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19990817 Ver 1_Complete File_19990716
State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director A ?? NCDENR September 2, 1999 Dare and Hyde Counties DWQ Project # 990817 APPROVAL of 401 Water Quality Certification Mr. William Gilmore, P.E., Manager Project Development and Environmental Analysis North Carolina Department of Transportation PO Box 25201 Raleigh NC 27611-2501 Re: Guardrail improvement project for US 264 from Manns Harbor to West of Englehard in Dare and Hyde Counties, Federal Aid Project No. STP-264(10), State Project No. 8. 1051901, COE Action ID 199910390TIP No. R-3838 and R-3839. Dear Mr. Gilmore: You have our approval, in accordance with the attached conditions and those listed below, to place fill material in 3.0 acres of wetlands for the purpose of constructing the above referenced project. The proposed project should be constructed as described in your application dated July 20, 1999. After reviewing your application, it is our determination that your proposed activities are covered by General Water Quality Certification Number 3197. Certification 3197 corresponds to Nationwide Permit Number 23 issued by the Corps of Engineers. Prior to initiating any work in jurisdictional areas you should obtain the necessary permit(s) from the Corps of Engineers as well as any other federal, state or local permits, including (but not necessarily limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval will expire when the accompanying 404 permit expires, unless otherwise specified in the General Certification. This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change, you must notify the DWQ and submit a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all the conditions. Since the proposed fill will be placed in greater than one acre of jurisdictional wetlands, compensatory mitigation is required as described in 15A NCAC 2H .0506 (h) (6) and (7). ). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. Based on the information provided in your July 20, 1999, 6 acres of mitigation for impacts to jurisdictional wetlands is required for the proposed project. We understand that you have chosen to purchase 6 acres in wetland credits from the Scuppernong River Corridor Wetland Mitigation Bank. No work within waters or wetlands are authorized by this permit until the bank sponsor has verified that payment has been made in accordance with Condition A in the 404 permit issued by the Corps of Engineers for this project. P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/ 100, post-consumer paper 10 If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition that conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 217447, Raleigh, N.C. 27611-7=147. This certification and its conditions are final and bindin,T unless you ask for a hearing. If you have any questions, please contact John Dorney at 919-733-9646. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Washington Field Office Washington DWQ Regional Office Central Files Sincerely. 1 e T. Steve V CAncdotmP R-3838\wgc`.990817wgc.doc e f SLA4 y ?- STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. DAVID McCOY GOVENOR SECRETARY July 20, 1999 John Hennessy, Highway Projects Coordinator N. C. Department of Environment. And Natural Resources Division of Water Quality Environmental Sciences Branch 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Dear Mr. Hennessy, } SUBJECT: Section 401 water Quality Certification for the proposed safety improvements to US 264 from Mann's Harbor to Engelhard, Dare and Hyde Counties; TIP Nos. R- 3838 & R-3839; State Project No.. 8.1051901; Federal Aid Project No. STP- 264(10) The Department has recently applied to the Division of Coastal Management for a CAMA Major Development permit for the subject project. A copy of that application and related exhibits, as well as a check in the amount of 5200.00 for the Section 401 Water Quality Permit application is enclosed. The Department has also received approval from the U SACE for this project. A copy of the Nationwide Permit issued by the USACE is included for reference. Your assistance in expediting the issuance of the 401 certification for this project will be appreciated. Thank you for your assistance with this matter. Please call me if you have any questions or concerns. Sincerely, D. R. Conner, P. E. Division Engineer-Division One T. Lindsey Riddick, Jr. Division Environmental Officer-Division One CC: M. R. Turner P. O. Box 850 Edenton, NC 27932 (252) 482-7977 FAX: (252) 4S2-8722 N N n Z N Z R7 Q CL cc z 0 Q Q z J CL 0 0 [ n 0 . Q cn U ZQ sa: 0 0 LL Z 0 LL Z O LU w? I- Q cn a W e'•1 tD W Z U ? O O Z ? W U_ W OQ > p Z W CC U_ W Om > zz -z Q W W U D p O G T LL U ? O ? o? O 0 LO Q) \ 00 N \ O N N f*l e-i co N 0 rn co N \ O 1 r 0 0 LO r- O .ti ? Q O H N N M LO Z N Z N Q ? 2 to In '.oeG uo spejap -sa"Eloj .GWUBg Ce C, N 0 Z 0 Z Jac H Q1 G,Ot? 00 aN 44 LO N o0 UZ W>CU ?¢ CC F- 0PQ LL Z0 00z U. Z H 0 M • h w Ha.z W Q > W m w h - 0a w ? I I o ? ? Iv ? .a ? w N_ G V' ?IQ W CN N O I l O O O .a l Ir Ln O .a rm co Ln tD O '-i ru " w rU c7 ? t? N 0)- co rn e ?D U to w wr=> O e N S L" O W Lli _ -,¢ CG W ZT w © W Z .1 c r o W m N L ? Q rU F- Z W OWOLL cn l< r- r- = w o a s..? 51 J4 v STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. DAVID N1cCOY GOVERNOR SECRETARY June'-'-I, 1999 North Carolina Department of Environment and Natural Resources Division of Coastal Management Hestron Plaza II 151-B Highway 24 Morehead City. North Carolina 28557 ATTENTION: Mr. Charles Jones. Asst. Director SUBJECT: CANIA Major Development Permit Application for the Proposed Safety Upgrade of US 264 between Gateway and Engelhard; TIP Nos. R-3838 (Dare County) and R-3839 (Hyde County); State Project No. 8.1051901; Federal Aid Project No. STP-264(10) The Department of Transportation (Department) proposes to undertake safety improvements to US 264 from Gateway, near Manns Harbor, to Engelhard. The proposed work includes widening of shoulders on both sides o -.,:'the roadway, the addition of 2 feet of asphalt pavement on either side of roadway and the installation of metal guardrail between the canal and roadway. The pavement has already been expanded between Stumpy Point and Gateway, hence the proposed improvements in this section of roadway will be limited to shoulder enhancement on the side of the roadway adjacent to the canal only, and installation of guardrail in the improved shoulder zone. These improvements will result in 22 feet of pavement (10-ft wide travel lanes and 1-ft wide paved shoulders) in lieu of 18 feet of pavement on the existing roadway. Following completion of the proposed safety upgrades. the highway- will receive a uniform overlay of asphalt. As suggested above, the section of the project between Gateway and Stumpy Point will not involve impacts to wetlands. waters or other jurisdictional resources. All work will be limited to high ground within the existing right of way. Consequently, this application and all relevant documentation relates specifically to the proposed improvements between Stumpy Point and Engelhard. The Department has gone to great lengths in its planning and design efforts to ensure that the proposed improvements will result in only minimal impacts to natural systems including wetlands and the roadside canal. Proposed shoulder dimensions will be 5-6 P.O. Box 850, Edenton, NC 27932 (252) 482.7977 Fax: (252) 482-3826 . Page 2 June 24, 1999 Charles Jones feet in width, including 1 foot of pavement on either side of roadway. This represents the narrowest shoulder dimension permissible for guardrail sections. The proposed improvements will impact Public Trust Waters at 6 different sites, including 3 sites between Stumpy Point and Long Shoal River, and 3 sites between Long Shoal River and Engelhard. You will note from the enclosed cross-sections that the encroachments into the canal at each impact site will be relatively minor in terms of reduction of canal surface water. The proposed roadway improvements will not preclude traditional Public Trust access to the canal. Wetland impacts are limited to narrow (from < 1' to Y widths) linear strips immediately adjacent to the existing toe of the roadway. As discussed with your staff previously, precise quantification of the impacts would require a massive location/survey effort. The Department measured impacts at more than 300 sample transects selected at random between Stumpy Point and Engelhard. Only 41 of the measured transects actually indicated that impacts to the wetland fringe would probably occur, resulting in encroachments into the wetland fringe at the toe of the existing fill slope. In every instance, the projected impacts will ranging between a few inches to less than 2 feet in width. Furthermore, all of the 41 transects which confirmed the likelihood of impacts to wetlands are located within 15 miles of Engelhard. As a result of these data, and in the absence of "hard" quantifications, the Department is comfortable with overstating wetland impacts as 3.0 acres. This is done in order to assure the regulatory agencies that the Department is willing to place a proper value on an important resource. The Department estimates that no more than half of the impacts will involve areas dominated by coastal wetland species. Note that if you examine the 3.0 acre value you will find that it represents a theoretical impact area equivalent to a 3.0-foot wide X 25-mile long strip of land. The U.S. Army Corps of Engineers (USACE) concurred with this approach to providing a fair, but overstatement of wetland impacts. The USACE recently approved the Department's proposed action under Nationwide 23, conditioned on the Department's purchase of 6 credits (acre-equivalents) from a commercial wetland mitigation bank in Tyrrell County. It is hoped that the Division of Coastal Management will concur with the proposed mitigation. However, the Department is prepared to discuss the matter further. In addition to the proposed roadway improvements described above, the Department has identified two culvert crossings in Hyde County, which will require modifications prior to the final resurfacing of US 264. One of the sites is located +/- 4.5 (road) miles south of Long Shoal River. Culverts which discharge water from the pumping station are badly corroded. The second site is located /- 1.6 miles south of the pumping station. The existing pipe culverts at this second site are corroded, but will not be removed or replaced. Instead, since it has been determined that hydraulic conveyance is not required at this site, the old pipes will be filled by pumping them full of a concrete material. Page 3 June 24, 1999 Charles Jones The enclosed application forms (NIP-1. MP-2, NIP-3 and MP-S), vicinity maps, site plans and cross-sections, as well as a check for S250.00, copies of letters and forms sent to adjacent