20060283 Ver 1_Complete File_20060921

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PRE-CONSTRUCTION NOTIFICATION (PCN)
Mr. John Hennessy
Division of Water Quality
North Carolina Department of Environment
And Natural Resources, Raleigh, NC
(Fax) 919-733-6893
Ron Sechler
National Marine Fisheries, Beaufort, NC
(Fax) 252-728-8728
Travis Wilson
North Carolina Wildlife Commission, Creedmoor, NC
(Fax) 919-528.9839
Sara Winslow
NC Division of Marine Fisheries, Elizabeth City, Regional Office
(Fax) 252-264-3723
Gary Jordan
US Fish and Wildlife Service, Raleigh, NC
(Fax) 919-8564556
1. ORM 1D:
2. APPLICANT: K:.. ;. ? 3
3. DATE OF TRANSW"TAL:.?
4. RESPONSE DEADLINE: ? t.
5. COMMENTS IDEADLINE: i ????t?C??
6. SEND COMMENTS TO. US Army Corps of Engineers
Washington Regulatory Field Office
Attn: William Biddleeome (Bill)
[phone] ext. 26
Post office Sox 1000
Washington, North Carolina 27889
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RECEIVED
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STATE OF NORT14 CAROLINA
fl?'A RY PRAWN
DEPARTMENT OF TRANSPORTATION RfGl.1! 1
L' LYNDO TIPPETT
MICHAEL F. EASLE~Y SECRETARY
September 21, 2006
U. S. Army Corps of Engineers
Regulatory Field Office
Post Office Box 1000 tOV
Washington, NC 27889-1000
Attention: Mr. William J. Biddleeome U
NCDOT Coordinator
Dear Sir:
Subject. Nationwide 33 Permit Application and Nationwide 23 Permit Modification
Request for the proposed replacement of Bridge No. 16 over Merchants
Millpond on SR 1400, in Gates County. Federal Aid Project No. BRZ-1400(4),
State Project No. 8.2060201, WBS 33188.1.1, TIP No. B-3640.
Reference: Action ID No- 200610572, NWP 23 issued March 29, 2006
Please find enclosed revised permit drawings and a Pre-Construction Notification for tho above
referenced pr*c't. As stated in the original application, the North Carolina Department of
Transportation (NCDOT) proposes to replace existing Bridge No. 16 on SR 1400 over Merchants
Millpond in Gates County. In addition to the permitted permanent impacts there will temporary
stream and surface: water impacts to facilitate construction of. the darn/spillway and fish ladder.
Impacts to Waters of the United States
general Description: The project is located in the Ghowan River Basin (Hydrologic Unit
03010203), A best usage classification of "C NSW" has been assigned to Merchants Millpond
(Bennetts Creek) [DWQ Index # 25-171. Neither High. Quality Waters (HQW), listed
(WS-I: undeveloped watersheds or WS-I1: predominately undeveloped watersheds),
Section 303(d) impairments, nor Outstanding Resource Waters (ORW) occur within 1.0 mile (1.6
km) of project study area. Neither Merchants Millpond nor Benrietts Creek is designated as a
North Carolina Natural or Scenic River, or as a national Wild and Scenic River.
Permanent Impacts: The permitted impacts to jurisdictional wetlands have not changed (0.10-
acre of fill, 0.07-acre of mechanized clearing, and 0.02-acre of excavation). ?ws way hydraulic
review of the quantity of rip-rap to be placed at the base of the proposed
reduced, resulting in a total of 0.14-acre of surface water impacts.
Temnorary impacts: To facilitate and expedite the construction of the propOSed
p bs illway dam tand he
Fixh ladder. the NCDOT proposes to use sheet-pilr;
MAILING AOORE$S:
NIC DEPARTMENT OF: TRANSPORTATION
PR0IEGT 0EYELGFWNT AMP ENS AO"NTAL ANALYSIS
1548 MAIL SERVICE CENTER
RALEIGH NO 27699494$
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LOCATION:
TELEPHONE- 914733-3141 TRANSPORTATION BUILDING
FA%: 919-73"794 1 SOUTH WILMINGTON STRELT
RALEIGH NC
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project area so that it may remain dry during construction. This will result in 63 ft of temporary
stream impacts and 4.14-acre of temporary surface water impacts (see permit drawings).
Utility Imyacts: As stated in the original application, n.0 impacts to jurisdictional resources will
occur due to the relocation of utilities in the project area. All utility work will be conducted in
upland areas and existing; road fill.
Bridge Demolition
The existing bridge consists of a timber deck on timber joists with an asphalt-wearing surface.
The substructure is a timber abutment design; the interior bcmts consist of timber caps on timber
piles. The spillway for the millpond is a timber structure that is adjacent to the existing bridge.
The bridge can be removed without dropping components into Waters of the United States
during construction. Best Management Practices for Bridge Demolition and Removal will be
followed to avoid any temporary fill from entering Waters of the United States.
Federally Protected Species
As of April 27, 2006 the 'US Fish and Wildlife Service (USFWS) lists two federally protected
species for Gates County. A biological conclusion of "no effect" remains valid for the red-
cockaded woodpecker due to lack of suitable habitat. A biological conclusion is not required for
the American alligator due its designation of from the lis?sinee (due to
of the CE (Umctober No
species have been add
2004).
Avoidance and Minimizadon
Avoidance examines all appropriate and practicable possibilities of averting impacts to "Waters
of the United States". Due to the presence of surface waters and wetlands within the project
study area, avoidance of all impacts is not possible, The NCDQT is conunitted to incorporating
all reasonable and practicable design features to avoid and minimize jurisdictional impacts.
Minimization measures were incorporated. as part of the project design these included:
• Use of an off-site detour during construction.
Construction of a 29-foot longer bridge
• Construction of a fish ladder for anadromous fish passage demolition of the existing
• Best Management Practices will also be utilized during d
bridge and construction of the new bridge.
• Installation of sheet piles will dispense the need for an Anadromous Fisb Moratorium
based on personal communication with NCWRC-
Mitigation
No additional mitigation is proposed for this project.
Regulatory Approvals
Section 404 Permit: It is anticipated that the temporary dewatering and sheet-pile installation will
be authorized under Section 404 Nationwide Permit 33 (TemporuY Construction Access and
Dewatering). We are, therefore, requesting the issuance of a Nationwide Permit 33 authorizing
the temporary work, All other aspects of this project are being processed by the Federal
Highway Administration as a "Categorical Exclusion" in accordance with 23 CFR 771.115(b).
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The NCDOT requests that these activities be authorised by a Nationwide Permit 23 (FR number
10, pages 2020-2095, January 15, 2002).
Section 401 Certification: We anticipate 401 General Watca Quality Certification numbers 3403
and 3366 will apply to this project. All general conditions of the Water Quality Certifications
will be met. Therefore, in accordance with 15A NCikC 21L Section .0500(a) and 15A NCAC
2B.0200, we are providing copies of this application to the North Carolina Department of
Environmental and Natural Resources, Division of Water Quality for their review,
CAMA: NCDCT has applied for the issuance of a CAMA. Major Development Permit
Modification from NCDCM under separate cover.
A copy of this application will be posted on the NCDOT website at:
htta:tlwww..Ioh.dot.state nc usJtueconstruclhWneulvermit.htrnl
Thank you for your time and assistance with this project. Please contact Mr. Tyler Stanton at
tstanton(a),dot.statemc.us or [phone] if you have any questions or need additional
information.
Sincerely,
'K" Gregory J.'fhorpe, Ph.D.
Environmental Marragement Director, PDEA
Cc W/attachment:
Mr. John Hennessy, NCDWQ (2 Copies)
Mr. Travis Wilson, NCWRC
Mr. Gary Jordan, USFWS
Mr. Ron Sechlcr, NMFS
Mr. Michael Street, NCDW
Ms. Cathy Brittingham, NCDCM
Ms. Wanda Gooden, NCDCM
Dr, David Chang, PE, Ilydraulics
Mr. Greg Pcrfetti, i'E, Structure Design
Mr. Mark Staley, Roadside Environmental
M.r. Anthony Roper, PE, Division L F.ngitnec.-r
Mr. Clay Willis, Division 1 Environmental Officer
Cc w/o attachment:
Mr. Scott McLendon, USACE, Wilmington
Mr. Jay )_3cnnett, PE, Roadway Design
Mr. Majed Alghandour, PE, Programming and TIP
Mr. Art McMillan, PE, Highway Design
Ms. Beth Harmon, EEP
Mr. Todd Jones, NCDOT External Audit Branch
Ms. Stacy Baldwin, PE, PDEA
A'CDOT TIP B-3640
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Office Use Only:
USAGE Action ID No.
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(if any particular item is not applicable to
1. Processing
268922L6Z6 : X31
_ DWQ No.
project, please enter "Not
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Form Vmion March 05
or "N/A". J
RkENED
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I . Check all of the approval(s) requested for this project:
Section 404 Permit ? Riparian or Watershed Buffer
? Section 10 Permit El Isolated Wetland P it from-GWQ-. ?w,.-,---• •.
®
® 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: V23 & 33
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 Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: N
S. Tf 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 (sec the top of page 2 for further details), check here:
11. Applicant Information
1. Owner/Applicant Information
Name: Gregory J Thoroe PhD Environmental Management Director..-.
Mailing Address: 1598 Mail Service Center
Ralci h NC
Telephone Number: f912) 733-3141 Pax Number: [phone]___
E-mail Address:
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.)
Naive:
Company Affiliation:
Mailing Address:
Telephone Number:
E-mail Address:-
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Fax Number:
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111. 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
USAGE requires information to be submitted on sheets no larger than 1l 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:
2. T.T.P. Project Number or State Project Number (NCDOT Only): B-3640
3. Property Identification Number (Tax PIN): NIA
4, Location
County: Gates Nearest Town: Gatesvillc
Subdivision name (include phase/lot number): NIA
Directions to site (include road numbers/names, landmarks, etc.):
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): -76.6987 °N 36.4315
6. Property size (acres): N/A
7. Name of nearest receiving body of water: Bennettc Creek
8. River Basin: Chowan
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.cnr state ne.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: State Park Rural with forested areas and scattered
residential and farms.
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10. Describe the overall project in detail, including the type of equipment to be used:
Replacement of the existing bridge structure with a 135-foot cored slab bridge at
approximately the same location and slightly higher roadway clevatiOn of the existing
structure using ton down construction Revlacc existing dam/spillway structure and install
fish ladder.
11. Explain the purpose of the proposed work: The bridge is considered to be structurally
deficient and functionally obsolete and the replacement will result in safer traffic operation%.
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 USAGE Action 1D 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. NWP & LAMA A lication dated 2117/2006• USAGE Action ID #
200610572 dated 3/29/2006 • CA14A Permit # 102-06 dated 6V2006
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 applioation_
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. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and pereruual)
should 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
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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.
1. Provide a written description of the proposed impacts: V. prroath fill excavation, mechanized
clcarint? sheet-pile installation
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditchingldrainage, etc. For dams,
s aratel list im acts due to both structure and flc}odin .
Type of Wetland Located within Distance to Area of
Wetland Impact YPe 100-year Nearest Impact
Site Number Typc of Impact (e.g., forested, marsh, Floodplain Stream (acres)
(indicate on map) herbaceous, hog, etc-) es/no (linear feet
14+11-1.- Permanent Fill Forened/Riverine Ycs 0.10
14+11 -lr Mechanized Clearing Forested/ltiverine Yes 0.07
0.02
14+11-L- Excavation Foresled/Rivcrine Yes
Total Wetland Impact (Acres) f 0.19
3, List the total acreage (estimated) of all existing wetlands on the property. NIA
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding„ relocation, stabilization activities (e.g., cement walls, rip-rap,
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation's proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included, To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact
Number Stream Name
ndicate on ma
14+1 l-L- Bennc to Creek
Type of Impact
Temporary
Perennial or
lnlermiltene?
Perennial

Average Impact Area of
:
eam Width Length Impact
fore im act linear feet (acres)
90 63 0.14
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Total Stream lmpact (by length and acres,
5. Individually list all open water impacts (including lake,;, ponds, estuaries, sounds, Atlantic
Oceans and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Type of Waterbody Area of
Open Water Impact Name of Waterbody Type of Impact (take, pond, estuary, sound. bay, lmpsct
Site Numh kablc)
(if ap ppllicable)
ocean, etc.) (acres)
ma)
(indicate an
14+11-L-
Merchants Millpond
fill (rip-rap) 4
pond _±_1

it 1A
Total Open Water Impact (acres)
6. List tlt
..+ +,..,11 AIJa1Prc .,f the I I S_ resulting from the project:
C c.urnUMLI VG 11LLjJCP.L lV 41. t• ,.?,,.lv va w. - - -- - -
Stream Impact acres :
0.14
Wetland lretpact (acres : 0.19
Open Water Impact (acres): 0.14
of the U.S. (acres)
Total 1m act to Waters 0.47
,
Total Stream Impact (linear feet): 63
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USAGE.
N/A
8. Pond Creation
If construction of a pond is proposed, associated wctland 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. ? wetlands
Pond to be created in (check all that apply): ? uplands 0 stream
Describe the method of construction (e.g., dam/embankment, excavation, installation or
draw-down valve or spillway, etc.): NIA
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, _
local stormwater requirement, etc.):
Current land use in the vicinity of the pond: Expected pond surface arca:-
Size of watershed draining to pond:
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 Onstrai-Ot5 such as topography, building ordinances, accessibility, and
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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. Use of an off-site detour
during construction construction of a 29-foot longer sinnle-span bridge, Best Management
Practic.e% will also be utilized during demolition of the excstigg bridge and construction of the
new brid e.
V111. Mitigation
DWQ - In accordance with 15A NCAC 2H 0500, mitigation may be required by the NC
Division of Water Quality tier 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.
USAGE - In accordance with the Final Notice of Issuance and Mafication of Nationwide
Permits, published in the Federal Register on January 15, 2002, 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 NCEEP 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 cnr state nc LLS/newetlands/strmnidq.Xh 1.
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 of site), 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.
The NCEEP will provide cornnensatory mitigation for impacts from this nrolect
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2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written. approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at bqp:/Ai2o.enr.state.nv,.us/Wrpiindex.litm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): 0
Amount of buffer mitigation requested (square feet): 0
Amount of Riparian wetland mitigation requested (acres): 0 19
Amount of Non-riparian, wetland mitigation requested (acTes): 00
Amount of Coastal wetland mitigation requested (acres): 0
Environmental Documentation (requited by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes [D No El
2. 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 ?
3. If yes, has the document review been finalized by the State Clearinghouse? Tf so, please
attach a copy of the NEPA or SEPA final approval letter. Yes G] No ?
Proposed Impacts on Riparian and Watersbed Duffers (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.
1. Will the project impact protected riparian buffers identified within 15A NCAC 23 .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ? No Z
2. If "yes", 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.
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Lunc* Impact
rare feet)
Multiplier Required
mitigation
N/A 3 (2 for Catawba) 0
1.5 0
Total 0
* 40ne I extends out 30 feet pwpundicular from thr top of the near bank of channel; Zonc 2 extends an
additional 20 feet from the edge of 7xnc 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of. property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 213.02742 or.0244, or .0260.
N/A
XI. Stormwater (required by DWQ)
Describe impervious acreage (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. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. See Stormwater Management Plan
X11. 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
X1I1. Violations (required by DWQ)
is this site in violation of DWQ Wetland Rules (] 5A NCAC 2H.0500) or any Buffer Rules?
Yes ? No 0
is this an aver-the-fact permit application? Yes ? No 9
XTV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No
Page 8 of 9
Z2,2T'd 26892216I6:01 66?>SZ62S2 N019NIHSt1M 3ousn :woid TR:TT 9002-Z2-d3S
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If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carnlina Division of Water Quality policy posted on our website at
http:f/h2o.enr.state.ne.us/ncwetlands. If no, please provide a short narrative description:
N/A
XV. 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).
F
. Z, i-a
App cant/ cut's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 9 of 9
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STORMWATER MANAGEMENT PLAN
T2ft,T'd
WBS: 331$$.1.1 (B-3640)
(Grates County
Date:8/05
PROJECT DESCRIPTION
The project involves the bridge replacement of Bridge #16 over Merchants Mill Pond on
SR 1400. The overall length of the bridge is 135' and the total project length is 335'.
The existing bridge length is 106'. The existing two lane road will be widened from 9'
lanes to 11' lanes. The existing bridge will be widened from 29' to 45' to accommodate
5' 9" sidewalks on each side of the proposed bridge. The crossing is within the Chowan
River Basin and is part of the Merchants Millpond State Park,
BEST MANAGEMENT PRACTICES AND MAJOR STRUCTURES
Best Management Practices (BMPs) and measures used on the project to reduce the
stormwater impacts include the following-
- Approach work was minimized to approximately 100' on each side of the bridge,
- No deck drains proposed for new bridge,
- Concentrated flow minimized to one proposed inlet on west side of crossing.
Otherwise allowed sheet flow over grassed shoulders.
2689221GT6:01 66£TSL62S2 NOiDNIHSdM 3DUsn:woad 22:TT 9002-12-d3S
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PROGRAM
January 31, 2006
Mr. Gregory J. Thorpe, Ph.D.
Environmental Management Director
Project Development and Environmental Analysis Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina 27699-1548
Dear Dr. Thorpe:
Subject:
EEP Mitigation Acceptance Letter:
ST :OT ar3M 90,0!2-L2-d3S
FEB s 2006
OPASION CF+dG>ifIIAYS
PDWREE OF NAWAI MW

B-3640, Bridge 16 over Merchants Millpond on SR 1400, Gates County
The purpose of this letter is to notify you that the Ecosystem Enhancement Program (EEP) will
provide riverine wedand mitigation for the subject project. Eased on the information supplied by you in a
letter dated June 14, 2005, the impacts are located in CU 03010203 of the Chowan River Basin in the
Northern Outer Coastal Plain (NOCP) Eco-Region, and are as follows,
Riverine Wetland Impacts' 0.19 acre
This mitigation acceptance letter replaces the mitig$tion acceptance letter issued an July 19,
2005. As stated in your letter, the subject project is listed in Exhibit 2 of the Memorandum of Agreement
among the North Carolina Department of Environment and Natural Resources, the North Carolina
Department of Transportation, and the lJ. S. Army Corps of Engineers, Wilmington District dated July
22, 2003. The mitigation for the subject project will be provided in accordance with this agreement.
If you have any questions or need additional information, please contact Ms. Beth Harmon at
919-715-1929.
Sincerely,
William D. Gilmore, P.E.
EEP Director
CC' Mr. Bill Biddlecome, USACE-Washington
Mr. John Hennessy, Division of Water Quality, Wetlands/401 Unit
File: B-3640 Revised
_ Our Sta.
R.?,StDYLN?... ?l'L FYD?ELi N ?NR
Mail Service Center, Raleigh, HC 17699-1652 / 919-715-0476 / vmw.nceep.net
North Larnlina Ecosystem Enhancement Program, 1652 L2/Sti'd 2689222L61<6:01 662IS162S2 NOIJNIHSdM 39dsn:wojj 22:TT 9002-12-d3S
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Form DCM-MP-1
f
{ .._,
APPLICATION .. ? ?:
(To be completed by all' applicants) 1. APPLICANT

a. Landowner:
zip
Name N C Department of Transportation
Address 1548 Mail Service Center
City Raleigh State NC
27699-1548 Day Phone [phone]
Fax [phone]
b. Authorized Agent:
Name
Address
City State
zip
Fax
Day Phone
c. Project name (if any) B-3640 (33188.1.1)
Replace Bridge No. 16 over Merchants Millpond
NOTE: Permit will be issued in name of landowner(s),
and/or project name.
2. LOCATION OF PROPOSED
PROJECT
b. City, town, community or landmark
Merchant Mill Pond State Park
c. Street address or secondary road number
cu 1 dnn
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) Merchants Mill Pond /
Bennetts Creek
3. DESCRIPTION AND PLANNED USE
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.
Replacing existing bridge; + /- 200 ft of
roadway approach work; Replacing existing
wooden spillway.
b. Is the proposed activity maintenance of an existing
project, new work, or both? Both
c. Will the project be for public, private or
commercial use? Public
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. The p roject is necessary to
replace an aging bridge. Heavy e quipment will
a. County Gates
??.?? ? zoos
be used to remove the existing bridge and
construct the new bridge. Construction method
will be top-down.
0??
RPVICPdi 03/9> ;.. ' _ Vjq ER QUALITY
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 5ft
d. Soil type(s) and texture(s) of tract
Loam to Sandy-Loam
e. Vegetation on tract roadside grasses, cypress-gum
swamp, bottomland hardwoods.
f. Man-made features now on tract
roadway fill, bridge, dam and spillway
g. What is the CAMA Land Use Plan land
classification of the site? (Consult the local land use plan.)
Conservation Transitional
Developed Community
X Rural Other
h. How is the tract zoned by local government?
N/A
Is the proposed project consistent with the
applicable zoning? X Yes No
(Attach zoning compliance cetWficate, if applicable)
j . Has a professional archaeological assessment been
done for the tract? X Yes No
If yes, by whom? NCDOT
k. Is the project located in a National Registered
Historic District or does it involve a National
Register listed or eligible property?
Yes X No
Are there wetlands on the site? X Yes - No
Coastal (marsh) Other X
If yes, has a delineation been conducted? YES
(Attach documentation, if available)
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.) Stormwater
discharges are by sheet flow.
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:
• 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.
• An accurate, dated work plat (including plan view
and cross-sectional drawings) drawn to scale in black
ink on an 8 1/2" by 11" white paper. (Refer to
Coastal Resources Commission Rule 7J.0203 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 part of plat
requirements and it must be sufficiently detailed to
guide agency personnel unfamiliar with the area to
the site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
*A Stormwater Certification, if one is necessary.
*A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners and
signed return receipts as proof that such owners

Form DCM-MP-1

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
Address
Phone
Name
Address
Phone
Name
Address
Phone
See attached list
• 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.
• 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.
6. CERTIFICATION AND PEMSSION
TO ENTER ON LAND
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 certify 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 certify that I 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.
This is the 1 day of 111we 119'
Print Name
Signature t..•?-- i'
Landowner 'r Authorize 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
_
X DCM MP-5 Bridges and Culverts
DCM MP-6 Marina Development
NOTE: Please sign and date each attachment in the
space provided at the bottom of each form.
Revised 03/95
MAY-02-2006 06:55 From:DOT OFF OF NAT ENVI. 919
Form DCM..-MP-S
BRIDGES 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.. R,RYDGES
a. Public X Private
b. Type of bridge (construction material)
3 a 45' Cored Slab Bridge
c. Water body to be crossed by bridge
Merchants Mill Pond / Bcnnetts Creek
d. Water depth at the proposed crossing at M.LW or
NWL 5.5 ft
e. Will proposed bridge replace an existing bridge?
X Yes No
If yes,
(1) Length of existing bridge 106 ft
(2) Width of existing bridge 27 ft
(3) Navigation clearance underneath existing
bridge N/A
(4) Will all, or a part of, the existing bridge be
removed'? (Explain) The entire existing
bridge will be removed,
f. Will proposed bridge replace an existing culvert(s)?
Yes X No
If yes,
(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)
g. Length of proposed bridge 135 ft
h. Width of proposed bridge 45 ft
i. Height of proposed bridge above wetlands
Revisal 03195
N/A
To:252 264 3723 P.2/4
j. Will the proposed bridge affect existing water flow?
Yes X No
If yes, explain
k. Navigation clearance underneath proposed bridge
N/A
1. Will the proposed bridge affect navigation by
reducing or increasing the existing navigable
opening? - Yes X No
If yes, explain
m. Will the proposed bridge cross wetlands containing
no navigable waters? X Yes No
If yes, explain Spillway for pond is located
immediately upstream of the bridge.
n. Have you contacted the U.S. Coast Guard
concerning their approval?
Yes X No
If yes, please provide record of their action.
2. CULVERTS N/A
a. Water body in which culvert is to be placed
b. Number of culverts proposed
e. Type of culvert (construction material, style)
d. Will proposed culvert replace an existing bridge?
Yes No
If yes.
(1) Length of existing bridge
(2) Width of existing bridge
(3) Navigation clearance
bridge
underneath existing

