19960280 Ver 1_Complete File_19960326

f
State of North Carolina
Department of Environment,
Health and Natural Resources ` • Division of Water Quality James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary C) E H N F=1
A. Preston Howard, Jr., P.E., Director
September 1, 1997
Mr. Franklin Vick
N.C. Dept. of Transportation
Planning and Environmental Branch
P.O. Box 25201
Raleigh, NC 27611-5201
Dear Mr. Vick,
Re: Certification Pursuant to Section 401 of the Federal Clean Water Act,
Proposed Improvements to US 17 from west of the Chowan River to US 17 Business, east
of Edenton
Project #960280, COE #199400991, TIP No. R-2404B/C
Bertie and Chowan Counties
Attached hereto is a copy of Certification No. 3066 issued to N. C. Department of
Transportation. This Certification replaces the one issued on January 15, 1997.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
stop Ho ard, Jr.
Attachments
960280.wgc
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DWQ Regional Office
Mr. John Domey
Mr. John Parker, Division of Coastal Management
Central Files
Enviro. Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
l
NORTH CAROLINA
Bertie and Chowan Counties
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401
Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of
ions in 15 NCAC 2H, Section .0500 to N. C. Dept. of
Environmental ManagZm.e
of wetland impact and 0.22 acres of water impact in Bertie
Transportation resultin .7 es
and Chowan Counties to an application filed on the 15th day of March and 21st day of
November 1996 to improve US 17 from west of the Chowan River to US 17 business, east of
Edenton, TIP No. R-2512.
The Application provides adequate assurance that the discharge of fill material into the waters
of the Chowan River and Pembroke Creek and their tributaries in conjunction with the proposed
development in Bertie and Chowan Counties will not result in a violation of applicable Water
Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that
this activity will not violate the applicable portions of Sections 301, 302, 303, 306, 307 of PL 92-
500 and PL 95-217 if conducted in accordance with the application and conditions hereinafter set
forth.
Condition(s) of Certification:
1. That the activity be conducted in such a manner as to prevent significant increase in
turbidity outside the area of construction or construction related discharge (50
NTUs in streams and rivers not designated as trout waters by DWQ; 25 NTUs in
all saltwater classes, and all lakes and reservoirs; 10 NTUs in trout waters).
2. DOT shall strictly adhere to North Carolina regulations entitled, "Design Standards
in Sensitive Watersheds" (15A NCAC 04B .0024) throughout construction of the
bridge at the Chowan River. Turbidity curtains or casings shall be installed around
any bottom disturbing. activities and shall remain in place until sediments have
settled. These curtains shall extend to the river bottom.
3. DOT nor their contractors may not dredge work canals in the Chowan River.
4. Work barges shall be floated into place and then sunk. They shall not be sunk and
then dragged into place.
5. Wet concrete shall not be allowed to contact water in Pembroke Creek, the
Chowan River or any tributaries of these bodies of water.
6. Temporary construction access fill shall be removed immediately after
construction has been complete in the area. If trees are removed DOT shall
revegetate with the same species (or others with DWQ approval) within one year
after project completion.
7. If discharges of drilling fluids are proposed by DOT or their contractors, an
NPDES permit should be obtained from DWQ.
8. If an upland diked disposal area with return water will be used, a 401 Certification
will be needed (Nationwide 16).
9. Borrow and waste areas shall not be in wetlands.
10. Land clearing in wetlands shall conform to Method II (no clearing beyond toe of
slope) except for those locations specified in the 21 November 1996 public notice.
11. Surveys for submerged Aquatic Vegetation (SAV) shall be conducted prior to the
initiation of construction activities in the Chowan River. The area shall again be
surveyed immediately after completion of the bridge. A report detailing the
findings shall be submitted to DWQ for review. If SAV's have been lost, the
report shall also contain a mitigation plan to compensate for the losses. This
mitigation plan must be approved by DWQ.
12. Compensatory wetland mitigation shall be in accordance with the Corps of
Engineers. DWQ shall be copied on the approved ratio, location, size and
method of debit (restoration, enhancement, creation and preservation).
13. Based upon information provided in your correspondence of May 6, 1997, ditch
effects were erroneously calculated in your original permit application. Actual
ditch depths of up to 6.5 feet will drain an additional 8.32 acres of non-riverine
forested wetlands. These impacts will be mitigated through the restoration of
16.64 acres of forested no-riverine wetlands at the DOT Dismal Swamp Mitigation
Site located in Gates and Perquimans Counties.
Violations of any condition herein set forth shall result in revocation of this Certification.
This Certification shall become null and void unless the above conditions are made conditions of
the Federal 404 and/or coastal Area Management Act Permit. This Certification shall expire upon
expiration of the 404 or CAMA permit.
If this Certification is unacceptable to you have the right to an adjudicatory hearing upon
written request within sixty (60) days following receipt of this Certification. This request must be
in the form of a written petition conforming to Chapter 150B of the North Carolina General
Statutes and filed with the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C.
27611-7447. If modifications are made to an original Certification, you have the right to an
adjudicatory hearing on the modifications upon written request within sixty (60) days following
receipt of the Certification. Unless such demands are made, this Certification shall be final and
binding.
This the 1st day of September, 1997
DIVISION OF WATER QUALITY
WQC #3066
eston oward, 7r E.
ttatle of North Carolina
Department of Environment,
Health and Natural Resources A14 • •
Division of Water Quality
James B. Hunt, Jr., Governor IdEL
Jonathan B. Howes, Secretary p E H N FI
A. Preston Howard, Jr., P.E., Director
June 20, 1997
Memorandum
To: Michael Bell
Through: John Dorne
From: Eric Galambq
Subject: Public Notice Revision/Modification dated June 5, 1997
US 17, TIP No. R-2404 B/C
Chowan County
The Division of Water Quality (DWQ) is in receipt of the public notice revision/modification for
DOT's R-2404 B/C project in Chowan County. The DWQ has some questions regarding the
public notice that we believe must be satisfactorily answered prior to the issuance of the 401
Water Quality Certification. These concerns are:
1) Where are the ditches that are deeper than 2 feet?
2) Why do the ditches need to be deeper (justification)?
3) What types of wetlands will be impacted by these ditches (riparian verses non-riparian)?
4) DWQ rules (15 NCAC 02H .0506(6)) require that a project have a minimum ratio
mitigation of 1:1 in restoration/creation. Does this project meet this requirement?
DWQ would agree to debiting the Company Swamp Mitigation Bank for the remaining mitigation
requirements beyond those accounted for in concern # 4 above. DWQ agrees with the elimination
of the storage/ distribution canals at Salmon Creek.
Please provide the answers to the above concerns as soon as possible so that DWQ can process
the 401 Certification modification. Should you have any questions, please call me at (919) 733-
1786. FAXED
cc: John Parker, DCM JUN 2 3 NJ
Central Files
Randy Turner, VmMn of Water Quality - Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer - 50% recycled/10% post consumer paper
?oN?NjP??c?EN?s
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DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID No. 199705654
PUBLIC NOTICE
REVISION/MODIFICATION
June 5, 1997
THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION (NCDOT),
DIVISION OF HIGHWAYS, Post Office Box 25201, Raleigh, North Carolina 27611-5201
has applied for a Department of the Army (DA) permit TO FILL 19.86 ACRES OF
SECTION 404 WETLANDS, DRAIN 3.17 ACRES OF SECTION 404 WETLANDS,
AND FILL 0.25 ACRES OF OPEN WATERS OF THE UNITED STATES ADJACENT
TO SALMON CREEK AND FOUR UNNAMED TRIBUTARIES WITHIN THE
CHOWAN RIVER BASIN. THE NCDOT PROPOSES TO WIDEN APPROXIMATELY
7 MILES OF U.S. 17, INCLUDING REPLACING THE BRIDGE OVER SALMON
CREEK, FROM S.R. 1503 EASTWARD TO APPROXIMATELY 1000 METERS
WEST OF THE CHOWAN RIVER, IN BERTIE COUNTY, NORTH CAROLINA, TIP
NOS. R-2404B AND R-2404C, STATE PROJECT NO. 6.019001T. A public notice was
issued on February 13, 1997. NCDOT has revised the proposal to:
a. DRAIN AN ADDITIONAL 8.32 ACRES OF 404 WETLANDS ADJACENT TO
THREE UNNAMED TRIBUTARIES WITHIN THE CHOWAN RIVER BASIN. The
following description of work is taken from data provided by the applicant in a letter dated
May 6, .1997. The proposed permit modification involves the anticipated zone of influence
from excavated ditches associated with the proposed highway project. The zone of influence
was mistakenly calculated from ditch depths
of 2 feet. Actual ditch depths will be 6.5 feet at certain wetland crossings which will drain
an additional 8.32 acres. NCDOT proposes to mitigate these additional impacts by restoring
16.64 acres of forested non-riverine acres at the Dismal Swamp Mitigation Site, currently
under construction in Gates and Perquimans counties.
b. DELETE THE STORAGE/DISTRIBUTION CANALS AT SALMON CREEK
FROM CONSIDERATION. The initially proposed canals would drain .47 acres of wetlands
-2-
adjacent to Salmon Creek. NCDOT initially proposed to debit 29.10 acres from the
Company Swamp Mitigation Bank (CSMB). The revised total is 24.4 acres to be debited
from CSMB.
c. INSTALL THREE 72" DIAMETER ARCH PIPES IN THE PROPOSED AND
EXISTING CAUSEWAY AT SALMON CREEK. The three arch pipes (culverts) will be
installed at locations designated by the Wildlife Resources Commission to facilitate wildlife
movement and an exchange of sheet flow across the wetland at Salmon Creek.
The applicant has determined that the proposed work is consistent with the North
Carolina Coastal Zone Management Plan and has submitted this determination to the North
Carolina Division of Coastal Management (NCDCM) for their review and concurrence. This
proposal shall be reviewed for the applicability of other actions by North Carolina agencies
such as:
a. The issuance of a Water Quality Certification under Section 401 of the Clean Water
Act by the North Carolina Division of Water Quality NCDWQ).
b. The issuance of a permit to dredge and/or fill under North Carolina General Statute
113-229 by the North Carolina Division of Coastal Management (NCDCM).
c. The issuance of a permit under the North Carolina Coastal Area Management Act
(CAMA) by the North Carolina Division of Coastal Management (NCDCM) or their
delegates.
d. The issuance of an easement to fill or otherwise occupy State-owned submerged land
under North Carolina General Statute 143-341(4), 146-6, 146-11, and 146-12 by the North
Carolina Department of Administration (NCDA) and the North Carolina Council of State.
e. The approval of an Erosion and Sedimentation Control Plan by the Land Quality
Section, North Carolina Division of Land Resources (NCDLR), pursuant to the State
Sedimentation Pollution Control Act of 1973 (NC G.S. 113 A-50-66).
The requested Department of the Army (DA) permit will be denied if any required State
or local authorization and/or certification is denied. No DA permit will be issued until a
State coordinated viewpoint is received and reviewed by this agency. Recipients of this
notice are encouraged to furnish comments on factors of concern represented by the above
agencies directly to the respective agency, with a copy furnished to the Corps of Engineers.
This public notice revision is being considered pursuant to Section 404 of the Clean
Water Act (33 U.S.C. 1344). Any person may request, in writing within the comment
I
-3-
period specified in the notice, that a public hearing be held to consider this revision.
Requests for public hearing shall state, with particularity, the reasons for holding a public
hearing.
The District Engineer has consulted the latest published version of the National Register
of Historic Places for the presence or absence of registered properties, or properties listed as
being eligible for inclusion therein, and this worksite is not a registered property or property
listed as being eligible for inclusion in the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by the District Engineer, and he is
otherwise unaware of the presence of such resources. Presently, unknown archeological,
scientific, prehistorical, or historical data may be lost or destroyed by work under the
requested permit.
The District Engineer, based on available information, is not aware that the proposed
activity will affect species, or their critical habitat, designated as endangered or threatened
pursuant to the Endangered Species Act of 1973.
The decision whether to issue a permit will be based on an evaluation of the probable
impacts, including cumulative impacts, of the proposed activity and its intended use on the
public interest. Evaluation of the probable impacts which the proposed activity may have on
the public interest requires a careful weighing of all those factors which become relevant in
each particular case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. The decision
whether to authorize a proposal, and if so the conditions under which it will be allowed to
occur, are therefore determined by the outcome of the general balancing process. That
decision should reflect the national concern for both protection and utilization of important
resources. All factors which may be relevant to the proposal must be considered including
the cumulative effects thereof. Among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards and
flood plain values (in accordance with Executive Order 11988), land use, navigation, shore
erosion and accretion, recreation, water supply and conservation, water quality, energy
needs, safety, food and fiber production, mineral needs, considerations of property
ownership, and, in general, the needs and welfare of the people. For activities involving the
placement of dredged or fill materials in waters of the United States, a permit will be denied
if the discharge that would be authorized by such permit would not comply with the
Environmental Protection Agencies' 404(b)(1) guidelines. Subject to the preceding sentence
and any other applicable guidelines or criteria, a permit will be granted unless the District
Engineer determines that it would be contrary to the public interest.
The Corps of Engineers is soliciting comments from the public; Federal, State and local
agencies and officials; Indian Tribes and other interested parties in order to consider and
1
-4-
evaluate the impacts of this proposed activity. Any comments received will be considered by
the Corps of Engineers to determine whether to issue, modify, condition or deny a permit for
this proposal. To make this decision, comments are used to assess impacts on endangered
species, historic properties, water quality, general environmental effects and the other public
interest factors listed above. Comments are used in the preparation of an Environmental
Assessment (EA) and/or an Environmental Impact Statement (EIS) pursuant to the National
Environmental Policy Act (NEPA). Comments are also used to determine the need for a
public hearing and to determine the overall public interest of the proposed activity.
Generally, the decision whether to issue this Department of the Army (DA) permit will
not be made until the North Carolina Division of Water Quality (NCDWQ) issues, denies, or
waives State certification required by Section 401 of the Clean Water Act. The NCDWQ
considers whether or not the proposed activity will comply with Sections 301, 302, 306, and
307 of the Clean Water Act. The application and this public notice for the DA permit serves
as application to the NCDWQ for certification.
Additional information regarding the Clean Water Act certification may be reviewed
at the offices of the Environmental Operations Section, North Carolina Division of Water
Quality (NCDWQ), Salisbury Street, Archdale Building, Raleigh, North Carolina. Copies
of such materials will be furnished to any person requesting copies upon payment of
reproduction costs.
All persons desiring to make comments regarding the application for Clean Water Act
certification should do so in writing delivered to the North Carolina Division of Water
Quality (NCDWQ), Post Office Box 27687, Raleigh, North Carolina 27611-7687, on or
before June 20, 1997, Attention: Mr. John Dorney.
Written comments pertinent to the proposed work, as outlined above, will be
received in this office, Attention: Michael F. Bell, Washington Regulatory Field
Office, Post Office Box 1000, Washington, North Carolina 27889-1000, until 4:15 p.m.,
June 20, 1997, or telephone [phone], extension 26.
Action ID No. 199705654 June 5, 1997
APPLICANT: North Carolina Department of Transportation
Proposed Revision: THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
(NCDOT), DIVISION OF HIGHWAYS, Post Office Box 25201, Raleigh, North Carolina
27611-5201 has applied for a Department of the Army (DA) permit TO FILL 19.86 ACRES
OF SECTION 404 WETLANDS, DRAIN 3.17 ACRES OF SECTION 404 WETLANDS,
AND FILL 0.25 ACRES OF OPEN WATERS OF THE UNITED STATES ADJACENT
TO SALMON CREEK AND FOUR UNNAMED TRIBUTARIES WITHIN THE
CHOWAN RIVER BASIN. THE NCDOT PROPOSES TO WIDEN APPROXIMATELY
7 MILES OF U.S. 17, INCLUDING REPLACING THE BRIDGE OVER SALMON
CREEK, FROM S.R. 1503 EASTWARD TO APPROXIMATELY 1000 METERS WEST
OF THE CHOWAN RIVER, IN BERTIE COUNTY, NORTH CAROLINA, TIP NOS.
R-2404B AND R-2404C, STATE PROJECT NO. 6.019001T. A public notice was issued
on February 13, 1997. NCDOT has revised the proposal to:
a. DRAIN AN ADDITIONAL 8.32 ACRES OF 404 WETLANDS ADJACENT TO
THREE UNNAMED TRIBUTARIES WITHIN THE CHOWAN RIVER BASIN. The
following description of work is taken from data provided by the applicant in a letter dated
May 6, 1997. The proposed permit modification involves the anticipated zone of influence
from excavated ditches associated with the proposed highway project. The zone of influence
was mistakenly calculated from ditch depths of 2 feet. Actual ditch depths will be 6.5 feet
at certain wetland crossings which will drain an additional 8.32 acres. NCDOT proposes to
mitigate these additional impacts by restoring 16.64 acres of forested non-riverine acres at
the Dismal Swamp Mitigation Site, currently under construction in Gates and Perquimans
counties.
b. DELETE THE STORAGE/DISTRIBUTION CANALS AT SALMON CREEK
FROM CONSIDERATION. The initially proposed canals would drain .47 acres of wetlands
adjacent to Salmon Creek. NCDOT initially proposed to debit 29.10 acres from the
Company Swamp Mitigation Bank (CSMB). The revised total is 24.4 acres to be debited
from CSMB.
c. INSTALL THREE 72" DIAMETER ARCH PIPES IN THE PROPOSED AND
EXISTING CAUSEWAY AT SALMON CREEK. The three arch pipes (culverts) will be
installed at locations designated by the Wildlife Resources Commission to facilitate wildlife
movement and an exchange of sheet flow across the wetland at Salmon Creek.
dM SfA7Fy? ` i1 o
5'. on STATE OF NORTH CAROLINA
-DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT JR. DIVISION OF HIGHWAYS GARLAND B. GAR.RETT JR,
GOVERNOR P.O. BOX 25201, RALEIGH, N.C. 27611-5201 SECRETARY
August 20, 1997
U.S. Army Corps of Engineers
Washington Regulatory Field Office
P.O. Box 1000
Washington, NC 27889-1000
ATTN: Mr. Michael F. Bell, Regulatory Project Manager
SUBJECT: Responses to Agency Concerns for the Proposed Improvements to US 17
from West of the Chowan River to SR 1503, Bertie County; State Project
No. 6.019001 T; TIP No. R-2404 B & C
Two issues have been brought to the Department's attention, which have relevance to the
issuance of Section 401 and Section 404 authorizations for the subject project. These unresclved
issues can be described as: (1) the Department's justification for the proposed lateral ditch design
east of station 102+00, and (2) a resource agency objection to the proposed compensatory
mitigation for anticipated wetland impacts at Salmon Creek. The first issue was raised by the
Corps of Engineers; the second by the National Marine Fisheries Service in response'to the
Section 404 public notice review. The following information is provided in an attempt to resolve
these concerns to the satisfaction of the regulatory and review community.
Pro osed Ditch Desn_North of Station 102±00
The Department's Geotechnical, Hydraulics and Design Services Units were consulted in an
attempt to provide a accurate response to agency concerns about the cross-sectional dimensions
of the proposed lateral drainage ditch to be located between stations 102+00 and 115+00.
In an April 30, 1997 letter to the COE, the Department reported that its January 1997 application
for a Section 404 permit erroneously estimated lateral ditch effects at wetland sites 8, 9 and 10.
The January ditch effect value was computed on the erroneous assumption that the lateral ditch
was to be only 2 feet deep. When this error was noted, it was immediately corrected and reported
in the April 30 letter, which stated that ."...maximum ditch depths will be 6.5 feet... Although this
maximum depth will occur in only a portion of the wetlands, the calculation of revised ditch effect
for the three wetland sites ... is based upon this maximum value," The actual range oil ditch
depths through these wetland sites is 1-2 meters. In spite of these variable ditch depths, the
Department proposed compensatory mitigation based upon a "worst case" ditch effect calculation,
using a uniform 2 meter (-- 6.5-foot) ditch depth.

Page 2.
August 20; 1997
Mr. Bell
Geotechnical analyses of the soil profiles throughout this portion of the project revealed that the
presence of soft clayey soils in the upper portions of the roadway subgrade would require
undercutting to a depth of more than 1 meter to remove this material. The lateral ditch must be
cut deeper in order to insure positive drainage from the subgrade. The resulting ditch cross-
sections are proposed to be up to 1 meter below the bottom of the undercut sections. This is an
absolute requirement to facilitate the removal of water from the subgrade and is particularly
important during the construction interval. The presence of perched water in the subgrade during
the. period of heavy equipment usage would result in significant and continuous displacement of
the subgrade --- a highly unstable condition. Following construction, the lateral ditch will continue
to remove water from the subgrade, insuring a longer life of the roadway.
The long-term presence of significant quantities of water in the subgrade profile always results in
vertical, and, to a lesser extent; horizontal movement of soils. This phenomenon results from
differential consolidation due to the dissimilar responses of underlying soil regions to saturation.
The Department is vitally concerned not only in building a highway facility that is safe and efficient,
but also a highway which will not require major renovation due to its failure to plan for the
contingencies described above. Any compromise in the existing hydraulic design criteria will result
in an accelerated decay of the subgrade, a condition that will require significant investments in
repair and renovation, and which will expose the traveling public to hazards and inconveniences.
The only other way to.address the concerns about underlying ground water would be to modify
the roadway design by elevating the roadway profile 1-2 meters above what is proposed. This
design change would result in an additional construction cost estimated to be $1,725,000 and
would result in filling an additional 1.6 acres of wetlands due to the increase in the footprint of the
project. A ditch would still be required on the north side of the project to avoid diversion of water
onto adjacent properties that would result from the larger fills. This option is viewed to be
impracticable given the additional costs and the minor savings to a pine-plantation; non-riverine
wetland.
Compensatory Miti ation: Salmon Creek Wetland
Based upon its concerns for anadromous fishery resources, an aquatic resource of national
importance (ARNI), the National Marine Fisheries Service objected to the Department's proposal
to compensate for wetland losses at Salmon Creek. The Department's proposal was to replace
these losses at the Company Swamp Mitigation Bank at a ratio of 10:1. The Department's
rationale was that the wetlands at Salmon Creek are high quality bottomland hardwoods, similar to
the community being preserved at the Company Swamp. Furthermore, the mitigation bank is
located only 17-18 miles (as the crow flies) from the impact site. As the Department understands
the objection;; the mitigation proposal constitutes an out-of-basin replacement since the impact site
lies within the Chowan River Basin and the mitigation site lies within the Roanoke River Basin.
The significance of this concern lies in the fact that those fish which return to Salmon Creek during
the spawning runs in the late winter-spring seasons will experience a loss of habitat and the
proposed compensation would benefit fish which are imprinted to Roanoke River streams. The
NMFS wants to offset habitat losses by directing the mitigation at the same resource population.
Page 3
August 20, 1997
Mr. Bell
While the Department acknowledges that migrating fish usually are imprinted to specific drainages
within a single basin system, the concept of population-specific mitigation, although ideal, is a goal
which may be difficult, or even impossible to achieve in many instances. Furthermore, this
requirement lies outside the accepted framework of mitigation requirements previously made by
regulatory and review agencies for highway projects. For example, recent mitigation proposals by
the Department for a project in Chowan County (R-2512) did not result in similar objections by .
review agencies. In this instance, compensation for anticipated impacts to high quality bottomland
wetlands within the Chowan River Basin was approved at the Company Swamp site.
The reality associated with attempts to acquire suitable mitigation sites is that it is almost never
possible to achieve the highest ideal. The "on-site' concept is the ideal, but the economics of
single-site mitigation efforts is demonstrably impracticable, and the acquisition of larger, multi-
compartmental mitigation sites that are suitable are usually located at some distance from the
impact sites. The Department's mitigation proposals, routinely approved by permitting agencies,
often include out-of-basin concepts. Recent Chowan River Basin impacts have been mitigated
within the Roanoke and Pasquotank River Basins.
The challenge posed by mitigation requirements is substantial in its present form. To add
unprecedented conditions to an already arduous undertaking is considered by the Department to
be unreasonable, even though the Department recognizes the ecological relevance of such
requests. To acquiesce to such requirements, across the board, would translate into significant
burdens since virtually any riverine impact in the coastal plain would require same basin
compensation, when this has never been the absolute requirement by the regulatory authorities,
only the ideal to pursue. Furthermore, why isn't it equally relevant to require same stream system
compensation since the fish which enter a given drainage are usually imprinted to that single
stream ? There is a point of diminishing return, whereby efforts to address narrow resource
issues, such as sub-populations, can result in loss of momentum in the efforts achieved thus far.
While the Department is emphatic in its objections to any potential, across-the-board requirement
for such specificity (sub-population) in regulatory mitigation policies, there is no objection to a
request from any resource agency that attempts be made, where practicable, to embrace such
concerns in its mitigation proposals. In this regard, the Department is pleased to be able to
propose a practicable resolution to the Salmon Creek mitigation dilemma. In order to address the
concerns raised by the National Marine Fisheries Service, the Department proposes to offset
losses at the Salmon Creek wetland site by restoring an equal quantity of bottomland hardwood
wetlands adjacent to Pembroke Creek in Chowan County. In consultation with the Corps of
Engineers and the National Marine Fisheries Service, the Department is acquiring +/- 5 additional
acres immediately adjacent to the existing mitigation site at Pembroke Creek. Plan sheets are
being modified to reflect removal of old waste overburden, grading to adjacent wetland contours
and replanting site with species approved in the original Pembroke Creek Mitigation plan. These,
species include Atlantic white cedar and bald cypress. Impacts at Salmon Creek are anticipated to
be 2.44 acres; therefore, 2.44 acres of the new Pembroke Creek mitigation effort will be applied
against these losses at Salmon Creek. The remaining +/- 2.6 acres will be available for other,
future projects. Revised plan sheets and cross-sections, depicting the boundaries of the new
mitigation effort, grading plan and planting plan will be provided to you in the very near future.
Efforts are underway to finalize right of way acquisition for this additional acreage.
Page 4
August 20, 1997
Mr. Bell
The Department has made a quality effort to provide the Regulatory Branch with the supplemental
information requested (the Department's justification for ditch design), and has demonstrated its
willingness under the principal of practicability to address a supplemental resource agency
concern. Accordingly, it is requested that the Section 404 permit be issued at the earliest
opportunity. Construction letting for R-2404 is scheduled for October 1997 and bid documents,
bearing permits must be mailed to prospective bidders within the next 10 days. Your assistance in
this urgent matter is respectfully requested.
Thank you for your time and consideration. Please call M. Randall Turner should you have any
questions or comments.
Sincerely,
H.Franklin Vick, P.E., Manager
Planning & Environmental Branch-Division One
HFVlmrt
cc: Mr. Mike Smith, COE, Raleigh
Ms. Lynn W. Mathis, DCM, Elizabeth City
Mr. John R. Parker, DCM, Raleigh
Mr. John R. Dorney, DWQ, Raleigh
Mr. Ron Sechler, NMFS, Raleigh
Ms. Sara Winslow, DMF, Elizabeth City
Mr. John M. Hefner, USFWS, Raleigh
Mr. R.L. Hill, P.E_., NCDOT, Highway Design
Mr. A.L. Hankins, P.E., NCDOT, Hydraulics Unit
Mr. Kelly Barger, P.E., NCDOT, Program Development Branch
Mr. Tom Shearin, P. E., NCDO -1, Roadway Design Branch
Mr. W. J. Rogers, P.E., NCDOT, Structure Design Unit
Mr. D. R. Conner, P.E., NCDOT, Division One
Mr. M. Randall Turner, NCDOT, Division One
State of North Carolina IT
Department of Environment,
Health and Natural Resources • •
Division of Water Qualify
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary ID E 14's-J F1
A. Preston Howard, Jr., P.E., Director
January 15, 1997
Mr. Franklin Vick
N.C. Dept. of Transportation
Planning and Environmental Branch
P.O. Box 25201
Raleigh, NC 27611-5201
Dear Mr. Vick:
Re: Modification of Certification Number 3066
US 17 from Chowan River to US 17 Business near Edenton
DWQ #960280, COE #199400991
Bertie and Chowan Counties
TIP No. R-2512A, State Project No. 8.T010602
The Division of Water Quality has no objection to modification in the CAMA Permit
88-96 as described in your 27 November 1996 letter to Mr. Terry Moore of the Division of
Coastal Management. We have no objection to modification of the CAMA Permit along the
lines outlined in your letter. All other conditions of the Certification are still applicable.
Please call Mr. John Dorney at 919-733-1786 if you have questions.
cc: Wilmington District Corps of Engineei
Corps of Engineers Washington Field
Washington DWQ Regional Office
John Parker; DCM
Central Files
Division of Water Quality - Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer - 50% recycled/10% post consumer paper
Sincerely,
Uwa Uovvie2 e

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
December 19, 1996
Lieutenant Colonel Terry R. Youngbluth
District Engineer, Wilmington District
U.S. Army Corps of Engineers
P.O. Box 1890
Wilmington, North Carolina 24802-1890
Attention: Michael Bell
Dear Colonel Youngbluth:
The U.S. Fish and Wildlife Service (Service) has reviewed the
Public Notice for a Permit Modification, Action I.D. No. 199400991.
The permittee, the North Carolina Department of Transportation,
requests a permit modification because they underestimated the
extent of Federal jurisdictional wetlands which their construction
and maintenance techniques will impact (during the widening of 9.3
miles of US 17 in Chowan and Bertie Counties, North Carolina).
Specifically, the permittee seeks to clear and maintain an
additional 2.25 acres of floodplain and/or riparian wetlands
associated with the Chowan River, Pembroke Creek, and unnamed
tributaries. The permit's mitigation proposal included the
restoration of 1.93 acres in the Dismal Swamp Mitigation Site, and
debiting 13.3 acres in the Company Swamp Mitigation Bank.
Apparently, no additional mitigation is proposed for the requested
modification.
Additionally, the permittee seeks, without providing justification,
to change a Special Condition in the permit (item t, which requires
the beneficial use of bridge demolition rubble for the creation of
artificial reefs) from a required to an elective condition.
This is the report of the Service submitted pursuant to, and in
accordance with, provisions of the Fish and Wildlife Coordination
Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.) and the
Endangered Species Act of 1973 (87 Stat. 884, as amended; 16 U.S.C.
1531 et seq.).
The Service has no objections to modifications which more
realistically estimate the wetland acreage being lost due to the
permittee's activities. However, we are opposed to the conceptual
approval of the mitigation plan at this time, and to the change in
terms proposed for Special Condition t. We recommend that the
District Engineer provisionally issue a modified permit
incorporating the present acreage estimates and stipulating that
mitigation is to be resolved before any permit requests now before
him, or which may be submitted to him in the future, are approved.
We note that no attempt to avoid or minimize these additional
impacts has been made. We are concerned that the permittee may
systematically underestimate the extent of the impacts proposed
activities will have on trust resources, and, may consistently
emphasize mitigation over avoidance and minimization.
The Service notes that the objectives of the Clean Water Act and
the role of 404(b) (1) guidelines in meeting those objectives are
important components of impact assessment and the avoid, minimize,
then mitigate hierarchy. The parent legislation clearly identifies
the objectives of all activities authorized through it: "to restore
and maintain the chemical, physical, and biological, integrity of
the Nation's waters."
The simplest, and most effective means of meeting those objectives
are to avoid any activities are likely to adversely impact the
Nation's waters. In this particular instance, that could be
accomplished by working with local governments to effectively
regulate development so that US 17 does not have to be widened
and/or improved. This option also avoids most of the impacts
associated with the permitted activities.
Should avoidance prove unreasonable, current guidelines stipulate
that applicants (and permittees) attempt to minimize impacts.
Again, we believe that many of the impacts to open waters and
wetlands in this instance could be minimized (e.g., with alternate
highway designs).
The permittee's past and present reliance on mitigation and
restoration rather than avoidance or minimization is inconsistent
with the objectives of the parent legislation and with our 404(b)
guidelines. We believe that the permittee may have inadvertantly
fallen into a pattern of setting initial criteria which limit the
avoidance and minimization alternatives, thereby emphasizing
mitigation.
We have previously requested that no additional debits be provided
for the Company Swamp Mitigation Bank until the five year
assessment, and, if necessary, procedural modification, has been
completed. That assessment is itself about five years overdue. It
is our intention to convene a meeting of the signatories of. the
agreement forming the Company Swamp Mitigation Bank sometime this
winter or spring. We have also, in field visits to the site,
expressed misgivings about the success criteria and ecological
integrity of the Dismal Swamp Mitigation Site. We recommend that
alternate mitigation plans be developed, particularly for the
increased wetland acres degraded by the construction easements.
Finally, we believe that Special Condition t is reasonable and
prudent. It seeks to make a beneficial use of debris long ago
bought and paid for with public funds such as the Chowan River
Bridge. The demolition and replacement of the structure is a
public works project, and, to the best of our knowledge,
contractors were aware of this requirement when they bid on the
job.
In no case should any potential beneficial uses of construction
debris or materials be changed from a required stipulation to an
elective option by the contractors with no oversight. Should the
need for the material be more important elsewhere, or should the
intended beneficial use not have a need for the intended material,
then we recommend that the material be diverted. However, the
decision to divert material should not be made by private
contractors. Such practices may inadvertently create conflicts of
interest (e.g., clean fill may be more expensive than the bridge
debris; diverting that material may provide an economic incentive
for individuals that does not consider the external values of uses
beneficial to the general public).
We recommend the District Engineer modify the existing permit to
accommodate the reality of the permittee's underestimate of wetland
impacts. However, this modification should be conditioned to
ensure good faith mitigation efforts. We recommend not changing
the status of Special Condition t.
Finally, we recommend that the District Engineer seek to determine
whether there are consistent patterns in NCDOT's activities which
(1) underestimate wetland acreage likely to be impacted by proposed
activities, and (2) favor mitigation over avoidance and
minimization by limiting alternatives (to, in essence, build their
way or don't build at all options). Should either or both of our
concerns be verified as accurate, we further recommend that
corrective actions be developed and initiated.
We appreciate the opportunity to review this request. If you have
any comments or questions, please call Kevin Moody of my staff at
[phone] extension 19.
Sincerely,
John M. efner
Field Supervisor
CC: NCDWQ, Raleigh, NC (John Dorney)
NCWRC, Raleigh, NC (David Cox)
EPA, Wetlands Regulatory Program, Atlanta, GA (Thomas Welborn)
NMFS, Beaufort, NC (Larry Hardy)
FWS/R4:KMoody:KM/12/17/96:919/856-4520 ext.19:B:\KM-196
I
IL
State of North Carolina
Department of Environment,
Health and Natural Resources 1Tk1.9;TA
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary ID E H N F1
A. Preston Howard, Jr., P.E., Director
December 4, 1996
Mr. Franklin Vick
N.C. Dept. of Transportation
Planning and Environmental Branch
P.O. Box 25201
Raleigh, NC 27611-5201
Dear Mr. Vick,
Re: Certification Pursuant to Section 401 of the Federal Clean Water Act,
Proposed Improvements to US 17 from west of the Chowan River to US 17 Business, east
of Edenton
Project #960280, COE #199400991
Berrie and. Chowan Counties
Attached hereto is a copy of Certification No. 3066 issued to N. C. Department of
Transportation. This Certification replaces the one issued on 21 May 1996.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
reston oward, r. .E.
Attachments
960280. wqc
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington D) Regional Office
??o>'iti I)orne
fMr. John Parker, Division of Coastal Management
Central Files
Enviro. Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper

NORTH CAROLINA
Bertie and Chowan Counties
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401
Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of
Environmental Management Regulations in 15 NCAC 2H, Section .0500 to N. C. Dept. of
Transportation resulting in 18.45 acres of wetland impact and 0.22 acres of water impact in Bertie
and Chowan Counties pursuant to an application filed on the 15th day of March and 21st day of
November 1996 to improve US 17 from west of the Chowan River to US 17 business, east of
Edenton, TIP No. R-2512.
The Application provides adequate assurance that the discharge of fill material into the waters
of the Chowan River and Pembroke Creek and their tributaries in conjunction with the proposed
development in Bertie and Chowan Counties will not result in a violation of applicable Water
Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that
this activity will not violate the applicable portions of Sections 301, 302, 303, 306, 307 of PL 92-
500 and PL 95-217 if conducted in accordance with the application and conditions hereinafter set
forth.
Condition(s) of Certification:
That the activity be conducted in such a manner as to prevent significant increase in
turbidity outside the area of construction or construction related discharge (50
NTUs in streams and rivers not designated as trout waters by DWQ; 25 NTUs in
all saltwater classes, and all lakes and reservoirs; 10 NTUs in trout waters).
2. DOT shall strictly adhere to North Carolina regulations entitled, "Design Standards
in Sensitive Watersheds" (15A NCAC 04B .0024) throughout construction of the
bridge at the Chowan River. Turbidity curtains or casings shall be installed around
any bottom disturbing activities and shall remain in place until sediments have
settled. These curtains shall extend to the river bottom.
3. DOT nor their contractors may not dredge work canals in the Chowan River.
4. Work barges shall be floated into place and then sunk. They shall not be sunk and
then dragged into place.
5 . Wet concrete shall not be allowed to contact water in Pembroke Creek, the
Chowan River or any tributaries of these bodies of water.
6. Temporary construction access fill shall be removed immediately after
construction has been complete in the area. If trees are removed. DOT shall
revegetate with the same species (or others with DWQ approval) within one year
after project completion.
7. If discharges of drilling fluids are proposed by DOT or their contractors, an
NPDES permit should be obtained from DWQ.
If an upland diked disposal area with return water will be used, a 401 Certification
will be needed (Nationwide 16).
9. Borrow and waste areas shall not be in wetlands.
10. Land clearing in wetlands shall conform to Method II (no clearing beyond toe of
slope) except for those locations specified in the 21 November 1996 public notice.