riparian landowners, and a copy of the USACE Section 404 authorization is enclosed for your review and consideration. Green cards confirming receipt of letters/forms by the adjacent riparian landowners will be forwarded to your Washington District Office when they are received. In order to facilitate the processing and review of this application package, the Department assumes that the Washington District will be the designated regulatory office for the project. Please advise me if you decided to handle the project differently. Your, assistance in expediting issuance of public notice, agency notifications and completion of bio-reports will be appreciated. There is a growing urgency that the proposal be approved at the earliest opportunity. I will keep you informed of developments in that regard. This office will assist your Raleigh permit staff in any way deemed appropriate in order to encourage review/commenting agencies to remit timely comments. Please call me should you have any questions or comments. Lindsey Riddick, the new Division 1 Environmental Officer will be assigned the project following acceptance of the application by your Washington District office. Lindsey can be reached at this office. Thank you for your time an d cooperation. Sincerely. zzM. Randall Turner. Senior Environmental Officer 770 r,,11 I Project Development & Environmental Analysis Branch Enclosures Cc: T. Lindsey Riddick, Jr., Division Environmental Officer, NCDOT D. R. Conner, P.E., Division Engineer, NCDOT William D. Gilmore, P.E., PD&EA Branch Manager, NCDOT Michael F. Bell, P.W.S., Regulatory Manager, USACE Terry E. Moore, District Manager, NCDCM Page 3 June 24, 1999 Charles Jones The enclosed application forms (MP-1. MP-2, MP-3 and MP-5), vicinity maps. site plans and cross-sections. as well as a check for $20.00, copies of letters and forms sent to adjacent riparian landowners. and a copy of the USACE Section 404 authorization is enclosed for your review and consideration. Green cards confirming receipt of letters/forms by the adjacent riparian landowners will be forwarded to your Washington District Office when they are received. In order to facilitate the processing and review of this application package, the Department assumes that the Washington District will be the designated regulatory office for the project. Please advise me if you decided to handle the project differently. Your assistance in expediting issuance of public notice, agency notifications and completion of bio-reports will be appreciated. There is a growing urgency that the proposal be approved at the earliest opportunity. I will keep you informed of developments in that regard. This office will assist your Raleigh permit staff in any way deemed appropriate in order to encourage review/commenting agencies to remit timely comments. Please call me should you have any questions or comments. Lindsey Riddick, the new Division 1 Environmental Officer will be assigned the project following acceptance of the application by your Washington District office. Lindsey can be reached at this office. Thank you for your time and cooperation. Sincerelv. M. Randall Turner, Senior Environmental Officer Project Development & Environmental Analysis Branch Enclosures Cc: T. Lindsey Riddick, Jr., Division Environmental Officer, NCDOT D. R. Conner. P.E., Division Engineer, NCDOT William D. Gilmore. P.E.. PDREA Branch Manager, NCDOT Michael F. Bell. P.W.S., Regulatory Manager, USACE Terry E. Moore. District Manager, NCDCM Page 3 June 24, 1999 Charles Jones The enclosed application forms (MP-1, MP-2, '110-3 and MP-5), vicinity maps. site plans and cross-sections, as well as a check for $250.00, copies of letters and forms sent to adjacent riparian landowners, and a copy of the USACE Section 404 authorization is enclosed for your review and consideration. Green cards confirming receipt of letters/forms by the adjacent riparian landowners will be forwarded to your Washington District Office when they are received. In order to facilitate the processing and review of this application package, the Department assumes that the Washington District will be the designated regulatory office for the project. Please advise me if you decided to handle the project differently. Your . assistance in expediting issuance of public notice, agency notifications and completion of bio-reports will be appreciated. There is a growing urgency- that the proposal be approved at the earliest opportunity. I will keep you informed of developments in that regard. This office will assist your Raleigh permit staff in any way deemed appropriate in order to encourage review/commenting agencies to remit timely comments. Please call me should you have any questions or comments. Lindsey Riddick, the new Division 1 Environmental Officer will be assigned the project following acceptance of the application by your Washington District office. Lindsey can be reached at this office. Thank you for your time and cooperation. Sincerely. M. Randall Tumer. Senior Environmental Officer Project Development & Environmental .-knalysis Branch Enclosures Cc: T. Lindsey Riddick, Jr., Division Environmental Officer. NCDOT D. R. Conner, P.E., Division Engineer, NCDOT William D. Gilmore. P.E., PD&EA Branch Manager, NCDOT Michael F. Bell, P.W.S., Regulatory Manager, USACE Terry E. Moore, District Manager. NCDCN1 Form DCM-INIP-1 APPLffCATffON (To be completed by all applicants) 1. APPLICANT a. Landowner: Name N. C. Department of Transportation Address P.O. Box 850 City Edenton State N.C. Zip 27932 Day Phone (252) 482-7977 Fax (252) 482-8722 b. Authorized Agent: NameM.Randall Turner, SeniorEnvirotunental Officer Address P.O. Box 850 City Edenton Zip 27932 Day Phone (919) 482-7977 Fax (919)482-8722 c. Project name (if any) Safety Improvements to US 264 (R-3838 and R-3839) NOTE: Permit will be issued in name of landowner(s), and/or project name. 2. LOCATION OF PROPOSED PROJECT State N.C. b. City, town, community or landmark Stumpy Point. Engelhard c. Street address or secondary road number US 264 d. Is proposed work within city limits or planning jurisdiction? Yes X No e. Name of body of water nearest project (e.g. river, creek, sound, bay) Pamlico Sound, Stumpy Point Bav. Long Shoal River. Waupopin Creek 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. Improve (widen) road shoulders: add 2 feet of pavement to each side of roadway: add metal guardrail wherever canal occurs 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 needed, please attach additional pages. Purpose: To prevent fatalities from drownim! of vehicular occupants in canal; USE: Public transportation; METHODS OF CONSTRUC ION: Standard roadway Kadin and guardrail installation methods; DAILY OPERATIONS: Convevance of vehicular traffic a. County Dare and Hvde (Stumpy Point to Engelhard) Form DCINI-INIP-1 P , A L ? P T'ATaON (To be completed by all applicants) b. City. town, community or landmark 1. APPLICANT Stumpy Point. Engelhard a. Landowner: Name N. C. Department of Transportation Address P.O. Box 850 City Edenton State N.C. Zip 27932 Day Phone (252) 482-7977 Fax (252)482-8722 b. Authorized Agent: NameM.Randall Turner. SeniorEnvironmental Officer Address P.O. Box 850 City Edenton State N.C. Zip 27932 Day Phone (919) 482-7977 Fax (919) 482-8722 c. Project name (if any) Safetv Improvements to US 264 (R-3838 and R-3839) NOTE: Permit will be issued in name of landowner(s). and/or project name. 2. LOCATION OF PROPOSED PROJECT c. Street address or secondary road number US 264 d. Is proposed work within city limits or planning jurisdiction? Yes X No e. Name of body of water nearest project (e.g. river, creek. sound, bay) Pamlico Sound. Stumpy Point Bay, Long Shoal River. Waupopin Creek 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and, or filling activities. Improve (widen) road shoulders: add 2 feet of pavement to each side of roadway: add metal guardrail wherever canal occurs 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 needed, please attach additional pages. Purpose: To prevent fatalities from drowning of vehicular occupants in canal; USE: Public transportation: NfETHODS OF CONSTRUC ION: Standard roadway grading and guardrail installation methods: DAILY OPERATIONS: Convevance of vehicular traffic a. County Dare and Hyde (Stumpy Point to Engelhard) Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract N/A b. Size of individual lot(s) N/A c. Approximate elevation of tract above N1HW or NWL +/- 2-5 feet above N'YVL d. Soil type(s) and texture(s) of tract varies but most all soils in construction zone from borrow pits e. Vegetation on tract varies but mostly herbaceous. includes coastal species (Tvpha, Cladium. Spartina) in areas f. Man-made features now on tract US 264, canal g. What is the CAMA Land Use Plan land classification of the site? (Consult the local land use plan.) Dare Conservation Transitional Developed Dare Community Hvde Rural Other h. How is the tract zoned by local government? N/A i. Is the proposed project consistent with the applicable zoning? X Yes No (Attach zoning compliance certificate, if applicable) j. Has a professional archaeological assessment been done for the tract? X Yes No If yes, by whom? DOT Archaeologists & SHPO 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 1. Are there wetlands on the site? X Yes _ No Coastal (marsh) X Other X If yes, has a delineation been conducted? No (Attach documentation, if available) m. Describe existing wastewater treatment facilities. n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial commercial effluent, "wash down" and residential discharges.) Surface run-off from roadway and shoulders o. Describe existing drinking water supply source. N/A 5. ADDITIONAL LN-FORMATION In addition to the completed application form, the following items must be submitted: ® A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims tide, plus written permission from the owner to carry out the project. O An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale in black ink on an 8 1/2" by 11" white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue-line prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the site. Include highway or secondary road (SR) numbers, landmarks, and the like. OA Stormwater Certification, if one is necessary. ®A list of the names and complete addresses of the adjacent waterfront (riparian) lando`vners and signed return receipts as proof that such owners 1,nva ,. n;.,P.t n rnnv of the annlication and Alats Form DCM4v1P-1 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. (See Attached Page) Name Address Phone Name Address Phone Name Address Phone v A list of previous state or federal permits issued for work on the project tract. Include permit numbers. permittee, and issuing dates. N/A o A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. o A signed AEC hazard notice for projects in oceanfront and inlet areas. O A statement -of compliance «4th the N.C. Environmental Policy Act (N.C.G.S. 113A - 1 to 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 6. CERTIFICATION AND PEPNYUSSION TO ENTER ON LAND I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to conditions and restrictions contained in the permit. approved Coastal Management Program and will be conducted in a manner consistent with such program. I certif%- that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. This is the 24th day of June , 1999 Print Name NI.Randall Turner. Senior Envir. Officer Sianature Landowrer or.4whori_-ed Agent Please indicate attachments pertaining to your proposed project. 