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HomeMy WebLinkAbout19990984 Ver 1_Complete File_19990903 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 APPROVAL of 401 Water Quality Certification Mr. William D. Gilmore, P.E., Manager Planning and Environmental Branch North Carolina Department of Transportation P.O. Box 25201 Raleigh, NC, 27611-5201 Dear Mr. Gilmore: A NCDENR September 3, 1999 Dare Counties DWQ Project No. 990984 You have our approval, in accordance with the attached conditions and those listed below, to place fill material in 0.039 acres of wetlands the purpose of relocating NC 12 north Buxton and south of Avon. The project should be constructed in accordance with your application dated 3 September 1999. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3103. This certification corresponds to the Nationwide Permit Number 14 issued by the Corps of Engineers. In addition, you should acquire any other federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval will expire with the accompanying 404 permit, unless otherwise specified in the Water Quality 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 thereb} responsible for complying with all the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or of total impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you must adhere to the conditions listed in the attached certification. 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 which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 276 1 1-7447. This certification and its conditions are final and binding unless you ask for a hearing. 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/ 10% post-consumer paper I This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone John Dorney at 919-733-9646. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Asheville Field Office Asheville DWQ Regional Office Central Files Sincerely, ve C:\ncdot\nc 12\wqc\buxtonwgc.doc w- State of North Carolina Department of Environment and Natural Resources / • • Division of Water Quality James B. Hunt, Jr., Governor D E N R ayne McDevitt, Secretary D T. Stevens, Director eptember 3, 1999 Division of Water Quality Environmental Sciences Branch 4401 Reedy Creek Road Raleigh, N.C. 27607 FAX•19191 7'14-99.q9 FROM: PHONE: NO. OF PAGES INCLUDING THIS SHEET: '`7 __J ?s ". A lo- 0 State of North Carolina Department of Environment 3W and Natural Resources AT4 • • Division of Water Quality r -- James B. Hunt, Jr., Governor D E N R Wayne McDevitt, Secretary Kerr T. Stevens, Director FROM PHONE: NO. OF PAGES INCLUDING THIS SHEET: I C?A V)?Cv September 3, 1999 Division of Water Quality Environmental Sciences Branch 4401 Reedy Creek Road Raleigh, N.C. 27607 FAX-19191733-9959 t-J 1 KI'7 r- % I'?DD ??Z -- ffAwyia? s tau ?-es ?rLJas`? W L Asa - c??a -?'7z?2- /N?Ie E??I w? 6 (ssc! ??? ?5a - ?7? 139 01/03/1992 09:22 9194739849 PAGE 01 S I Al t ()r Nom I I (,'Alto )l INA 1 ?I?.I'nIZ1MI?N?1' C)C'1'It/1NSl'OIt1nl'I(1N "'r` ??rn?r. (a I )IVISIt )N or 1110 RVAN'S Sfgr I(urir r??rvrrrurw Srr Truer P. 0. Box 1298 Mnvitpo, Nrirth Cmrol inn 27954 PI.F'ASE I)Fl, I V r• It 'I r, FOLI.M41 N(, PARES 1'0: NAMR, S?? t.r.sT aEt.o?l__. ??. I.Ut;ATION --? ---- - TELFCOPY NUM111"P : ---- F'Rom : Gxyvlf --- r DATE T I HE TOTAL. NUMNFR rrr PA(,F,4 INt;IAMINO COVER COMMEN'r!I --- (' •_- A rr.l2 W S v e-3 S f COPY OF OR I C I NAI, WILL FOLLOW BY MAIL: Y>•,IS NO ?^ PAX 919-473- 9n/i'1 MANTFO MA1'NTrNANCF YARD 01/03/1992 9194739849 ,;,, ? ' ?r `..? ? I ? ! i ? ? b ^ (? ?• C ? ? ? r ? rti ?, '?' . ?? ... . r ? ,V L ?? ?? 1 nn y, ? ? ??? r? -\? ?? .; 4 ?, ?