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19991212 Ver 1_Complete File_19991105
r State of North Carolina Department of Environment and Natural Resources; • " Division of Water Quality James B. Hunt, Jr., Governor NCDENR Bill Holman, Secretary Kerr T. Stevens, Director February 23, 2000 Beaufort County DWQ Project No. 991212 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: You have our approval, in accordance with the attached conditions and those listed below, to place till material permanently in 0.014 acres ofjurisdictional wetlands and temporarily in 0.37 acres of jurisdictional wetlands. Furthermore, you are authorized to excavate in 0.30 acres of jurisdictional wetlands, and clearinf using mechanized equipment 0.052 acres of jurisdictional wetlands. The purpose of the project is to construct Bridge No. 63 over Cuckold's Creek in Beaufort County. The project shall be constructed in accordance with your application dated August 20, 1999. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3112. This certification corresponds to the Regional Permit Number 198000291 issued by the Corps of Engineers, and CAMA Major Permit issued by the Division of Coastal Management. 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 thereby 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 that conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing. 1621 Mail Service Center, Raleigh, North Carolina 27699-1621 Telephone 919-733-5083 FAX 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper 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. Attachments: Permit Application General Conditions cc: Wilmington District Corps of Engineers Corps of Engineers Washington Field Office Washington DWQ Regional Office Cathy Brittingham, DCM Central Files Sincerely, tevens clncdot\TIP B-2806\wqc\991212wgc.doc GENERAL CERTIFICATION FOR PROJECT ELIGIBLE FOR CORPS OF ENGINEERS GENERAL PERMIT NUMBER 198000291 (ISSUED TO NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT) This General Certification is issued in conformity with requirement of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality Regulations in 15 NCAC 2H, Section .0500 and 15 NCAC 2B .0200 for the discharge of fill material as described in General Permit 198000291. This Certification replaces Water Quality Certification Number 3025 issued on September 6, 1995. This WQC is rescinded when the Corps of Engineers reauthorizes Regional General Permit 0291 or when deemed appropriate by the Director of DWQ. The State of North Carolina certifies that the specified category of activity will not violate applicable portions of Sections 301, 302, 303, 306 and 307 of the.Public Laws 92-500 and 95-217 if conducted in accordance with conditions hereinafter set forth. Conditions of Certification: 1. Activities authorized by CAMA major permits require written concurrence from the Division of Water Quality as well as compliance with all conditions of this General Certification; 2. Activities authorized by Coastal Area Management Act (CAMA) minor permits do not require written authorization from the Division of Water Quality as long as they comply with all other conditions of this General Certification; 3. Appropriate sediment and erosion control practices that equal or exceed those outlined in the most recent edition of the "North Carolina Sediment and Erosion Control Planning and of 3 02/23/2000 3:13 PM Design Manual" or the "North Carolina Surface Mining Manual" (available from the Division of Land Resources in the DEHNR Regional or Central Offices) shall be utilized to prevent exceedances of the appropriate turbidity water quality standard (50 NTUs in freshwater streams and rivers; 25 NTUs in all saltwater classes, and all lakes and reservoirs); 4. All sediment and erosion control measures placed in wetlands or waters shall be removed and the natural grade restored after the Division of Land Resources has released the project; 5. If an environmental document is required, this Certification is not valid until a FONSI or ROD is issued by the State Clearinghouse; 6. Measures shall be taken to prevent live or fresh concrete from coming into contact with waters of the state until the concrete has hardened; 7. Additional site-specific conditions may be added to projects which have applied for CAMA major permits which are proposed under this Certification in order to ensure compliance with all applicable water quality and effluent standards; Violation of the conditions herein set forth by a specific project shall result in revocation of the Certification for that project and may also result in criminal and/or civil penalties. The Director of the North Carolina Division of Water Quality may require submission of a formal application for individual certification for any project in this category that, in his judgement, poses a threat of significant adverse impact on water quality or remove the existing uses of the wetland or downstream waters. Public hearings may be held for specific applications or groups of of 3 02/23/2000 3:13 PM applications prior to a certification decision if such hearings are deemed to be in the public's best interest by the Director of the North Carolina Division of Water Quality. Effective date: 11 February 1997. DIVISION OF WATER QUALITY By A. Preston Howard, Jr. P.E., Director gencert.291 WQC# 3112 of 3 02/23/2000 3:13 PM NCDENR JAMES B. HUNT JR. GOVERNOR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF COASTAL MANAGEMENT 2 November 1999 MEMORANDUM TO: Mr. John R. Dorney, Environmental Biological Supervisor Division of Water Quality 9 FROM: Doug Huggett "'? Major Permits Processing Coordinator j- SUBJECT: CAMA/Dredge and Fill Permit Application Review Applicant: North Carolina Department of Transportation Project Location: Bridge No. 63 over Cockold's Creek on US 264 & NC 92 near Belhaven in Beaufort County, North Carolina Proposed Project: To replace and existing bridge with a 200 foot long by 40 foot wide bridge and construct a temporary detour bridge. Please indicate below your position or viewpoint on the proposed project and return this form by 23 November 1999. If you have any questions regarding the proposed project, please contact Tracey Wheeler 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 Z WASHINGTON REGIONAL OFFICE 943 WASHINGTON SQUARE MALL, WASHINGTON, NC 27889 PHONE 252-946-6481 FAX 252-975-3716 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/1 Oq POST-CONSUMER PAPER 00 T M m yN I ol T ?0L C '1 N ? 0 0 T r Om X C Q 7v m Z N 1 -98-2775705-f 460-69' rn? Z A 1 ? gg rn N N a? + A ti o€ N ? am +A o82 ?r y ?3s 131r a? 6N 1 r sN P T. 1 Qa I 1 ?? ? d # I 1 ` 1 1 1 I I II T a J!+U?y a eZ eZ t? ti e •o II 195.69' B1 'OS BS'Y9• ? Till m G I? ?I r T !J X I C4 y?r m m?Fi->i m Lf NiN C4 s s 1+ N ? - 0 O ? b ? m a ? ? ca m£f:i? a m -?r G s I Q ? W N x 12 •lF m t a_ n? ? M aa G ? N N g T M A I b p Cb Q tb E? b m a m N m 2 W R N? N Yt .9Y,LLYLN .. L ? N Z7 IU OOOiii mm p Z g ? 6 q ?8 r °t O4_ JANICE Y. ELLEGOR D• Ap - ?G •i woo L52 AM 17UD N 7' W' sac p7 ?P7 ^ ? t 1 (~7 ti s E z •zo.es N 7• - zlo.oo• so.00' 1100.00' • ?/, Ipp,pp?llpq,. III t a? r ? 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E M lltlt?Ia MEMORANDUM TO: S613JECT: John Dorney Non-Discharge Branch Regional Contact: Brad Shaver WO Supervisor: Roger Thorpe Date: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name NCDOT, Bridge 63, US 264 & NC 92 Project Number 99 1212 Recvd From DCM Received Date 11/5/99 Recvd By Region 11/3/99 Project Type bridge replacement County Brunswick County2 Region Wilmington Certificates Stream Stream Impacts (ft.) Permit Wetland Wetland Wetland Stream Class Acres Feet Type Type Impact Score Index Prim. Supp. Basin Req. Req. 00 CAMA ?'