MAY-02-2006 06:55 From:DOT OFF OF NAT ENVI. 919
T0: d5d db4 S re,5 r-..D"'f
Form DCM-MP 5
(4) Will all, or a part of, the existing bridge be c. Will the placement of the proposed bridge or culvert
removed? (Explain) require any highground excavation'?
X Yes No
e. Will proposed culvert replace an existing culvert? If yes,
Yes No (1) Length of area to he excavated 30 ft
If yes, (2) Width of area to be excavated 10 tt
(1) Length of existing culvert (3) Amount of material to be excavated in cubic
(2) Width of existing culvert yards 1 cy
(3) Height of the top of the existing culvert above
the MHW or NWL d. If the placement of the bridge or culvert involves
(4) Will all, or a part of, the existing culvert be any excavation, please complete the following:
removed'? (Explain) (1) Location of the spoil disposal area
to be determined by contractor
(2) Dimensions of spoil disposal area
f. Length of proposed culvert to be determined by contractor
(3) Do you claim; title to the disposal area?
g. Width of proposed culvert Yes N/A No
If no, attach a letter granting permission from
h. Height of the top of the proposed culvert above the the owner.
MHW or NWL (4) Will the disposal area be available for future
maintenance? Yes N/A No
i. Will the proposed culvert affect existing water flow? (5) Does the disposal area include any coastal
Yes No wetlands (marsh), SAVs, or other wetlands?
If yes, explain Yes X No
- If yes, give dimensions if different from (2)
above. N/A
j. Will the proposed culvert affect existing navigation (f;) Does the disposal area include any area below
potential? Yes No the MHW or NWL? Yes X No
If yes, explain _ ff yes, give dimension it different from No. 2
above. N/A
3. EXCAVATION AND FILL e. Will the placement of tic proposed bridge or culvert
result in any fill (other than excavated material
described in Item d, about) to be placed below
<t. Will the placement of the proposed bridge or culvert MHW or NWL? X Yes No
require any excavation below the MHW or NW:? If yes,
X Yes No (1) Length of area to be filled 180 ft
If yes, (2) Width of area to be tilled 10 ft
(1) Length of area to be excavated 34 ft (3) Purpose of fill Widening of roadway to
(2) Width of area to be excavated 70 ft accommodate proposed bridge; Stone Slope
(3) Depth of area to be excavated 4.5 ft protection
(4) Amount of material to be excavated in cubic
yards 280 CY
f. Will tic placement of the proposed bridge or culvert
b. Will the placement of the proposed bridge overt result in any till (other than excavated material
require any excavation within: VF- described in Item d, above) to be placed within:
Coastal Wetlands - SAVs X Other Wetlands Coastal Wetlands SAVs X Other
!f yes, 13)
d _
Wetlands if yes,
(1) Length of area to be excavate (l) Length of area to be filled 100 ft
(2) Width of area to be excavated 5 (2) Width of area to be filled 20 ft
(3) Amount of material to be excavated inc (3) Purpose of fill travel lane and shoulder
yards?(? Cub t L ?E 0.rG?S widening
Revised 113/95
MAY-02-2006 06:55 From:DOT OFF OF NAT ENVI. 919 To:252 264 3723 P.4/4
Corm DCM-MP-5
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? Yes X No
if yes,
(1) Length of area to be filled
(2) Width of area to be filled
(3) Purpose of fill
4. GENERAL
t
a. Will the proposed project involve any mitigation'?
X 'Yes No
If yes, explain in detail 4.19 acre of wetland
mitigation will be provided by EEP
h. Will the proposed project require the relocation of
any existing utility lines? X Yes No
If yes, explain in detail All utility work will be
conducted in upland areas and existing road fill
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 prgject 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'? NCDOT approved BMR
will be utilized
f. What type of constriction equipment will be used
(for example, dragline, backhoe or hydraulic
dredge)? Heavy highway construction equipment
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`?
Yes X No
if yes, explain in detail
Rev6W 03/95
I
-eo stem
f ee
PROGRAM
January 31, 2006
Mr. Gregory J. Thorpe, Ph.D.
Environmental Management Director
Project Development and Environmental Analysis Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina 27699-1548
Dear Dr. Thorpe:
Subject: EEP Mitigation Acceptance Letter:
RECEIVED
FEB 3 2006
DIVISON CF HI'GRAYS
PDR-OFFI04. OF NATURAL ERF
B-3640, Bridge 16 over Merchants Millpond on SR 1400, Gates County
The purpose of this letter is to notify you that the Ecosystem Enhancement Program (EEP) will
provide riverine wetland mitigation for the subject project. Based on the information supplied by you in a
letter dated June 14, 2005, the impacts are located in CU 03010203 of the Chowan River Basin in the
Northern Outer Coastal Plain (NOCP) Eco-Region, and are as follows:
Riverine Wetland Impacts: 0.19 acre
This mitigation acceptance letter replaces the mitigation acceptance letter issued on July 19,
2005. As stated in your letter, the subject project is listed in Exhibit 2 of the Memorandum of Agreement
among the North Carolina Department of Environment and Natural Resources, the North Carolina
Department of Transportation, and the U. S. Army Corps of Engineers, Wilmington District dated July
22, 2003. The mitigation for the subject project will be provided in accordance with this agreement.
If you have any questions or need additional information, please contact Ms. Beth Harmon at
919-715-1929.
Sincerely,
William D. Gilmore, P.E.
EEP Director
cc: Mr. Bill Biddlecome, USACE-Washington
Mr. John Hennessy, Division of Water Quality, Wetlands/401 Unit
File: B-3640 Revised 014"r ft-ate, NCDENR
North Carolina Ecosystem E hancement Program, 1652 Mail Service Center, Raleigh NC 11699-1652 / 919-115-0416 / www.nceep.net
8
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NCDOT
DIVISION , OF; HIGHWAYS
VICINITY' GATES COUNTY
PROJECT: 33188.11 (B-3640)
MAPS SR 1400 KML POND ROAD
FROM EAST OF EASTMAINS
CROSSROADS TO FLAT BRANCH
SHEET J OF B
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DIVISION OF COASTAL MANAGEMENT cr Z_g3
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: North Carolina Department of Transportation (NCDOT) - TIP No. B-3640.
2. LOCATION OF PROJECT SITE: Bridge #16 over Merchants Millpond is located on SR 1400 (Millpond
Rd), adjacent to Merchants Millpond State Park, approximately 1.2 miles south of the US Highway 158 and SR
1400 crossing, near Gatesville,North Carolina (Gates County)
Photo Index - 2000: 234-1890; 234-1891
State Plane Coordinates - X: 2684300 Y: 990400 Merchants Millpond Quad
GPS Rover Files - R040411A/B/D/E
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Date(s) of Site Visit/Applicant Present? 3/2/2006-No; 4/4/2006-Yes
5. PROCESSING PROCEDURE: Application Received Complete - May 2, 2006; Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan: Gates County
Land Classification From LUP: Rural
(B) AEC(s) Involved: Public Trust Area/Public Trust Shoreline
(C) Water Dependent: Yes
(D) Intended Use: Public
(E) Wastewater Treatment: Existing - None Planned - None
(F) . Type of Structures: Existing - Roadway/Bridge/Dam and Spillway
Planned - Improved Roadway/New Bridge/Dam & Spillway with Fish Ladder
(G) Estimated Annual Rate of Erosion: N/A Source - N/A
7. HABITAT DESCRIPTION:
FARF.AI
DREDGED FILLER OTHER

(A) VEGETATED WETLANDS:
(404) 0.02 acre 0.10 acre 0.069 acre (mechanized

clearing)
(B) NON-VEGETATED WETLANDS:
(C) OTHER:
(HIGH GROUND; SURFACE WATER) 0.01 acre
(high 0.17 acre (surface
water-spillway structure)
ground)
0.014 acre (surface
water-shading from
bridge)
(D) Total Area Disturbed: 0,363 acre (1b,btSS sr)
(E) Primary Nursery Area: No
(F) Water Classification: C-NSW Open: No
8. PROJECT SUMMARY: NCDOT proposes to demolish Bridge #16 that carries SR 1400 over Merchants
Millpond. The current structure will be replaced with a new bridge using top-down construction. Roadway
approaches will be upgraded. The existing dam/spillway will be replaced and realigned; a fish ladder will be
Bridge"1C Repla?emerTt - Merchants Millpond
Gates Co.
Page 2 of 3`
incorporated into the new spillway. An off-site detour will be utilized for traffic during construction.
PROJECT SETTING
Bridge No. 16 crossing over Merchants Millpond lies within the Chowan River Basin and is located on State Route
1400, a two-lane road. The majority of land use in the vicinity of the project area is primarily forested, consisting
of bottomland hardwoods, loblolly pines (pinus taeda) and sweet gum (Liquidambar styraciua); however, there is
also rural residential property near the project. Coastal wetland plant species were not observed in the surrounding
area of the project site.
Built in 1963, Bridge #16 is a 7-span, 106-ft. wide X 27-ft long structure with two, 9-ft travel lanes. The bridge's
superstructure consists of a timber deck on timber joists with an asphalt surface. The substructure is a timber
abutment design. Interior bents are also made of timber. Pedestrian/fishing walkways are connected to either side
of the bridge. A wooden spillway is attached to the bridge's substructure, immediately upstream. There is no
navigation underneath existing Bridge #16 due to the connection of the dam/spillway structure. Riprap has been
placed underneath the north side of the bridge. Bridge #16 has a sufficiency rating of 15.1 out of 100 and is
considered functionally obsolete and structurally deficient.
Merchants Millpond is an impoundment of and drains into Bennett's Creek, a fourth-order, black water stream just
to the south. The millpond itself exhibits black water characteristics. Bald cypress (Taxodium distichum) and water
tupelo (Nyssa aquatica) communities emerge in scattered groups from the pond's surface. Other aquatic vegetation
noted during the site visit included floating duckweed (Lemna sp.). Algal mats were also scattered on the pond
surface. Water depth is approximately 6 feet at normal water level in front of the spillway. No water resources
classified as "High Quality Waters" (HQW), Water Supplies (WS-I or WS-II), or Outstanding Resource Waters
(ORW) occur within 1.0 mile of the project area. The project site has been designated an anadromous fish
spawning area.
Public access to/use of this Public Trust Water/Shoreline AEC at the existing bridge was evident; during the site
visit, people were observed fishing from the fishing walkway and from the banks. A boat launching area and wood
walkway are located within the park; a canoe loading dock and stairway occur approximately 240-ft south of the
bridge.
The NC Department of Cultural Resources State Historic Preservation Office (SHPO) has determined that this
project as proposed will not affect any historic structures. An archaeological survey was not recommended for the
project. As noted in the Categorical Exclusion document regarding rare and protected species, the red-cockaded
woodpecker (Picoides borealis) and the American alligator (Alligator mississippiensis) are the only federally
protected species listed for Gates County. Biological conclusions of "Not Required" for the American alligator and
"No Effect" for the red-cockaded woodpecker were reached with regard to impacts this project may have on their
ecology. Although there are anecdotal accounts of alligator sightings in the project area, the applicant states that
field surveys revealed no evidence of alligator nests in the vicinity of the bridge. Neither species was observed
during the site visits.
DEVELOPMENT PROPOSAL
NCDOT is proposing to demolish Bridge #16 over Merchants Millpond and replace it with a new, cored slab
bridge that is approximately 29-feet longer and 18-feet wider than the existing one. According to the Categorical
Exclusion document, five-foot wide pedestrian/fishing walkways will be constructed along either side of the bridge,
away from the travel lanes. Bicycle safe bridge rails will also be installed along either side of the travel way.
Traffic will be re-routed on an 8 mile, off-site detour along surrounding roads during construction.
NCDOT also plans to remove the existing dam and spillway and replace them with new structures moved upstream
(north) of current location. Methods to remove dam and spillway are to be determined by the contractor. The
proposed spillway will be constructed of either steel or concrete piles and approximately 300-ft long. The top of the
Bridge #16 Replacement - Merchants Millpond
Gates Co.
Page 3 of 3
spillway will be elevated at 6-feet. Riprap (200-700 lb and
new spillway to match existing slopes in embankment an
ladder at the centerline of the spillway, supported by H-pi
passage.
1000-1800 lb) placement is proposed at the base of the
t streambed. Plans also include the addition of a fish
es. This addition is intended to allow anadromous fish
Existing Bridge #16 will be removed using NCDOT Best Management Practices for bridge demolition and removal
without dropping bridge components into the water. All components of the existing bridge will be removed. The
proposed replacement bridge is approximately 135-ft long x 45-ft wide with a clear roadway width of 30 feet. The
new structure will be placed at approximately the same location and roadway elevation as the existing bridge, using
top-down construction. The method of pile installation is to be determined by the contractor. The proposed
roadway approaches will be widened to provide two, 11-foot travel lanes with shoulder widths of at least 6 feet.
Bridge deck drains will not be allowed to discharge directly into the water.
Construction and installation of the dam/spillway structures will impact 0.17 acres of surface water. According to
the application, the proposed development involves excavation below normal water level, in wetlands and in high
ground. In addition, fill will be placed below normal water level and in wetlands. Mechanized clearing is planned
in riverine 404 wetlands for roadway improvements and stone slope protection. Relocation of existing utility lines
will be conducted in upland areas and existing road fill; jurisdictional resources will not be impacted during the
relocation. The applicant states there will be no temporary impacts to wetlands/waters of the U.S., although the
plan profile for the construction/installation of the spillway structure indicates water level within Merchants
Millpond will decrease by 6 inches.
As noted in the Categorical Exclusion document, NCDOT will observe a moratorium on in-water work between 15
February and 30 June to protect fish spawning and will follow "Stream Crossing Guidelines for Anadromous Fish
Passage". The Ecosystem Enhancement. Program (EEP) agreed to provide compensatory mitigation for 0.19 acre of
riverine wetland impact (reference EEP Mitigation Acceptance Letter dated 31 Jan 06). The U.S. Army Corps of
Engineers has issued NWP No. 23, Categorical Exclusion (with conditions) dated March 29, 2006.
ANTICIPATED IMPACTS
¦ Permanent impact to 0.17 acre of Public Trust Area surface water due to dam/spillway/fish ladder placement.
¦ Permanent impact to 0.10 acre of 404 riverine wetlands due to permanent fill.
¦ Permanent impact to 0.02 acre of 404 riverine wetlands due to excavation.
¦ Permanent impact to 0.069 acre of 404 riverine wetlands due to mechanized clearing.
¦ Permanent impact to 0.10 acre of high ground due to excavation.
¦ Temporary impact to surface water for approximately 1 month (water level reduction of 6 inches) due to
construction/installation of spillway design.
¦ Shading of approximately 0.014 acre of Public Trust Area surface water due to bridge placement.
¦ Navigation clearance underneath proposed bridge will not change.
¦ Temporary water turbidity may occur during demolition of the existing bridge and construction of the new
bridge; however, applicant will use BMP for the protection of surface water to minimize these impacts.
¦ Proposed new design does not appear to impede access to Public Trust Waters.
¦ In-water moratorium between 15 February and 30 June of each year may delay or interrupt construction but
will minimize impacts to anadromous fish resources.
Submitted by: Wanda S. Gooden
Date Submitted: 3 May 06
MAJOR PERMIT FEE MATRIX
Applicant: $" Cx)0 C' (7 -:Y, p ? ; ca, zz?' -_? G L- C_?
Selection Development Type Fee DCM %
(14300 1601 435100093 1625 6253) DWQ %
(24300 1602 435100095 2341)
1. Private, non-commercial
development that does not $250 100%($250) 0%($0)
involve the filling or
excavation of any wetlands
or open water areas:

II. Public or commercial
development that does not $400 100%($400) 0%($0)
involve the filling or
excavation of any wetlands
or open water areas:
III. For development that
involves the filling and/or
excavation of up to 1 acre
of wetlands and/or open
water areas, determine if A,
B, C, or D below applies:
III(A). For Private non-
commercial development, if $250 100%($250) 0%($0)
General Water Quality
Certification No. 3301 (see
attached can be applied:
III(B). For public or
commercial development, if $400 100%($400) 0%($0)
General Water Quality
Certification No. 3301 (see
attached can be applied:
III(C). If General Water
Quality Certification No. $400 60%($240) 40%($160)
3301 (see attached) could
be applied, but DCM staff
determined that additional
review and written DWQ
concurrence is needed
because of concerns
related to water quality or
aquatic life:
III(D). If General Water
j' Quality Certification No. $400 60%($240) 40%($160)
3301 (see attached) cannot
be applied:

IV. For development that
involves the filling and/or $475 60%($285) 40%($190)
excavation of more than
one acre of wetlands and/or
open water areas:
r
A?
NCDENR
North Carolina Department of Environment and Natural
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director
September 15, 2006
Gregory J. Thorpe, Ph.D.
Project Development and Environmental Analysis
N.C. Department of Transportation
1548 Mail Service Center
Raleigh, NC 27699-1548
b(oo ?L's S
C-1 6?4tO'!,j
Resources G?
William G. Ross Jr., Secretary
RE: Letter of Refinement, CAMA Major Development Permit No. 102-06 for the replacement
of Bridge No. 16 over Merchants Millpond in Gates County, TIP No. B-3640.
Dear Dr. Thorpe:
This letter is in response to the N.C. Department of Transportation's (NCDOT's) e-mails dated
8/17/06 and 8/23/06 regarding CAMA Major Permit No. 102-06. In addition, the N.C. Division,
of Coastal Management (DCM) received workplan drawings (5) from NCDOT for the spillway,
fish ladder and sluice gate on 8/23/06.
In the e-mail dated 8/17/06, NCDOT stated that grubbing will occur in the areas permitted as
mechanized clearing. NCDOT previously stated verbally that they consider grubbing to be an :.. .
authorized activity within the definition of mechanized clearing. Therefore, NCDOT considers
Condition No. 27 of CAMA Permit No. 102-06 to be in conflict with the. permit's authorization
to impact 0.069 acres of wetland impacts due to mechanized clearing. Condition No. 27 states
that wetland areas to be cleared shall not be grubbed.
On 8/23/06, NCDOT transmitted five workplan drawings to DCM depicting the spillway, fish
ladder and sluice gate. Two of these drawings are new, and are dated July 2006 and labeled SP-5
and SP-4. Three of these drawings are revised, and are dated 4/11/06 and labeled SP-1, SP-2 and
SP-3. NCDOT sent an e-mail to DCM on 8/23/06 stating that the revisions will not result in . .
additional impacts to Coastal Area Management Act (LAMA) Areas of Environmental Concern
(AEC's). The purpose of the revised and new drawings is to comply with Condition No. 2 of
CAMA Permit No. 102-06, which states: "...the permittee shall work with DPR to develop a
method to gain access to the control structure for maintenance of the fish ladder and for opening
the control gates for maintenance..." In an e-mail dated 8/23/06, the N.C. Division of Parks and
Recreation (DPR) sent DCM an email confirming that they have approved the plan revisions for
the spillway and fish ladder.
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone]\ FAX: [phone] \ Internet: http://dcm2.enr.state.nc.us
An Equal opportunity \ Affirmative Action Employer -50% Recycled \ 10% Post Consumer Paper
1
Please be advised that through this Letter of Refinement, DCM conveys its determination that
the above referenced 5 workplan drawings submitted on 8/23/06, and NCDOT's plan to grub
within mechanized clearing limits, are consistent with existing State rules and regulations and are
in keeping with the original purpose and intent of CAMA Permit No. 102-06 with the following
conditions:
NOTE: The permittee is strongly encouraged to minimize the need to cut mature trees
within the clearing limits to the maximum extent practicable.
Any development activity that has not received approval from the N.C. Division of
Parks and Recreation (DPR) for work within Merchants Millpond State Park is not
authorized.
2. This Letter of Refinement does not eliminate the need to obtain any additional stale,
federal or local permits, approvals or authorizations that may be required.
This Letter of Refinement shall be attached to the original of CAMA Permit No.
102-06, which was issued on 6/8/06, and both documents shall be readily available
on site when a DCM representative inspects the project for compliance.
4. All conditions and stipulations of the active permit remain in force under this Letter
of Refinement unless altered herein.
Please contact Cathy Brittingham at [phone] x238 if you have any questions or concerns.
Sincerely,
Doug Huggett

Major Permits and Consistency Coordinator
Cc: Tyler Stanton, NCDOT
Bill Biddlecome, USACE
Brian Wrenn, NCDWQ
Alan Jeffreys, DPR
3-:?640 C:AMA FERMIT 10'2-06
r
Subject: B-3640 CAMA PERMIT 102-06
From: "Tyler P. Stanton" <[e-mail]>
Date: Thu, 17 Aug 2006 07:09:23 -0400
To: Cathy Brittingham <[e-mail]>
Cathy,
This a follow-up to our phone conversation on Wednesday Aug. 9,
2006 regarding Condition No. 27 on the CAMA Major Development
Permit (102-06) for TIP B-3640 in Gates County. As we discussed,
grubbing will occur in the areas permitted as mechanized
clearing. There will be 0.069-acre of mechanized clearing
adjacent to the bridge approaches to facilitate safety and
maintenance activities. Grubbing will not occur were mechanized
clearing is not permitted.
Thank you for your time and assistance on this project,
Tyler
Tyler Stanton, Biologist
North Carolina Department of Transportation
PDEA, Natural Environment Unit
1598 Mail Service Center
Raleigh, NC 27699-1598
voice: [phone] fax: [phone]
of 1 8/23/2006 12:24 PM
i5-3b4U UAN1A rermit Uonaiton L
Subject: B-3640 CAMA Permit Conditon 2
From: "Tyler P. Stanton" <tstanton @dot. state.nc.us>
Date: Wed, 23 Aug 2006 12:10:34 -0400
To: Cathy Brittingham <[e-mail]>
Cathy,
As you are aware, Condition 2 of the CAMA Major Development Permit (102-06) for TIP B-3640 in
Gates County states: Prior to the initiation of construction, the permittee shall work with DPR to
develop a method to gain access to the control structure for maintenance of the fish ladder and for
opening the control gates for maintenance. Construction shall not commence until the N.C. Division of
Coastal Management (DCM) receives written documentation from DPR that their concerns have been
adequately addressed. If this additional coordination results in a project modification, then additional
authorization may be required from DCM. Attached are email approvals from the DPR Project
Engineer, Alan Jeffreys and the Merchants Millpond State Park Superintendent, Jay Greenwood to the
plan revisions for the Spillway and Fish Ladder. The revisions include platforms that will be attached to
the spillway for access to the sluice gates. These revisions will not result in additional impacts to the
AEC. A pdf version of the plans will be sent to you via FTS for your review. Please let me know if you
have any questions, and again, thank you for your time and assistance on this project,
Tyler
Tyler Stanton, Biologist
North Carolina Department of Transportation
PDEA, Natural Environment Unit
1598 Mail Service Center
Raleigh, NC 27699-1598
voice: [phone] fax: [phone]
Subject: RE: Merchants Mill Pond - Boat Deck Details
From: jay greenwood <j ay. greenwood@ ncmail.net>
Date: Tue, 22 Aug 2006 18:29:13 -0400 (EDT)
To: [e-mail], rstroup @dot. state.nc.us, [e-mail],
[e-mail], [e-mail], [e-mail],
[e-mail], gcail @dot. state.nc.us, tstanton @dot. state.nc.us, [e-mail],
[e-mail]
CC: <[e-mail]>
Looks good to me.
Jay Greenwood
Merchants Millpond State Park
of 2 8123/2006 12:23 PM
0-3041J %_,-UVltl rC11111L %_011U1LUI1 G
Subject: Re: Merchants Mill Pond - Boat Deck Details
From: Alan Jeffreys <[e-mail]>
Date: Mon, 21 Aug 2006 16:32:33 -0400
To: "Mann, Jeff" <[e-mail]>
CC: "Robert Stroup, PE" <[e-mail]>, "Scott Blevins, PE" <sblevins @dot. state.nc. us>,
"Clayton F. Walston" <[e-mail]>, "R. D. Odell, PE" <[e-mail]>,
[e-mail], Lonnie Brooks <[e-mail]>, "W. G. (Galen) Cail"
<gcail @dot. state.nc.us>, "Tyler P. Stanton" <tstanton @dot. state.nc.us>, Jay Greenwood
<[e-mail]>, "Tami Idol, El" <[e-mail]>, "Tice, Al"
<JATICE @ mactec.com>
Jeff: The plans look great to us. Lets get it under construction.
Mann, Jeff wrote:
To All:
I sent these revised drawings over the weekend, but I started getting concerned that I had not received any
replies or comments today. So, I am resending these drawings. If you already received these documents, I
apologize for clogging your inbox.
Attached are the revised drawings for the spillway and the sluice gate platforms. I still have one item to
address, regarding the rip rap downstream of the spillway, which arose on Friday.
Please let me know if you have any questions or comments.
Thanks
Jeffrey A. Mann, P.E.
Principal Engineer
MACTEC Engineering and Consulting, Inc.
3301 Atlantic Avenue
Raleigh, North Carolina 27604
[phone] direct
[phone] fax
[phone] mobile
RE: Merchants Mill Pond - Boat Deck Details.eml Content-Type: message/rfc822
'Re: Merchants Mill Pond - Boat Deck Details.eml Content-Type: message/rfc822
It
of 2 8/23/2006 12:23 PM
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STATE OF NORTH CAROLINA Ney
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY LYNDO TIPPETT
GOVERNOR SECRETARY
June 14, 2005
Mr. William D. Gilmore, P.E., Director
Ecosystem Enhancement Program
1652 Mail Service Center
Raleigh, NC 27699-1652
Dear Sir:
Subject: Proposed replacement of Bridge No. 16 over Merchants Millpond on SR 1400, in Gates
County.. Federal Aid Project No. BRZ-1400(4), State Project No. 8.2060201, TIP No.
B-3640.
The purpose of this .letter is to. request that the North Carolina Ecosystem Enhancement Program (EEP)
grant confirmation that you are willing to provide compensatory mitigation for the projecf in- accordance
with the Memorandum of Agreement (MOA) signed July 22, 2003 by the USACE,'the NCDENR and the
NCDOT.
NCDOT proposes to replace existing Bridge No. 16 over Merchants Millpond (DWQ Index # 25-17,
Class "C" "NSW'), a warm water stream, on SR 1400 in Gates County. The project involves replacing
the bridge at the existing location using an off-site detour.
RESOURCES UNDER THE JURISDICTION OF SECTION 404 AND 401 OF THE
CLEAN WATER ACT.
We have avoided and minimized the impacts to jurisdictional resources to the greatest extent possible as
described in the permit application. The remaining impacts to jurisdictional resources will be
compensated for by mitigation provided by the EEP program. We estimate that permanent wetland
impacts associated with the bridge replacement will be 0.12 acre.
The project is located in the Coastal Physiographic Province (Northern Outer Coastal Plain EEP
Ecoregion) in Gates County, in the Chowan River basin, Hydrological Cataloguing Unit 03010203. We
propose to provide compensatory mitigation for the riverine wetland impacts by using the EEP for the
0.12 acre of impacts.
Please send the letter of confirmation to Mr. Bill Biddlecome (USACE Coordinator) at U. S. Army Corps
of Engineers Washington Regulatory Field Office, P.O. Box 1000, Washington, NC 27889-1000. Mr.
Biddlecome's FAX number is [phone]. The current let date for the project is March 21, 2006 for
which the let review date is January 31, 2006.
In order to satisfy regulatory assurances that mitigation will be performed; the NCDWQ requires a
formal letter from EEP indicating their willingness and ability to provide the mitigation work requested
r
by NCDOT. The NCDOT requests such a letter of confirmation be addressed to Mr. John Hennessy of
NCDWQ, with copies submitted to NCDOT.
If you have any questions or need additional information, please contact Tyler Stanton at
[e-mail] or [phone].
Sincerely,
Gregory J. Thorpe, Ph.D.,
Environmental Management Director
Project Development & Environmental Analysis Branch
cc: Mr. John Hennessy, NCDWQ
v/%. Nicole Thomson, NCDWQ
Mr. Bill Biddlecome, USACE
Ms. Linda Fitzpatrick, NCDOT Natural Environment Unit .
Mr. Omar S. Sultan, NCDOT, Program Management
Ms. Laurie P. Smith, CPA, NCDOT, Program Management