1 DCM MP-2 Excavation and Fill Information Y DCM MP-3 Upland Development DCM MP-4 Structures Information Y DCM MP-5 Bridges and Culverts DCM MP-6 Marina Development NOTE: Please sign and date each attachment in the space provided at the bottom of each form. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's V Supplement to NIP-1, 5. LIST OF ADJACENT RIPARIAN LANDOWNERS Item Riparian Landowner Address Project 1. Mattamaskeet Hunt Club P.O. Box 2066 R-3839 Greenville, NC 27836 2. C. Gilbert Gibbs P.O. Box 39 R-3839 Engelhard, NC 27824 3. Calvin Blythe Davis Route 1, Box 157A.A R-3839 Swan Quarter, NC 27885 4. Pamlico-Eco Management 5172 Blulaschi Drive R-3839 Powder Springs. GA 30073 5. U.S. Dept. of Interior P.O. Box 1969 R-3838 Manteo, NC 27954 6. Rich, Rich & Rich 1468 Carolina Avenue R-3838 Washington, NC 27889 7. Paynor Leverne Twiford P.O. Box 45 R-3838 Stumpy Point, NC 27978 Riparian Site Pump Station Culverts Pump Station Culverts Cross Pipes Canal Impact Site B Canal Impact Site A Pump Station Culverts Cross Pipes Canal Impact Sites A, B, C Canal Impact Site C Canal Impact Site C Form DCNI-NIP-2 IE?cCAVV ATION AND ]FALL (Except bridges and culverts) Attach this form to Joint Application for CA--\Lk Nlajor Permit, Form DCNI-MP-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 Emsting Project Length Width Depth Depth Access channel (MLW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other 4,300' /- 6' =!- 1.6' (Excluding shoreline stabilization) 1. EXCAVATION N/A a. Amount of material to be excavated from below MHW or NIN-L 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. High ground excavation in cubic yards 2. DISPOSAL OF EXCAVATED N/A NL-kTERIAL 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. Will a disposal area be available for future maintenance? Yes No If ves, where? Form DCM-iIMP-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 N/A a. Type of shoreline stabilization Bulkhead Riprap b. Length c. Average distance water-ward of MHW or NWL d. Maximum distance water-ward of MHW or NWL e. Shoreline erosion during preceding 12 months (Source of information) f. Type of bulkhead or riprap material 9. Amount of fill in cubic yards to water level (1) Riprap (2) Bulkhead baclcfill h. Type of fill material i. Source of fill material 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? X Yes No be placed below If Yes, (1) Amount of material to be placed in the water +/- 270 cubic yards Class VII granite stone (up to 3' diameter) (2) Dimensions of fill area varies in each of the 6 impact areas (3) Purpose of fill expansion of roadway fill slope b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? X Yes No If ves, (1) Dimensions of fill area (up to) 3 acres 1-3 ft NNide X (up to) 25 miles long (2) Purpose of fill roadwav fill slopes 5. GENERAL. a. How will excavated or fill material be kept on site and erosion controlled? Silt fencin- and use of best management practices b. What n-pe of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? Backhoe motor grader. farm tractor. dump trucks c. Will wetlands be crossed in transporting equipment to proiect site? Yes X No If yes. explain steps that will be taken to lessen environmental impacts. NI.Randall Turner. Senior Environmental Officer Applicant or Pro'ect Name Siznature June 24. 1999 Date Form DCINI-NIP-3 UILDILAND DEVELOPMENT (Construction and/or land disturbing activities) Attach this form to Joint Application for C.A.MA Major Permit, Form DCM-;VIP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. a. Type and number of buildings, facilities, units or structures proposed expansion of roadway shoulders. including 4 ft of pavement + guardrail b. Number of lots or parcels N/A c. Density (give the number of residential units and the units per acre) N/A d. Size of area to be graded, filled or disturbed including roads, ditches, etc. +i- 91.6 acres (25.2 miles Y 30 feet of disturbance) e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land disturbing activin- begins. If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? Yes X* No If yes, date submitted *NCDOT is self-regulating by delegation from DLQ f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for paved surfaces. Asphalt Give the percentage of the tract within 7: feet of MHW or NWL, or within 575 feet in the case of an Outstanding Resource Water, to be covered by impervious and/or built-upon surfaces, such as pavement, buildings, rooftops, or to be used for vehicular driveways or parking. +/- 18.3 % h. Projects that require a C.A.MA Major Development Permit may also require a Stormwater Certification. Has a site development plan been submitted to the Division of Environ-mental Management for review? Yes X No If yes, date submitted i. Describe proposed method of sewage disposal. N/A j. Have the facilities described received state or local approval? ,Arrach appropriare docunentarion) in Item i. above N/A k. Describe location and type of proposed discharges to waters of the state (for example, surface runoff, sanitary wastewater. industrial/commercial effluent, "wash down" and residential discharges). Surface runoff from roadway surfaces 1. Describe proposed drinking water supply source (e.g. well. commun:ry, public system, etc.) N/A m. Will water be impounded? Yes X No If yes, how many acres? n. If the project is an oceanfront development, when was the lot(s) plattei and recorded? N/A M.Randall Turner. Senior Environmental Officer .applicant Project Fame gib azure June 24. 1999 Date Form DCNI-MP-5 lD'3 R I D G 11 O-,S A N D CULVERTS Attach this form to Joint Application for CA.NIA Major i Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. J 1. BRIDGES N/A a. Public Private b. Type of bridge (construction material) c. Water body to be crossed by bridge d. Water depth at the proposed crossing at MLW or NWL e. Will proposed bridge replace an existing bridge? Yes No If Yes, (1) Length of existing bridge (2) Width of existing bridge (3) Navigation clearance underneath existing bridge (4) Will all, or a part of, the existing bridge be removed? (Explain) f. Will proposed bridge replace an existing culvert(s)? Yes No es, If Y- (1) Length of existing culvert (2) Width of existing culvert (3) Height of the top of the existing culvert above the MHW or N«'L (4) Will all, or a part of, the existing culvert be removed? (Explain) g. Length of proposed bridge h. Width of proposed bridge Height of proposed bridge above wetlands Will the proposed bridge affect existing water flow? Yes No If yes. explain k. Navigation clearance underneath proposed bridge 1. Will the proposed bridge affect navigation by reducir.J or increasing the existing navigable opening? Yes No If yes, explain m. Will the proposed bridge cross wetlands containing no navigable waters? Yes No If yes, explain n. Have you contacted the U.S. Coast Guard conce..ing their approval? Yes No If yes. please provide record of their action. 2. CULVERTS a. Water body in which culvert is to be placed canal tributarv to Lone Shoal River b. Number of culverts proposed 2 c. Type of culvert (construction material, style) corrugated aluminum pipe (43") d Will proposed culvert replace an existing bridge? Yes Y No if yes. (1) Length of existing bridge Form DCM-INIP-5 (2) Width of existing bridge (3) Navigation clearance underneath existinJ bridge (4) Will all, or a part of, the existing bridge be removed? (Explain) e. Will proposed culvert replace an existing culvert? X Yes No If Yes, (1) Length of existing, culvert 40 +/- 72' (2) Width of existing culvert 4a 48" (3) Height of the top of the existing culvert above the N1HW or NWL +/-02-0.8' above NINT (4) Will all, or a part of, the existing culvert be removed? (Explain) All -i existing culverts will be removed and replaced with 2 pipes f. Length of proposed culvert 2Q +/- 33' g. Width of proposed culvert 20 43" h. Height of the top of the proposed culvert above the MHW or NWL + /- 0.3' i. Will the proposed culvert affect existing water flow? X Yes No If yes, explain flows will be accelerated through two pipes in lieu of four j. Will the proposed culvert affect existing navigation potential? - Yes X No If yes, explain 3. EXCAVATION AND FILL a. Will the placement of the proposed bridge or culvea require any excavation below the NIHW or N-WL? X Yes No If yes, (1) Length of area to be excavated +/- 60' (2) Width of area to be excavated 1-221 (3) Depth of area to be excavated --1-3.91 (4) Amount of material to be excavated in cubic yards +/- 200 cubic vards (1) Length of area to be excavated (2) Width of area to be excavated (3) Amount of material :o be excavated in cubic yards c. Will the placement of the proposed bridge or culvert require any highgound excavation? X Yes No If yes. (1) . Length of area to be excavated +/- 60' (2) Width of area to be excavated -/- 22 (3) Amount of material :o be excavated in cubic vards +/- 200 cubic vards If the placement of the bridge or culvert involves any exzavauon, please complete the following: (1) Location of the spoil disposal area at least half material to be used as back- fill ... remainder to be wasted at site to be identified in the future * (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 he owner. (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 X No If yes, give dimensions if different from (2) above. (6) Does the disposal area include any area below he MH«' or N-WL' Yes X No If yes, give dimension if different from No. 2 above. " See Attachment for (2) through (6) -. Will the placement of the croposed bridge or culvert result in any rill (other than excavated material descr.