-'. . ?? ' ?. I i `` ?J f I ' i ? ? I i ` > I i y ? i j ? i I ! I }E i i i f 01/16 190 18:53 NO.480 01/10 NORTH CAROLINA DEPARTMENT OC TRANSPORTATION DIVISIONONEOF P. O. BOX 850 EDENTON, NORTH CAROLINA 27932 TELEPHONE (252)4-82-7977 FAX NUMBER (252)-4B2-8722 Y rr Of T" FAX COVER SHEET DATE: M mm: ---Y TO: PHONE: FROW?sr PHONE: R Number of pages Including cover sheet: rilossago TJ Z wL Yl loc& 01/16 190 18:53 NO.480 02/10 NCDOT/P&E BRANCH Fax:919-733-WW aep 0 VV zj•» I VA. NC 12 Just North of Buxton in Dart County ENVIRONMENTAL ASSESSMENT AND ?R01NO OF NO STGN1TrICANT IMPACT U, S. DEPARTNMllT OF TRANSPORTATION FEDERAL HIGHWAY ADMINISTRATION AND N. C. DEPARTMENT OF TRANSPORTATION DIVISION OF lUGHWAYS 9,- -7 -7f ?2 . ?' DATE D. Gilmore, P. E,, Maxiugcr Ptoject Development and Environmental ArWysi.s Branch DATE Nich Graf, P. E. .GK Division Adrnjai.Stmwr, FHWA 01/16 190 18:53 N0.480 03/10 NCDOT/P&E BRPNCN Fax:919-733-9794 Sep J y, 4-J . NC 12 Just North of Buxton in Dare County ENVIRONMENTAL ASSESSMENT AND FINDING OF NO SIGNIFICANT IMPACT Septmbcr,1999 Cooperating Agency: USDI, Nationai Ptak Servicc. Documentation Prepared in Project Developmenrand Environmental Analysis Branch By: CAROB ''•. E.SSIp q9 r _ -?'.D1 9 ?- 3 -- 9 9 SEAL ' 19791 Eric Midkiff, P. E. f' ?NCf NE``?•?c?`? Project Development Unit Head "RI C M,??. r0111I 04 01/16 190 18:53 N0.480 04/10 IVI.LV I rise, Drhr4L_n tax •717-1 JJ-7( 7M Jcv V %V t.i ?1J+ i . V-1 T. SUMMARY OF RECOMMENDATIONS The North Carolina Departmmt..of Transportation proposes to reconstruct a 3000 foot long section of NC 12 on Hatteras Island within the Cape Hatteras National Seashore in Dare County just north of Bunton This portion of NC 12 has been washed out by Hurricane Dennis, leaving communities to the south of this area without vital services (cm;rgcncy response) and highway access°to the mainland. The proposed Teconstruetjon will take place to the west of NC 12's original locution because the old roadbed is now. located within the normal tide zone, where reconstruction is no longer possible. II. SUMMARY OF SPECIAL PROJECT COr S All stationary sources of artificial lighting employed during nighttime construction would be positioned or shielded so the fight source is not visible from the Atlantic shoreline. The beach will be constantly Monitored adjacent to the proposed project area and for a distance of 1000 feet north and south of the proposed project area whenever artificial lighting (stationary or mobile, i.e, vehicle headlights) is employed during nighttime construction. If a sea turtle enters the monitored area all sources of artificial illumination would be turned off until any sea turtles have nested, completed egg laying, and returned-into the Atlantic Ocean. During construction all visible asphalt debris from the old roadbed will be manually removed. III. PURPOSE AND NEED OF THE PROPOSED PROJECT . The permanent population of Hatteras Island relies on NC 12 for access to the Dare County mainland. The population of Hatteras Island is nearly 4000, These residents, as well as visitors to Hatteras Island, rely on NC 12 for the delivery of goods and services to the Island Additionally, island residents rely on off island, community services, such as hospitals, emergency responses and waste collection. NC 12 is their only land-based link to the mainland. As such, maintenance of the NC 12 corridor is extremely important to the residents of Hatteras Island. .During the week of August 30- September 3, 1999, Hurricane Dennis hit Hatteras Island and completely washed out a 3000-foot section of NC 12 just north of Buxton. NC 12 provides the only vehicular link for communities south of the washed out roadway northward to the mainland. Currently, this section of NC 12 is impassible to non-four wheel drive vehicles. Many residents and tourists to the south of the wash out are stranded since ferry service off 1rlatteras Island to the south has not been reestablished. The purpose of the proposed project is to restore vehicular access from the northern mainland to communities south of the washed out portion of NC 12. NCDOT 01/16 190 18:54 No.480 05/10 recognizes the need to provide a long-term solution to provide a travel corridor that is less vulnerable to flooding and over wash. The Department is in the process of beginning planning studies based on the Draft Scope of Study. compiled by the Outerbanks Task Force in 1994 and obtaining future funding to.impleulernt a. more long-term solution. Howcver, immediate action is needed in order to restore access to the communities of Buxton, Frisco, and Hatteras for residents and tourists, and to facilitate the delivery of goods, services, and emergency service to areas