11. Surveys for submerged Aquatic Vegetation (SAV) shall be conducted prior to the
initiation of construction activities in the Chowan River. The area shall again be
surveyed immediately after completion of the bridge. A report detailing the
findings shall be submitted to DWQ for review. If SAV's have been lost, the
report shall also contain a mitigation plan to compensate for the losses. This
mitigation plan must be approved by DWQ.
12. Compensatory wetland mitigation shall be in accordance with the Corps of
Engineers. DWQ shall be copied on the approved ratio, location, size and
method of debit (restoration, enhancement, creation and preservation).
Violations of any condition herein set forth shall result in revocation of this Certification.
This Certification shall become null and void unless the above conditions are made conditions of
the Federal 404 and/or coastal Area Management Act Permit. This Certification shall expire upon
expiration of the 404 or CAMA permit.
If this Certification is unacceptable to you have the right to an adjudicatory hearing upon
written request within sixty (60) days following receipt of this Certification. This request must be
in the form of a written petition conforming to Chapter 150B of the North Carolina General
Statutes and filed with the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C.
27611-7447. If modifications are made to an original Certification, you have the right to an
adjudicatory hearing on the modifications upon written request within sixty (60) days following
receipt of the Certification. Unless such demands are made, this Certification shall be final and
binding.
This the 4th day of December, 1996
DIVISION OF WATER QUALITY
.
ston Doad, Jr
Pr .
WQC #3066
C k i ? t "t"F
L41L
?&Ac- 4"---
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID No. 199400991
PUBLIC NOTICE
PERMIT MODIFICATION
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December 26, 1996
NORTH CAROLINA DEPARTMENT OF TRANSPORTATION (NCDOT), DIVISION
OF HIGHWAYS, Post Office Box 25201, Raleigh, North Carolina 27611-5201, was issued,
on August 7, 1996, a Department of the Army (DA) permit TO FILL 16.20 ACRES OF
SECTION 404 WETLANDS AND FILL 0.22 ACRE OF OPEN WATERS OF THE
UNITED STATES ADJACENT TO THE CHOWAN RIVER, PEMBROKE CREEK, AND
THEIR UNNAMED TRIBUTARIES. THE PROJECT PURPOSE IS TO WIDEN 9.3
MILES OF U.S. 17, INCLUDING REPLACING THE BRIDGES OVER THE CHOWAN
RIVER AND PEMBROKE CREEK, FROM 0.5 MILES WEST OF THE CHOWAN RIVER
TO WEST OF U.S. 17 BUSINESS, EAST OF EDENTON, CHOWAN AND BERTIE
COUNTIES, NORTH CAROLINA, TIP NOS. R-2512A AND R-2512B, STATE PROJECT
NO. 8.T010602. The permittee has applied for a modification to the permit to:
a. Remove approximately 30 relict cypress stumps (see attached drawing) near the east
bank of the Chowan River in association with the authorized placement of sunken barges to
be used as construction platforms during bridge construction. The method of removal will be
limited to cable-extraction rather than excavation. A sedimentation boom will be used to
isolate the impact zone until disturbed sediments have settled out following the stump
extraction process.
b. Install a temporary, metal sheet pile retaining wall above the wetland boundary
which parallels the Chowan River shoreline to facilitate the movement of equipment from the
sunken barge platforms directly onto the temporary haul road which parallels the land trestle
on the east side of the Chowan river. This retaining wall (with wing walls) will retain
backfill material east of the wall contiguous with the proposed temporary haul road. The
only options to this method of equipment access are to construct a new temporary
dock/loading facility, or for the contractor to request use of the existing facility at the nearby
Waff Brothers Construction Company site. The latter option has been ruled out by the
applicant due to logistical limitations at the site. According to the applicant, construction of
a new temporary docking and loading facility would result in more serious environmental
consequences. Although the proposal will not effect any Section 404 jurisdictional areas,
-2-
construction of the retaining wall will occur within the State's Estuarine Shoreline AEC and
will require authorization from the Division of Costal Management.
c. Modify the temporary haul road to provide close contact between the contractor's
crane and trestle bent locations. This modification is needed to enable the contractor to
perform various lifting and/or hammering operations efficiently and safely. In order to
achieve this access, it is proposed that eleven temporary offsets be constructed, parallel to the
main axis of the temporary haul road which will result in an additional 0.8 acres of
temporary fill. One of these offsets will be located between each of eleven pairs of trestle
bent sites (See drawing). These offset areas will be constructed in the same manner as the
temporary haul road. Clearing, not grubbing, will be the method of vegetation removal, and
earthen fill material will be introduced only after geotechnical fabric has been installed. At
the completion of construction in this area, all fills and fabric will be removed and the area
restored to preconstruction elevations and contours.
The applicant feels that no permanent impacts to wetlands will result from this
proposed modification. Therefore, no compensatory wetland mitigation is proposed to offset
these impacts. The applicant further states that the measures outlined above are essential to
the efficient and safe operation of equipment during construction activities.
The North Carolina Department of Environment, Health and Natural Resources has
authorized the previously approved work.
The applicant has determined that the proposed work is consistent with the North
Carolina Coastal Zone Management Plan and has submitted this determination to the North
Carolina Division of Coastal Management (NCDCM) for their review and concurrence. This
proposal shall be reviewed for the applicability of other actions by North Carolina agencies
such as:
a. The issuance of a Water Quality Certification under Section 401 of the Clean
Water Act by the
North Carolina Division of Water Quality (NCDWQ).
b. The issuance of a permit to dredge and/or fill under North Carolina General Statute
113-229 by
the North Carolina Division of Coastal Management (NCDCM).
c. The issuance of a permit under the North Carolina Coastal Area Management Act
(CAMA) by
the North Carolina Division of Coastal Management (NCDCM) or their delegates.
-3-
d. The issuance of an easement to fill or otherwise occupy State-owned submerged
land under North Carolina General Statute 143-341(4), 146-6, 146-11, and 146-12 by the
North Carolina Department of Administration (NCDA) and the North Carolina Council of
State.
e. The approval of an Erosion and Sedimentation Control Plan by the Land Quality
Section, North Carolina Division of Land Resources (NCDLR), pursuant to the State
Sedimentation Pollution Control Act
of 1973 (NC G.S. 113 A-50-66).
The requested Department of the Army (DA) permit modification will be denied if any
required State or local authorization and/or certification is denied. No DA permit will be
issued until a State coordinated viewpoint is received and reviewed by this agency.
Recipients of this notice are encouraged to furnish comments on factors of concern
represented by the above agencies directly to the respective agency, with a copy furnished to
the Corps of Engineers.
This permit modification request is being considered pursuant to Section 404 of the Clean
Water Act(33 U.S.C. 1344). Any person may request, in writing within the comment period
specified in the notice, that a public hearing be held to consider this application. Requests
for public hearing shall state, with particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the National Register
of Historic Places for the presence or absence of registered properties, or properties listed as
being eligible for inclusion therein, and this worksite is not a registered property or property
listed as being eligible for inclusion in the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by the District Engineer, and he is
otherwise unaware of the presence of such resources. Presently, unknown archeological,
scientific, prehistorical, or historical data may be lost or destroyed by work under the
requested permit modification.
The District Engineer, based on available information, is not aware that the proposed
activity will affect species, or their critical habitat, designated as endangered or threatened
pursuant to the Endangered Species Act of 1973.
The decision whether to modify the permit will be based on an evaluation of the probable
impacts, including cumulative impacts, of the proposed activity and its intended use on the
public interest. Evaluation of the probable impacts which the proposed activity may have on
the public interest requires a careful weighing of all those factors which become relevant in
each particular case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. The decision
-4-
whether to authorize a proposal, and if so the conditions under which it will be allowed to
occur, are therefore determined by the outcome of the general balancing process. That
decision should reflect the national concern for both protection and utilization of important
resources. All factors which may be relevant to the proposal must be considered including
the cumulative effects thereof. Among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards and
flood plain values (in accordance with Executive Order 11988), land use, navigation, shore
erosion and accretion, recreation, water supply and conservation, water quality, energy
needs, safety, food and fiber production, mineral needs, considerations of property
ownership, and, in general, the needs and welfare of the people. For activities involving the
placement of dredged or fill materials in waters of the United States, a permit will be denied
if the discharge that would be authorized by such permit would not comply with the
Environmental Protection Agencies' 404(b)(1) guidelines. Subject to the preceding sentence
and any other applicable guidelines or criteria, a permit will be granted unless the District
Engineer determines that it would be contrary to the public interest.
The Corps of Engineers is soliciting comments from the public; Federal, State and local
agencies and officials; Indian Tribes and other interested parties in order to consider and
evaluate the impacts of this proposed, activity. Any comments received will be considered by
the Corps of Engineers to determine whether to issue, modify, condition or deny a permit for
this proposal. To make this decision, comments are used to assess impacts on endangered
species, historic properties, water quality, general environmental effects and the other public
interest factors listed above. Comments are used in the preparation of an Environmental
Assessment (EA) and/or an Environmental Impact Statement (EIS) pursuant to the National
Environmental Policy Act (NEPA). Comments are also used to determine the need for a
public hearing and to determine the overall public interest of the proposed activity.
Generally, the decision whether to issue this Department of the Army (DA) permit
modification will not be made until the North Carolina Division of Water Quality (NCDWQ)
issues, denies, or waives State certification required by Section 401 of the Clean Water Act.
The NCDWQ considers whether or not the proposed activity will comply with Sections 301,
302, 306, and 307 of the Clean Watef Act. The application and this public notice for the
Department of the Army (DA) permit serves as application to the NCDWQ for certification.
Additional information regarding the Clean Water Act certification may be reviewed at
the offices of the Environmental Operations Section, North Carolina Division of Water
Quality (NCDWQ), Salisbury Street, Archdale Building, Raleigh, North Carolina. Copies of
such materials will be furnished to any person requesting copies upon payment of
reproduction costs.

-5-
All persons desiring to make comments regarding the permit modification for Clean
Water Act certification should do so in writing delivered to the North Carolina Division of
Water Quality (NCDWQ), 4401 Reedy Creek Road, Raleigh, North Carolina 27611-7687,
on or before January 9, 1997, Attention: Mr. John Dorney. .
Written comments pertinent to the proposed permit modification, as outlined above,
will be received in this office, Attention: Mr. Michael F. Bell, Washington Regulatory
Field Office, Post Office Box 1000, Washington, North Carolina 27889-1000, until
4:15 p.m., January 9, 1997, or telephone [phone], extension 26.

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MEMORANDUM
Division of Water Quality
Washington Regional Office
December 20, 1996
To: David Moye, DCM-Washington
From: Deborah Sawyer /- ?
Subject: Modification of CAMiA Permit No. 88-96
. NC DOT Bridge No. 38, Chowan River on US 17
Chowan County .
E NR
This office has reviewed the above subject modification request. The removal of the cypress
stumps should not cause adverse water quality concerns. The access roads are temporary and with
removal and restoration of the impacted areas, post construction of the bridge, should not cause
permanent losses of wetlands. It is therefore the recommendation of this office that the
modification request be issued for this project.
If you have any questions or comments, please contact this office. Thank you.
cc: Dorney
Randy Turner, NC DOT
ton,
'y F
J
i
State of North Carolina
Department of Environment,
Health and Natural Resources ?4
Division of Coastal Management 41i
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary p E F=I
Roger N. Schecter, Director
TO: Deborah Sawyer - NC Division of Water Quality
Sara Winslow - NC Division of Marine Fisheries
Chad Thomas - NC Wildlife Resources Commission
FROM: David Moye ZK
DATE: 11 December 1996
SUBJECT: Modification of CAMA Permit No. 88-96
Attached is a letter from Randy Turner (NC DOT) requesting a modification to CAMA
Major Permit No. 88-96 which was issued to the NC DOT for the replacement Bridge No. 38
over the Chowan River on US 17 in Bertie and Chowan Counties in North Carolina. NC DOT is
requesting 3 specific changes to the permit;
1. The removal of cypress stumps in the location of the sunken barges at the east (Chowan
County) side. No review was made in the original application of this type of work.
2. The construction of an access from the river shore on the east side to the permitted
temporary fill access road. This proposal will not impact any wetland areas and fill will
be limited to existing high ground.
The construction of finger access roads perpendicular to the temporary fill access road in
the 404 area. This type of request has been reviewed previously as a temporary impact to
the 404 and will be removed at the completion of the project.
I am requesting your written response to the 3 modifications of the permitted project as
described in the attached letter. Thank you for your prompt response.
cc: ,Terry Moore - DCM
John Parker - DCM, Raleigh
Randy Turner - ITC DOT
1424 Carolina Avenue, Washington, North Carolina 27889 Telephone [phone] FAX [phone]
r-
An Equal Opportunity Affirmative Action Employer cc a _?
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT JR. DIVISION OF HIGHWAYS GARLAND B. GARRETT JR.
GOVERNOR P.O. BOX 25201. RALEIGH. N.C. 27611-5201 SECRETARY
November 27, 1996
Mr. Terry Moore, District Manager
N.C. Department of Environment, Health
and Natural Resources
Division of Coastal Management
Washington District Office
1424 Carolina Avenue
Washington, NC 27889
Subject: Request for Modification to CAMA Major Development Permit No.
88-96; Bertie/Chowan Counties; TIP No. R-2512A; State Project No.
83010602
The Department of Transportation requests that the existing CAMA permit be
modified to provide suitable access for contractor equipment during construction of
eastern sections of the Chowan River Bridge and the land trestle, which is located east
of the Chowan River. There are three separate modifications which are necessary in
order to achieve the level of equipment access required for the project. These three
modifications are described below.
Underwater Obstacles
The Department's original permit application requested authorization to use
"sunken barges" as the construction platform from which the contractor will operate
cranes and other heavy equipment during the Chowan River bridge construction.
Unfortunately it was not known at the time that a portion of the route to be used by the
barges near the east bank of the Chowan River was littered with old, relict cypress
stumps (see drawing). Since sinking barges on these obstacles is not a reasonable
option, authorization to remove the stumps is requested. The method of removal of the
stumps will be limited to cable-extraction rather than excavation. A sedimentation
boom will be used to isolate the impact zone until disturbed sediments have settled out
following the stump extraction process.
Extension of Temporary Haul Road
In addition, the contractor needs to "walk" cranes from sunken barge platforms
directly onto temporary haul road which parallels land trestle on the east side of the
Chowan River. In order to achieve this access, the Department proposes to install a
temporary, metal sheet pile retaining wall above the wetland boundary which parallels
0
Page 2
November 27, 1996
Mr. Moore
the Chowan River shoreline (see drawing). This retaining wall (with wing-walls) will
retain fills east of the wall which are continuous with the proposed temporary haul road.
The only options to this method of equipment access is to construct a new temporary
docktloading facility, or for the contractor to request use of the existing facility at the
nearby Waff Brothers Construction Company site. The latter option has been ruled out
due to logistical limitations at the site. Construction of a new, temporary docking and
loading facility would result in more serious environmental consequences. Although the
proposal will not effect any Section 404 jurisdictional areas, the retaining wail will occur
within the Estuarine Shoreline AEC and will require authorization from the Division of
Coastal Management.
Temporary Crane Stations
Finally, the temporary haul road must be modified to provide close contact
between the contractor's crane and trestle bent locations. This juxtaposition is needed
to enable the contractor to perform various lifting and/or hammering operations
efficiently and safely. In order to achieve this access, it is proposed that eleven
temporary offsets be constructed, parallel to the main axis of the temporary haul road.
Each of these offsets will be located between each of eleven pairs of trestle bent sites
(See drawing). These offset areas will be constructed in the same manner as the
temporary haul road. Clearing, not grubbing, will be the method of vegetation removal,
and earth fills will be introduced only after geotechnical fabric has been installed. At the
completion of construction in this area all fills and fabric will be removed.
Since no permanent impacts to wetlands will result from the proposed
modifications, no compensatory wetland mitigation is recommended. The measures
outlined above are essential to the efficient and safe operation of equipment during
construction activities.
Thank you for your prompt attention to this request. Please call M. Randall
Turner if you need additional information.
7nklin Vick, PE., Manager
Planning & Environmental Branch
HFV/mrt Attachments
cc: Mr. Michael F. Bell, Corps of Engineers
Mr. T E. Brite, Resident Engineer
Mr. C. E. Lassiter, Jr., RE., Division Construction Engineer
Mr. David C. Robinson, PE., Ph.D., Permits/Mitigation Unit Head
M. Randall Turner, Division Environmental Officer
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Regulatory Branch
Action ID No. 199400991
Mr. John Dorney
Division of Water Quality
North Carolina Department of
Environment, Health, and Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607
Dear Mr. Dorney:
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We have received a permit modification request by the North Carolina Department of
Transportation (NCDOT), for Department of the Army (DA) authorization and a State Water
Quality Certification to:
a. Remove approximately 30 relict cypress stumps (see attached drawing) near the
east bank of the Chowan River in association with the authorized placement of sunken barges
to be used as construction platforms during bridge construction. The method of removal will
be limited to cable-extraction rather than excavation. A sedimentation boom will be used to
isolate the impact zone until disturbed sediments have settled out following the stump
extraction process.
b. Install a temporary, metal sheet pile retaining wall above the wetland boundary
which parallels the Chowan River shoreline to facilitate the movement of equipment from the
sunken barge platforms directly onto the temporary haul road which parallels the land trestle
on the east side of the Chowan river. This retaining wall (with wing walls) will retain
backfill material east of the wall contiguous with the proposed temporary haul road. The
only options to this method of equipment access are to construct a new temporary
dock/loading facility, or for the contractor to request use of the existing' facility at the nearby
Waff Brothers Construction Company site. The latter option has been ruled out by the
applicant due to logistical limitations at the site. According to the applicant, construction of
a new temporary docking and loading facility would result in more serious environmental
consequences. Although the proposal will not effect any Section 404 jurisdictional areas,
construction of the retaining wall will occur within the State's Estuarine Shoreline AEC and
will require authorization from the Division of Costal Management.
IN REPLY REFER TO
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1.890
January 6, 1997
-2-
c. Modify the temporary haul road to provide close contact between the
contractor's crane and trestle bent locations. This modification is needed to enable the
contractor to perform various lifting and/or hammering operations efficiently and safely.
In order to achieve this access, it is proposed that eleven temporary offsets be constructed,
parallel to the main axis of the temporary haul road which will result in an additional
0.8 acres of temporary fill. One of these offsets will be located between each of eleven
pairs of trestle bent sites (See drawing). These offset areas will be constructed in the same
manner as the temporary haul road. Clearing, not grubbing, will be the method of
vegetation removal, and earthen fill material will be introduced only after geotechnical fabric
has been installed. At the completion of construction in this area, all fills and fabric will be
removed and the area restored to preconstruction elevations and contours.
This activity is associated with the Department of the Army permit issued on
August 7, 1996, for TIP nos. R-2512a and R-2512b, State Project no. 8.T010602. Your
receipt of this letter verifies your acceptance of a valid request for certification in accordance
with Section 325.2(b)(ii) of our administrative regulations.
We are considering authorizing the proposed activity pursuant to Section 404 of the
Clean Water Act, and we have determined that a water quality certification is required under
the provisions of Section 401 of the same law. A Department of the Army permit will not
be granted until the certification has been obtained or waived.
In accordance with our administrative regulations, in most cases, 60 days after receipt of
a request for certification is a reasonable time for State action. Therefore, if you have not
acted o the request, or asked for an extension of time, by February 28, 1997, the District
Engineer will deem that waiver has occurred.
Thank you for your time and cooperation. Questions or comments may be addressed to
Mr. Michael F. Bell, Washington Regulatory Field Office, telephone [phone],
extension 26.
Sincerely,

David M. Lekson, P.W.S.
Field Office Manager
-3-
Copies Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of Environment,
Health and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
DEHNR
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December 20, 194
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DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID No. 199400991
PUBLIC NOTICE
PERMIT MODIFICATION
November 21, 1996
NORTH CAROLINA DEPARTMENT OF TRANSPORTATION (NCDOT), DIVISION OF HIGHWAYS,
Post Office Box 25201, Raleigh, North Carolina 27611-5201, was issued, on August 7, 1996, a Department of
the Army (DA) permit TO FILL 16.20 ACRES OF SECTION 404 WETLANDS AND FILL 0.22 ACRE OF
OPEN WATERS OF THE UNITED STATES ADJACENT TO THE CHOWAN RIVER, PEMBROKE CREEK,
AND THEIR UNNAMED TRIBUTARIES. THE PROJECT PURPOSE IS TO WIDEN 9.3 MILES OF U.S. 17,
INCLUDING REPLACING THE BRIDGES OVER THE CHOWAN RIVER AND PEMBROKE CREEK,
FROM 0.5 MILES WEST OF THE CHOWAN RIVER TO WEST OF U.S. 17 BUSINESS, EAST OF
EDENTON, CHOWAN AND BERTIE COUNTIES, NORTH CAROLINA, TIP NOS. R-2512A AND R-2512B,
STATE PROJECT NO. 8.T010602. The permittee has applied for a modification to the permit to:
a. CLEAR, AND MAINTAIN AN ADDITIONAL 2.25 ACRES OF 404 WETLANDS ADJACENT TO
THE CHOWAN RIVER, PEMBROKE CREEK, AND THEIR UNNAMED TRIBUTARIES TO MAINTAIN
CONSTRUCTION EASEMENTS ASSOCIATED WITH THE SUBJECT HIGHWAY. The following description
of the work is taken from data provided by the permittee in a letter dated October 31, 1996. The proposed permit
modification involves an additional 10 feet of clearing along the road shoulders to accommodate the use of
equipment to service erosion control structures and to allow for other construction impacts within 404 wetlands.
NCDOT proposed to mitigate the project impacts by restoring 1.93 acres of wetlands from Dismal Swamp
Mitigation Site in Gates and Perquimans County and by debiting 13.3 acres from the Company Swamp Mitigation
Bank in Bertie County. Plans showing the work are included with this public notice.
b. Change artificial reef enhancement requirements stated in Special Condition (t.) from mandatory
requirements to elective requirements by NCDOT contractors. Special Condition (t.) pertains to the use of rubble
from the Chowan River Bridge, which cannot be sold as scrap and is appropriate for use, to create artificial reefs
at the discretion of the North Carolina Division of Marine Fisheries (NCDMF). If the contractor elects to
construct artificial reefs, the Black Walnut Point Artificial Reef Site (36 degrees North and 76 degrees and 40
minuets West) will be used.
The North Carolina Department of Environment, Health and Natural Resources has authorized the previously
approved work.
The applicant has determined that the proposed work is consistent with the North Carolina Coastal Zone
Management Plan and has submitted this determination to the North Carolina Division of Coastal Management
(NCDCM) for their review and concurrence. This proposal shall be reviewed for the applicability of other actions
by North Carolina agencies such as:
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-2-
a. The issuance of a Water Quality Certification under Section 401 of the Clean Water Act by the
North Carolina Division of Water Quality (NCDWQ).
b. The issuance of a permit to dredge and/or fill under North Carolina General Statute 113-229 by
the North Carolina Division of Coastal Management (NCDCM).
c. The issuance of a permit under the North Carolina Coastal Area Management Act (CAMA) by
the North Carolina Division of Coastal Management (NCDCM) or their delegates.
d. The issuance of an easement to fill or otherwise occupy State-owned submerged land under North
Carolina General Statute 143-341(4), 146-6, 146-11, and 146-12 by the North Carolina Department of
Administration (NCDA) and the North Carolina Council of State.
e. The approval of an Erosion and Sedimentation Control Plan by the Land Quality Section, North
Carolina Division of Land Resources (NCDLR), pursuant to the State Sedimentation Pollution Control Act
of 1973 (NC G.S. 113 A-50-66).
The requested Department of the Army (DA) permit modification will be denied if any required State
or local authorization and/or certification is denied. No DA permit will be issued until a State coordinated
viewpoint is received and reviewed by this agency. Recipients of this notice are encouraged to furnish
comments on factors of concern represented by the above agencies directly to the respective agency, with a
copy furnished to the Corps of Engineers.
This permit modification request is being considered pursuant to Section 404 of the Clean Water Act
(33 U.S.C. 1344). Any person may request, in writing within the comment period specified in the notice,
that a public hearing be held to consider this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the National Register of Historic Places
for the presence or absence of registered properties, or properties listed as being eligible for inclusion therein,
and this worksite is not a registered property or property listed as being eligible for inclusion in the Register.
Consultation of the National Register constitutes the extent of cultural resource investigations by the District
Engineer, and he is otherwise unaware of the presence of such resources. Presently, unknown archeological,
scientific, prehistorical, or historical data may be lost or destroyed by work under the requested permit
modification.
The District Engineer, based on available information, is not aware that the proposed activity will affect
species, or their critical habitat, designated as endangered or threatened pursuant to the Endangered Species
Act of 1973.
The decision whether to modify the permit will be based on an evaluation of the probable impacts,
including cumulative impacts, of the proposed activity and its intended use on the public interest. Evaluation
of the probable impacts which the proposed activity may have on the public interest requires a careful
weighing of all those factors which become relevant in each particular case. The benefits which reasonably
may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments.
The decision whether to authorize a proposal, and if so the conditions under which it will be allowed to occur,
are therefore determined by the outcome of the general balancing process. That decision should reflect the
national concern for both protection and utilization of important resources. All factors which may be relevant
to the proposal must be considered including the cumulative effects thereof. Among those are conservation,
economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood
i
-3-
hazards and flood plain values (in accordance with Executive Order 11988), land use, navigation, shore erosion
and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber
production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the
people. For activities involving the placement of dredged or fill materials-in waters of the United States, a permit
will be denied if the discharge that would be authorized by such permit would not comply with the Environmental
Protection Agencies' 404(b)(1) guidelines. Subject to the preceding sentence and any other applicable guidelines
or criteria, a permit will be granted unless the District Engineer determines that it would be contrary to the public
interest.
The Corps of Engineers is soliciting comments from the public; Federal, State and local agencies and officials;
Indian Tribes and other interested parties in order to consider and evaluate the impacts of this proposed activity.
Any comments received will be considered by the Corps of Engineers to determine whether to issue, modify,
condition or deny a permit for this proposal. To make this decision, comments are used to assess impacts on
endangered species, historic properties, water quality, general environmental effects and the other public interest
factors listed above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an
Environmental Impact Statement (EIS) pursuant to the National Environmental Policy Act (NEPA). Comments
are also used to determine the need for a public hearing and to determine the overall public interest of the
proposed activity.
Generally, the decision whether to issue this Department of the Army (DA) permit modification will not be
made until the North Carolina Division of Water Quality (NCDWQ) issues, denies, or waives State certification
required by Section 401 of the Clean Water Act. The NCDWQ considers whether or not the proposed activity
will comply with Sections 301, 302, 306, and 307 of the Clean Water Act. The application and this public notice
for the Department of the Army (DA) permit serves as application to the NCDWQ for certification.
Additional information regarding the Clean Water Act certification may be reviewed at the offices of the
Environmental Operations Section, North Carolina Division of Water Quality (NCDWQ), Salisbury Street,
Archdale Building, Raleigh, North Carolina. Copies of such materials will be furnished to any person requesting
copies upon payment of reproduction costs.
All persons desiring to make comments regarding the permit modification for Clean Water Act certification
should do so in writing delivered to the North Carolina Division of Water Quality (NCDWQ), 4401 Reedy Creek
Road, Raleigh, North Carolina 27611-7687, on or before December 6, 19%, Attention: Mr. John Dorney.
Written comments pertinent to the proposed permit modification, as outlined above, will be received
in this office, Attention: Michael F. Bell, Washington Regulatory Field Office, Post Office Box 1000,
Washington, North Carolina 27889-1000, until 4:15 p.m., December 6, 1996, or telephone [phone],
extension 26.
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DISTRICT ENGINEER
U.S. ARMY ENGINEER DISTRICT, WILMINGTON
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
OFFICIAL BUSINESS
SAWCO
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001992
NC DEPT OF ENVIRONMENT, HEALTH
AND NATURAL RESOURCES
DIV OF ENVIRONMENTAL MANG
ATTN: MR. JOHN DORNEY
4401 REEDY CREEK RD
RALEIGH, NC 27611-7687
IMPORTANT!
THIS IS A PUBLIC NOTICE
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STATE OF NORTH CAROLINA
DEPARTMENT OF TPANSPORTATIO G ND B. GAR KM J1L
JAMBS B. HUNT )P- D WISION Of HIGHWAYS SECRETARY
GovEWOit P.O, BOX 25201, PALE1GH. N.G. 2761I-5201
October 31, 1996
Mr. Michael F. Bell, P.W.S., R.P.M.
U.S. Army Corps of Engineers
Washington Regulatory Field Office
P.O. Box 1000
Washington, NiC 27889-1000
SUBJECT: Request to Modify Department of the Army Permit No. 199400991 for:
Proposed Improvements to US-17 (Including a New Bridge Over the Chtrwan
River) from West of the Chowan River to West of US-I7 Business, East of
Edenton; Bertie & Chowan Counties; TIP Nos. R-2512A & R-2512B; State
Project No. 87010602
The Department of Trartsp4ration requests that the existing DOA Permit be modified to
(1) authorize additional impacts to wetlands that will result from mechanized land clearing tern feet
beyond the slope-stake line in some wetland areas; and (2) accommodate recently-evressed
environmental concerns relating to lead-bearing paint on steel stuatural members ofthe old (existing)
Chowan River bridge, and the Division of Marine Fisheries' (DMF) criteria that precludes the use of
small pieces of rubble at reef sites.
M ftcat+on #1' Expanded Clearing Limi
The expanded clearing limits are necessary at designated wetland sites to effectively maintain
erosion control devices throughout the life of the project. The additonal impacts from meclanized
clearing of vegetated wetlands an additional ten feet beyond the permitted footprint totals only 2.25
acres. The additional impacts, by wetland site is provided below in Table 1.
Tab1er 1 from Mechaniz Clearin at Wetland
Imps Si'?es (R-2512)
Project .
Wetiand Site 5tatlou.No. Impact (in scree)
0
32
R2512A 1 1+140 to 1+320 (L) .
0
28
R-2512A 2 1+623 to 1+695 (l..) .
15
0
R-2512A 3 1+705 to 1+800 (L) .
0
64
R-251213 7B 4+900 to 5+313 (L,) .
69
0
R -2512B 8 7+350 to 8+370 (L) .
05
0
R-2$128 9 8+500 to 8+555(L) .
05
0
PI-2 11 14+086 to 14+113 (L) .
0
07
R-251213 25128 12 f}t 521 to 0+565 (Ramp D) .
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d a1te9 7A rnd UP, Sites 4.6 arc oQen water
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Note; NO ndditi0aad 6npMeN due t0 m rn
ecbanlxid Ilea[ihg will be r*quire4 otwe
to aruslnn-corldrof devixcb which lie outside
and/or SAV sltes' ac-te cued moy Aso L,elmde very A`"11 areal for aaet+s
eFpantd (1(1-ft) Clearing Xont
A ..:r
NCDOT DIV 1 Fax:[phone] Dec 2 '96 8:57 P.01
Page-')
October 31, 1996
Mr. Dell
It is recommended that any cornpernsatory mitigation requirements, which result from these
additional. impacts, should be applied at the same ratios and at the same mitigation sites as approved
under the original permit, i.e., 10:1 at Company Swamp Mitigation Bank for sites 7A, 713 and 8
(-13.3 acres-see Table 1 above); all other impacts 2.1:1 at the Dismal Swamp Wgaion Site
01.93 acres-see Table 1 above).
Modification Q, Uisg,osal of old (existing) Chowan River Bridge
The Department requests that Special Condition "t" of the existing DOA permit be modified to
reflect recently-expressed environmental concerns relating to leadbearing paint on steel structural units
of the old bridge, and the DMF criteria that precludes the use of small pieces of rubble at reef sites.
The following paragraph, reviewed and approved by the DMF, should provide the necessary
safeguards to achieve the goals of the DMF and satisfy the concerns of other agencies.
Subject to compliance with regulations for disposal of materlids at artificial reef sites,
the Contractor will be allowed to place specific parts of the existing bridge on the Black WulAUt
Point Artificial Reef site. This site is located 2 to 3 miles downstream of the bridge at
approid mately 36°-00'-00"N latitude and 76040'00 longitude. 2nly entire bent caps and
concrete piles or portions of concrete piles will be allowed on the reef. Disposal of all other
parts of the existing bridge shall be in accordance with the Standard Speatications and
governing regulations. if the Contractor elects to utilize the reef site, pl teowent of material
shall be coordinated with and meet deployment specifications of the North Carolina Division of
Marine Fisheries. For specific requirements, contact either Mr. Steve Murphey, Artificial Reef
Coordinator, or Mr. Mike Marshall at [phone].
Your assistance in expediting approval of this modification request is appreciated. Note that
there is some urgency associated with the approval of modification 91 since the project has been
awarded and the contractor's availability date is imminent- If you have questions or concerns, please
call M. Randall Turner at (919) 3314737.
Y Slalcer Y,
. Franklin'Vick, P. E., Manager
Planning and Environmental Branch
HFV/mrt
Enclosures
cc: Mr. Michael Smith, CUE
W. 'Ferry ]Moore, DCM
Mr. Richard Watts, DCM
Mr. David 14. Robinson., Ph-D-, p.E_, N'CDOT
Mr. D. R. Conner, P.E., NCDOT
Mr. M. Randell Turner, NCDOT
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
May 21, 1996
Mr. Franklin Vick
N.C. Dept. of Transportation
Planning and Environmental Branch
P.O. Box 25201
Raleigh, NC 27611-5201
Dear Mr. Vick,
Re: Certification Pursuant to Section 401 of the Federal Clean Water Act,
Proposed Improvements to US 17 from west of the Chowan River to US 17 Business, east
of Edenton
Project #960280, COE #199400991
Bertie and Chowan Counties
Attached hereto is a copy of Certification No. 3066 issued to N. C. Department of
Transportation dated 21 May 1996.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
Attachments
960280.wgc
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DENT Regional Office
k,- r. John Dorney
Mr. John Parker, Division of Coastal Management
Central Files
ton Ilnward, J . I I.
Enviro. Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX tl 133 9959
. An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
f !
NORTH CAROLINA
Bertie and Chowan Counties
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Sectio.>n 401
Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina i )ivision
of Environmental Management Regulations in 15 NCAC 211, Section.0500 to N. C. I)el)t. of
Transportation resulting in 16.20 acres of wetland impact and 0.22 acres of water impact in 13crtic
and Chowan Counties pursuant to an application filed on the 15th day of March of 1996 to
improve US 17 from west of the Chowan River to US 17 business, cast of Edenton, I'll' No. 8-
2512.
The Application provides adequate assurance that tthc discharge of fill material into the waters
of the Chowan River and Pembroke Creek and their tributaries in conjunction with the proposed
development in Bertie and Chowan Counties will not result in a violation of applicable Watcr
Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that
this activity will not violate the applicable portions of Sections 301, 302, 303, 306, 307 of Pl, 92-
500 and PL 95-217 if conducted in accordance with the application and conditions hereinal'ter set
forth.
Condition(s) of Certification:
1. That the activity be conducted in such a manner as to prevent significant increase in
turbidity outside the area of construction or construction related discharge (50
NTUs in streams and rivers not designated as trout waters by llIM; 25 NTUs in
all saltwater classes, and all lakes and reservoirs; 10 NTUs in trout waters).
2. DOT shall strictly adhere to North Carolina regulations entitled, "Designs Standards
in Sensitive Watersheds" (I 5A NCAC 04B .0024) throughout construction of the
bridge at the Chowan River. Turbidity curtains or casings shall be instalicd ,wound
any bottom disturbing activities and shall remain in place until sediments have
settled. These curtains shall extend to the river bottonh.
3. DOT nor their contractors may not dredge work canals in the Chowan River.
4. Work barges shall be floated into place and then sunk. They shall not be sunk and
then dragged into place.
5. Wet concrete shall not be allowed to contact water in Vembroke Creek, the.
Chowan River or any tributaries of these bodies of water. .
6. Temporary construction access fill shall be removed immediately after
construction has been complete in the area. If trees are removed. DOT shall
revegetate with the same species (or others with DEM approval) within one year
after project completion.
7. If discharges of drilling fluids are proposed by DOT or their contractors, an
NPDES permit should be obtained from ])I'M.
If an upland diked disposal area with return water will be used, a 401 Certification
will be needed (Nationwide 16).