`ced in Item d. above) to be placed below ]iMV or ''L' X Yes No If yes. (1) Length of area to be filled +/- 60' (2) Width of area to be :filled +/- 22' (3) Purpose of fill clean backfill for culverts b. Will the placement of the proposed bridge or culvert :. Will e placement of the proposed bridge or culvert require any excavation within:- No result in any till (other than excavated material .,,...,....a- CA V, n.ti„r w??i?? ?dPt??,zd in Item d. above) to be placed within: No Form DCIN1-INIP-S (1) (2) (3) a 4. GENERAL a. Will the proposed project involve any mitigation' X Yes No If yes, explain in detail 6 acres (2:1 ratio) is being Purchased from Tvrrell County wetland mitigation bank b. Will the proposed project require the relocation of any existing utility lines? Yes X No If yes, explain in detail 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 requir_ any work channels? Yes X No If yes, complete Form DChI-MP-2 Note: Coffer dam (impervious dike) will be installed to dewater site prior to excavation, etc. (see site drawings) e. How will excavated or fill material be kept on site and erosion controlled? Implementation of NCDOT's best management practices f. What type of construction equipment will be used (for example, dragline, backhoe or hydraulic Length of area to be filled Width of area to be filled Purpose of fill Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d. above) to be placed on highground? X Yes No If yes, (1) Length of area to be filled - 60' (2) Width of area to be filled - '- 22' (3) Purpose of fill backfill for culverts g. Will wetlands be crossed in transporting equipment to project site? Yes X No If yes, explain steps that will be taken to lessen environmental impacts. h. Will ;he placement of the proposed bridge or culvert require any shoreline stabilization? X Yes No If yes. explain in detail Class B (up to 12" diameter) granite rip rap will be installed along adjacent shoreline and as lining of portion of canal bottom to prevent erosion during discharges from pumpirL station M.Randall Turner, Senior Environmental Officer Applicant or oject Name i i e June 24. 1999 Date DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS =o. BCX 18.0 WILMINGTON. NCRTH CARCUNA 284C2•'890 :N REPLY REF E,-70 Jure 11, 1999 Regulatory Division Subject: Action ID No. 199910390 and Nationwide Permit .No. 23 (Approved Categorical Exclusions) Mr. William D. Gilmore. P.E., Manager North Carolina Department of Transportation Planning and Environmental Branch Post Office Box 25201 Raleigh, North Carolina 27611-5201 Dear Mr. Gilmore: Reference your Categorical Exclusion Dccument. dated December 7. 1998, and subsequent correspondence dated February 14, 1999. for wide ring existing highway and providing guardrail on US 264 from West of Manes Harbor to West of Englehard. Dare and Hyde Counties, North Carolina (Federal Aid Prefect No. STP-264(10), State Project No. 8.1051901, T.I.P. Nos. R-3838 and R-3839). Tae stated purpose of the proposed project is to widen US 264 to accommodate guardrail installarion for -*.e safety of the traveling public. The proposed project will adversely impact approximately 3 acres of jurisdictional wetlands located adjacent to US 264. For the purposes of the Corps of Engineers Regulatory Prcgram, Title 33. Code of Federal Regulations (CFR), Part 330.6, published in the Federal Regis:er on November 2=. 1991, lists nationwide permits. Authorization pursuant to Section 10 of the River and) :arbors Act of 1899 and Section 404 of the Clean Water Ac:. was prop ded for activities undertaken, assisted, authorized, regulated, funded or f=ced, in whole c. part by another Federal agency or department where that agency or department has determine: pursuant to the CEQ Regulation for the Implementing the Procedural Provisions of the Nationai Environmental Policy Act, that the activity, work or discharge is categorically excluded from -avironmental documentation because it is included within a category of actions w=hich neither individually nor cumulatively have a significant effect on the human environment, and the Office of the Chief of Engineers has been furnished notice of the agency's or departmtat's app-,cation for the categorical exclusion and concurs «ith that determination. Review of this project indicates that widening of he existing road to accommodate guardrail along US 264 will adversely impact 3.0 acres of adjacent wetlands. Your work is authorized -1- under Nationwide Permit 23. Categorical Exclusion, pro-,ided it is accomplished in strict accordance with the enclosed Nationwide Permit Conditions and the following special conditions: a. The Permittee shall purchase 6 credits from the Scuppernong River Corridor Wetland Mitigation Bank. No work within waters or wetlands authorized by this permit shall begin until the bank sponsor has verified to the Corps that it has received payment for said credits, and that the credits have been debited from the Bank in accordance with the Mitigation Banking Instrument dated February 4, 1998, attached hereto and incorporated herein by reference; b. Within 30 days of the issuance of this permit, NCDOT shall provide the Corps of Engineers, Washington Regulatory Field Office, with an updated mitigation ledger or report reflecting the utilization of mitigation credits from the Scuppernong River Corridor Wetland Mitigation Bank; This nationwide permit does not relieve you of the responsibility to obtain any required State or local approval. This permit will be valid for two years from the date of this letter unless the nationwide authorization is modified, reissued or revoked. Thank you for your time and cooperation. Questions or comments may be addressed to Mr. Michael F. Bell, Washington Regulatory Field Office. Post OfEce Box 1000, Washington, North Carolina, 27889, or telephone 252-975-1616, extension 26. Sincerely, Michael F. Bell, P.W.S. Regulatory Project Manager Enclosure Copies Furnished (without enclosure) Mr. M. Randall Turner Division One Environmental Officer V "oject Development/Environmental Analysis Branch-Division 1 Post Office Box 850 Edenton, North Carolina 27932 Mr. John Domey Division of Water Quality North Carolina Department of Environment. Health and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 Mr. David Cox North Carolina Wildlife Resources Commission 1142 185 Service road Creedmoor, North Carolina 27522 Mr. John Heftier U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Larry Hardy National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 Mr. William L. Cox, Chief Wetlands Section - Region IV Water Management Division U.S. Environmental Protection Agency 61 Forsyth Street, S.W. Atlanta, Georgia 30303 CO U N n co S z O Z Q P M L r c O w CIO E o' /\ O O @ T a c V) Qz = z --Ja z D r ._ C 0.01 _ Q • O ?i /-? V LLJ = V _l u. l? P Z 1 ? C.) 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Z G W M Q W N W ?. - < lo > o = o ce n r? - EF z ° _ W j l ? CL C W C z W z W CL_ o O CL_ C l- ? J LLJ ? LL, ? w ? Ln W Li CL: Q z v -Z v Q w Q U Q ? _, J ~ 5 a Z: 00 en V W M ? ?1 v1 " I. 0 W 2 I N I I li W d W I cl: I Z o Z O O O U W I V) - I o ? I V n I O d _d J ` W W W z ?V U 1 1 O 11 O W W 0 w O? w I N cr- C3 I ? 7 I w I y I i I ?i v g I i? y I , I 'i 7 I I I ? J I V ? \II O I y O I I CL I ? I ? I ? I ? I J I I I I I i I I ? I I v I ? I I ? o c f w CL Z P co P C Q P N L n ces ._ O Q z'- 7 : ?- O@ c? ?h Q L U O ZC F F ? C ? V ? z- > L n ?m > -0> Na Q17 ' d D Q a U Z L-' F- U L) Z W Z LJ LL1 ?i O W - O Q 0 LL L 0 L J z Q Q Q cWn O CL- LL-O z L/ L v W O J s 77 /i r'1 a 17 F In L? M W lD 7 p C C Z ? W a_ (n o z ^ _ s Z r z N z `o 0 J z? _ ? o 0 L ? U z „ 0 0 U G C ?O CL y ? 0 J F U ? N h !l n Ogg U c h 1 O C ?L 2::-4 rl Cn M + ? ? i i?. v 2 O v ?'i r h ? ~ (. V 1 .J i? y U? C r .y I?r I l I ? ?O ?• I ~ O I r-4 - cz? cn W W ?o I z l am] I M ?'`l p M W 1 ? G ? ( I { lJ t9 3? Da J W Z, I Z cc I G w 1c C I - -? 07 }- 4 O I I i r• - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------- ?11 Q u z LL LL -I O ? Q? W d i rn _ c I ' I W? 1 I I ? 1 ? ? / n1 J+ I C I ? ?'? J Lu rr t 0 0 rv; ?v ? P P ? r r4 II r.n r4 CIO l- C rr a ?? Y?1 fN I-- v 0 ~ O N z I ~ 0 Z N Z.- C CO w ?> .p r r O I tr? ?I !1 r. P-W ? J j ? v'? u µ STAT( ? Mo STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION ?. JAMES B. HUNT JR. GOVENOR July 20, 1999 John Hennessy, Highway Projects Coordinator N. C. Department of Environment And Natural Resources Division of Water Quality Environmental Sciences Branch 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Dear Mr. Hennessy, DAVID McCOY SECRETARY SUBJECT: Section 401 water Quality Certification for the proposed safety improvements to US 264 from Mann's Harbor to Engelhard, Dare and Hyde Counties; TIP Nos. R- 3838 & R-3839; State Project No. 8.1051901; Federal Aid Project No. STP- 264(10) The Department has recently applied to the Division of Coastal Management for a CAMA Major Development permit for the subject project. A copy of that application and related exhibits, as well as a check in the amount of $200.00 for the Section 401 Water Quality Permit application is enclosed. The Department has also received approval from the USACE for this project. A copy of the Nationwide Permit issued by the USACE is included for reference. Your assistance in expediting the issuance of the 401 certification for this project will be appreciated. Thank you for your assistance with this matter. Please call me if you have any questions or concerns. Sincerely, D. R. Conner, P. E. Division Engineer-Division ne '- 7 - XVIZ T. Lindsey Riddick, Jr. Division Environmental Officer-Division One CC: M. R. Turner P. O. Box 850 Edenton, NC 27932 (252) 482-7977 FAX: (252) 482-8722 "--o e-.swto? STATE of NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. DAVID McCOY GOVERNOR SECRETARY June 24, 1999 North Carolina Department of Environment and Natural Resources Division of Coastal Management Hestron Plaza II 151-B Highway 24 Morehead City, North Carolina 28557 ATTENTION: Mr. Charles Jones, Asst. Director SUBJECT: CAiMA Major Development Permit Application for the Proposed Safety Upgrade of US 264 between Gateway and Engelhard; TIP Nos. R-3838 (Dare County) and R-3839 (Hyde County); State Project No. 8.1051901; Federal Aid Project No. STP-264(10) The Department of Transportation (Department) proposes to undertake safety improvements to US 264 from Gateway, near Manns Harbor, to Engelhard. The proposed work includes widening of shoulders on both sides of the roadway, the addition of 2 feet of asphalt pavement on either side of roadway and the installation of metal guardrail between the canal and roadway. The pavement has already been expanded between Stumpy Point and Gateway, hence the proposed improvements in this section of roadway will be limited to shoulder enhancement on the side of the roadway adjacent to the canal only, and installation of guardrail in the improved shoulder zone. These improvements will result in 22 feet of pavement (10-ft wide travel lanes and 1-ft wide paved shoulders) in lieu of 18 feet of pavement on the existing roadway. Following completion of the proposed safety upgrades, the highway will receive a uniform overlay of asphalt. As suggested above, the section of the project between Gateway and Stumpy Point will not involve impacts to wetlands, waters or other jurisdictional resources. All work will be limited to high ground within the existing right of way. Consequently, this application and all relevant documentation relates specifically to the proposed