cut off from normal vehicular access, IV. - Charactcristics of the Existing facility NC 12 is a major collector route coasisting..of a 32-foot paved trnvelway with a 5. foot paved shoulder and 6-foot sand/grass shoulders. NC 12 is located within a 60-foot casement through the Cape Hatteras National Seashore. This easement is granted as a Special Use Perrilit solely for maintevancc of the highway corridor. The speed limit is 55 mph and there is no control of access..In.1998, 8,300 vehicles per day traveled this section of INC 12 on average. Peak season flows are significantly higher than the average dally traffic (AM). Peak season flows are estimated to be about 66% higher than the ADT, This portion of NC 12, however, has been washed out by Hurricane Dennis. The project area consists of overwash sand and pieces of asphalt from the washed out highway. Very little vegetation exists. Additionally, the sand dune system bas bccu washed away by the storm's surge. V. Description of Proposed Action The washed out portion of NC 12 will be reconstructed approximately 100 to 150 feet west of the existing power poles along the west-side of the original alignment of NC 12. The proposed reconstruction is approximately 3000 feet in length and begins just notch of Buxton extending northward_ The proposed typical section consists of two 12- foot travel lanes and 4-foot paved shoulders. Temporary roadway connectors will be established to get between the power poles and provide access to the relocatd portion of NC 12. Standard curve radii will be established at a la tter date. A small sand dune will f formed along the cast side of the proposed project by pushing up existing sand. All reconstruction and sand dune protection would- be confined to anew 60-foot wide corridor. The project cost is S 700,000. It is estimated that the work can be completed in 7 days. Two uoUty poles must be relocated due to the proposed construction. The only impacts associated with the utility pole relocation would be from excavation of the new holes. At the request of the U.S. Fish and Wildlife Service, NCDOT evaluated the installation or several pipes to carry ocean over wash under the new road. It was deterruined the pipes installed at this location would serve no regular hydraulic fumcdo,n 01/16 190 18:54 N0.480 06/10 NUWI/F'6L ISKHNI-i rdx.-VL-V- u-7r?y ••?r ?• - -- and that the pipes would become clogged with sand and rendered useless. Therefore, the pipes will not be installed: The project lies within an Ocean HazcA Area of Environmental Concern (AEC) and is under the jurisdiction of the Noirth Carolina. Division of Coastal Management (DCM). Activities within the Ocean Hazard AEC will require authorization from the DCM under the Coastal MaaagementMt (CAMA). This project Tics within the Cape Hatteras National Seashore. Therefore a Special Use Permit will be requited from the National Park Service. A permit from the LAS Army Corps of Engineers may be required for this project under the provisions of Section-404 of the Clean W atcr Act. A Section 401 Water Quality Certification from the N. C. Division of Water Quality may be required. VI. Alternatives A. No Action The purpose of the proposed project is to .restore vehicular access from the northern mainland to communities south of the washed out portion of NC 12. Existing NC 12 has been washed out dux to Hurricane Dennis. The'Vo Action' alteroative would not serve the purpose of the project to restore access for island inhabitants and tourists. B. Rebuilding NC 12 Along Washed Out Roadbcd Reconstructing. NC, 12 at its original location is no longer feasible. The old roadbed is now part of the normal tide zone. C. Reconstructing Washed Out Portion of NC 12 to the West of Its Original Location (Recommended) This alternative consists of reconstructing a 3000-foot section of NC 12 to the west of its original washed out location, away from the tidal influences of the Atlantic Ocean. This alternative is recommended because it is the only feasible alternative that meets the purpose and need of the project of restoring vehicular and service access to island communities to the south of the washed out area. VI. Social, Economic, and Environmental. Impacts A. Relocation Impacts No relocation of homes or businesses will result from the proposed project. IK.LV I? I wL VI%nl vu I I 0^- of L7 I a.i VI JY B_ Public Facilities 01/16 190 18:54 N0.480 07/10 ?G'+ .. JJ L-/'IJI I . VI No public facilities will be impacted by the proposed project. C. Cultural Resources There are no properties eli.gible.