9. Borrow and waste areas shall not be in wetlands.
10. Land clearing in wetlands shall conform to Method 11(110 clearing beyond toe of
slope).
11. Surveys for submerged Aquatic Vegetation (SAV) shall be conducted prior to the
initiation of construction activities in the Chowan River. The area shall again be
surveyed immediately after completion of the bridge. A report detailing tine
findings shall be submitted to DEM for review. If SAV's have been lost, the
report shall also contain a mitigation plan to compensate for the losses. This
mitigation plan must be approved by DEM.
12. Compensatory wetland mitigation shall be in accordance witli the Corps of
Engineers. DEM shall be copied on the approved ratio, location, sire and
method of debit (restoration, enhancement, creation and preservation).
Violations of any condition herein set forth shall result in revocation of this Cetiifcation.
This Certification shall become null and void unless the above conditions are inade conditions of
the Federal 404 and/or coastal Area Management Act Permit. This Certification shall expire upon
expiration of the 404 or CAMA permit.
If this Certification is unacceptable to you have the right to an adjudicatory hearing upon
written request within sixty (60) days following receipt of this Certification. This request must be
in the form of a written petition conforming to Chapter 150B of the North Carolina General
Statutes and filed with the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C.
27611-7447. If modifications are made to an original Certification, you have the right to an
adjudicatory hearing on the modifications upon written request within sixty (60) days following
receipt of the Certification. Unless such demands are made, this Certification sliall be final and
binding.
This the 21 st day of May, 1996
DIVISION OF ENVIRONMENTAL MANAGEMENT
r , on oward, Jr. Pr
WQC #3066
State of.North Carolina -
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary, 5
A. Preston Howard, Jr, P.E., Director
May 21, 1996
Mr. Michael Bell
Corps of Engineers
P.O. Box 1000
Washington, NC 27889-1000
Dear Mr: Bell;
The Division of Environmental Management (DEM) is issuing Water Quality
Certification No. 3066 to the N.C. Department of Transportation for improvements to US
17 (TIP No. R-2512). A condition of the Certification is for a COE approved wetland
compensatory mitigation package. Mr. Eric Galamb spoke to Mr. Randy Turner on May
17, 1996. Mr. Turner verbally agreed to a 10:1 debit of the Company Swamp Mitigation
bank instead of the proposed 7.5:1. DEM suggests that this be a condition of the 404
permit for this project.
The DOT has agreed to remove the overburden on the east and west sides of
Pembroke Creek. The Division of Forest Resources has provided DOT with a planting list
for this location. DEM suggests that the COE permit require this additional mitigation
with a success criteria of 320 stems per acre surviving three years after planting.
All other mitigation proposed by DOT is acceptable to DEM provided there is a 10:1
debit of the Company Swamp, and the additional restoration of the overburden area at
Pembroke Creek.
Should you have any questions, please contact Mr. Eric Galamb at [phone].
EG/mpk
cc: John Parker; DCM
John Hefner; USFWS
Randy Turner; DOT
Sincerely,
R hn Dorney
B ological Supervisor
Division of Environmental Management e Environmental Sciences Branch
4401 Reedy Creek Rd., Raleigh, NC 27626-0535 • Telephone [phone] • FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
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RECEIVED
MAR 2 1 1996
STATE OF NORTH CAROLINA EW RON ? CENCES
DEPARTMENT OF TRANSPORTATION
JAMEs B. HUNT JR. DIVISION OF HIGHWAYS GARLAND B. GARRETT JR.
GOVERNOR P.O. BOX 25201, RALEIGH, N.C. 27611-5201 SECRETARY
March 12, 1996
Mr. Eric Galamb, Environmental Specialist
N.C. Department of Environment, Health
and Natural Resources
Division of Environmental Management
Wetlands and Aquatic Plants
4401 Reedy Creek Road
Raleigh, NC 27601
Dear Mr. Galamb:
Re: Final Avoidance/Minimization Coordination for: Proposed Improvements to US-
17 from West of the Chowan River to US-17 Business, East of Edenton, Bertie and
Chowan Counties; TIP No. R-2512; State Project No. 8.T010602; Federal Aid No.
CPI-0199(005)
The following information is provided in an effort to answer questions and
respond to concerns raised by state and federal agencies during the final, pre-permit
application field review of the proposed improvements to US-17 from west of the
Chowan River to east of Edenton. For construction management purposes; the project
has been subdivided into R-2512A (from approximately 800 meters west of the Cho\1van
River to approximately 650 meters east of the Chowan River) and R-2512B (from +/-
650 meters east of the Chowan River to US-17 business, east of Edenton). Both
projects are scheduled to be let to construction simultaneously (August 1996). A single
Section 404 permit application is being submitted for the overall project, inclusive of R-
2512A and R-2512B.
An interagency field review of the subject project was conducted on January 11,
1996. Attendees were given an opportunity to inspect the proposed alignment and
sites of anticipated impacts to wetlands and surface waters. During this inspection a
number of relevant questions were raised by one or more agency staff, including Mr.
David Cox (Wildlife Resources Commission), Mr. Eric Galamb (Division of
Environmental Management), Mr. Mike Bell (Corps of Engineers); Ms. Sara Winslow
(Division of Marine Fisheries) and Mr. David Moye (Division of Coastal Management). A
letter; which summarized and listed the concerns and questions raised by the state and
federal agencies, was mailed to all attendees on January 18, 1996.
The purpose of this letter is to provide responses to each of the issues and
questions raised by state and federal agencies during the field review. Each issue, or
question, and the Department's response is presented below.
Molt
A
Page 2
March 12, 1996
Mr. Galamb
RECEIVED
'MAR 2 1 1996
EWIRONMENTAL $O N a
BRANCH
Issue (1): The NCDO T is encouraged to submit separate CAMA lt•!la or
Development permits for the separate crossings of the Chowan River and
Pembroke Creek. Furthermore, the Division of Coastal Management QCM) is
likely to define the CAMA permit area as being "from high ground to high ground",
which means that impacts to the adjacent Reedy Point Swamp wetlands (Chowan,
River crossing) and the Pembroke Creek bottomlands (Pembroke Creek crossing)
must be included in the respective CAMA permit areas.
Response: The North Carolina Department of Transportation is submitting separate
CAMA applications for the Chowan River and Pembroke Creek crossings. Each
application will address a permit area that includes wetlands which are adjacent to the
public trust water for which a CAMA permit is required. The application for the Chowran
River crossing will be submitted to the Washington Field Office and the Pembroke
Creek crossing to the Elizabeth City Field Office of the DCM. A separate Individual
(Section 404) Permit application will be submitted to the US Army Corps of Engineers
(COE) for the entire project (R-2512A and P,-25128, combined).
• Question (2): Since erosion/sedimentation control standards for High Quality
Waters (HQWs) are being required for the project, will two tiers of sediment
curtains be used during pile installations (for the proposed Chowan River bridge) ?
Response: Erosion and sedimentation control standards for HQWs do not require two
tiers of sediment curtains. The Department does not see any benefit to be derived frorn
the addition of a second curtain tier. Turbidity curtains typically do not extend to the
river bottom. When used, the curtains are removed when the water inside the certain
has cleared of silts. Based upon studies conducted by the Department's Roadside
Environmental Unit, very little turbidity results from pile-jetting. Therefore; the
Department does not propose to use curtains at the sites of jetting operations, but
curtains will be used at sites where sediment disturbances will occur.
• Question (3): Can the Department assure agencies that woody vegetation
outside the slope-stake lines at interchange quadrants will not be destroyed by
construction activities ? Also. can the Department avoid impacts to these woody
zones from long-term vegetation management practices ?
Response: Woody vegetation beyond the construction limits, sight distance triangles;
and vehicle recovery areas at interchange sues will be left undisturbed. The clearing
limits for the project includes an area approximately 10 feet beyond the slope-stake line.
Overtime, periodic maintenance (trimming branches, etc.) will be required to maintain
sight distances to insure traffic safety.
• Question (4): Why can't the proposed construction access road for the planned
"land trestle" be located immediately north of the proposed eastbound lanes, in
lieu of the south side ? The north side of the proposed alignment will become part
of the median area, isolated between eastbound and westbound lanes.
RECEIVED
Page 3
March 12. 1996
Mr. Galamb
MAR 2 1 1996
`WRONN.ENTALS EN(?
Response: This question has resulted in much study and consideration by the
Department's Construction Unit. Placing the haul road between the proposed land
trestle and existing US 17 is considered to be too risky to the safety of the motoring
public and to those involved in construction activities. To relocate the haul road to the
north side of the land trestle would require extensive use of concrete barriers and sheet
piling in an attempt to shield the work area from vehicular impacts. Although this
methodology is conceptually valid and, in fact, can be observed in practice throughout
the state on highway projects, in this instance, even if such barriers were installed, not
enough work space would remain to safely operate cranes and other heavy equipment.
The Department is adamant about the establishment and maintenance of a safe
work zone for the public, the contractor and, of course, the Department's
employees. Consequently, it will not be possible to relocate the haul road to the
north side of the proposed alignment. The proposed haul road is a temporary
facility which will result in only minimal impacts to wetlands. None of the woody
vegetation will be grubbed and a geotechnical fabric will be laid down before any fill is
placed in the haul road footprint. To a large extent; the temporary causeway will
mitigate against subsurface compaction by insulating subsoils from forces imposed by
equipment. Following construction; the fills and underlying fabric will be removed.
• Question (5): Although the NCDOT has been forced to construct the land trestle
across approximately 400 meters of floodplain wetlands on the east side of the
Chowan River (apparently due to undesirable geotechnical conditions,!; why can't
the NCDOT bridge the remaining portion of these high quality bottomland ",etlands
(to approximately station 5+340) ?
Response: Geotechnical concerns were not the only factor which led to the decision to
bridge approximately 1,240 feet of wetlands in this area. In fact; construction of the
land trestle will cost the Department approximately $1,006,000 more than constructing
a roadway on fill. The trestle design was recommended only after considering both
geotechnical and wetland impacts. This additional bridging was viewed by the
Department as a practicable alternative to filling approximately 1;200 linear feet o
wetlands. Furthermore, it was determined to be feasible and did not compromise any
of the design teams' geometric constraints which dictate such things as maintaining the
trestle above the 10-year flood plain (Q10) and maintaining a slope fine that would
insure positive drainage from the Chov.ran River bridge/land trestle complex.
Unfortunately, the same cost factor can not be applied to an alternative which
extends the trestle further east. An engineering study was undertaken in an effort to
examine the feasibility of extending the trestle eastward to approximately station 4+900
(approximately 600 feet further east). The conclusion of this study is that moving the
end-bent 600 feet east would necessitate additional expenditures of S1.7 million for the
trestle extension (above the cost of a fill section), approximately $1.3 million for the
elevation of the bridge east of station 4+470 (the closest vertical curare); and $2 million
A
Page 4
March 12, 1996
Mr. Galamb
RECEIVED
MAR 2 1 1996
ENVIRONMENTAL SCIENOES
PRAN^H
to modify the interchange located at SR 1204. The total costs associated with this
alternative design, $5 million, do not reflect the costs of additional design effort. Only
approximately 0.6 acre of wetland would be spared from fills (approximately 1.5 acre
savings from the additional 600 linear feet of, bridging minus 0.9 acre of additional
impacts associated with the expanded footprint of the fill section east of 4+900).
Furthermore; since the relocated end-bent would have to be established at a higher
elevation than the proposed roadway elevation in order to hold the structure above the
Q10 elevation and provide room for maintenance underneath the structure; the bridge
east of station 4+470 and the roadway section east of station 4+900 would have to be
raised. Elevating the bridge structure would require larger footings, longer piles and
longer columns at an estimated cost of $1.3 million. Elevating the roadway would result
in two major consequences: (1) the interchange at SR 1204 would also have to be
elevated, resulting in an additional expenditure estimated to be $2 million, and (2) the
footprint of the elevated roadway section would impact approximately 0.9 additional acre
of wetland east of station 4+900.
This 0.6 acre net savings to wetlands would come at a cost of $8.33 million per
acre. The additional investment of tax dollars ($5 million) represents approximately 7.3
% of the total estimated construction and right of way costs of R-2512A ($68.7 million).
The cost of mitigation, estimated to be approximately $750;000 has been included in
the overall project cost.
To consider bridging to the end of the Reedy Point Swamp wetlands would
result in substantial expenditures; well above the estimated $5 million that would be
required to extend the land trestle only 600 feet, and the resultant savings in wetland
from fills would be minimal (< 3.5 acre).
The Department strongly believes that it has fulfilled its obligations under
Section 404 and its efforts to avoid and minimize impacts to wetlands to the maximum
extent practicable are clearly demonstrable. The Department voluntarily proposes to
bridge 1,200 linear feet of wetlands on the east side of the Chowan River. An
additional expenditure of $5 million to extend the land trestle approximately 600
additional feet, resulting in a wetland savings of < 1.0 acre; is not practicable.
Question (6): Why can't the NCDOT widen to the north side to avoid impacts to
higher quality wetlands, particularly at Pembroke Creek?
Response: On the west side of the Chowan River, a subdivision and a cemetery are
located north of existing US 17. The cemetery is the subject of archaeologicaifhistorical
investigation, but is thought to be part of the Edenhouse estate, which is eligible for the
National Register of Historic Places. The location of the "eligible" property and the
subdivision, and the relatively small differences in north side vs. south side wetland
scenarios led to the selection of a south side alternative. East of the Chowan River, the
North Carolina Wildlife Resources Commission (WRC) maintains a public boat ramp on
the north side of US 17. Any "use" of this 4(f) property would have been denied by the
RECEIVED
Page 5
March 12, 1996
Mr. Galamb
MAR 21 1996
EM tRoNwENTAE i s
rtb 4 .I'^..4
Federal Highway Administration unless there was no reasonable/prudent alternative.
Given the fact that the Department owns more right of way on the south side than on
the north side; and since wetland scenarios appeared to be approximately similar (pre-
delineation estimates suggested the recommended alternative was within 2-3 acres
[out of a total of +/- 20] of the alternative which would impact the least wetlands), it was
obvious to the Department that a reasonable and prudent alternative existed---a south
side alternative. East of the WRC boat ramp, a shift to the north side could not be
accomplished before the end of the wetland area, because of the geometric limits
imposed by acceptable highway design criteria. Furthermore, the.roposed service road
would have to be shifted northward. This would result in greater impacts to wetlands by `
the service road. Finally; at Pembroke Creek, the last major wetland concentration; the
WRC maintains a public Game Land west of the creek on the north side of US 17. The
only recourse on the north side to impacting the Game Land was to build the additional
two lanes and median section within the existing right of way north of US 17. it was
determined that insufficient right of , lay existed on the north side to accommodate the
fill section which would be required. In addition, the shift to the north would occur in a
1.5 mile section of roadway which would require demolition and replacement of the
existing roadway at an additional cost of $1.5 million. This cost could be higher,
depending on the nature of the undercut encountered.
Issue (7): An in-stream construction moratorium will be required for work in
Pembroke Creek. The moratorium will be in effect February 15-May 30.
Response: The Department acknowledges that no in-stream construction will be
permitted in Pembroke Creek between February 15 and May 30 of any year.
• Question (8): Why can't the proposed end-bent on the west side of the ChoWan
River be extended further west (to approximately station 1+540) to avoid impacts
to wetlands in this area ?
Response: Simply put; extending the bridge westward to station 1+540, a distance of
+/- 885 feet, would be very costly. Bridge surface elevations between the end-bent, at
its proposed location, and the bridge crest at the river channel have been critically
established to promote the removal of stormwater from the bridge surface. The last
vertical curve (station 2+200), located east of the end-bent (station 1+810) at its
proposed location, provides for a minimum +0.3 % slope on the bridge surface. This
tangent continues to roadway station 1+650, where the slope of the roadway tangent
changes to +0.95 %. Extending the bridge west to station 1+540 and maintaining
critical elevations to insure positive drainage would require that the bridge surface be
elevated to a point east of station 2+200. This would require larger foundations, piers,
and columns that support the affected bridge spans. The cost of extending the bridge
approximately 885 feet is estimated to be approximately $2.2 million more than a fill
section, not including the additional cost of up-sizing the structural supports on the
bridge (likely to exceed $1 million), or of additional design efforts. The savings of
RECEIVED
Page 6
March 12. 1996
Mr. Galamb
MAR 2 1 1996
ENVIROR&WAL gciciwss
r^r; piny
approximately 2 acres of wetland would result from the additional expenditure of > $3
million. The Department strongly believes that the anticipated additional costs for such
work is not practicable. This expenditure conservatively represents between 4 and 5 %
of the total project cost (construction, right of way and mitigation costs combined).
• Question (9): If the bridge is extended west as recommended in #8. cant the
proposed lateral service road through wetlands (stations 1+520 to 1+620) be
eliminated, permitting the occupants of Parcel #2 to utilize their existing driveway,
which will pass under the new bridge deck ?
Response: Constructing a service road under an extended Chowan River bridge
would necessitate raising the bridge above what would be required to merely extend the
bridge (see response #8 for discussion of bridge extension and elevation of bridge
surface). Based upon current design standards; a 15-foot vertical clearance would be
required under the bridge for a service road. This translates into a requirement to
elevate the bridge approximately 5.1 feet above the proposed road surface elevation in
order to accommodate a service road under the bridge. Obviously, this additional
elevation would translate into larger fill requirements west of the bridge section and
would result in larger impacts to adjacent properties, including wetlands lying west of
station 1+520. The costs and impacts associated with this design modification would
be impracticable.
• Issue (10): Pre-construction and post-construction surveys of the SAV zone on
the east side of the Chowan River will be required so that pre-construction
population data can be contrasted with post-construction profiles (for mitigation
purposes).
Response: Underwater surveys, conducted during the Environmental assessment
investigation, revealed the presence of submerged aquatic vegetation (SAVs) in the
shallows along the east shore of the Chowan River. The Department is committed to
providing reliable data on this population that will be useful in determinations of losses
due to construction activities and shading from the new bridge span. The Department
has agreed:
1. to conduct a definitive underwater survey to map the population, including
measuring population density and species composition; prior to construction
(Summer 1996) to establish a pre-construction community profile.
2. to conduct post-construction monitoring to ascertain losses, if any, that may result
from construction activities, including impacts from vertical bridge supports and
from sunken work barges.
3. to negotiate a reasonable monitoring program that is intended to elucidate a
correlation between actual population declines (if any occur) and the juxtaposition
with the new bridge, based upon an hypothesized shade-effect.
c . • •
Page 7
March 12; 1996
Mr. Galamb
RECEIVED
MAR 2 1 1996
ENVIRONMENTAL SCIENCES
C,,.7A I11W
Should the above information require clarification, or should additional questions
or comments arise, please contact Mr. M. Randall Turner, Division 1 Environmental
Officer at [phone].
Sincer y,
/tG?,n
H. Franklin Vick, P.E., Manager
Planning & Environmental Branch
HFV1mrt
CC' Mr. B. J. O'Quinn, P.E., Planning & Environmental Branch
Mr. Scott Blevins, Design Services Unit
Mr. John Frye; P.E., Structure Design Unit
Mr. Abdul Rahmani, Hydraulics Unit
Mr. J. R. Wilder, P.E., Construction Unit
Mr. Bill Johnson. Roadside Environmental Unit
Mr. C. E. Lassiter, Jr., P.E., Division. One
Mr. J. A. McInnis, Jr., P.E., Planning & Environmental Branch
Mr. M. Randall Turner. Division One
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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMEs B. HUNT JR. DIVISION OF HIGHWAYS
GOVERNOR P.O. BOX 25201, RALEIGH, N.C. 27611-5201
July 8, 1996
U.S. Army Corps of Engineers
Regulatory Field Office
6512 Falls of the Neuse Road
Suite 105
Raleigh, N.C. 27609
ATTN: Mr. Michael D. Smith, P.W.S.,
Chief, North Section
Dear Mr. Smith:
RECEi141?0
01 1,9
1996
GARLAND B. GARRETT JR.
SECRETARY
REFERENCE: Your June 26, 1996 Letter, suggesting minimization options at
Chowan River and Pembroke Creek wetlands associated with project R-2512
The North Carolina Department of Transportation has given serious
consideration to the recommendations outlined in the referenced letter, which are
paraphrased below.
1) RESTORE PEMBROKE CREEK WETLAND: Remove all existing fills located at
Pembroke Creek along the north side of US-17, which had been discharged into wetlands
during the construction of the existing US-17 alignment (mid-1970's).
2) KEEP 10-FOOT MEDIAN THROUGH CHOWAN RIVER WETLAND: Extend the
proposed 10-foot median section from the Chowan River eastward through the jurisdictional
wetland which lies adjacent to US-17.
3) INSTALL CROSS-PIPES IN CAUSEWAYS: Install hydrologic openings in the existing
and proposed causeways located in the Chowan River and Pembroke Creek floodplains to
provide for surface water exchanges between the wetland fragments north and south of US-17.
The following responses to these recommendations are provided for your
consideration. Please note that maximum consideration has been given to acceptance
of each recommendation. In the single instance where the department cannot concur
with the recommendation, cost was not a significant factor in the decision. Serious
technical considerations raise definitive concerns about efficacy and post-construction
integrity of sections of the roadway should the sub;ect recommendation be undertaken.
RESTORE PEMBROKE CREEK WETLAND
The department agrees to restore the wetland situated north of US-17 at
Pembroke Creek. This is a reasonable and equitable mitigation response to the late
discovery that a portion of the community on the north side of Pembroke Creek had
been previously converted to an upland during the original highway construction. The
anticipated construction schedule for the restoration of this site is as follows:
.M
M
Page 2
July 8, 1996
Mr. Smith
Clearing and Grubbing:
Grading and Borrow:
Site Preparation/Planting
Install Monitoring Wells
Start Finish
10/96 11/96
05/97 07/97
09197 12/97
02/98 02/98
This tentative schedule is subject to the availability of suitable plant propagules
and coordination of borrow activities with the project contractor. (Consideration is being
given to identifying the site as a required borrow site in the US-17 construction contract.
A decision on this will be made in the near future.) Although, recent geotechnical
assessments of the substrate indicate the material is not suitable for structural fills, the
soil may be useable on shoulders and interchange expanses.
The Department agrees to install four (4) automatic monitoring wells; locations
noted on the plan sheets. Data will be collected continuously from March-October and
monthly reports will be submitted to Mr. Michael Bell (Washington Regulatory Field
Office). Following first year data collection and monthly report submittals, discussions
will be initiated with the Corps of Engineers to evaluate the need for continued
hydrological monitoring. The Department further agrees to conduct routine monitoring
of the survival and growth of plant specimens; and will make same-species
replacements in any planting block which experiences more than 20% losses during
any monitoring year, as determined from stem counts; by species. The replacement of
specimens to achieve at least 80% coverage in any planting block will be completed
during the Fall following the annual mortality census which will be conducted during
each May, starting with the May immediately following plant installation. Monitoring of
survivability and annual control of aggressive, noxious growth will take place for three
(3) calendar years following the initial plant installation. A field inspection by the Corps
of Engineers will be requested during the fourth May following the initial plant
installation for the purposes of evaluating the success of the mitigation project.
A reference ecosystem is available both north and south of US-17 in the vicinity
of the mitigation site. A specific site will be identified in the presence of Mr. Michael Bell
and a fifth monitoring well will be located at this site. It is proposed that hydrological
monitoring at this site will mimic the same growling season schedule established at the
mitigation site.
The department has no objections to transferring ownership of the site to a
state; federal or private conservation agency; however, due to its small size (+/- b
acres); it is unlikely that any agency will find the acquisition to be in their interest. The
department would like to suggest that a conservation easement be established, as a
codicil to the existing deed. The conservation easement could be declared perpetual
without the possibility of development. The department seeks the advise and counsel
of the Corps of Engineers in this matter.
Page 3
July 8, 1996
Mr. Smith
KEEP 10-FOOT MEDIAN THROUGH CHOWAN RIVER WETLANDS
The department further agrees to modify the project design to keep the 10-foot
median section throughout the Chowan River wetlands. When this design modification
has been completed, a copy will be sent to your office.
INSTALL CROSS-PIPES IN CAUSEWAYS
This is the only one of the recommendations with which the department is
unable to concur. As you know, the department's Hydraulic Unit was previously asked
to examine the feasibility of installing the cross pipes in the causeways (existing and
proposed) at Pembroke Creek. The Hydraulics Unit concluded that cross-pipes
installed in the vicinity of Pembroke Creek would not transfer adequate amounts of
surface water flows under the causeways except during rare storm events (10-year
storms or larger). During those occasions when overbank flooding was occurring, the
surface water would be moving laterally out of the creek channel into the adjacent
swamp on both sides of US-17 with approximately equal energy and capacity.
Regardless of whether rising water is the result of precipitation, wind tides or a
combination of both, the swamp on both sides of US-17 would be equally exposed to
surface flows (assuming the fills are removed from the north-side wetland at Pembroke
Creek). The addition of cross pipes would merely provide for the establishment of an
equilibrium in the surface water continuum that might occur during a given storm event;
but the hydrological equilibrium would occur anyway, in the absence of cross-pipes.
Both sides would be equally inundated. An exchange of water through the cross-pipes
would not result in a net transfer of surface water to a hydrologically deficient side. This
conclusion is based upon an examination of cross-sections taken of normal ground on
both sides of Pembroke Creek and of flow characteristics at Pembroke Creek under
various flood-stage scenarios.
The exact same argument must be made for the Chowan River wetlands, except
that the surface flows not generated from direct precipitation, would come from across
the banks of the Chowan River. Opportunities for overbank flooding from the Chowan
River occur at numerous points south and north of US-17. The only difference in
surface water flows could be attributable to the wind vectors acting on the shoreline
during a given storm event. Installation of cross-pipes would only be useful in
transferring major storm event-surface water in the direction of the wind vector
accompanying the storm. If precipitation is heavy enough and of sufficient duration,
standing water will be achieved on both sides of the road. If the wind is sufficiently
strong and cross-pipes were present; the upwind side could theoretically yield
disproportionate amounts of water to the downwind side. !f the wind continued long
after the precipitation stopped, the upwind side could become relatively deficient in
surface water. If you take wind out of the formula, there should be no significant
differences in opportunities for surface water charging on either side of US-17.
Page 4
July 8; 1996
Mr. Smith
Finally, most of the wetlands on the east side of the Chowan River have been
classified in the NWI scheme as being "saturated", a characteristic trait of groundwater-
driven systems. A closer examination of mapping indicates the presence of "bay"
formations within the swamp complex. In fact, our geotechnical investigations suggest
that the water table lies within 12 inches of the surface. If this wetland functions as a
"flat", and the evidence suggests this to be the case; installation of culverts to restore
surface hydrological continuity would be unjustified.
In addition to the hydrological arguments against the efficacy of cross-pipes at
Chowan River and Pembroke Creek wetlands, there is a very compelling downside to
any activity that might interrupt the causeway fill-subsoil interface. When the causeway
was constructed during the mid-late 1970's, it was decided to employ a long-used
construction method, which called for the installation of a "corduroy" barrier between the
roadway fill and the underlying organic substrate. Geotechnical analyses determined
the subsoil to be a deep muck. Complete undercutting and removal of this material
was deemed impracticable. In order to stabilize the roadway; a log barrier was installed
and fill material was overlaid in lifts. These logs have functioned superbly over the
years as a "floating foundation" for the roadway. The department's geotechnical staff
have issued a stern admonition against disturbing this support barrier. Any attempts to
install cross-pipes could necessitate the cutting and/or removal of sections of the log
barrier, rendering these sections vulnerable to differential settling. Design of the new
causeway projects that this new fill will settle up to 3 feet prior to stabilizing. This
means that cross pipes could not be installed until after the settling had occurred.
In view of the hydrological and geotechnical realities described above, the
department respectfully requests that the cross-pipe recommendation be retracted. It
is our understanding that the recommended mitigation at Pembroke Creek will provide
for a fair and equitable justification for widening to the south. The department is going
to considerable expense to accomplish this undertaking. It is also our understanding
that the rationale for recommending the design modification (from a 46-foot to a 10-foot
median section) at the Chowan River wetlands was to provide evidence of sufficient
mitigation to offset the roadway fill section (vs. additional bridging) through a portion of
this high quality wetland. It bears recalling that the department's recommended design
provides for a (+/-) 400 meter-long trestle (bridge) across a sizable portion of these
wetlands. It was pointed out in the "avoidance/minimization" letter that the department
is spending an additional $1 million to build this trestle compared to the cost of building
a fill section. It would seem entirely appropriate to acknowledge this voluntary
mitigation effort in the overall critique of the project's avoidance and minimization
attributes.
The department is hopeful that the information provided will be useful to you and
your staff during the ongoing environmental assessment and pre-permit deliberations
for R-2512. Enclosed are plan sheets which depict plan view and cross-sectional views
of the Pembroke Creek Mitigation Site with existing and proposed contours shown.
Planting plans are also provided, showing planting scheme and species to be installed
Page 0
July 8, 1996
Mr. Smith
at the site. Please don't hesitate to call Randy Turner at [phone] should you
need additional information.
Sincerely,
H. Franklin Vick, RE., Manager
Planning & Environmental Branch
HFVlmrt
Enclosures
cc: Mr. Mike Bell, COE, NCDOT Coordinator
Mr. Eric Galamb, DEM, Water Quality Section
Mr. David Cox, NCWRC, NCDOT Coordinator
Mr. Howard Hall, USFWS, 404 Coordinator
Mr. Ron Sechler, NMFS, Beaufort
Ms. Sara Winslow, DMF, Elizabeth City
Mr. Kelly Barger, RE., NCDOT Program Development
Mr. Tom Shearin, RE., NCDOT Roadway Design
Mr. A. L. Hankins, RE., NCDOT Hydraulics Unit
Mr. John Smith, PE., NCDOT Structure Design
Mr. Don Morton, RE., NCDOT Design Branch
Mr. W.L. Moore, Ili, NCDOT Geotechnical Unit
Mr. D. R. Conner, RE., NCDOT Division 1 Engineer
Mr. M. Randall Turner, NCDOT, Division 1 Environmental Officer
® North Carolina Wildlife Resources Commission
512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391
Charles R. Fullwood, Executive Director
MEMORANDUM
TO: John R. Parker, Jr., Inland "404" Coordinator
Dept. of Environment, Health, & Natural Resources
FROM: Franklin T. McBride, Manager
Habitat Conservation Program
DATE: May 8, 1996
SUBJECT: U.S. Army Corps of Engineers Public Notice for Action ID No.
199400991, review of application for North Carolina Department of
Transportation (NCDOT) to fill approximately 0.22 acres of waters and
16.20 acres of wetlands to widen US 17, from west of the Chowan River
to just east of Edenton, Chowan and Bertie counties, North Carolina.
Staff biologists with the N. C. Wildlife Resources Commission (NCWRC) have
reviewed the information provided by the U.S. Army Corps of Engineers. Our comments
are provided in accordance with certain provisions of the Clean Water Act of 1977 (33
U.S.C. 466 et seq.) and the Fish and Wildlife Coordination Act (48 Stat. 401, as
amended; 16 U.S.C. 661-667d).
The proposed project involves construction of a Chowan River bridge and
widening existing US 17 from just east of the Chowan River to just east of Edenton to a
four-lane freeway. Impacts to wetlands and waters includes the filling of 0.22 acres of
surface waters and the filling of 16.20 acres of `404' wetlands adjacent to the Chowan
River, Pembroke Creek and their unnamed tributaries. Mitigation proposed by NCDOT
for these impacts involves debiting the Company Swamp Mitigation Bank at a 7.5:1 ratio
for the impacts to wetlands adjacent to the Chowan River and Pembroke Creek and
debiting the Dismal Swamp Mitigation site for the remainder of the impacts at a 2:1 ratio.
We participated in the interagency field review on January 11, 1996 and have
subsequently reviewed the additional information provided by Mr. Randy Turner. We
remain concerned about wetland avoidance issues in the areas of Pembroke Creek and the
Chowan River. These wetland systems have high functional values and are providing
important fish and wildlife habitat.
Questions were raised by the resource agencies regarding an alignment shift to the
north on the west of Pembroke Creek to use a disturbed area for the new construction.
NCDOT responded that this was not feasible. We concur with this conclusion, however,
Memorandum 2 May 8, 1996
we feel that NCDOT should restore the disturbed area as this is a direct result of the
original US 17 construction.
We requested that NCDOT investigate extending the new causeway, east of the
Chowan River to avoid wetlands. NCDOT responded that this is not feasible due to
added costs and design problems. We concur that the added costs do not justify the
wetland savings. We do feel that NCDOT should retain a barrier median through the
wetlands on the east side of the Chowan River and taper to the standard median in
uplands. We also feel that NCDOT should install pipe arches in the existing fill
causeway. These floodplain wetlands were significantly altered when the original US 17
was constructed and in absence of an avoidance option for this valuable swamp forest,
NCDOT should restore the hydrologic connectivity across the existing fill.
In addition to the mitigative measures discussed above, we recommend the
following conditions be include in the `404' permit:
1. No in-water work shall be conducted in Pembroke Creek during the period
February 15 to June 30.
2. The applicant or the contractor shall not dredge work canals in the Chowan
River.
3. Work barges shall be floated into place and then sunk. They shall not be sunk
then dragged into place.
4. Wet concrete shall not be allowed to contact the water in, Pembroke Creek, the
Chowan River, Albemarle Sound or their tributaries. Water inside coffer
dams or casings that has been in contact with wet concrete should only be
returned to the river when it no longer poses a threat to aquatic organisms.
5. Construction staging areas shall be situated in uplands, specifically not in
wetlands.
6. Temporary construction access structures shall be removed immediately after
construction has been complete.
7. Wetland sites impacted by temporary construction access shall be monitored to
insure that natural revegetation is occurring. If a site is not revegetating
within one year of the date the construction access is removed, NCDOT shall
plant the site with the original species that were present prior to the
construction.
8. Turbidity curtains or casings shall be installed around any bottom disturbing
activities and shall remain in place until sediments have settled.
9. Borrow and waste areas shall not be allowed in wetlands.
10. Cleared and maintained areas in wetlands shall be included in wetland impact
totals and shall be mitigated.
11. Surveys for Submerged Aquatic Vegetation (SAV) shall be conducted prior to
the initiation of construction activities in the Chowan River. The area shall
again be surveyed after construction is complete and a report detailing the
Memorandum
May 8, 1996
findings shall be submitted to the resource agencies for review. If SAVs have
been impacted, NCDOT shall provide acceptable mitigation.
We have no objection to the issuance of the `404' permit for this project provided
our recommendations are included as conditions of the permit.
Thank you for the opportunity to review and comment on this permit application.
If we can be of any further assistance please call David Cox, Highway Project
Coordinator, at [phone].
cc: U.S. Fish and Wildlife Service, Raleigh
Mike Bell, U.S. Army Corps of Engineers, Washington
John Dorney, Water Quality Section, DEM, DEHNR
State of. North Carolina
Department of Environment,
Health and Natural Resource
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
21 March 1996
MEMORANDUM
TO: Mr. A. Preston Howard, P.E., Director
Division of Environmental Management
FROM: John R. Parker, Jr.
Major Permits Processing Coordinator
SUBJECT: CAMA/Dredge and Till Permit Application Review
Applicant: North Carolina Department of Transportation
RECEIVED
MAR 2 61996
ENVIRONMEN rAL SCIENCES';
,,,u
Project Location: On US 17 at Bridge ##38 over the Chowan River between Windsor and
Edenton, Chowan and Bertie County, North Carolina
Proposed Project: To replace an existing two lane low span bridge with a new four land high
rise bridge immediately downstream of the present'location and remove the
existing bridge.
Please indicate below your position or viewpoint on the proposed project and return this forn>
by 11 April 1996. If you have any questions regarding the proposed project, please contact
David Moye at 946-6481, Ext 298. When appropriate, in-depth comments with supporting data
is requested.
REPLY This office has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the project only if the recommended
changes are incorporated. See attached.
This office objects to the project for reasons described in the
attached comments.
Signed wj
1424 Carolina Avenue, Washington, North Carolina 27889
An Equal Opportunity Affirmative Action Employer
Date. _5 )7-) q t
Telephone [phone] FAX [phone]
50%recycled/10%post-comurner paver

STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT JR. DIVISION OF HIGHWAYS
GOVERNOR PO Box 1405
Elizabeth City, NC 27909
Phone: [phone]
Fax [phone]
Ceq: [phone]
October 24, 1995
OC 3 U 1995
GARLAND B. GARRm JR.
SECRETARY
MEMORANDUM TO: Mr. Mike Bell, Army Corps of Engineers
Mr. Eric Galamb, Division of Enviromm enIxil Management
Mr. David Cox, Wildlife Resources Commission
Ms. L. K. Gant,. Fish and Wildlife Service
Mr. Ron Sechler, National Marine Fisheries Service
Mr. Harrell Johnson, Division of Marine Fisheries
Mr. Abdul Rahmani, NCDOT-Hydraulics Unit
Mr. John Taylor, P.E., NCDOT-Roadway Design
Mr. J. A. Bissett, Jr., P.E., NCDOT-P & E
Mr. Scott Gottfried, NCDOT-P & E
Mr. R. E. Capehart, P.E., NCDOT-Resident Engineer
FROM: M. Randall Turner, Division 1 Environmental Officer
Planning & Environmental Branch
SUBJECT: Proposed Improvements to US-64 from SR 1138 South of
Everetts to US-17 South of Williamston; Martin County; TIP No.
R-2112BA; State Project No. 6.099006T
A field inspection has been scheduled for November 13 and 14. The purpose of
the inspection is to allow state and federal review agencies an opportunity to review and
verify/critique (1) wetland delineations and (2) alignment's "avoidance/minimization"
attributes. Following the meeting, a memo will be sent to all attendees summa izing
issues requiring follow-up.
All parties should meet in the parking lot of the Williamston Holiday Inn at 10:00
AM November 13, 1995. All parties are encouraged to attend since this project is
scheduled for a June 1996 letting. If you are unable to attend, please arrange for a
substitute from your office.
cc: Mr. H. Franklin Vick, P.E., Planning & Environmental Branch
Mr. C.E. Lassiter; Jr., P.E., Division 1 Construction Engineer

i
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director

n

March 26, 1996

-7 A,
.. nTP..
,.,1-1 V."A' F<Z
MEMORANDUM
TO: Mr. A. Preston Howard, Director
Division of Environmental Management
FROM: John R. Parker, Jr.
Major Permits Processing Coordinator
SUBJECT:. CAMA/DREDGE & FILL Permit Application Review
Applicant:. NC DOT - Pembroke Creek
tZCCCI V&0
?pt? 01 1996
64!Ru,V&1E r SI:IcNCFS
Project Location: Pembroke Creek & US 17, Edenton, Chowan County
Proposed Project: Construct a new bridge and roadway parallel to the existing bridge
over Pembroke Creek.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form by April 16, 1996. If you have any questions regarding the proposed
project, please contact Dennis W. Hawthorn at [phone]. When appropriate, in-
depth comments with supporting data is 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. t:1ie
Signed
Date
1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer papor
,__._1 WRC,HCP,FALLS LAKE TEL:[phone] May 17°96 8:14 No.003 P.02
0 North. Carolina Wddhfe Resources Commission t
512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391
Charles R. Fullwood, Executive Director
MFMORANDU M
To. John R. Parker, Jr., inland 1-404" Coordinator
Dept, of Environment, Health, roc Natural Resources
FROM: Franklin T. McBride, Manager
Habitat Conservation Program
DATE: May 8,1996
SUBJLC'l': U.S. Army Corps of Engineers Public Notice for Action ID Nu.
199400991, review of application for North Carolina Department of
't'ransportation (NCDOT) to fill approximately 0.22 acres of waters and
16.20 acres of wetlands to widen US 17, from west of the Chowan River
to just east of Edenton, Chowan and Berrie counties, North Caroline.
Staff biologists with the N. C. Wildlife Resources Cornmission (NCWRC) have
reviewed the information provided by the U.S. Army Corps of Engineers. Our comments
are PTOvided in accordance with certain provisions of the Clean Water Act of 1977 (33
U,S.C. 466 cat seq.) and the Fish and Wildlife Coordination Act (48 Stat. 401, as
amended; 16 U.S.C. 661-667d).
The proposed project involves construction of a Chowan River bridge and
widening existing US 17 from just east of the Chowan River to just east of Edenton to a
four-lane freeway. Impacts to wetlands and waters includes the filling of 0.22 acres of
surface waters and the tilling of 16.20 acres of `404' wetlands adjacent to the Chowan
River, Pcmbrokc Creek and their unnamed tributaries. Mitigation proposed by NCDOT
for these impacts involves debiting the Company Swamp Mitigation Bank at a 7.5:1 ratio
for the impacts to wetlands adjacent to the Chowan River and Pembroke Creek and
debiting the Dismal Swamp Mitigation site for the remainder of the impacts at a 2:1 ratio,
We participated in the intcragcnay field review on January 11, 1996 rand have
subsequently reviewed the additional information provided by Mr. Randy Tumer. We
remain concerned about wetland avoidance issues in the areas of Pembroke Creek and the
Chowan River. 't'hese wetland systems have high functional values and are providing
important fish and wildlife habitat.
Questions were raised by the resource agencies regarding an alignment shift to the
north on the west of Pembroke Creek to use a disturbed area for the new construction.
N(:17t7`l' responded that this was not feasible. We concur with this conclusion, however,
NQWRC,HCP,FALLS LAKE TEL:[phone] May 17'96 8:15 No.003 P.•03
Memorandum 2 May 8, 1996
we feel that NCDOT should restore the disturbed area as this is a direct result of the
original US 17 construction,
We requested that NCDOT investigate extending the new causeway, east of the
Chowan River to avoid wetlands. NCDOT responded that this is not feasible due to
added costs and design problems. We concur that the added costs do not justify the
wetland savings. We do feel that NCDOT should retain a barrier median through the
wetlands on the east side of the Chowan River and taper to the standard median in
uplands. We also feet that NCDOT should install pipe arches in the existing fill
causeway. These floodplain wetlands were significantly altered when the original US 17
was constructed and in absence of an avoidance option for this valuable swamp forest,
NCDOT should restore the hydrologic connectivity across the existing fill.
In addition to the mitigative measures discussed above, we recommend the
following conditions be include in the `404' permit:
1. No in-water work shall be conducted in Pembroke Creek during the period
February 15 to June 30,
2. The applicant or the contractor shall not dredge work canals in the Chowan
River.
3, Work barges shall be floated into place and then sunk. They shall not be sunk
then dragged into place.
4. Wet concrete shall not be allowed to contact the water in, Pembroke Creek, the
Chowan River, Albemarle Sound or their tributaries. Water inside coffer
dams or casings that has been in contact with wet concrete should only be
returned to the river when it no longer poses a threat to aquatic organisms.
5. Construction staging areas shall be situated in uplands, specifically not in
wetlands.
6. Temporary construction access structures shall be removed immediately after
construction has been complete.
7. Wetland sites impacted by temporary construction access shall be monitored to
insure that natural mvegetation is occurring. If a site is not revegetating
within one year of the date the construction access is removed, NCDOT shall
plant the site with the original species that were present prior to the
construction.
8. Turbidity curtains or casings shall be installed around any bottom disturbing
activities and shall remain in place until sediments have settled.
9. Borrow and waste areas shall not be allowed in wetlands.
14. Cleared and maintained areas in wetlands shall be included in wetland impact
totals and shall be mitigated.
11. Surveys for Submerged Aquatic Vegetation (SAV) shall be conducted prior to
the initiation of construction activities in the Chowan River. The area shall
again be surveyed after construction is complete and a report detailing the
NCWRC,HCP,FALLS LAKE TEL:[phone] May 17'96 8:16 No.003 P.04
Memorandum 3 May 8, 1996
findings shall be submitted to the resource agencies for review, If SAVs have
been impacted, NCDOT shall provide acceptable mitigation.
We have no objection to the issuance of the `404' permit for this project provided
our recommendations are included as conditions of the permit.
'T'hank you Jbr the opportunity to review and comment on this permit application.
if we uun be of any further assistance please call David Cox, Highway Project
Coordinator, at [phone],
cc: U.S. Fish and Wildlife Service, Raleigh
Mike Bell, U.S. Army Corps of Engineers, Washington
Jahn Dornoy, Water Quality Section, DEM, DEHNR
;-
60
?•?°?'?-. 1V4N
4Ev ? b 199
RpN,yS,r^L S 6
STATE OF NORTH CAROLINA r O
DEPARTMENT OF TIZANSPORTATION
JAMES B. HUNT JR. DIVISION OF HIGHWAYS GARLAND B. GARRETT JR.
GOVERNOR P.O. BOX 25201, RALEIGH, N.C. 27611-5201 SECRETARY
March 15; 1996
U.S. Army Corps of Engineers
Regulatory Field Office
6512 Falls of the Neuse Road
Suite 105 t "
Raleigh, North Carolina 27615 MAR 2 6
ATTENTION- Mr. Michael Smith ,r
Chief. Northern Section
Dear Sir-
SUBJECT- Section 404 individual Permit Application for the Proposed
Improvements to US 17 from West of the Chowan River to US 17
Business, East of Edenton. Bertie and Chowan Counties; TIP No. 8-
2512: State Project No. 8. TO 10602.- Federal Aid No. DPI-0199(005)
The North Carolina Department of Transportation is proposing to widen an
existing 2-lane section of US 17 to a 4-lane, median-divided roadway from
approximately 0.5 mile west of the Chowan River to US 17 Business, east of Edenton
(Figure 1). The 9.3 miles of improvements include the construction of anew fixed-
span, high-rise bridge across the Chowan River; replacing the existing 2-lane, swing-
span structure. For construction management purposes, the Department has broken
the project into two sections, identified as R-2512A (from +i- 0.5 mile west of the
Chowan River to +/- 0.4 mile east of the Chowar. River) and R-2512B (from R-251 2A to
US 17 Business, east of Edenton). Both sections will be iet to construction in August
1996. A single Section 404 permit application is being submitted for both sections
combined.
Purpose and Need
The focus of the subject project is to provide a multi-lane transportation corridor
link that ultimately provides for a high speed connection between Norfolk and Raleigh.
The United States Department of Transportation Appropriations Act for 19911 -92 and
the Intermodal Surface Transportation Efficiency Act of 1991 both provided funding for
a four lane highway between Elizabeth City and Raleigh. The intent of this funding is to
stimulate economic development in northeastern North Carolina. in addition to the
strategic, economic development role served by this proposal; construction of a fixed-
span, high rise bridge across the Cho?.van River will resUt in increased user efficiency
by eliminating the bottleneck represented by the existing swing-span bridge structure.
E ?E i
. «.

Page 2
March 15, 1996
Mr. Smith
NEPA DocLimentation
An Environmental Assessment (EA) study was initiated in July 1992 for R-2512
following a determination that the proposal was not likely to result in significant,
detrimental effects to the environment. The EA was completed on June 29. 1994.
Based upon the results of the EA, the Federal Highway Administration authorized the
issuance of a Finding of No Significant impact (FONSI), which was completed on
March 15; 1995.
Alternatives Analysis
The project is essentially a "widen existing proposal. Since the project is to
provide full control of access east of the Chowan River; in addition to studying several
main-line alignment alternatives; it was also necessary to consider alternatives for
providing access to three properties which lie immediately east of the Chowan River.
One property is situated north of US 17 and the other two are located south of US 17.
In addition to a `no-build" alternative; a delay of recommended alternative was also
examined.
• No-Build Alternative: Whiie the too-Build concept would result in the least
damage to the environment; it mould also be true that none of the anticipated
benefits would be derived from the project. Economic development, traffic safety;
improved user efficiency and increased capacity are the benefits that will result from
the proposal. For this reason, the no-build alternative was not selected.
• Delay of Recommended Alternative: This alternative was an examination of the
consequences of delaying implementation of the recommended alternative. ! was
concluded that, due to the existing bottleneck to highway and marine traffic.. caused
by the opening and closing of the swing-span at the Cho AVan River, a delay of
implementation would only lead to a worsening of the situation. This section of the
project already experiences Level of Service (LOS) D and by the design year the
value is expected to drop to LOS E.
Build Alternatives: Two basic alignment alternatives (widen to the south and
widen to the north) were studied within each of three alternative segments. The
alternative segments included A (from western project terminus to 700 feet east of
US 17 Business; west of Edenton), B (from Segment A. to 1,200 feet west of SR
1234) and C (from Segment B to 1, 000 feet east of US 17 Business; east of
Edenton). A second variable; median width, was studied with each of the north or
south alternatives. Finally, service read alternatives were examined along
various Section A mai,-' ne 8z lternat lives. Each or these alternatives are G`escrinari itI
VtA V 1 1 A.? I U VV:.A
Table 1 and their anticipated consequences (cost and environmental hmpacts` are
given in Table 2. Due to the presence of significant resources (eligible- Nsto'ic
property. subdivision. 4(f) public boat ramp and Public Game Land); many of the
A --)I'
Page 3
March 15. 1996
Mr. Smith
possible alignment configuraticr.s were rejected as beirg too ccst!y or not practicable
due to the significance of the resource involved. in some cases involving 4(, of
Section 106 uses. Consequently, a subset of the possible alternatives were seen as
reasonable and feasible. These alignment configurations (a combination o"
alternative segments to form a complete project) and their summar impacts are
compared in Table 3.
Table 1. Description of Alternative Alig nment Segments
Alternative North/South Median Width Service Road
Al., South 46-foot New Location South of US 17
A2: North 46-foot New Location South of US 17
A3: South 68-foot New Location South of US 17
A4: South 200-foot New Location South of US 17
A5: South 46-foot Use Existing US 17 as Service Rd.
B1: South 46-foot -
132: South 68-foot -
133: North 46-foot -
134: South 10-foot -
C: South 68-foot -
Note: Remember Segments A. B and C are geographically defined (see page 2l above)
The impacts likely to result from the construction of separate alternative
segments described in Table 1 are presented belovi. A combination of any A, B. or C
segment forms a complete project.
Table 2. Comparison of Anticipated Project Consequences, by Alternative Segments
ANTICIPATED IMPACTS
Al A2 A3 A4 A5 B1 B2 B3 54 C
Costs (total in $millions) ? 54.0 54.6 54.5 54.6 49.5 5.5 6.0 5.7 5.0 16.8
Relocatees
Residences 1 4 1 1 1 0 0 0 0 0
Businesses 0 0 0 0 0 0 0 0 0 0
TOTAL 1 4 1 1 1 0 0 0 0 0
Cultural Resource Sites 12 23 12 12 12 0 0 14 0 0
Wetlands (acres) 21.2 18.8 23.5 24.1 21.4 10.5 12.2 5.0 7.0 20.3
Prime Farmland (acres) 0 0 0 0 0 0 0 0 0 0
Protected Species 0 0 0 0 0 0 0 0 0 0
Note: 1 denotes construction and right of way costs estimated during EA preparation; 2 Edenhouse Site (Eligible for
National Registry): 3 Edenhouse Site cemetery and 4(f) boat ramp; ° Public Game Lands
Table 3 provides a more meaningful comparison of buildable segment
combinations. Twenty tota! segment combinations are possible; however only twelve
buildable combinations avoid significant cultural resource sites and a residential
subdivision.

Page 4
March 15; 1996
Mr. Smith
Table 3. Comparison of Anticipated Project Consequences; by Alignment Corfiguratien
ANTICIPATED IMPACTS
A161 A1132 Al B4 A3B1 A3S2 A3134 A4B1 A4B2 A464 A5B1 A.5,B2 A5B4
Costs (total in $millions)f 76.3 76.8 75.8 76.8 77.3 76.3 66.9 77.4 76.4 71.8 72.3 11.3
Relocatees 1 1 1 1 1 1 1 1 1 1 1 1
Cultural Resource Sites 12 12 i 12 12 12 1 z 12 2 1 z 12 12
Biotic Communities (acres) 270 274 263 272 274 266 274 277 268 270 274 264
Wetlands (acres)' 52.0 53.7 48.5 54.3 56.0 50.8 54.9 56.6 51.4 52.2 53.9 48.7
Note: Segment C has been paired with all alternative combinations.. however space precluded showing it in table: Biotic
Community values are rounded to nearest acre; 1 denotes construction and right of way costs estimated during EA
preparation: 2 Edenhouse Site (Eligible for National Registry); Recommended Alignment shown in bold: 3 Data from
EA and is based upon "Determination Methodology"
Recommended Alternative: Alternative A5131 C was selected as the Recommended
alignment based on a number of considerations. The south side widening successfully
avoided the Edenhouse Site cemetery, residential subdivision and WRC public boat
ramp (Segment A5). It also avoids impacts to the WRC Public Game Lands located
west of Pembroke Creek (131). Furthermore; the recommended will use a 46-foot
median through wetland continuums at Reedy Point Swamp and Pembroke Creek.
This alternative further permits the use of a portion of existing US 17 east of the
Chowan River as a service road for commercial and public facilities located on the east
bank of the river. Costs associated with the recommended alternative are the next to
the lowest for all alternatives shown in Table 3. T he only alternatives which cost less
and which impact less wetlands are those which include segment B4. The 1 0-foot
median width (a barrier-type median section) for the B4 segment placed the travel lanes
too close (four feet) to the barrier for a roadway section. This restriction would not
provide ample recovery space for errant vehicles. Less recovery area is generally more
accepted and expected by drivers on structures or immediate approachways, or in
areas of dense development. However in areas of open roadway; such as found in
Segment B; the juxtaposition of a barrier with traffic flows will lead to increased risks to
the motoring public. It was concluded that the sacrifices in safety inherent in the B4
concept were not acceptable. For these reasons; the recommended alternative was
found to offer the best balance among environmental considerations; cost and safety.
Impacts To Waters of the U.S.
Impacts to wetlands will occur at 12 sites and surface water impacts will occur at
three of these same locations, including an unnamed tributary to the Chowan River
(site 1), the Chowan River (sites 4-6) and Pembroke Creek (site 8). Permanent
impacts to wetlands will result from footprint fills; and as a result of the installation of
bridge supports (piles, footings, etc.). Temporary impacts to wetlands will result frcrn
construction of a temporary haul road on the south side of the land trestle between
stations 4+373 and 4+725. This work road twill be built after clearing (but not
grubbing) woody vegetation in an approximately 30-foot wide area. A geoiechnical
fabric will be placed on the surface and a temporary causewav fill section will be placed
on the fabric. Following construction of the land trestle, all temporary fills and the

Page
March 15; 1996
Mr. Smith
geotechnical fabric will be removed. Tempora^? impacts to surface \n!aters (Cho\van
River) will result from the use of sunken work barges in the shallows during construction
of the Chowan River bridge and during demolition of the existing bridge structure.
Permanent impacts to surface waters will result from the installation of vertica! `ridge
support members, including piers, bents and footings. A submerged aquatic wetland,
composed of rooted vascular vegetation (SAVs), occurs in the project work area within
75 feet of the eastern bank of the Chowan River. A portion of this area v-vill be impacted
by work barges and the installation of vertical bridge supports.
Potential impacts due to a shading effect at sites 6 and 7 from the Chowan
River bridge and land trestle have not been quantified. The Department feels that the
bridging of terrestrial wetlands represents the highest commitment to avoidance and/or
minimization short of "no-build". While it is true that the biotic community composition
beneath the trestle structure (site 7) will change, the area will remain a wetland since
the hydrological continuity will not be interrupted. This shift in functionality of the
wetland will undoubtedly be attractive to a large number of species more adaptabie to
forested wetland fringes. With respect to the SAV community (site 6), the Department
is committed to a plan designed to quantity losses that occur in this community as a
direct result of construction and shading affects. See discussion beiow in the Mitigation
section. No excavation at wetland sites will occur in this project. Table 4 provides a
summary of anticipated impacts to wetlands, as well as community and relative wetland
quality information.
Table 4. Waters of the U.S. Impacted by R-2512: Size; Community Type and Quality
SITE IMPACTS COMMUNITY QUALITY INDEX
Temporary Permanent
Wetland Surface H,O Wetland Surface HBO
1 - - 0.74 - PF01 (R) FS 5-kIVQ 4-WH 4 = 13
2 - - 1.68 - PF01 (R) FS 4-WC 4-WH 4 = 12
3 - - 0.96 - PF01 (R) FS ^A_kAfQ 4 VH 3 = 11
4 - 0.913 - 0.034 E1 JBL -
5 - - - 0.154 E11-18L -
6 0.101 1.013 <0.03 0.034 RAB3 (SAV) (High Quality)
7A 1.482 - 1.75 - PF06/04 (R) FS SAVO 5-WH 6 = 17
I R4512A: _ R-2512131E
7B - - 4.88 - PF06/04 (R) FS 6-WQ 5-WH 6 = 17
8 - - 4.45 <0.015 PF06/04 (R) FS 6-WQ 6-WH 6 = 18
9 - - 0.27 - PF01 (R) FS 4-WO 4-WH 4 = 12
10 - - 0.05 - PFO1 (R) FS 4-V1IC 4-WH 4 = 12
11 - - 0.11 - PF01 (R) FS 4-W.^x 4-WH 4 = 12
12 - - 1.28 - PF01 (NR) FS 2-WQ 2-V`J i 2 = 6
Totals 1.58 1.92 16.20 <0.22
Note: Data based upon Delineations; Values given are in acre(s): PF01, PF04. PF06. E1 UBL and R 1AB3
denote Palustrine Forested Broad-leaved Deciduous, Palustrine Forested Needle-leafed Evergreen.
Palustrine Forested Deciduous. Estuarine Subtidal Unconsolidated Bottom and Riverine Tidal A :uatic Red
Rooted Vascular; R and NR denote Riverine and Non-Riverine. respectively; Quaiity index ex; lained belo?,-:)

Page 6
March 15; 1996
Mr. Smith
Quality Index: Each wetland was evaluated and was given a composite score !used
upon its opportunity to perform each of the functional attributes and its presumed
effectiveness (based upon field and map assessments) in fulfilling each attribute.
Functional attributes selected are those which are widely viev?led as the most important
among resource agencies (flood storage, water quality and wildlife habitat).
1. Flood Storage: Is wetland part of a larger system whichh is positioned in the
landscape to receive surface flows from the adjoining landscape or from overbank
flooding of adjacent streams and is wetlard characterized by topographic
depression ? (score, FS 3-5, dependent upon size, positioning and topography of
site) Or is wetland located in an interstream flat, dependent upon ground water (and
rainfall) sources of hydrology ? (score, FS 1-3; dependent upon distance to closest
stream system, or inputs from adjacent agricultural lands).
2. Water Quality Mitigation: Is wetland positioned in the landscape to intercept
surface runoff from agricultural lands, highways or other development, and does it
display suitable topography and vegetation to hold and trap particles and retain
toxins ? (score, WO 3-5, depending on positioning, shape and vegetation) Or; is
wetland a flat expanse without opportunity to receive and without topographic relief
to hold particles and toxins ? (score, WQ 1-3, depending upon the proximity to
drainage ditches from farms, etc.).
3. Wildlife Corridor/Habitat: Is wetland part of a larger, unbroken, riparian corridor
which provides opportunity for the movement of wildlife species ? (score, WH 3-5;
depending on how much fragmentation exists and the composition of the canopy
and understory) Or, is wetland part of a non-riparian system ? (score WH 1-3.
depending on whether community is fragmented and to what extent)
Mitigation
Based upon the Memorandum of Agreement between the Department of the
Army and the U.S. Environmental Protection Agency, which was executed on February
6, 1990, a process of, verification and accountability for impacts to wetlands has been
put in place. Essentially, the process demands that a proposal must be able to
demonstrate that all reasonable steps have been taken to avoid impacts to wetlands
(and waters) to the maximum extent practicable. and. where prospective impacts have
been demonstrated to be unavoidable, evidence that all reasonable steps have been
taken to minimize impacts to these wetlands (and waters) must be demonstrated, and,
where applicable; compensation for the unavoidable loss of wetlands is required.
Avoidance: Given that the project is a "widen existing" and that drainages (and
associated wetland systems) occur almost equally on Loth sides of the existing
roadway; there is no opportunity to cc struct the additional two lanes without
crossing waters of the U.S. However; the Department is recommending two
bridging concepts which avoid the placement of roadway fills in a portion of t,,^/c
wetland systems. One of these is an unnamed tributary located west of the
A- _.l
Page 7
March 15, 1996
Mr. Smith
Chowan River (site 1). The existing hydraulic structure is a box culvert. The second
site (site 7A) is a 1,200-foot land trestle to be built over a portion of the Reedy Point
Swamp wetlands which lie adjacent to US 17 on the east side of the Chowan River.
• Minimization: Selection of the recommended alignment minimizes wetland
impacts when compared to all other reasonable alternatives (except one, Al B1 C,
which is estimated to impact only 0.2 acre less than the recommended). It can be
seen in Table 3 that the only other alternatives which would result in less impacts to
wetlands are those which utilize segment B4. As explained on page 4, this
alternative was rejected as unreasonable due to safety considerations.
Measures that have been taken to minimize impacts to unavoidable wetlands
include: use of 2:1 fill slopes in all wetland areas: reduction of medians in all
wetland areas to a 46-foot median section; bridging of wetlands at two sites; and
rejection of a construction channel for work in the Chowan River. The Department
has made special efforts to consider state and federal agency concerns. A pre-
permit application field review was conducted on January 11, 1996 for the purposes
of addressing avoidance and minimization issues. During this field review
numerous questions were asked of the NCDOT by agency staff concerning potential
minimization efforts. These questions and issues were subsequently addressed by
the Department in a letter dated March 12, 1996 and is included as an attachment.
Compensation: In spite of all efforts to avoid and minimize impacts to wetlands
and waters. a total of 16.20 acres of wetlands and <0.22 acre of surface waters will
be permanently impacted by the proposed widening of US 17, including the
construction of a new bridge over the Chowan River. Wetland impacts include
14.92 acres of riverine and 1.28 acres of non-riverine wetlands. It is noteworthy that
the wetlands associated with the Reedy Point Swamp and Pembroke Creek
wetlands are widely acknowledged to be very high quality systems, reflected in the
relative quality index scores assigned to these systems (17 and 18, respectively,
out of a highest possible score of 18). Impacts to these riverine systems account
for 11.08 acres of the total 16.20 acres.
The Department acknowledges its responsibility to provide suitable
compensatory mitigation for these unavoidable impacts and therefore makes the
following mitigation proposal. Impacted wetlands are to be debited from the Dismal
Swamp Mitigation Site (DSMS), or the Company Swamp Mitigation Bank (CSMB)
based upon the following formula:
-Riverine Wetlands: Riverine wetlands not associated with Reedy Point
Swamp or Pembroke Creek will be debited from the DSMS riverine credit inventory.
Since there are 3.84 acres of riverine impacts in this category; the Department
agrees to debit from the DSMS to compensate for the loss of these wetlands. The
DSMS has a balance of 27.62 acres of credits available in a combination of riverine
w _1
Page 8
March 15, 1996
Mr. Smith
restoration and enhancement. Based upon our recent request to allow for DSMS
credits to be applied against wetland losses associated Evith R-2208A a` a ratio of
2.1:1 (approved by permit # 199401492 on July 12, 1995), it is reasonable to
assume that this ratio will apply to the R-2512 project. Therefore; the Department
agrees to debit 8.06 acres from the riverine budget at the DSMS, leaving a revised
balance of 19.56 acres at the mitigation site.
The Department recognizes that replacement credits for the losses of the Reedy
Point Swamp and Pembroke Creek wetlands are not available at the DSMS. Ir
view of the high quality of these wetlands, it is proposed t gat compensatory
mitigation for these wetland impacts be debited from the CSMB. The wetlands at
the CSMB are comparable to those at Reedy Point Swamp and Pembroke Creek
and therefore the replacement would be more equitabie. Previous work by McCrain,
using HEP analysis to determine equitable replacement values for numerous
bottomland sites; suggests that a ratio of 3.4:1 is justified for replacement of
wetland assets at the CSMB (Journal of Environmental (Management, 1991,
35:153). Since the Department has previously proposed debiting from the CSMB
for wetland impacts associated with R-211 12B in Martin County at a ratio of 15- .--1 and
since the Reedy Point Swamp and Pembroke Creek wetlands are of a much higher
quality than any of the riverine sites impacted by the Martin County project, the
Department offers to debit from CSMB at a ration of 7.5:1. This ratio will result in a
debit of 83.10 acres from CSMB (based upon total Impacts of 11.08 acres from
sites 7A, 7B and 8).
-Non-riverine Wetlands: Impacts to non-riverine wetlands at site 12 amount to
1.28 acres. The Department agrees to debit from the DSMS at the 2.1:1 ratio
described above (Riverine Wetlands, page 8), for a total of 2.69 acres. The
available credits in the non-riverine category at DSMS total 230.95 acres. The
revised balance following this action will be 228.26 acres.
-Submerged Aquatic Wetiand: The Department is comet Lted to providing
reliable data on this population that will be useful in determinations of losses due to
construction and/or shading from the new bridge span. The Department agrees:
1. to conduct a definitive underwater survey to map the population. including
measuring population density and species composition; prior to Construction
(Summer 1996) to establish a pre-construction community profile.
2. to CCndUCL post-COf1StfUCtion monitOfI g L aSCe(ia ri losses, If any, LI!at may
result from construction activities; including impacts from vertical bridge
supports and from sunken work barges.
3. to negotiate a reasonable monitoring program that is intended to elucidate a.
aI,. ;
COrr? i ! population lis ? :{ am, r ; ar i "he
..at on i between aCt?la; ?eUi wS . y' ?. ur) L. L,
juxtaposition with the new bridge., based upon an hypothesized shade-effect.
Page 9
March 15, 1996
Mr. Smith
The Department further agrees to provide compensation for losses confirmed
from the investigative approach outlined above, the amount and nature of the
compensation to be determined through multi-agency discussions with the
Department, under the regulatory authority of the Corps of Engineers andlor the
Division of Coastal Management.
Based upon existing construction and implementation schedules, the DS-MS wil
be fully planted and monitoring wells installed NLT December 1996. only three months
following the contractor availability date for the R-2512 project. The required 3-year
monitoring interval will commence in January, 1991 and, assuming the success criteria
are met, monitoring responsibilities will cease January 2000. The construction interval
for R-2512 is scheduled to last unti! Fa!! 1999. Based upon these considerations, the
Department feels that its efforts to establish a successful mitigation site i:DSMS) for the
purposes of compensating for wetland losses from highway projects in northeastern
North Carolina should be acknowledged and validated. -urther more; 'he Department
fully intends to comply with ail success criteria required by the regujatorv process, so
that all of the credits available can be used for compensatory mitigation on future
projects. The expense and efforts applied to the development of successful mitigatio; ii
sites and the recent acceleration in site acquisition, plan development and
implementation should be evidence of the Department's good fait!, highway projects.
The expense and efforts applied to the development of successful mitigation sites and
the recent acceleration in site acquisition; plan development and implementation
should be evidence of the Departments good faith commitment to compensatory
mitigation.
The department requests that this (these) project(s) be authorized by a Section
404 permit. A Department of the Army permit application (Erg Form 4345 dates; Fer
n?,?ai p,r ; your
94) and a set of drawings depicting vve tland u hou -ies are r. ;01ed f: , ,
information. Since this project is sc iec;uie6 for an Augusi 1996 ccrisiruo' or'i iettir ig
and since bid solicitations for the Chowan River bridge portion of the project (R-2512A)
"., be advertised for 8-weeks, de-C`ment respectfully
t p,a?lI rvLi l
^ nests ria: he ni '
notice process be initiated at the soonest possibie opportunity.
if you have questions or comments, please cal', 11r1r. M. Randaii Turne a` "D 9)
331-4137.
Sincerely;
P.. Fr Fick. P.E . Mananrpr
Planning & Envimnmenta. Brai ich
UFV/mrt
Page 10
March 15; 1996
Mr. Smith
Enclosures
cc: Mr. Mike Bell; COE, NCDOT Coordinator
Mr. Terry Moore, DCM, Washington
Mr. John Dorney; DEM, Water Quality Section
Mr. David Cox, NCWRC, NCDOT Coordinator
Ms. Katherine Doak. USFWS, 404 Coordinator
Mr. Ron Sechler, NMFS, Beaufort
Ms. Sara Winslow, DMF, Elizabeth City
Mr. Kelly Barger, P.E., NCDOT, Program Development
Mr. Tom Shearin, P.E., NCDOT, Roadway Design
Mr. A. L. Hankins, P.E., NCDOT, Hydraulics Unit
Mr. John Smith, P.E.; NCDOT, Structure Design
Mr. Don Morton, P.E., NCDOT, Design Branch
Mr. D. R. Conner, P.E., NCDOT, Division 1 Engineer
Mr. J. A. McInnis, Jr., P.E., NCDOT, Planning & Environmental Branch
Mr. M. Randall Turner, NCDOT, Division 1 Environmental Officer
APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT OMB APPROVAL NO. 0710-003
(33 CFR 325) Expires October 1996
Public reporting burden for this collection of information is estimated to average 5 hours per response, including the time For reviewing instructions.
searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments
regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden. to Department of
Defense, Washington Headquarters Service Directorate of Information Operations and Reports, 1215 Jefferson Davis Highway. Suite 1204, Arlington, VA
22202-4302; and to the Office of Management and Budget, Paperwork Reduction Project (0710.0003), Washington, DC 20503. Please DO NOT RETURN your
form to either of those addresses. Completed applications must be submitted to the District Engineer having jurisdiction over the Location of the proposed
activity.
PRIVACY ACT STATEMENT
Authority: 33 USC 401, Section 10; 1413, Section 404. Principal Purpose: These laws require permits authorizing activities in.. or affecting, navigable
waters of the United States, the discharge of dredged or fill material into waters of the United States. and the transpcrtation of drec'ced matesia! for the
purpose of dumping It into ocean waters. Routine Uses: Information provided on this form will be used in evaluating the application for a permit.
Disclosure: Disclosure of requested information is voluntary. If information is not provided, however, the permit application cannot be processed nor can
a permit be issued.
One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this
application (see sample drawings and instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity.
An application that is not completed in full will be returned.
ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS)
1. APPLICATION NO. 2. FIELD OFFICE CODE 3. DATE RECEIVED 4. DATE APPLICATION COMPLETED
(ITEMS BELOW TO BE FIL LED BY APPLICANT)
5. APPLICANT'S NAME 8. AUTHORIZED AGENT'S NAME AND TITLE (an agent is notrequired)
H. Franklin Vick, P.E. M. Randall Turner, Division Environmental Officer
6. APPLICANT'S ADDRESS 9. AGENT'S ADDRESS
North Carolina Department of Transportation North Carolina Department of Transportation
Planning & Environmental Branch PO Box 1405
PO Box 25201 Elizabeth City, NC 27906-1405
Raleigh, NC 27611-5201
7. APPLICANT'S PHONE NOS, WIAREA CODE 10. AGENT'S PHONE NOS. WIAREA CODE
a. Residence a. Residence [phone]
b. Business [phone] b. Business [phone]
19. STATEMENT OF AUTHORIZATION
I hereb th e, C Randall ct in my behalf as my agent in the processing of this application and to furnish, upon request,
suppl me i ation in of this p appli on. l
J 9?
PLICANT'S SIGNATURE DATE
NAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY
12. PROJECT NAME OR TITLE (see instructions)
R-2512: Proposed Widening of US 17 from West of Chovvan River to )Nest of US 17 Business. East of Edenton
13. NAME OF WATERBODY, IF KNOWN (if applicable) 14, PROJECT STREET ADDRESS (if applicable)
Chowan River, Pembroke Creek, Unnamed Tributary to Chowan River
NIA
15. LOCATION OF PROJECT
Bertie & Ch_owan North Carolina
COUNTY' ^^ STATE
16. OTHER LOCATION DESCRIPTIONS, IF KNOWN (see instructions)
(See item 12)
17. DIRECTIONS TO THE SITE
Proceed East of'Wndsor or. US 17 +1- 11.5 miles: Project Alignment Starts +J- 0.5 mile truest of Chowan River: Proceed Eastward Through
Project Area to Eastern Terminus Located at US 17 Business Intersection Located East of
ENG FORM 4345, Feb 94 EDITION OF SEP 91 IS OBSOLETE (Proponent: CECW-OR)
18. Nature of Activity (Description of project, including all features)
Proposed work involves construction of two additional lanes of traffic south of the existing alignment. The existing Chowan River bridge will also
be replaced with a single, 4-lane, fixed-span, high rise structure. The existing structure will be removed. The Chowan River bridge wilt continue eastward
across +/- 1.200 feet of Reedy Point Swamp wetlands. A new bridge will be constructed at the Pembroke Creek crossing and a bridge will replace an
existing box culvert at the site of an unnamed tributary to the Chowan River.
19. Project Purpose (Describe the reason or purpose of the project, see Instructions)
Proposed work is a Transportation Improvement undertaken to provide a multi-lane 5nk bet,veen Raleigh and Elizabeth City as part of a
USDOT-funded effort to secure a multilane. high speed corridor between Raleigh and Norfolk. The purpose of the facility is to stimu.ae economic
develoment in northeastern North Carolina.
USE BLOCKS 20-22 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED
20. Reason(s) for Discharge
Fill will be discharged into wetlands at 12 sites to accommodate roadway footprint.
21. Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards
All Fills in wetlands will be from earth fill, derived from suitable upland borrow sites. See attachment for quantities
22. Surface Area in Acres of Wetlands or Other Waters Filled (see instructions)
16.20 acres of wetlands and <0.22 acre of surface waters will be permanently impacted by project construction.. Additionally 1.58 acres of
wetlands and 1.92 acres of surface waters will experience temporary impacts from project construction.
23. Is Any Portion of the Work Already Complete ? Yes No X IF YES, DESCRIBE THE COMPLETED WORK
24. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (If more than can be entered here, please
attach a supplemental list).
See Attached List
25. List Other Certifications or Approvals/Denials Received from other Federal/State or Local Agencies for Work Described in This Application.
AGENCY TYPE APPROVAL* IDENTIFICATION NUMBER DATE APPLIED DATE APPROVED DATE DENIED
None
*Would Include but is not restricted to zoning, building and flood plain permits
26. Application is hereby made for a per it or permits to authorize the work described in this application. I certify that the information in this
application is co lete and /ficn urt certify that I possess the authority to undertake the work described herein or am acting as the
duly i ent of t e IGNA
TURE OF APPLICANT D E SIGNATURE OF ANENT DATE
The application must be signed by the person, who desires to undertake the proposed activity (applicant) or It may be signed by a duly
authorized agent if the statement in block 11 has been filled out and signed.
18 U.S.C. Section 1001 provides that: Whoever, in any manner, within the iurisdiction of any department or agency of the United States
knowingly and willfully falsifies; conceals, or covers up any trick, scheme, or disguises a material fact or makes any faR e, fictitious or
fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false I ictitious or
fraudulent statements, or entry, shall be fined not more than c10,000 or imprisoned not more than five years or both.
U. S. G P O :1994-C20-478,E201 8