improvements between Stumpy Point and Engelhard. The Department has gone to great lengths in its planning and design efforts to ensure that the proposed improvements will result in only minimal impacts to natural systems including wetlands and the roadside canal. Proposed shoulder dimensions will be 5-6 P.O. Box 850, Edenton, NC 27932 (252) 482-7977 Fax: (252) 482-3826 Page 2 June 24, 1999 Charles Jones feet in width, including 1 foot of pavement on either side of roadway. This represents the narrowest shoulder dimension permissible for guardrail sections. The proposed improvements will impact Public Trust Waters at 6 different sites, including 3 sites between Stumpy Point and Long Shoal River, and 3 sites between Long Shoal River and Engelhard. You will note from the enclosed cross-sections that the encroachments into the canal at each impact site will be relatively minor in terms of reduction of canal surface water. The proposed roadway improvements will not preclude traditional Public Trust access to the canal. Wetland impacts are limited to narrow (from < 1' to 3' widths) linear strips immediately adjacent to the existing toe of the roadway. As discussed with your staff previously, precise quantification of the impacts would require a massive location/survey effort. The Department measured impacts at more than 300 sample transects selected at random between Stumpy Point and Engelhard. Only 41 of the measured transects actually indicated that impacts to the wetland fringe would probably occur, resulting in encroachments into the wetland fringe at the toe of the existing fill slope. In every instance, the projected impacts will ranging between a few inches to less than 2 feet in width. Furthermore, all of the 41 transects which confirmed the likelihood of impacts to wetlands are located within 15 miles of Engelhard. As a result of these data, and in the absence of "hard" quantifications, the Department is comfortable with overstating wetland impacts as 3.0 acres. This is done in order to assure the regulatory agencies that the Department is willing to place a proper value on an important resource. The Department estimates that no more than half of the impacts will involve areas dominated by coastal wetland species. Note that if you examine the 3.0 acre value you will find that it represents a theoretical impact area equivalent to a 3.0-foot wide X 25-mile long strip of land. The U.S. Army Corps of Engineers (USACE) concurred with this approach to providing a fair, but overstatement of wetland impacts. The U5ACE recently approved the Department's proposed action under Nationwide 23, conditioned on the Department's purchase of 6 credits (acre-equivalents) from a commercial wetland mitigation bank in Tyrrell County. It is hoped that the Division of Coastal Management will concur with the proposed mitigation. However, the Department is prepared to discuss the matter further. In addition to the proposed roadway improvements described above, the Department has identified two culvert crossings in Hyde County, which will require modifications prior to the final resurfacing of US 264. One of the sites is located +/- 4.5 (road) miles south of Long Shoal River. Culverts which discharge water from the pumping station are badly corroded. The second site is located +/- 1.5 miles south of the pumping station. The existing pipe culverts at this second site are corroded, but will not be removed or replaced. Instead, since it has been determined that hydraulic conveyance is not required at this site, the old pipes will be filled by pumping them full of a concrete material. Page 3 June 24, 1999 Charles Jones The enclosed application forms (MP-1, MP-2, MP-3 and MP-5), vicinity maps, site plans and cross-sections, as well as a check for $250.00, copies of letters and forms sent to adjacent riparian landowners, and a copy of the USACE Section 404 authorization is enclosed for your review and consideration. Green cards confirming receipt of letters/forms by the adjacent riparian landowners will be forwarded to your Washington District Office when they are received. In order to facilitate the processing and review of this application package, the Department assumes that the Washington District will be the designated regulatory office for the project. Please advise me if you decided to handle the project differently. Your assistance in expediting issuance of public notice, agency notifications and completion of bio-reports will be appreciated. There is a growing urgency that the proposal be approved at the earliest opportunity. I will keep you informed of developments in that regard. This office will assist your Raleigh permit staff in any way deemed appropriate in order to encourage review/commenting agencies to remit timely comments. Please call me should you have any questions or comments. Lindsey Riddick, the new Division 1 Environmental Officer will be assigned the project following acceptance of the application by your Washington District office. Lindsey can be reached at this office. Thank you for your time and cooperation. Sincerely, ?- ??m 6bF7VP(7b// M. Randall Turner, Senior Environmental Officer Project Development & Environmental Analysis Branch Enclosures Cc: T. Lindsey Riddick, Jr., Division Environmental Officer, NCDOT D. R. Conner, P.E., Division Engineer, NCDOT William D. Gilmore, P.E., PD&EA Branch Manager, NCDOT Michael F. Bell, P.W.S., Regulatory Manager, USACE Terry E. Moore, District Manager, NCDCM DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS Ro. BOX 1890 WILMINGTON, NCRTH CARCUNA 28402-1890 IN REPLY REFER TO June 11, 1999 Regulatory Division Subject: Action ID No. 199910390 and Nationwide Permit Rio. 23 (Approved Categorical Exclusions) Mr. William D. Gilmore, P.E., Manager North Carolina Department of Transportation Planning and Environmental Branch Post Office Box 25201 Raleigh, North Carolina 27611-5201 Dear Mr. Gilmore: Reference your Categorical Exclusion Document, dated December 7, 1998, and subsequent correspondence dated February 14, 1999, for widening existing highway and providing guardrail on US 264 from West of titans Harbor to West of Englehard. Dare and Hyde Counties, North Carolina (Federal Aid Project No. STP-264(10), State Project No. 8.1051901, T.I.P. Nos. R-3838 and R-3839). The stated purpose of the proposed project is to widen US 264 to accommodate guardrail installation for the safety of the traveling public. The proposed project will adversely impact approximately 3 acres of jurisdictional wetlands located adjacent to US 264. . For the purposes of the Corps of Engineers Regulatory Program- Title 33. Code of Federal Regulations (CFR), Part 3' )0.6, published in the Federal Registtr on November 22. 1991, lists nationwide permits. Authorization pursuant to Section 10 of the River and Harbors Act of 1899 and Section 404 of the Clean Water Act, was provided for activities undertaken, assisted, authorized, regulated, funded or financed, in whole or part, by another Federal agency or department where that agency or department has determined, pursuant to the CEQ Regulation for the Implementing the Procedural Provisions of the National Environmental Policy Act, that the activity, work or discharge is categorically excluded from environmental documentation because it is included within a category of actions which neither individually nor cumulatively have a significant effect on the human environment, and the Office of the Chief of Engineers has been furnished notice of the agency's or department's application for the categorical exclusion and concurs with that determination. Review of this project indicates that widening of the existing road to accommodate guardrail along US 264 will adversely impact 3.0 acres of adjacent wetlands. Your work is authorized -1- under Nationwide Permit 23, Categorical Exclusion, provided it is accomplished in strict accordance with the enclosed Nationwide Permit Conditions and the following special conditions: a. The Permittee shall purchase 6 credits from the Scuppernong River Corridor Wetland Mitigation Bank. No work within waters or wetlands authorized by this permit shall begin until the bank sponsor has verified to the Corps that it has received payment for said credits, and that the credits have been debited from the Bank in accordance with the Mitigation Banking Instrument dated February 4, 1998, attached hereto and incorporated herein by reference; b. Within 30 days of the issuance of this permit, NCDOT shall provide the Corps of Engineers, Washington Regulatory Field Office, with an updated mitigation ledger or report reflecting the utilization of mitigation credits from the Scuppernong River Corridor Wetland Mitigation Bank; This nationwide permit does not relieve you of the responsibility to obtain any required State or local approval. This permit will be valid for two years from the date of this letter unless the nationwide authorization is modified, reissued or revoked. Thank you for your time and cooperation. Questions or comments may be addressed to Mr. Michael F. Bell, Washington Regulatory Field Office, Post Office Box 1000, Washington, North Carolina, 27889, or telephone 252-975-1616, extension 26. Sincerely, Michael F. Bell, P.W.S. Regulatory Project Manager Enclosure S U V N D PAM L I C o Q? E. 0 9 I ALLIG AT.AR T Y A E t </•? N U C O co M r 7 f rl) Z Q Z z J ?L ? 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O W V1 co x s W 1-- z C 'r 1 C ?7 r y. "r v ^ .T. ° z _? F C c4NAL z z Lu co w 0 O ? H ? Q 6 LL - O u - Q ? C) LIJ C Ll- w Q O to A C ? O ? O ? J CL Q - 3891 0 AIL I? I h Ia I w \< I I a ? L.L. w IQ ro V, 3j Lai LIA --------------------------------------------------------------------- State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Kerr T. Stevens, Director July 28, 1999 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Randall Turner NC DOT PO Box 850 1J Edenton, NC 27932 Dear Mr. Turner: Subject: DWQ # 990817 Dare and Hyde Counties we /-e Se, d? s w u,?'c k fCk On July 16, 1999, your application for a 401 Water Quality Certification for widening existing roadway in Craven County was received by the N.C. Division of Water Quality. The Division will begin to review the project for eventual decision. However, please be aware that beginning January 1, 1999 the N.C. General Assembly passed legislation requiring payment of a fee of $475.00 for this project. The 401 Certification cannot be issued until this fee is paid. Until that time, your application will remain on hold as incomplete. Please call Cyndi Bell at 919-733-9502 if you have any questions. Q i >om o n R. e y cc: Central Files Washington DWQ Regional Office Washington Field Office US Army Corps of Engineers Cyndi Bell Wetland file Doug Huggett; DCM Wedands/401 Unit 4401 Reedy Creek Road Telephone 919-733-1786 Raleigh, North Carolina 27607 FAX # 59 An Equal Opportunity Affirmative Action Employer I0% po 5090 recyclcd /IO;o post consumer paper "INUT ft.. r } NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF COASTAL MANAGEMENT 13 July 1999 MEMORANDUM TO: FROM: SUBJECT: Mr. John R. Dorney, Environmental Division of Water Quality Ate, Doug Huggett Major Permits Processing Coordinator CAMA/Dredge and Fill Permit Application Review Applicant: North Carolina Department of Transportation Project Location: , On US 264 from Engelhard to Gateway (intersection with US 64) in Hyde and Dare Counties, North Carolina Proposed Project: To widen the existing roadway by adding 2 feet of asphalt on both sides of the road, installing guard rails between the canal and roadway and replace culverts. Please indicate below your position or viewpoint on the proposed project and return this form by 3 August July 1999. If you have any questions regarding the proposed project, please contact David Moye at 252-946-6481. 