-for or listed on the National Register of Mstoric Places located within *o project affected area. The project area has been reviewed by the State Historic Preservation Office. D. Natural Resources Biotic Communes The existing biotic community is a heavily impacted over wash area consisting of sand deposited from the former dune line and beach by ocean over wash. Vegetation is non-existent with the exception of a few specimens of sea oats (Unlola paniculata). A narrow vegetative fringe surrounds the over wash area. Vegetation in this fringe consists of yaupon (Ilex vomitorla), tatens (Startina taten), and greenbier (Smilax bonanox). The faunal components of this community will be virtmatlly noa-existent because it was deposited so recently. Additionally, the immediate response to construct the proposed project-will not allow sufficient time for organisms to rc- colonize the area. Jwisdicti Tonics One small wetland area will be impacted by the proposed project. The total area of the impacted wetland. is approximately 1700 square feet. The dominant vegetation consists of yaupon (Ilex vomitorla) and tatens (Startlna taten). The project lies within an Ocean Hazard Area of Environmental Concern (AEC) and is under the jurisdiction.-of the North Carolina Division of Coastal Management (DCM). Activities withinihe Ocean .Hazard AEC will requiro authorization from the DCM under the Coastal, Management Act (CAMA)_ This project lies within the Cape Hatteras National Seashore. Therefore a Special Use Permit will be required from the National Park Service. A pemi t from the Us Army Corps of Engineers will be required for this project under the provisions of Section 404 of the Clean Water Act. A Section 401 Water Quality Certification from the N. C. Division of Water Quality will be required. 01/16 190 18:55 N0.480 08/10 Protected -Species Table l lists the federally-protected species for Dare County, Speeics descriptions and biological conclusions= provided:for those species that have the potential for occwzing within: the, project area, Four species potentially occur within the project area. Table 1. Federally-Protected. Species for Dare County 5C ENTIF C NAME Alligator mississippiensis Lanus rufus Caretta earetia Charadrius melodus Chelonia mydas Dermoc•helys• eoriacea Falco peregri=ir Hallaeetus leucacephalus Lepidochelys kempll Pieoides borealia Sterna dougallit Trichechus manarw Amaranthus pumilus CQMLgON NAA9 STAIUS American alligator T (S/A) Red wolf E Loggerhead turtle T Piping plover T green.sea turtle T Ieatherback sea turtle E perc&rine falcon E bald eagle T Kemp's ridley sea turtle E red-cockaded woodpecker E roseate tern E manatee E scabcach amaranth T -E" denotes Endangemd (a species thn is in danger of extinction throughout all or a significant portion of its wage). "I"' denotes Threatened (a specfes that is Rely to became an mdangcmd species within the forsecable future dttougbout all or a significant portion of its range). "T (S/A)" denotes a species that is ?hreniened due to similarity of appearance to Motu federally protected species and is not subject to Section 7 consuitzion, Common Name: Green sea luwe Scientific Name: Chelonia mydas Federal Status: Threatened Usted: July 28, 1978 Characteristics: The green sea turtle is a large marine reptile, weighing 100-295 kg. The smooth, keelless carapace is light-to dark brown with darker mottling and the plastron is light yellow- The head :is fairly-small with a serrated lower jaw, and there is a single claw on each front flipper. There are four pairs of pleural scutes on the carapace, with pone touching the nuchal scute, and a single pair of elongated scales betweenthe eyes. Hatchlings generally have a black carapace, white plastron, and white,markwgs on the.edge of the carapace and flippers. 