N
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT JR. DIVISION OF HIGHWAYS GARLAND B. GARRETT JR.
GOVERNOR P.O. BOX 25201. RALEIGH, N.C. 27611-5201 SECRETARY
March 12, 1996
Mr. Mike Bell, Regulatory Officer
U.S. Army Corps of Engineers
Washington Regulatory Field Office
P.O. Box 1000
Washington, N.C. 27889-1000
Dear Mr. Bell:
Re: Final Avoidance/Minimization Coordination for: Proposed Improvements to US-
17 from West of the Chowan River to US-17 Business. East of Edenton: Bertie and
Chowan Counties; TIP No. R-2512; State Project No. 8.T010602; Federal Aid No.
DPI-0'199(005)
The following information is provided in an effort to answer questions and
respond to concerns raised by state and federal agencies during the final, pre-permit
application field review of the proposed improvements to US-17 from west of the
Chowan River to east of Edenton. For construction management purposes, the project
has been subdivided into R-2512A (from approximately 800 meters west of the Chowan.
River to approximately 650 meters east of the Chowan River) and R-2512B (from +/-
650 meters east of the Chowan River to US-17 business, east of Edenton). Both
projects are scheduled to be let to construction simultaneously (August 1996). A single
Section 404 permit application is being submitted for the overall project, inclusive of R-
2512A and R-2512B.
An interagency field review of the subject project was conducted on January 11,
1996. Attendees were given an opportunity to inspect the proposed alignment and
sites of anticipated impacts to wetlands and surface waters. During this inspection a
number of relevant questions were raised by one or more agency staff, including Mr..
David Cox (Wildlife Resources Commission), Mr. Eric Galamb (Division of
Environmental Management), Mr. Mike Bell (Corps of Engineers), Ms. Sara Winslow
(Division of Marine Fisheries) and Mr. David Moye (Division of Coastal Management). A
letter, which summarized and listed the concerns and questions raised by the state and
federal agencies, was mailed to all attendees on January 18, 1996.
The purpose of this letter is to provide responses to each of the issues and
questions raised by state and federal agencies during the field review. Each issue, or
question, and the Department's response is presented below.
6)
;J
Page 2
March 12, 1996
Mr. Bell
Issue (1): The NCDOT is encouraged to submit separate CAMA Major
Development permits for the separate crossings of the Chowan River and
Pembroke Creek. Furthermore, the Division of Coastal Management (DCM) is
likely to define the CAMA permit area as being "from high ground to high ground,
which means that impacts to the adjacent Reedy Point Swamp wetlands (Chowan
River crossing) and the Pembroke Creek bottomlands (Pembroke Creek crossing)
must be included in the respective CAMA permit areas.
Response: The North Carolina Department of Transportation is submitting separate
CAMA applications for the Chowan River and Pembroke Creek crossings. Each
application will address a permit area that includes wetlands which are adjacent to the
public trust water for which a CAMA permit is required. The application for the Chowan
River crossing will be submitted to the Washington Field Office and the Pembroke
Creek crossing to the Elizabeth City Field Office of the DCM. A separate Individual
(Section 404) Permit application will be submitted to the US Army Corps of Engineers
(COE) for the entire project (R-2512A and R-25128, combined).
+ Question (2): Since erosionlsedi nentation control standards for High Quality
Waters (HQWs) are being required for the pro1zct. will two tiers of sediment
curtains be used during pile installations (for the proposed Chowan River bridge) ?
Response: Erosion and sedimentation control standards for HQWs do not require two
tiers of sediment curtains. The Department does not see any benefit to be derived from
the addition of a second curtain tier. Turbidity curtains typically do not extend to the -
river bottom. When used, the curtains are removed when the water inside the curtain
has cleared of silts. Based upon studies conducted by the Department's Roadside
Environmental Unit, very little turbidity results from pile-jetting. Therefore; the
Department does not propose to use curtains at the sites of jetting operations, but
curtains will be used at sites where sediment disturbances will occur.
Question (3): Can the Department assure agencies that woody vegetation
outside the slope-stake lines at interchange quadrants will not be destroyed by
construction activities ? Also, can the Department avoid impacts to these woody
zones from long-term vegetation management practices ?
Response: Woody vegetation beyond the construction limits, sight distance triangles,
and vehicle recovery areas at interchange sites will be left undisturbed. The clearing
limits for the project includes an area approximately 10 feet beyond the slope-stake line.
Over time, periodic maintenance (trimming branches, etc.) will be required to maintain
sight distances to insure traffic safety.
• Question (4)Why cant the proposed construction access road for the planned
"land trestle" be located immediately north of the proposed eastbound lanes, in
lieu of the south side ? The north side of the proposed alignment will become part
of the median area, isolated between eastbound and westbound lanes,
Page 3
March 12, 1996
Mr. Bell
Response: This question has resulted in much study and consideration by the
Department's Construction Unit. Placing the haul road between the. proposed land
trestle and existing US 17 is considered to be too risky to the safety of the motoring
public and to those involved in construction activities. To relocate the haul road to the
north side of the land trestle would require extensive use of concrete barriers and sheet
piling in an attempt to shield the work area from vehicular impacts. Although this
methodology is conceptually valid and, in fact, can be observed in practice throughout
the state on highway projects, in this instance, even if such barriers were installed, not
enough work space would remain to safely operate cranes and other heavy equipment.
The Department is adamant about the establishment and maintenance of a safe
work zone for the public, the contractor and, of course, the Department's
employees. Consequently, it will not be possible to relocate the haul road to the
north side of the proposed alignment. The proposed haul road is a temporary
facility which will result in only minimal impacts to wetlands. None of the woody
vegetation will be grubbed and a geotechnical fabric will be laid down before any fill is
placed in the haul road footprint. To a large extent; the temporary causeway will
mitigate against subsurface compaction by insulating subsoils from forces imposed by
equipment. Following construction, the fills and underlying fabric will be removed.
• Question (5): Although the NCDOT has been forced to construct the land trestle
across approximately 400 meters of floodplain wetlands on the east side of the
Chowan River (apparently due to undesirable geotechnical conditions), why can't
the NCDO T bridge the remaining portion of these high quality bottomland wetlands
(to approximately station 5+340) ?
Response: Geotechnical concerns were not the only factor which led to the decision to
bridge approximately 1,200 feet of wetlands in this area. In fact, construction of the
land trestle will cost the Department approximately $1,000,000 more than constructing
a roadway on fill. The trestle design was recommended only after considering both
geotechnical and wetland impacts. This additional bridging was viewed by the
Department as a practicable alternative to filling approximately 1,200 linear feet of
wetlands. Furthermore, it was determined to be feasible and did not compromise any
of the design teams' geometric constraints which dictate such things as maintaining the
trestle above the 10-year flood plain (Q10) and maintaining a slope line that would
insure positive drainage from the Chowan River bridge/land trestle complex.
Unfortunately, the same cost factor can not be applied to an alternative which
extends the trestle further east. An engineering study was undertaken in an effort to
examine the feasibility of extending the trestle eastward to approximately station 4+900
(approximately 600 feet further east). The conclusion of this study is that moving the
end-bent 600 feet east would necessitate additional expenditures of 51.7 million for the
trestle extension (above the cost of a fill section), approximately $1.3 million for the
elevation of the bridge east of station 4+470 (the closest vertical curve), and $2 million
Page 4
March 12, 1996
Mr. Bell
to modify the interchange located at SR 1204. The total costs associated with this
alternative design, $5 million, do not reflect the costs of additional design effort. Only
approximately 0.6 acre of wetland would be spared from fills (approximately 1.5 acre
savings from the additional 600 linear feet of bridging minus 0.9 acre of additional
impacts associated with the expanded footprint of the fill section east of 4+900).
Furthermore; since the relocated end-bent would have to be established at a higher
elevation than the proposed roadway elevation in order to hold the structure above the
Q10 elevation and provide room for maintenance underneath the structure, the bridge
east of station 4+470 and the roadway section east of station 4+900 would have to be
raised. Elevating the bridge structure would require larger footings, longer piles and
longer columns at an estimated cost of $1.3 million. Elevating the roadway would result
in two major consequences: (1) the interchange at SR 1204 would also have to be
elevated, resulting in an additional expenditure estimated to be $2 million, and (2) the
footprint of the elevated roadway section would impact approximately 0.9 additional acre
of .,. etland east of station 4+900.
This 0.6 acre net savings to v.ietlands •.Vould, come at a cost of c8.33 million per
acre. The additional investment of pax doliars ($5 r nili;on) represent's approximately 1.3
% of the total estimated construction and right of way costs of R-251 2-A (368.7 million).
The cost of mitigation; estimated to be approximately 5750,000 has been included in
the overall project cost.
To consider bridging to the end of the Reedy Point Swamp wetlands would
result in substantial expenditures. well above the estimated S5 million that tvvouid be
required to extend the land trestle only 600 feet; and the resultant savings in wetland
from fills would be minimal (< 3.5 acre).
The Department strongly helieves that it has `ulfi'led its oblig?:tions un4er
Section 404 and its efforts to avoid and minimize impacts to wetlands to the maximum
extent practicable are clearly demonstrable. The Department voluntarily proposes to
bridge 1,200 linear feet of wetlands on the east Side of the Chowan River. An
additional expenditure of S5 million to extend the land trestle approximately 600
additional feet, resulting in a wetland savings of < 1.0 acre, is not practicable.
• Question (6): Why can't the NCDOT widen to the north side to avoid impacts to
higher quality wetlands, particularly at Pembroke Creek ?
Response: On the west side of the Chowan River, a subdivision and a cemetery are
located north of existing US 17. The cemetery is the subject of archaeological/historical
investigation, but is thought to be part of the Edenhouse estate; which is eligible for the
National Register of Historic Places. The location of the "eligible" property and the
subdivision, and the relatively small differences in north side vs. south side wetland
scenarios led to the selection of a south side alternative. East of the Chowan River, the
North Carolina Wildlife Resources Commission (WRC) maintains a public boat ramp on
the north side of US 17. Any "use" of this 4(f)l property would have been denied by the
Page 5
March 12, 1996
Mr. Bell
Federal Highway Administration unless there was no reasonable/prudent alternative.
Given the fact that the Department owns more right of way on the south side than on
the north side; and since wetland scenarios appeared to be approximately similar (pre-
delireation estimates suggested the recommended alternative was within 2-3 acres
(out of a total of +/- 20] of the alternative which would impact the least wetlands), it was
obvious to the Department that a reasonable and prudent alternative existed---a south
side alternative. East of the WRC boat ramp, a shift to the north side could not be
accomplished before the end of the wetland area, because of the geometric limits
imposed by acceptable highway design criteria. Furthermore, the proposed service road
viould have to be shifted northward. This would result in greater impacts to wetlands by
the service road. Finally, at Pembroke Creek, the last major wetland concentration, the
WRC maintains a public Game Land west of the creek on the north side of US 17. The
only recourse on the north side to impacting the Game Land was to build the additional
two lanes and median section within the existing right of way north of US 17. It was
determined that insufficient right of way existed on the north side to accommodate the
fill section which would be required. In addition, the shift to the north would occur in a
1.5 mile section of roadway which ?.vould require demolition and replacement of the
existing roadway at an additional cost of S1.5 million. This cost could be higher,
depending on the nature of the undercut encountered.
• Issue (7): An in-stream construction moratorium will be required for work in
Pembroke Creek. The moratorium will be in effect February 15-May 30.
Response: The Department acknowledges that no in-stream construction will be
permitted in Pembroke Creek beta=een February 15 and May 30 of any year.
• Question (S): Why can't the proposed end-bent on the west side of the Chowan
River be extended further west (to approximately stat;:;n 9 540) tc a,r'ord impacts
to wetlands in this area ?
Response: Simply put, extending the bridge westward to station 1-x540, a distance of
+/- 885 feet, wouid be very costly. Bridge surface elevations between the end-bent; at
its proposed location, and the bridge crest at the river channel have been critically
established to promote the removal of stormwater from the bridge surface. The last
vertical curve (station 2+200), located east of the end-bent (station 1-x810) at its
proposed location, provides for a minimum +0.3 % slope on the bridge surface. This
tangent continues to roadway station 1+650, where the slope of the roadway tangent
changes to +0.95 %. Extending the bridge west to station 1+540 and maintaining
critical elevations to insure positive drainage would require that the bridge surface be
elevated to a point east of station 2+200. This would require larger foundations, piers,
and columns that support the affected bridge spans. The cost of extending the bridge
approximately 885 feet is estimated to be approximately 82.2 million more than a fill
section, not including the additional cost of up-sizing the structural supports on the
bridge (likely to exceed S1 million), or of additional design efforts. The savings of
Page 6
March '12,1996
Mr. Beil
approximately 2 acres of wetland would result from the. additional expenditure of > S3
million. The Department strongly believes that the anticipated additional costs for such
work is not practicable. This expenditure conservatively represents between 4 and 5 IN,
of the total project cost (construction, right of way and mitigation costs combined).
• Question (9): If the bridge is extended west as recommended in #8. can't the
proposed lateral service road through wetlands (stations 1+520 to 1+620) be
eliminated. permitting the occupants of Parcel #2 to utilize their existing driveway,
which will pass under the new bridge deck ?
Response: Constructing a service road under an extended Chowan River bridge
would necessitate raising the bridge above what would be required to merely extend the
bridge (see response #8 for discussion of bridge extension and elevation of bridge
surface). Based upon current design standards, a 15-foot vertical clearance ?.vould be
required under the bridge for a service road. This translates into a requirement to
elevate the bridge approximately 5.1 feet above the proposed road surface elevation in
order to accommodate a service road under the bridge. Obviously; this additional
elevation would translate into larger fill requirements --,,\.t of the bridge section an";
would result in larger impacts to adiacent properties, including wetlands lying west of
station 1+520. The costs and impacts associated with this design modification % ou'Id
be impracticable.
• tissue (10): Pre-construction and post-construction surveys of the SA ? zone on
the east side of the U-howan River will be required so that pre-construction
population data can be contrasted with, post-construetion profiles (for mitigation -
purposes).
Response: Underwater surveys, conducted duri, ng the F-:^vlronmantal ,11 ssessment
investigation, revealed the presence of submerged aquatic vegetation (SAVs) in the
shallows along the east shore of the Chowan River. The Department is committed to
prov;ding reliable data on this population that will be useful in deters ni^ations of losses
due to construction activities and shading from the new bridge span. The Department
has agreed:
1. to conduct a definitive underwater survey to map the population; including
measuring population density and species composition, prior to construction
(Summer 1996) to establish a pre-construction community profile.
2. to conduct post-construction monitoring to ascertain losses; if any; that may result
from construction activities, including impacts from vertical bridge supports and
from sunken work barges.
3. to negotiate a reasonable monitoring program that is intended to elucidate a
correlation between actual population declines (if any occur) and the juxtaposition
with the new bridge, based upon an hypothesized shade-effect.
Page 7
March 12, 1996
Mr. Bell
Should the above information require clarification,
or comments arise, please contact Mr. M. Randall Turner,
Officer at [phone].
H FV/m rt
or should additional questions
Division 1 Environmental
ySincere, ,
H. Franklin Vick, P.E., Manager
Planning & Environmental Branch
cc: Mr. B. J. O'Quinn, P.E., Planning & Environmental Branch
Mr. Scott Blevins, Design Seivicas Unit
Mr. John Frye. P.E.; Structure Design Unit
Mr. Abdul Rahmani, Hydraulics Unit
Mr. J. R. Wilder; P.E., Construction Unit
Mr. Bill Johnson, Roadside Environmental Unit
Mr. C. E. Lassiter; Jr., P.E., Division Crie
Mr. J. A. McInnis. Jr., P.E., Planning & Environmental Branch
Mr. M. Randall Turner. Division One
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NORTH CAROLINA DEPARTMENT OF
TRANSPORTATION
DIVISION OF HIGHWAYS
PLANNING AND ENVIRONMENTAL
BRANCH
GEOGRAPHIC LOCATION MAP
US 17
BERTIE-CHOWAN COUNTIES
T. I. P. PROJECT R-2512
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DIVISION OF HIGHWAYS
BERTIE & CHOWAN COUNTIES
8.T010602 R-2512A.
REPLACEMENT OF BRIDGE NO.38 ON U.S.17 OVER
THE CHOWAN RIVER, INCLUDING ROADWAY APPROACHES
FROM 800 METERS WEST OF THE BRIDGE IN BERTIE
COUNTY TO 600 METERS EAST OF THE BRIDGE IN
CHOWAN COUNTY.
SCALE AS SHOWN
SHEET Z OF L? NOVEMBER 1995

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NORTH CAROLINA DEPARTMENT OF.TRANSPORTATION
DIVISION OF HIGHWAYS
BERTIE & CHOWAN COUNTIES
B.T010602 R-2512A.
REPLACEMENT OF BRIDGE NO.38 ON U.S.17 OVER
THE CHOWAN RIVER, INCLUDING ROADWAY APPROACHES
FROM 800 METERS WEST OF THE BRIDGE IN BERTIE
COUNTY TO 600 METERS EAST OF THE BRIDGE IN
CHOWAN COUNTY.
SCALE AS SHOWN
SHEET 5 of 62. NOVEMBER 1995
END
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LOCATION MAP
SHOWING SITES FOR PERMIT
APPLICATION ALONG U.S. 17 BY-PASS
PLC. DEPT. OF TRANSPORTATION
DIVISION OF HIGHWAYS
` CHOWAN COUNTY
0 1000 2000 U.S. 17CBY- ASS OF EDENTON .
1:50,000
SCALE IN METERS SHEET 4f OF 6 2. OCT., 1995
WETLAND SUMMARY SHEET
SITE STATION IMPACTS (acres) TOTAL FILL (cu yds)
Tem porary Per manent
Wetland Surface 2 et an Surface 2
1 1+140 to 1+320 - - 0.74 - 5,706
2 1+623 to 1+695 - - 1.68 - 35,471
3 1+705 to 1+800 - - 0.96 - 25,017
4 (Surface Water - 0.91' - 0.033 No Fills
5 (Surface Water - - - 0.153 No Fills
6 4+202 to 4+226 0.10' 1.01' X0.03 0.033 No Fills
7A 4+391 to 4+900 1.482 - 1.75 - 19,378
7B 4+900 to 5+313 - - 4.88 - 29,639
8 7+350 to 8+370 - - 4.45 <0.013 52,016
9 8+500 to 8+555 - - 0.27 - 2,190
10 0+135 to 0+150 - - 0.05 - 1,721
(Ramp C)
11 14+086 to 14+113 - - 0.11 - 22,289
12 1+433 to 1+490 - - 1.28 - 45,326
0+521 to 0+565
(Ramp D)
Total1 1 1.58 1 1.92 1 16.20 1 <0.22 1238,753
Note;' Resulting from sunken barges; 2 resulting from haul road; 3 resulting from installation of
bridge supports; station numbers are metric
SHEET 5 OF 62
ADJACENT PROPERTY OWNERS
Site 1
1. Cecelia B. Sawyer
404 Kmg Street
Windsor, NC 27983
2. J.C. Bell, Heirs
324 U.S. 13 Bypass
Windsor. NC 27983
Site 2
1. J.C. Bell. Heirs
324 U.S. 13 Bypass
Windsor, NC 27983
Site 3
1. J.C. Bell. Heirs
324 U.S. 13 Bypass
Windsor, NC 27983
Site 4
1. J.C. Bell, Heirs
324 U.S. 13 Bypass
Windsor, NC 27983
2. Thomas M. Smithwick
102-B Cypress Road
Merry Hill, NC 27957
Site 5
Chowan River (open water only
Site 6
1. Waff Brothers. Inc.
PO Box 237
Edenton. NC 27932
2. State of North Carolina
N.C. Wildlife Resources Commission
512 N. Salisbury Street
Raleigh, NC 27604-1148
Site 7
1. Waff Brothers, Inc.
PO Box 237
Edenton, NC 27932
2. State of North Carolina
N.C. Department of Transportation
PO Box 25201
Raleigh, NC 27611
3. J. Ralph McFayden
Upchurch Milling & Stg. Co., Inc.
PO Box 440
Raeford. NC 28376
Site 8
1. George E. and Rita S. Jones
1103 W. Queen Street
Edenton, NC 27932
John Gilliam & John G. Wood, Jr.
PO Box 1197
Edenton, NC 27932
3. Wessie Saunders Bass
1602 W. Queen Street
Edenton. NC 27932
Site 9
1. State of North Carolina
N.C. Department of Transportation
PO Box 25201
Raleigh, NC 27611
Site 10
1. Marie R. & Alma Moye
John & Augustus Roberts (Heirs)
Emma Hall
PO Box 652
Edenton. NC 27932
2. Judy H. Adams
221 Country Club Drive
Greenville. NC 27834
Site 11
1. Parrish Farms, Inc.
410 Old Hertford Road
Edenton, NC 27932
2. Norfolk Southern Railroad
8 N. Jefferson Street
Roanoke. Va 24042
Site 12
1. 1Nlliam & Cherie D. Martin
106 Davenport Lane
Edenton. NC 27932
2. Champion International Corp.
Timberlands Division
PO Box 309
Roanoke Rapids. NC 27870
3. Boyce L & Deborah C. Waterfield
126 Shannonhouse Road
Edenton, NC 27932
4. Edison H. & Louise O. Norman
125 Shannonhouse Road
Edenton. NC 27932
SHEET 6 OF 62

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NORTH CAROLINA DEPARTMENT OF.TRANSPORTATION
DIVISION OF HIGHWAYS
BERTIE & CHOWAN COUNTIES
B.T010602 R-2512A..
REPLACEMENT OF BRIDGE NO.30 ON U.S.17 OVER
THE CHOWAN RIVER, INCLUDING ROADWAY APPROACHES
y FROM 600 METERS WEST OF THE BRIDGE IN BERTIE
w COUNTY TO 600 METERS EAST OF THE BRIDGE IN
CHOWAN COUNTY.
n SCALE AS SHOWN
V / SHEET 8 of bz. NOVEMBER 1995
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NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
DIVISION OF HIGHWAYS
DERTIE & CHOWAN COUNTIES
8.T010602 R-2512A.
REPLACEMENT OF BRIDGE NO.38 ON U.S.17 OVER
THE CHOWAN RIVER, INCLUDING ROADWAY APPROACHES
FROM 800 METERS WEST OF THE BRIDGE IN BERTIE
COUNTY TO 600 METERS EAST OF THE BRIDGE IN
CHOWAN COUNTY.
SCALE AS SHOWN
SHEET 9 OF LS?. NOVEMBER 1995
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NORTH CAROLINA DEPARTMENT Or
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REPLACEMENT OF BRIDGE N
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NORTH CAROLINA DEPARTMENT OR TRANSPORTATION
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REPLACEMENT OF BRIDGE NO.30 ON U.S.17 OVER
THE CHOWAN RIVER, INCLUDING ROADWAY APPROACHES
Q FROM 000 METERS WEST OF THE BRIDGE IN DERTIE
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'? SCALE AS SHOWN
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/ NORTH CAROLINA DEPARTMENT OF.TRANSPORTATION
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BERTIE & CHOWAN COUNTIE

- O B.T010602 R-2512A.

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REPLACEMENT OF BRIDGE N0.30 ON U.S.17 OVER
THE CHOWAN RIVER, INCLUDING ROADWAY APPROACHES
FROM B00 METERS WEST OF THE BRIDGE IN BERTIE
COUNTY TO 600 METERS EAST OF THE BRIDGE IN
CHOWAN COUNTY.
SCALE AS SHOWN
SHEET a OF NOVEMBER 1995

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F- I NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
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DERTIE & CHOWAN COUNTIES
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B.T010602 R-2512A
-1 N N REPLACEMENT OF BRIDGE NO.38 ON U.S.17 OVER
I THE CHOWAN RIVER, INCLUDING ROADWAY APPROACHES
3 U1 FROM 800 METERS WEST OF THE BRIDGE IN BERTIE
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DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: NC DOT
2. LOCATION OF PROJECT SITE: Pembroke Creek and US 17, Town of Edenton/Chowan County
Photo Index - 1989:I9-7;k6 1984:I09-862;o17 1995:151-1576;i6
State Plane Coordinates - X:2,695,200 Y: 851,200
3. INVESTIGATION TYPE: CAMA / D & F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 3/20/96; 3/21/96
Was Applicant Present - YES; NO
5. PROCESSING PROCEDURE: Application Received - 3/11/96
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - The Town of Edenton 1991 Land-Use Plan Update
Land Classification From LUP - Conservation
(B) AEC(s) Involved: PTW's, CW
(C) Water Dependent: Yes
(D) Intended Use: Public
(E) Wastewater Treatment: Existing - N.A.
Planned -N.A.
(F) Type of Structures: Existing - Two lane bridge
Planned - two additional lanes
(G) Estimated Annual Rate of Erosion: N.A.
Source - N.A.
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED SHADING
(A) Veg. Freshwater Wetlands
Coastal Wetlands 132,741 sf.(3.048A)
4,500 sf. (0.104A)
(B) Public Trust Waters 100 sf. 6,667 sf. (0.153A)
(C) Other
(D) Total Area Disturbed: 3.05 A. This figure does not include shading from the proposed bridge.
(E) Primary Nursery Area: No
(F) Water Classification: SC Open: N.A.
8. PROJECT SUMMARY: The applicant proposes to construct a new bridge and roadway parallel to
the existing bridge over Pembroke Creek. The proposed structure will be located adjacent and
downstream from the existing structure.
NC DOT US 17 Pembroke Creek Bridge
Bio Report
Page Two
Site Description
The proposed bridge site is adjacent and downstream from the existing US 17 Bridge
which crosses Pembroke Creek in Edenton. Pembroke Creek is a tributary to
Edenton Bay and the Albemarle Sound. This bridge is approximately two miles east
of the Chowan River.
The waters of Pembroke Creek are classified by the Wildlife Resources Commission
as Inland Waters. The waters of Pembroke Creek are also classified as Public Trust
Waters by the Division of Coastal Management and are part of the Estuarine System
Area of Environmental Concern.
The water depths at this crossing vicinity of Pembroke Creek range from 3 ft. to 15.7
ft. NWL. The existing bridge allows for a vertical clearance somewhere between 4
and 6.6 ft, and a horizontal clearance of approximately 56 ft., at NWL. The existing
bridge has six bent piles, two of which are placed within Public Trust Waters. The
creek is approximately 167 ft. wide at this crossing. This existing bridge structure
limits upstream navigation uses to small recreational vessels.
The shoreline is vegetated in a canopy of Acer rubrum (red maple), Taxodium
distichum (bald cypress) and Ayssa aquatica (water tupelo) as well as Magnolia
virginiana (sweet bay or swamp magnolia), Myrica cerifera (wax myrtle),
Chamaecyparis thyoides (Atlantic white cedar) and Juniperus virginiana (red cedar).
Areas adjacent to the road and bridge right-of-way where a wooded canopy does not
exist are vegetated in Typha latifolia, Juncus roemerianus and various sedges as well
as Phragmitis australis and other grasses. About 6,250 sf. (0.144 A.) of coastal
marsh vegetation is present on the west stream bank.
Proposed Work
The applicant is in the process of widening the existing two lane US 17 roadway in
Perquimans, Chowan and Bertie Counties. This Major Permit Application review
concerns the Pembroke Creek crossing and its associated wetlands. The applicant has
also applied for a separate Permit for the Chowan River and its associated wetlands.
The applicant proposes to construct two new lanes and new bridge crossings adjacent
to the existing road and bridge facilities. This new roadway and bridge structure will
increase the current traffic capacity to four lanes. The new bridge structure at
Pembroke Creek will be 301 ft. in length and require six bent piles. Two support
piles will be placed in Public Trust Waters. The proposed bridge structure will
provide about 6.5 ft. of vertical clearance and about 55 ft. of horizontal clearance.
The proposed structure will require the protection of about 430 ft. of shoreline with
rip-rap stabilization stone. The proposed bridge structure will also require the filling
of 132,741 sf. (3.048 A.) of section '404' wetlands and the shading of about 4,500 sf.
(0.104 A.) of Coastal Wetlands.
NC DOT US 17 Pembroke Creek Bridge
Bio Report
Page Three
Anticipated Impacts
The proposed work will shade a small Coastal Wetland area. The proposed bridge
across Pembroke Creek will require bridge support structures be placed in less than
100 sf.. of Public Trust Waters. The new span will shade 6667 sf. (0.153 A.) of
Public Trust Waters. The new roadway and bridge span will require the filling of
3.048 A. of '404' type wetlands.
The proposed roadway and bridge work on this transportation corridor will result in
increased turbidity in the adjacent drainage area, including Pembroke Creek and the
Chowan River.
The proposed bridge span and roadway are adjacent to an existing span and roadway.
The proposed span will not reduce vertical or horizontal clearances or limit upstream
navigation beyond that caused by the existing facilities.
CAMA Review
A review of the LUP and my comments will be presented under a separate document.
Submitted by Dennis W. Hawthorn
March 25, 1996
Form DCX1-tiEF-1
APPLICATION
RrE,
MAR U 8 1996
(To be completed by all applicants)
1. APPLICANT
a. Landowner:
Name N. C. Department of Transportation
Address P. 0. Box 25201
City Raleigh State N.C
Zip 27611-5201 Day Phone [phone]
Fax [phone]
b. Authorized Agent:
Name H. Franklin Vick. P.R. TKar., P&E Branch
Address P.O. Box 25201
City Raleigh State N.C.
Zip 27611-5201 Day Phone [phone]i
Fat [phone]
e. Project name (if any) R-2512B. Proposed Wideningr
of US 17 from East of Chowan River to Nest of
US 17 Business. East of Edenton
VOTE: Permit will be issued in name of landownerq,.
and/or project name.
2. LOCATION OF PROPOSED
PROJECT
b. City, town, community or landmark
Edenton
c. Street address or secondary road number
US 17
d. Is proposed work within city limits or planning
jurisdiction" X Yes \io
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) Pembroke 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 tilling activities. Construction
of highway facility, inchi:lina widening bridge over
Pembroke Creek and construction of -2 additional
lanes of US-17 on fills east and west of Pembroke Creek
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 Transportation
d. Give a brief description of purpose; use, methods of
construction and daily operations of proposed
project. If more space is nee:ed, please attach
additional pages. Widenina of 2-lane highway to 4-
lane facility; widening of existina Pembroke Creek
bridle to accommodate increased traffic flows,
construction methods are standard roadNvav and
structural methodologies
a. County Chowan Countv
Form DCM-(.NIP-1
RE-!. '
?.
MAR v b 1990,
4. LAND AND NV' ATER
CILARACTERISTIC'S
a. Size of entire tract N/A
b. Size of individual lot(s) N/ A
c. Approximate elevation of tract above I ff-IW or
IN71A.'L Bridge Deck +/- 9.5 ft above IM-RV
d. Soil type(s) and texture(s) of tract
Dorovan muck
e. Vegetation on tract 2 ,fixed hardwood-cypress
bottomland east and west of Pembroke Creek
f. Ian-made features now on tract Bridge No.
g. 'What is the CA%tiLA 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' Rural
1.
Is the proposed project consistent with the
applicable zonin_Q? Y Yes No
(Artrch zoning compliance ceniticate. if applicable)
Has a professional archaeological assessment been
done for the tract? X Yes No
If yes, by whom? Tom Padgett. Ken Robinson
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, COE Tear Sheet to be
sent under separate corer
m. Describe existing wastewater treatment facilities.
n. Describe location and type of discharges to waters
of the state. (For example, surface runoff sanitary
wastewater, industriaLleommereial effluent, "wash
down" and residential discharges. ) Surface runoff
from bridge and approachwavs
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 cope 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 lit" by 11" white paper. (Refer to Coastal
Resources Commission Rule 7101 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 L.S. Army Corps of
Engineers regarding that agency's use of larger
drawings.) A site or location man is a part of plat
requirements and it must be sufficiently detailed to
guide agency personnel unfamiliar with the area to
Form DCN141NIP-1

mAR o 8 1996
the site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
6. CERTIFICATION AND PERMISSION
TO ENTER ON LAND
•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
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 Robert M. Francis
Address 435 Mexico Road
Edenton. NC 27932
Name Wessie Saunders Bass
Address 1602 Queen Street
Edenton. NC 27932
Name
Address
• A list of previous state or federal permits issued
for work on the project tract. Include permit
numbers; pennittee, and issuing dates.
• A check for 5250 made parable to the Department of
Environment, Health, and Natural Resources
(DEID?) 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 Policv Act. See Attached E.A- FONSI
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 mor-itoning of the
proj ect.
I further certify, that the information provided in this
application is truthful to the best of my knowledge.
// T4
This is the LX day of March 1996
Print game H. Fra -l? Fick.
r
Sixiature '
Landowner orAuihor&ed.-bent
Please indicate attachments pertaining to your proposed
project.
`s DCM -'IvIP-2 Excavation and Fill Information
DCM VIF-3 Upland Development
DCM 1vIP-4 Structures Information
Y DCM SIP-3 Bridges and Culverts
_ DCM NIP-6 Marina Development
NOTE. Please sign and date each attachment in the
.-pace Provided at the bottorn ot.each form.
Form DCNI-19P-2
EXCAVATIO-TV,
A NLID FILL
(Except bridges and culverts)
Attach this form to Joint Application for CAIVLA Major
Permit, Form DCT'v1-;VIP-1. Be sure to complete all other
sections of the Joint Application that relate to this
proposed project.
Describe below the purpose of proposed excavation or
fill activities. All values to be given in feet.
Average Final
Existing Project
Length NVIdth Depth Depth
Access
channel
(iiILW) or (NWL)
Canal
Boat
basin
Boat
ramp I I !
MAR 0 8 1995
1. EXCAVATION N/A
a. Amount of material to be excavated from below
NfHM" or tiIVL in cubic yards
b. Type of material to be excavated
c. Does the area to be excavated include coastal
wetlands (marsh), submerged aquatic vegetation
(SAVs) or other wetlands? Yes No
d. Highground excavation in cubic yards
2. DISPOSAL OF EXCAVATED
MATERIAL iV/A
a. Location of disposal area
b. Dimensions of disposal area
c. Do you claim title to disposal area"
Yes No
If no, attach a letter granting permission from the
owner.
d. INVill a disposal area be available for future
maintenance? - Yes _ No
If yes, where?