STATE OF NORTH CAROLINA
?r?NO q??, ?, ? J?0
Ne? ?RWq?iY
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY LYNDO TIPPETT
GOVERNOR
September 10, 2007
U.S. Army Corps of Engineers
Regulatory Field Office
Post Office Box 1000
Washington, N.C. 27889-1000
Attention: Bill Biddlecome and Garcy Ward
SECRETARY
6C?oa?3 v. ?
Subject: Permit modification request for the construction of a rip-rap weir at Bridge # 16 (Merchants Mill
Pond) in Gates County.
(COE action id. 200610572, DWQ NW 23 conditions)
The North Carolina Department of Transportation is requesting a permit modification to COE GP
23 permit # 200610572, Division of Water Quality Certification (NW 23 conditions) to authorize the
construction of a rip-rap weir. The rip-rap weir construction has been initiated at the request of the USFWS
biologist Mike Wicker and Merchants Mill Pond State Park. The fish ladder will have greater success if a
weir is put in place that directs the migrating fish to the entrance of the fish ladder. The weir will be
constructed of rip-rap that weights from 200-7001bs. It will be approximately 6 ft. at the base and 2-3 ft. in
height depending on the water depth. The weir will create a "V" shape that fiumels the migrating fish to the
entrance of the fish ladder. The weir will extend from the fish ladder to the rip-rap roadway shoulder as
depicted in the provided drawing. The footprint of the weir will impact approximately 540 sq. ft. of surface
water that was previously listed as temporary surface water impact. This material will be placed using an
excavator bucket. This work area is within the temporary sheet pile contained area; therefore any turbidity
resulting from the rip-rap placement will be contained.
If any additional information or clarification of the request is needed, please call Clay Willis at
252-482-7977. Thanks for your efforts in this matter.
Sincerely,
Jerry Jennings, P.E.
Division Engineer
Clay Willis `
Division Enviro ental Officer
Cc: Garcy Ward, DWQ
Sonja Gregory, DWQ
Bob Capehart, P.E. NCDOT
113 Airport Dr., Suite 100, Edenton, NC 27932 - Phone: [phone] Fax: [phone]
N
5 10 Miles
I i I
Bridge # 16 Merchants Mill Pond
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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION ??ro?gr a
MICHAEL F. EASLEY LODO TIPPETT
GOVERNOR SECRETARY
January 9, 2006
Mr. William D. Gilmore, P.E., Director
NC Ecosystem Enhancement Program
1652 Mail Service Center
Raleigh, NC 27699-1652
Dear Sir:
Subject: Revision to Prior Request of Mitigation for the Proposed replacement of Bridge No.
16 over Merchants Millpond on SR 1400, in Gates County. Federal Aid Project No.
BRZ-1400(4), State Project No. 8.2060201, TIP No. B-3640.
Please reference our previous request for compensatory mitigation dated June 14, 2005 and the EEP
Acceptance Letter dated July 19, 2005. Due to a change in design, the NCDOT has increased permanent
impacts from the 0.12 acre of wetlands impacts previously requested, to 0.19 acre. Please provide
NCDOT confirmation that the EEP is willing to provide compensatory mitigation for the additional 0.07
acre of impacts to riverine wetlands.
Please send the revised letter of confirmation to Mr. Bill Biddlecome (USACE Coordinator) at U. S.
Army Corps of Engineers Washington Regulatory Field Office, P.O. Box 1000, Washington, NC 27889-
1000. Mr. Biddlecome's FAX number is [phone]. The current let date for the project is July 18,
2006, for which the let review date is May 30, 2006.
In order to satisfy regulatory assurances that mitigation will be performed; the NCDWQ requires a
formal letter from EEP indicating their willingness and ability to provide the mitigation work requested
by NCDOT. The NCDOT requests such a letter of confirmation be addressed to Mr. John Hennessy of
NCDWQ, with copies submitted to NCDOT.
MAILING ADDRESS:
NC DEPARTMENT OF TRANSPORTATION
PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS
1598 MAIL SERVICE CENTER
RALEIGH NC 27699-1598
TELEPHONE: [phone]
FAX: [phone]
WEBSITE: WWW.DOH.DOT.STATE.NC.US
LOCATION:
TRANSPORTATION BUILDING
1 SOUTH WILMINGTON STREET
RALEIGH NC
If you have any questions or need additional information, please contact Tyler Stanton at
[e-mail] or [phone].
Sincerely,
6'?4z ?t
Gregory J. Thorpe, Ph.D.,
Environmental Management Director
Project Development & Environmental Analysis Branch
Cc: V<r. John Hennessy, NCDWQ
Ms. Nicole Thompson, NCDWQ
Ms. Bill Biddlecome, USACE
Ms. Linda Fitzpatrick, NCDOT Natural Environment Unit
Mr. Majed Alghandour, NCDOT Project Management/Scheduling Unit
Mr. Todd Jones, NCDOT External Audit Branch
File B-3640
s,.a SfATEp
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY
GOVERNOR
November 27, 2006
N. C. Dept. of Environment and Natural Resources
Division of Coastal Management
1367 U. S. Highway 17
Elizabeth City, NC 27909
Attention: Ms. Kimberly Hedrick
Dear Madam:
O(e() z83
C
LYNDO TIPPETT
SECRETARY
AFC
8
2006
?NDSgN° T?RM?q?E?'Y
RB *Cy
Subject: CAMA Major Development Permit Modification Request for the proposed
replacement of Bridge No. 16 over Merchants Millpond on SR 1400, in Gates County.
Federal Aid Project No. BRZ-1400(4), State Project No. 8.2060201, TIP No. B-3640,
Debit WBS 33188.1.1 $100.
Reference: CAMA Permit # 102-06 dated June 8, 2006
As stated in the original application, the North Carolina Department of Transportation (NCDOT)
proposes to replace existing Bridge No. 16 on SR 1400 over Merchants Millpond in Gates County. Since
the CAMA Permit was issued, NCDOT has modified its plan to include temporary sheet pile to enhance
construction of the dam/spillway and fish ladder. Therefore, in addition to the permitted permanent
impacts, there will be temporary stream and surface water impacts.
To facilitate and expedite the construction of the proposed spillway/dam and fish ladder, the NCDOT
proposes to use sheet-pile downstream to prevent back-flow into the project area so that it may remain
dry during construction. The method of sheet pile installation will most likely be vibro-hammer but
possibly pile driving (it will not be jetted) via crane from the existing causeway. The dimensions of the
sheet pile will be 140' L x 6' H. The sheet pile will remain in place for approximately 12 months and
result in 63 ft of temporary stream impacts and 0.14 acre of temporary surface water impacts.
Consequently, installation of sheet piles will dispense the need for an anadromous fish moratorium based
on personal communication with the North Carolina Wildlife Resources Commission. NCDOT also
requests modification of Condition #29 to eliminate the requirement to use turbidity curtains, which
would not be necessary since the project area will be de-watered. In addition, NCDOT requests
modification to Condition #25, which states the depth the water in the pond will be lowered 6 inches for
one month; NCDOT has determined the water depth should be lowered approximately 12 inches until the
project has completed.
MAILING ADDRESS: LOCATION:
NC DEPARTMENT OF TRANSPORTATION - TELEPHONE: [phone] CAPITAL BLVD.
PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS FAX: [phone] PARKER LINCOLN BUILDING, SUITE 168
1598 MAIL SERVICE CENTER WEBSITE' WWW.NCDOT.ORG RALEIGH NC 27604
RALEIGH NC 27699-1598
NCDOT requests that the referenced CAMA Major Development Permit be modified to reflect the
revisions outlined in this letter. If you have any questions or need additional information please contact
Tyler Stanton at [phone] or [e-mail].
Sincerely,
Gregory J. Thorpe, Ph.D.
Environmental Management Director, PDEA
Cc W/o attachment:
Mr. John Hennessy, NCDWQ
Dr. David Chang, PE, Hydraulics
Mr. Greg Perfetti, PE, Structure Design
Mr. Mark Staley, Roadside Environmental
Mr. Anthony Roper, PE, Division 1 Engineer
Mr. Clay Willis, Division 1 Environmental Officer
Mr. Scott McLendon, USAGE, Wilmington
Mr. Jay Bennett, PE, Roadway Design
Mr. Majed Alghandour, PE, Programming and TIP.
Mr. Art McMillan, PE, Highway Design
Ms. Stacy Baldwin, PE, PDEA
NCDOT TIP B-3640 Page 2 of 2
?0 4
RCDENRl?hosNR
North Carolina Department of Environment and Natural ResourceNS11,1 T14
Division of Coastal Management o?' 1%al
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
e'
MEMORANDUM
TO: Sara Winslow, N.C. Division of Marine Fisheries
Travis Wilson, N.C. Wildlife Resources Commission-
Bill Biddlecome, U.S. Army Corps of Engineers
Garcy Ward, N.C. Division of Water Quality - 401/Wetlands Unit
David Wainwright, N.C. Division of Water Quality - 401/Wetlands Unit
Alan Jeffreys, N.C. Division of Parks and Recreation
CC: Kim Hedrick, Field Representative
FROM: Cathy Brittingham, Transportation Project Coordinator
DATE: December 7, 2006
SUBJECT: Request for a Minor Modification of CAMA Major Permit No. 102-06 to
replace Bridge No. 16 over Merchants Millpond on SR 1400, Gates County.
APPLICANT: N.C. Department of Transportation
Please indicate below your agency's position or viewpoint on the proposed permit modification and
return this form to the N.C. Division of Coastal Management, Raleigh Office at 1638 Mail Service
Center, Raleigh, NC 27699-1638 before December 28, 2006. If you have any questions regarding the
proposed project, please contact Cathy Brittingham at [phone] x238 or Kim Hedrick at (252)
264-3901. When appropriate, in-depth comments with supporting data are requested.
REPLY
_ This agency has no objection to the project as proposed.
- This agency has no comment on the proposed project.
This agency approves of the project, only if the recommended changes are
incorporated. See attached.
- This agency objects to the project for reasons described in the attached memo.
Signed Date
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone] \ FAX: [phone]\ Internet: www.nccoastaimanagement.net
An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \ 10% Post Consumer Paper
a,,..SWE o
r.2
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY
GOVERNOR
LYNDO TIPPETT
SECRETARY
November 27, 2006
N. C. Dept. of Environment and Natural Resources r-tECEIVED
Division of Coastal Management
1367 U. S. Highway 17??
Elizabeth City, NC 27909 DEC 0
Attention: Ms. Kimberly Hedrick
011 1. OF (.',0p T L VMA NF??:3EWIEN ,
Dear Madam:
Subject: CAMA Major Development Permit Modification Request for the proposed
replacement of Bridge No. 16 over Merchants Millpond on SR 1400, in Gates County.
Federal Aid Project No. BRZ-1400(4), State Project No. 8.2060201, TIP No. B-3640,
Debit WBS 33188.1.1 $100.
Reference: CAMA Permit # 102-06 dated June 8, 2006
As stated in the original application, the North Carolina Department of Transportation (NCDOT)
proposes to replace existing Bridge No. 16 on SR 1400 over Merchants Millpond in Gates County. Since
the CAMA Permit was issued, NCDOT has modified its plan to include temporary sheet pile to enhance
construction of the dam/spillway and fish ladder. Therefore, in addition to the permitted permanent
impacts, there will be temporary stream and surface water impacts.
To facilitate and expedite the construction of the proposed spillway/dam and fish ladder, the NCDOT
proposes to use sheet-pile downstream to prevent back-flow into the project area so that it may remain
dry during construction. The method of sheet pile installation will most likely be vibro-hammer but
possibly pile driving (it will not be jetted) via crane from the existing causeway. The dimensions of the
sheet pile will be 140' L x 6'H. The sheet pile will remain in place for approximately 12 months and
result in 63 ft of temporary stream impacts and 0.14 acre of temporary surface water impacts.
Consequently, installation of sheet piles will dispense the need for an anadromous fish moratorium based
on personal communication with the North Carolina Wildlife Resources Commission. NCDOT also
requests modification of Condition #29 to eliminate the requirement to use turbidity curtains, which
would not be necessary since the project area will be de-watered. In addition, NCDOT requests
modification to Condition #25, which states the depth the water in the pond will be lowered 6 inches for
one month; NCDOT has determined the water depth should be lowered approximately 12 inches until the
project has completed.
MAILING ADDRESS: LOCATION:
NC DEPARTMENT OF TRANSPORTATION TELEPHONE: [phone] CAPITAL BLVD.
PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS FAX: [phone] PARKER LINCOLN BUILDING, SUITE 168
1598 MAIL SERVICE CENTER WEBSIrE: WWW.NCDOT.ORG RALEIGH NC 27604
RALEIGH NC 27699-1598
NCDOT requests that the referenced CAMA Major Development Permit be modified to reflect the
revisions outlined in this letter. If you have any questions or need additional information please contact
Tyler Stanton at [phone] or [e-mail].
Sincerely,
r ,
?e Gregory J. Thorpe, Ph.D.
Environmental Management Director, PDEA
Cc W/o attachment:
Mr. John Hennessy, NCDWQ
Dr. David Chang, PE, Hydraulics
Mr. Greg Perfetti, PE, Structure Design
Mr. Mark Staley, Roadside Environmental
Mr. Anthony Roper, PE, Division 1 Engineer
Mr. Clay Willis, Division 1 Environmental Officer
Mr. Scott McLendon, USACE, Wilmington
Mr. Jay Bennett, PE, Roadway Design
Mr. Maied Alghandour, PE, Programming and TIP
Mr. Art McMillan, PE, Highway Design
Ms. Stacy Baldwin, PE, PDEA
NCDOT TIP B-3640 Page 2 of 2
RECEIVEDN
ORTH CAROLINA GATES
OCT 19 2006 COUNTY
01V. OF COASTAL MANAGEM N 'l
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NCD®T
DIVISION _,OF HIGH`WAYS
VICINITY GATES COUNTY
PROJECT: 33188.11. (B-3640)
MAPS SR 1400 MILL POND ROAD
FROM: EAST OF EASTMAINS
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
May 5, 2006
MEMORANDUM:
TO:
FROM:
SUBJECT:
Applicant:
Cyndi Karoly
Environmental Biological Supervisor
Division of Water Quality
Doug Huggett
Major Permits Processing Coordinator
P@r=0WIEF0
MAY 8 2006
DENR - WATER QUALln-
n ANDSAND STOWW, TER BRAT H
CAMA/DREDGE & FILL Permit Application Review
NC Department of Transportation
Project Location: Bridge #16 over Merchants Millpond, SR 1400, near Gatesville
Proposed Project: Improved roadway, new bridge, dam and spillway with fish ladder
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by OS Cathya Brittingham;.163g. Mait`Ser? ice, Cciitcr; RalcighznNC F 769)??IG.38.
The permit applicant also submitted a Categorical Exclusion dated 10/28/04 with the permit
application package. Please contact Cathy Brittingham at [phone], Ext. 238, if you would
like to receive a copy of the Categorical Exclusion. If you have any questions regarding the
proposed project, please contact Wanda Gooden at [phone]. When appropriate, in-depth
comments with supporting data are requested.
REPLY: be This agency has no objection to the project as proposed. Ft ie? ?s
This agency has no comment on the proposed project.
23.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
SIGNED DATE /
1367 U.S. tl"South, Elizabeth City, North Carolina 27909
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer - 30% Recycled by Fiber Weight

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Permit Class Permit Number
NEW 102-06
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources & C)
and C?
Coasta
1
"W461 " l Resources Commission C-1
1permtt ?L
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to N.C. Department of Transportation, 1548 Mail Service Center, Raleigh, NC 27699-1548
Authorizing development in Gates County at Merchants Millpond and Bennetts Creek,
Bridge No. 16 on SR 1400 , as requested in the permittee's application dated 3/16/06 (MP-1) and
5/2/06 (MP-5), including the attached workplan drawings (8): 5 dated as received on 2/23/06; 3 dated 10/21/05.
This permit, issued on 6/8/06 is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
TIP No. B-3640, Replacement of Bridge, Dam and Spillway
1) Any development activity that has not received approval from the N.C. Division of Parks and
Recreation (DPR) for work within Merchants Millpond State Park is not authorized.
2) Prior to the initiation of construction, the permittee shall work with DPR to develop a method to gain
access to the control structure for maintenance of the fish ladder and for opening the control gates for
maintenance. Construction shall not commence until the N.C. Division of Coastal Management
(DCM) receives written documentation from DPR that their concerns have been adequately
addressed. If this additional coordination results in a project modification, then additional
authorization may be required from DCM.
NOTE: Merchants Millpond State Park is a designated State Significant Natural Heritage Area.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.
This permit must be accessible on-site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
(( ti ' ??Z
Charles S. Jo 's, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
No expiration date, pursuant to GS 136-44.7B
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
Signature of Permittee
N.C. Department of Transportation
ADDITIONAL CONDITIONS
Permit #102-06
Page 2 of 5
3) In order to protect anadromous fisheries resources in Bennetts Creek and Merchants Millpond, no in-
water work shall be conducted between February 15th to June 30th of any year without prior approval of
DCM, in consultation with the N.C. Wildlife Resources Commission. For the purposes of this
moratorium, in-water is defined as those areas that are inundated at normal water level, including the
waters or contiguous inundated wetlands of Bennetts Creek and Merchants Millpond.
4) The permittee shall implement the N.C. Department of Transportation's (NCDOT's) Stream Crossing
Guidelines for Anadromous Fish Passage.
5) No non-native species shall be planted without prior approval of DPR.
6) Unless specifically altered herein, any mitigative measures or environmental commitments specifically
made by the permittee in the CAMA permit application and/or the Categorical Exclusion document
dated 10/28/04 shall be implemented, regardless of whether or not such commitments are addressed by
individual conditions of this permit.
7) All excavated materials shall be confined above normal water level and landward of reizularly or
irregularly flooded wetlands behind adequate dikes or other retaining structures to prevent spillover of
solids into any wetlands or surrounding waters.
8) The temporary placement and double handling of any excavated or fill material within waters or
vegetated wetlands is not authorized. This condition applies to the entire project, including removal of
the existing bridge, dam, spillway, roadway asphalt and associated materials.
9) No excavation shall take place at any time in any vegetated wetlands or surrounding waters outside of
the alignment of the areas indicated on the attached workplan drawing(s), without permit modification.
10) No excavated or fill material shall be placed at any time in any vegetated wetlands or surrounding
waters outside of the alignment of the fill area(s) as indicated on the attached workplan drawing(s),
without permit modification.
11) All fill material shall be clean and free of any pollutants except in trace quantities.
12) Live concrete shall not be allowed to contact the water in or entering into Bennetts Creek and Merchants
Millpond, or the adjacent wetlands. -
13) All fill material shall be obtained from an upland source.
14) The bridge shall be constructed using top down construction methodologies. Any other construction
method may require additional authorization. The permittee shall contact DCM to obtain such approval.
15) All construction access shall be through use of the existing bridge. Use of mats for construction access
across wetlands shall require additional authorization from DCM.
16) Unless specifically altered herein, NCDOT's document "Best Management Practices for Bridge
Demolition and Removal" (final 9/20/99) shall be followed during both demolition and construction
activities.
N.C. Department of Transportation Permit #102-06
Page 3 of 5
ADDITIONAL CONDITIONS
17) The existing dam and spillway and pilings from the existing bridge, as well as any remnant pilings from
previous bridges, shall be removed in their entirety. In the event that a piling breaks during removal
and cannot be removed in its entirety, the piling may be cut off flush with the bed of the water body only
if prior approval is received from DCM.
18) The steel sheet pile of the new spillway structure shall be installed by driving. Should the permittee
determine that another type of installation is preferred, additional authorization from DCM shall be
required.
19) The pile installation practice for the bridge and fish ladder shall be accomplished using pile driving.
Should the permittee determine that another type of pile installation, such as jetting or drilled shaft
construction, is preferred, additional authorization from DCM shall be required.
20) Debris resulting from removal of the existing bridge, dam, spillway, roadway asphalt and associated
materials, shall not enter wetlands or waters of the State, even temporarily.
21) All materials and debris associated with the removal and/or construction of the existing and/or new
bridge, existing and/or new dam and spillway, and related structures and associated materials shall be
disposed of at an approved upland site or shall be recycled in an environmentally appropriate manner
provided appropriate authorizations from any relevant state, federal, or local authorities are obtained.
22) Bridge deck drains shall not be located over surface waters.
23) The filter fabric associated with the authorized riprap shall be in place prior to the placement of the
riprap.
24) The placement of riprap shall be limited to the areas as depicted on the attached workplan drawing(s).
The riprap material shall be clean and free from loose dirt or any pollutant except in trace quantities.
The riprap material shall consist of clean rock or masonry materials such as, but not limited to, granite,
marl or broken concrete.
Impacts to Waters of the State and Mitigation
NOTE: This project will permanently impact approximately 0.19 acres of riverine wetlands (0.10 acres
due to fill, 0.02 acres due to excavation and 0.069 acres due to mechanized clearing). This
project will permanently impact approximately 0.17 acres of surface waters.
25) The permittee estimates that the water level of Merchants Millpond will be reduced by 6 inches for
approximately one month due to construction of the spillway and dam. No additional temporary
impacts to wetlands or waters of the State are authorized by this permit without prior approval from
DCM.
26) There shall be no clearing of wetlands outside of the area(s) indicated on the attached workplan
drawing(s) without prior approval from DCM.
27) Wetland areas to be cleared shall not be grubbed.
N.C. Department of Transportation Permit #102-06
Page 4of5
ADDITIONAL CONDITIONS
NOTE: The permittee is strongly encouraged to minimize the need to cut mature trees within the clearing
limits to the maximum extent practicable.
28) Compensatory mitigation for 0.19 acres of riverine wetland impacts associated with the proposed project
shall be provided in accordance with the letter dated 1/31/06 from the Ecosystem Enhancement Program
(EEP), and in accordance with the "Tri-Party" Memorandum of Agreement (MOA) entered into on
7/22/03 by the NC Department of Environment and Natural Resources (NCDENR), NCDOT, and the
United States Army Corps of Engineers (USACE), Wilmington District, and in accordance with the
"Two-Party" MOA entered into on 4/12/04 by NCDENR and NCDOT.
Sedimentation and Erosion Control
29) Turbidity curtains and silt fences shall be used to isolate the work areas associated with the bridge
replacement from Merchants Millpond and Bennetts Creek, including pile installation and removal,
excavation or filling. The turbidity curtains shall be installed parallel to the banks on each side of the
pond and creek. The turbidity curtains shall extend past the construction limits and be attached to the
silt fences containing the work site. The turbidity curtains shall not fully encircle the work area or
extend across Merchants Millpond or Bennetts Creek. The turbidity curtains shall be properly
maintained and retained in the water until construction is complete and all of the work area contained by
the turbidity curtains has been stabilized by vegetation or other means. The turbidity curtains shall be
removed when turbidity within the curtains reaches ambient levels.
30) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses and properties (e.g. silt fence,
diversion swales or berms, etc.).
31) This project shall conform to all requirements of the N.C. Sedimentation Pollution Control Act and
NCDOT's Memorandum of Agreement with the Division.of Land Resources.
32) The permittee shall follow "Best Management Practices for the Protection of Surface Waters".
33) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
Stormwater Management
34) The N.C. Division of Water Quality (DWQ) approved this project under stormwater management rules
of the Environmental Management Commission under Stormwater Permit No. SW7050913. Any
violation of the permit approved by DWQ shall be considered a violation of this CAMA permit.
General
35) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable
waters at or adjacent to the authorized work.
N.C..Department of Transportation Permit #102-06
Page 5 of 5
ADDITIONAL CONDITIONS
36) Due to projected usage, the project area may affect existing potable water distribution and/or service
lines in the area. Therefore, prior to initiation of construction the permittee and/or its contractor shall
contact the Gates County Water Department to arrange a site visit to confirm any water line locations.
37) Plans and specifications for any new or relocated water distribution lines shall be prepared by a
professional engineer registered to practice in North Carolina for approval by the Plan Review Unit of
the N.C. Division of Environmental Health, Public Water Supply Section.
38)' Any relocation of utility lines that is not specifically depicted on the attached workplan drawing(s), or
described within the attached permit application, shall require approval from DCM, either under the
authority of this permit, or by the utility company obtaining separate authorization.
39) If it is determined that additional permanent and/or temporary impacts (such as but not limited to
temporary access roads, detours, or matting to transport equipment across wetlands) are necessary that
are not shown on the attached workplan drawing(s), a permit modification and/or additional
authorization from DCM shall be required. In addition, any changes in the approved plan may also
require a permit modification and/or additional authorization from DCM. The permittee shall contact a
representative of DCM prior to commencement of any such activity for this determination and any
permit modification.
40) Development authorized by this permit shall only be conducted within NCDOT Right-of-Ways and/or
easements.
41) The N.C. Division of Water Quality (DWQ) authorized the proposed project on 2/22/06 (DWQ Project
No. 06-0283) under General Water Quality Certification No. 3403. Any violation of the Certification
approved by DWQ shall be considered a violation of this CAMA permit.
NOTE: This permit does not eliminate the need to obtain any additional permits, approvals or
authorizations that may be required.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under Nationwide Permit
Number 23 (COE Action ID No. 200610572), which was issued on 3/29/06.

?e .Mme
MICHAEL F. EASLEY
GOVERNOR
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
LYNDO TIPPETT
SECRETARY
September 21, 2006
U. S. Army Corps of Engineers
Regulatory Field Office
Post Office Box 1000
Washington, NC 27889-1000
?C?a2b3v. Z
Attention: Mr. William J. Biddlecome
NCDOT Coordinator
Dear Sir:
Subject: Nationwide 33 Permit Application and Nationwide 23 Permit Modification
Request for the proposed replacement of Bridge No. 16 over Merchants
c? Millpond on SR 1400, in Gates County. Federal Aid Project No. BRZ-1400(4),
?J State Project No. 8.2060201, WBS 33188.1.1, TIP No. B-3640.
Reference: Action ID No. 200610572, NWP 23 issued March 29, 2006
Please find enclosed revised permit drawings and a Pre-Construction Notification for the above
referenced project. As stated in the original application, the North Carolina Department of
Transportation (NCDOT) proposes to replace existing Bridge No. 16 on SR 1400 over Merchants
Millpond in Gates County. In addition to the permitted permanent impacts there will temporary
stream and surface water impacts to facilitate construction of the dam/spillway and fish ladder.
Impacts to Waters of the United States
General Description: The project is located in the Chowan River Basin (Hydrologic Unit
03010203). A best usage classification of "C NSW" has been assigned to Merchants Millpond
(Bennetts Creek) [DWQ Index # 25-17]. Neither High Quality Waters (HQW), Water Supplies
(WS-I: undeveloped watersheds or WS-II: predominately undeveloped watersheds), listed
Section 303(d) impairments, nor Outstanding Resource Waters (ORW) occur within 1.0 mile (1.6
km) of project study area. Neither Merchants Millpond nor Bennetts Creek is designated as a
North Carolina Natural or Scenic River, or as a national Wild and Scenic River.
Permanent Impacts: The permitted impacts to jurisdictional wetlands have not changed (0.10-
acre of fill, 0.07-acre of mechanized clearing, and 0.02-acre of excavation). However, a hydraulic
review of the quantity of rip-rap to be placed at the base of the proposed dam/spillway has been
reduced, resulting in a total of 0.14-acre of surface water impacts.
Temporary Impacts: To facilitate and expedite the construction of the proposed spillway/dam and
fish ladder, the NCDOT proposes to use sheet-pile downstream to prevent back-flow into the
MAILING ADDRESS: TELEPHONE: [phone] LOCATION:
NC DEPARTMENT OF TRANSPORTATION FAX: [phone] TRANSPORTATION BUILDING
PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 1 SOUTH WILMINGTON STREET
1548 MAIL SERVICE CENTER WEBSITE: WWW.NCDOT.ORG RALEIGH NC
RALEIGH NC 27699-1548
project area so that it may remain dry during construction. This will result in 63 ft of temporary
stream impacts and 0.14-acre of temporary surface water impacts (see permit drawings).
Utility Impacts: As stated in the original application, no impacts to jurisdictional resources will
occur due to the relocation of utilities in the project area. All utility work will be conducted in
upland areas and existing road fill.
Bridge Demolition
The existing bridge consists of a timber deck on timber joists with an asphalt-wearing surface.
The substructure is a timber abutment design; the interior bents consist of timber caps on timber
piles. The spillway for the millpond is a timber structure that is adjacent to the existing bridge.
The bridge can be removed without dropping components into Waters of the United States
during construction. Best Management Practices for Bridge Demolition and Removal will be
followed to avoid any temporary fill from entering Waters of the United States.
Federally Protected Species
As of April 27, 2006 the US Fish and Wildlife Service (USFWS) lists two federally protected
species for Gates County. A biological conclusion of "no effect" remains valid for the red-
cockaded woodpecker due to lack of suitable habitat. A biological conclusion is not required for
the American alligator due to its designation of Threatened (due to similarity of appearance). No
species have been added or deleted from the list since the completion of the CE (October 28,
2004).
Avoidance and Minimization
Avoidance examines all appropriate and practicable possibilities of averting impacts to "Waters
of the United States". Due to the presence of surface waters and wetlands within the project
study area, avoidance of all impacts is not possible. The NCDOT is committed to incorporating
all reasonable and practicable design features to avoid and minimize jurisdictional impacts.
Minimization measures were incorporated as part of the project design these included:
• Use of an off-site detour during construction.
• Construction of a 29-foot longer bridge
• Construction of a fish ladder for anadromous fish passage
• Best Management Practices will also be utilized during demolition of the existing
bridge and construction of the new bridge.
• Installation of sheet piles will dispense the need for an Anadromous Fish Moratorium
based on personal communication with NCWRC.
Mitigation
No additional mitigation is proposed for this project.
Regulatory Approvals
Section 404 Permit: It is anticipated that the temporary dewatering and sheet-pile installation will
be authorized under Section 404 Nationwide Permit 33 (Temporary Construction Access and
Dewatering). We are, therefore, requesting the issuance of a Nationwide Permit 33 authorizing
the temporary work. All other aspects of this project are being processed by the Federal
Highway Administration as a "Categorical Exclusion" in accordance with 23 CFR 771.115(b).
NCDOT TIP B-3640 Page 2 of 3
The NCDOT requests that these activities be authorized by a Nationwide Permit 23 (FR number
10, pages 2020-2095, January 15, 2002).
Section 401 Certification: We anticipate 401 General Water Quality Certification numbers 3403
and 3366 will apply to this project. All general conditions of the Water Quality Certifications
will be met. Therefore, in accordance with 15A NCAC 2H, Section .0500(a) and 15A NCAC
2B.0200, we are providing copies of this application to the North Carolina Department of
Environmental and Natural Resources, Division of Water Quality for their review.
CAMA: NCDOT has applied for the issuance of a CAMA Major Development Permit
Modification from NCDCM under separate cover.
A copy of this application will be posted on the NCDOT website at:
http://www.doh.dot state nc us/preconstruct/pe/neu/nennit html
Thank you for your time and assistance with this project. Please contact Mr. Tyler Stanton at
[e-mail] or [phone] if you have any questions or need additional
information.
Sincerely
w
f, - ??
Gregory J. Thorpe, Ph.D.
Environmental Management Director, PDEA
Cc W/attachment:
Mr. John Hennessy, NCDWQ (2 Copies)
Mr. Travis Wilson, NCWRC
Mr. Gary Jordan, USFWS
Mr. Ron Sechler, NMFS
Mr. Michael Street, NCDMF
Ms. Cathy Brittingham, NCDCM
Ms. Wanda Gooden, NCDCM
Dr. David Chang, PE, Hydraulics
Mr. Greg Perfetti, PE, Structure Design
Mr. Mark Staley, Roadside Environmental
Mr. Anthony Roper, PE, Division 1 Engineer
Mr. Clay Willis, Division 1 Environmental Officer
Cc W/o attachment:
Mr. Scott McLendon, USACE, Wilmington
Mr. Jay Bennett, PE, Roadway Design
Mr. Mai ed Alghandour, PE, Programming and TIP
Mr. Art McMillan, PE, Highway Design
Ms. Beth Harmon, EEP
Mr. Todd Jones, NCDOT External Audit Branch
Ms. Stacy Baldwin, PE, PDEA
NCDOT TIP B-3640 Page 3 of 3
Office Use Only: Form Version March 05
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 ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NW 23 & 33
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 Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, 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:Gregory J. Thorpe, Ph.D., Environmental Management Director
Mailing Address: 1598 Mail Service Center
Raleigh, NC
Telephone Number: [phone] Fax Number:_ [phone]
E-mail Address:
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:
Page 1 of 9
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:
2. T.I.P. Project Number or State Project Number (NCDOT Only): B-3640
3. Property Identification Number (Tax PIN):
4. Location
County: Gates Nearest Town: Gatesville
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers/names, landmarks, etc.):
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): -76.6987 ON 36.4315 °W
6. Property size (acres): N/A
7. Name of nearest receiving body of water: Bennetts Creek
8. River Basin: Chowan
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: State Park, Rural with forested areas and scattered
residential and farms.
Page 2 of 9
10. Describe the overall project in detail, including the type of equipment to be used:
Replacement of the existing bridge structure with a 135-foot cored slab bridge at
approximately the same location and slightly higher roadway elevation of the existing
structure using top-down construction. Replace existing dam/spillway structure and install
fish ladder.
11. Explain the purpose of the proposed work: The bridge is considered to be structurally
deficient and functionally obsolete and the replacement will result in safer traffic operations.
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. NWP & CAMA Application dated 2/17/2006; USACE Action ID #
200610572 dated 3/29/2006 ; CAMA Permit # 102-06 dated 6/8/2006
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.
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. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should 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
Page 3 of 9
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.
1. Provide a written description of the proposed impacts: approach fill, excavation, mechanized
clearing, sheet-pile installation
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
senarately list impacts due to hcth structure and flnndin¢_
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
( es/no) Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)
-14+11-L- Permanent Fill Forested/Riverine Yes 0.10
14+11-L- Mechanized Clearing Forested/Riverine Yes 0.07
14+11-L- Excavation Forested/Rivenne Yes 0.02