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 proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. Signed Date WASHINGTON REGIONAL OFFICE 943 WASHINGTON SQUARE MALL, WASHINGTON, NC 27889 PHONE 252-946-6481 FAX 252-975-371 6 AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST-CONSUMER PAPER r DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: N. C. Department of Transportation 2. LOCATION OF PROJECT SITE: Hyde and Dare Counties on US 264 from Engelhard to Gateway (intersection with US 64) Photo Index - 1995: N/A 1989: N/A 1984: N/A State Plane Coordinates - X: 2,923,900 Y: 704,700 Engelhard NW Quad. (lower right corner) 3. INVESTIGATION TYPE: CAMA and D/F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 05/19/99 10/14/98 Was Applicant Present - NO YES 5. PROCESSING PROCEDURE: Application Received - 07/06/99 • Office - Washington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Hyde and Dare Counties Land Classification From LUP - Conservation (water, wetlands) Rural and Community (land) (B) AEC(s) Involved: ES,EW,CW,PTA (C) Water Dependent: NO (D) Intended Use: Public (E) Wastewater Treatment: Existing - N/A Planned - N/A (F) Type of Structures: Existing - road and bridges Planned - widening of the road and installation of guardrail and replacement of culverts (G) Estimated Annual Rate of Erosion:_ N/A Source - N/A r 7. HABITAT DESCRIPTION: [AREA] -? DRED ED FILLED IZI OTHER (A) Vegetated Wetlands ±130,680 ft2 CW and 404 Wetlands (B) Non-Vegetated Wetlands ±1,320 ft2 ±25,800 ft2 Canal Bottom culvert site (C) Other ±3,990,096 ft2 Highground (D) Total Area Disturbed: 91.6 acres ? (E) Primary Nursery Area: YES G C (F) Water Classification: SA Open: YES 8. PROJECT SUMMARY: The applicant proposes to widen the existing roadway by adding 2' of asphalt to both sides of the road and installing guardrails between the existing canal and roadway and replace culverts. NC DOT US 264 Guardrail Project Hyde and Dare Counties Project setting The N. C. Department of Transportation (NC DOT) proposes to upgrade US 264 between Engelhard and Gateway in Hyde and Dare Counties by widening the road surface, repaving the entire distance and installing guardrails. The project site is a filled roadbed with upland grasses on the road shoulders. Several areas along the 25 mile project site have pines and mixed hardwoods along the road shoulder. In numerous sections on both sides of the road the road borders manmade canals or in several areas crosses water bodies via bridges and/or culverts. In these areas vegetation along the water/land interface is dominated by wetland species. Included in the wetland areas are several species of coastal wetlands consisting of Distichlis snicata; gpartina alterniflora, S patens, Tvnh and C1sium Tamaicense. The manmade canals connect into Long Shoal River and/or Stumpy Point Bay both of which are classified as SA waters by the Environmental Management Commission. Both of these water bodies and their tributaries are classified as Primary Nursery Areas by the Marine Fisheries Commission. Project description The NC DOT proposes to widen a-25 mile section of US 264 by adding 2' of asphalt to each side of the existing roadway. The additional width will require an expansion of the filled road shoulder in various locations along the entire distance of the project area. The expansion will require the placement of fill at six locations in the existing adjacent canals averaging 6' wide for a total impact of 0.6 acres (25,800 ft2). In addition, a fringe (<1' to 3') of wetlands exist along various areas of the road shoulder at the land/water interface and will be impacted by the proposed work. In order to quantify the impact, NCDOT has used a value of T times the 25 mile length for a total impact to wetlands of 3 acres (130,680 ft2). NCDOT has proposed to mitigate for this impact with a 6 credit (acre-equivalents) debit from a commercial mitigation bank in Tyrrell County. The areas of fill will be stabilized using ±270 cubic yards of Class VII granite riprap (up to 3' diameter). Guardrails are proposed along the sections which are adjacent to canals. These guardrails will occur mainly in the sections where the additional fill was needed to expand the road shoulder. Two culvert crossings have been identified as needing repair. The first is located ±4.5 miles south of Long Shoal River at a pumping station on a manmade canal. This site has 4 existing pipes, each measuring 48" in diameter and ±72' long. NCDOT proposes to replace them with 2 pipes, each measuring 48" in diameter and ±83' long. The downstream end of the culverts will be protected with riprap. NCDOT proposes to install a temporary dike on the downstream side so that ,Y NC DOT Engelhard to Gateway 264 Improvements Hyde and Dare Counties Page Two dewatering can occur prior to undertaking the work. The second site is located ±1.5 miles south of the above mentioned pumping station. NCDOT has determined that the hydrologic connection at this location is not needed and they propose to fill the existing 4 - 48" diameter pipes with concrete. Anticipated impacts Approximately 130,680 ft± of Coastal Wetland and ±25,800 ft2 of Estuarine Water and Public Trust Area will be filled for the shoulder widening of the existing road and the installation of the guardrail and the culvert work Approximately 3,990,096 ft2 of high ground will be impacted as a result of the widening and new asphalt work. Turbidity from the construction activities will vary with construction technique, water depth, substrate, etc.. David W. Moye - 12 July 1999 rr?? STATE of NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. DAVID McCOY GOVERNOR SECRETARY July 6, 1999 MEMO TO: David Moye, Coastal Management Field Representative Division of Coastal Management FROM: Q' `7'M- Randall Turner, Senior Environmental Officer Project Development & Environmental Analysis Branch SUBJECT: Proposed Safety Upgrades on US-264 in Dare and Hyde Counties Following your review and critique of the Department's application for a CAMA Major Development Permit, you notified me on June 1, 1999 that several items in the application required further attention. Specifically, your recommendations are: • Form MP-1, 4.i.: Proper response is "N/A" in lieu of "Yes" • Form MP-2: Data given in table under "Other" should be explained/described. • No statement of compliance with the N.C.E.P.A. was included with the application. Such a statement is required. • Adjacent Riparian Property Owner Names are not depicted on plan views of canal impact sites; this information is required. Amended MP-1 and MP-2 pages (bullets 1-2) are enclosed. In addition, a statement of compliance with the N.C.E.P.A. is provided on a separate sheet, which is also enclosed. Finally, site drawings which depict proposed impacts to canal waters have been amended to show adjacent riparian property owner names. These revised site drawings are enclosed for inclusion in the application package. Note: during the course of revisiting the adjacent riparian landowner subject, I discovered that the actual list of adjacent riparian landowners is smaller than originally identified. Items 6 and 7 (Rich, Rich & Rich, and Twiford have been deleted). Four of the five remaining landowners have been notified of the proposal and copies of their green cards are enclosed. When the card for Pamlico-Eco Management is received it will be mailed to your office. Thank you for your time and consideration. Please call me if any additional information is required. Enclosures Cc: T. Lindsey Riddick, Jr., Division Environmental Officer P.O. Box 850, Edenton, NC 27932 (252) 482-7977 Fax: (252) 482-3826 e??t y a? STATE of NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. DAVID McCOY GOVERNOR SECRETARY June 24, 1999 North Carolina Department of Environment and Natural Resources Division of Coastal Management Hestron Plaza II 151-B Highway 24 Morehead City, North Carolina 28557 ATTENTION: Mr. Charles Jones, Asst. Director SUBJECT: CAMA Major Development Permit Application for the Proposed Safety Upgrade of US 264 between Gateway and Engelhard; TIP Nos. R-3838 (Dare County) and R-3839 (Hyde County); State Project No. 8.1051901; Federal Aid Project No. STP-264(10) The Department of Transportation (Department) proposes to undertake safety improvements to US 264 from Gateway, near Manns Harbor, to Engelhard. The proposed work includes widening of shoulders on both sides of the roadway, the addition of 2 feet of asphalt pavement on either.side of roadway and the installation of metal guardrail between the canal and roadway. The pavement has already been expanded between Stumpy Point and Gateway, hence the proposed improvements in this section of roadway will be limited to shoulder enhancement on the side of the roadway adjacent to the canal only, and installation of guardrail in the improved shoulder zone. These improvements will result in 22 feet of pavement (10-ft wide travel lanes and 1-ft wide paved shoulders) in lieu of 18 feet of pavement on the existing roadway. Following completion of the proposed safety upgrades, the highway will receive a uniform overlay of asphalt. As suggested above, the section of the project between Gateway and Stumpy Point will not involve impacts to wetlands, waters or other jurisdictional resources. All work will be limited to high ground within the existing right of way. Consequently, this application and all relevant documentation relates specifically to the proposed improvements between Stumpy Point and Engelhard. The Department has gone to great lengths in its planning and design efforts to ensure that the proposed improvements will result in only minimal impacts to natural systems including wetlands and the roadside canal. Proposed shoulder dimensions will be 5-6 P.O. Box 850, Edenton, NC 27932 (252) 482-7977 Fax: (252) 482-3826 Page 2 June 24, 1999 Charles Jones feet in width, including 1 foot of pavement on either side of roadway. This represents the