01/16 190 18:55 N0.480 09/10 ..r. ..V-vv i.vv Distributiou and Habitat: The grecn sea turtle can be found in ,tropical and temperate waters from Massachussets to Mexico on the east.coast of North America, and British Columbia to Baja California on the west coast, as well as Puerto Rico and the U.S. Virgin Islands. Most nesting in the United States takes place on the eastern coast of Florida between volusia and DadeCoumties, though some nests ,have been observed in Puerto Rico and the U.S. Virgin Islands as well. This species shows strong nest-site fidelity, and individuals often migrate long distances to return to a particular beach. The breeding populations in Florida and the Pacific coast of Mexico are listed as Endangered; elsewhere this species is listed as Threatened. Adult green sea turtles arc generally found in shallow water, especially in. lagoons and shoals inside reefs, bays, and inlets where marine grasses and algae arc abundant. Hatchlings are often,seen offshore, in association with floating sargassum seaweed. The diet consists mainly of marine grasses and algae, although mollusks, sponges, crustaceans, and jellyfish may also be-taken. On the east coast of the U.S., the nesting season begins in about June and Iasts until September. Females crawl onto the beach at night and excavate a chamber in the sand, using their hind flippers, in which a clutch o£75-200 eggs is deposited. Incubation takes 48-70 days, and the hatchlings usually.emerge at night. The hatchlings crawl toward the ocean, possibly using illumination off the water and slope of the beach as cues to fwd the water. Little is known about where the youn$ go once they enter the ocean, but evidence suggests that 25.50 years are required to reach sexual maturity, Females only nest every 2-4 years, but may lay seven clutches during a reproductive year, with 9-13 days between clutches. Threats to Species: The primary threats to the green sea turtle are overexploitation of adults and eggs for human food, and loss of nesting habitat (including direct beach loss due to coastal construction and erosion as well as excessive artificial light causing hatehling disorientation after cuterging froze the nest). Other factors that can adversely affect this species include adult mortality from becoming entangled in fishing nets or shrimp trawls and marlae pollution. Distinctive Characteristics: The preen sea turtle is most easily distinguished from al I other sea turtle species by the pair of elongated scales between the eyes, serrated lower jaw, and single claw on each froth flipper. This species can also be distinguished from the Iog$erhead sea turtle because it has four, not five, pairs of pleural scutcs. 01/16 190 18:55 No.480 10/10 Biological Conclusion: No Effect The only two known tur le.nests in. the area have been washed away be the storm. ,Additionally, historic records hzive indicated that there is an extremely low probability of new nests occurring. betftcp.now and the end of the proposed construction (approximately 1 week). Therefore, tho project will have no effect on this species. Common Name: Loggerhead -sea turtle Scientific Name_ Carerta caretta Federal Status: Threatened Listed: July 28, 1978 Characteristics: The loggerhead sea turtle is a large.marine reptile, weighing 170-500 kg. The loggerhead has a large head and blunt, powerful jaws. The carapace. and flippers are reddish-brown and the plastron is-yellow. Three are five pairs of pleural scutes on the carapace, with the fast touching the nuehal scute, Three scutes on each side connect the.carapace and the plastron. Distribution and Habitat; The loggerhead sea turtle is mainlyra tropical and subtropical species, but can be found as far north as Newfbun,dland and as far south as Argentina. Major nesting areas are located in the southeastern United States, eastern Australia, and the Sultanate of Oman. Most nesting in the Unitcd States takes place on the east coast of Florida between Cape:Canaveral and Palm Beach, although the turtles also use suitable beaches as far north as Ocracoke Inlet, North Carolina. This species