? O Y _0N F__ 29-34-34-3 SC NSW 30,307. 1.40 F- CAMA Waters O Y _@N F--F-F-r-F- 0.13 F- ? r- Mitigation Wetland MitigationType Type Acres Feet I F_ I F_ OLA Is Wetland Rating Sheet Attached? Q Y .O N Did you request more info? QQ Y O N Have Project Changes/Conditions Been Discussed With Applicant? Q Y QQ N Is Mitigation required? Q Y (0 N "n1 ow '"n U Recommendation: Q issue O Issue/fond O Deny Provided by Region: Latitude (ddmmss) 353250 Longitude (ddmmss) 763756 Comments: HOLD cc: Regional Office Page Number 1 Central Office Facility Name NCDOT, Bridge 63, US 264 & NC 92 County Brunswick Project Number 99 1212 Regional Contact: Date: Brad Shaver 'w Comments (continued from page 1): cc: Regional Office Page Number 2 Central Office HOLD Project ubject: HOLD Project Date: Mon, 13 Dec 1999 14:01:01 -0500 From: Brad Shaver <Brad.Shaver@ncmail.net> To: Cyndi Bell <cyndi.bell@ncmail.net> Cyndi, The Washington Regionan office would like to put project No. 99-1212 on hold for additional information. The project looks like it could be draining wetland acerage and we would like DOT to prove otherwise. I spoke with John H. this morning and he said go ahead and put it on hold for additional info, so here it is. All comments are in the filemaker pro system. Also this project is listed as a project in Wilmington and Brunswick Co. when it actually is in the Washington Region and Beaufort County. Sounds like I will see you Wednesday, Brad 101'1 12/20/99 8:52 AM DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: NC Department of Transportation 2. LOCATION OF PROJECT SITE: Bridge No. 63 in Beaufort County on US 264-NC 92 at the Cuckold's Creek crossing near Belhaven, North Carolina Photo Index - 1995: 120-1302;T13&T14, U-14 1989: NA State Plane Coordinates - X: 2,700,100 Y: 671,500 :. „ Pantego Quadrangle Upper Right 3. INVESTIGATION TYPE: CAMA/D&F J 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 10/22/99 Was Applicant Present -YES 5. PROCESSING PROCEDURE: Application Received - 10/22/99 Office - Washington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Beaufort County Land Classification From LUP - Community (Land) Conservation (Water, Wetlands) (B) AEC(s) Involved: PTA,CW (C) Water Dependent: YES (D) Intended Use: Public (E) Wastewater Treatment: Existing - N/A Planned -N/A (F) Type of Structures: Existing - 2 Lane Bridge Planned - 2 Lane Bridge (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DRFDGIRT) FIT.T .FTI f1TTTR1? (A) Vegetated Wetlands 7,905 ft2 (perm) 5,180 ft2 (temp) 610 ft2 (perm) 16,117 ft2 (temp) (B) Non-Vegetated Wetlands 217 ft2 5,480 ft2 Creek bottom shaded b bridge (C) Other 800 ft2 (perm) Uplands 26,250 ft2 (temp) (D) Total Area Disturbed: 62,559 ft2, 1.4 ac (E) Primary Nursery Area: No (F) Water Classification: SC NSW Open: No 8. PROJECT SUMMARY: The applicant proposes to replace a ± 189' long by ±27' wide bridge with a ±200' long by ±40 ft wide bridge and construct a temporary detour bridge. w NCDOT Bridge #63 Beaufort County Project Setting The North Carolina Department of Transportation (NCDOT) proposes to replace Bridge #63 located on US 264 and NC 92 over Cuckold's Creek between Belhaven and Pantego in Beaufort County, North Carolina. The bridge is oriented north-south, and the proposed construction will take place on the downstream (west) side of the bridge. Most wetlands in the project area occur in an area between the railroad bed and the roadbed of the previous alignment of highway 264. The wetlands in the project area have been delineated as 404 wetlands by NCDOT but the delineation has not been approved by the US Army Corps of Engineers. The upstream (east) side of the bridge is undeveloped. The uplands are wooded and transition to wooded wetlands then to an herbaceous wetland fringe as the elevation changes close to the creek. Immediately upstream of the bridge, Cuckolds Creek has been channelized for agricultural drainage. Adjacent to the downstream side of the bridge is an abandoned roadbed with remnant asphalt visible along its alignment. Upland grasses vegetate the old road shoulders and areas where the asphalt is no longer present. The old roadbed and associated shoulder area is approximately 30 feet wide. The edges of the creek on the south side are vegetated by a fringe of herbaceous wetland species including arrow arum, sawgrass, cattails and bultongue. There is an area of wooded wetland vegetated with myrtle, gum, and maple trees, shrubs, and catbrier landward of the marsh fringe. Continuing farther landward, the site quickly rises in elevation and becomes vegetated with upland grasses. A majority of the wetland impacts will occur on the northwest side of the bridge. The north side of the bridge is also bordered by a fringe of herbaceous wetland species including arrow arum, sawgrass, cattails and bultongue. There is a small area of wooded wetland vegetated with myrtle, gum, and maple trees, shrubs, and catbrier. There is a low area approximately 258' long and 50' wide, between the abandoned road and the railroad tracks, densely vegetated with Coastal Wetland species including sawgrass ( i m iamaicen .e) and cattail (Ivnha sp.). The elevation increases at the edge of a remnant road bed and transitions to upland grass species. Asphalt from the old road is visible in areas. The navigable water depth at the existing bridge is ±8.5' Cuckolds Creek is ±1 40' wide at the existing bridge crossing. All of the existing bridge bents are in the creek proper. Navigation is limited by the bent configuration of the existing bridge, and the temporary structure will not further impede navigation. The proposed bridge will increase navigability upstream because there will be fewer bents in the creek. Cuckolds Creek is classified as SC-NSW by the Environmental Management Commission and is not open to shell fishing at this location. w Project Description The NCDOT proposes to replace an existing ±27 ` wide by ±189' long two lane bridge over Cuckolds Creek with a ±40' wide by ±200' long two lane bridge and to construct a ±24' wide by ±165' long temporary detour bridge. The existing bridge has eleven bents in Cuckolds Creek evenly spaced across the creek. The creek is ±140' wide at the crossing. The proposed bridge will have three bents in the creek with the center bent approximately in the center of the creek. The existing bridge has a navigation clearance of ±6' and the proposed bridge will have a navigational clearance of ±6'. A temporary detour bridge will be constructed on the downstream side of the existing bridge between the bridge and the railway. The proposed detour will be removed upon completion of the permanent structure, and the impacted area will be returned to preproject contours and elevations. NCDOT proposes to temporarily fill ±2,100 ft2 of 404 wetlands and ± 14,017 ft2 of Coastal Wetlands to construct the temporary detour structure and its associated approaches. Approximately 5,180 ft2 of Coastal Wetlands will be excavated for the construction of drainage ditches adjacent to the detour structure. These temporary impacts will be restored upon completion of the permanent bridge. Construction of the replacement bridge will result in the permanent filling of ±75 ft2 of 404 wetlands and ±535 ft2 of Coastal Wetlands immediately adjacent to the existing structure. Construction of permanent drainage ditches will result in excavation of ±2,100 ft2 of 404 wetlands and ±5,805 ft2 