narrowest shoulder dimension permissible for guardrail sections. The proposed improvements will impact Public Trust Waters at 6 different sites, including 3 sites between Stumpy Point and Long Shoal River, and 3 sites between Long Shoal River and Engelhard. You will note from the enclosed cross-sections that the encroachments into the canal at each impact site will be relatively minor in terms of reduction of canal surface water. The proposed roadway improvements will not preclude traditional Public Trust access to the canal. Wetland impacts are limited to narrow (from < 1' to 3' widths) linear strips immediately adjacent to the existing toe of the roadway. As discussed with your staff previously, precise quantification of the-impacts would require a massive location/survey effort. The Department measured impacts at more than 300 sample transects selected at random between Stumpy Point and Engelhard. Only 41 of the measured transects actually indicated that impacts to the wetland fringe would probably occur, resulting in encroachments into the wetland fringe at the toe of the existing fill slope. In every instance, the projected impacts will ranging between a few inches to less than 2 feet in width. Furthermore, all of the 41 transects which confirmed the likelihood of impacts to wetlands are located within 15 miles of Engelhard. As a result of these data, and in the absence of "hard" quantifications, the Department is comfortable with overstating wetland impacts as 3.0 acres. This is done in order to assure the regulatory agencies that the Department is willing to place a proper value on an important resource. The Department estimates that no more than half of the impacts will involve areas dominated by coastal wetland species. Note that-if you examine the 3.0 acre value you will find that it represents a theoretical impact area equivalent to a 3.0-foot wide X 25-mile long strip of land. The U.S. Army Corps of Engineers (USACE) concurred with this approach to providing a fair, but overstatement of wetland impacts. The USACE recently approved the Department's proposed action under Nationwide 23, conditioned on the Department's purchase of 6 credits (acre-equivalents) from a commercial wetland mitigation bank in Tyrrell County. It is hoped that the Division of Coastal Management will concur with the proposed mitigation. However, the Department is prepared to discuss the matter further. In addition to the proposed roadway improvements described above, the Department has identified two culvert crossings in Hyde County, which will require modifications prior to the final resurfacing of US 264. One of the sites is located +/- 4.5 (road) miles south of Long Shoal River. Culverts which discharge water from the pumping station are badly corroded. The second site is located +/- 1.5 miles south of the pumping station. The existing pipe culverts at this second site are corroded, but will not be removed or replaced. Instead, since it has been determined that hydraulic conveyance is not required at this site, the old pipes will be filled by pumping them full of a concrete material. Page 3 June 24, 1999 Charles Jones The enclosed application forms (MP-1, MP-2, MP-3 and MM-5), vicinity maps, site plans and cross-sections, as well as a check for $250.00, copies of letters and forms sent to adjacent riparian landowners, and a copy of the USACE Section 404 authorization is enclosed for your review and consideration. Green cards confirming receipt of letters/forms by the adjacent riparian landowners will be forwarded to your Washington District Office when they are received. In order to facilitate the processing and review of this application package, the Department assumes that the Washington District will be the designated regulatory office for the project. Please advise me if you decided to handle the project differently. Your assistance in expediting issuance of public notice, agency notifications and completion of bio-reports will be appreciated. There is a growing urgency that the proposal be approved at the earliest opportunity. I will keep you informed of developments in that regard. This office will assist your Raleigh permit staff in any way deemed appropriate in order to encourage review/commenting agencies to remit timely comments. Please call me should you have any questions or comments. Lindsey Riddick, the new Division 1 Environmental Officer will be assigned the project following acceptance of the application by your Washington District office. Lindsey can be reached at this office. Thank you for your time and cooperation. Sincerely, M. Randall Turner, Senior Environmental Officer Project Development & Environmental Analysis Branch Enclosures Cc: T. Lindsey R.iddick, Jr., Division Environmental Officer, NCDOT D. R. Conner, P.E., Division Engineer, NCDOT William D. Gilmore, P.E., PD&EA Branch Manager, NCDOT Michael F. Bell, P.W.S., Regulatory Manager, USACE Terry E. Moore, District Manager, NCDCM Form DCM-MP-1 APPLICATIDN (To be completed by all applicants) b. City, town, community or landmark 1. APPLICANT Stumpy Point, Engelhard a. Landowner: Name N. C. Department of Transportation Address P.O. Box 850 City Edenton State N.C. Zip 27932 Day Phone (252) 482-7977 Fax (252) 482-8722 b. Authorized Agent: NameM.Randall Turner. SeniorEnvironmental Officer Address P.O. Box 850 City Edenton Zip 27932 State N.C. Day Phone (919) 482-7977 Fax (919) 482-8722 c. Project name (if any) Safety Improvements to US 264 (R-3838 and R-3839) NOTE: Permit will be issued in name of landowner(s), and/or project name. 2. LOCATION OF PROPOSED PROJECT a. County Dare and Hyde (Stumpy Point to Engelhard) c. Street address or secondary road number US 264 d. Is proposed work within city limits or planning jurisdiction? Yes X No e. Name of body of water nearest project (e.g. river, creek, sound, bay) Pamlico Sound, Stumpy Point Bay, Long Shoal River, Waupopin Creek 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. Improve (widen) road shoulders: add 2 feet of pavement to each side of roadway; add metal guardrail wherever canal occurs 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 needed, please attach additional pages. Purpose: To prevent fatalities from drowning of vehicular occupants in canal; USE: Public transportation; METHODS OF CONSTRUC ION: Standard roadway grading and guardrail installation methods; DAILY OPERATIONS: Convevance of vehicular traffic Revised 03195 Form DCM-NIP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract N/A b Size of individual lot(s) N/A c. Approximate elevation of tract above MHW or NWL +/- 2-5 feet above NWL d. Soil type(s) and texture(s) of tract varies but most all soils in construction zone from borrow pits e. Vegetation on tract varies but mostly herbaceous, includes coastal species (Typha, Cladium, Spartina) in areas f. Man-made features now on tract US 264, canal g. What is the CAMA Land Use Plan land classification of the site? (Consult the local land use plan.) Dare Conservation Transitional Developed Dare Community Hvde Rural Other It. How is the tract zoned by local government? N/A i. Is the proposed project consistent with the applicable zoning? Yes No N/A (Attach zoning compliance certificate, if applicable) j. Has a professional archaeological assessment been done for the tract? X Yes No If yes, by whom? DOT Archaeologists & SHPO 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 1. Are there wetlands on the site? X Yes No Coastal (marsh) X Other X If yes, has a delineation been conducted? No (Attach domnentation, if available) in. Describe existing wastewater treatment facilities N/A n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges.) Surface run-off from roadway-and shoulders o. Describe existing drinking water supply source. N/A 5. ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: ® A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. o An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale in black ink on an 8 1/2" by 11" white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue-line prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the site. Include highway or secondary road (SR) numbers, landmarks, and the like. OA 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 Form DCM-MP-1 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. (See Attached Page) Name Address Phone Name Address Phone Name Address Phone ® A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. N/A O A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. G A signed AEC hazard notice for projects.. in oceanfront and inlet areas. o A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - 1 to 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. *See attached supplemental sheet 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. I certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. This is the 24th day of June , 1999 Print Name M.Randall Turner. Senior Euvir. Officer Signature d_ Landowner or Authorized Agent Revr5,c1 6Y1 Jaj 61 ?,n-q Please indicate attachments pertaining to your proposed project. X DCM MP-2 Excavation and Fill Information X DCM MP-3 Upland Development _ DCM MP-4 Structures Information X DCM MP-5 Bridges and Culverts DCM MP-6 Marina Development NOTE. Please sign and date each attachment in the space provided at the bottom of each form. Revised 03/95 Supplement to MP-1, 5. LIST OF ADJACENT RIPARIAN LANDOWNERS Item Riparian Landowner Address Project Riparian Site 1. Mattamaskeet Hunt Club P.O. Box 2066 R-3839 Pump Station Culverts Greenville, NC 27836 Canal Impact Site C 2. C. Gilbert Gibbs P.O. Box 39 R-3839 Pump Station Culverts Engelhard, NC 27824 Cross Pipes Canal Impact Site B 3. Calvin Blythe Davis Route 1, Box 157AAA R-3839 Canal Impact Site A Swan Quarter, NC 27885 4. Pamlico-Eco Management 5172 Blulaschi Drive R-3839 Pump Station Culverts Powder Springs, GA 30073 Cross Pipes 5. U.S. Dept. of Interior P.O. Box 1969 R-3838 Canal Impact Sites A, B, C Manteo, NC 27954 Supplement to MP-1 Statement of Compliance with N.C.E.P.A. The North Carolina Department of Transportation has determined- through the Minimum Criteria Evaluation that the.proposed safety upgrade of US 264 between Manns Harbor and Engelhard will not require further Environmental Policy Act documentation. The Department has completed a Categorical Exclusion document under Federal Highway Administration Guidelines. Subject document, as well as the Minimum Criteria Evaluation checklist is enclosed with the CAMA Major Development Permit application package. The project, as proposed, is in compliance with the North Carolina Environmental Policy Act (N.C.G.S. 113A-1 to 10). Form DCM-AiP-2 :ACA ATff® AND FffLL (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Describe below the purpose of proposed excavation or fill activities. All values to be given in feet. Average Final Existing Project Length Width Depth Depth Access