apparently migrates overlong distances, as tagged individuals have been recaptured 2400 km from the original tagging site. The loggerhead sea turtle is found is a wide variety of habitats, including the open ocean, bays, lagoons, salt marshes, creeks, ship channels, and large river mouths. Hatchlings are often seen in association with floating sargassum seaweed. The diet includes sponges, jcllyfish, mollusks, crustaceans, and fish. Loggerheads often forage. in coral reefs, rocky areas, and shipwrecks. On the east coast ofthe. U.S., the. nesting season begins in about May and lasts until November. Females crawl onto-the beach at night and excavate a charnbez in the sand, using their hind flippers. They lay 64-341 eggs, the average being about 115. These hatch iii. about two months, usually emerging at night. The hatchlings crawl toward the ocean, possibly using illumination off the water and slope of the beach as cues to find the water. Little is known about where tho young go once they enter the ocean, but evidence suggests that 12-30 years are • Iq NCDOT/P&E BRANCH DEM ID: Fax:919-733-9794 CORPS ACTION ID: TIP No. NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #): NW? 14 P. 02 PRE-CONSTRUCTION • NOrZlrl lCATIOlI APPLICATION FOR HATIONWID2 PERMITS THAT REQUIRE: 1) NOTIFICATION TO THE CORPS OF ENGINEERS 2) APPLICATION FOR SECTION 401.CERTIFICATION 3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT SLIM THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL. MANAGEMENT (SEE AGENCY ADDRESSES SHEET). PLZASE PRINT. 1. OWNERS NAME: NC Dopt. of Tranuportation; Projoct Dovolopm®nt a Environmantal Anal sia nranch 2. MAILING ADDRESS: Pont Officm Box 25201 SUBDIVISION NAME: CITY: Ralaigh STATE: tiC• ZIP CODE: 27611 PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING ADDRESS ABOVE): 3. TELEPHONE NUMBER (HOME): Sep 3 '99 17:00 (WORK): 919-733-3141 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: TTilli= D. Gilmora, P.2., tlanager 5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR AERIAL FU070GRAPHY WITH SCALE): COUNTY: Daro NEAREST TOWN OR CITY: Buxton 1 NCDOTiP&E BRANCH Fax:919-733-9794 Sep 3 '99 17:01 P.03 SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): A 30001 soction of NC 12 north of Buxton 6. IMPACTED OR NEAREST STREAM/RIVER: Atlantic OcOan and Pamlico Sound RIVER BASIN: N/A 7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER (SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER SUPPLY (WS-I OR WS-II)? YES [X) NO [] IF YES, EXPLAIN: Tho Atlantic Ocoan and Pamlico sound are both tidal saltrrator. 7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)?YES[X) NO[ l 7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION? Public Highway, Cape Hattoraa:National Saaahoro 8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY? YES [ ) NO [X) IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION): No. 8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE? YES [) NO [) IF YES, DESCRIBE ANTICIPATED WORK: Additional relocation of NC 12 is candor long-to= otudy. 9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: N/A 9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: 2 ' NCDOTiP&E BRANCH Fax:919-733-9794 Sep 3 '99 17 02 P.04 10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: FILLING: 0.039 Acre EXCAVATION: FLOODING: OTHER: DRAINAGE: TOTAL ACRES TO 82 IMPACTED: 0.039 10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION) : LENGTH BEFORE: N/A FT_ AFTER: FT ITIDTH BEFORE (based on normal high water contours): FT 17IDTH AFTER: FT AVZRACE DEPTH BEFORE: FT AFTER: FT (2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY) OPEN CHANNEL RELOCATION: N/A PLACEMENT OF PIPE IN CHANNEL: CHANNEL EXCAVATION: CONSTRUCTION OF A DAM/FLOODING: OTHER: . 11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED DRAINING TO THE POND? WHAT IS THE EXPECTED POND SURFACE AREA? 12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: 8 1/2" X 11" DRAWINGS ONLY): Reconstruct/roloeato NC 12 udi road construction o i mont 13. PURPOSE OF PROPOSED WORK: _ Roconsstruct/relocata NC 12 following hurricane dame o; Fadoral Disas;tor Araa. 3 14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS): NCDOTiP&E BRANCH Fax:919-733-9794 Sep 3 '99 17:02 P.05 Roadbod cannot bo roconstructod on for=or location duck to ahorolino ©rosion impacts'to wotlands ar© unavoidoblo becauao thoy artist adjacent to tho formor roadway where the now roadbad must bo constructod. 