Coastal Wetlands. Approximately 26,250 ft2 of highground will be temporarily filled during construction of the detour structure, and ±800 ft2 of highground will be permanently filled during construction of the replacement bridge. Anticipated Impacts Construction of the detour structure will result in temporary impacts that will be restored upon completion of the replacement bridge. Approximately ±2,100 ft2 of 404 wetlands and ± 14,017 ft2 of Coastal Wetlands will be filled to construct the temporary detour structure. Temporary ditch construction will result in the excavation of approximately 5,180 ft2 of Coastal Wetlands. Approximately 26,250 ft2 of highground will be filled during construction of the detour structure. These impacts will be temporary, and the effected areas will be returned to preproject contours and elevations upon completion of the permanent replacement bridge. Construction of the replacement bridge will result in the permanent filling of ±75 ft2 of 404 wetlands and ±535 ft2 of Coastal Wetlands adjacent to the existing structure. Permanent drainage ditches will be constructed in the area that will be impacted by the temporary detour structure, and will result in the excavation of ±2,100 ft2 of 404 wetlands and ±5,805 ft2 Coastal Wetlands. Approximately 800 ft2 of highground will be filled during construction of the replacement bridge. Construction of the new bridge will result in the shading of 5,480 ft2 of creek bottom. Turbidity from construction activities will vary with construction technique, water depth and substrate type, and will temporary. The net impact of the proposed bridge replacement is the permanent loss of ±2,175 ft 2 of 404 wetlands and ±6,340 ft2 of Coastal Wetlands that will be filled or excavated. Approximately 5,480 ft2 of creek bottom will be shaded by the replacement bridge. Tracey L. Wheeler - 29 October 1999 e^` sWr o? 'A STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. P.O. Box 25201, RALEIGH, NE. 27611-5201 DAVID MCCOY GOVERNOR 20 August 1999 Department of Environment and Natural Resources Division of Coastal Management 54 Washington Square Mall Washington, North Carolina 27889 TO: Mr. Terry Moore ATTENTION: Ms. Tracey L. Wheeler SECRErARY SUBJECT: Proposed replacement of Bridge No. 63 over Cuckold's Creek on US 264-NC 99 in Beaufort County; Federal Aid Project No. BRSTP-264 (7); State Project No. 8.1150901; T.I.P. No. B-2806. This letter is in reference to your correspondence dated 2 July 1999. The following information is provided to address your concerns relating to the permit application. To review, the North Carolina Department of Transportation (NCDOT) proposes to replace Bridge No. 63 over Cuckold's Creek on US 264-NC 99 in Beaufort County. The proposed project will involve replacing the existing bridge on existing location with a bridge approximately 62 meters (200 feet) long and 12 meters (40 feet) wide comprised of a 7.2 meter (24 foot) travelway with 2.4 meter (8 foot) shoulders on each side. Traffic will be maintained on-site with a temporary detour structure located between the existing roadway and the railway. The detour bridge will be approximately 51 meters (165 feet) long and 7.3 meters (24 feet) wide. This project was approved as a Categorical Exclusion (CE) on 18 September 1997. In order to minimize the temporary wetland impact, reference elevations will be taken in the fill area prior to construction. The area will then be restored to its original contour and rough surface texture based on the reference elevations. The area is expected to recover naturally since the topsoil and seed source will not be removed. Aside from standard erosion control measures, no additional planting is proposed. Placement of the temporary fill is expected to last thirteen months, from 1 March 2000 to 31 March 2001. Construction will be scheduled to avoid instream activities during the spring months (April 1 - June 15) to minimize impacts to anadromous fish. The following information addresses your concerns as they were listed in the 2 July 1999 letter: The construction of this project is expected to temporarily impact 0.49 acre of wetlands due to the temporary detour and permanently impact 0.194 acre of wetlands. Impacts to surface waters will be limited to the placement of pilings necessary to support the temporary and new bridges, totaling less than 0.001 acre. • The existing approaches associated with the existing bridge will be returned to the original contours and elevations. Construction of the temporary detour structure does involve work outside of NCDOT's R/W. NCDOT is currently negotiating for a temporary construction easement with Norfolk and Southern Railroad that will allow us to do work outside of our R/W. As is typical with RR easements, the agreement will likely be finalized a few months before the project goes to construction; therefore, we do not have an agreement at this time. • The CE states that disturbance to surface waters will be high because it provides an estimate based on the worst case scenario. Actual disturbance will be limited to the placement of pilings necessary to support the temporary and new bridges, totaling less than 0.001 acre. • Wetland boundaries are clearly shown on the plats. Please contact Lynn Smith if there is any confusion regarding the boundaries. Except for the riprap, approximately 80% of the upland fill is along the downstream side of the road. The remaining 20% is along the upstream side of the road. I have included a set of cross-sections that show the location for the placement of upland fill. • DCM-MP-1 4.1. A Routine Wetland Determination form was filled out on 30 July 1999 and is included. The USCOE has not signed off on the delineation, however NCDOT rarely obtains USACE verification for wetland delineations of this size. 5. Property owners are listed on the plats. They are represented by a circle with a number inside, and they correspond to property owners listed on Sheet 2 of 8. The certified mail receipts are included. The area listed as NCDOT property lies between US 264-NC 99 and the railroad. I have removed NCDOT from the adjacent property owners list. A statement of compliance with the NC Environmental Policy Act (N.C.G.S. I 13A-I to 10) was not included, because the subject project is classified as a Categorical Exclusion, and is subject to the Nationwide Permit Provisions of 33 CFR 33-.5 (A) 23. This permit authorizes any activities, work and discharges undertaken, assisted, authorized, regulated, funded or financed, in whole or in part, by another federal agency which has determined, pursuant to the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of the National Environmental Policy Act that the activity is "categorically excluded" from environmental documentation because it is included within a category of actions which neither individually or cumulatively have a significant effect on the environment. • DCM-MP-5 I .n. A Coast Guard permit is not required, because Cuckold's Creek is not used by recreational, fishing or other small boats greater than 21 feet in length. Please see included documentation. 3.b. The original plats attempted to segregate impacts associated with the temporary bridge from those of the permanent structure. Unfortunately, this caused some confusion due to an overlap in the temporary and permanent impacts. Sheet 5 of 8 has been revised to show the extent of each type of impact, excluding any overlap. Please note the wetland impacts as listed in the original application on Sheet 3 of 10 have not changed. 