Total Wetland Impact (acres) 0.19
3. List the total acreage (estimated) of all existing wetlands on the property: N/A
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, 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. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact
Number
(indicate on map)
Stream Name
Type of Impact Perennial or
Intermittent? Average
Stream Width
Before Impact Impact
Length
(linear feet) Area of
Impact
(acres)
14+11-L- Bennetts Creek Temporary Perennial 90 63 0.14

Page 4 of 9
I Total Stream Impact (by length and acreage) 63 0.14
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact
Site Number
(indicate on ma) Name of Waterbody

(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,

ocean, etc.) Area of
Impact

(acres)
14+11-L- Merchants Millpond Fill (rip-rap) Pond 0.14

Total Open Water Impact (acres) 0.14
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0.14
Wetland Impact (acres): 0.19
Open Water Impact (acres): 0.14
Total Impact to Waters of the U.S. (acres) 0.47
Total Stream Impact (linear feet): 63
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USAGE.
N/A
8. 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.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:
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
Page 5 of 9
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. Use of an off-site detour
during construction, construction of a 29-foot longer single-span bridge, Best Management
Practices will also be utilized during demolition of the existing bridge and construction of the
new bridge.
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 January 15, 2002, 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 NCEEP 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
htlp://h2o.enr.state.nc.us/ncwetlands/sti-n-igid.e.html.
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.
The NCEEP will provide compensatory mitigation for impacts from this project
Page 6 of 9
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wip/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): 0
Amount of buffer mitigation requested (square feet): 0
Amount of Riparian wetland mitigation requested (acres): 0.19
Amount of Non-riparian wetland mitigation requested (acres): 00
Amount of Coastal wetland mitigation requested (acres): 0
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ® No ?
2. 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 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ? No
2. If "yes", 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.
Page 7 of 9
Zone* Impact
(square feet) Multiplier Required
Mitigation
N/A 3 (2 for Catawba) 0
1.5 0
Total 0
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or.0244, or.0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage (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. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. See Stormwater Management Plan
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. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No
Page 8 of 9
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
XV. 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).

Applicant/Ment's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 9 of 9
STORMWATER MANAGEMENT PLAN
WBS: 33188.1.1 (B-3640) Date: 8/05
Gates County
PROJECT DESCRIPTION
The project involves the bridge replacement of Bridge #16 over Merchants Mill Pond on
SR 1400. The overall length of the bridge is 135' and the total project length is 335'.
The existing bridge length is 106'. The existing two lane road will be widened from 9'
lanes to 11' lanes. The existing bridge will be widened from 29' to 45' to accommodate
5' 9" sidewalks on each side of the proposed bridge. The crossing is within the Chowan
River Basin and is part of the Merchants Millpond State Park.
BEST MANAGEMENT PRACTICES AND MAJOR STRUCTURES
Best Management Practices (BMPs) and measures used on the project to reduce the
stormwater impacts include the following:
- Approach work was minimized to approximately 100' on each side of the bridge.
- No deck drains proposed for new bridge.
- Concentrated flow minimized to one proposed inlet on west side of crossing.
Otherwise allowed sheet flow over grassed shoulders.
-co stem
a e
PROGRAM
January 31, 2006
Mr. Gregory J. Thorpe, Ph.D.
Environmental Management Director
Project Development and Environmental Analysis Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina 27699-1548
Dear Dr. Thorpe:
Subject: EEP Mitigation Acceptance Letter:
RECEIVED
FFB 3 2006
Or'11S IN C; HIGRAYS
POEA-OFFlC? OF NATURAL MOMENT
'.

B-3640, Bridge 16 over Merchants Millpond on SR 1400, Gates County
The purpose of this letter is to notify you that the Ecosystem Enhancement Program (EEP) will
provide riverine wetland mitigation for the subject project. Based on the information supplied by you in a
letter dated June 14, 2005, the impacts are located in CU 03010203 of the Chowan River Basin in the
Northern Outer Coastal Plain (NOCP) Eco-Region, and are as follows:
Riverine Wetland Impacts: 0.19 acre
This mitigation acceptance letter replaces the mitigation acceptance letter issued on. July 19,
2005. As stated in your letter, the subject project is listed in Exhibit 2 of the Memorandum of Agreement
among the North Carolina Department of Environment and Natural Resources, the North Carolina
Department of Transportation, and the U. S. Army Corps of Engineers, Wilmington District dated July
22, 2003. The mitigation for the subject project will be provided in accordance with this agreement.
If you have any questions or need additional information, please contact Ms. Beth Harmon at
919-715-1929.
Sincerely,
William D. Gilmore, P.E.
EEP Director
cc: Mr. Bill Biddlecome, USACE-Washington
Mr. John Hennessy, Division of Water Quality, Wetlands/401 Unit
File: B-3640 Revised
k utDYG ... Ekthakt ... ProtP.GtLGI? Our Sta t& ©E R
North Carolina Ecosystem Enhancement Program, 16? it Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
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STATE OF NORTH CAROLINA
RD
JA N 2006
Dec
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DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY
GOVERNOR
January 9, 2006
Mr. William D. Gilmore, P.E., Director
NC Ecosystem Enhancement Program
1652 Mail Service Center
Raleigh, NC 27699-1652
Dear Sir:
LYNDO TIPPETT
SECRETARY
Subject: Revision to Prior Request of Mitigation for the Proposed replacement of Bridge No.
16 over Merchants Millpond on SR 1400, in Gates County. Federal Aid Project No.
BRZ-1400(4), State Project No. 8.206020 1, TIP No. B-3640.
Please reference our previous request for compensatory mitigation dated June 14, 2005 and the EEP
Acceptance Letter dated July 19, 2005. Due to a change in design, the NCDOT has increased permanent
impacts from the 0.12 acre of wetlands impacts previously requested, to 0.19 acre. Please provide
NCDOT confirmation that the EEP is willing to provide compensatory mitigation for the additional 0.07
acre of impacts to riverine wetlands.
Please send the revised letter of confirmation to Mr. Bill Biddlecome (USACE Coordinator) at U. S.
Army Corps of Engineers Washington Regulatory Field Office, P.O. Box 1000, Washington, NC 27889-
1000. Mr. Biddlecome's FAX number is [phone]. The current let date for the project is July 18,
2006, for which the let review date is May 30, 2006.
In order to satisfy regulatory assurances that mitigation will be performed; the NCDWQ requires a
formal letter from EEP indicating their willingness and ability to provide the mitigation work requested
by NCDOT. The NCDOT requests such a letter of confirmation be addressed to Mr. John Hennessy of
NCDWQ, with copies submitted to NCDOT.
MAILING ADDRESS: TELEPHONE: [phone] LOCATION:
NC DEPARTMENT OF TRANSPORTATION FAX: [phone] TRANSPORTATION BUILDING
PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 1 SOUTH WILMINGTON STREET
1598 MAIL SERVICE CENTER WEBSITE. WWW.DOH.DOT.STATE.NC.US RALEIGH NC
RALEIGH NC 27699-1598

If you have any questions or need additional information, please contact Tyler Stanton at
[e-mail] or [phone].
Sincerely,
6'Az
Gregory J. Thorpe, Ph.D.,
Environmental Management Director
Project Development & Environmental Analysis Branch
Cc: Mr. John Hennessy, NCDWQ
V44s. Nicole Thompson, NCDWQ
Ms. Bill Biddlecome, USACE
Ms. Linda Fitzpatrick, NCDOT Natural Environment Unit
Mr. Majed Alghandour, NCDOT Project Management/Scheduling Unit
Mr. Todd Jones, NCDOT External Audit Branch
File B-3640
PROGRAM
January 31, 2006
Mr. Bill Biddlecome
U. S. Army Corps of Engineers
Washington Regulatory Field Office
Post Office Box 1000
Washington, North Carolina 27889-1000
Dear Mr. Biddlecome:
Subject: EEP Mitigation Acceptance Letter
0

B-3640, Replace Bridge 16 over Merchants Millpond on SR 1400;
Chowan River Basin (Cataloging Unit 03010203); Northern Outer Coastal
Plain (NOCP) Eco-Region
The purpose of this letter is to notify you that the Ecosystem Enhancement Program
(EEP) proposes to provide high quality preservation to compensate for the unavoidable 0.19 acre
of riverine wetland impacts associated with the subject project in the following manner:
Riverine Wetland Preservation (5:1) in Same Eco-Region
Roanoke River (Cashie), Bertie County 0.95 acre
Northern Outer Coastal Plain
Roanoke River Basin, CU 03010107
This mitigation strategy letter replaces the mitigation strategy letter issued on July
19, 2005. The reminder of the required 1:1 riverine wetland mitigation will be in the form of
riverine wetland restoration from the same cataloging unit as the referenced project. EEP will
commit to implementing sufficient riverine restoration wetland mitigation to offset the impacts
associated with this project by the end of the MOA year in which the permit for this project is
issued, in accordance with Section X of the Memorandum of Agreement between the U. S. Army
Corps of Engineers, N. C. Department of Environment and Natural Resources, and N. C.
Department of Transportation (Tri-Party MOA), signed on July 22, 2003. Riverine wetland
restoration mitigation assets available include, but are not limited to, the Nicholas Farm
Mitigation Site.
LVAWA
?..?: t :?r?a,?i ?' . , < ??- F . .: .°F ? ?.?.? ``' i ti r ? ? F` ,? ?m r?' ??t '.? f ???`! .? F.:'a??.?'c--?' RU BM
North Carolina Ecosystem Enhancement Program, 1652 Mai! Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net

If you have any questions or need additional information, please contact Ms. Beth
Harmon at [phone].
Sincerely,
Wililam D. Gilmore, P.E.
EEP Director
cc: Mr. Gregory J. Thorpe, Ph.D., NCDOT-PDEA
Mr. John Hennessey, Division of Water Quality, Wetlands/401 Unit
File: B-3640 Revised

i Stem.
w
PROGRAM
January 31, 2006
Mr. Gregory J. Thorpe, Ph.D.
Environmental Management Director
Project Development and Environmental Analysis Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina 27699-1548
Dear Dr. Thorpe:
Subject: EEP Mitigation Acceptance Letter:
B-3640, Bridge 16 over Merchants Millpond on SR 1400, Gates County
The purpose of this letter is to notify you that the Ecosystem Enhancement Program (EEP) will
provide riverine wetland mitigation for the subject project. Based on the information supplied by you in a
letter dated June 14, 2005, the impacts are located in CU 03010203 of the Chowan River Basin in the
Northern Outer Coastal Plain (NOCP) Eco-Region, and are as follows:
Riverine Wetland Impacts: 0.19 acre
This mitigation acceptance letter replaces the mitigation acceptance letter issued on July 19,
2005. As stated in your letter, the subject project is listed in Exhibit 2 of the Memorandum of Agreement
among the North Carolina Department of Environment and Natural Resources, the North Carolina
Department of Transportation, and the U. S. Army Corps of Engineers, Wilmington District dated July
22, 2003. The mitigation for the subject project will be provided in accordance with this agreement.
If you have any questions or need additional information, please contact Ms. Beth Harmon at
919-715-1929.
Sincerely,
William D. Gilmore, P.E.
EEP Director
cc: Mr. Bill Biddlecome, USACE-Washington
Mr. John Hennessy, Division of Water Quality, Wetlands/401 Unit
File: B-3640 Revised
NCDENR
North Carolina Ecosystem Enhancement Program, 1652&11 Service Center, Raleigh,i NC 27699-1652 / 919-71S-0476 / www.nceep.net

Gates County
SR 1400
Replace Bridge No. 16 Over Merchants Millpond
Federal-Aid Project No. BRZ-1400(4)
State Project No. 8.2060201
T.I.P. No. B-3640
CATEGORICAL EXCLUSION
UNITED STATES DEPARTMENT OF TRANSPORTATION
FEDERAL HIGHWAY ADMINISTRATION
AND
NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
DIVISION OF HIGHWAYS
APPROVED:
DATE Gregory H. Tho , Ph. D., Environmental ManagementDirector
Project Develop ent and Environmental
Analysis Branch, NCDOT
DATE Jo F. Sullivan, III, P.E.
06-Division Administrator, FHWA
a'
Gates County
SR 1400
Replace Bridge No. 16 Over Merchants Millpond
Federal-Aid Project No. BRZ-1400(4)
State Project No. 8.2060201
T.I.P. No. B-3640
CATEGORICAL EXCLUSION
October 2004
Document Prepared by:
Wang Engineering Company, Inc.
{?oFessio .9
A
•

For the North Carolina Department of Transportation
John adsworth, P.E.
Proj Manager
Consultant Engineering Unit
3. Pww;0
Greg S. P s, P.E.
Project Manager
PROJECT COMMITMENTS
Gates County
SR 1400
Replace Bridge No. 16 Over Merchants Millpond
Federal-Aid Project No. BRZ-1400(4)
State Project No. 8.2060201
T.I.P. No. B-3640
In addition to the standard Nationwide Permit No. 23 Conditions, the General Nationwide Permit
Conditions, Section 404 Only Conditions, Regional Conditions, State Consistency Conditions, NCDOT's
Guidelines for Best Management Practices for Bridge Demolition and Removal, NCDOT's Guidelines for
Best Management Practices for the Protection of Surface Waters, General Certification Conditions, and
Section 401 Conditions of Certification, the following special commitments have been agreed to by
NCDOT:
Division Engineer
The Stream Crossing Guidelines for Anadromous Fish Passage will be implemented, as applicable.
An in-water work moratorium will be in effect from February 15 to June 30, to ensure the environmental
integrity of the project area.
Mitigation will be provided for any unavoidable wetland losses.
Design and location of proposed spillway will be coordinated with the Division of Parks and Recreation.
All proposed work shall be contained within the existing right of way except for the proposed spillway.
The existing dilapidated timber spillway structure will be replaced and ownership will be given to the.
Division of Parks and Recreation.
The existing stairway to the canoe deck will be readjusted if necessary.
Hydraulics
Deck drains will not be allowed to discharge directly into the water or main channel.
The design of the proposed spillway will take into consideration fish passage over the proposed spillway.
Roadway Design
A bridge structure will be utilized with a concrete barrier separating the attached walkways from the
roadway.
The guardrail will consist of weathered steel, the bri dge railing will be anodized, and a colored additive
will be mixed in the concrete to make the new bridge more aesthetically pleasing.
Green Sheet
Preconstruction
October 2004
Page I of 1
Gates County
SR 1400
Replace Bridge No. 16 Over Merchants Millpond
Federal-Aid Project No. BRZ-1400(4)
State Project No. 8.2060201
T.I.P. No. B-3640
INTRODUCTION: The replacement of Bridge No. 16 is included in the 2004-2010 North Carolina - -
Department of Transportation (NCDOT) Transportation Improvement Program (TIP) and the Federal-Aid
Bridge Replacement Program. The location is shown in Figure 1. No, substantial environmental impacts
are anticipated. The project is classified as a Federal "Categorical Exclusion."
1. PURPOSE AND NEED
Bridge Maintenance Unit records indicated the bridge has a sufficiency rating of 15.1 out of a
possible 100 for a new structure. The bridge is considered functionally obsolete and structurally
deficient. The replacement of an inadequate structure will result in safer and more efficient
traffic operations.
H. EXISTING CONDITIONS
SR 1400 (Millpond Road) is classified as a. rural major collector. Land use in the project area is
primarily wooded. Undeveloped woodlands are adjacent on the south side of the study area. A
pond is located on the north side of the study area.
Bridge No. 16 was constructed in 1963. The existing structure is 106 feet in length, consisting of
seven spans with the maximum span at approximately 17 feet. The clear roadway width is 19.3
feet, providing two nine-foot travel lanes with 0.6-foot shoulders. The existing bridge has four-
foot wide sidewalks (fishing walkways). The superstructure consists of a timber deck on timber
joists with an asphalt-wearing surface. The substructure is a timber abutment design. The
spillway for the millpond is a timber structure that is adjacent to the existing bridge and joins the
substructure of the bridge. The interior bents consist of timber caps on timber piles. The bed to
crown height is 11.5 feet. The posted weight limit is 11 tons for single vehicles (SV) and 19 tons
for truck-tractors semi-trailers (TTST).
The existing bridge and approaches on SR 1400 are tangent. There is a 3.5-degree curve located
approximately 80 feet from the southeast end and a 6.5-degree curve located approximately 415
feet from the northwest end of the structure. SR 1400 consists of two nine-foot travel lanes with
ten-foot shoulders.
The estimated 2001 average daily traffic volume was 1,000 vehicles per day (vpd). The projected
traffic volume is expected to increase to 1,600 vpd by the design year 2025. The volumes include
one percent TTST and three percent dual tired vehicles.
The posted speed limit is 45 miles per hour (mph) for the curve immediately north of the bridge
and 35 mph for the curve immediately south of the bridge.
SR 1400 is not part of a designated bicycle route and there are no indications that an unusual
number of bicyclists are using this route.
Underground telephone cables are present on the west side of SR 1400 and are aerial at
Merchants Millpond bridge. There are aerial power lines on the south side of SR 1400 and an
2

underground water pipe crosses below the waterway on the west side of Merchants Millpond
bridge. Utility impacts are anticipated to be low.
There was one accident reported in the vicinity of the bridge during the period from March 1,
2000 to February 28, 2003.
Six school buses cross this bridge twice daily.
III. ALTERNATIVES -
A. Project Description
The proposed structure will consist of a 30-foot clear roadway width, providing two 11-foot
travel lanes with four-foot shoulders. Bicycle safe bridge rails will be provided along either side
of the travel way. A 5-foot pedestrian walkway will be provided along both sides of the bridge
outside of the travelway. A 42-inch high outside rail will be provided for the walkways. The
proposed approach roadways will provide two 11-foot travel lanes with six-foot grassed
shoulders.
Based on a preliminary hydraulic analysis, Bridge No. 16 will be replaced with a bridge. The
opening size of the proposed structure may increase or decrease as necessary to accommodate
peak flows as determined from a more detailed hydraulic analysis to be performed during the
final design phase of the project. The existing spillway adjacent to the existing bridge will be
replaced upstream of the existing spillway. The proposed spillway will be approximately 300
feet long (See Figure 2A) and the top of the spillway will at elevation 6.0 feet. The spillway will
be constructed of either steel or concrete piles and this will be determined during the final design
phase of the project. The method of construction for the proposed spillway will be determined
during the final design phase of the project, which may include a work barge system.
B. Build Alternatives
Three (3) build alternatives studied for replacing the existing bridge are described below.
Alternate A (Preferred) replaces the bridge at the existing location with a new structure. During
construction, traffic will be maintained by an off-site detour. The proposed bridge will be a cored
slab structure. The length of approach work is approximately 200 feet. The bridge length is
approximately 139 feet. The design speed is 50 mph. During construction, traffic will be
maintained by an off-site detour. The right of way width is 100 feet.
The off-site detour along US 158 Bypass, US 158 Business, and NC 37 is approximately 8.4
miles in length. A road user analysis was performed based on 1,100 vehicles per day (vpd) for
construction year 2004 and an average of 8.4 miles of indirect travel. The cost of additional
travel will be approximately $1.1 million dollars during a twelve-month construction period.
Alternate C replaces the existing bridge on new alignment south of the existing bridge. This
bridge is offset approximately ten feet from the centerline of the existing bridge. The length of
approach work is approximately 1486 feet. The bridge length is approximately 138 feet-. During 11 construction, traffic will be maintained by°an off-site detour. The design speed for this alternate
is 45 mph. The right of way width varies from 100 feet to 110 feet with additional temporary
construction easements as required. Alternate C was not selected as the preferred alternate
because it has a greater construction cost, greater environmental impacts, and longer construction
duration than Alternate A.
?.
Alternate D replaces the existing bridge on new alignment south of the existing bridge. This
bridge is offset approximately 23 feet from the centerline of the existing bridge. The length of
approach work is approximately 1984 feet. The bridge length is approximately 158 feet. During
construction, traffic will be maintained by an off-site detour. The design speed for this alternate
is 50 mph. The right of way width varies from 100 feet to 120 feet with additional temporary
construction easements as required. Alternate D was not selected as the preferred alternate
because it has a greater construction cost, greater environmental impacts, and longer construction
duration than Alternate A.
C. Alternatives Eliminated From Further Study
Alternate B replaces the existing bridge on new alignment south of the existing bridge. This
bridge is offset approximately 47 feet from the centerline of the existing bridge. The length of
approach work is approximately 1158 feet. The bridge length is approximately 178 feet. During
construction, traffic will be maintained on existing roadway and bridge except during tie-ins. The
design speed for this alternate is 50 mph. The right of way width varies from 100 feet to 150 feet
with additional temporary construction easements as required. Alternate B was eliminated from
further study because of its excessive environmental impacts.
The "Do-Nothing" Alternative will eventually necessitate removal of the bridge. This is not
desirable due to the traffic service provided by SR 1400.
Investigation of the existing structure by the Bridge Maintenance Unit indicates the rehabilitation
of the old bridge is not feasible due to its age and deteriorated condition.
D. Preferred Alternative
Alternate A replaces the bridge at the existing location with a new structure. During
construction, traffic will be maintained by an off-site detour. Alternate A was selected as the
preferred alternate because of its lower construction cost, lower environmental impacts, and
shorter construction duration.
The Division Engineer concurs with Alternate A as the preferred alternate.
IV. ESTIMATED COST
The estimated costs, based on current 2004 prices, are as follows:
?rlternate h?: h?, Alternate. Alternate D f
Structure Removal (existing) $ 22,900 $ 22,900 $ 22,900
Structure (proposed) 437,800 434,700 497,700
Structure Miscellaneous and Mobilization 46,100 45,800 52,100
Spillway 90,000 90,000 90,000
Roadway Approaches 70,700 207,300 442,100
Roadway Miscellaneous and Mobilization 24,700 72,500 154,800
Engineering and Contingencies 97,800 116,800 180,400
ROW/Coast. Easements/Utilities: 20,000 25,000 30,000