15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE (USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED: Sopt©mber 3, 1999 (USM13 and IDWS)(ATTACH RESPONSES FROM THESE AGENCIES.) 16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER (SHPO) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED: August 4, 1999 17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF PUBLIC (STATE) LAND? YES [XI NO () (IF NO, GO TO 18) a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT? YES [X] NO [I b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE? • YES [I NO [X1 IF ANSWER TO 17b IS YES, THEN SUBMIT-APPROPRIATE DOCUMENTATION FROM THE STATE CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT. QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH, NORTH CAROLINA 27603-8003, TELEPHONE (919) 733-6369. 4 18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL INTO WETLANDS: NCDOTiP&E BRANCH Fax:919-733-9794 Sep 3 '99 17:03 P.06 a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26, 29, AND 38). ALL STREAMS (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OR 1 INCH EQUALS 100 FEET OR THEIR EQUIVALENT. b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY PROJECT. 0. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE. d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED. e. WHAT IS LAND USE OF SURROUNDING PROPERTY? Cape Hattoras National Soaahoro £. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? N/A g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE. NOTZ: SHETLANDS OR HATERS OF THE U: S`. .MAY NOT 13E IMPACTED PRIOR TO: 1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT, 2) EITHER THE ISSUANCR OR TAZVER OF A 401 DIVISION OF ENVIRONMENTAL MANAGEMENT (IMTER QUALITY) CERTIB'xCATION, AND 3) (IN TRW TFI=TY COASTAL COU1N27ES ONLY) , A LETTER FROM THE NORTH CAROLINA DIVISION Or COASTAL MWMGEMENT STATING THE PROPOSED ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT PROGRAM. OWNER S/AGEN 'S SIGNATURE 3 'DA TE (AGENT'S SIGNATURE VALID ONLY IF AUTHORIZATION LETTER FROM THE OWNER IS PROVIDED (18g.)) 5 NCDOT/P&E BRANCH LNDANUM 3PSCIRS• Fax:919-733-9794 Sep 3 '99 17:04 P.07 V.S. FISH AND WILDLIFE SERVICE RALEIGH FIELD OFFICE P.O. BOX 33726 RALEIGH, NC 27636-3726 TELEPHONE (919) 856-4520 HTaTORIC RYSoaxczs: AGENCY ADDRESSES NATIONAL MARINE FISHERIES SERVICE HABITAT CONSERVATION'DIVISICN PIVERS ISLAND BEAUFORT, NC 28516 TELEPHONE (919) 728-5090 STATE HISTORIC PRESERVATION OFFICE H,C. DIVISION OF ARCHIVES AND HISTORY 109 EAST JONES STREET RALEIGH, NC 27601 TELEPHONE (919) 733-4763 ATATZ REGM ATORT ACSR)CIYa: MR. JOHN DORNEY DIVISION OF .ENVIRONMENTAL MANAGEMNT NORTH CAROLINA DEPARTMENT OF ENVIRONfMiT, HEALTH, AND NATURAL RESOURCES 4401 REEDY CREEK ROAD RALEIGH, NORTH CAROLINA 27607 TELEPHONE (919) 733-1786 corms or BNGnmr" rxrLD OgPICEa: RALEIGH REGULATORY FIELD OFFICE OS ARMY CORPS OF ENGINEERS 6508 FALLS OF THE NEUSE ROAD, SUITE 120 RALEIGH, NC 27615 TELEPHONE (919) 876-8441 WASHINGTON REGULATORY FIELD OFFICE US ARMY CORPS OF E14CIlTEERS POST OFFICE BOX 1000 WASHINGTON, NO 27889-1000 TELEPHONE (919) 975-1616 V.S. 8'ISH AND WILDLIFE SERVICE ASHEVILLE FIELD OFFICE 160 ZILLICOA STREET ASHEVILLE, NC 28801 TELEPHONE(704)665-1195 MR, STEVE BENTON DIVISION OF COASTAL MANAGEMENT NORTH CAROLINA DEPARTMENT OF EIJVIRONMENT, HEALTH, AND NATURAL RESOURCES POST OFFICE BOX 27687 RALEIGMi, NORTS CAROLINA 27611-7687 TELEPHONE (919) 733-2293 A (919) 733-1195 ASHEVILLE REGULATORY FIELD OFFICE OS ARHY CORPS OF ENGINEERS 251 PATTON AVENUE, ROOM 143 ASHEVILLE, NC 26801-5006 TELEPHONE (704) 271-4854 WILMINGTON REGULATORY FIELD OFFICE US ARMY CORPS OF ENGINEERS POST OFFICE BOX 1690 WILMINGTON, 11C 28402.1890 TELEPHONE (910) 251-4511 P. 01 TRANSACTION REPORT SEP-03-1999 FRI 05;07 PM RECEIVE DATE START SENDER RX TIME PAGES TYPE NOTE M# DP SEP-03 05:03 PM 919 733 9794 422" 7 RECEIVE OK ?c ?c