3.d(1) NCDOT has an agreement with the contractor that requires him to choose an upland site. Since choosing the disposal site is the responsibility of the contractor, NCDOT does not claim title to the disposal area, and we do not have a letter granting permission from the owner. NCDOT requests that the proposed work be authorized under a Coastal Area Management Act (CAMA) Major Development Permit. Enclosed is a permit application, revised permit drawings, the CE document, a memo regarding sensitive jointvetch, certified mail receipts, a Routine Wetland Determination form, a letter from the Federal Highway Administration regarding the Coast Guard, and a check for $250.00. By copy of this letter, we are also requesting issuance of a United States Army Corps of Engineers NWP 23 and a 401 Water Quality Certification from the North Carolina Division of Water Quality. If you have any additional questions or concerns, please contact Lynn Smith at (919) 733-0374. Thank you for your prompt attention to this request. Sincerely, 4 C, XIt- William D. Gilmore, P.E. Manager Project Development and Environmental Analysis VCB/als w/ attachment Mr. John Parker, NCDENR, Division of Coastal Management Mr. Michael Bell, COE, Washington Mr. David Franklin, COE, Wilmington Mr. John Dorney, NCDENR, Division of Water Quality Mr. Debbie Barbour, P.E., Roadway Design Mr. Calvin Leggett, P.E., Program Development Mr. Len Hill, P.E., Highway Design Mr. A. L. Hankins, P.E., Hydraulics Mr. William Rogers, P.E., Structure Design Mr. C.E. Lassiter, Jr., P.E., Division 2 Engineer Mr. Doug Huggett, DCM, Raleigh Mr. Raleigh Bland, COE, Washington FORM DCM-MP-1 APPLICATION (To be completed by all applicants) 1. APPLICANT a. b Landowner: Name N.C. Dept. of Transportation Address P. O. Box 25201 City _Raleigh State NC Zip 27611 Day Phone (919) 733-3141 Fax (919) 733-9794 Authorized Agent: Name N/A Address City _ State Zip Day Phone Fax C. Project name (if any) TIP No. B-2806 Note: Permit will be issued in name of landowner(s), and/or project name. 2. LOCATION OF PROPOSED PROJECT a. County Beaufort b. City, town, community or landmark Between Pantego and Belhaven C. Street address or secondary road number US 264/NC 99 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) Cuckolds Creek 3. DESCRIPTION & 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. Remove and replace bridge no 63 over Cuckolds Creek and install temporary Detour bridge b. Is the proposed activity maintenance or an existing project, new work, or both? Both C. Will the project be for public, private or commercial use? Public Highway 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. Replace existing bridge Revised 03/95 1' FORM DCM-MP-1 4. LAND AND WATER CHARACTERISTICS Size of entire tract N/A b. C. d. e. f.. 9. h. Size of individual lot(s) N/A Approximate elevation of tract above MHW or NWL 3 feet Soil type(s) and texture(s) of tract Fine sandy loam and muck Vegetation on tract Satvgrass. cattails. ]n ume as and pank grass Man-made features now on tract Bridge What is the CAMA Land Use Plan land classification of the site? (Consult the local land use plan.) Conservation Transitional _ Developed X Community _ X Rural Other How is the tract zoned by local government? Area is not zoned 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? _ Yes X No If yes, by whom? k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes ._ No 1. Are there wetlands on the site? Yes _ No Coastal (marsh) X Other _ If yes, has a delineation been conducted? Yes (Attach documentation, if available) in. 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 runoff from existing highway. o. Describe existing drinking water supply source. N/A 5 ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. * An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale in black ink on an 8 1/2" by 11" white paper. (Refer to Coastal Resources Commission Rule 710203 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 Revised 03/95 FORM DCM-MP-1 site. Include highway or secondary road (SR) number, landmarks, and the like. * A Stormwater Certification, if one is necessary. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Upon signing this form, the applicant further certifies that such notice has been provided. Name See Attached Sheet 2 of 8 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. * A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. * A signed AEC hazard notice for projects in oceanfront and inlet areas. * A statement of compliance with the N. C. Environmental Policy Act (N.C.G.S. 113A-1 to 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 6. CERTIFICATION AND 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 -3L day of 4 t-4, N^'SV 19 G fi. Print Name William D. Gilmore. P.E. b ?a,,? Signature Landowner or Authorized Agent Please indicate attachments pertaining to your proposed project. _ DCM MP-2 Excavation and Fill Information DCM MP-3 Upland Development _ DCM MP-4 Structures Information X DCM MP-5 Bridges and Culverts - DCM MP-6 Marina Development NOTE: Please sign and date each attachment in the space provided at the bottom of each form. Revised 03/95 Form DCM-MP-5 BRIDGES AND CULVERTS' Attach this form to Joint Application for CA?VIA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. (4) Will all, or a part of, the existing culvert be removed? (Explain) g. Length of proposed bridge 200 feet 1. BRIDGES h. Width of proposed bridge 40 feet a. Public X_ Private i. Height of proposed bridge above wetlands b. Type of bridge (construction material) N/A Cored slab., concrete j. Will the proposed bridge affect existing water flow? Yes X No C. Water body to be crossed by bridge Cuckolds Creek If yes, explain d. Water depth at the proposed crossing at MLW or NWL 8.5 feet k. Navigation clearance underneath proposed bridge e. Will proposed bridge replace an existing bridge? 6 feet _X Yes No If yes, 1. Will the proposed bridge affect navigation by (1) Length of existing bridge 189 feet reducing or increasing the existing navigable (2) Width of existing bridge 27 feet opening? X_ Yes No (3) Navigation clearance underneath existing If yes, explain Navigability will be increased bridge 6 feet because there will be fewer bents in the (4) Will all, or a part of, the existing bridge be navigable portion of the creek removed? (Explain) All M. Will the proposed bridge cross wetlands containing no navigable waters? Yes _X No f. Will proposed bridge replace an existing culvert(s)? If yes, explain Yes X_ No If yes, (1) Length of existing culvert (2) Width of existing culvert (3) Height of the top of the existing culvert above n. Have you contacted the U. S. Coast Guard the MHW or NWL concerning their approval? Yes X No If yes, please provide record of their action. Please see Attachment. Revised 03/95 Form DCM-MP-5 j. Will the proposed culvert affect existing navigation 2. CULVERTS N/A potential? Yes No If yes, explain a. Water body in which culvert is to be placed b. Number of culverts proposed 3. EXCAVATION AND FILL C. Type of culvert (construction material, style) a. Will the placement of the proposed bridge or culvert require any excavation below the MHW or NWL? Yes X No d. Will proposed culvert replace an existing bridge? If yes, Yes No (1) Length of area to be excavated If yes, (2) Width of area to be excavated (1) Length of existing bridge (3) Depth of area to be excavated (2) Width of existing bridge (4) Amount of material to be excavated in cubic (3) Navigation clearance underneath existing yards bridge (4) Will all, or a part of, the existing bridge be b. Will the