TOTAL $ 810,000 $ 1,015,000 $ 1,470,000
4

The proposed right of way costs reflect that the North Carolina Department of Environment and
Natural Resources Division of Parks and Recreation (DPR) will grant permanent easement to all
lands affected by the project. The estimated cost of the project, as shown in the 2004-2010
Transportation Improvement Program, is $450,000 including $25,000 for right-of-way and
$425,000 for construction.
V. NATURAL RESOURCES
A. Methodology
Materials and research data in support of this investigation have been derived from a number of
sources including applicable U.S. Geological Survey (USGS) topographic mapping (Merchants
Millpond, NC 7.5 minute quadrangle, 1981), U.S. Fish and Wildlife.Service (FWS) National
Wetlands Inventory (NWI) mapping (FWS NWI 1990), and project plans.
Bridge No. 16 was visited on March 27, 2001. The study corridor was walked and visually
surveyed for significant features. For purposes of field surveys, the study corridor was assumed
to be approximately 1800 feet in length for Alternate A, 2300 feet for Alternate B, 1700 feet for
Alternate C, and 2200 feet for Alternate D. The corridor width is 150 feet from centerline to the
north of SR 1400 and 150 feet from centerline to the south of SR 1400 for all four alternatives to
ensure proper coverage.. Plant community area and wetland area calculations are based on
construction limits. Special concerns evaluated in the field include 1) potential habitat for
protected species and 2) wetlands and water quality protection in Merchants Millpond and
Bennetts Creek.
Plant community descriptions are based on a classification system utilized by North Carolina
Natural Heritage Program (NHP) (Schafale and Weakley 1990). When appropriate, community
classifications were modified to better reflect field observations. Vascular plant names follow
nomenclature found in Radford et al. (1968), with adjustments made to reflect more current
nomenclature (Kartesz 1998). Jurisdictional areas were evaluated using the three-parameter
approach following U.S. Army Corps of Engineers (COE) delineation guidelines (DOA 1987).
Wetland jurisdictional areas were characterized according to a classification scheme established
by Cowardin et al. (1979). Habitat used by terrestrial wildlife and aquatic organisms, as well as
expected population distributions, were determined through field observations, evaluation of
available habitat, and supportive documentation (Webster et al. 1985, Potter et al. 1980, Martof et
al. 1980, Rohde et al. 1994, Menhinick 1991, Palmer and Braswell 1995). Fish and wildlife
nomenclature follow current standards.. Water quality information for area streams and tributaries
was derived from available sources (DWQ 1997a, 1997b).- Quantitative sampling was not
undertaken to support existing data.
The most current FWS listing of federal-protected species (May 31, 2002) with ranges that extend
into Gates County was obtained prior to initiation of the field investigation and reviewed again
prior to completion of the report. In addition, NHP records documenting presence of federal- or
state-listed species were consulted before commencing the field investigation.
B. Physiography and Soils
The study corridor is located in the Wicomico and Talbot System geologic formation within the
Lower Coastal Plain physiographic province of North Carolina. Broad, gently undulating to
nearly flat plains and more distinct topography of barrier island systems and beach ridges,
characterize this system. Tributaries of the major streams slope gently from their headwaters to
their mouths. Valley slopes are a minor part of the landscape except near major streams as they
approach the coastal estuaries. Most streams are only a few yards below the uplands. Soil
5
systems are dominated by marine sediments, which have formed fine- and coarse-loamy soils of
siliceous sand mineralogy. Soils are more than five feet thick and are somewhat poorly to poorly
drained (Daniels et al. 1999). The study corridor is located within the downstream edge of
Merchants Millpond and within the floodplain and adjoining terraces of Bennetts Creek. Within
the study corridor, the floodplain is shallow and flat. Elevations rise from approximately four
feet National Geodetic Vertical Datum (NGVD) at the streamside of Bennetts Creek to ten feet
NGVD at the western extreme of the study corridor (USGS Merchants Millpond, NC
quadrangle).
The Natural Resources Conservation Service (USDA 1996a) indicates the following soils within
the study corridor: Chowan loam (Thapto-Histic Fluvaquents), adjacent to and including the
channel of Bennetts Creek; Nawney loam (Typic Fluvaquents) to the west of the Bennetts Creek;
Winton fine sandy loam (Aquic Hapludults) at the western end of the study corridor; and
Altavista fine sandy loam (Aquic Hapludults) at the east end of the study corridor.
The Chowan series consists of nearly level, poorly drained soils on floodplains of small creeks
that flow into the Chowan River. During the late winter and early spring, these soils are
frequently flooded for very long periods. Permeability is moderately slow in the upper mineral
layers, and moderately rapid to slow in the underlying mineral layers. The seasonal high water
table is within 0.5 foot of the soil surface.
The Nawney series consists of nearly level, poorly drained soils on floodplains. These soils are
frequently flooded for very long periods. Permeability is moderate. The seasonal high water
table is within 0.5 foot of the soil surface.
The Winton series consists of moderately steep and moderately well drained soils found on side
slopes. Permeability is moderate, and the seasonal high water table is two to four feet below the
surface.
The Altavista series is moderately well-drained. These soils are smooth ridges on stream terraces.
Permeability is moderate, and the seasonal high water. table is 1.5 to 2.5 feet below the surface.
Of the predominant soil map units in the study corridor, the Natural Resources Conservation
Service lists the Chowan and Nawney series as hydric. In addition, the Winton series has
inclusions of Chowan and Nawney soils in narrow drainageways. The Altavista series has
inclusions of Tomotley series soils in depressions. The Tomotley series (Typic Ochraquults) are
nearly level, poorly drained soils classified as hydric in Gates County (USDA 1996b).
C. Water Resources
1. Surface Waters
The study corridor is located within sub-basin 03-01-01 (Upper Chowan in North Carolina,
Wiccacon River and Ahoskie Creek) of the Chowan River Basin (DWQ 1997a). The drainage
basin area at the project site is 75.4 square miles. This area is part of USGS accounting unit
03010203 of the South Atlantic-Gulf Coast Region. Bennetts Creek, from its source to the
Chowan River (including Merchants Millpond), has been assigned Stream Index Number 25-17
by the N.C. Division of Water Quality (DWQ) (DWQ 1997b).
2. Stream Characteristics
Merchants Millpond is an impoundment of the Bennetts Creek drainage., Bennetts Creek is a
fourth-order, blackwater stream in the non-estuarine portion of the Upper Chowan River sub-
basin. Above Merchants Millpond, the Bennetts Creek watershed is characterized by Cypress-
Gum Swamps with upland areas used primarily for forestry and agriculture. Within the study
corridor, Merchants Millpond is a shallow, blackwater pond with mature cypress (Taxodium
distichum) and water tupelo (Nyssa aquatica) emerging in scattered groups across its surface.
Water depths range from a few inches along the pond edges to several feet in front of the
spillway. Below the pond, the main channel of Bennetts Creek has been moved approximately
300 feet to the east of the historic location of the millpond wheel (its original alignment). The
original_ has been filled and now comprises_part of the eastern roadway approach to
Bridge No. 16. Within the study corridor, Bennetts Creek is broad and shallow, exhibiting well-
developed sinuosity and no noticeable riffle and pool sequence. During the field survey, width of
the stream was approximately 70 feet at the point of the bridge crossing. Water depths in
Bennetts Creek varied from three to 30 inches. The water level was high, and flow was brisk.
Persistent emergent aquatic vegetation in Merchants Millpond includes cypress, water tupelo, and
blue flag iris (Iris virginica). Duckweed (Lemna sp.), fanwort (Cabomba caroliniana), and parrot
feather (Myriophyllum aquaticum) are other aquatic species observed. Persistent aquatic
vegetation, other than cypress and water tupelo, was not observed in Bennetts Creek. The stream
was clear and tannin-stained during the field visit, with visibility to approximately 18 inches. The
substrate is composed of fine sediments underlain by firm sandy or mineral soil. The stream
banks are composed of fine textured soil as they rise gently to the level, sandy to loamy
floodplain.
The floodplain contains Cypress-Gum Swamp, Small Stream Swamp, and urban/disturbed land.
Three areas of hydric soils were located: on both sides of Bennetts Creek as it curves to the east,
and extending east and west along the south side of SR 1400; and along the margin of Merchants
Millpond north of SR 1400.
Classifications are assigned to waters of the State of North Carolina based on the existing or
contemplated best usage of various streams or segments of streams in the basin. A best usage
classification of C NSW has been assigned to Bennetts Creek and Merchants Millpond. The
designation C denotes water supply waters that are suitable for aquatic life propagation and
protection, agriculture, and secondary recreation. Secondary recreation refers to wading, boating,
and other uses not involving human body contact with waters on an organized or frequent basis.
The supplementary classification NSW denotes nutrient sensitive waters that need additional
nutrient management because they are subject to excessive growth of microscopic and
macroscopic vegetation (DWQ 1997b). No designated Outstanding Resource. Waters (ORW),
High Quality Waters (HQW), Water Supply I (WS-I), or Water Supply II (WS-II) waters occur
within one mile of the study corridor.
DWQ has initiated a whole-basin approach to water quality management for the 17 river basins
within the state. Water quality for the proposed study corridor is summarized in the Chowan
River basin management plan. Water quality samples in the Chowan River, taken in 1995
approximately 26.7 miles downstream of the study corridor, indicated Good-Fair water based on
macro invertebrate samples. Fish tissue samples taken near the spillway of Merchants Millpond
in 1995 showed that one sample in 14 exceeded the U.S. Environmental Protection Agency's
standard for mercury content. Bennetts Creek, from its source to the Chowan River, has been
listed as Support Threatened concerning its Best Usage Classification. Land use within the sub-
basin is primarily wetlands and agriculture, and water quality degradation is believed to be
mainly due to nonpoint-source runoff. A Lake Assessment of Merchants Millpond also returned
a Support Threatened rating. Shallow depth and long retention time for water in the pond
encourages the growth of aquatic macrophytes covering the water's surface. These aquatic plants
are considered a threat to the designated uses of canoeing and fishing. Low dissolved oxygen in
the pond also indicates a threat to designated uses. The Chowan sub-basin 03-01-01 supports five
minor point-source discharges, with 0.02 million gallons per day total permitted flow. Two of
7
these discharges are located approximately 6.7 miles upstream of the study corridor. No major
dischargers are located in the sub-basin (DWQ 1997a).
3. Anticipated Impacts to Water Resources
All of the proposed project alternatives include complete bridging of Merchants Millpond and
Bennetts Creek to maintain the current water quality, aquatic habitat, and flow regime.
Temporary construction impacts due to erosion and sedimentation will be minimized through
implementation of a stringent erosion control schedule and the use of best management practices.
Temporary construction impacts may include the removal of the existing spillway and
construction of the proposed spillway. The contractor will follow contract specifications
pertaining to erosion control measures as outlined in 23 CFR 650 Subpart B and Article 107-13
entitled "Control of Erosion, Siltation, and Pollution" (NCDOT, Specifications for Roads and
Structures). These measures include the use of dikes, berms, silt basins, and other containment
measures to control runoff, elimination of construction staging areas in floodplains and adjacent
to waterways; re-seeding of herbaceous cover on disturbed sites; management of chemicals
(herbicides, pesticides, de-icing compounds) with potential negative impacts on water quality;
and avoidance of direct discharges into steams by catch basins and roadside vegetation.
In each of the three build alternatives, the proposed bridge replacement and spillway replacement
will allow for continuation of pre-project stream flows in Merchants Millpond and Bennetts
Creek, thereby protecting the integrity of this waterway. Long-term impacts resulting from
construction are expected to be negligible. In order to minimize impacts to water resources,
NCDOT Best Management Practices (BMPs) for the Protection of Surface Waters will be strictly
enforced during the entire life of the project.
The existing bridge will be removed without dropping any component into Waters of the U.S.
NCDOT's Best Management Practices for Bridge Demolition and Removal (BMP-BDR) will be
applied for the removal of this bridge.
D. Biotic Resources
1. Plant Communities
Three distinct plant communities were identified within the study corridor: Cypress-Gum Swamp
(Blackwater Subtype); Coastal Plain Small Stream Swamp (Blackwater Subtype); and
urban/disturbed land. These plant communities are described below.
a) Cypress-Gum Swamp (Blackwater Subtype)
Cypress-Gum Swamp, Blackwater Subtype occurs within Merchants Millpond and within the
floodplain of Bennetts Creek. This community grades into Coastal Plain Small Stream
Swamp, Blackwater Subtype, as the floodplain rises gently from the channel of Bennetts
Creek and from Merchants Millpond. The community is described by Schafale and Weakley
(1990) as occurring in back swamps, sloughs, swales, and featureless floodplains of
blackwater rivers that are seasonally to nearly permanently flooded. At the study corridor,
canopy dominants are cypress and water tupelo, with green ash (Fraxinus pennsylvanica),
American elm (Ulmus americana), and sycamore (Platanus occidentalis) also present. As
the cypress-gum swamp grades into Coastal Plain Small Stream Swamp at higher elevations,
species associated with dryer areas appear including tulip poplar (Liriodendron tulipifera),
black walnut (Juglans nigra), and sweetgum (Liquidambar styraciflua). The subcanopy
includes red maple (Ater rubrum), American holly (Ilex americana), and ironwood (Carpinus
caroliniana). The sparse shrub layer contains wax myrtle (Morilla cerifera), giant cane
(Arundinaria gigantea), and strawberry bush (Euonymus americanus), among others. Vines
include rattan vine (Berchemia scandens), cross vine (Anisostichus capreolata), and
greenbriar (Smilax rotundifolia). The understory includes ferns such as Christmas fern
(Polystichum acrostichoides), ebony spleenwort (Asplenium platyneuron), and netted chain-
fern (Woodwardia areolata) as well as may-apple (Podophyllum peltatum) and sphagnum
mosses (Sphagnum sp.).
b) Coastal Plain Small Stream Swamp (Blackwater Subtype) _
Coastal Plain Small Stream Swamp occurs along the edges of Merchants Millpond and on the
upper floodplain and low terraces of Bennetts Creek. This community type intergrades with
Cypress-Gum Swamp as it approaches lower elevations. Along the road margins and at the
northeast extreme of the study corridor, it is bordered by urban/disturbed land. South of
SR 1400 and in the northwest quadrant, the forest extends outside.of the study corridor. This
community is described by Schafale and Weakley (1990) as occurring in floodplains of small,
blackwater streams in which separate fluvial features and associated vegetation are too small
or poorly developed to be distinguished. The ecological differences between different fluvial
landforms are reduced, causing a highly variable mixture of the species associated with larger
river floodplains. The small, blackwater streams have highly variable flooding regimes, and
soils are various alluvial or organic series. At the Merchants Millpond study corridor, the
canopy is dominated by swamp chestnut oak (Quercus michauxii), water oak (Q. nigra),
green ash, tulip poplar, sweetgum, black walnut, blackgum (Nyssa sylvatica), and scattered
loblolly pine (Pinus taeda). The midstory and shrub layer contain ironwood, dogwood
(Cornus f orida), red maple, wax myrtle, box-elder (Acer negundo), Chinese privet (Lonicera
japonica), elderberry (Sambucus canadensis), blackberry (Rubus argutus), and giant cane.
Vines are sparse to common in more open patches, including muscadine (Vitis rotundifolia),
Japanese honeysuckle (Lonicera japonica), cross vine, and greenbriar. The understory is
sparse, and includes netted chain-fern, Christmas fern, dock (Rumex crispus), and common
blue violet (Viola papilionacea).
c) Urban/Disturbed Land
Urban/disturbed land occurs along the right-of-way of SR 1400, and at the facilities of
Merchants Millpond State Park in the northeast corner of the study corridor. The roadside
area is approximately 25 feet wide. The roadside margin and maintained lawns are cloaked
with planted and naturally occurring grasses. Volunteer species in maintained areas include
Rafinesque's violet (Viola rafinesquii), blue-eyed grass (Sisyrinchium rosulatum), pussy-toes
(Antennaria sp.), wild onion (Allium canadense), cranesbill (Geranium carolinianum), and
lyre-leaved sage (Salvia lyrata). Shadier areas contain common blue violet and henbit
(Lamium purpureum). In areas that are not regularly mowed, volunteer species include
Japanese honeysuckle (Lonicera japonica), Chinese privet, muscadine, blackberry, goldenrod
(Solidago sp.), and seedlings and saplings of sweetgum and red maple.
2. Plant Communities within the Study Corridor
For Alternates A, C, and D, plant community impacts are estimated based on the amount of each
plant community present within the proposed construction easements and from the proposed cut
and fill areas. A summary of potential impacts to individual plant communities at Bridge No. 16
for Alternates A, C, and D are presented in Table 1.
Table 1
Area Of Anticipated Impacts To Terrestrial Plant Communities
Acres
Plant Community Alternate A
(Preferred)
Alternate C
Alternate D
Cypress-Gum Swamp 0.02 0.99) 1.57
Coastal Plain-Small Stream Swamp 0.01 1.22 1.52
Open Water 0.02 0.16 0.34)
rban/ Disturbed Land 0.19 5.53 5.50
TOTAL: 0.24 7.90 8.93
Table 1: Potential impacts to plant communities at Bridge No. 16, Gates County, for Alternates A, C, and D.
Permanent impacts are based on cut-and-fill areas for new construction and construction easements.
Alternate A replaces Bridge No. 16 in place, with an off-site detour. Of the potentially impacted
0.24 acres 13 percent consists of Small Stream Swamp and Cypress-Gum Swamp communities.
Impacts to plant communities are greater for urban/disturbed land than the impacts to Small
Stream Swamp and Cypress-Gum Swamp because the project footprint is aligned along the
existing bridge and roadway footprint and the urban/disturbed land occurs along the right of way
of SR 1400.
Alternate C calls for replacing the bridge and roadway approximately ten feet south (downstream)
of the existing alignment. Alternate C includes a project corridor width of 100 feet. Seventy-nine
percent of impacts to plant communities involve urban/disturbed land. The proposed roadway .
and bridge footprint would follow nearly the same alignment as the existing facilities.
Alternate D calls for construction of a new bridge approximately 25 feet south of the existing
bridge, with improved alignments at the eastern and western roadway approaches. Alternate D
includes a proposed construction corridor 2141 feet in length and 10 to 220 feet in width. Thirty-
five percent of the impacts to plant communities involved in Alternate D are to Coastal Plain
Small Stream Swamp and Cypress-Gum Swamp.
From an ecological perspective, impacts of upgrading existing road facilities, called for in
Alternate A, are minimal. New cut-and-fill areas would extend approximately zero to 30 feet into
Cypress-Gum Swamp and Small Stream Swamp plant communities in the Bennetts Creek
floodplain, with narrower strips extending into the edge of Merchants Millpond. Alternates C and
D would claim wider strips of adjacent natural communities. The southerly shifts of both
alternatives would involve minimal cut-and-fill impacts to Merchants Millpond, but would
involve substantial fill in the Bennetts Creek floodplain. For Alternate C, fill would extend
approximately zero to 60 feet into the floodplain; and for Alternate D approximately 20 to 80
feet. The abandoned footprint of the existing SR 1400 and Bridge No. 16 could be replanted and
restored-to provide new natural communities on the Merchants Millpond side of the roadway, and
provide some mitigation for project impacts. All of the alternatives require some degree of
incursion into Cypress-Gum and Coastal Plain Small Stream Swamp, resulting in the removal of
a few mature trees. For all alternatives, no new fragmentation of plant communities will be
created, as the project will result only in relocation of community boundaries. Alternate D will
result in the greatest temporary and permanent impacts to plant communities.
Roadside-forest ecotones typically serve as vectors for invasive species into local natural
communities. An example of an undesirable invasive species utilizing roadsides is kudzu (Pueria
10
lobata). The establishment of a hardy groundcover on road. shoulders as soon as practicable will
limit the availability of construction areas to invasive and undesirable plants.
3. Wildlife
a) Terrestrial
Signs of beaver (Castor canadensis), including gnawed stumps, sticks, and scat were seen
within the_study .corridor during the f eld survU,_ Two gray squirrels (Sciurus.carolinensis)
and scat of white-tailed deer (Odocoileus virginianus) were also observed. Characteristic
mammals which are expected to frequent swamps in the Coastal Plain include Virginia
opossum (Didelphis virginiana), southeastern shrew (Sorex longirostris), star-nosed mole
(Condylura cristata), silver-haired bat (Lasionycteris noctivagans), southeastern myotis
(Myotis austroriparius), red bat (Lasiurus borealis), marsh rabbit (Sylvilagus pahistris),
southern flying squirrel (Glaucomys volans), cotton mouse (Peromyscus gossypinus), raccoon
(Procyon lotor), bobcat (Fells rufus), and mink (Mustela vision).
Bird species that were identified during the field survey are yellow warbler (Dendroica
petechia), Carolina wren (Thryothorus ludovicianus), tufted titmouse (Baeolophus bicolor),
common crow (Corvus brachyrhynchos), turkey vulture (Cathartes aura), white-breasted
nuthatch (Sitta carolinensis), Canada goose (Branta canadensis), and red-shouldered hawk
(Buteo lineatus). Other bird species expected to frequent swamps and swamp forest habitats
include pied-billed grebe (Podilymbus podiceps), great blue heron (Ardea herodias), yellow-
crowned night heron (Nyctanassa violacea), wood duck (Aix sponsa), hooded merganser
(Lophodytes cucullatus), (Meleagris gallopavo), American woodcock (Scolopax minor),
barred owl (Strix varia), belted kingfisher (Megaceryle alcyon), pileated woodpecker
(Dryocopus pileatus), Acadian flycatcher (Empidonax virescens), wood thrush (Hylocichla
mustelina), blue-gray gnatcatcher (Polioptila caerulea), white-eyed vireo (Vireo griseus),
prothonotary warbler (Prothonotaria citrea), northern parula (Parula americana), yellow-
romped warbler (Dendroica coronata), swamp sparrow (Melospiza georgiana), and white-
throated sparrow (Zonotrichia albicollis).
No terrestrial reptile or amphibian species were observed within the study corridor. Species
that might be expected in this habitat are Fowler's toad (Bufo woodhousei), eastern box turtle
(Terrapene carolina), ringneck snake (Diadophis punctatus), rat snake (Elaphe obsoleta),
rough green snake (Opheidrys aestivus), and timber rattlesnake (Crotalus horridus).
b) Aquatic
The empty shell of an eastern mud turtle (Kinosternon subrubrum) was observed during the
field survey. Merchants Millpond provides suitable habitat for many aquatic and semi-
aquatic reptiles including snapping turtle (Chelydra serpentina), eastern musk turtle
(Sternotherus odoratus), Florida cooter (Chrysemys floridana), painted turtle (Chrysemys
picta), yellowbelly slider (Chrysemys scripta), spotted turtle (Clemmys guttata), redbelly
water snake (Nerodia erythrogaster), rainbow snake (Farancia erytrogramma), cottonmouth
(Agkistrodon piscivorus), and mud snake (Farancia abacura). Typical amphibian species for
this habitat type include greater siren (Siren lacertina), lesser siren (Siren intermedia), dwarf
mudpuppy (Necturus punctatus), marbled salamander (Ambystoma opacum), southern dusky
salamander (Desmognathus auriculatus), two-toed amphiuma (Amphiuma means), mud
salamander (Pseudotriton montanus), many-lined salamander (Stereochilus marginatus),
green treefrog (Hyla cinerea), barking treefrog (Hyla gratiosa), little grass frog (Limnaoedus
ocularis), Brimley's chorus frog (Pseudacris brimley), bullfrog (Rana catesbeiana), and
11
southern leopard frog (Rana utricularia). No mollusks or arthropods were observed, but
many crayfish chimneys were found in the study corridor.
No sampling was undertaken in Merchants Millpond to determine fishery potential. Small
minnows were seen during visual surveys, but no larger fish were noted. Species which may
be present in Merchants Millpond or Bennetts Creek include longnose gar (Lepisosteus
osseus), bowfin (Amia calva), gizzard shad (Dorosoma cepedianum), golden shiner
(Notemigonus crysoleucas), creek chubsucker (Erimyzon oblongus), brown bullhead
- -(Ameiurus nebulosus), tadpole madtom (Noturus gyrinus), redfin pickerel (Esox americanus), -- - -
swampfish (Chologaster cornuta), banded killifish (Fundulus diaphanus), mud sunfish
(Acantharchus pomotis), blackbanded sunfish (Enneacanthus chaetodon), black crappie
(Pomoxis nigromaculatus), swamp darter (Etheostoma fusiforme), and yellow perch (Perca
flavescens).
Since the project is in the Coastal Plain and includes.the crossing of a stream delineated on
the most recent USGS 7.5 minute topographic quadrangle, anadromous fish passage should
be considered in the timing of any proposed in-stream activities associated with bridge
replacement. Design and scheduling of bridge replacement should avoid the necessity of in-
stream activities during the spring migration period. The N.C. Division of Marine Fisheries
has requested an in-water work moratorium from February 15 to June 30 (letter of July 13,
2000).
c) Anticipated Impacts to Wildlife
Due to the limited extent of infringement on natural communities, the proposed bridge
replacement will not result in substantial loss or displacement of known terrestrial animal
populations. No substantial habitat fragmentation is expected since most permanent
improvements will be restricted to or adjoining existing roadside margins. Construction noise
and associated disturbances will have short-term impacts on avifauna and migratory wildlife
movement patterns. Long-term impacts are expected to be inconsequential for Alternate A,
with longer recovery periods expected for Alternates C and D. After removal of existing
bridge structures and associated fill, the area will be replanted. Potential impacts to down-
stream aquatic habitats will be avoided by bridging the systems to maintain regular flow and
stream integrity. Short-term impacts associated with turbidity and suspended sediments will
affect benthic populations. Temporary impacts to downstream habitats from increased
sediment during construction will be minimized by the implementation of stringent erosion
control measures.
E. Special Topics
1. "Waters of the United States": Jurisdictional Issues
Surface waters within the embankments of Bennetts Creek and Merchants Millpond are subject to
jurisdictional consideration under Section 404 of the Clean Water Act as "waters of the United
States" (33 CFR section 328.3). Merchants Millpond is an impoundment of Bennetts Creek. The
substrate of Merchants Millpond is composed of accumulated organic material and mud,
underlain by mineral soils. Bennetts Creek can be characterized as a perennial blackwater stream
system with an unconsolidated bottom of sand and mud.
Wetlands adjacent to Bennetts Creek and Merchants Millpond are subject to jurisdictional
consideration under Section 404 of the Clean Water Act as "waters of the United States" (33 CFR
section 328.3). These areas are defined by the presence of three primary criteria: hydric soils,
hydrophytic vegetation, and evidence of hydrology at or near the surface for a portion (12.5
12
percent) of the growing season (DOA 1987). NWI mapping indicates that the floodplain of
Bennetts Creek contains wetlands that exhibit characteristics of a palustrine, broad-leaved,
deciduous forest system that is seasonally flooded (PFO 1 Q. Also included in the study corridor,
within Merchants Millpond, are palustrine, deciduous, semipermanently flooded wetlands, some
of which are impounded (PF06F, PF06Fh); and palustrine forested deciduous, intermittently
exposed wetlands that are diked or impounded (PF06Gh) (Cowardin et al. 1979). These map
units correspond to the plant communities described in this report as Cypress-Gum Swamp and
Coastal Plain Small Stream Swamp habitat. Jurisdictional areas delineated and mapped roughly
correspond to the NWI map units. Vegetated wetlands occur on both sides of Bennetts Creek and
extend into Merchants Millpond, which supports emergent cypress, water tupelo, and other
aquatic plant species. Wetlands are isolated from the road, which has been built on an
embankment. Wetland and stream areas and reaches proposed to be affected by Alternates A, C,
and D are listed in Table 2.
TABLE-1,
JURISDICTIONAL AREA WITHIN CONSTRUCTION LEVHTS
Acres:
Alternate A
Jurisdictional Type referred Alternate C 'Alternate
D
Wetland area 0.03 2.14 2.98
able 2: Potentially affected areas of iurisdictional wetlands located within the alternative rieht-of-wavs.
Permanent impacts to wetlands result from proposed cut-and-fill areas and from construction
easements and the existing bridge and roadway footprint to be removed.
Additional permanent encroachment beyond design plans will be avoided. Each alternative
involves additional fill in the Bennetts Creek floodplain, downstream of Bridge No. 16. Alternate
A proposes permanent impacts less than one acre of jurisdictional areas, while Alternates C and D
individually propose permanent impacts to greater than two acres of jurisdictional areas.
Compensatory mitigation is presumed to be required for impacts exceeding 0.1 acre.
For all three build alternatives, there is no potential that components of the existing bridge may be
dropped into "waters of the United States" during demolition. In consideration of surface water
impacts, this project can be classified as Case 2, where no in-stream work may occur during
moratorium periods (February 15 to June 30) due to anadromous fish migration. In addition,
restrictions outlined in Best Management Practices for Protection of Surface Waters must be
followed. NCDOT will coordinate with the various resource agencies during project planning to
ensure that all concerns regarding bridge demolition are resolved.
2. Permits
a) Section 404 of the Clean Water Act
This project is being processed as a Categorical Exclusion (CE) under Federal Highway
Administration (FHWA) guidelines. The COE has made available Nationwide Permit
(NWP) No. 23 (67FR 2019, 2095; January 15, 2002) for CEs due to minimal impacts
expected with bridge construction. Activities under this permit are categorically excluded
from environmental documentation because they are included within a category of activities
that neither individually nor cumulatively have a significant effect on the human and natural
environment. Activities authorized under nationwide permits must satisfy all terms and
conditions of the particular permit.
13
b) Section 401 Water Quality Certification
DWQ has made available a General 401 Water Quality Certification for NWP No. 23.
However, authorization for jurisdictional area impacts through use of this permit will require
written notice to DWQ. In the event that NWP No. 23 will not suffice, minor impacts
attributed to bridging and associated approach improvements are expected to qualify under
General Bridge Permit 031 issued by the Wilmington COE District.
c) Bridge Demolition and Removal
If no practical alternative exists to remove the current bridge other than to drop it into the
water, prior to removal of debris off-site, fill related to demolition procedures will be
considered during the permitting process. A worst-case scenario should be assumed with the
understanding that if there is any other practical method available, the bridge will not be
dropped into the water. For all three build alternatives, there is no potential that components
of the existing bridge may be dropped into "waters of the United States" during demolition.
Permitting will be coordinated such that any permit needed for spillway and bridge
construction will also address issues related to demolition of these structures.
d) Coast Guard
The Coast Guard Authorization Act of 1982 exempts bridge projects from Coast Guard
bridge permits when the bridge project crosses nontidal waters that are not used, susceptible
to use in their natural condition, or susceptible to use by reasonable improvement as a means
to transport interstate commerce. Therefore, this bridge project is exempt, and will not
require a Coast Guard Bridge Permit (Appendix).
e) Coastal Area Management Act
The proposed project will occur in one (Gates) of the 20 counties covered by the Coastal
Area Management Act (CAMA). The project will avoid Area's of Environmental Concern
(AEC's), and N.C. Department of Coastal Management(DCM) will review the project
application for consistency with the coastal management program.
3. Mitigation
Compensatory mitigation is recommended for this project due to the scope and nature of potential
project impacts. Fill or alteration of streams will require compensatory mitigation in accordance
with 15 NCAC 2H.0506(h). Required permits must be obtained from the Division of Water
Quality prior to project initiation. Utilization of BMPs is recommended in an effort to minimize
impacts.
Mitigation has been defined in National Environmental Policy Act (NEPA) regulations to include
efforts which: a) avoid, b) minimize, or c) compensate for adverse impacts to the environment (40
CFR 1598.22 (a-e)).
Avoidance. Jurisdictional areas exist on both sides of the existing SR 1400 and Bridge No. 16,
so complete avoidance is not possible. The elimination of staging areas in lowland sites, careful
containment of hazardous materials near Bennetts Creek and Merchants Millpond, and
employment of strict erosion and sedimentation control procedures are practices which can be
used to avoid impacts to jurisdictional areas. Existing stream crossings cannot be avoided by
facility improvements.
14
1
Minimization. The replacement of the existing bridge in the existing location will minimize
wetland losses. Reduction of fill slopes and canopy removal in or near floodplain systems will
reduce unnecessary wetland losses.
Compensation. Compensatory mitigation is recommended for all unavoidable losses. Few on-
site opportunities are available however; restoration opportunities in or near the project corridor
should be investigated for mitigation potential. A final determination regarding mitigation rests
with the COE and DWQ.
F. Rare and Protected Species
1. Federally Protected Species
Species with the federal classification of Endangered, Threatened, or officially Proposed for such
listing are protected under the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C.
1531 et seq.). The term "Endangered species" is defined as "any species which is in danger of
extinction throughout all or a significant portion of its range", and the term "Threatened species"
is defined as "any species which is likely to become an Endangered species within the foreseeable
future throughout all or a significant portion of its range" (16 U.S.C. 1532). The designation
Threatened (S/A) denotes species that are Threatened Due to Similarity of Appearance. This
species is threatened due to similarity of appearance with other rare species and is listed for its
protection. These species are not biologically endangered or threatened and are not subject to
Section 7 consultation. Federally protected species listed for Gates County (May 31, 2002 FWS
list) are listed in Table 3.
Tab*3
Species name and status for federally-protected species
in: Gates Coun ' e> _the. Ma 31 2002 FW S list,
Common Name Scientific Name Federal Status
American alligator Alligator mississippiensis Threatened (S/A)
Red-cockaded woodpecker Picoides borealis . Endangered
American alligator - American alligator is listed as threatened based on the similarity in
appearance to other federally listed crocodilians; however, there are no other crocodilians within
North Carolina. American alligators can be found in a variety of freshwater to estuarine aquatic
habitats including swamp forests, marshes, large streams and canals, and ponds and lakes.-
The American alligator is believed to be absent north of Albemarle Sound (Martof et al. 1980).
NHP records document no occurrences of the American alligator within five miles (eight
kilometers) of the study corridor, and none were observed during the site visit.
T S/A species are not subject to Section 7 consultation and a biological conclusion is not
required. However, this project is not expected to affect the American alligator.
Red-cockaded Woodpecker - This small woodpecker (seven to 8.5 inches [ 18 to 22 centimeters]
long) has a black-head, prominent white cheek patch, and black-and-white barred back. Males
often have red markings (cockades) behind the eye, but the cockades may be absent or difficult to
see (Potter et al. 1980). Primary habitat consists of mature to over-mature southern pine forests
dominated by loblolly, long-leaf (P. palustris), slash (P. elliottii), and pond (P. serotina) pines
(Thompson and Baker 1971). Nest cavities are constructed in the heartwood of living pines,
generally older than 70 years that have been infected with red-heart disease. Nest cavity trees
15
tend to occur in clusters, which are referred to as colonies (FWS 1985). The woodpecker drills
holes into the bark around the cavity entrance, resulting in a shiny, resinous buildup around the
entrance that allows for easy detection of active nest trees. Pine flatwoods or pine-dominated
savannas that have been maintained by frequent natural fires serve as ideal nesting and foraging
sites for this woodpecker. Development of a thick understory may result in abandonment of
cavity trees. The woodpeckers utilize pine stands in close proximity to the colony site for
foraging. Foraging areas, depending on the quality of habitat, have been found to range from 84
acres to over 409 acres. Food sources include wood-boring insects, grubs, beetles, corn worms
-- and other invertebrates found within 0.5 miles of the colony site. Pines greater than 30 years of
age dominate stands, preferred by foraging birds„ although mixed pine/hardwood stands are also
used.
The study area contains scattered loblolly pine trees, including a few specimens that are possibly
old enough to be cavity tree candidates or foraging areas for red-cockaded woodpeckers.
However, the Cypress-Gum Swamp and Coastal Plain Small Stream Swamp communities in the
study corridor consist mostly of hardwoods. The existence of a well-developed subcanopy and
sporadic shrub layer would discourage red-cockaded woodpecker nesting and foraging within the
study corridor. According to NHP records, red-cockaded woodpeckers have been documented
approximately 1.1 miles southeast and 2.8 miles south of the study corridor. No red-cockaded
woodpeckers were observed during the field visit.
BIOLOGICAL CONCLUSION: The study corridor contains no suitable foraging or
nesting habitat for red-cockaded woodpeckers. NHP records document no occurrences of
red-cockaded woodpeckers within one mile of the study corridor. Based on NHP
records, field observations, and professional judgement, the impact of this project on the
red-cockaded woodpecker is NO EFFECT.
2. Federal Species of Concern
The May 31, 2002 FWS list also includes a category of species designated as "Federal species of
concern" (FSC) in Gates County. A species with this designation is one that may or may not be
listed in the future (formerly C2 candidate species or species under consideration for listing for
which there is insufficient information to support listing). A list of FSC species occurring in
Gates County is given in Table 4.
16
Table: 4
Species name, habitat potential within the study corridor, and state status
for species federally designated as FSC within Gates County.