channel (MLW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Expansion of roadway shoulder & fill slopes into canal) 4,300' 1 +/- 6' 1 +/-1.6' 1. EXCAVATION N/A a. Amount of material to be excavated from below MHW or NWL 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. High ground excavation in cubic yards 2. DISPOSAL OF EXCAVATED N/A MATERIAL 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. Will a disposal area be available for future maintenance? Yes No If yes, where? Revised 03195 Form DCM-MP-2 e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes No If yes, (1) Amount of material to be placed in the water +/- 270 cubic vards Class VII f. Does the disposal include any area in the water? Yes No 3. SHORELINE STABILIZATION N/A a. Type of shoreline stabilization Bulkhead Riprap b. Length c. Average distance water-ward of MHW or NWL d. Maximum distance waterward of MHW or NWL granite stone (up to 3' diameter) (2) Dimensions of fill area varies in each of the 6 impact areas (3) Purpose of fill expansion of roadway fill slope b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? X Yes No If yes, (1) Dimensions of fill area (up to) 3 acres 1-3 ft wide X (up to) 25 miles long (2) Purpose of fill roadway fill slopes e. Shoreline erosion during preceding 12 months 5. GENERAL (Source of information) f. Type of bulkhead or riprap material g. Amount of fill in cubic yards to be placed below water level (1) Riprap -' (2) Bulkhead backfill h. Type of fill material i. Source of fill material 4. OTHER FILL ACTIVITIES a. How will excavated or fill material be kept on site and erosion controlled? Silt fencing and use of best management practices b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? Backhoe, motor grader, farm tractor, dump trucks c. Will wetlands be crossed in transporting equipment to project site? Yes X No If yes, explain steps that will be taken to lessen environmental impacts. (Excluding Shoreline Stabilization) a. Will fill material be brought to site? X Yes No M.Randall Turner, Senior Environmental Officer Applicant or Pro* ct Dame aza. Signature June 24, 1999 Date Revised 03/95 Form DCM-MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. a. Type and number of buildings, facilities, units or structures proposed expansion of roadway shoulders. including 4 ft of pavement + guardrail b Number of lots or parcels N/A c. Density (give the number of residential units and the units per acre) N/A d. Size of area to be graded, filled or disturbed including roads, ditches, etc. +/- 91.6 acres (25.2 miles X 30 feet of disturbance) e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land disturbing activity begins. If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? Yes X* No If yes, date submitted *NCDOT is self-regulating by delegation from DLQ f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for paved surfaces. Asphalt g. Give the percentage of the tract within 75 feet of MHW or NWL, or within 575 feet in the case of an Outstanding Resource Water, to be covered by impervious and/or built-upon surfaces, such as pavement, buildings, rooftops, or to be used for vehicular driveways or parking. +/-18.3% h. Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. Has a site development plan been submitted to the Division of Environmental Management for review? Yes X No If yes, date submitted i. Describe proposed method of sewage disposal. N/A j. Have the facilities described received state or local approval? (Attach appropriate documentation) in Item i. above N/A k. Describe location and type of proposed discharges to waters of the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges). Surface runoff from roadway surfaces 1. Describe proposed drinking water supply source (e.g. well, community, public system, etc.) N/A in. Will water be impounded? If yes, how many acres? _ Yes X No n. If the project is an oceanfront development, when was the lot(s) platted and recorded? N/A M.Randall Turner. Senior Environmental Officer Applicant Project ame ignature June 24, 1999 Date Revised 03195 Form DCM-M -5 B"R1 ff D G"Olop-dS AND CULVERTS Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-I. Be sure to complete all other sections of the Joint Application that relate to this proposed project. 1. BRIDGES N/A a. Public Private b. Type of bridge (construction material) c. Water body to be crossed by bridge d. Water depth at the proposed crossing at MLW or NWL e. Will proposed bridge replace an existing bridge? Yes No If yes, (1) Length of existing bridge (2) Width of existing bridge (3) Navigation clearance underneath existing bridge (4) Will all, or a part of, the existing bridge be removed? (Explain) f. Will proposed bridge replace an existing culvert(s)? 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 MHW or NWL (4) Will all, or a part of, the existing culvert be removed? (Explain) g. Length of proposed bridge i. Height of proposed bridge above wetlands j. Will the proposed bridge affect existing water flow? Yes No If yes, explain k. Navigation clearance underneath proposed bridge 1. Will the proposed bridge affect navigation by reducing or increasing the existing navigable opening? Yes No If yes, explain m. Will the proposed bridge cross wetlands containing no navigable waters? Yes No If yes, explain n. Have you contacted the U.S. Coast Guard concerning their approval? Yes No if yes, please provide record of their action. 2. CULVERTS a. Water body in which culvert is to be placed canal tributary to Long Shoal River b. Number of culverts proposed 2 c. Type of culvert (construction material, style) corrugated aluminum pipe (48") d. Will proposed culvert replace an existing bridge? Yes X No If yes, h. Width of proposed bridge (1) Length of existing bridge Revised 03/95 Form DCM-MP-5 (2) Width of existing bridge (3) Navigation clearance underneath existing bridge (4) Will all, or a part of, the existing bridge be removed? (Explain) e. Will proposed culvert replace an existing culvert? X Yes No If yes, (1) Length of existing culvert 40 +/- 72' (2) Width of existing culvert 40 48" (3) Height of the top of the existing culvert above the MHW` or NWL +/-0.2-0.8' above NWL (4) Will all, or a part of, the existing culvert be removed? (Explain) All 4 existing culverts will be removed and replaced with 2 pipes (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 highground excavation? X Yes No If Yes, (1) Length of area to be excavated +/- 60' (2) Width of area to be excavated +/- 22' (3) Amount of material to be excavated in cubic yards +/- 200 cubic vards d. If the placement of the bridge or culvert involves any excavation, please complete the following: (1) Location of the spoil disposal area at least half material to be used as back- f. Length of proposed culvert 20 +/- 83' fill ... remainder to be wasted at site to be identified in the future * g. Width of proposed culvert 20 48" (2) Dimensions of spoil disposal area * h. Height of the top of the proposed culvert above the MHW or NWL +/- 0.8' i. Will the proposed culvert affect existing water flow? X Yes No If yes, explain flows will be accelerated through two pipes in lieu of four j. Will the proposed culvert affect existing navigation potential? Yes X No If yes, explain 3. EXCAVATION AND FILL a. Will the placement of the proposed bridge or culvert require any excavation below the MHW or NWL? X Yes No If yes, (1) Length of area to be excavated +/- 60' (2) Width of area to be excavated +/- 22' (3) Depth of area to be excavated +/-3.91 (4) Amount of material to be excavated in cubic yards +/- 200 cubic yards (3) Do you claim title to the disposal area? Yes No if no, attach a letter granting permission from the owner. (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 X No If yes, give dimensions if different from (2) above. (6) Does the disposal area include any area below the MHW or NWL? Yes X No If yes, give dimension if different from No. 2 above. * * See Attachment for (2) through (6) 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? X Yes No If yes, (1) Length of area to be filled +/- 60' (2) Width of area to be filled +/- 22' (3) Purpose of fill clean backfill for culverts b. Will the placement of the proposed bridge or culvert f. Will the placement of the proposed bridge or culvert require any excavation within: No result in any fill (other than excavated material _ Coastal Wetlands _ SAVs _ Other Wetlands described in Item d. above) to be placed within: No If yes, - Coastal Wetlands - SAVs - Other Wetlands If yes, Revised 03/95 Form DCM-MP-5 (1) Length of area to be filled g. Will wetlands be crossed in transporting equipment (2) Width of area to be filled to project site? Yes X No (3) Purpose of fill If yes, explain steps that will be taken to lessen environmental impacts. 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 h. Will the placement of the proposed bridge or culvert highground? X Yes No require any shoreline stabilization? If Yes, Y Yes No (1) Length of area to be filled +/- 60' If yes. explain in detail Class B (up to 12" (2) Width of area to be filled +/-221 diameter) granite rip rap will be installed along (3) Purpose of fill backfill for culverts adjacent shoreline and as lining of portion of canal bottom to prevent erosion during discharges from pumping station 4. GENERAL a. Will the proposed project involve any mitigation? X Yes No If yes, explain in detail 6 acres (2:1 ratio) is being Purchased from Tvrrell County wetland mitigation bank M.Randall Turner, Senior Environmental Officer Applicant or oject Name i lure June 24, 1999 Date b. Will the proposed project require the relocation of any existing utility lines? Yes X No If yes, explain in detail c. Will the proposed project require the construction of any temporary detour structures? Yes X No if yes, explain in detail d. Will the proposed project require any work channels? Yes X No If yes, complete Form DCM-MP-2 Note: Coffer dam (impervious dike) gill be installed to dewater site prior to excavation, etc. (see site drawings) e. How will excavated or fill material be kept on site and erosion controlled? Implementation of NCDOT's best management practices f. What type of construction equipment will be used (for example, dragline, backhoe or hydraulic dredge)? Backhoe, dump trucks Revised 03195 Supplement to MP-5, 3.d. WASTE/BORROW SITE DECLARATION For the record, the Department of Transportation requires its contractors to provide proof that his plans to utilize a candidate waste/borrow area will not result in impacts to wetlands (Coastal or Section 404) or waters. If the site is an agricultural field, we require the contractor to provide copies of forms and aerial photo confirming the field's status as either prior converted (PC) or nonwetland. These forms are obtainable from the Farm Service Agency offices and/or the NRCS offices. 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