Form DCXI-MP-2
e. Does the disposal area include any coastal wetlands
(marsh), SAVs or other wetlands?
Yes No
f. Does the disposal include any area in the water?
Yes No
3. SHORELINE STABILIZATION
a. Type of shoreline stabilization
Bulkhead X Riprap
b. Length +/- 215 ft along both banks of creek
c. Average distance waterward of MHW or NkVL
+/- 45 feet
d. Maximum distance waterward of MHW or NWL
+/- 65 feet
e. Shoreline erosion during preceding 12 months
Unknown
(Source of information}
f. Type of bulkhead or riprap material Class ff ripr=ap
g. Amount of fill in cubic yards to be placed below
water level
(1) Riprap 'None
(2) Bulkhead backfiil None
h. Type of fill material NIA
i. Source of fill material N/A
4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)
X Yes No 1990
a. Will fill material be brought to site?

If yes,
(1) Amount of material to be placed in the
water None
(2) Dime of fill area 3,116 ft (length) X
23. 42.6 ft hvide)
(3) Purpose o till Roadwav Fill
b. Will till material be placed in coastal wetlands
(marsh), SAVs or other wetlands?
X Yes No
If yes,
(1) Dimensions of fill area _See a.(2) above
(2) Purpose of fill See a.(3) above
5. GENERAL
a. How will excavated or till material be kept on site
and erosion controlled? NCDOT Best Mana ement
Practices
b. L hat type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
Tracked and rubber-tire equipment including
dozers. graders. etc.; no dredge or dragline
c. Will wetlands be crossed in transporting equipment
to project site? Yes X 1Vro
If yes, explain steps that will be taken to lessen
environmental impacts.
H. Frankl" Vick P.E. OT
P' ant Projec I'
ignature
3
Date

Form DCXI-?VIP-5
BRIDGES AND
CULVERTS
Attach this form to Joint Application for CAMA lvlajor
Permit, Form DCM-IMP-1. Be sure to complete all other
sections of the Joint Application that relate to this
proposed project.
1. BRIDGES
a. Public X Private
b. Type of bridge (construction material)
Reinforced Concrete
4

(4) Will all, or a part of the existing culvert be
removed? (Explain) NIA
g. Length of proposed bridge 301 feet
h. Width of proposed bridge 38.0 feet
i. Height of proposed bridge above wetlands
+/- 8.0 feet above wetlands
j. ?ithe proposed bridge affect existing water flow?
Yes X No
If yes, explain
c. Water body to be crossed by bridge
Pembroke Creek
d. 'Water depth at the proposed crossing at -%,IL??? or k
`? NZT +!- 15.7 feet at Ntb'L
e. Will proposed bridge replace an existing bridge?
Yes X No
If yes,
(1) Length of existing bridge
('_') Width of existing bridge
(3) Navigation clearance underneath existing
bridge
(4) Will all, or a part of, the existing bridge be
removed? (Explain) Existing bridge will
remain in place
f. Will proposed bridge replace an existing culvert(s)?
Yes X No
If ves.
(1) Length of existing culvert
(2) Width of existing culvert
(3) Height of the top of the existing culvert above
the vfl-1 or \11VZ
Navigation clearance underneath pr-60o,sed bridge
=?- » ft at channel (horiz6.6 tt at channel (vert)
`i
Will the proposed bride -affect-navigation by
gpening? X Yes No
If yes, explain -Navigational opening will decrease
since the site of the bride extension was open creek
prior to construction
m. Will the proposed bridge cross wetlands containing
no navigable waters? X Yes \To
If yes, explain Roadway tills for two additional
lanes will be placed in wetlands east and west of
Pembroke Creek
n. Have you contacted the L.S. Coast Guard
concerning their approval?
Yes X IN0
If yes, please provide record of their action.
Form DCM-'_?IP-5
2. CULVERTS NIA
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
i3) Navigation clearance underneath existing
bridge
(4) Will all, or a part of. the existing bridge be
removed? (Explain)
e
Will proposed culvert replace an existing culvert?
Yes No
If yes,
(1) Length of existing culvert
(2) Width of existing culvert
(3) Height of the top.of the existing culvert above
the 1 ff-1W or NWL
(4) Will all, or a part of, the existing culvert be
removed? (Explain)
f. Length of proposed culvert
Cr. Width of proposed culvert
h. Height of the top of the proposed culvert above the
IVERN% or '1\1-N'1
i. Will the proposed culvert affect existing water flow?
Yes No
If yes, explain
Pr-Tr IM
T 1-1
MAR 0 8 1996
j. Will the proposed culvert affect existing navigation
potential? Yes No
If yes, explain
3. EXCAVATION RIND FILL
a. Will the placement of the proposed bridge or culvert
require any excavation below the tiIHW or NWL?
Yes X No
If yes,
(1) Length of area to be excavated
(2) Width of area to be excavated
(3) Depth of area to be excavated
(4) Amount of material to be excavated in cubic .
yards
b. Will the placement of the proposed bridge or culvert
require any excavation within: No
- Coastal Wetlands - SAVs _ Other Wetlands
If yes,
(1) Length of area to be excavated
(2) Width of area to be excavated
(3) Amount of material to be excavated in cubic
yards
c. Will the placement of the proposed bridge or culvert
require any higharound excavation?
Yes X No
If yes,
(1) Length of area to be excavated
(2) Width of area to be excavated
(3) Amount of material to be excavated in cubic
yards
d. If the placement of the bridge or culvert involves any
excavation, please complete the following:
(1) Location of the spoil disposal area
(2) Dimensions of spoil disposal area
(3) Do you claim title to the disposal area?
Yes No
If no. attach a letter granting permission from
the owner.
Form DCNT-NIEP-S

tw, 0 L 19`)6
(4) Will the disposal area be available for future
maintenance? Yes No
(5) Does the disposal area include any coastal
wetlands (marsh), SAVs, or other wetlands?
Yes No
If ves, give dimensions if different from (2)
above.
(6) Does the disposal area include any area below
the MHW or NWT,? Yes No
If yes, give dimension if different from No. 2
above.
e. Will the placement of the proposed bridge or culvert
result in any fill (other than excavated material
described in Item d. above) to be placed below
MHW or NWL? Yes X No
If yes,
(1) Length of area to be filled
(2) Width of area to be filled
(3) Purpose of fill
f Will the placement of the proposed bridge or culvert
result in any fill (other than excavated material
described in Item d. above) to be placed within: Yes
_ Coastal Wetlands _ SAVs Y Other Wetlands
If yes,
(1) Length of area to be filled 3.116 feet
(2) Width of area to be filled 23.0-416 feet
i (3) Purpose of fill Fill section for roadwav from
stations 7+350 to 7-720 and 7+800 to 8+370
.
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
a. Will the proposed project involve any mitigation?
X Yes No
If yes, explain in detail Individual (Section 404)
Permit will require mitigation: mitigation debits
proposed from Dismal Swamp Mitigation Site
b. Will the proposed project require the relocation of
any existing utility lines? X Yes No
If yes, explain in detail utilities attached to existing
bridge will be relocated
c. Will the proposed project require the construction
of any temporary detour structures?
Yes X No
If yes, explain in detail
d. Will the proposed project require any work
channels? . Yes X No
If yes, complete Form DCIvI =MP-2
e. How will excavated or fill material be kept on site
and erosion controlled? Silt Fencin-!silt barriers
NCDOT Best Management Practices
f. What type of construction equipment will be used
(for example, drag
line, backhoe or hydraulic
dredge)? Cranes_ tracked and rubber-tire equipment
R. Wrill wetlands be crossed in transporting equipment
to project site? Yes X No
If yes, explain steps that will be taken to lessen
environmental impacts.
h. Will the placement of the proposed bridge or culvert
require any shoreline stabilization?
X Yes No
If yes, explain in detail Rip-rap placement at west
at both end-bents
H. Frankli l Vick. P.E., AD.G1
ZUAn Zroject ?Va e
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SION OF HIGHWAYS
10 ' IockaviHe , •_
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CROA'rAN Croitan? Biry??,?a)qt f CHOWAN COUNTY
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'. S i4 PROJECT 8.TO10602 - R-2512B
Scale of Miles U.S. 17 BY-PASS OF EDENTON
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10 20 30 40 4a SHEET r1 OF j* OCT., 1995
Scale of xllorrleten t
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to TRANSPORTATION
11]9 .'. DIVISION OF HIGHWAYS
Merry 113- PLANNING AND ENVIRONMENTAL
x L • + 1fsL L.:' \emrt waL.n ?? BRANCH
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Point of Tangent
Point of Curve
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Right
Limit of Fill (Slope-stake Line)
Limit of Cut
Normal Ground
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996
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Enginee
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID No. 199400991
PUBLIC NOTICE

NORTH CAROLINA DEPARTMENT OF TRANSPORTATION (NCDOT), DIVISION OF
HIGHWAYS, Post Office Box 25201, Raleigh, North Carolina 27611-5201 has
applied for a Department of the Army (DA) permit TO FILL 16.20 ACRES OF
SECTION 404 WETLANDS AND FILL 0.22 ACRE OF OPEN WATERS OF THE UNITED STATES
ADJACENT TO THE CHOWAN RIVER, PEMBROKE CREEK, AND THEIR UNNAMED TRIBUTARIES.
THE NCDOT PROPOSES TO WIDEN 9.3 MILES OF U.S. 17, INCLUDING REPLACING THE
BRIDGES OVER THE CHOWAN RIVER AND PEMBROKE CREEK, FROM 0.5 MILES WEST OF THE
CHOWAN RIVER TO WEST OF US 17 BUSINESS, EAST OF EDENTON, CHOWAN AND BERTIE
COUNTIES, NORTH CAROLINA, TIP NOS. R-2512A AND R-2512B, STATE PROJECT NO.
8.T010602.
The following description of the work is taken from data provided
by the applicant and from observations made during an onsite visit by a
representative of the Corps of Engineers. Plans submitted with the
application show that the NCDOT proposes to widen an existing two-lane section
of US 17 to a four-lane, median-divided roadway from approximately 0.5 miles
west of the Chowan River to US 17 Business, east of Edenton. The 9.3 miles of
improvements include the construction of a new fixed-span, high-rise bridge
across the Chowan River, replacing the existing two-lane, swing-bridge
structure. A new bridge will also be constructed over Pembroke Creek. The
median width will be 46 feet at wetland crossings.
The wetlands impacted by this project will occur at 12 sites and open
water impacts will occur at three of these locations, including an unnamed
tributary to the Chowan River, the Chowan River, and Pembroke Creek.
Temporary impacts to wetlands will result from construction of a temporary
haul road (1.58 acres of wetlands and 1.92 acres of open waters).
Approximately 14.92 acres of forested riverine wetlands will be filled by the
project and 1.28 acres of non-riverine wetlands. Wetlands adjacent to the
Chowan River and Pembroke Creek are of very high quality and total 11.08 of
the 14.92 acres of forested riverine acres to be destroyed.
NCDOT proposes to mitigate the wetland impacts by debiting wetland
acres from the Dismal Swamp Mitigation Site (DSMS), currently under
construction in Gates and Perquimans Counties, and the Company Swamp
Mitigation Bank (CSMB) in Bertie County. NCDOT proposes to mitigate the
wetland losses adjacent to the Chowan River and Pembroke Creek by debiting
83.10 acres from the CSMB (7.5:1 ratio). NCDOT proposes to mitigate the
remaining wetland losses from the DSMS at a 2:1 ratio for a total of 8.06
acres.
The purpose of the work is to facilitate the completion of the NCDOT
Interstate Corridor Program between Norfolk, Virginia, and Raleigh, North
Carolina.
A site map is included with this public notice. Application and plans of the
proposed project may be examined at the following offices:
U.S. Army Corps of Engineers
Washington Regulatory Field Office
Post Office Box 1000
Washington, North Carolina 27889-1000
[phone]
U.S. Army Corps of Engineers
Wilmington Regulatory Office
Post Office Box 1890
Wilmington, North Carolina 28402-1890
[phone]
U.S. Army Corps of Engineers
Raleigh Regulatory Field Office
6512 Falls of the Neuse Road, Suite 105
Raleigh, North Carolina 27615
[phone]
North Carolina Department of Environment,
Health and Natural Resource
Division of Environmental Management
Water Quality Section
Mr. John Dorney
By Phone only: [phone]
The applicant has determined that the proposed work is consistent with
the North Carolina Coastal Zone Management Plan and has submitted this
determination to the North Carolina Division of Coastal Management (NCDCM) for
their review and concurrence. This proposal shall be reviewed for the
applicability of other actions by North Carolina agencies such as:
a. The issuance of a Water Quality Certification under Section 401 of
the Clean Water Act by the North Carolina Division of Environmental Management
(NCDEM).
b. The issuance of a permit to dredge and/or fill under North Carolina
General Statute 113-229 by the North Carolina Division of Coastal Management
(NCDCM).
C. The issuance of a permit under the North Carolina Coastal Area
Management Act (CAMA) by the North Carolina Division of Coastal Management
(NCDCM) or their delegates.
d. The issuance of an easement to fill or otherwise occupy State-owned
submerged land under North Carolina General Statute 143-341(4), 146-6, 146-11,
and 146-12 by the North Carolina Department of Administration (NCDA) and the
North Carolina Council of State.
e. The approval of an Erosion and Sedimentation Control Plan by
the Land Quality Section, North Carolina Division of Land Resources
(NCDLR), pursuant to the State Sedimentation Pollution Control Act of 1973
(NC G.S. 113 A-50-66).
The requested Department of the Army (DA) permit will be denied if any
required State or local authorization and/or certification is denied. No DA
permit will be issued until a State coordinated viewpoint is received and
reviewed by this agency. Recipients of this notice are encouraged to furnish
comments on factors of concern represented by the above agencies directly to
the respective agency, with a copy furnished to the Corps of Engineers.
This application is being considered pursuant to Section 404 of the
Clean Water Act (33 U.S.C. 1344). Any person may request, in writing within
the comment period specified in the notice, that a public hearing be held
to consider this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this worksite is not a registered property or property listed as being
eligible for inclusion in the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by the District
Engineer, and he is otherwise unaware of the presence of such resources.
Presently, unknown archeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.
The District Engineer, based on available information, is not aware
that the proposed activity will affect species, or their critical habitat,
designated as endangered or threatened pursuant to the Endangered Species
Act of 1973.
The decision whether to issue a permit will be based on an evaluation
of the probable impacts, including cumulative impacts, of the proposed
activity and its intended use on the public interest. Evaluation of the
probable impacts which the proposed activity may have on the public interest
requires a careful weighing of all those factors which become relevant
in each particular case. The benefits which reasonably may be expected
to accrue from the proposal must be balanced against its reasonably
foreseeable detriments. The decision whether to authorize a proposal, and
if so the conditions under which it will be allowed to occur, are therefore
determined by the outcome of the general balancing process. That decision
should reflect the national concern for both protection and utilization of
important resources. All factors which may be relevant to the proposal must
be considered including the cumulative effects thereof. Among those are
conservation, economics, aesthetics, general environmental concerns, wetlands,
cultural values, fish and wildlife values, flood hazards and flood plain
values (in accordance with Executive Order 11988), land use, navigation, shore
erosion and accretion, recreation, water supply and conservation, water
quality, energy needs, safety, food and fiber production, mineral needs,
considerations of property ownership, and, in general, the needs and welfare
of the people. For activities involving the placement of dredged or fill
materials in waters of the United States, a permit will be denied if the
discharge that would be authorized by such permit would not comply with the
Environmental Protection Agencies' 404(b)(1) guidelines. Subject to the
preceding sentence and any other applicable guidelines or criteria, a permit
will be granted unless the District Engineer determines that it would be
contrary to the public interest.
The Corps of Engineers is soliciting comments from the public; Federal,
State and local agencies and officials; Indian Tribes and other interested
parties in order to consider and evaluate the impacts of this proposed
activity. Any comments received will be considered by the Corps of Engineers
to determine whether to issue, modify, condition or deny a permit for this
proposal. To make this decision, comments are used to assess impacts on
endangered species, historic properties, water quality, general environmental
effects and the other public interest factors listed above. Comments are used
in the preparation of an Environmental Assessment (EA) and/or an Environmental
Impact Statement (EIS) pursuant to the National Environmental Policy Act
(NEPA). Comments are also used to determine the need for a public hearing and
to determine the overall public interest of the proposed activity.
Generally, the decision whether to issue this Department of the Army (DA)
permit will not be made until the North Carolina Division of Environmental
Management (NCDEM) issues, denies, or waives State certification required by
Section 401 of the Clean Water Act. The NCDEM considers whether or not the
proposed activity will comply with Sections 301, 302, 306, and 307 of the
Clean Water Act. The application and this public notice for the Department
of the Army (DA) permit serves as application to the NCDEM for certification.
Additional information regarding the Clean Water Act certification may
be reviewed at the offices of the Environmental Operations Section, North
Carolina Division of Environmental Management (NCDEM), Salisbury Street,
Archdale Building, Raleigh, North Carolina. Copies of such materials will be
furnished to any person requesting copies upon payment of reproduction costs.
All persons desiring to make comments regarding the application for
Clean Water Act certification should do so in writing delivered to the North
Carolina Division of Environmental Management (NCDEM), Post Office Box 27687,
Raleigh, North Carolina 27611-7687, on or before April 19, 1996, Attention:
Mr. John Dorney.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Michael F. Bell, Washington Regulatory
Field Office, Post Office Box 1000, Washington, North Carolina 27889-1000,
until 4:15 p.m., April 26, 1996, or telephone [phone], extension 26.
4
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NORTH CAROLINA DEPA -AMErvt OF
a IRANSPOR T A'TION
DIVISION OF MIGHWAYS
PLANNING AND ENVIRONMENTAL
BRANCH
GEOGRAPHIC LOCATION MAP
US 17
BERT1E-CHOWAN COUNTIES
T. I. P. PROJECT R-2512
0 mile's 2
1
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„ -.. - d33NION3IDIUSl4

State of North Carolina
Department of Environme
Health and Natural Resou
Division of Coastal Managemen
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director

04/04/96
WAVE
Dr. Geor T. Everett Director
NC DEH R 4A
Div. nvironmental Management,
P Box 27687
Raleigh, NC 27611 a???Tq 1996
REFERENCE: ACTID-94-0991 County:. Multi County
Applicant/Sponsor: NC Department of Transportation
Improve US 17 Chowan River to Edenton TIP Nos. R-2512A and R-2512
Dear Dr. Everett:
The attached U.S. Army Corps of Engineers Public Notice, dated
03128196 describing a federal project or permit is being circulated
to interested State agencies for comments concerning the proposals
consistency with the North Carolina Coastal Management Program.
Please indicate your viewpoint on the proposal and return this
form to me before 04124196.
Sin&iely,
I ..
tephen B.: Benton
Consistency Coordinator
REPLY This office objects to the project as proposed.
Comments on this project are attached.
This office supports the project proposal.
No comment.
Signed
Date
Agency.
Q0?
nt, 7
r es 4 • •
t
[D EHI?F?
APR 18 1996-
P.O. Box 27687. Raleigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID No. 199400991
March 28, 1996
PUBLIC NOTICE
NORTH CAROLINA DEPARTMENT OF TRANSPORTATION (NCDOT), DIVISION OF
HIGHWAYS, Post Office Box 25201, Raleigh, North Carolina 27611-5201 has
applied for a Department of the Army (DA) permit TO FILL 16.20 ACRES OF
SECTION 404 WETLANDS AND FILL 0.22 ACRE OF OPEN WATERS OF THE UNITED STATES
ADJACENT TO THE CHOWAN RIVER, PEMBROKE CREEK, AND THEIR UNNAMED TRIBUTARIES.
THE NCDOT PROPOSES TO WIDEN 9.3 MILES OF U.S. 17, INCLUDING REPLACING THE
BRIDGES OVER THE CHOWAN RIVER AND PEMBROKE CREEK, FROM 0.5 MILES WEST OF THE
CHOWAN RIVER TO WEST OF US 17 BUSINESS, EAST OF EDENTON, CHOWAN AND BERTIE
COUNTIES, NORTH CAROLINA, TIP NOS. R-2512A AND R-2512B, STATE PROJECT NO.
8.T010602.
The following description of the work is taken from data provided
by the applicant and from observations made during an onsite visit by a
representative of the Corps of Engineers. Plans submitted with the
application show that the NCDOT proposes to widen an existing two-lane section
of US 17 to a four-lane, median-divided roadway from approximately 0.5 miles
west of the Chowan River to US 17 Business, east of Edenton. The 9.3 miles of
improvements include the construction of a new fixed-span, high-rise bridge
across the Chowan River, replacing the existing two-lane, swing-bridge
structure. A new bridge will also be constructed over Pembroke Creek. The
median width will be 46 feet at wetland crossings.
The wetlands impacted by this project will occur at 12 sites and open
water impacts will occur at three of these locations, including an unnamed
tributary to the Chowan River, the Chowan River, and Pembroke Creek.
Temporary impacts to wetlands will result from construction of a temporary
haul road (1.58 acres of wetlands and 1.92 acres of open waters).
Approximately 14.92 acres of forested riverine wetlands will be filled by the
project and 1.28 acres of non-riverine wetlands. Wetlands adjacent to the
Chowan River and Pembroke Creek are of very high quality and total 11.08 of
the 14.92 acres of forested riverine acres to be destroyed.
NCDOT proposes to mitigate the wetland impacts by debiting wetland
acres from the Dismal Swamp Mitigation Site (DSMS), currently under
construction in Gates and Perquimans Counties, and the Company Swamp
Mitigation Bank (CSMB) in Bertie County. NCDOT proposes to mitigate the
wetland losses adjacent to the Chowan River and Pembroke Creek by debiting
83.10 acres from the CSMB (7.5:1 ratio). NCDOT proposes to mitigate the
remaining wetland losses from the DSMS at a 2:1 ratio for a total of 8.06
acres.
The purpose of the work is to facilitate the completion of the NCDOT
Interstate Corridor Program between Norfolk, Virginia, and Raleigh, th
Carolina. 11.< 12 I
R?c?vEfl
APR 3 1996
COASTAL
MANAGEMENT
A site map is included with this public notice. Application and plans of the
proposed project may be examined at the following offices:
U.S. Army Corps of Engineers
Washington Regulatory Field Office
Post Office Box 1000
Washington, North Carolina 27889-1000
[phone]
U.S. Army Corps of Engineers
Wilmington Regulatory Office
Post Office Box 1890
Wilmington, North Carolina 28402-1890
[phone]
U.S. Army Corps of Engineers
Raleigh Regulatory Field Office
6512 Falls of the Neuse Road, Suite 105
Raleigh, North Carolina 27615
[phone]
North Carolina Department of Environment,
Health and Natural Resource
Division of Environmental Management
Water Quality Section
Mr. John Dorney
By Phone only: [phone]
The applicant has determined that the proposed work is consistent with
the North Carolina Coastal Zone Management Plan and has submitted this
determination to the North Carolina Division of Coastal Management (NCDCM) for
their review and concurrence. This proposal shall be reviewed for the
applicability of other actions by North Carolina agencies such as:
a. The issuance of a Water Quality Certification under Section 401 of
the Clean Water Act by the North Carolina Division of Environmental Management
(NCDEM).
b. The issuance of a permit to dredge and/or fill under North Carolina
General Statute 113-229 by the North Carolina Division of Coastal Management
(NCDCM).
C. The issuance of a permit under the North Carolina Coastal Area
Management Act (CAMA) by the North Carolina Division of Coastal Management
(NCDCM) or their delegates.
d. The issuance of an easement to fill or otherwise occupy State-owned
submerged land under North Carolina General Statute 143-341(4), 146-6, 146-11,
and 146-12 by the North Carolina Department of Administration (NCDA) and the
North Carolina Council of State.
e. The approval of an Erosion and Sedimentation Control Plan by
the Land Quality Section, North Carolina Division of Land Resources
(NCDLR), pursuant to the State Sedimentation Pollution Control Act of 1973
(NC G.S. 113 A-50-66).
The requested Department of the Army (DA) permit will be denied if any
required State or local authorization and/or certification is denied. No DA
permit will be issued until a State coordinated viewpoint is received and
reviewed by this agency. Recipients of this notice are encouraged to furnish
comments on factors of concern represented by the above agencies directly to
the respective agency, with a copy furnished to the Corps of Engineers.
This application is being considered pursuant to Section 404 of the
Clean Water Act (33 U.S.C. 1344). Any person may request, in writing within
the comment period specified in the notice, that a public hearing be held
to consider this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this worksite is not a registered property or property listed as being
eligible for inclusion in the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by the District
Engineer, and he is otherwise unaware of the presence of such resources.
Presently, unknown archeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.
The District Engineer, based on available information, is not aware
that the proposed activity will affect species, or their critical habitat,
designated as endangered or threatened pursuant to the Endangered Species
Act of 1973.
The decision whether to issue a permit will be based on an evaluation
of the probable impacts, including cumulative impacts, of the proposed
activity and its intended use on the public interest. Evaluation of the
probable impacts which the proposed activity may have on the public interest
requires a careful weighing of all those factors which become relevant
in each particular case. The benefits which reasonably may be expected
to accrue from the proposal must be balanced against its reasonably
foreseeable detriments. The decision whether to authorize a proposal, and
if so the conditions under which it will be allowed to occur, are therefore
determined by the outcome of the general balancing process. That decision
should reflect the national concern for both protection and utilization of
important resources. All factors which may be relevant to the proposal must
be considered including the cumulative effects thereof. Among those are
conservation, economics, aesthetics, general environmental concerns, wetlands,
cultural values, fish and wildlife values, flood hazards and flood plain
values (in accordance with Executive Order 11988), land use, navigation, shore
erosion and accretion, recreation, water supply and conservation, water
quality, energy needs, safety, food and fiber production, mineral needs,
considerations of property ownership, and, in general, the needs and welfare
of the people. For activities involving the placement of dredged or fill
materials in waters of the United States, a permit will be denied if the
discharge that would be authorized by such permit would not comply with the
Environmental Protection Agencies' 404(b)(1) guidelines. Subject to the
preceding sentence and any other applicable guidelines or criteria, a permit
will be granted unless the District Engineer determines that it would be
contrary to the public interest.
The Corps of Engineers is soliciting comments from the public; Federal,
State and local agencies and officials; Indian Tribes and other interested
parties in order to consider and evaluate the impacts of this proposed
activity. Any comments received will be considered by the Corps of Engineers
to determine whether to issue, modify, condition or deny a permit for this
proposal. To make this decision, comments are used to assess impacts on
endangered species, historic properties, water quality, general environmental
effects and the other public interest factors listed above. Comments are used
in the preparation of an Environmental Assessment (EA) and/or an Environmental
Impact Statement (EIS) pursuant to the National Environmental Policy Act
(NEPA). Comments are also used to determine the need for a public hearing and
to determine the overall public interest of the proposed activity.
Generally, the decision whether to issue this Department of the Army (DA)
permit will not be made until the North Carolina Division of Environmental
Management (NCDEM) issues, denies, or waives State certification required by
Section 401 of the Clean Water Act. The NCDEM considers whether or not the
proposed activity will comply with Sections 301, 302, 306, and 307 of the
Clean Water Act. The application and this public notice for the Department
of the Army (DA) permit serves as application to the NCDEM for certification.
Additional information regarding the Clean Water Act certification may
be reviewed at the offices of the Environmental Operations Section, North
Carolina Division of Environmental Management (NCDEM), Salisbury Street,
Archdale Building, Raleigh, North Carolina. Copies of such materials will be
furnished to any person requesting copies upon payment of reproduction costs.
All persons desiring to make comments regarding the application for
Clean Water Act certification should do so in writing delivered to the North
Carolina Division of Environmental Management (NCDEM), Post Office Box 27687,
Raleigh, North Carolina 27611-7687, on or before April 19, 1996, Attention:
Mr. John Dorney.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Michael F. Bell, Washington Regulatory
Field Office, Post Office Box 1000, Washington, North Carolina 27889-1000,
until 4:15 p.m., April 26, 1996, or telephone [phone], extension 26.
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NORTH CAROLINA rjKP RT2%CN"T OF
TRANSPORTATION
DTVISION OF 141CHWAYS
s PLANNING AND ENVIRONMENTAL
BRANCH
GEOGRAPHIC LOCAMN MAP
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SERT1E-CHOWAN COUNTIES
T. I. P. PROJECT R-2512
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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT JR. DIVISION OF HIGHWAYS
GOVERNOR P.O. BOX 25201. RALEIGH, N.C. 27611-5201
April 30, 1996
Mr. Michael F. Bell, Regulatory Project Manager
U. S. Army Corps of Engineers
Washington Regulatory Field Office
P. O. Box 1000
Washington, North Carolina 27889
Dear Mr. Bell:
GARLAND B. GARRETT JR.
SECRETARY
Reference is made to your April 22, 1996 letter, informing the North Carolina
Department of Transportation (NCDOT) of "substantive (and/or) adverse comments"
from state and federal agencies related to the Department's March 1996 Department of
the Army permit application for the proposed widening of US 17 in Bertie and Chowan
Counties (TIP No. R-2512).
For the most part, many of the issues raised in your enclosed agency letters have been
discussed among the Department and various state and federal agencies. There is general
agreement relative to the need to provide special protection to sensitive resources such as
the Chowan River and Pembroke Creek. As you know, the Department has agreed to
implement High Quality Water design standards at the Chowan River to insure that
adequate safeguards are in place during the construction interval. The Department's
proposed SAV plan will define and quantify impacts which results from construction
activities and/or post-construction shading by the new bridge structure. The Department'
proposed compensatory mitigation for impacts to wetlands provides for equitable
replacement for those wetlands which are considered most valuable and still provides
adequate replacement for the smaller, isolated wetlands. Only four comments from the
Division of Marine Fisheries and the National Marine Fisheries Service have been singled
out for special responses.
North Carolina Division of Marine Fisheries
0 Requested Moratoria for construction in the Chowan River and Pembroke Creek
The Department is aware of the need for, and is generally supportive of, an in-stream
moratorium during construction of a new bridge crossing of Pembroke Creek. However,
a moratorium for construction of the Chowan River Bridge is not considered to be
0
Mr. Michael F. Bell
April 30, 1996
Page 2
practicable for such a massive structural project. The moratorium proposed for the
Chowan River project would extend the construction interval several years and would
result in an extraordinary increase in construction costs due to the delays. In view of the
Department's concerns in this regard, Mr. Randy Turner discussed this issue with
Ms. Sara Winslow (Division of Marine Fisheries). Ms. Winslow indicated that the
request for a moratorium at the Chowan River was intended to provide adequate
protection to the resource should the Department decide to dredge a construction channel.
The Department's position is that a dredged work channel will n be required for the
proposed construction of the Chowan River Bridge.
• Shift of construction to north side of Pembroke Creek
As you are aware, the Department is pursuing a supplemental mitigation concept at
Pembroke Creek which, as proposed, would restore the degraded wetland landscape on
the north side of the existing highway, result in the planting of a sizable population of
Atlantic White Cedar (Chamaecyparis thyoides), and reestablish surface water continuity
between north side and south side floodplains._ Preliminary studies are being conducted
to ascertain total cost and feasibility of the work described above. Completion of this
evaluation is anticipated in the very near future.
National Marine Fisheries Service
• Shift of construction to north side of Pembroke Creek (See response provided above)
• Monitoring of the restoration of the temporary haul road site located south of the
proposed land trestle
The Department agrees that follow-up evaluation of this area is desirable and therefore
proposes to review the area with its biological staff two years following removal of
temporary fills. If acceptable vegetation regeneration is not occurring, an appropriate
remedial course of action will be recommended.
We hope that this information properly addresses the concerns raised by these two
agencies. We appreciate the opportunity to respond to these issues. If you have any
questions or additional comments, please contact Mr. Randy Turner at [phone].
Sincerely,
H. Franklin Vick, P.E., Manager
Planning and Environmental Branch
HFV/mrt