placement of the proposed bridge or culvert removed? (Explain) require any excavation within: X Coastal Wetlands _ SAVs _ Other Wetlands If yes, Temp./Perm. (1) Length of area to be excavated 370'1465' e. Will proposed culvert replace an existing culvert? (2) Width of area to be excavated 14117' Yes No (3) Depth of area to be excavated 22 2' If yes, (4) Amount of material to be excavated in cubic (1) Length of existing culvert yards Temp: 412 c.y.: Perm 712 c y (2) Width of existing culvert c. Will the placement of the proposed bridge of culvert (3) Height of the top of the existing culvert above require any highground excavation? the MHW or NWL X_ Yes No (4) Will all, or a part of, the existing culvert be If yes, Perm. removed? (Explain) (1) Length of area to be excavated 200' (2) Width of area to be excavated 7' (3) Amount of material to be excavated in cubic yards 64 c.v. f. Length of proposed culvert d. If the placement of the bridge or culvert involves g. Width of proposed culvert any excavation, please complete the following: (1) Location of the spoil disposal area h. Height of the top of the proposed culvert above the 1-2nroved upland site will be determined by contractor MHW or NWL (2) Dimensions of spoil disposal area N/A i. Will the proposed culvert affect existing water flow? (3) Do you claim title to the disposal area? Yes No Yes _X No If yes, explain If no, attach a letter granting permission from the owner. Revised 03/95 Form DCM-MP-5 (4) Will the disposal area be available for future maintenance?_ Yes -X- 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. 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 3.46' (2) Width of area to be filled 3.46' (3) Purpose of fill Placement of bridge piles for the temporary and new bridges. f. Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d. above) to be placed within: X Coastal Wetlands - SAVs _ Other Wetlands If yes, Temp./Perm. (1) Length of area to be filled 450'/122' (2) Width of area to be filled 35'/ 5' (3) Purpose of fill Roadway for detour structure. 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. highground? X_ Yes No If yes, Temp./Perm. (1) Length of area to be filled 750'1160' (2) Width of area to be filled 35'/ 5' (3) Purpose of fill Detour structure/ Roadway fill and riprap 4. GENERAL a. Will the proposed project involve any mitigation? Yes X No If yes, explain in detail 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? _X Yes No If yes, explain in detail 170 feet tempora bridge. Will the proposed project require any work channels? Yes X No If yes, complete Form DCM-MP-2 How will excavated or fill material be kept on site and erosion controlled? Standard NCDOT Best Management Erosion Control Methods £ What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? Standard roadway construction equipment i.e., trackhoe, dumptruck. motor grader. etc.) 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. Will the placement of the proposed bridge or culvert require any shoreline stabilization? Yes X_ No If yes, explain in detail _ NCDOT: TIP Number B-2806 Applicant or Project Name Signature q (3 1 Date Revised 03/95 '7 %? ? P A N T\ E G O i PANTEGO I• . ; PM. 171 y?1.. S W A M P BELMAVB" VICINITY MAPA S N. C. DEPT. OF TRANSPORTATION DIVISION OF HIGHWAYS BEAUFORT COUNTY PROJECT: 8.1150901 (B-2806) BRIDGE NO. 63 OVER CUCKOLDS CREEK AND APPROCHES ON US 264 - NC 99 SHEET OF 8 7/9'99 PROPERTY OWNERS NAMES AND ADDRESSES PARCEL NO. NAMES ADDRESSES 0 0 0 MICHELINE WATTS P.O. BOX 224 EAST MORICHES, NY 11940 NORFOLK AND SOUTHERN RAILROAD THREE ?oMti?ERCifl1_ PLfiorz- No?FoLlc-, Vfl• '23510 FREDIE W. BINGHAM P.O. BOX 507 BATH, NY 14810 EDWIN M. RICKS BRINDA A. WARD I?lease? see Shee-? 5 y and `? o ?' ? -fb see ?e to ?a?ion o-y-\d rxo ne r oLve kdenb lecl by Me pare 0 nurv\bt.)r l saedd abc t . P.O. BOX 310 PANTEGO, NC 27860 537 PAMLICO ST. BELHAVEN, NC 27810 N. C. DEPT. OF TRANSPORTATION DIVISION OF HIGHWAYS BEAUFORT COUNTY PROJECT: 8.1150901 (B-2806) BRIDGE NO. 65 OVER CUCKOLDS CREEK AND APPROACHES ON US 264 - NC 99 SHEET 2 OF 8 > o ? 4 -4 00 11 o ? n :3 N Cl) -0 -n m ° Z m 0 ;u n 0 O v ? m OD - m v? Dp-i fi o ?ZO m O o o - n --j O -A = X D O ? _C ) c _ Z D0 9 CA o o ? -4 rn a D O Z ::3 o :3 En o z cn J J V (r ? N O d N 0• (7i O r" A ^^ lG O ? (n N? n O C a f0 ? (D CC C D 'fl .-? f O O o O1 = A A to 7 ? CC fD d (D o ° C7 "' ? v ? T C w a rn ? X Z O N N ? 0 0 5 ?' ? m O . r O . O N N . N ? o Cl) ? fD S n ? 7 O O . U°, o CL ? m N Cli N O- Z •° o N n c ? 0 o o v ? ? a "n CA n' D ? o am rn c n ? 3 m N n m m a N O ?o rl m ? 1 II m r ? 1 I w y 1 I D 1 II II ? 11 I ? ? 1 I T I 1 I 1 II I r 1 `n LA n 22 1 I I I 1 I 1 I 1 I 1 a T 1 L4 T v n o z 1 ^' I C m : ? l o I Z o U Z 1 I o m 1 I 1 I 1 i 11 11 1 I 1 1 1 II I ? D I ? I I I II I I I I o I I o T m I ?' 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LOCATION OF PROJECT SITE: Bridge No. 63 in Beaufort County on Cuckold's Creek crossing near Belhaven, North Carolina Photo Index,- 1995: 120-1302;T13&T14, U-14 1989: NA State Plane Coordinates - X: 2,700,100 Y: 671,500 Pantego Quadrant 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 10/22/99 Was Applicant Present -YES 5. PROCESSING PROCEDURE: Application Received - 10/22/99 Office - Washington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Beaufort County Land Classification From LUP - Community (Land) Conservation (B) AEC(s) Involved: PTA,CW (C) Water Dependent: YES 991 (D) Intended Use: Public (E) Wastewater Treatment: Existing - N/A 7. DIVISION OF COASTAL MANAGEME FIELD INVESTIGATION REPORT PLICANT'S NAME: NC Department of Transportation Planned -N/A (F) Type of Structures: Existing - 2 Lane Bridge Planned - 2 Lane Bridge (G) Estimated Annual Rate of Erosion: N/A Source - N/A HABITAT DESCRIPTION: DREDGED 264-NC 92 at the Upper Right -. -.am . . 21999 ater, Wetlands) 2? 8 9 [AREA] FILLED I OTHER (A) Vegetated Wetlands 7,905 ft2 (perm) 5,180 ft2 (temp) 610 ft2 (perm) 16,117 ft2 (temp) (B) Non-Vegetated Wetlands 217 ft2 5,480 ft2 Creek bottom shaded b bridge (C) Other 800 ft2 (perm) Uplands 26,250 ft2 (temp) (D) Total Area Disturbed: 62,559 ft2, 1.4 ac (E) Primary Nursery Area: No (F) Water Classification: SC NSW Open: No 8. PROJECT SUMMARY: The applicant proposes to replace a ± 189' long by ±27' wide bridge with a ±200' long by ±40 ft wide bridge and construct a temporary detour bridge. NCDOT Bridge #63 Beaufort County Project Setting The North Carolina Department of Transportation (NCDOT) proposes to replace Bridge #63 located on US 264 and NC 92 over Cuckold's Creek between Belhaven and Pantego in Beaufort County, North Carolina. The bridge is oriented north-south, and the proposed construction will take place on the downstream (west) side of the bridge. Most wetlands in the project area occur in an area between the railroad bed and the roadbed of the previous alignment of highway 264. The wetlands in the project area have been delineated as 404 wetlands by NCDOT but the delineation has not been approved by the US Army Corps of Engineers. The upstream (east) side of the bridge is undeveloped. The uplands are wooded and transition to wooded wetlands then to an herbaceous wetland fringe as the elevation changes close to the creek. Immediately upstream of the bridge, Cuckolds Creek has been channelized for agricultural drainage. Adjacent to the downstream side of the bridge is an abandoned roadbed with remnant asphalt visible along its alignment. Upland grasses vegetate the old road shoulders and areas where the asphalt is no longer present. The old roadbed and associated shoulder area is approximately 