Common Name
Scientific Name Potential
Habitat State
Status"
Henslow's sparrow Ammodramus henslowi No SR
Rafinesque's big-eared bat Corynorhinus (Plecotus) rafinesquii Yes T
Tidewater interstitial amphipod Stygobromus araeus Yes NL
Chapman's sedge Carex chapmanii Yes S3
Pondspice Litsea aestivalis Yes SR-T
Conferva pondweed Potamogeton confervoides Yes SR-D
Virginia least trillium Trillium pusillum var. virginianum Yes E
"State Status Codes:
C - Candidate NL - Not Listed SR - Significantly Rare
E - Endangered S3 - Rare or Uncommon W l - Rare, but relatively secure
T - Threatened -T - Throughout -D-Disjunct
The FSC designation provides no federal protection under the ESA for species listed. NHP files
document the occurrence of Rafinesque's big-eared bat immediately adjacent to the study
corridor, and also approximately 2.2 miles to'the west. Rafinesque's big-eared bat has been
recently documented by park rangers at Merchants Millpond State Park as roosting immediately
west of the study corridor, within the floodplain of Bennetts Creek. Conferva pondweed has also
been documented adjacent to the study corridor, within Merchants Millpond.
3. State-Protected Species
Plant and animal species which are on the North Carolina state list as Endangered (E), Threatened
(T), Special Concern (SC), Candidate (C), Significantly Rare (SR), or Proposed (P) (Amoroso
1999, LeGrand and Hall 1999) receive limited protection under the North Carolina Endangered
Species Act (G.S. 113-331 et seq.). and the North Carolina Plant Protection Act of 1979 (G.S.
106-202 et seq.). NHP records document the occurrence of the four-toed salamander
(Hemidactylium scutatum) approximately 0.5 mile north of the study corridor. This amphibian
has a state status of SC (a species of special concern). Other rare plants documented near the
study corridor are water violet (Holtonia inflata), yellow water-crowfoot (Ranunculus
flabellaris), and pale mannagrass (Torreyochloa pallida), all approximately 1.5 miles east of the
study corridor.
NHP documents Merchants Millpond State Park as a Significant Natural Heritage Area.
Significant Natural Heritage Areas are selected on the basis of the occurrence of rare plant and
animal species, rare or high quality natural communities and special animal habitats. Merchants
Millpond State Park has a significance rating of B. This rating denotes statewide significant
natural areas that contain examples of natural communities, rare plant or animal populations, or
geologic features that are among the highest quality or best of their kind in the state. In addition
to the state park, the NHP documents the Chowan SwampBennetts Creek/Catherine Creek
Swamps, 4.2 miles southwest of the study corridor, as a Significant Natural Heritage-Area with a
significance rating of B.
0
17
VI. CULTURAL RESOURCES
A. Compliance Guidelines
This project is subject to compliance with Section 106 of the National Historic Preservation Act
of 1966, as amended, and implemented by the Advisory Council on Historic Preservation's
Regulations for Compliance with Section 106, codified as 36 CFR Part 800. Section 106 requires
Federal agencies to take into account the effect of their undertakings (federally funded, licensed,
or permitted projects) on properties listed in or eligible for. inclusion in. the National Register-of- - ---- -
Historic Places and to afford the Advisory Council on Historic Preservation a reasonable
opportunity to comment on such undertakings.
B. Historic Architecture
A field survey of the Area of Potential Effects (APE) was conducted on July 2, 1999. All
structures within the APE were photographed, and later reviewed by the State Historic
Preservation Office (HPO). In a concurrence form dated October 27, 2000 the HPO concurred
that there are no historic architectural resources either listed in or eligible for listing on the
National Register of Historic Places within the APE. A copy of the concurrence form is included
in the Appendix.
C. Archaeology
The SHPO, in a memorandum dated August 15, 2000, recommended "no archeological
investigation be conducted in connection with this project". A copy of the SHPO memorandum
is included in the Appendix.
VII. SECTION 4(f) RESOURCES
This project consists of the replacement of Bridge No. 16 over Merchants Millpond on SR 1400 in Gates
County. Bridge No. 16 is located within Merchants Millpond State Park. The park was established in
1973 and encompasses more than 3,250 acres. The park is a unique mingling of coastal pond and
southern swamp forest. The park offers canoeing, camping, fishing, hiking and bird watching among its
activities.
Since all bridge approach work will be contained within the existing right of way there is no use of 4(f)
resources.
Planning and coordination was undertaken with the Division of Parks and Recreation to incorporate their
recommendations into the project.
The following items were agreed upon:
1. The preferred alternate replaces the bridge in its existing location, therefore minimizing impacts
to the environment.
2. A cored slab bridge structure will be utilized with a concrete barrier separating the attached
walkways from the roadway.
3. The existing walkways will be replaced.
4. The guardrail will consist of weathered steel, the bridge railing will be anodized, and a colored
additive will be mixed in the concrete to make the new bridge more aesthetically pleasing.
5. The lanes have been reduced from 12-foot to 11-foot.
6. Deck drains will not be allowed to discharge directly into the water or main channel.
18

7. The existing dilapidated timber spillway structure will be replaced and ownership will be given to
the Division of Parks and Recreation.
8. The existing stairway to the canoe deck will be readjusted if necessary.
VIII. ENVIRONMENTAL EFFECTS
The project is expected to have an overall positive impact. Replacement of an inadequate bridge will
result in safer traffic operations.
The project is a Federal "Categorical Exclusion" due to its limited scope and lack of significant
environmental consequences.
The bridge replacement will not have an adverse effect on the quality of the human or natural
environment with the use of current NCDOT standards and specifications.
The project is not in conflict with any plan, existing land use, or zoning regulation. No significant change
in land use is expected to result from construction of the project.
No adverse impact on families or communities is anticipated. Right of way acquisition will be limited.
No relocatees are expected with implementation of the proposed alternative.
No adverse effect on public facilities or services is anticipated. The project is not expected to adversely
affect social, economic, or religious opportunities in the area.
The bridge is surrounded by Merchants Millpond State Park, which includes a parking lot, rest rooms,
canoe rentals, an office, picnic areas, nature trails, and a boat launch that is located approximately 240
feet south of the bridge. All proposed work, except for a portion of a new spillway structure, will be
within the existing highway right of way.
No North Carolina Geodetic Survey control monuments will be impacted during construction of this
project.
The Farmland Protection Policy Act requires all federal agencies or their representatives to consider the
potential impacts to prime and important farmland soils by all land acquisition and construction projects.
Prime and important farmland soils are defined by the Natural Resources Conservation Service (MRCS).
Since there are no prime or important farmlands in the immediate vicinity of the proposed bridge the
Farmland Protection Policy does not apply.
This project is an air quality "neutral project, so it is not required to be included the regional emission
analysis (if applicable) and a project level CO analysis is not required.
This project is located in Gates County, which.has been determined to be in compliance with the National
Ambient Air Quality Standards. 40 CFR Part 51 is not applicable, because the proposed project is located
in an attainment area. This project is not anticipated to create any adverse effects on the air quality of this
attainment area.
The traffic volumes will not increase or decrease because of this project. There are no receptors located
in the immediate project area. The project's impact on noise and air quality will not be significant.
Noise levels could increase during construction but will be temporary. If vegetation is disposed of by
burning, all burning will be done in accordance with applicable local laws and regulations of the North
Carolina SIP for air quality in compliance with 15 NCAC 2D.0520. This evaluation completes the
19
assessment requirements for highway traffic noise (23 CFR Part 772) and for air quality (1990 CAAA
and NEPA) and no additional reports are required.
An examination of records at the North Carolina Department of Environment and Natural Resources,
Division of Water Quality, Groundwater Section and the North Carolina Department of Human
Resources, Solid Waste Management Section revealed no hazardous waste sites, no regulated or
unregulated landfills or dumpsites with in the project area. No facility with Underground Storage Tanks
(UST) was identified in the project vicinity.
Gates County is a participant in the National Flood Insurance Regular Program. This site on the Bennetts
Creek is included in a detailed F.E.M.A. flood study. Attached is a copy of the Flood Insurance Rate
Map, on which are shown the approximate limits of the 100-year flood plain in the vicinity of the project
(Figure 5). The structure requirements may be adjusted during the final hydrologic study and hydraulic
design as determined appropriate to accommodate design flows. The proposed alternatives will not
modify flow characteristics and will have minimal impact on floodplains due to roadway encroachment.
The existing drainage patterns and groundwater will not be affected.
On the basis of the above discussion, it is concluded that no significant adverse environmental effects will
result from implementation of the project.
IX. PUBLIC INVOLVEMENT
Efforts were undertaken early in the planning process to contact local officials to involve them in the
project development with scoping letters and newsletters. A Citizens Informational Workshop was held
for this project on October 8, 2002 at Gates, County High School where preliminary alternatives were
reviewed and discussed with concerned citizens and local officials. Attendance at the Citizen's workshop
included approximately twelve local citizens. No written comment sheets were received concurring with
the preferred alternate A, and no one attending the meeting presented any objections to the preferred
alternate A.
X. AGENCY COMMENTS
1. North Carolina Wildlife Resource Commission (NCWRC)
Comment: "Bridge deck drains should not discharge directly into the stream. "
Response: Deck drains will not be allowed to discharge directly into the water or main channel.
2. Gates County Schools
Comment: "It would be most helpful if we could notified a week in advance before work begins
on the bridge so that we will have ample time to reroute our buses. "
Response: School and emergency management officials will be notified in writing that the
preferred alternate will involve road closure and of the proposed detour route.
3. NCDENR - Division of Marine Fisheries (DMF)
Comment: "Since all of the areas are spawning areas for anadromous fish, the Division requests
an in-water work moratorium: This would include removal and new construction. The requested
moratorium timeframe is February 15 through June 30. "
Response: See Project Commitments.
20
4. NCDENR - Division of Parks and Recreation (DPR)
Comment: "The biggest concern our Division had with any of the four plans that they did not
address the wooden dam or spillway that is attached to the existing bridge. "
Response: The proposed plans have been revised. The spillway will be replaced upstream of the
existing spillway. The Division of Parks and Recreation will grant permanent easement to the
North Carolina Department of Transportation as needed.
Comment: "We would suggest that it might be more economical to have a separate walk way
independent from the bridge due to traffic safety reasons and appearance sake. "
Response: A cored slab bridge structure will be utilized with a concrete barrier separating the
attached walkways from the roadway.
Comment: "Our Division prefers the guard rail to be constructed of weathering steel (corteen
steel) instead of galvanized steel. "
Response: The guardrail will consist of weathered steel and the bridge railing will be anodized.
Comment: "Can another material other than concrete be substituted in lieu of the concrete
columns (like steel piles to support, the structure). "
Response: NCDOT's Geotechnical and Soils & Foundations units will investigate the use of steel
piles for this project. Also, a colored additive will be utilized to make the bridge concrete rails
more aesthetically pleasing.
Comment: "...there should be a chain link barrier between the vehicles and the fisherman if this
cannot be separated from the bridge. "
Response: The walkways will, be separated by a concrete barrier from the bridge.
Comment: "Please follow all state erosion and sedimentation controls on all disturbed areas.
Response: NCDOT's Guidelines for Best Management Practices for the Protection of Surface
Waters will be utilized and all state erosion and sedimentation controls followed.
Comment: "The existing canoe loading dock on Bennett's Creek, that. was built by the Stewards
of Bennett's Creek (and funded by a public grant), should be relocated.... "
Response: The canoe loading dock should not be affected by the preferred Alternate A.
Comment: "Since this area has been historically a heavily fished area, should the Wildlife
Resources Commission staff be allowed to review these plans?
Response: The Wildlife Resources Commission commented on this project in .a letter dated
6/8/01.
Comment: "We prefer the construction start in the early summer, say June, and run through the
winter months if possible."
21

Response: There is a construction moratorium from February 15 thru June 30 for anadramous
fish spawning and construction will be coordinated with this moratorium.
Comment: "The bridge access right of way has raised concerns with our natural resource
section about how the easements will be handled... "
Response: The Division of Parks and Recreation has since agreed to grant permanent easement
to the North Carolina Department of Transportation as needed.
Comment: "The posted bridge speed limit is 35 mph and we prefer it to remain that way..."
Response: The preferred Alternate A has a design speed of 50 mph. A change in the posted
speed limit is not anticipated.
Comment: "Complete removal of the old bridge and the wooden substructure underneath it and
other wooden debris is recommended. "
Response: Only the existing bridge and spillway will be removed.
22
APPENDIX A
FIGURES
s '
1279 p y.y 1314 MOQ.ef S.oa9
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• <, NORTH CAROLINA
DEPARTMENT OF TRANSPORTAmm
PROJECT DEVELOPMENT &
ENVIRONMENTAL ANALYSIS
GATES COUNTY
BRIDGE NO. 16 ON SR 1400
OVER BEAM77S CREEK
(MERCHANTS MILLPOND)
TIP NO. B-3640
VICINITY MAP
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B-3640
Replacement of Bridge
No. 16 on SR 1400
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B-3640
Replacement of Bridge
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FEMA FLOOD STUDY 100 YEAR FLOOD PLAIN
Panel No. 370103 0150 B
Date: July 16, 1991 2000 fL 0 2000 ft
Street Name: SR 1123
Gates County, North Carolina Approximate Scale FIGURE 5
APPENDIX B
CORRESPONDENCE
c t
RECORD OF CONTACT
DATE: 7/11/01
CONTACT WITH: Mike Bell, Corps of Engineers - Washington Office
SUBJECT: Bridge Group 27 Scoping comments(B-3612, B-3626, B-3640, B-3684, B-3685, B-
3711, B-3712, B-3809, B-3810, and B-3871)
VIA: Telephone 1:00 pm
DISCUSSED: He said he agreed with the specific comments for each bridge from David
Cox's(from the North Carolina Wildlife Resource Commission) letter dated 6/08/2001 (included
in appendix) and the general comments from David Franklin's (of the Corps of Engineers) letter
dated 8/212000 (included in appendix). He will not be sending out a letter.
Signed: gms=el Greg Purvis, Wang Engineering

_ North qarqka2ildlife Resources Con m - lion
Chides R Fullaood, Executive Director
TO: Stacy Harris, PE
Project Engineer, NCDOT
FROM: David Cox, Highway Project i for
FT- Habitat Conservation pro
DATE: June 8, 2001
SUBJECT: NCDOT Bridge Replacements in Duplin, Bertie, Carteret, Gates, Pitt, Wayne,
Beaufort, Martin, Onslow, and Pender counties of North Carolina. TIP Nos.
13-3449, B-3612, B-3626, B-3640, B-3684, B-3685, B-3711,13-3712, B-3809,,B-
3810, B-3871, B-3884, and B-3887. _
Biologists with the N. C. Wildlife Resources Commission (NCWRC) have reviewed the
information provided and have the following preliminary comments on the subject project. Our
comments are provided in accordance with provistons of the National Environmental Policy Act
(42 U.S.C. 4332(2)(c)) and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16
U.S.C. 661-6674).
On bridge replacement projects of this scope our standard recommendations are as
follows:
L We generally prefer spanning structures. Spanning structures usually do not rryuire
work within the stream and do not require stream channel realignment. The orizontal
and vertical clearances provided by bridges allows for human and wildlife pahssage
beneath the structure, does not block fish passage, and does not block navigation by
canoeists and boaters.
2. Bridge deck drains should not discharge directly into the stream.
3. Live concrete should not be allowed to contact the water in or entering into the stream.
4. If possible, bridge supports (bents) should not be placed in the stream.
5. If temporary access roads or detours are constructed, they should be removed back to
original ground elevations immediately upon the completion of the project. Disturbed
areas should be seeded or mulched to stabilize the soil and native tree species should
be planted with a spacing of not more than I O'x 10'. If possible, when using temporary
Mailing Address: Division of Inland Fsheries - 1721 Mail Service Center - Raleigh, NC 27699=1721
Telephone: [phone] ext. 281'- Fax: [phone]
Bridge Memo
June 8, 2001
structures the area should be cleated but not grubbed. Clearing the area with chain
saws, mowers, bush-hogs, or other mechanized equipment and leaving the stumps and
root mat intact, allows the area to revegetate naturally and minimizes disturbed soil.
6. A clear bank (riprap free) area of at least 10 feet should remain on each side of the
steam underneath the bridge.
7. In trout waters, the N.C. Wildlife Resources Commission reviews all U.S. Army
- Corps of Engineers nationwide and general `404' permits. We have the option of
requesting additional measures to protect trout and trout habitat and we can
recommend that the project require an individual '404' permit.
8. In streams that contain threatened or endangered species, NCDOT biologist Mr. Tim
Savidge should be notified. Special measures to protect these sensitive species may be
required. NCDOT should also contact the U.S. Fish and Wildlife Service for
information on requirements of the Endangered Species Act as it relates to the project.
9. In streams that are used by ana&omous fish, the NCDOT official policy entitled
"Stream Crossing Guidelines for Anadromous Fish Passage (May 12, 1997)" should
be followed.
10. In areas with significant fisheries for sunfish, seasonal exclusions may also be
recommended.
11. Sedimentation and erosion control measures sufficient to protect aquatic resources _
must be implemented prior to any ground disturbing activities. Structures should be
maintained regularly, especially following rainfall events.
12. Temporary or permanent herbaceous vegetation should be planted on all bare soil
within 15 days of ground disturbing activities to provide long-term erosion control.
13. All work in or adjacent to stream waters should be conducted in a dry work area.
Sandbags, rock berms, coMidams, or other diversion structures should be used
where possible to prevent excavation in flowing water.
14. Heavy equipment should be operated from the bank rather than in stream channels in
order to minimize sedimentation and reduce the likelihood of introducing other
pollutants into streams.
1 S. Only clean, sediment-free rock should be used as temporary
should be removed without excessive disturbance of the nturfill al stream b tom when
construction is completed.
16. During subsurface investigations, equipment should be inspected daily and
maintained to prevent contamination of surface waters from leaking fuels, lubricants,
hydraulic fluids, or other toxic materials.
1 r corrugated metal pipe arches, reinforced concrete pipes, or concrete box culverts are
used:
1. The culvert must be designed to allow for fish passage. Generally, this means that the
culvert or Pile invert is buried at least 1 foot below the natural stream bed. If
multiple cells are required the second and/or third cells should be placed so that their
- - - . -C
Bridge Memo 3
June 8, 2001
bottoms are at stream bankful stage (similar to Lyonsfield design). This could be
accomplished by constructing a low sill on the upstream end of the other cells that
will divert low flows to another cell. This will allow sufficient water depth in the
culvert or pipe during normal flows to accommodate fish movements. If culverts are
long, notched baffles should be placed in reinforced concrete box culverts at 15 foot
intervals to allow for the collection of sediments in the culvert, to reduce flow
velocities, and to-provide resting places for fish and other aquatic organisms moving
through the structure.
If multiple pipes or cells are used, at least one pipe or box should -be designed to
remain dry during normal flows to allow for wildlife passage.
Culverts or pipes should be situated so that no channel realignment or widening is
required. Widening of the stream chamiel at the inlet or outlet of structures usually
causes a decrease in water velocity causing sediment deposition that will require future
maintenance.
4. Riprap should not be placed on the stream bed.
In most cases, we prefer the replacement of the existing structure at the same location
with road closure. If road closure is not feasible, a teo
located to avoid wetland impacts, minimize the need frcleaarrindetour should be dined g and to avoid destabiliiii gd
stream banks. If the structure will be on a new alignment, the old structure should be removed
and the approach fills removed from the 100-year flood lain. Approach down to the natural gmund elevation. The area should be stabilid with grass and planted with
native tree species. If the area that is reclaimed was previously wetlands; NCDOT should restore
the area to wetlands. If successful, the site may be used as wetland mitigation for the subject
project or other projects in the watershed.
Project specific comments:
L B-3449 - Duplin County - Bridge No. 204 over Northeast Cape Fear River. Due to the
potential for anadromous fish at this location, NCDOT should closely follow the "Stream
Crossing Guidelines for Anadromous Fish Passage". This includes an in-water work
moratorium from I+cbruary l to June 15 for areas where there is the potential for Shortnose
sturgeon, an endangered species. We request that High Quality Sedimentation and Erosion
Control Measures be used due to the presence of HQW waters.
2. 13-3612 - Bertie County - Bridge No. 143 over a branch of Indian Creek. Due to the potential
for tuiadromous fish at this location, NCDOT should closely follow the "Stream Crossing
Guidelines for Anadromous Fish Passage". This includes an in-water work moratorium from
February 15 to June 15. We are not aware of any threatened of endangered species in the,
project vicinity. NCDOT should be aware that NCWRC his designated NCWRC gamelands
in the vicinity of this bridge. Impacts to gameland properties should be avoided.
3. B-3626 -Carteret County -Bridge No. 26 over a branch of the New Port River. Standard
comments apply. We are not aware of any threatened of endangered species in the project
vicinity.
4. R-3640 -Gates County -Bridge No. 16 over Merchant's Mill Pond. Standard' comments
al)P)Y• We are not aware of any threatened of endangered species in the project vicinity.
Bridge Mcmo 4 June R, 2001
5. 13-3684 Pitt County- Bridge No. 129 over Tar River. Due to the potential for anadromous
fish at this location, NCDOT should closely follow the "Stream Crossing Guidelines for
Anadrornous Fish Passage". This includes an in-water work moratorium from February 15 to
Junc 15. We are not aware of any threatened of endangered species in the project vicinity.
Standard comments apply.
6. B-368S - Mitt County - Bridge No. 30 over Green Mill Run. Due to the potential for
anadromous fish at this location, NCDOT should closely follow the "Stream Crossing
Guidelines for Anadromous Fish Passage". This includes an in-water work-moratofium from
February 15 to June 15. We are not aware of any threatened of endangered species in the
project vicinity. Standard comments apply.
7. 8-3711 - Wayne County - Bridge No. 42 over the Neuse River Ovcrllow. Due to the
potential for anadromous fish at this location, NCDOT should closely follow the "Stream
C:rnssing Guidelines for Anadromous Fish Passage". This includes an in-water work
moratorium from February 15 to June I S. We are not aware of any threatened of endangered
species in the project vicinity. Standard comments apply.
8. B-3712 • Wayne County - Bridge No 88 over Falling Creek. Standard comments apply. We
are not aware of any threatened of endangered species in the project vicinity.
9. B-3809 - Beaufort County - Bridge No. 64 over Pungo Creek. Due to the potential for
anadromous fish at this location, NCDOT should closely follow the "Stream Crossing
Guidelines for Anadromous Fish Passage". This includes an in-water work moratorium from
February 15 to June 15. We are not aware of any threatened of endangered species in the
project vicinity. Standard comments apply.
10. 13-3810 -Beaufort County -Bridge No. 272 over Big Swamp. Standard comments apply.
We are not aware of any threatened of endangered species in the project vicinity.
11. B-3871 - Martin County - Bridge No. 64 over Dog Branch. Due to the potential for
anadromous fish at this location NCDOT should closely follow the "Stream Grossing
Guidelines for Anadroatous Fish Passage". This includes an in-water work moratorium from
February 15 to June 15. We are not aware of any threatened of endangered species in the
project vicinity. Standard comments apply.
12.B-3884 01131OW County -Bridge No. 40 over Squires Run. Due to the potential for
anadromous fish at this location, NCDOT should closely follow the "Stream Crossing
Guidelines for Anadromous Fish Passage". This includes an in-water work moratorium from
February15 to June 15. We are not aware of any threatened of endangered species in the
project vicinity. Standard comments apply.
13-B-3887 Pender County- Bridge No. 116 over Shaken Creek. Due to the potential for
anadromous fish at this iocation, NCDOT should closely follow the "Stream Crossing
Guidelines for Anadromous Fish Passage,,. This includes an in-water work moratorium from
February 15 to June 15. We are not aware of any threatened of endangered species in the
project vicinity. Standard comments apply.
We. request that NCDOT routinely minimize adverse impacts to fish and wildlife
resources in the vicinity of bridge replacements. The NCDOT should install and maintain
sedimentation control measures throughout the life of the project and prevent wet concrete from
contacting water in or entering into these streams. Replacement of bridges with spanning
structures of some type, as opposed to pipe or box culverts, is recommended in most cases.