Page 3
April 30
Mr. Bell
cc: Mr. Michael Smith, COE, Raleigh
Mr. Terry Moore, DCM, Washington
Mr. John Dorney, DEM, Water Quality Section
Mr. David Cox, NCWRC, NCDOT Coordinator
Mr. Howard Hall, FWS, Interim 404 Coordinator
Mr. Ron Sechler, NMFS, Beaufort
Ms. Sara Winslow, DMF, Elizabeth City
Mr. Kelly Barger, P.E., NCDOT, Program Development Branch
Mr. Tom Shearin, P.E., NCDOT, Roadway Design Unit
Mr. A. L. Hankins, P.E., NCDOT, Hydraulics Unit
Mr. John Smith, P.E., NCDOT, Structure Design Unit
Mr. Don Morton, P.E., NCDOT, Highway Design Branch
Mr. D. R. Conner, P.E., NCDOT, Division 1 Engineer
Mr. J. A. McInnis, Jr., P.E., NCDOT, Planning & Environmental Branch
Mr. M. Randall Turner, NCDOT, Division 1 Environmental Officer
ow" REPLY TO
ATTENTION OF
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
Action ID No. 199400991
Mr. John Dorney
North Carolina Division
of Environmental Management
Water Quality Section
Wetlands and Aquatic Plants
4401 Reedy Creek Road
Raleigh, North Carolina 27607
Dear Mr. Dorney:
March 28, 1996
RECEIVED
MAR 2 6 1996
ENVIRONMENTAL SOiENCES
r.,„„
5W
Enclosed is the application of the North Carolina Department of
Transportation (NCDOT) for Department of the Army (DA) authorization and
a State Water Quality Certification to fill 16.20 acres of 404 wetlands
and fill 0.22 acre of open waters of the United States adjacent to the Chowan
River, Pembroke Creek, and their unnamed tributaries. NCDOT proposes to widen
9.3 miles of U.S. 17, including replacing the bridges over the Chowan River
and Pembroke Creek, from 0.5 miles west of the Chowan River to west of U.S. 17
Business, East of Edenton, Chowan and Bertie Counties, North Carolina. Your
receipt of this letter verifies your acceptance of a valid request for
certification in accordance with Section 325.2(b)(ii) of our administrative
regulations.
We are considering authorizing the proposed activity pursuant to
Section 404 of the Clean Water Act, and we have determined that a water
quality certification is required under the provisions of Section 401 of the
same law. A Department of the Army permit will not be granted until the
certification has been obtained or waived.
In accordance with our administrative regulations, in most cases, 60 days
after receipt of a request for certification is a reasonable time for State
action. Therefore, if you have not acted on the request, or asked for an
extension of time, by May 31, 1996, the District Engineer will deem that
waiver has occurred.
Thank you for your time and cooperation. Questions or comments may
be addressed to me at the Washington Regulatory Field office, telephone
[phone], extension 26.
Sinc rely,
Michael F. Be 1
Regulatory Project Manager
Enclosure
-2-
Copies Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of Environment,
Health and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID No. 199400991
March 28, 1996
PUBLIC NOTICE
NORTH CAROLINA DEPARTMENT OF TRANSPORTATION (NCDOT), DIVISION OF
HIGHWAYS, Post Office Box 25201, Raleigh, North Carolina 27611-5201 has
applied for a Department of the Army (DA) permit TO FILL 16.20 ACRES OF
SECTION 404 WETLANDS AND FILL 0.22 ACRE OF OPEN WATERS OF THE UNITED STATES
ADJACENT TO THE CHOWAN RIVER, PEMBROKE CREEK, AND THEIR UNNAMED TRIBUTARIES.
THE NCDOT PROPOSES TO WIDEN 9.3 MILES OF U.S. 17, INCLUDING REPLACING THE
BRIDGES OVER THE CHOWAN RIVER AND PEMBROKE CREEK, FROM 0.5 MILES WEST OF THE
CHOWAN RIVER TO WEST OF US 17 BUSINESS, EAST OF EDENTON, CHOWAN AND BERTIE
COUNTIES, NORTH CAROLINA, TIP NOS. R-2512A AND R-2512B, STATE PROJECT NO.
8.T010602.
The following description of the work is taken from data provided
by the applicant and from observations made during an onsite visit by a
representative of the Corps of Engineers. Plans submitted with the
application show that the NCDOT proposes to widen an existing two-lane section
of US 17 to a four-lane, median-divided roadway from approximately 0.5 miles
west of the Chowan River to US 17 Business, east of Edenton. The 9.3 miles of
improvements include the construction of a new fixed-span, high-rise bridge
across the Chowan River, replacing the existing two-lane, swing-bridge
structure. A new bridge will also be constructed over Pembroke Creek. The
median width will be 46 feet at wetland crossings.
The wetlands impacted by this project will occur at 12 sites and open
water impacts will occur at three of these locations, including an unnamed
tributary to the Chowan River, the Chowan River, and Pembroke Creek.
Temporary impacts to wetlands will result from construction of a temporary
haul road (1.58 acres of wetlands and 1.92 acres of open waters).
Approximately 14.92 acres of forested riverine wetlands will be filled by the
project and 1.28 acres of non-riverine wetlands. Wetlands adjacent to the
Chowan River and Pembroke Creek are of very high quality and total 11.08 of
the 14.92 acres of forested riverine acres to be destroyed.
NCDOT proposes to mitigate the wetland impacts by debiting wetland
acres from the Dismal Swamp Mitigation Site (DSMS), currently under
construction in Gates and Perquimans Counties, and the Company Swamp
Mitigation Bank (CSMB) in Bertie County. NCDOT proposes to mitigate the
wetland losses adjacent to the Chowan River and Pembroke Creek by debiting
83.10 acres from the CSMB (7.5:1 ratio). NCDOT proposes to mitigate the
remaining wetland losses from the DSMS at a 2:1 ratio for a total of 8.06
acres.
The purpose of the work is to facilitate the completion of the NCDOT
Interstate Corridor Program between Norfolk, Virginia, and Raleigh, North
Carolina. A site map is included with this public notice. Copies of the
application and plans of the proposed project are available upon request at
the following offices:
U.S. Army Corps of Engineers
Washington Regulatory Field Office
Post Office Box 1000
Washington, North Carolina 27889-1000
[phone]
U.S. Army Corps of Engineers
Wilmington Regulatory Office
Post Office Box 1890
Wilmington, North Carolina 28402-1890
[phone]
U.S. Army Corps of Engineers
Raleigh Regulatory Field Office
6512 Falls of the Neuse Road, Suite 105
Raleigh, North Carolina 27615
[phone]
North Carolina Department of Environment,
Health and Natural Resource
Division of Environmental Management
Water Quality Section
Mr. John Dorney
By Phone only: [phone]
The applicant has determined that the proposed work is consistent with
the North Carolina Coastal Zone Management Plan and has submitted this
determination to the North Carolina Division of Coastal Management (NCDCM) for
their review and concurrence. This proposal shall be reviewed for the
applicability of other actions by North Carolina agencies such as:
a. The issuance of a Water Quality Certification under Section 401 of
the Clean Water Act by the North Carolina Division of Environmental Management
(NCDEM).
b. The issuance of a permit to dredge and/or fill under North Carolina
General Statute 113-229 by the North Carolina Division of Coastal Management
(NCDCM).
C. The issuance of a permit under the North Carolina Coastal Area
Management Act (CAMA) by the North Carolina Division of Coastal Management
(NCDCM) or their delegates.
d. The issuance of an easement to fill or otherwise occupy State-owned
submerged land under North Carolina General Statute 143-341(4), 146-6, 146-11,
and 146-12 by the North Carolina Department of Administration (NCDA) and the
North Carolina Council of State.
e. The approval of an Erosion and Sedimentation Control Plan by
the Land Quality Section, North Carolina Division of Land Resources
(NCDLR), pursuant to the State Sedimentation Pollution Control Act of 1973
(NC G.S. 113 A-50-66).
The requested Department of the Army (DA) permit will be denied if any
required State or local authorization and/or certification is denied. No DA
permit will be issued until a State coordinated viewpoint is received and
reviewed by this agency. Recipients of this notice are encouraged to furnish
comments on factors of concern represented by the above agencies directly to
the respective agency, with a copy furnished to the Corps of Engineers.
This application is being considered pursuant to Section 404 of the
Clean Water Act (33 U.S.C. 1344). Any person may request, in writing within
the comment period specified in the notice, that a public hearing be held
to consider this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this worksite is not a registered property or property listed as being
eligible for inclusion in the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by the District
Engineer, and he is otherwise unaware of the presence of such resources.
Presently, unknown archeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.
The District Engineer, based on available information, is not aware
that the proposed activity will affect species, or their critical habitat,
designated as endangered or threatened pursuant to the Endangered Species
Act of 1973.
The decision whether to issue a permit will be based on an evaluation
of the probable impacts, including cumulative impacts, of the proposed
activity and its intended use on the public interest. Evaluation of the
probable impacts which the proposed activity may have on the public interest
requires a careful weighing of all those factors which become relevant
in each particular case. The benefits which reasonably may be expected
to accrue from the proposal must be balanced against its reasonably
foreseeable detriments. The decision whether to authorize a proposal, and
if so the conditions under which it will be allowed to occur, are therefore
determined by the outcome of the general balancing process. That decision
should reflect the national concern for both protection and utilization of
important resources. All factors which may be relevant to the proposal must
be considered including the cumulative effects thereof. Among those are
conservation, economics, aesthetics, general environmental concerns, wetlands,
cultural values, fish and wildlife values, flood hazards and flood plain
values (in accordance with Executive Order 11988), land use, navigation, shore
erosion and accretion, recreation, water supply and conservation, water
quality, energy needs, safety, food and fiber production, mineral needs,
considerations of property ownership, and, in general, the needs and welfare
of the people. For activities involving the placement of dredged or-fill
materials in waters of the United States, a permit will be denied if the
discharge that would be authorized by such permit would not comply with the
Environmental Protection Agencies' 404(b)(1) guidelines. Subject to the
preceding sentence and any other applicable guidelines or criteria, a permit
will be granted unless the District Engineer determines that it would be
contrary to the public interest.
The Corps of Engineers is soliciting comments from the public; Federal,
State and local agencies and officials; Indian Tribes and other interested
parties in order to consider and evaluate the impacts of this proposed
activity. Any comments received will be considered by the Corps of Engineers
to determine whether to issue, modify, condition or deny a permit for this
proposal. To make this decision, comments are used to assess impacts on
endangered species, historic properties, water quality, general environmental
effects and the other public interest factors listed above. Comments are used
in the preparation of an Environmental Assessment (EA) and/or an Environmental
Impact Statement (EIS) pursuant to the National Environmental Policy Act
(NEPA). Comments are also used to determine the need for a public hearing and
to determine the overall public interest of the proposed activity.
Generally, the decision whether to issue this Department of the Army (DA)
permit will not be made until the North Carolina Division of Environmental
Management (NCDEM) issues, denies, or waives State certification required by
Section 401 of the Clean Water Act. The NCDEM considers whether or not the
proposed activity will comply with Sections 301, 302, 306, and 307 of the
Clean Water Act. The application and this public notice for the Department
of the Army (DA) permit serves as application to the NCDEM for certification.
Additional information regarding the Clean Water Act certification may
be reviewed at the offices of the Environmental Operations Section, North
Carolina Division of Environmental Management (NCDEM), Salisbury Street,
Archdale Building, Raleigh, North Carolina. Copies of such materials will be
furnished to any person requesting copies upon payment of reproduction costs.
All persons desiring to make comments regarding the application for
Clean Water Act certification should do so in writing delivered to the North
Carolina Division of Environmental Management (NCDEM), Post Office Box 27687,
Raleigh, North Carolina 27611-7687, on or before April 19, 1996, Attention:
Mr. John Dorney.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Michael F. Bell, Washington Regulatory
Field Office, Post Office Box 1000, Washington, North Carolina 27889-1000,
until 4:15 p.m., April 26, 1996, or telephone [phone], extension 26.
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NORTH CAROLINA DEPARTMENT OF
TRANSPORTATION
DIVISION OF HIGHWAYS
Tj? PLANNING AND ENVIRONMENTAL
BRANCH
GEOGRAPHIC LOCATION MAP
US 17
SERTIE-CHOWAN COUNTIES
T. I. P. PROJECT R-2512
L mires 2 FIG. 1
CPAk 696
Ww /..77CCll STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT JR. DIVISION OF HIGHWAYS GARLAND B. GARRETT JR.
GOVERNOR P.O. BOX 25201, RALEIGH, N.C. 27611-5201 SECRETARY
March 15; 1996
U.S. Army Corps of Engineers
Regulatory Field Office
6512 Falls of the Neuse Road 960280
Suite 105
Raleigh, North Carolina 27615
ATTENTION: Mr. Michael Smith
Chief. Northern Section
Dear Sir:
SUBJECT: Section 404 individual Permit Application for tree Proposed
Improvements to US 17 from Vliest of the Chowan River to US 17
Business, East of Edenton; Bettie and Chowan Counties, TIP No. R-
2512: State Project No. 8. TO 10602,, Federal Aid No. DPI-0199(005)
The North Carolina Department of Transportation is proposing to widen an
existing 2-lane section of US 17 to a 4-lane, median-divided roadway from
approximately 0.5 mile west of the Choi^ran River to US 17 Business, east of Edenton
(Figure 1). The 9.3 miles of improvements include the construction of a new fixed-
span; high-rise bridge across the Chowan River, replacing the existing 2-lane, swing-
span structure. For construction management purposes, the Department has broken
the project into two sections, identified as R-2512A (from +i- 0.5 mile west of the
Chowan River to +i- 0.4 mile east of the Chowar. River) and R-2512B (from R-2512A to
US 17 Business, east of Edenton). Both sections wi':I be iet to construction In August
1996. A single Section 404 permit application is being submitted for both sections
combined.
Purpose and Need
The focus of the subject project is to provide a multi-lane transportation corridor
link that ultimately provides for a high speed connection between Norfolk and Raleigh.
The United States Department of Transportation Appropriations Act for 1991-92 ana
the Intermodal Surface Transportation Efficiency Act of 1991 both provided funding for
a four lane highway between Elizabeth City and Raleigh. The intent of this funding is to
stimulate economic development in northeastern North Carolina. in addition to the
strategic; economic development role served by this proposal, construction of a fixed-
span, high rise bridge across the Chowan River will result in increased user efficiency
by eliminating the bottleneck represented by the existing swing-span bridge structure.
Act,

Page 2
March 15, 1996
Mr. Smith
NEPA DOCUmentation
An Environmental Assessment (EA) study was initiated in July 1992 for R-2512
following a determination that the proposal was not likely to result in significant,
detrimental effects to the environment. The EA was completed on June 29. 1994.
Based upon the results of the EA, the Federal Highway Administration, authorizes' the
issuance of a Finding of No Significant impact (FONSI), which was completed on
March 15; 1995.
Alternatives Analysis
The project is essentially a "widen existing" proposa . Since the project is to
provide full control of access east of the Chowan River; in addition to studying several
main-line alignment alternatives; it was also necessary to 'Consider alternatives for
providing access to three properties which lie immediately east of the Chowan River.
One property is situated north of US 17 and the other two are located south of US 17.
In addition to a "no-build" alternative; a delay of recommended alternative was also
examined.
• No-Build Alternative: While the No-Build concept would result in the least
damage to the environment; it would also be true that none of the anticipated
benefits would be derived from the project. Economic development, traffic safety;
improved user efficiency and increased capacity are the benefits that will result from
the proposal. For this reason, the no-build alternative was not selected.
• Delay of Recommended Alternative: This alternative was an examination of the
consequences of delaying implementation of the recommended a',ternative. It was
concluded that, due to the existing bottleneck to highway and marine traffic, caused
by the opening and closing of the swing-span at the ChoAraan River, a delay of
implementation would only lead to a worsening of the situation. This section of the
project already experiences Level of Service (LOS) D and by the design year the
value is expected to drop to LOS E.
Build Alternatives: Two basic alignment alternatives (widen to the south and
widen to the north) were studied within each of three alternative segments. The
alternative segments included A (from western project terminus to 700 feet east of
US 17 Business; wrest of Edenton), B (from Segment A. to 1:200 feet west of SR
1234) and C (from Segment B to 1, 700 feet east of US 17 Business, east of
Edenton). A second variable; median width, was studied with each of the north, or
south alternatives. Finally, service road alternatives were examined along • : it
various Section A main-line alternatives. Each of these alternatives are oescribea in
Table 1 and their anticipated consequences (cost and environments! impacts` are
given in Table 2. Due to the presence of significant resources- (eligible historic
property, subdivision. 4(f) public boat ramp and Public Game and) many of the

Page 3
March 15, 1996
Mr. Smith
possible alignment configurations were rejected as being too costly or not practicable
due to the significance of the resource involved; in some cases involving 4"-* or
Section 106 uses. Consequently, a subset of the possible alternatives were seen as
reasonable and feasible. These alignment configurations (a combination of
alternative segments to form a complete project) and their summary impacts are
compared in Table 3.
Table 1. Description of Alternative Alignment Segments
Alternative North/South Median Width Service Road
A1: South 46-foot New Location South of' S 17
A2: North 46-foot New Location South of US 17
A3: South 68-foot New Location South of US 17
A4: South 200-foot New Location South of US 17
A5: South 46-foot Use Existing US 17 as Service Rd.
131: South 46-foot -
132: South 68-foot -
133: North 46-foot -
24: South 10-foot -
C: South 68-foot -
Note: Remember Segments A, B and C are geographically defined (see page 2 above)
The impacts likely to result from the construction of separate alternative
segments described in Table 1 are presented belov!. A combination of any A; B; or C
segment forms a complete project.
Table 2. Comparison of Anticipated Project Consequences, by Alternative Segments
ANTICIPATED IMPACTS
Al A2 A3 A4 A5 B1 B2 B3 64 C
Costs (total in $millions)? 54.0 54.6 54.5 54.6 49.5 5.5 6.0 5.7 5.0 16.8
Relocatees
Residences 1 4 1 1 1 0 0 0 0 0
Businesses 0 0 0 0 0 0 0 0 0 G
TOTAL i 4 1 1 1 0 G 0 0 0
Cultural Resource Sites 12 23 12 12 12 0 0 14 0 0
Wetlands (acres) 21.2 18.8 23.5 24.1 21.4 10.5 12.2 5.0 7.0 20.3
Prime Farmland (acres) 0 0 0 0 0 0 0 0 0 0
Protected Species 0 0 0 0 0 0 0 0 0 0
Note: 1 denotes construction and right of sway costs estimated during EH preparation; 2 Edenhouse Site (Eligible for
National Registry): 3 Edenhouse Site cemetery and 4(f) boat ramp: 4 Public Game Lands
Table 3 provides a more meaningful comparison of buildable segment
combinations. Twenty total segment combinations are possible: however only twelve
buildable combinations avoid significant cultural resource sites and a residential
subdivision.

Page 4
March 15, 1996
Mr. Smith
Table 3. Comparison of Anticipated Project Consequences; by Alignment Configuration
ANTICIPATED IMPACTS
A1B1 A162 .Al B4 A3B1 A3B2 AMA A4B1 A4B2 A464 AM1 AF-,B2 A564
Costs (total in $millions)f 76.3 76.8 75.8 76.8 772D 76.3 76.9 77.4 76.4 71.8 72.3 71.3
Relocatees 1 1 1 1 1 1 1 1 1 1 1 1
Cultural Resource Sites 12 12 12 12 12 12 17 1 12 12 12 12
Biotic Communities (acres) 270 274 263 272 274 266 274 277 268 270 274 264
Wetlands (acres)' 52.0 53.7 48.5 54.3 56.0 50.8 54.9 56.6 51.4 52.2 53.9 48.7
Note: Segment C has been paired with all alternative combinations. however space precluded showing it in table: Biotic
Community values are rounded to nearest acre: 1 denotes construction and right of way costs estimated during EA
preparation: Z Edenhouse Site (Eligible for National Registry); Recommended Alignment shown in bold: 3 Data from
EA and is based upon "Determination Methodology"
Recommended Alternative: Alternative A5 BI C was selected as the Recommended
alignment based on a number of considerations. The south side widening successfully
avoided the Edenhouse Site cemetery; residential subdivision and WRC public boat
ramp (Segment A5). It also avoids impacts to the WRC Public Game Lands located
west of Pembroke Creek (B1). Furthermore; the recommended will use a 46-foot
median through wetland continuums at Reedy Point Swamp and Pembroke Creels.
This alternative further permits the use of a portion of existing US 17 east of the
Chowan River as a service road for commercial and public facilities located on the east
bank of the river. Costs associated with the recommended alternative are the next to
the lowest for all alternatives shown in Table 3. T he only alternatives which cost less
and which impact less wetlands are those which include segment B4. The 1 0-foot
median width (a barrier-type median section) for the B4 segment placed the travel lanes
too close (four feet) to the barrier for a roadway section. This restriction would not
provide ample recovery space for errant vehicles. Less recovery area is generally more
accepted and expected by drivers on structures or immediate approachways, or in
areas of dense development. However in areas of open roadway; such as found in
Segment B; the juxtaposition of a barrier with traffic flows will lead to increased risks to
the motoring public. It was concluded that the sacrifices in safety inherent in the B4
concept were not acceptable. For these reasons; the recommended alternative was
found to offer the best balance among environmental considerations, cost arid safety.
Impacts To Waters of the U.S.
Impacts to wetlands will occur at 12 sites and surface water impacts will occur at
three of these same locations; including an unnamed tributary to the Chowan River
(site 1), the Chowan River (sites 4-6) and Pembroke Creek (site 8). Permanent
impacts to wetlands will result from footprint fills; and as a result of the installation of
bridge supports (piles; footings, etc.). Temporary impacts to wetlands will result from
construction of a temporary haul road on the south side of the land trestle between
stations 4+373 and 4+725. This work road will be built after clearing (but not
grubbing) woody vegetation in an approximately 30-foot wide area. A geotechnical
fabric will be placed on the surface and a temporary causeway fill section will be placed
on the fabric. Following construction of the lard trestle; ail temporary fills and the
a
Page 5
March 15, 1995
Mr. Smith
geotechnical fabric will be removed. Temporary impacts to surface \vaters (Chowan
River) will result from the use of sunken work barges in the shallows during construction
of the Chowan River bridge and during demolition of the existing bridge structure.
Permanent impacts to surface %, aters will result from the installation of vertical bridge
support members, including piers, bents and footings. A submerged aquatic wetland,
composed of rooted vascular vegetation (SAVs), occurs in the project work area within
75 feet of the eastern bank of the Chowan River. A portion of this area will be impacted
by work barges and the installation of vertical bridge supports.
Potential impacts due to a shading effect at sites 6 and 7 from the Cho\.%/an
River bridge and land trestle have not been quantified. The Department feels that the
bridging of terrestrial wetlands represents the highest commitment to avoidance and/or
minimization short of "no-build". While it is true that the biotic community composition
beneath the trestle structure (site 7) will change; the area will remain a wetland since
the hydrological continuity will not be interrupted. This shift in functionality of the
wetland will undoubtedly be attractive to a large number of species more adaptabie to
forested wetland fringes. With respect to the SAV community (site 6), the Department
is committed to a plan designed to quantify losses that occur in this community as a
direct result of construction and shading affects. See discussion below in the Mitigation
section. No excavation at wetland sites will occur in this project. Table 4 provides a
summary of anticipated impacts to wetlands, as well as community and relative wetland
quality information.
Table 4. Waters of the U.S. Impacted by R-2512: Size; Community Type and Quality
SITE IMPACTS COMMUNITY QUALITY INDEX
Temporary Permanent
Wetland Surface H?O Wetland Surface H-0
1 - - 0.74 - PF01 (R) FS 5-VV0 4-WH 4 = 13
2 - - 1.68 - PF01 (R) FS 4-WO 4-WH 4 = 12
3 - - 0.96 - PF01 (R) FS 4-WC 4AW 3 = 11
4 - 0.913 - 0.034 E1UBL -
5 - - - 0.154 E1UBL -
6 0.101 1.013 <0.03 0.03° RAB3 (SAV) (High Quality)
7A 1.482 - 1.75 - PF06/04 (R) FS 64VQ 5-WH 6 = 17
R-2512A : R-25128..E ._,
7B - - 4.88 - PF06/04 (R) FS 6-WQ 5-WH 6 = 17
8 - - 4.45 <0.016 PF06/04 (R) FS 6-WO 6-WH 6 = 18
9 - - 0.27 - PF01 (R) FS 4-WO 4-WH 4 = 12
10 - - 0.05 - PF01 (R) FS 4-WO 4-WH 4 = ":2
i 1 - - 0.11 - PF01 (R) FS 4-WQ 4-WH 4 = 12
12 - - 1.28 - PF01 (NR) FS 2-WC 2-WH 2 = 6
Totals 1.58 1.82 16.20 <0.22
Note: Data based upon Delineations: Values given are in acre(s): PF01, PF04, PF06. E1UBL and R1AB3
denote Palustrine Forested Broad-leaved Deciduous, Palustrine Forested Needle-leafed Evergreen.
Palustrine Forested Deciduous. Estuarine Subtidal Unconsolidated Bottom and Riverine Tidal Aquatic Bed
Rooted Vascular; R and NR denote Riverine and Non-Riverine, respectively; Quality Index explained belo?a,
Page 6
March 15; 1996
Mr. Smith
Quality Index: Each wetland was evaluated and was given a composite score based
upon its opportunity to perform each of the functional attributes and its presumed
effectiveness (based upon field and map assessments) in fulfilling each attribute.
Functional attributes selected are those which are widely viewed as the most importa„ t
among resource agencies (flood storage, water quality and wildlife habitat).
1. Flood Storage: Is wetland part of a larger system whic'r ;s positioned in the
landscape to receive surface flows from the adjoining landscape or from overbank
flooding of adjacent streams and is wetland characterized by topographic
depression ? (score, FS 3-5, dependent upon size, positioning and topography of
site) Or is wetland located in an interstream flat; dependent upon ground water (and
rainfall) sources of hydrology ? (score, FS 1-3; dependent upon distance to closest
stream system, or inputs from adjacent agricultural lands).
2. Water Quality Mitigation: Is wetland positioned in the landscape to intercept
surface runoff from agricultural lands, highways or other development, and does it
display suitable topography and vegetation to hold and trap particles and retain
toxins ? (score, WO 3-5, depending on positioning, shape and vegetation) Or, is
wetland a flat expanse without opportunity to receive and without topographic relief
to hold particles and toxins ? (score, WQ 1-3, depending upon the proximity to
drainage ditches from farms, etc.).
3. Wildlife Corridor/Habitat: Is wetland part of a larger, unbroken, riparian corridor
which provides opportunity for the movement of wildlife species ? (score; WH 3-5
depending on how much fragmentation exists and the composition of the canopy
and understory) Or, is wetland part of a non-riparian system ? (score VVH 1-3;
depending on whether community is fragmented and to what extert)
Mitigation
Based upon the Memorandum of Agreement between the Department of the
Army and the U.S. Environmental Protection Agency, which was executed on February
6; 1990, a process of verification and accountability for impacts to wetlands has been
put in place. Essentially, the process demands that a proposal must be able to
demonstrate that all reasonable steps have been taken to avoid impacts to wetlands
(and waters) to the maximum extent practicable, and. where prospective impacts have
been demonstrated to be unavoidable, evidence that all reasonable steps have been.
taken to minimize impacts to these wetlands (and waters) must be demonstrated; and,
where applicable; compensation for the unavoidable loss of wetlands is required.
Avoidance: Given that the project is a `widen existing' and that drainages (and
associated wetland systems) occur almost equally on Loth sides of the existing
roadway, there is no opportunity to cc,struct the additional two lanes without
crossing waters of the U.S. However; the Department is recommending two
bridging concepts which avoid the placement of roadway fills in a portion of t',410
wetland systems. One of these is an unnamed tributary located vrest of the
Page 7
March 15, 1996
Mr. Smith
Chowan River (site 1). The existing hydraulic structure is a box culvert. The second
site (site 7A) is a 1,200-foot land trestle to be built over a portion of the Reedy Point
Swamp wetlands which lie adjacent to US 17 on the east side of the Chowan River.
Minimization: Selection of the recommended alignment minimizes wetland
impacts when compared to all other reasonable alternatives (except one, Al B1 C,
which is estimated to impact only 0.2 acre less than the recommended). It can be
seen in Table 3 that the only other alternatives which would result in less impacts to
wetlands are those which utilize segment B4. As explained on page 4, this
alternative was rejected as unreasonable due to safety considerations.
Measures that have been taken to minimize impacts to unavoidable wetlands
include: use of 2:1 fill slopes in all wetland areas: reduction of medians in all
wetland areas to a 46-foot median section, bridging of wetlands at two sites; and
rejection of a construction channel for work in the Chowan River. The Department
has made special efforts to consider state and federal agency concerns. A pre-
permit application field review was conducted on January 11, 1996 for the purposes
of addressing avoidance and minimization issues. During this field review
numerous questions were asked of the NCDOT by agency staff concerning potential
minimization efforts. These questions and issues were subsequently addressed by
the Department in a letter dated March 12, 1996 and is included as an attachment.
Compensation: In spite of all efforts to avoid and minimize impacts to wetlands
and waters, a total of 16.20 acres of wetlands and <0.22 acre of surface waters will
be permanently impacted by the proposed widening of US 17, including the
construction of a new bridge over the Chowan River. Wetland impacts include
14.92 acres of riverine and 1.28 acres of non-riverine wetlands. It is noteworthy that
the wetlands associated with the Reedy Point Swamp and Pembroke Creek
wetlands are widely acknowledged to be very high quality systems, reflected in the
relative quality index scores assigned to these systems (17 and 18, respectively,
out of a highest possible score of 18). Impacts to these riverine systems account
for 11.08 acres of the total 16.20 acres.
The Department acknowledges its responsibility to provide suitable
compensatory mitigation for these unavoidable impacts and therefore makes the
following mitigation proposal. Impacted wetlands are to be debited from the Dismal
Swamp Mitigation Site (DSMS); or the Company Swamp Mitigation Bank (CSMB)
based upon the following formula:
-Riverine Wetlands: Riverine wetlands not associated with Reedy Point
Swamp or Pembroke Creek will be debited from the DSMS riverine credit inventory.
Since there are 3.84 acres of riverine impacts in this category; the Department
agrees to debit from the DSMS to compensate for the loss of these wetlands. The
DSMS has a balance of 27.62 acres of credits available in a combination of riverine
Page 8
March 15, 1996
Mr. Smith
restoration and enhancement. Based upon our recent request to allow for DSMS
credits to be applied against wetland losses associated with FR-2208A a: a ratio of
2.1:1 (approved by permit # 199401492 on July 12, 1995), it is reasonable to
assume that this ratio will apply to the R-2512 project. Therefore; the Department
agrees to debit 8.06 acres from the riverine budget at the DSMS: leaving a revised
balance of 19.56 acres at the mitigation site.
The Department recognizes that replacement credits for the losses of the Reedy
Point Swamp and Pembroke Creek wetlands are not available at the DSMS. Ir
view of the high quality of these wetlands, it is proposed that compensatory
mitigation for these wetland impacts be debited from the CSMB. The wetlands at
the CSMB are comparable to those at Reedy Point Swamp and Pembroke Creek
and therefore the replacement would be more equitable. Previous work by McCrain,
using HEP analysis to determine equitable replacement values for numerous
bottomland sites; suggests that a ratio of 3.4:1 is justified for replacement of
wetland assets at the CSMB (Journal of Environmental Management, 1991.
35:153). Since the Department has previously proposed debiting from the CSMB
for wetland impacts associated with R-12-11 12B in N",artin County at a ratio of 5-11 and
since the Reedy Point Swamp and Pembroke Creek wetlands are of a much higher
quality than any of the riverine sites impacted by the Martin, County project, the
Department offers to debit from CSMB at a ration of 7.5:1. This ratio wiii result in a
debit of 83.10 acres from CSMB (based upon total Impacts of 11.08 acres from
sites 7A, 7B and 8).
-Non-riverine Wetlands: Impacts to non-riverine wetlands at site 12 amount to
1.28 acres. The Department agrees to debit from the DSMS at the 2.1:1 ratio
described above (Riverine Wetlands; page 8), for a total of 2.69 acres. The
available credits in the non-riverine category at DSMS total 230.95 acres. The
revised balance following this action will be 228.26 acres.
-Submerged Aquatic Wetland: The Department is corrmILL
ted to providing
reliable data on this population that will be useful in determinations of losses due to
construction and/or shading from the new bridge span. The Department agrees:
1. to conduct a definitive underwater survey to map the population; including
measuring population density and species composition; prior to construction
(Summer 1996) to establish a pre-construction community profile.
2. to conduct post-construction monitoring to ascei is ri losses, if any, L, iat may
result from construction activities; including impacts from vertical bridae
supports and from sunken work barges.
3. to negotiate a reasonable monitoring program that is intended to elucidate a
correiatior betwee; actual population Declines (if any occur) and t h :
juxtaposition with the new bridge; based upon an hypothesized shade-effect.
Page 9
March 15, 1996
Mr. Smith
The Department further agrees to provide compensation for losses confirmed
from the investigative approach outlined above, the amount and nature of the
compensation to be determined through multi-agency discussions with the
Department, under the regu!atory authority of the Corps of Engineers and/or the
Division of Coastai Management.
Based upon existing construction and implementation schedules; the DSMS v:"il
be fully planted and monitoring wells installed NLT December 1996. oniv three months
following the contractor availability date for the R-25,112 project. The required 3-year
monitoring interval will commence in January, 1997 and, assuming the success criteria
are met. monitoring responsibilities will cease January 2000. The construction interval
for R-2512 is scheduled to last anti! Fall 1999. Based upon these consideratis. the
Department feels that its efforts to establish a successful mitigation site (DSMS )for the
purposes of compensating for wetland losses from highway projects in northeastern
North Carolina should be acknowledged and validated. Furthermore; he Department
fully intends to comply with all success criteria required by the regulatory process, so
that all of the credits available can be used for compensatory mitigation on future
projects. The expense and efforts applied to the development of successful mitigation
sites and the recent acceleration in site acquisition; plan development and
implementation should be evidence of the Department's good faith hightwa", prcjec s.
The expense and efforts applied to the development of successful mitigation sites and
the recent acceleration in site acquisition; plan development and implementation
should be evidence of the Department's good faith commitment to compensatory
mitigation.
T ie department requests that this (these) project{s} be authorized by a SectI on,
I
404 permit. A Department of the Army permit application (Eng Form 4345-1 dated Fl en
94) and a set of drawings depicting wetland hounda-ie:= are p'm•,lided f r y'?` ?"
information. Since this project is scheduled for an August it" 96 co,nstructlori letting
and since bid solicitations for the Chowan River bridge portion: of the project (R-25 2A!
i!. be advertised for 8-weeks the department respectfuiiy requests that the r-l--
notice process be initiated at the soonest possible opportunity.
if you have questions or comments, please call ,Fir. M. Randall T urne a
331-4737.
Sinr e-e
H. Franki'n Vick. P.E . Mananar
Planing & Environments, Drai ich
!--l c V!m rt
Page 10
March 15, 1996
Mr. Smith
Enclosures
cc: Mr. Mike Bell; COE, NCDOT Coordinator
Mr. Terry Moore, DCM, Washington
Mr. John Dorney; DEM, Water Quality Section
Mr. David Cox; NCWRC, NCDOT Coordinator
Ms. Katherine Doak. USFWS, 404 Coordinator
Mr. Ron Sechler; NMFS, Beaufort
Ms. Sara Winslow, DMF, Elizabeth City
Mr. Kelly Barger, P.E., NCDOT, Program Development
Mr. Tom Shearin, P.E.; NCDOT, Roadway Design
Mr. A. L. Hankins, P.E., NCDOT, Hydraulics Unit
Mr. John Smith; P.E.; NCDOT, Structure Design
Mr. Don Morton, P.E., NCDOT, Design Branch
Mr. D. R. Conner, P.E., NCDOT, Division 1 Engineer
Mr. J. A. McInnis, Jr., P.E., NCDOT, Planning & Environmental Branch
Mr. M. Randall Turner, NCDOT, Division 1 Environmental Officer
APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT OMB APPROVAL NO. 0710-003
(33 CFR 325) Expires October 1996
Public reporting burden for this collection of information is estimated to average 5 hours per response, including the time for reviewing instructions.
searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments
regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden.. to Department of
Defense, Washington Headquarters Service Directorate of Information Operations and Reports, 1215 Jefferson Davis Highway. Suite 1204, Arlington, VA
22202-4302; and to the Office of Management and Budget, Paperwork Reduction Project (0710-0003,1, Washington, DC 20503. Please DO NOT RETURN your
form to either of those addresses. Completed applications must be submitted to the District Engineer having jurisdiction over the location of the proposed
activity.
PRIVACY ACT STATEMENT
Authority: 33 USC 401, Section 10: 1413, Section 404. Principal Purpose: These laws require permits authorizing activities in, or affcc`in„ nav+gablf
waters of the United States, the discharge of dredged or fill material into waters of the United States, and the transportation of dre eed material for the
purpose of dumping it Into ocean waters. Routine Uses: Information provided on this form will be used in evaluating the application for a permit.
Disclosure: Disclosure of requested information is voluntary. If information is not provided, however, the permit application cannot be processed ror can.
a permit be issued.
One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this
application (see sample drawings and instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity.
An application that is not completed in full will be returned.
ITFMA I TWRI t A Tn Ar-9:11 I Ft1 RY TWI: t^n0P-Q%

1. APPLICATION NO. 2. FIELD OFFICE CODE 3. DATE RECEIVED 4. DATE APPLICATION COMPLETED
(ITEMS BELOW TO BE FIL LED BY APPLICANT)
5. APPLICANT'S NAME 8. AUTHORIZED AGENT'S NAME AND TITLE (an agent is notrequired)
H. Franklin Vick, P.E. M. Randall Turner, Division Environmental Officer
6. APPLICANT'S ADDRESS 9. AGENT'S ADDRESS
North Carolina Department of Transportation North Carolina Department of Transportation
Planning & Environmental Branch PO Box 1405
PO Box 25201 Elizabeth City, NC 27906-1405
Raleigh, NC 27611-5201
7. APPLICANT'S PHONE NOS, W/AREA CODE 10. AGENT'S PHONE NOS. W/AREA CODE
a. Residence a. Residence [phone]
b. Business [phone] b. Business [phone]
ii. _ „ STATEMENT OF AUTHORIZATION
andall (n ct in my behalf as my agent in the processing of this application and to fumish, upon request,
in of this p . appli on.
SIGNATURE DATE
NAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY
12. PROJECT NAME OR TITLE (see instructions)
R-2512: Proposed Widening of US 17 from West of Chowan River to West of US 17 Business. East of Edenton
13. NAME OF WATERBODY, IF KNOWN (if applicable) 14. PROJECT STREET ADDRESS (if applicable)
Chowan River, Pembroke Creek, Unnamed Tributary to Chowan. River
NIA
15.
Bertie & Chowan North Carolina
COUNTY STATE
16. OTHER LOCATION DESCRIPTIONS, IF KNOWN (see instructions)
(See item 12)
17. DIRECTIONS TO THE SITE
Proceed East of iffindsor on. US 17 +I- 11.5 miles: Project Alignment Starts +'- 0.5 mile Vvest of Cho+.var River; Proceed Eastward Throuch
Project Area to Eastern Terminus Located at US 17 Business Intersection Located East of
ENG FORM 4345, Feb 94 EDITION OF SEP 91 IS OBSOLETE (Proponent: CECW-OR)
IS. Nature of Activity (Description of project. including all features)
Proposed work involves construction of two additional lanes of traffic south of the existing alignment. The existing Chowan. River bridge will also
be replaced with a single, 4-lane. fixed-spar,, high rise structure. The existing structure will be removed. The Chowan River bridge wih continue eastward
across +/- 1.200 feet of Reedy Point Swamp wetlands. A new bridge will be constructed at the Pembroke Creek crossing and a bridge vAl replace an
existing box culvert at the site of an unnamed tributary to tiie Chowan River.
19. Project Purpose (Describe the reason or purpose of the project, see Instructions)
Proposed work is a Transportation Improvement undertaken to provide a rnialti-lane :ink bet:reen Raleigh and Elizabeth City as par' 0- a
USDOT-funded effort to secure a multi-lane, high speed corridor between Raleigh and Norfolk. The purpose of the facility is to stnulae econornic
develoment in northeastern North Carolina.
USE BLOCKS 20-22 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED
20. Reason(s) for Discharge
Fill will be discharged into wetlands at 12 sites to accommodate roadway footprint.
21. Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards
All Fills in wetlands will be from earth fill, derived from suitable upland borrov:,' sites. See attachment for quantities
22. Surface Area in Acres of Wetlands or Other Waters Filled (see instructions)
16.20 acres of wetlands and <0.22 acre of surface waters will be permanently impacted by project construction. Additionally. 1.58 acres of
wetlands and 1.92 acres of surface waters wail': experience temporary impacts from project construction.
23. Is Any Portion of the Work Already Complete ? Yes No _X IF YES.. DESCRIBE THE COMPLETED WORK
24. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (If more than can be entered here, please
attach a supplemental list).
See Attached List
25. List Other Certifications or Approvals/Denials Received from other Federal/State or Local Agencies for Work Described in This Application.
AGENCY TYPE APPROVAL* IDENTIFICATION NUMBER DATE APPLIED DATE APPROVED DATE DENIED
None
*Would Include but is not restricted to zoning, building and flood plain permits
26. Application is hereby made for a per(nit or permits to authorize the work described in this application. I certify that the information in this
application is co fete and ate, urt certify that I possess the authority to undertake the work described herein or am acting as the
duly, i ent of t e lic n .`
IGNATURE OF APPLICANT D E SIGNATURE OF AGEt!IT DATE
The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly
authorized agent if the statement in block 11 has been filled out and signed.
18 U.S.C. Section 1001 provides that: Whoever, in any manner, within the jurisdiction of any department or ages..^.y off the United States
knowingly and willfully falsifies; conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, f+ctiticus or
fraudulent statements or representations or makes or uses any false writing or document knowing same tc cort n army false fictit:,vz or
fraudulent statements, or entry, shalt be fined not more than 810,000 or imprisoned not more than; five years or both.
*U. S. GP ^:1 QS4 --520-4781820`, 8

STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT JR. DIVISION OF HIGHWAYS GARLAND B. GARRETT JR.
GOVERNOR P.O. BOX 25201. RALEIGH. N.C. 27611-5201 SECRETARY
March 12, 1996
Mr. Mike Bell, Regulatory Officer
U.S. Army Corps of Engineers
Washington Regulatory Field Office
P.O. Box 1000
Washington, N.C. 27889-1000
Dear Mr. Bell:
Re: Final Avoidance/Minimization Coordination for: Proposed Improvements to US-
17 from West of the Chowan River to US-17 Business. East of Edenton: Bertie and
Chowan Counties; TIP No. R-2512; State Project No. 8.T010602; Federal Aid No.
DPi-0199(005)
The following information is provided in an effort to answer questions and
respond to concerns raised by state and federal agencies during the final; pre-permit
application field review of the proposed improvements to US-17 from west of the
Chowan River to east of Edenton. For construction management purposes, the project
has been subdivided into R-2512A (from approximately 800 meters west of the Chowan.
River to approximately 650 meters east of the Chowan River) and R-25128 (from
650 meters east of the Chowan River to US-17 business, east of Edenton). Both
projects are scheduled to be let to construction simultaneously (August 1996). A single
Section 404 permit application is being submitted for the overall project, inclusive of R-
2512A and R-25128.
An interagency field review of the subject project was conducted on January 11,
1996. Attendees were given an opportunity to inspect the proposed alignment and
sites of anticipated impacts to wetlands and surface waters. During this inspection a
number of relevant questions were raised by one or more agency staff, including Mr.
David Cox (Wildlife Resources Commission), Mr. Eric Galamb (Division of
Environmental Management), Mr. Mike Bell (Corps of Engineers), Ms. Sara Winslow
(Division of Marine Fisheries) and Mr. David Moye (Division of Coastal Management). A
letter, which summarized and listed the concerns and questions raised by the state and
federal agencies, was mailed to all attendees on January 18, 1996.
The purpose of this letter is to provide responses to each of the issues and
questions raised by state and federal agencies during the field review. Each issue, or
question, and the Department's response is presented below.