30 feet wide. The edges of the creek on the south side are vegetated by a fringe of herbaceous wetland species including arrow arum, sawgrass, cattails and bultongue. There is an area of wooded wetland vegetated with myrtle, gum, and maple trees, shrubs, and catbrier landward of the marsh fringe. Continuing farther landward, the site quickly rises in elevation and becomes vegetated with upland grasses. A majority of the wetland impacts will occur on the northwest side of the bridge. The north side of the bridge is also bordered by a fringe of herbaceous wetland species including arrow arum, sawgrass, cattails and bultongue. There is a small area of wooded wetland vegetated with myrtle, gum, and maple trees, shrubs, and catbrier. There is a low area approximately 258' long and 50' wide, between the abandoned road and the railroad tracks, densely vegetated with Coastal Wetland species including sawgrass (Cladium jamaicense) and cattail (Tvha sp.). The elevation increases at the edge of a remnant road bed and transitions to upland grass species. Asphalt from the old road is visible in areas. The navigable water depth at the existing bridge is f8.5' Cuckolds Creek is ±140' wide at the existing bridge crossing. All of the existing bridge bents are in the creek proper. Navigation is limited by the bent configuration of the existing bridge, and the temporary structure will not further impede navigation. The proposed bridge will increase navigability upstream because there will be fewer bents in the creek. Cuckolds Creek is classified as SC-NSW by the Environmental Management Commission and is not open to shell fishing at this location. Po6ject Descri tt*on „ The NCDOT proposes to replace an existing ±27 'wide by ±189' long two lane bridge over Cuckolds Creek with a ±40' wide by ±200' long two lane bridge and to construct a ±24' wide by ±165' long temporary detour bridge. The existing bridge has eleven bents in Cuckolds Creek evenly spaced across the creek. The creek is ±140' wide at the crossing. The proposed bridge will have three bents in the creek with the center bent approximately in the center of the creek. The existing bridge has a navigation clearance of ±6' and the proposed bridge will have a navigational clearance of ±6'. A temporary detour bridge will be constructed on the downstream side of the existing bridge between the bridge and the railway. The proposed detour will be removed upon completion of the permanent structure, and the impacted area will be returned to preproject contours and elevations. NCDOT proposes to temporarily fill ±2,100 ft2 of 404 wetlands and ± 14,017 ft2 of Coastal Wetlands to construct the temporary detour structure and its associated approaches. Approximately 5,180 ft2 of Coastal Wetlands will be excavated for the construction of drainage ditches adjacent to the detour structure. These temporary impacts will be restored upon completion of the permanent bridge. Construction of the replacement bridge will result in the permanent filling of ±75 ft2 of 404 wetlands and ±535 ft2 of Coastal Wetlands immediately adjacent to the existing structure. Construction of permanent drainage ditches will result in excavation of ±2,100 ft2 of 404 wetlands and ±5,805 ft2 Coastal Wetlands. Approximately 26,250 ft2 of highground will be temporarily filled during construction of the detour structure, and ±800 ft2 of highground will be permanently filled during construction of the replace ent bridge. Anticipated Impacts Construction of the detou structure will result in temporary impacts that will be restored upon completion of the replacement bridge. Approximately ±2,100 ft2 of 404 wetlands and ± 14,017 ft2 of Coastal Wetlands will be fill d to construct the temporary detour structure. Temporary ditch construction will result in the xcavation of approximately 5,180 ft2 of Coastal Wetlands. Approximately 26,250 ft2 of high round will be filled during construction of the detour structure. These impacts will be temporary, arid the effected areas will be returned to preproject contours and elevations upon completion of the ermanent replacement bridge. Construction of the replac ment bridge will result in the permanent filling of ±75 ft2 of 404 wetlands and ±535 ft2 of Coastal Wetlands adjacent to the existing structure. Permanent drainage ditches will be constructed in the a ea that will be impacted by the temporary detour structure, and will result in the excavation of ±2,100 ft2 of 404 wetlands and ±5,805 ft2 Coastal Wetlands. Approximately 800 ft2 of highground will be filled during construction of the replacement bridge. Construction of the new bridge will result in the shading of 5,480 ft2 of creek bottom. Turbidity from construction activities will vary with construction technique, water depth and substrate type, and will temporary. The net impact of the proposed bridge replacement is the permanent loss of ±2,175 ft2 of 404 wetlands and ±6,340 ft2 of Coastal Wetlands that will be filled or excavated. Approximately 5,480 ft2 of creek bottom will be shaded by the replacement bridge. Tracey L. Wheeler - 29 October 1999 G?,M STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. P.O. BOX 25201, RALEIGI1, N.C. 27611-5201 DAVID MCCOY GOVERNOR 20 August 1999 Department of Environment and Natural Resources Division of Coastal Management 54 Washington Square Mall Washington, North Carolina 27889 TO: Mr. Terry Moore ATTENTION: Ms. Tracey L. Wheeler SECRETARY SUBJECT: Proposed replacement of Bridge No. 63 over Cuckold's Creek on US 264-NC 99 in Beaufort County; Federal Aid Project No. BRSTP-264 (7); State Project No. 8.1150901; T.I.P. No. B-2806. This letter is in reference to your correspondence dated 2 July 1999. The following information is provided to address your concerns relating to the permit application. To review, the North Carolina Department of Transportation (NCDOT) proposes to replace Bridge No. 63 over Cuckold's Creek on US 264-NC 99 in Beaufort County. The proposed project will involve replacing the existing bridge on existing location with a bridge approximately 62 meters (200 feet) long and 12 meters (40 feet) wide comprised of a 7.2 meter (24 foot) travelway with 2.4 meter (8 foot) shoulders on each side. Traffic will be maintained on-site with a temporary detour structure located between the existing roadway and the railway. The detour bridge will be approximately 51 meters (165 feet) long and 7.3 meters (24 feet) wide. This project was approved as a Categorical Exclusion (CE) on 18 September 1997. In order to minimize the temporary wetland impact, reference elevations will be taken in the fill area prior to construction. The area will then be restored to its original contour and rough surface texture based on the reference elevations. The area is expected to recover naturally since the topsoil and seed source will not be removed. Aside from standard erosion control measures, no additional planting is proposed. Placement of the temporary fill is expected to last thirteen months, from 1 March 2000 to 31 March 2001. Construction will be scheduled to avoid instream activities during the spring months (April 1 - June 15) to minimize impacts to anadromous fish. The following information addresses your concerns as they were listed in the 2 July 1999 letter: The construction of this project is expected to temporarily impact 0.49 acre of wetlands due to the temporary detour and permanently impact 0.194 acre of wetlands. Impacts to surface waters will be limited to the placement of pilings necessary to support the temporary and new bridges, totaling less than 