Bridge Memo 5
June 8, 2001
Spanning structures allow wildlife passage along streambanks, reducing habitat fragmentation
and vehicle related mortality at highway crossings.
If you need further assistance or information on NCWRC concerns regarding bridge
replacements, pleasc contact me at [phone]. Thank you for the opportunity to review and
comment, on these projects.
Wafgs C11auntLI P.Lxztrr of. (ffm=issivmrz
EDWARD C. MCDumiz, CLERK
(SafesF7ille, Wart4 (garalina 27338
C. SHERWOOD EASON, CHAIRMAN EDWARD C. MCDUFr-IE
GATFSV111 E, NC COUN7Y MANAGER
GATESVR.LE, NC
L FRANK RourcrREE HoaenlE NC TEL. [phone]
FAX [phone]
HOL us F. CREECY
SLINBURY, NC
WILLAM H. HARRELL
EaRE, NC
MARSHA FAuL K LANGSToN
GAT s, NC
July 24, 2000

Mr. William D. Gilmore, P.E., Manager
Project Development. and Environmental Analysis Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina
Dear Mr. Gilmore:
SUBJECT: B-3640, Gates County, Replace Bridge No. 16
on SR 1400 over Merchants Mill Pond
Gates County has a•water line on the.west side of the Merchants
Mill Pond Bridge. This is a 6" ductile iron pipe running below the
bottom of the waterway. Our engineers estimate that it would cost
$35,000.00 to replace if the pipe must be moved or if it is sub-
stantially damaged.
This pipe provides 70 gallons of water per minute to the
southern portion of our county, so any prolonged interruption
would cause severe pressure problems in that area.
Thank you for any consideration you can give us as you design
this project.
Sincerely,
Edward C. McDuffie
Gates County Manager
ECM/wk
U.S. Department
of Transportation
United States
Coast Guard
Commander 431 Crawford Street
United States Coast Guard Portsmouth, Va. 23704-5004
Atlantic Area Staff Symbol: (Aowb)
Phone: [phone]
16590
15 FEB 01
Mr. William D. Gilmore, P.E.
Manager, Project Development and Environmental
Analysis Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina 27699-1548
Dear Mr. Gilmore:
Our Bridge- Staff has reviewed your plans and specifications dated July 3, 2000, for the
replacement of 14 bridges in 10 different counties of North Carolina.
All of the waterways involved in this project are considered navigable waterways of the United
States for Bridge Administration purposes. Must also meet the.criteria for advance approval
waterway set forth in Title 33, Code of Federal Regulations, Section 115.70, at all of the bridge
sites. Advance approval waterways are those that are navigable in law, but not actually
navigated by other than small boats. In such cases, the Commandant of the Coast Guard has
given his advance approval to the construction of bridges across such waterways. The North f
Carolina State projects include bridge #143 over Northeast Cape Fear River, bridge #26 over a
branch of the Newport River, bridge ##16 over Merchants Mill Pond, bridge #30 over Green Mill
Run, bridge 42 over Neuse River, bridge #88 over Falling Creek, bridge #64 over Pungo Creek,
bridge #272 over Big Swamp, bridge #64 over Dog Branch, bridge #40 over Squires Run and
bridge #116 over Shaken Creek which all qualify for the Advance Approval category.
Accordingly, individual Coast Guard bridge permits will not be required for the new bridges
across these waterways.
The fact that a Coast Guard permit will not be required for these advance approval bridges, does
not relieve you of the responsibility for compliance with the requirements of any other Federal,
State, or local agency who may have jurisdiction over any aspect of these projects.
Sincerely,
ANN B. DEATON
Chief, Bridge Administration Office
By direction of the Commander
Fifth Coast Guard District
NCDENR
North Carolina Department of Environment and Natural Resources
Michael F. Easley; Governor Division of Marine Fisheries Preston P. Pate Jr., Director
William G. Ross Jr., Secretary
August 22, 2002
Ms. L. Gail Grimes, P.E., Assistant Manager
North Carolina Department of Transportation
Project Development and Environmental Analysis Branch
1548 Mail Service Center
Raleigh, North Carolina 27699-1548
Dear Ms. Grimes:
I received your letter concerning the replacement of Bridge No. 16 on SR 1400 over
Merchant's Millpond (TIP No. B-3640), Gates County.
The North Carolina Division of Marine Fisheries has conducted anadromous spawning
and nursery area surveys in Bennetts Creek. This agency has documented spawning of blueback
herring and alewife under the existing bridge at the base of the spillway. This documentation
began in the 1970s.
River herring are currently classified as overfished by the North Carolina Marine
Fisheries Commission. As a result of this status a River Herring Fishery Management Plan was
developed by the North Carolina Marine Fisheries Commission in February 2000. An objective3
of the plan is to protect and enhance spawning habitat. The requested in water moratorium time
period, February 15 through June 30, is necessary to ensure the environmental integrity of the
area is protected during critical times of usage by these species.
The Division has already been considerate with the construction moratorium time period.
The standard anadromous moratorium time period' is February 15 through. September 30 for this
area. The requested moratorium allows for an additional three. months of work over the standard.
If you have any questions regarding the Division's comments, please contact me
(252/264-3911).
Sincerely,
Sara E. Winslow
Northern District Manager
Cc: Mike Street, NCDMF
Mike Bell, USACOE
3441 Arendell Street, P.O. Box 769, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www,ncdmf.net
An Fnuai Mnnrtunity I Affirmative Action Emolover - 50 % Recycled 110% post Consumer Paper
Cam' ?
State of North Carolina
Department of Environment
and Natural Resources
Division of Marine Fisheries
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Preston P. Pate, Jr., Director
MEMORANDUM:
C .Y.R„Tt P?_hT ANO NATURAL RCsc. .lRrEs
TO: William D. Gilmore, NCDOT Manager Project Development
and Environmental Branch
FROM: Sara E. Winslow, Biologist SuP ?
ervisi!or ,
SUBJECT: Bridge Replacement Projects - TIP 2000-2006
DATE: July 13, 2000

The North Carolina Division of Marine Fisheries has reviewed the information provided
relative to upcoming bridge replacement projects and submits the following comments. All of
the bridges to be replaced cross documented anadromous spawning areas. These bridges are:
B-3612 Bertie County - Replace No. 143
B-3640 Gates County - Replace No. 16
B-3684 Pitt County - Replace No. 129
B-3685 Pitt County - Replace No. 30
B-3708 Washington/Martin Counties - Replace No. 66
B-3871 Martin County - Replace No. 64
The Division assumes all of the replacements will be with another bridge.
Since all of these areas are spawning areas for anadromous fish, the Division requests
an in-water work moratorium. This would include removal and new construction. The
requested moratorium timeframe is P'ebruary 15 through June 30. This will ensure the
environmental integrity is protected during critical times of usage by these species.
The Division also expresses concern relative to wetland impacts associated with
removal and construction. The importance of wetlands as spawning and nursery areas,
providing food directly and indirectly for aquatic resources and being vital to water quality in the
receiving waters has been well documented.
This agency appreciates the opportunity to comment on the proposal. If you have any
questions relative to the Divisions comments please contact me at [phone].
P.O. 6cx '1739% 11.i1 r ( ?.lu C:t,,% Vir:;.. .-, 2T;57-0 ^`.
A't-r.AA
RCDENR
North Carolina Department of Environment and Natural Resources
Division of Parks and Recreation
Michael F. Easley, Governor William G. Ross, Jr., Secretary Philip K. McKnelly, Director
August 23, 2002
John Wadsworth
NCDOT- Project Development and Environmental Analysis
1548 Mail Service Center
Raleigh, North Carolina 27699- 1548
Subject: B-3640 Bridge at Merchant's Millpond
SR 1400 Millpond Road
Merchants Millpond State Park
Gates County, North Carolina
Dear Mr. Wadsworth:
The N.C. Division of Parks and Recreation (DPR) is in agreement with the following items that pertain to
the above subject project.
1. DPR prefers to replace the bridge in its existing location which will minimize the impact on the
environment.
2. DPR agrees to a core slab bridge structure that will be utilized with a concrete barrier separating the
attached walkways from the roadway. The walkways will be along both sides of
the bridge.
3. DPR agrees for the guard rail to be weathered steel, the bridge railing will be anodized, and a colored
additive will be mixed in the concrete to make the new bridge more aesthetically pleasing.
4. DPR agrees to allow the lanes to be reduced from 12-foot to 11-foot lanes.
5. DPR prefers for the bridge drainage not be allowed to run directly into Bennett's Creek.
The above measures shall greatly reduce the environmental impact of this project. If your department
needs further documentation on these issues, please call me at [phone].
Sincerely,
Alan Jeffreys
Park Engineer, Project Manager
cc: Stacy Harris, PE NCDOT
Greg Purvis, P.E,- Wang Engineering Company, Inc.
Dennis Helms, Park Superintendent, NC Division of State Parks
Lewis Ledford, Superintendent of State Parks, NC Division of State Parks
1615 Mail Service Center, Raleigh, North Carolina 27699-1615
Phone: [phone] \ Fax: [phone] \ Internet: www.nesparks.net
An Rnnal Onnnrhinity % Affirmative. Antinn Fmnlnvrr - ';00/ RPrvrlad \ I00/ Pnet ('nnmimar Pannr
e0,
i-
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Parks and Recreation
Michael F. Easley, Governor William G. Ross, Jr., Secretary Philip K. McKnelly, Director
March 4, 2002
Stacy B. Harris, P.E.
Project Development and Environmental Analysis
N.C. Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina 27699-1548
Subject: Bridge Right of Way
Replacement of Bridge 16 on SR 1400 on Merchant's Millpond State Park
TIP No. B-3640
Gates County
Dear Ms. Harris:
The Division of Parks and Recreation appreciated the opportunity to meet with your staff and Mr.
Conners Division staff on February 27, 2002 to discuss the bridge and spillway issues.
Mr. Simmons, with the Division 'of Dam Safety, was very informative and willing to work with us
on the dam and spillway issue requirements.
In reviewing my files on Friday, I located the information from my meeting on February 23, 1994
with Mr. Ferguson which indicates the Right of Way Section showing the deed, property map,
and a section of the 1941 project plans. The 1941 project plan shows a fee for the purchase of a
100-foot right of way of the dam and spillway for the above subject project. This information
should address the issues and concerns on ownership of the dam and spillway. A copy of this
information is attached with this letter.
Another topic that we discussed briefly at our meeting on Wednesday was the concern for the lost
of wetlands on this project. If we design a spillway that can increase the water height from 6 to 12
inches, could you claim this as net gain in wetland acreage and be used as a credit in your wetland
mitigation road building program? This may be something that you may want to discuss with
your right of way section. I will discuss it with our department to see if there are any concerns
with this on our end.
1615 Mail Service Center, Raleigh, North Carolina 27699-1615
Phone: [phone] \ Fax: [phone] \ Internet: www.ncsparks.net
An Equal Opportunity \ A innative Action Employer - 50% Recycled \ 10% Post Consumer Paper
? f
Stacy B. Harris
Page 2
March 4, 2002
If you should have any questions, please call me at [phone].
Sincerely, 1
?
Alan e C?
ey
Park Engineer
cc: David Allsbrook, NC Department of Transportation
Don.Conners, Division 1 Division Engineer NC Department of Transportation
Phil McKnelly, Division Director-N.C. Division of Parks and Recreation
Lewis Ledford, Superintendent of State Parks-Division of Parks and Recreation
Dennis Helms, Park Superintendent -Merchant's Millpond State Park
Sue Regier, Chief of Natural Resource Section-Division of Parks and Recreation
February 25, 2002
Stacy B. Harris, P.E.
Project Development and Environmental Analysis
N.C. Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina 27699-1548
Subject: B-3640 Meeting Minutes
Replacement of Bridge 16 on SR 1400 on Merchant's Millpond State Park
TIP No. B-3640
Gates County
Dear Ms. Harris:
Our Merchant's Millpond staff and I'm looking forward to meeting you and your staff to review the items that we
discussed at our meeting on February 8. 2002. It will be better to see the project first hand and discuss any
differences that we might have and to work together to get this project under construction.
Two representatives from the NC Division of Dam Safety should be present at this meeting to discuss the dam and
spillway issues.
You mention in your B-3640 meeting minutes dated 2-15-02 , that I stated that DPR is willing to pay 50-50 in the
costs on the proposed spillway. I don't remember saying it in exactly that manner. 1 do remember saying that we
will pay for any cost for additional improvement to the spillway such as the cost of adding an additional foot to the
spill way and control gates. This could amount to a 50 percent cost share. We will not know this until it can be
designed by a consulting engineer firm and an estimated given. The final funding levels will have to be approved by
our Department's Secretary. I also stated that it would be best for DPR to own and manage the millpond water
level. This also will have to be agreed upon by both Division Secretaries. We can discuss this in further detail at
this meeting.
If you should have any more questions, please call me at 846-9991.
Sincerely,
Alan Jeffreys
Park Engineer
cc: David Allsbrook, NC Department of Transportation
cc: Don Conners, Division 1 Division Engineer NC Department of Transportation
Phil McKnelly, Division Director-N.C. Division of Parks and Recreation
Lewis Ledford, Superintendent of State Parks-Division of Parks and Recreation
Dennis Helms, Park Superintendent -Merchant's Millpond State Park
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Parks and Recreation
Michael F. Easley, Governor William G. Ross, Jr., Secretary Dr. Philip K. McKnelly, Director
January 9, 2002
Stacy B. Harris, P.E.
Project Development and Environmental Analysis
Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina 27699-1548
Subject: Replacement of Bridge 16 on SR 1400 at Merchant's Millpond State Park
TIP No. B-3640
Gates County
Dear Ms. Harris:
Thank you for giving our agency the opportunity to review this important bridge project that is so
critical to the operation of Merchant's Millpond State Park. We appreciate you allowing us the extra
review time because of the December holidays and New Year.
The biggest concern our Division had with any of the four plans was that they did not address the
wooden dam or spillway that is attached to the existing bridge. We had assumed that this was going
to be part of the bridge replacement project costs. Please let us know if this is not the case.
Our Division comments are attached with this letter and address our concerns and recommendations
that will need to be resolved before the project is submitted for bids.
After you review these comments, I would like to meet with you or someone from your staff to
explain and clear up any misunderstanding about them. I will be glad to meet at your office or visit
the park to discuss the comments at the site.
If you should have any questions, please call me.
Sincerely;
AlanJeffr' ys
Park Engineer
cc: David Allsbrook, Department of Transportation
Don Conners, Division 1, Department of Transportation
Phil McKnelly, Director, Division of Parks and Recreation
Lewis Ledford, Superintendent of State Parks, Division of Parks and Recreation
Dennis Helms, Park Superintendent, Merchant's Millpond State Park
1615 Mail Service Center, Raleigh, North Carolina 27699-1615
Phone: [phone] U ax: 919-715-3085 \ Internet: %nawncsparks.net
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NC DIVISION OF PARKS AND RECREATION COMMENTS ON THE NCDOT BRIDGE
NO. 16 LOCATED ON SR 1400 AT MERCHANTS MILLPOND IN GATES COUNTY
SCHEMATIC DRAWINGS ON FOUR ALTERNATE BRIDGE ALIGNMENTS.
DATE: 01-11702
1. The biggest concern that our Division has on all four plans is the lack of information on
tearing out the existing wooden dam/spillway and how this factor will influence the design
of the four Alternate bridge alignments that were presented. I know this is a small part of
the overall project but is critical for the operation of the millpond. This structure should be
concrete with operable flood gates and should be designed to raise the millpond water level
by a foot more than its present elevation. Presently the spillway belongs to NCDOT.
2. All four plans have some advantages and disadvantages that we could agree upon, but
Alternate C was the plan that the majority of our staff selected from the information that
was given with Alternate A being a close second.
3. Plan Alternate C would have the least effect on the disturbance of the existing ground
surface and would be more economical in the .short term to construct. Our Division is very
concerned with the natural resources and the historical use of the area, and this plan would
be far less expensive to construct and reduce the damage to the wetlands on the downstream
side of the bridge. There is also concern with loss of habitat that is associated with the big-
eared bat that is a rare species of bat known to use the area around the bridge site. Plan C
would be less damaging to its habitat. Another species of special concern is conferva
pondweed that grows around the spillway. This species is currently listed on the Federal
Species of Concern, and its protection should be noted in the environmental report that is
being written by your consulting firm.
4. The pedestrian walk ways that are attached to both sides of the bridge currently are not
addressed in your bridge design. It was our Division's understanding that when the existing
bridge was replaced, the pedestrian walkways would be incorporated into the new bridge
design. It does not show this on any of the four plans. Will this be included? We would
suggest that it might be more economical to have a separate walk way independent from the
bridge due to traffic safety reasons and appearance sake. These walk ways can be prefab
designed made of steel that rusts and forms a protective coating of rust that is very attractive
and blends in with the character of the area. I would like to discuss this option with your
bridge designer.
5. Our Division prefers the guard rail to be constructed of weathering steel (corteen steel)
instead of galvanized steel. We want guard rail only on the downstream side of the bridge to
prevent parking on that side of the road.. It appears to be shown this way on the plans.
6. The existing canoe loading deck on Bennett's Creek that was built by the Stewards of
Bennett's Creek (and funded by a public grant) should be relocated down stream on the new
road-of-way by the Department of Transportation.
7.
8.
9
10.
11
12.
We understand the bridge will be a precast core slab concrete bridge.
support the
piles ato other an
. character and historical use ofthe area. Can another
in well with the .
concrete be substituted in lieu of the concrete
the to tingst el type (? rteen) for esthetic purposes
of
structure). All guard rails should be
should be a chain link barrier between the vehicles and the
On the fishing access way, there
ed from the b
fishermen if this cannot be separatudge.
been a heavily fished area, should the Wildlife Resources
Since this area has historically
allowed to review these pl
Commission staff be ans? for probably at least 6 to 9
have to closed y June, and run through the
we realize the road will say
By using Alternate C, summer,
months.- We prefer that construction start in early winter months if possible. Spring is our busiest season.
old bridge and the wooden substructure underneath it and other
Complete removal of the o
wooden debris is recommended. be relocated and installed underground or be
The existing overheapower line needsocated ten feet down stream, it will be too close to
If the bridge is 1
attached to the bridge.
the fisherman access walkway sect f-wa has raised concerns with our natural
azea is includedl about
in the
The budge access right o Y will require the
how the easements will be handled since the Merchant s Tyllpon t-of way
e Nature and Historic Preserve. To trans the Bet this asement ri way
'le h done. Please contact Sue
state approval and could take a
Council of State ' Division at [phone] and she will be able to explain theright-of
Regier with our Devi
issues. bed areas and we
13. .
all state erosion and sediment Gaon controls on all SW '
14. Please follow :growth and landscaping material be of native species.
request that all vegetative gr
refer it to remain that way even though the
e speed limit is 3 5 mph and we P use of
15. The posted bri dgh speed limit. The area has such a high
designed for a 45 mp ark visitors.
bridge is striae being ffic that the slower speed limit would be much safer to our pede our consultant is currently
16. please submit to us a copy of the environmental review plan that y
working on- et them
ro ect, and it will be better if we g
it appears that we have many issues and concern ore this PI ect is ready for bidding.
solved I early in the planning and design stages be PT0j
.
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES-'
AIT40NCDENR DIVISION OF PARKS AND RECREATION
July 28, 2000
JAMES HUNT JR. MEMORANDUM
GOVERNOR
TO: Ms. Stacy Harris, P.E.
Project Development and Environmental Analysis Branch
BILL HOLMAN
SECRETARY
FROM:. Brian StrongZ L
Resource Management Program
DR:RHILIP K'M`rc"ELLY SUBJECT: B-3640: Gates County, Replace Bridge No. 16 on SR 1400 over
DIRECTOR
Merchants Millpond

The North Carolina Division of Parks and Recreation (DPR) appreciates the
opportunity to comment on your scoping letter dated July 3, 2000, concerning the
replacement of bridge No. 16 on SR 1400 over Merchants Mill Pond. Although we,
have no objections to the project as planned, we would like to express some concerns
i that will need to be addressed. Our concerns are as follows:

= 1) Currently, Merchants Millpond's water level is controlled by a dam beneath
the NCDOT bridge on S.R. 1400. The current structure for controlling the
water level of the millpond is deteriorating and is slated for replacement in
2003. The DPR would like to coordinate the replacement of this structure
with the replacement of the bridge on S.R. 1400.
2) Merchants Millpond has been experiencing water quality and aquatic weed
growth, accelerated by sedimentation from agricultural and logging runoff.
The DPR requests that particular care and attention be given to mitigation
measures, especially those dealing with erosion and sedimentation control, and
restoration of disturbed areas.
a? K
42
R,.
3) The DPR requests that all restoration and landscaping use only native species.
4) Merchants Millpond supports a number of rare species of plants and animals.
Natural Heritage Program records indicate the presence of conferva pondweed
(Potamogeton confervoides), a North Carolina candidate for listing as
threatened or endangered and a Federal species of concern, near the spillway
on.S.R. 1400. In addition, Rafinesque's big-eared bat (Corynorhinus
rafrnesquii), a North Carolina species of special concern, is know to roost near
the construction site. Special care will need to be taken to ensure that any.
construction will not impact the unique wildlife or habitat in and around the
millpond.
1615 MAIL SERVICE CENTER, RALEIGH, NORTH CAROLINA 27699-1615
PHONE [phone] FAX [phone]
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5) DPR would like to see the road closed to traffic during construction rather
than construction of a temporary detour around the bridge. The possible
environmental impacts of such an action could be significant.
6) Any alternative to the current bridge alignment will need to be discussed with
DPR. In addition, any options for bridge relocation would require an
associated environmental study.
Thank you for the opportunity to review this project. If you have any questions
regarding the concerns we have raised please do not hesitate to call me at
[phone].
cc: Dennis Helms, Superintendent Merchants Millpond
Allan Jeffreys, Parks and Recreation
Project files

L 11
NORTH CAROLINA DEPARTMENT OF
,??? ENVIRONMENT AND NATURAL RESOURCES
NCDENR DIVISION OF PARKS AND RECREATION
July 13, 2000
JAMES B. HUNT JR.
GOVERNOR
William D. Gilmore, P.E.
Branch Manager for Planning and Environment Analysis
j North Carolina Department of Transportation
HILL HOLMAN 1548 Mail Service Center
SECRETARY Raleigh, N.C. 27699
Subject: Merchant's Millpond State Park
Division of Parks and Recreation Comments
D PHILIP lC.MCKNELLY:
Replace Bridge #16 on State Road 1400
DIR IRECTOR
:. - B-3640, Gates County
Dear Mr. Gilmore:

The Division of Parks and Recreation received your letter dated July 3, 2000 requesting input
from our Division concerning any impact that the proposed new bridge will have upon our State
Park located at the bridge site.
Attached is a letter sent to your office dated March 29, 2000 addressing several concerns and
issues that the Division of Parks and Recreation expressed pertaining to the construction of the
- new bridge. The Division is definitely in favor of replacing the existing bridge with a new
structure. Please consider the ten items discussed in this letter as part of the public record
concerning the bridge. I have forwarded a copy of this letter to our Natural Resources section for
any more comments that they may have. They will respond to you in a separate letter. Please
keep us abreast of the design status of the bridge. We would like the opportunity to review the
plans in the schematic phase of design.
If you should have any further questions, please call me at ( 919 ) 846-9991.
Sincerely,

Alan Jeffreys
Park Engineer
cc: Don Conners, NCDOT Division Engineer ( District I)
Tom Wells, Superintendent of State Parks
Carol Tingley, Chief, Planning and Natural Resources
Dennis Helms, Superintendent, Merchant's Millpond State Park
Attachments
WAJ/mdc
1615 MAIL SERVICE CENTER, RALEIGH, NORTH CAROLINA 27699-1615
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - SO% RECYCLED/10% POST-CONSUMER PAPER

if
Ir? NORTH CAROLINA DEPARTMENT OF
i ENVIRONMENT AND NATURAL RESOURCES
NME R DIVISION OF PARKS AND RECREATION
March 29, 2000
JAMES B. HUNT JR.
GOVERNOR
Mr. Bill Gilmore, R.E.
BILL. HOLMAN Branch Manager for Planning and Environment Analysis
SECRETARY North Carolina Department of Transportation
Post Office Box 25210
Raleigh, North Carolina 27611
DR. PHILIP K.MCKNCLLY'
DIRECTOR
Subject: Merchants Millpond State Park
State Road 1403, Merchants Millpond Bridge # 16
3 Gates County
-: --' TIP Project B-3640

Dear Mr. Gilmore:
J
Y`
The Division of Parks and Recreation appreciated the opportunity to meet with Mr.
i Richard Davis of your staff and Mr. Don Conners and his staff on March 13, 2000 to
discuss the replacement of the Merchant's Millpond Bridge # 16 in Gates County
,
North Carolina.
We also would like to thank Mr. Philip Godwin for his help and assistance as park
advisory chairman, former state legislator, and Transportation board member in getting
all parties together for a common goal of improving the transportation problems as they
relate to one of our most important environmental sensitive state parks, Merchants
Millpond State Park. As we all learned at this meeting, there are several design site
issues and special environmental concerns that we will need to address before replacing
the bridge. Below is a summary of these issues.
Attendance
Those in attendance at the meeting that was held in the DOT Gates county Maintenance
office are as follows: Mr. Don Conner, Mr. R. E. Capehart, Mr. Lindsey Riddick, and
Mr. Anthony Roper; NCDOT Division 1 District office, Mr. Richard Davis NCDOT
Program Development engineer, Mr. Philip Godwin, Mr. Dennis Helms, Merchants
Millpond State Park Superintendent, and Alan Jeffreys, Division of Parks and
Recreation.
1615 MAIL SERVICE CENTER, RALEIGH, NORTH CAROLINA 27699-1615
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED110% POST-CONSUMER PAPER

i _
Discussion Topics
1. The meeting was held to determine when Bridge #16 is to be replaced and where it is to
be placed. The existing wood spillway, attached to the bridge, is_ owned by (NCDOT).
The bridge is scheduled to be replaced in 2003 for a cost of approximately $550,000. It
appeared that this estimate may be underestimated when the cost of the spillway is
considered.
2. The Division of Parks and Recreation (DPR) will be doing an environmental study on the
millpond to see what effects changing the water level will have on the pond. There will
also be an environment assessment done to determine the best water management practices,
sedimentation study and an aquatics weed study to determine how best to manage the
millpond. This study will be underway by the fall of 2000.
3. DPR requests that the wooden pedestrian walkways that are on the existing bridge be
incorporated into the design of the new bridge. Design of the bridge should resemble the
historical character of the millpond site. The guard rails and pedestrian walkways should
be designed using wood or the Cor-ten steel products.
4. DPR requests that the new spillway be designed with a slide gate where the water elevation
can be lower or raised to control weed growth and fish migration. DPR will cost share in
the expense of this portion of work. DPR would manage and control the operation of the
gates. A memorandum of understanding would have to be executed between the two
departments to work out the details of this operation.
5. DPR would like to review all environmental reviews and construction drawings on the
bridge before they are submitted for bids.
6. While at the bridge site, it was suggested that the bridge be moved back to where the
original mill house stood. This location may be more desirable and more economical to
build due to natural topography aid the location of the natural stream flow. A large boxed
concrete culvert was also discussed. DPR will consider this proposal in its millpond study.
7. NCDOT will be doing a right-of-way study for the new bridge beginning in April 2000.
An Environment Impact study, which could take 18 months to complete, will also be
required.
8. NCDOT recently completed an aerial topo survey of the bridge site. This will be used to
determine the best bridge alignment. There has not been a decision made by NCDOT to
close State Road 1403 to traffic. It appears to be more economical and less
environmentally damaging to close the road rather than build a temporary detour around
the bridge. A detailed cost estimate will establish the costs of each alternative.
9. DPR requested that the overhead power and telephone lines running parallel with the
bridge, be relocated on the bridge or placed underground. Road side parking for
fisherman is also an issue that needs to be addressed. At the present time fisherman are
allowed to park along the side of the road. If a guard rail is required to meet traffic safety
standards, some other provision for road side parking needs to be designed.
10. NCDOT will send all correspondence as it relates to the bridge to the following address:
N.C. Division of Parks and Recreation - Attention: Alan Jeffreys, Park Engineer, 12700
Bayleaf Church Road, Raleigh, North Carolina 27614. Phone # [phone]. Park
operation issues can be sent to Mr. Dennis Helms, Park Superintendent, Route 1, Box 141-
A, Gatesville, North Carolina 27938. Phone [phone].
Please keep our division updated as the design progresses and if you should have any questions
please call me at [phone].
Sincerely,
Alan Jeffreys
Project Manager
cc: Don Conners, NCDOT Division Engineer I
Philip Godwin, Park Advisory Chairman
Richard Davis, NCDOT Program Development Engineer
Dennis Helms, Superintendent of Merchants Millpond State Park
Cliff Phillips, East District Superintendent
Sue Regier, Head, Resource Management Program
Carol Tingley, Chief, Planning and Natural Resources
AJ/mdc

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Field Office
POSE Office Box 33726
Raleigh, North Carolina 27636-3726
July 25, 2000
Mr. William D. Gilmore, P.E., Manager
NCDOT
Project Development and Environmental Analysis Branch
1548 Mail Service Center
Raleigh, NC 27699-1548
Dear Mr. Gilmore:
u..
Thank you for your July 3, 2000 request for information from the U.S. Fish and Wildlife Service
(Service) on the potential environmental impacts of fourteen proposed bridge replacements in
various counties in eastern North Carolina. This report provides scoping information and is
provided in accordance with provisions of the Fish and Wildlife Coordination Act (FWCA) (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). This report also serves as initial scoping comments to federal and state
resource agencies for use in their permitting and/or certification processes for this project.
The North Carolina Department of Transportation (NCDOT) proposes to replace the following
bridge structures:
1. B-3449, Bridge No. 204 on SR 1827 over the Northeast Cape Fear River, Duplin County;
2. B-3612, Bridge No. 143 on SR 1123 over Branch of Indian Creek, Bertie County;
3. B-3626, Bridge No. 26 on SR 1154 over Branch of Newport River, Carteret County;
4. B-3640, Bridge No. 16 on SR 1400 over Merchants Mill Pond, Gates County;
5. B-3684, Bridge No. 129 on SR 1565 over the Tar River, Pitt County;
6. B-3685, Bridge No. 30 on SR 1703 over Green Mill Run, Greenville, Pitt County;
7. B-3708, Bridge No. 66 on SR 1325/SR 1583 over Welch Creek, Washington/Martin
Counties;
8. B-3711, Bridge No. 42 on NC 111 over the Neuse River Outflow, Wayne County;
9. B-3712, Bridge No. 88 over SR 1006, Falling Creek, Wayne County;
10. B-3809, Bridge No. 64 on NC 99 over Pungo Creek, Beaufort County;
11. B-3810, Bridge No. 272 on SR 1514 over Big Swamp, Beaufort County;
12. B-3871, Bridge No. 64 on SR 1001 over Dog Branch, Martin County;
13. B-3884, Bridge No. 40 on SR 1308 over Squires Run, Onslow County; and,
14. B-3887, Bridge No. 116 on SR 1520 over Shaken Creek, Pender County.
The following recommendations are provided to assist you in your planning process and to
facilitate a thorough and timely review of the project.
Generally, the Service recommends that wetland impacts be avoided and minimized to the
maximum extent practical as outlined in Section 404 (b)(1) of the Clean Water Act Amendments
of 1977. In regard to avoidance and minimization of impacts, we recommend that proposed
highway projects be aligned along or adjacent to existing roadways, utility corridors, or
previously developed areas in order to minimize habitat fragmentation and encroachment. Areas
exhibiting high biodiversity or ecological value important to the watershed and region should be
avoided. Crossings of streams and associated wetland systems should use existing crossings
and/or occur on a structure wherever feasible. Where bridging is not feasible, culvert structures
that maintain natural water flows and hydraulic regimes without scouring, or impeding fish and
wildlife passage, should be employed. Highway shoulder and median widths should be reduced
through wetland areas. Roadway embankments and fill areas should be stabilized by using
appropriate erosion control devices and techniques. Wherever appropriate, construction in
sensitive areas should occur outside fish spawning and migratory bird nesting seasons.
The National Wetlands Inventory (NWI) maps of the Chinquapin, Grantham,Greenville SW,
Grimesland, Merchants Mill Pond, Newport, Old Ford, Ransomville, Richlands, SE Goldsboro,
Stag Park, Washington, Williamston, and Woodville 7.5 Minute Quadrangles show wetland
resources in the specific work areas. However, while the NWI maps are useful for providing an
overview of a given area, they should not be relied upon in lieu of a detailed wetland delineation
by trained personnel using an acceptable wetland classification methodology. Therefore, in
addition to the above guidance, we recommend that the environmental documentation for this
project include the following in sufficient detail to facilitate a thorough review of the action.
1. The extent and acreage of waters of the U.S., including wetlands, that are to be impacted by
filling, dredging, clearing, ditching, or draining. Acres of wetland impact should be
differentiated by habitat type based on the wetland classification scheme of the National
Wetlands Inventory. Wetland boundaries should be determined by using the 1987 Corps of
Wetlands Delineation Manual and verified by the U.S. Army Corps of Engineers (Corps).
2. If unavoidable wetland impacts are proposed, we recommend that every effort be made to

identify compensatory mitigation sites in advance. Project planning should include a detailed
compensatory mitigation plan for offsetting unavoidable wetland impacts. Opportunities to
protect mitigation areas in perpetuity, preferably via conservation easement, should be
explored at the outset.
The enclosed lists identify the federally-listed endangered and threatened species, and Federal
Species of Concern (FSC) that are known to occur in Beaufort, Bertie, Carteret, Duplin, Gates,
Martin, Onslow, Pender, Pitt, Washington, and Wayne Counties. The Service recommends that
habitat requirements for the listed species be compared with the available habitats at the
respective project sites. If suitable habitat is present within the action area of the project,
biological surveys for the listed species should be performed. Environmental documentation that
includes survey methodologies, results, and NCDOT's recommendations based on those results,
should be provided to this office for review and comment.
FSC's are those plant and animal species for which the Service remains concerned, but further
biological research and field study are needed to resolve the conservation status of these taxa.
Although FSC's receive no statutory protection under the ESA, we would encourage the NCDOT
to be alert to their potential presence, and to make every reasonable effort to conserve them if
found. The North Carolina Natural Heritage Program should be contacted for information on
species under state protection.
The Service appreciates the opportunity to comment on this project. Please continue to advise us
during the progression of the planning process, including your official determination of the
impacts of this project. If you have any questions regarding these comments, please contact Tom
McCartney at 919-856-4520, ext. 32.
Sincerely,
?'
Dr. Garland B. Pardue
Ecological Services Supervisor
Enclosures
cc:
COE, Washington, NC (Michael Bell)
COE, Wilmington, NC (David Timpy)
NCDWQ, Raleigh, NC (John Hennessey)
NCDNR, Northside, NC (David Cox)
FHWA, Raleigh, NC (Nicholas Graf)
EPA, Atlanta, GA (Ted Bisterfield)
FWS/R4:TMcCartney:TM:07/24/00:919/856-4520 extension 32:\14brdgs.var

Federal Aid #BRZ-1400(4) TIP #B-3640 County: Gates
CONCURRENCE FORM FOR PROPERTIES NOT ELIGIBLE FOR THE NATIONAL
REGISTER OF HISTORIC PLACES
Project Description: Replace Bridge No 16 on SR 1400 over Merchants Mill Pond
On September 21, 2000, representatives of the
North Carolina Department of Transportation (NCDOT)
Federal Highway Administration (FHWA)
North Carolina State Historic Preservation Office (SHPO)
Reviewed the subject project at
El a scoping meeting
photograph review session/consultation
other
All parties present agreed
there are no properties over fifty years old within the project's area of potential effect.
there are no properties less than fifty years old which are considered to meet Criterion
Consideration G within the project's area of potential effect.
there are properties over fifty years old (list attached) within the project's area of potential effect,
but based on the historical information available and the photographs of each property, properties
identified as are considered not eligible for the National
Register and no further evaluation of them is necessary.
there are no National Register-listed properties located within the project's area of potential effect.
Signed:
P6Y?Q Q : . zx
Representativ NC OT Date
FHWA, for the Division Administrator, or other Federal Agency Date
Repr entative, SHPO Date
i
State Historic Preservation Officer Date
If a survey report is prepared, a final copy of this form and the attached list will be included.
08/23/2004 08:48 NC DOT PDEA 4 96779744
,ye..sr
North Carolina Department of Cultural Resources
State Historic Preservation Office
Peta B. Sandbeek, Adminietratur
_. _ Mie6ael f. Easley. Govertlor
Lisbah C. Frans. Secretary
1d59V- -Cww, Deputy Socretnry.August 17, 2004

MEMORANDUM
TO. Gregory J. Thorpe, Ph.D., Director
Project Development and Environmental Analysis Branch
NCDOT Division of Highways
FROM: Peter Sandbeck p G??¢p
Deputy State Historic ese>:eation-Officet
SUBJECT: Replace Bridge. No. 16 on SR 1400 over Merchant Mill Pond
B-3640, Gates County, ER 04-1401
N0.992 D02
OPhee of Archives and History
Division of Historical Rnxou=s
David Rmok, Director
Thank you. for your letter requesting.out comments on the above project We apologize for the delay i&-eur,
response.
We have determined that the.pro}ectas.prnpow4 will not affect any histc>ri V- =C =s.
The proposed bridge. replacement.p•oi t h2s.aItigy-pmb-bility fff,diectingawhaeological resources d#e
replacement is to extend outside of the existing right-of-way. At the time the road was re-aligned in the
1940s, a portion of ?e M l is the assoeiatcc} •Wcentaxy-faaahorrse and a springhouse w ref
damaged or destroyed. While a remnant of the millrace exists, it is possible that remnants of other features of
the mill or structures-assowd=d with the farmhouse may be present. If the bridge is not to be replaced at its
existing location, we recommend an archaeological survey of the proposed Area of Potential Effect (APE).
Prior to survey oa'property outside the right-of-way owned by the State of North Carolina, an Archaeological
Resources Protection Act (ARPA) permit will be required
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Hi4torir•Pre==ion!s.Re&Azdonl~f,=Csnsphui.*-vnth-Section 106 codified at 364F
Part 800.
Thank you for your cooperation and consideration...ILyo 1m c}uestianr?conretniag the above com= t, ,
please contact Renee Gledhill-Earley, environmental review coordinator, at 919/733-4763. In all fume
communication conceming-this-prgject,-please. Cite the- above-re€eFertced traeld?lg nwnbez.
PS:w-
Laesdos
ADMINISTRATION Sal N. alount SIT=, Up;& Nc
RFSMRATZON MaBiag Addrm
4617 Mdl $mviea COW Raleio NC 376994617 Telephane/Par
(919)733-4763033.865)
$15 N. Maim srree4 Rawib NC
SUMVEY di P7.AWNG 515 N. Sloom Smeet, Raleigh, NC 4617 Mail Savios Canter, Rakish NC 276994617
4617 Mail Servlee Center Raleigh NC 276994617 [phone]n 13.4801 '
(919)733-6545015.4801
GATES COUNTY SCHOOL BUS GARAGE H. Kenneth Jernigan
t !Maas - POST OFFICE BOX 125 Director
GATESVILLE, NC 27938
PHONE: [phone] ,Janet), Mizelle
-IMS
° FAX: [phone] . Cost Clerk -1 word.
July 25, 2000
Ji,i. :.?
Mr. William D. Gilmore, P. E. Manager
Project Development and Environmental
Analysis Branch
1548 Mail Service Center
Raleigh, NC 27601
Dear Mr. Gilmore,
I am writing in response to your request for information on school buses crossing
the Merchants Mill Pond Bridge. For the 2000-2001 school year, which starts August 1
2000 we will have a total of six buses crossing the bridge twice on a daily basis making a
total of 12 crossings per day.
It would be most helpful if we could be notified a week in advance before work
begins-on the bridge so that we will have ample time to reroute our buses.
If you need additional information, please contact me at the above number.
Sincerely,
Janet L. Mizelle
Cost Clerk - TIMS Coordinator
jlm
xc: Dr. Robert F. Hahne
John A. Lane
RECEIVED
H13 3 2006
MEN Cs H WAYS
POG?A-%Tl'kE OF NATURAL ERRONM
January 31, 2006
Mr. Gregory J: Thorpe, Ph.D.
Environmental Management Director
Project Development and Environmental Analysis Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina 27699-1548
Dear Dr. Thorpe:
Subject: EEP Mitigation Acceptance Letter:
B-3640, Bridge 16 over Merchants Millpond on SR 1400, Gates County
The purpose of this letter is to notify you that the Ecosystem Enhancement Program (EEP) will
provide riverine wetland mitigation for the subject project. Based on the information supplied by you in a
letter dated June 14, 2005, the impacts are located in CU 03010203 of the Chowan River Basin in the
Northern Outer Coastal Plain (NOCP) Eco-Region, and are as follows:
Riverine Wetland Impacts: 0.19 acre
This mitigation acceptance letter replaces the mitigation acceptance letter issued on July 19,
2005. As stated in your letter, the subject project is listed in Exhibit 2 of the Memorandum of Agreement
among the North Carolina Department of Environment and Natural Resources, the North Carolina
Department of Transportation, and the U. S. Army Corps of Engineers, Wilmington District dated July
22, 2003. The mitigation for the subject project will be provided in accordance with this agreement.
If you have any questions or need additional information, please contact Ms. Beth Harmon at
919-715-1929.
Sincerely,
William D. Gilmore, P.E.
EEP Director
cc: Mr. Bill Biddlecome, USACE-Washington
Mr. John Hennessy, Division of Water Quality, Wetlands/401 Unit
File: B-3640 Revised
R-Utor ... ... PYOtectuu? Our Rat& A RA
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net

N d ?°ma
Van
STATE OF NORTH CAROLINA
? ?n06
IVOSA-,,_ gTE?,.QU
DEPARTMENT OF TRANSPORTATION sr?MWq? e
MICHAEL F. EASLEY LYNDO TIPPE
GOVERNOR SECRETARY
February 17, 2006
U. S. Army Corps of Engineers
Regulatory Field Office
Post Office Box 1000
Washington, NC 27889-1000
Attention: Mr. William J. Biddlecome
NCDOT Coordinator
Dear Sir:
060~83
Subject: Nationwide 23 Permit Application and Federal Consistency Decision from
the NC Division of Coastal Management for the proposed replacement of
Bridge No. 16 over Merchants Millpond on SR 1400, in Gates County. Federal
Aid Project No. BRZ-1400(4), State Project No. 8.2060201, WBS 33188.1.1,
TIP No. B-3640.
Please find enclosed the permit drawings, Categorical Exclusion (CE), and half-size plan sheets
for the above referenced project. The North Carolina Department of Transportation (NCDOT)
proposes to replace existing Bridge No. 16 on SR 1400 over Merchants Millpond in Gates
County. The project involves replacement of the existing bridge structure with a 135-foot cored
slab bridge at approximately the same location and roadway elevation of the existing structure
using top-down construction. The approach roadway will consist of two 11-foot travel lanes with
shoulder widths of at least 6 feet. There will be 0.19-acre of permanent impacts to Merchants
Millpond and adjacent wetlands. In addition to the bridge, an adjacent dam and spillway for the
millpond will be replaced, equipped with a fish ladder for anadromous fish passage, resulting in
0.17-acre of impacts to surface water. Traffic will be detoured off-site, along surrounding roads,
during construction.
Impacts to Waters of the,United States
General Description: The project is located in the Chowan River Basin (Hydrologic Unit
03010203). A best usage classification of "C NSW" has been assigned to Merchants Millpond
(Bennetts Creek) [DWQ Index # 25-17]. Neither High Quality Waters (HQW), Water Supplies
(WS-I: undeveloped watersheds or WS-II: predominately undeveloped watersheds), nor
Outstanding Resource Waters (ORW) occur within 1.0 mile (1.6 km) of project study area.
Neither Merchants Millpond nor Bennetts Creek is designated as a North Carolina Natural or
Scenic River, or as a national Wild and Scenic River. The proposed project will avoid impacts to
MAILING ADDRESS: TELEPHONE: [phone] LOCATION:
NC DEPARTMENT OF TRANSPORTATION FAX: [phone] TRANSPORTATION BUILDING
PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 1 SOUTH WILMINGTON STREET
1548 MAIL SERVICE CENTER WEBSITE: WWW.NCDOT.ORG RALEIGH NC
RALEIGH NC 27699-1548
designated Public Trust Waters or Areas of Environmental Concern under the Coastal Area
Management Act (CAMA).
Permanent Impacts: Merchants Millpond and adjacent wetlands will be impacted by the proposed
project. Construction of the proposed project will result in permanent impacts, including 0.10-
acre of fill, 0.069-acre of mechanized clearing, and 0.02-acre of excavation in wetlands (see
permit drawings). In addition;-a -total of 0.17-acre of surface water will be impacted from
replacement of the existing dam and spillway in Merchants Millpond. The existing dam and
spillway are located under the existing bridge. The new dam and spillway structure will be
placed on a new alignment north of the existing in Merchants Millpond.
Temporary Impacts: No temporary impacts to jurisdictional resources will be necessary for the
construction of this project.
Utility Impacts: No impacts to jurisdictional resources will occur due to relocation of utilities in
the project area. All utility work will be conducted in upland areas and existing road fill.
Bridge Demolition
The existing bridge consists of a timber deck on timber joists with an asphalt-wearing surface.
The substructure is a timber abutment design; the interior bents consist of timber caps on timber
piles. The spillway for the millpond is a timber structure that is adjacent to the existing bridge.
The bridge can be removed without dropping components into Waters of the United States
during construction. Best Management Practices for Bridge Demolition and Removal will be
followed to avoid any temporary fill from entering Waters of the United States. The bridge
demolition is classified as a Case 2 due to the in-stream moratorium for anadromous fish
(February 15 to June 30).
Federally Protected Species
As of January 29, 2003 the US Fish and Wildlife Service (USFWS) lists two federally protected
species for Gates County (see Table 1). A biological conclusion of "no effect" remains valid for
the red-cockaded woodpecker due to lack of suitable habitat. A biological conclusion is not
required for the American alligator due to its designation of Threatened (due to similarity of
appearance). No species have been added or deleted from the list since the completion of the CE
(October 28, 2004).
Table 1. Federally rotected species of Gates Coun .
Scientific Name Common Name Federal Status Biological Conclusion
Picoides borealis Red-cockaded woodpecker E No Effect
Alligator mississi iensis American alligator T(S/A) N/A
(E) - Endangered
(T) - Threatened
T (S/A) - "Similarity of Appearance"
Avoidance and Minimization
Avoidance examines all appropriate and practicable possibilities of averting impacts to "Waters
of the United States". Due to the presence of surface waters and wetlands within the project
study area, avoidance of all impacts is not possible. The NCDOT is committed to incorporating
all reasonable and practicable design features to avoid and minimize jurisdictional impacts.
Minimization measures were incorporated as part of the project design these included:
NCDOT TIP B-3640 Page 2 of 4
• Use of an off-site detour during construction.
• Construction of a 29-foot longer bridge
• Construction of a fish ladder for anadromous fish passage
• Best Management Practices will also be utilized during demolition of the existing
bridge and construction of the new bridge.
• Anadromous Fish Guidelines for Stream Crossings
Mitigation
The North Carolina Department of Environment and Natural Resources Ecosystem Enhancement
Program (EEP) will assume responsibility for satisfying the federal Clean Water Act
compensatory mitigation requirements for the unavoidable impacts to 0.19 acre of wetlands. See
attached EEP Acceptance Letter dated January 31, 2006.
Regulatory Approvals
Section 404 Permit: All aspects of this project are being processed by the Federal Highway
Administration as a "Categorical Exclusion" in accordance with 23 CFR 771.115(b). The
NCDOT requests that these activities be authorized by a Nationwide Permit 23 (FR number 10,
pages 2020-2095, January 15, 2002).
Section 401 Certification: We anticipate 401 General Water Quality Certification number 3403
will apply to this project. All general conditions of the Water Quality Certifications will be met.
Therefore, in accordance with 15A NCAC 2H, Section .0500(a) and 15A NCAC 2B.0200, we are
providing copies of this application to the North Carolina Department of Environmental and
Natural Resources, Division of Water Quality for their review.
CAMA: NCDOT certifies that the proposed activity complies with the enforceable policies of
North Carolina's approved management program and will be conducted in a manner consistent
with such program. NCDOT hereby requests, by copy of this letter, a Federal Consistency
Decision from the NC Division of Coastal Management.
A copy of this application will be posted on the NCDOT website at:
http://www.doh.dot.state nc us/preconstract/pe/neu/-Dermit html
Thank you for your time and assistance with this project. Please contact Mr. Tyler Stanton at
[e-mail] or [phone] if you have any questions or need additional
information.
Sincerely,
+? n
Gregory J. Thorpe, Ph.D.
Environmental Management Director, PDEA
NCDOT TIP B-3640 Page 3 of 4
Cc W/attachment:
Mr. John Hennessy, NCDWQ (2 Copies)
Mr. Travis Wilson, NCWRC
Mr. Gary Jordan, USFWS
Mr. Ron Sechler, NMFS
Mr. Michael Street, NCDMF
Ms. Cathy Brittingham, NCDCM
Ms. Wanda Gooden, NCDCM
Dr. David Chang, PE, Hydraulics
Mr. Greg Perfetti, PE, Structure Design
Mr. Mark Staley, Roadside Environmental
Mr. Anthony Roper, PE, Division 1 Engineer
Mr. Clay Willis, Division 1 Environmental Officer
Cc W/o attachment:
Mr. Scott McLendon, USACE, Wilmington
Mr. Jay Bennett, PE, Roadway Design
Mr. Majed Alghandour, PE, Programming and TIP
Mr. Art McMillan, PE, Highway Design
Ms. Beth Harmon, EEP
Mr. Todd Jones, NCDOT External Audit Branch
Ms. Stacy Baldwin, PE, PDEA
NCDOT 77P B-3640 Page 4 of 4
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