Page 2
March 12, 1996
Mr. Bell
Issue (1): The NCDOT is encouraged to submit separate CAMA Major
Development permits for the separate crossings of the Chowan River and
Pembroke Creek. Furthermore, the Division of Coastal Management (DCM) is
likely to define the LAMA permit area as being "from high ground to high ground",
which means that impacts to the adjacent Reedy Point Swamp wetlands (Chowan
River crossing) and the Pembroke Creek bottomlands (Pembroke Creek crossing)
must be included in the respective CAMA permit areas.
Response: The North Carolina Department of Transportation is submitting separate
CAMA applications for the Chowan River and Pembroke Creek crossings. Each
application will address a permit area that includes wetlands which are adjacent to the
public trust `eater for which a CAMA permit is required. The application for the Chowan
River crossing will be submitted to the Washington Field Office and the Pembroke
Creek crossing to the Elizabeth City Field Office of the DCM. A separate Individual
(Section 404) Permit application will be submitted to the US Army Corps of Engineers
(COE) for the entire project (R-25 12A and R-2512B, combined).
• Question (2): Since erosion/sedimentation control standards for High Quality
Waters (HQ Ws) are being required for the project, will two tiers of sediment
curtains be used during pile installations (for the proposed Chowan River bridge) ?
Response: Erosion and sedimentation control standards for HQWs do not require two
tiers of sediment curtains.. The Department does not see any benefit to be derived from
the addition of a second curtain tier. Turbidity curtains typically do not extend to the
river bottom. When used, the curtains are removed when the eater inside the curtain
has cleared of silts. Based upon studies conducted by the Department's Roadside
Environmental Unit, very little turbidity results from pile-jetting. Therefore, the
Department does not propose to use curtains at the sites of jetting operations, but
curtains will be used at sites where sediment disturbances will occur.
• Question (3): Can the Department assure agencies that woody vegetation
outside the slope-stake lines at interchange quadrants will not be destroyed by
construction activities ? Also, can the Department avoid impacts to these woody
zones from long-term vegetation management practices ?
Response: Woody vegetation beyond the construction limits, sight distance triangles,
and vehicle recovery areas at interchange sites will be left undisturbed. The clearing
limits for the project includes an area approximately 10 feet beyond the slope-stake line.
Over time, periodic maintenance (trimming branches, etc.) will be required to maintain
sight distances to insure traffic safety.
• Question (4): Why cant the proposed construction access road for the planned
"land trestle" be located immediately north of the proposed eastbound lanes, in
lieu of the south side ? The north side of the proposed alignment will become part
of the median area, isolated between eastbound and westbound lanes.
Page 3
March 12, 1996
Mr. Bell
Response: This question has resulted in much study. and consideration by the
Department's Construction Unit. Placing the haul road between the. proposed land
trestle and existing US 17 is considered to be too risky to the safety of the motoring
public and to those involved in construction activities. To relocate the haul road to the
north side of the land trestle would require extensive use of concrete barriers and sheet
piling in an attempt to shield the work area from vehicular impacts. Although this
methodology is conceptually valid and, in fact, can be observed in practice throughout
the state on highway projects, in this instance, even if such barriers were installed, not
enough -work space would remain to safely operate cranes and other heavy equipment.
The Department is adamant about the establishment and maintenance of a safe
work zone for the public, the contractor and, of course, the Department's
employees. Consequently, it will not be possible to relocate the haul road to the
north side of the proposed alignment. The proposed haul road is a temporary
facility which will result in only minimal impacts to wetlands. None of the woody
vegetation will be grubbed and a geotechnical fabric will be laid down before any fill is
placed in the haul road footprint. To a large extent, the temporary causeway will
mitigate against subsurface compaction by insulating subsoils from forces imposed by
equipment. Following construction, the fills and underlying fabric will be removed.
Question (6): Although the NCDOT has been forced to construct the land trestle
across approximately 400 meters of floodplain wetlands on the east side of the
Chowan River (apparently due to undesirable geotechnical conditions), why can't
the NCDOT bridge the remaining portion of these high quality bottomland wetlands
(to approximately station 5+340) ?
Response: Geotechnical concerns were not the only factor which led to the decision to
bridge approximately 1,200 feet of wetlands in this area. In fact, construction of the
land trestle will cost the Department approximately 61,000,000 more than constructing
a roadway on fill. The trestle design was recommended only after considering both
geotechnical and wetland impacts. This additional bridging was viewed by the
Department as a practicable alternative to filling approximately 1,200 linear feet of
wetlands. Furthermore, it was determined to be feasible and did not compromise any
of the design teams' geometric constraints which dictate such things as maintaining the
trestle above the 10-year flood plain (Q10) and maintaining a slope line that would .
insure positive drainage from the Chowan River bridge/land trestle complex.
Unfortunately, the same cost factor can not be applied to an alternative which
extends the trestle further east. An engineering study was undertaken in an effort to
examine the feasibility of extending the trestle eastward to approximately station 4+900
(approximately 600 feet further east). The conclusion of this study is that moving the
end-bent 600 feet east would necessitate additional expenditures of 61.7 million for the
trestle extension (above the cost of a fill section), approximately 61.3 million for the
elevation of the bridge east of station 4+470 (the closest vertical curve), and 62 million
Page 4
March 12. 1996
Mr. Bell
to modify the interchange located at SR 1204. The total costs associated with this
alternative design, $5 million, do not reflect the costs of additional design effort. Only
approximately 0.6 acre of wetland would be spared from fills (approximately 1.5 acre
savings from the additional 600 linear feet of bridging minus 0.9 acre of additional
impacts associated with the expanded footprint of the fill section east of 4+900).
Furthermore, since the relocated end-bent would have to be established at a higher
elevation than the proposed roadway elevation in order to hold the structure above the
Q10 elevation and provide room for maintenance underneath the structure, the bridge
east of station 4+470 and the roadway section east of station 4+900 would have to be
- raised. Elevating the bridge structure would require larger footings, longer piles and
longer columns at an estimated cost of 31.3 million. Elevating the roadway would result
in two major consequences: (1) the interchange at SR 1204 would also have to be
elevated, resulting in an additional expenditure estimated to be S2 million, and (2) the
footprint of the elevated roadway section would impact approximately 0.9 additional acre
of wetland east of station 4+900.
This 0.6 acre net savings to wetlands would come at a cost of 58.33 million per
acre. The additional investment of tax dollars ($5 million) represents approximately 7.3
% of the total estimated construction and right of way costs of R-2512A (368.7 'million).
The cost of mitigation, estimated to be approximately $750,000 has been included in
the overall project cost.
To consider bridging to the end of the Reedy Point Swamp wetlands would
result in substantial expenditures, well above the estimated S5 million that would be
required to extend the land trestle only 600 feet, and the resultant savings in wetland
from fills would be minimal (< 3.5 acre).
The Department strongly believes that it has fulfilled its obligations under
Section 404 and its efforts to avoid and minimize impacts to wetlands to the maximum
extent practicable are clearly demonstrable. The Department voluntarily proposes to
bridge 1,200 linear feet of wetlands on the east side of the Chowan River. An
additional expenditure of $5 million to extend the land trestle approximately 600
additional feet, resulting in a wetland savings of < 1.0 acre, is not practicable.
• Question (6): why can't the NCDOT widen to the north side to avoid impacts to
higher quality wetlands, particularly at Pembroke Creek ?
Response: On the west side of the Chowan River, a subdivision and a cemetery are
located north of existing US 17. The cemetery is the subject of archaeological/historical
investigation, but is thought to be part of the Edenhouse estate; which is eligible for the
National Register of Historic Places. The location of the "eligible" property and the
subdivision, and the relatively small differences in north side vs. south side wetland
scenarios led to the selection of a south side alternative. East of the Chowan River, the
North Carolina Wildlife Resources Commission (WRC) maintains a public boat ramp on
the north side of US 17. Any "use" of this 4(f) property would have been denied by the
Page 5
March 12, 1996
Mr. Bell
Federal Highway Administration unless there was no reasonable/prudent alternative.
Given the fact that the Department owns more right of way on the south side than on
the north side, and since wetland scenarios appeared to be approximately similar (pre-
delineation estimates suggested the recommended alternative was within 2-3 acres
[out of a total of +1- 20) of the alternative which would impact the least wetlands), it was
obvious to the Department that a reasonable and prudent alternative existed---a south
side alternative. East of the WRC boat ramp, a shift to the north side could not be
accomplished before the end of the wetland area, because of the geometric limits
imposed by acceptable highway design criteria. Furthermore, the proposed service road
would have to be shifted northward. This would result in greater impacts to wetlands by
the service road. Finally, at Pembroke Creek, the last major wetland concentration, the
WRC maintains a public Game Land west of the creek on the north side of US 17. The
only recourse on the north side to impacting the Game Land was to build the additional
two lanes and median section within the existing right of way north of US 17. It was
determined that insufficient right of way existed on the north side to accommodate the
fill section which would be required. In addition, the shift to the north would occur in a
1.5 mile section of roadway which would require demolition and replacement of the
existing roadway at an additional cost of $1.5 million. This cost could be higher,
depending on the nature of the undercut encountered.
•_ Issue (7): An in-stream construction moratorium will be required for work in
Pembroke Creek. The moratorium will be in effect February 15-May 30.
Response: The Department acknowledges that no in-stream construction will be
permitted in Pembroke Creek between February 15 and May 30 of any year.
Question (8): Why can't the proposed end bent on the west side of the Chowan
River be extended further west (to approximately station 1+540) to avoid impacts
to wetlands in this area ?
Response: Simply put, extending the bridge westward to station 1-x540, a distance of
+l- 885 feet, would be very costly. Bridge surface elevations between the end-bent, at
its proposed location, and the bridge crest at the river channel have been critically
established to promote the removal of stormvrater from the bridge surface. The last
vertical curve (station 2+200), located east of the end-bent (station 1+810) at its
proposed location, provides for a minimum +0.3 % slope on the bridge surface. Th s
tangent continues to roadway station 1+650, where the slope of the roadway tangent
changes to +0.95 %. Extending the bridge west to station 1+540 and maintaining
critical elevations to insure positive drainage would require that the bridge surface be
elevated to a point east of station 2+200. This would require larger foundations, piers,
and columns that support the affected bridge spans. The cost of extending the bridge
approximately 885 feet is estimated to be approximately $2.2 million more than a fill
section, not including the additional cost of up-sizing the structural supports on the
bridge (likely to exceed $1 million), or of additional design efforts. The savings of
Page 6
March 12, 1996
Mr. Bell
approximately 2 acres of wetland would result from the additional expenditure of > $3
million. The Department strongly believes that the anticipated additional costs for such
work is not practicable. This expenditure conservatively represents between 4 and 5 %
of the total project cost (construction, right of way and mitigation costs combined).
• Question (9): If the bridge is extended west as recommended in #8, cant the .
µ proposed lateral service road through wetlands (stations 1+520 to 1+620) be
eliminated, permitting the occupants of Parcel #2 to utilize their existing driveway,
which will pass under the new bridge deck ?
Response: Constructing a service road under an extended Chowan River bridge
would necessitate raising the bridge above what would be required to merely extend the
bridge (see response #8 for discussion of bridge extension and elevation of bridge
surface). Based upon current design standards; a 15-foot vertical clearance would be
required under the bridge for a service road. This translates into a requirement to
elevate the bridge approximately 5.1 feet above the proposed road surface elevation in
order to accommodate a service road under the bridge. Obviously, this additional
elevation would translate into larger fill requirements west of the bridge section and
would result in larger impacts to adjacent properties, including wetlands lying west of
station 1+520. The costs and impacts associated with this design modification would
be impracticable.
• Issue (90): Pre-construction and post-construction surveys of the SAV zone on
the east side of the Chowan River will be required so that pre-construction
population data can be contrasted with, post-construction profiles (for mitigation
purposes).
Response: Underwater surveys, conducted during the Environmental Assessment
investigation, revealed the presence of submerged aquatic vegetation (SAVs) in the
shallows along the east shore of the Chowan River. The Department is committed to
providing reliable data on this population that will be useful in determinations of losses
due to construction activities and shading from the new bridge span. The Department
has agreed:
1. to conduct a definitive underwater survey to map the population; including
measuring population density and species composition, prior to construction
(Summer 1996) to establish a pre-construction community profile.
2. to conduct post-construction monitoring to ascertain losses, if any, that may result
from construction activities, including impacts from vertical bridge supports and
from sunken work barges.
3. to negotiate a reasonable monitoring program that is intended to elucidate a
correlation between actual population declines (if any occur) and the juxtaposition
with the new bridge; based upon an hypothesized shade-effect.
Page 7
March 12, 1996
Mr. Bell
Should the above information require clarification,
or comments arise, please contact Mr. M. Randall Turner,
Officer at [phone].
or should additional questions
Division 1 Environmental
Sincere
H. Franklin Vick, P.E., Manager
Planning & Environmental Branch
HFVJmrt
cc: Mr. B. J. O'Quinn, P.E., Planning & Environmental Branch
Mr. Scott Blevins, Design Services Unit
Mr. John Frye, P.E., Structure Design Unit
Mr. Abdul Rahmani, Hydraulics Unit
Mr. J. R. Wilder, P.E., Construction Unit
Mr. Bill Johnson, Roadside Environmental Unit
Mr. C. E. Lassiter, Jr., P.E., Division One
Mr. J. A. McInnis, Jr., P.E., Planning & Environmental Branch
Mr. M. Randall Turner, Division One
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NORTH CAROLINA DEPARTMENT OF
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DIVISION OF HIGHWAYS
PLANNING AND ENVIRONMENTAL
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BERTIE-CHOWAN COUNTIES
T. I. P. PROJECT R-2512
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BERTIE & CHOWAN COUNTIES
8.T010602 R-2512A.
REPLACEMENT OF BRIDGE NO.38 ON U.S.17 OVER
THE CHOWAN RIVER, INCLUDING ROADWAY APPROACHES
FROM 800 METERS WEST OF THE BRIDGE IN BERTIE
COUNTY TO 600 METERS EAST OF THE BRIDGE IN
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SHEET ,7 OF h: NOVEMBER 1995
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OWAN COUNTIES
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REPLACEMENT OF BRIDGE NO.38 ON U.S.17 OVER
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%'= s ;" °?'? f :. •• „?; - APPLICATION ALONG U.S. 17 BY-PASS
N.C. DEPT. OF TRANSPORTATION
' DIVISION OF HIGHWAYS
CHOWAN COUNTY
0 1000 2000 U.S. 17 BY-PASS OF EDENTON .
1:50,000
SCALE N KC71M SHEET 41 OF 6 2• OCT.,1995
WETLAND SUMMARY SHEET
SITE I STATION
T
1 1+140 to 1+320 -
2 1+623 to 1+695 -
3 1+705 to 1+800 -
4 (Surface Water -
5 (Surface Water -
6 4+202 to 4+226 0.10'
7A 4+391 to 4+900 1.482
7B 4+900 to 5+313 -
8 7+350 to 8+370 -
9 8+500 to 8+555 -
10 0+135 to 0+150 -
(Ramp C)
11 14+086 to 14+113 -
12 1+433 to 1+490 -
0+521 to 0+565
(Ramp D)
IMPACTS (acres)
orary Permanent
u ace 2 Wetland u a<
- 0.74 -
- 1.68 -
- 0.96 -
0.91' - 0.033
- - 0.153
1.01' <0.03 0.033
- 1.75 -
- 4.88 -
- 4.45 <0.013
- 0.27 -
- 0.05 -
- 0.11 -
- 1.28 -
TOTAL FILL (cu yds)
5,706
35,471
25,017
No Fills
No Fills
No Fills
19,378
29,639
52,016
2,190
1,721
22,289
45,326
Total 1 1 1.58 1 1.92 16.20 1 <0.22 238,753
Note:' Resulting from sunken barges; 2 resulting from haul road; 3 resulting from installation of
bridge supports; station numbers are metric
SHEET 5 OF 62
ADJACENT PROPERTY OWNERS
Site 1
1. Cecelia B. Sawyer
404 King Street
Windsor, NC 27983
2. J.C. Bell, Heirs
324 U.S. 13 Bypass
Windsor. NC 27983
Site 2
1. J.C. Bell. Heirs
324 U.S. 13 Bypass
Windsor, NC 27983
Site 3
1. J.C. Bell. Heirs
324 U.S. 13 Bypass
Windsor. NC 27983
Site 4
1. J.C. Bell. Heirs
324 U.S. 13 Bypass
Windsor. NC 27983
2. Thomas M. Smithwick
102-B Cypress Road
Merry Hill. NC 27957
Site 5
Chowan River (open water only)
Site 6
1. Waff Brothers. Inc.
PO Box 237
Edenton. NC 27932
2. State of North Carolina
N.C. Wildlife Resources Commission
512 N. Salisbury Street
Raleigh, NC 27604-1148
Site 7
1. Waff Brothers, Inc.
PO Box 237
Edenton. NC 27932
2. State of North Carolina
N.C. Department of ransportaticn
PO Box 25201
Raleigh, NC 27611
3. J. Ralph McFayden
Upchurch Milling & Stg. Co., Inc.
PO Box 440
Raeford. NC 28376
Site 8
1. George E. and Rita S. Jones
1103 W. Queen Street
Edenton, NC 27932
John Gilliam & John G. Wood, Jr.
PO Box 1197
Edenton, NC 27932
3. Wessie Saunders Bass
1602 W. Queen Street
Edenton. NC 27932
Site 9
1. State of North Carolina
N.C. Department of Transportation
PO Box 25201
Raleigh, NC 27611
Site 10
1. Marie R. & Alma Moye
John & Augustus Roberts (Heirs)
Emma Hall
PO Box 652
Edenton. NC 27932
2. Judy H. Adams
221 Country Club Drive
Greenville. NC 27834
Site 11
1. Parrish Farms, Inc.
410 Old Hertford Road
Edenton. NC 27932
2. Norfolk Southern Railroad
8 N. Jefferson Street
Roanoke. Va 24042
Site 12
1. William & Cherie D. Martin
106 Davenport Lane
Edenton. NC 27932
2. Champion International Corp.
Timberlands Division
PO Box 309
Roanoke Rapids. NC 27870
3. Boyce L & Deborah C. Waterfield
126 Shannonhouse Road
Edenton. NC 27932
4. Edison H. & Louise O. Norman
125 Shannonhouse Road
Edenton. NC 27932
SHEET 6 OF 62

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DIVISION OF HIGHWAYS,
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8.T010602 R-2512A...
REPLACEMENT OF BRIDGE NO.38 ON U.S.17 OVER
THE CHOWAN RIVER, INCLUDING ROADWAY APPROACHES
FROM 800 METERS WEST OF THE BRIDGE IN BERTIE
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DIVISION OF HIGHWAYS-
BERTIE & CHOWAN COUNTIES
B.T010602 R-2512A..
REPLACEMENT or BRIDGE NO.38 ON U.S.17 OVER
THE CHOWAN RIVER, INCLUDING ROADWAY APPROACHES
t FROM 800 METERS WEST OF THE BRIDGE IN BERTIE
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DIVISION OF HIGHWAYS
BERTIE & CHOWAN COUNTIES
B.T010602 R-2512A.
REPLACEMENT OF BRIDGE NO.38 ON U.S.17 OVER
THE CHOWAN RIVER, INCLUDING ROADWAY APPROACHES
FROM 800 METERS WEST OF THE BRIDGE IN BERTIE
COUNTY TO 600 METERS EAST OF THE BRIDGE IN
CHOWAN COUNTY.
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NORTH CAROLINA DEPARTMENT OF.TRANSPORTATION
1 DIVISION OF HIGHWAYS
S` BERTIE & CHOWAN COUNTIE
BERTIE & CHOWAN COUNTIES

- O 8.T010602 R-2512A.
_
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REPLACEMENT OF BRIDGE N0.30 ON U.S.17 OVER
THE CHOWAN RIVER, INCLUDING ROADWAY APPROACHES
FROM 800 METERS WEST OF THE BRIDGE IN BERTIE
COUNTY TO 600 METERS EAST OF THE BRIDGE IN
CHOWAN COUNTY.

- SCALE AS SHOWN
SHEET :?' OF -62 NOVEMBER 1995
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F- Q I NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
O / DIVISION OF HIGHWAYS

0. -1 DERTIE & CHOWAN COUNTIES
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8.T010602 R-2512A
-1 V? N REPLACEMENT OF BRIDGE NO.30 ON U.S.17 OVER
THE CHOWAN RIVER, INCLUDING ROADWAY APPROACHES
3 U1 FROM 800 METERS WEST OF THE BRIDGE IN BERTIE
???111 ( COUNTY TO 600 METERS EAST OF THE BRIDGE IN
u v CHOWAN COUNTY.
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State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary.
Roger N. Schecter, Director
LT.9; VA
10AIL
E: ? EHNR
VVAS14 REC nTD
06125197?f(? ® 9
Ms. Deborah Sawyer Q' E A
NC DEH&NR'
Division of Water Quality
P.O. Box .2188
Washington, NC 27889
REFERENCE: ACTID-97-5654 County Bertie
Applicant/Sponsor: NC Department of Transportation
Modify ACTID-94-0838 TIP No. R-2404 US 17 Over Salmon Creek
Dear Ms. Sawyer
The attached U.S. Army Corps of Engineers Public Notice,.dated
06105197 describing a federal project or permit is being circulated
to interested State agencies for comments concerning the proposal's
consistency with the North Carolina Coastal. Management Program.
Please indicate your viewpoint on the proposal and return this
form to me before 07118197.
Sin&rely,
tepleen B. Benton
Consistency Coordinator
REPLY This office objects to the project as proposed.
Comments on this project are attached.
This office supports the project proposal.
No comment.
Signed
Date
Agency
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Eaual Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID No. 199705654
PUBLIC NOTICE
REVISION/MODIFICATION
June 5, 1997
THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION (NCDOT),
DIVISION OF HIGHWAYS, Post Office Box 25201, Raleigh, North Carolina 27611-5201
has applied for a Department of the Army (DA) permit TO FILL 19.86 ACRES OF
SECTION 404 WETLANDS, DRAIN 3.17 ACRES .:OF SECTION 404 WETLANDS,
AND FILL 0.25 ACRES OF OPEN WATERS OF THE UNITED STATES ADJACENT
TO SALMON CREEK AND FOUR UNNAMED TRIBUTARIES WITHIN THE
CHOWAN RIVER BASIN. THE NCDOT PROPOSES TO WIDEN APPROXIMATELY
7 MILES OF U.S. 17, INCLUDING REPLACING THE BRIDGE OVER SALMON
CREEK, FROM S.R. 1503 EASTWARD TO APPROXIMATELY 1000 METERS
WEST OF THE CHOWAN RIVER, IN BERTIE COUNTY, NORTH CAROLINA, TIP
NOS. R-2404B AND R-2404C, STATE PROJECT NO. 6.019001T. A public notice was
issued on February 13, 1997. NCDOT has revised the proposal to:
a. DRAIN AN ADDITIONAL 8.32 ACRES OF 404 WETLANDS ADJACENT TO
THREE UNNAMED TRIBUTARIES WITHIN THE CHOWAN RIVER BASIN. The
following description of work is taken from data provided by the applicant in a letter dated
May 6, .1997. The proposed permit modification involves the anticipated zone of influence
from excavated ditches associated with the proposed highway project. The zone of influence
was mistakenly calculated from ditch depths
of 2 feet. Actual ditch depths will be 6.5 feet at certain wetland crossings which will drain
an additional 8.32 acres. NCDOT proposes to mitigate these additional impacts by restoring
16.64 acres of forested non-riverine acres at the Dismal Swamp Mitigation Site, currently
under construction in Gates and Perquimans counties.
b. DELETE THE STORAGE/DISTRIBUTION CANALS AT SALMON CREEK
FROM CONSIDERATION. The initially proposed canals would drain .47 acres of wetlands
-2-
adjacent to Salmon Creek. NCDOT initially proposed to debit 29.10 acres from the
Company Swamp Mitigation Bank (CSMB). The revised total is 24.4 acres to be debited
from CSMB.
c. INSTALL THREE 72" DIAMETER ARCH PIPES IN THE PROPOSED AND
EXISTING CAUSEWAY AT SALMON CREEK. The three arch pipes (culverts) will be
installed at locations designated by the Wildlife Resources Commission to facilitate wildlife
movement and an exchange of sheet flow across the wetland at Salmon Creek.
The applicant has determined that the proposed work is consistent with the North
Carolina Coastal Zone Management Plan and has submitted this determination to the North
Carolina Division of Coastal Management (NCDCM) for their review and concurrence. This
proposal shall be reviewed for the applicability of other actions by North Carolina agencies
such as:
a. The issuance of a Water Quality Certification under Section 401 of the Clean Water
Act by the North Carolina Division of Water Quality NCDWQ).
b. The issuance of a permit to dredge and/or fill under North Carolina General Statute
113-229 by the North Carolina Division of Coastal Management (NCDCM).
c. The issuance of a permit under the North Carolina Coastal Area Management Act
(CAMA) by the North Carolina Division of Coastal Management (NCDCM) or their
delegates.
d. The issuance of an easement to fill or otherwise occupy State-owned submerged land
under North Carolina General Statute 143-341(4), 146-6, 146-11, and 146-12 by the North
Carolina Department of Administration (NCDA) and the North Carolina Council of State.
e. The approval of an Erosion and Sedimentation Control Plan by the Land Quality
Section, North Carolina Division of Land Resources (NCDLR), pursuant to the State
Sedimentation Pollution Control Act of 1973 (NC G.S. 113 A-50-66).
The requested Department of the Army (DA) permit will be denied if any required State
or local authorization and/or certification is denied. No DA permit will be issued until a
State coordinated viewpoint is received and reviewed by this agency. Recipients of this
notice are encouraged to furnish comments on factors of concern represented by the above
agencies directly to the respective agency, with a copy furnished to the Corps of Engineers.
This public notice revision is being considered pursuant to Section 404 of the Clean
Water Act (33 U.S.C. 1344). Any person may request, in writing within the comment
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
.
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
4[4*0dakk
?EHNF=1
r?
Ms. Deborah Sawyer
NC DEH&NR
Division of Water Quality
P.O. Box 2188
Washingtcn, NC 27889
WASH MEMM
06125197 901
a Z A.
?i
REFERENCE: ACTID-97-5654 County Bertie
Applicant/Sponsor: NC Department of Transportation
Modify ACTID-94-0838 TIP No. R-2404 US 17 Over Salmon Creek
Dear Ms. Sawyer:
The attached U.S. Army Corps of Engineers Public Notice,.dated
06105197 describing a federal project or permit is being circulated
to interested State agencies for comments concerning the proposal's
consistency with the North Carolina Coastal.Management Program.
Please indicate your viewpoint on the proposal and return this
form to me before 07118197.
Sin&rely,
teplen B. Benton
Consistency Coordinator
REPLY This office objects to the project as proposed.
Comments on this project are attached.
This office supports the project proposal.
No comment.
Signed
Date
Agency
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Ecuai Opportunity Affirmative Action Employer 50%recycied/ 10% post-consumer paper
-3-
period specified in the notice, that a public hearing be held to consider this revision.
Requests for public hearing shall state, with particularity, the reasons for holding a public
hearing.
The District Engineer has consulted the latest published version of the National Register
of Historic Places for the presence or absence of registered properties, or properties listed as
being eligible for inclusion therein, and this worksite is not a registered property or property
listed as being eligible for inclusion in the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by the District Engineer, and he is
otherwise unaware of the presence of such resources. Presently, unknown archeological,
scientific, prehistorical, or historical data may be lost or destroyed by work under the
requested permit.
The District Engineer, based on available information, is not aware that the proposed
activity will affect species, or their critical habitat, designated as endangered or threatened
pursuant to the Endangered Species Act of 1973.
The decision whether to issue a permit will be based on an evaluation of the probable
impacts, including cumulative impacts, of the proposed activity and its intended use on the
public interest. Evaluation of the probable impacts which the proposed activity may have on
the public interest requires a careful weighing of all those factors which become relevant in
each particular case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. The decision
whether to authorize a proposal, and if so the conditions under which it will be allowed to
occur, are therefore determined by the outcome of the general balancing process. That
decision should reflect the national concern for both protection and utilization of important
resources. All factors which may be relevant to the proposal must be considered including
the cumulative effects thereof. Among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards and
flood plain values (in accordance with Executive Order 11988), land use, navigation, shore
erosion and accretion, recreation, water supply and conservation, water quality, energy
needs, safety, food and fiber production, mineral needs, considerations of property
ownership, and, in general, the needs and welfare of the people. For activities involving the
placement of dredged or fill materials in waters of the United States, a permit will be denied
if the discharge that would be authorized by such permit would not comply with the
Environmental Protection Agencies' 404(b)(1) guidelines. Subject to the preceding sentence
and any other applicable guidelines or criteria, a permit will be granted unless the District
Engineer determines that it would be contrary to the public interest.
The Corps of Engineers is soliciting comments from the public; Federal, State and local
agencies and officials; Indian Tribes and other interested parties in order to consider and
-4-
evaluate the impacts of this proposed activity. Any comments received will be considered by
the Corps of Engineers to determine whether to issue, modify, condition or deny a permit for
this proposal. To make this decision, comments are used to assess impacts on endangered
species, historic properties, water quality, general environmental effects and the other public
interest factors listed above. Comments are used in the preparation of an Environmental
Assessment (EA) and/or an Environmental Impact Statement (EIS) pursuant to the National
Environmental Policy Act (NEPA). Comments are also used to determine the need for a
public hearing and to determine the overall public, interest of the proposed activity.
Generally, the decision whether to issue this Department of the Army (DA) permit will
not be made until the North Carolina Division of Water Quality (NCDWQ) issues, denies, or
waives State certification required by Section 401 of the Clean Water Act. The NCDWQ
considers whether or not the proposed activity will comply with Sections 301, 302, 306, and
307 of the Clean Water Act. The application and this public notice for the DA permit serves
as application to the NCDWQ for certification.
Additional information regarding the Clean Water Act certification may be reviewed
at the offices of the Environmental Operations Section, North Carolina Division of Water
Quality (NCDWQ), Salisbury Street, Archdale Building, Raleigh, North Carolina. Copies
of such materials will be furnished to any person requesting copies upon payment of
reproduction costs.
All persons desiring to make comments regarding the application for Clean Water Act
certification should do so in writing delivered to the North Carolina Division of Water
Quality (NCDWQ), Post Office Box 27687, Raleigh, North Carolina 27611-7687, on or
before June 20, 1997, Attention: Mr. John Dorney.
Written comments pertinent to the proposed work, as outlined above, will be
received in this office, Attention: Michael F. Bell, Washington Regulatory Field
Office, Post Office Box 1000, Washington, North Carolina 27889-1000, until 4:15 p.m.,
June 20, 1997, or telephone [phone], extension 26.
Action ID No. 199705654 June 5, 1997
APPLICANT: North Carolina Department of Transportation
Proposed Revision: THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
(NCDOT), DIVISION OF HIGHWAYS, Post Office Box 25201, Raleigh, North Carolina
27611-5201 has applied for a Department of the Army (DA) permit TO FILL 19.86 ACRES
OF SECTION 404 WETLANDS, DRAIN 3.17 ACRES OF SECTION 404 WETLANDS,
AND FILL 0.25 ACRES OF OPEN WATERS OF THE UNITED STATES ADJACENT
TO SALMON CREEK AND FOUR UNNAMED TRIBUTARIES WITHIN THE
CHOWAN RIVER BASIN. THE NCDOT PROPOSES TO WIDEN APPROXIMATELY
7 MILES OF U.S. 17, INCLUDING REPLACING THE BRIDGE OVER SALMON
CREEK, FROM S.R. 1503 EASTWARD TO APPROXIMATELY 1000 METERS WEST
OF THE CHOWAN RIVER, IN BERTIE COUNTY, NORTH CAROLINA, TIP NOS.
R-2404B AND R-2404C, STATE PROJECT NO. 6.019001T. A public notice was issued
on February 13, 1997. NCDOT has revised the proposal to:
a. DRAIN AN ADDITIONAL 8.32 ACRES OF 404 WETLANDS ADJACENT TO
THREE UNNAMED TRIBUTARIES WITHIN THE CHOWAN RIVER BASIN. The
following description of work is taken from data provided by the applicant in a letter dated
May 6, 1997. The proposed_ permit modification involves the anticipated zone of influence
from excavated ditches associated with the proposed highway project. The zone of influence
was mistakenly calculated from ditch depths of 2 feet. Actual ditch depths will be 6.5 feet
at certain wetland crossings which will drain an additional 8.32 acres. NCDOT proposes to
mitigate these additional impacts by restoring 16.64 acres of forested non-riverine acres at
the Dismal Swamp Mitigation Site, currently under construction in Gates and Perquimans
counties.
b. DELETE THE STORAGE/DISTRIBUTION CANALS AT SALMON CREEK
FROM CONSIDERATION. The initially proposed canals would drain .47 acres of wetlands
adjacent to Salmon Creek. NCDOT initially proposed to debit 29.10 acres from the
Company Swamp Mitigation Bank (CSMB). The revised total is 24.4 acres to be debited
from CSMB.
c. INSTALL THREE 72" DIAMETER ARCH PIPES IN THE PROPOSED AND
EXISTING CAUSEWAY AT SALMON CREEK. The three arch pipes (culverts) will be
installed at locations designated by the Wildlife Resources Commission to facilitate wildlife
movement and an exchange of sheet flow across the wetland at Salmon Creek.