0.001 acre. • The existing approaches associated with the existing bridge will be returned to the original contours and elevations. Construction of the temporary detour structure does involve work outside of NCDOT's R/W. NCDOT is currently negotiating for a temporary construction easement with Norfolk and Southern Railroad that will allow us to do work outside of our R/W. As is typical with RR easements, the agreement will likely be finalized a few months before the project goes to construction; therefore, we do not have an agreement at this time. • The CE states that disturbance to surface waters will be high because it provides an estimate based on the worst case scenario. Actual disturbance will be limited to the placement of pilings necessary to support the temporary and new bridges, totaling less than 0.001 acre. • Wetland boundaries are clearly shown on the plats. Please contact Lynn Smith if there is any confusion regarding the boundaries. Except for the riprap, approximately 80% of the upland fill is along the downstream side of the road. The remaining 20% is along the upstream side of the road. I have included a set of cross-sections that show the location for the placement of upland fill. • DCM-MP-1 4.1. A Routine Wetland Determination form was filled out on 30 July 1999 and is included. The USCOE has not signed off on the delineation, however NCDOT rarely obtains USACE verification for wetland delineations of this size. 5. Property owners are listed on the plats. They are represented by a circle with a number inside, and they correspond to property owners listed on Sheet 2 of 8. The certified mail receipts are included. The area listed as NCDOT property lies between US 264-NC 99 and the railroad. I have removed NCDOT from the adjacent property owners list. A statement of compliance with the NC Environmental Policy Act (N.C.G.S. 113A-1 to 10) was not included, because the subject project is classified as a Categorical Exclusion, and is subject to the Nationwide Permit Provisions of 33 CFR 33-.5 (A) 23. This permit authorizes any activities, work and discharges undertaken, assisted, authorized, regulated, funded or financed, in whole or in part, by another federal agency which has determined, pursuant to the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of the National Environmental Policy Act that the activity is "categorically excluded" from environmental documentation because it is included within a category of actions which neither individually or cumulatively have a significant effect on the environment. • DCM-MP-5 l.n. A Coast Guard permit is not required, because Cuckold's Creek is not used by recreational, fishing or other small boats greater than 21 feet in length. Please see included documentation. 3.b. The original plats attempted to segregate impacts associated with the temporary bridge from those of the permanent structure. Unfortunately, this caused some confusion due to an overlap in the temporary and permanent impacts. Sheet 5 of 8 has been revised to show the extent of each type of impact, excluding any overlap. Please note the wetland impacts as listed in the original application on Sheet 3 of 10 have not changed. 3.d(1) NCDOT has an agreement with the contractor that requires him to choose an upland site. Since choosing the disposal site is the responsibility of the contractor, NCDOT does not claim title to the disposal area, and we do not have a letter granting permission from the owner. NCDOT requests that the proposed work be authorized under a Coastal Area Management Act (CAMA) Major Development Permit. Enclosed is a permit application, revised permit drawings, the CE document, a memo regarding sensitive jointvetch, certified mail receipts, a Routine Wetland Determination form, a letter from the Federal Highway Administration regarding the Coast Guard, and a check for $250.00. By copy of this letter, we are also requesting issuance of a United States Army Corps of Engineers NWP 23 and a 401 Water Quality Certification from the North Carolina Division of Water Quality. If you have any additional questions or concerns, please contact Lynn Smith at (919) 733-0374. Thank you for your prompt attention to this request. Sincerely, - ,yam William D. Gilmore, P.E. Manager Project Development and Environmental Analysis VCB/als w/ attachment Mr. John Parker, NCDENR, Division of Coastal Management Mr. Michael Bell, COE, Washington Mr. David Franklin, COE, Wilmington Mr. John Dorney, NCDENR, Division of Water Quality Mr. Debbie Barbour, P.E., Roadway Design Mr. Calvin Leggett, P.E., Program Development Mr. Len Hill, P.E., Highway Design Mr. A. L. Hankins, P.E., Hydraulics Mr. William Rogers, P.E., Structure Design Mr. C.E. Lassiter, Jr., P.E., Division 2 Engineer Mr. Doug Huggett, DCM, Raleigh Mr. Raleigh Bland, COE, Washington FORM DCM-MP-1 APPLICATION (ro be completed by all applicants) 1. APPLICANT a. Landowner: Name N.C. Dept, of Transportation Address P O Box 25201 City Raleigh State NC Zip 27611 Day Phone (919) 733-3141 Fax (919) 733-9794 b. Authorized Agent: Name N/A Address City State Zip Day Phone Fax C. Project name (if any) TIP No. B-2806 Note: Permit will be issued in name of landowner(s), and/or project name. 2. LOCATION OF PROPOSED PROJECT b. City, town, community or landmark Between Pantego and Belhaven C. Street address or secondary road number US 264/NC 99 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) Cuckolds Creek 3. DESCRIPTION & 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. Remove and replace bridge no. 63 over Cuckolds Creek and install temporary Detour bridge b. Is the proposed activity maintenance or an existing project, new work, or both? Both C. Will the project be for public, private or commercial use? Public Highway 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. Replace existing bridge. a. County Beaufort Revised 03/95 FORM DCM-MP-1 4. LAND AND WATER a. b. C. d. e. f.. 9. h. k. Size of entire tract N/A Size of individual lot(s) N/A Approximate elevation of tract above MHW or NWL 3 feet Soil type(s) and texture(s) of tract Fine sandy loam and muck Vegetation on tract Sawgrass, cattails, plumegrass. and pank grass Man-made features now on tract Bridee What is the CAMA Land Use Plan land classification of the site? (Consult the local land use plan) Conservation Transitional Developed X_ Community X Rural Other How is the tract zoned by local government? Area is not zoned Is the proposed project consistent with the applicable zoning? Yes No N/A (Attach zoning compliance certificate, if applicable) Has a professional archaeological assessment been done for the tract? _ Yes X No If yes, by whom? Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes _ X No Are there wetlands on the site? X Yes -No Coastal (marsh) X_ Other If yes, has a delineation been conducted? Yes (Attach documentation, if available) M. Describe existing wastewater treatment facilities N/A n. Describe location and type of discharges to waters of the state. (For example, surface runoff sanitary wastewater, industrial/commercial effluent, "wash down", and residential discharges.) Surface runoff from existing highway. o. Describe existing drinking water supply source. N/A In addition to the completed application form, the following items must be submitted: A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. * An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale in black ink on an 8 1/2" by 11" white paper. (Refer to Coastal Resources Commission Rule 710203 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 Revised 03/95 FORM DCM-MP-1 site. Include highway or secondary road (SR) number, landmarks, and the like. * A Stormwater Certification, if one is necessary. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Upon signing this form, the applicant further certifies that such notice has been provided. Name _ Address Phone Name _ Address Phone Name Address Phone * A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. * A signed AEC hazard notice for projects in oceanfront and inlet areas. A statement of compliance with the N. C. Environmental Policy Act (N.C.G.S. 113A-1 to 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 6. CERTIFICATION AND 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. ,?Co t7 01. This is the .1 day of d N" 19 -?I Print Name William D. Gilmore, P.E. Signature br Ji aSiWrJV%--_-_? Landowner or Authorized Agent Please indicate attachments pertaining to your proposed project. _ DCM MP-2 Excavation and Fill Information DCM MP-3 Upland Development _ DCM MP-4 Structures Information X_ DCM MP-5 Bridges and Culverts DCM MP-6 Marina Development NOTE: Please sign and date each attachment in the space provided at the bottom of each form. Revised 03/95 Form DCM-MP-5 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. a. Public X_ Private b. Type of bridge (construction material) Cored slab, concrete c. Water body to be crossed by bridge Cuckolds Creek Water depth at the proposed crossing at MLW or NWL 8.5 feet Will proposed bridge replace an existing bridge? X Yes No If yes, (1) Length of existing bridge 189 feet (2) Width of existing bridge 27 feet (3) Navigation clearance underneath existing bridge 6 feet (4) Will all, or a part of, the existing bridge be removed? (Explain) All f. Will proposed bridge replace an existing culvert(s)? Yes _ X No If yes, (1) Length of existing culvert (2) Width of existing culvert (3) Height of the top of the existing culvert above the MHW or NWL (4) Will all, or a part of, the existing culvert be removed? (Explain) g. Length of proposed bridge 200 feet h. Width of proposed bridge 40 feet Height of proposed bridge above wetlands N/A Will the proposed bridge affect existing water flow? Yes _X No If yes, explain k. Navigation clearance underneath proposed bridge 6 feet Will the proposed bridge affect navigation by reducing or increasing the existing navigable opening? _ X Yes No If yes, explain Navigability will be increased because there will be fewer bents in the navigable portion of the creek, in. Will the proposed bridge cross wetlands containing no navigable waters? Yes X_ No If yes, explain n. Have you contacted the U. S. Coast Guard concerning their approval? Yes X_ No If yes, please provide record of their action. Please see Attachment. Revised 03/95 Form DCM-MP-S Will the proposed culvert affect existing navigation CULVERTS N/A potential? _ If yes, explain a. Water body in which culvert is to be placed Number of culverts proposed c. Type of culvert (construction material, style) d. Will proposed culvert replace an existing bridge? Yes No If yes, (1) Length of existing bridge (2) Width of existing bridge (3) Navigation clearance underneath existing bridge (4) Will all, or a part of, the existing bridge be Yes No a. b removed? (Explain) e. Will proposed culvert replace an existing culvert? Yes No If yes, (1) Length of existing culvert (2) Width of existing culvert c. (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) f. Length of proposed culvert d. g. Width of proposed culvert h. Height of the top of the proposed culvert above the MHW or NWL Will the proposed culvert affect existing water flow? Yes No If yes, explain Will the placement of the proposed bridge or culvert require any excavation below the MHW or NWL? Yes X No If yes, (1) Length of area to be excavated (2) Width of area to be excavated (3) Depth of area to be excavated (4) Amount of material to be excavated in cubic yards Will the placement of the proposed bridge or culvert require any excavation within: X Coastal Wetlands _ SAVs _ Other Wetlands If yes, Temp./Perm. (1) Length of area to be excavated 370'/465' (2) Width of area to be excavated 142 17' (3) Depth of area to be excavated 2'/ 2' (4) Amount of material to be excavated in cubic yards Temp: 412 c.y.# Perm. 712 c.y. Will the placement of the proposed bridge of culvert require any highground excavation? X Yes No If yes, Perm. (1) Length of area to be excavated 200' (2) Width of area to be excavated 7' (3) Amount of material to be excavated in cubic yards 64 c.y. If the placement of the bridge or culvert involves any excavation, please complete the following: (1) Location of the spoil disposal area Aooroved ubland site will be determined by contractor. (2) Dimensions of spoil disposal area (3) Do you claim title to the disposal area? Yes _X No If no, attach a letter granting permission from the owner. Revised 03/95 Form DCM-MP-S (4) Will the disposal area be available for future maintenance? Yes -2L 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. b. Will the proposed project require the relocation of any existing utility lines? _ Yes X No If yes, explain in detail Will the proposed project require the construction of any temporary detour structures? X Yes No If yes, explain in detail 170 feet temporary bridge, e. Will the placement of the proposed bridge or culvert result in any fill (other than excavated material d. Will the proposed project require any work described in Item d. above) to be placed below channels? Yes X No MHW or NWL? _X Yes No If yes, complete Form DCM-MP-2 If yes, (1) Length of area to be filled 3.46' e. How will excavated or fill material be kept on site (2) Width of area to be filled 3.46' and erosion controlled? Standard NCDOT Best (3) Purpose of fill Placement of bridge piles brid d s f t th Management Erosion Control Methods emporary an new ge . or e f. What type of construction equipment will be used f. Will the placement of the proposed bridge or culvert (for example, dragline, backhoe, or hydraulic result in any fill (other than excavated material dredge)? Standard roadway construction described in Item d. above) to be placed within: equipment i.e., trackhoe, dumptruck, motor .X Coastal Wetlands _ SAVs _ Other Wetlands grader, et,) If yes, Temp./Perm. (1) Length of area to be filled 450'/122' g. Will wetlands be crossed in transporting equipment (2) Width of area to be filled 35'/ 5' to project site? Yes _X No (3) Purpose of fill Roadway for detour If yes, explain steps that will be taken to lessen structure. 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, Temp./Perm. Yes X No (1) Length of area to be filled 7502160' If yes, explain in detail (2) Width of area to be filled 35'/ 5' (3) Purpose of fill Detour structure/ Roadway fill and ril2rap 4. GENERAL NCDOT: TIP Number B-2806 Applicant or Project Name a. Will the proposed project involve any mitigation? Affp--., Yes X _ No If yes, explain in detail Signature J Date Revised 03/95 i •r1• 117s P A N T\ E G D ror. m \ S W A M P -L- NEON -ptoiscr f BEWA `-' ror.2.2?B \ V I an V115 VICINITY M A P S N. C. DEPT. OF TRANSPORTATION DIVISION OF HIGHWAYS BEAUFORT COUNTY PROJECT: 8.1150901 (B-2806) BRIDGE NO. 63 OVER CUCKOLDS CREEK AND APPROCHES ON US 264 - NC 99 SHEET I OF 8 -7 1 1q I99 NAMES AND ADDRESSES PARCEL NO. NAMES ADDRESSES O MICHELINE WATTS P.O. BOX 224 EAST MORICHES, NY 11940 (D NORFOLK AND SOUTHERN RAILROAD THREE co M mF-RC.i - -PL flL r-- Nor'-FoLle-, V6. '13510 O FREDIE W. BINGHAM P.O. BOX 507 BATH, NY 14810 © EDWIN M. RICKS BRINDA A. WARD -Please.. see. 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