HomeMy WebLinkAbout20040253 Ver 1_Complete File_20040218REPLY TO
ATTENTION OF:
Regulatory Division
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON. NORTH CAROLINA 28402-1890
January 19, 2005
Action ID No. 200310613
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Mr. Anthony Roper, Division Engineer
N.C. Department of Transportation
113 Airport Road, Suite 100
Edenton, North Carolina 27932
Dear Mr. Roper:
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Reference the Department of the Army (DA) permit issued to you on March 30, 2004, to
discharge fill material into 3.42 acres of jurisdictional waters (Atlantic Ocean) for the
nourishment of approximately 1300 linear feet of beach to assist in safeguarding NC 12 from
potential wash outs during storm events in the Town of Kitty Hawk, Dare County, North
Carolina. Also reference your subsequent written request dated December 9, 2004, for a permit
modification to utilize sand material taken from a third borrow area identified as the Barnhill
Construction Company's McPherson Pit located east of US Highway 158 between Harbinger
and Powell's Point on the south side of NCSR 1115 (Snows Lane), Currituck County, North
Carolina.
NCDOT has coordinated with and provided the U.S. Fish and Wildlife Service with
gradation analysis results of soil samples taken from the Barnhill McPherson Pit. The Barnhill
McPherson Pit was sampled in three locations on October 26, 2004. Upon evaluation of the
results, the U.S. Fish and Wildlife Service found that location MMP-1 is compatible from a
depth of 4-25.5 feet, location MMP-2 is compatible from 8-24 feet, and location MMP-3 is
compatible from a depth of 4-22 feet. The above findings translate into compatible sand being
located from 4-25.5 feet on the western portion of the proposed excavation area located between
the two ponds, from 4-22 feet on the eastern portion of the proposed excavation area located
between the two ponds, and from 8-24 feet within the eastern pond. These areas are referenced
in figure 2 of the information you provided to the U.S. Fish and Wildlife and enclosed with this
letter.
This modification request was coordinated with the appropriate State and Federal agencies
and the coordination revealed no objections to this modification request. Therefore, the permit is
hereby modified in accordance with the specific work activities described above. It is understood
that all conditions of the original permit remain applicable and that the expiration date is unchanged.
In addition, the permittee will comply with the following special permit conditions:
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a. Sand material obtained from the Barnhill McPherson Pit will be mined from 4-25.5
feet on the western portion (MMP-1) of the proposed excavation area located between the two
ponds, from 4-22 feet on the eastern portion (MMP-3) of the proposed excavation area located
between the two ponds, and from 8-24 feet within the eastern pond (MMP-2).
b. No sand material may be utilized from any other areas of the Barnhill McPherson Pit
except what is described in condition a. above without a sand compatibility study being
conducted and approved by the U.S. Army Corps of Engineers and the U.S. Fish and Wildlife
Service.
c. Only high quality, beach-compatible sand should be deposited on the oceanfront
beach in Kitty Hawk as part of the project. All fill material placed on beaches shall be sand that
is similar to that already existing at the beach site in both coloration and grain size distribution.
All such material shall be free of construction debris, rocks, organic materials, or other foreign
matter and shall not contain, on average, greater than 10 percent fines (i.e., silt and clay; passing
the # 200 sieve) and shall not contain, on average, greater than 5 percent coarse gravel or cobble,
exclusive of shell material (retained by the # 4 sieve).
d. Only beach quality sand shall be used for beach nourishment purposes. All material to be
used for beach nourishment will be tested for compatibility before placement on the beach. Should
the sand excavation operations encounter any non-beach compatible sand, the excavation operation
shall cease and be moved to an approved area where suitable material does exist.
e. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this permit in the construction and maintenance of this project, and shall provide
each of its contractors and/or agents associated with the construction or maintenance of this
project with a copy of this permit, and any authorized modifications. A copy of this permit, and
any authorized modifications, including all conditions, shall be available at the project site
during construction and maintenance of this project.
Any questions regarding this correspondence may be directed to Mr. Bill Biddlecome,
NCDOT Coordinator/Regulatory Project Manager at the Washington Regulatory Field Office,
telephone (252) 975-1616, extension 31.
Sincerely,
Charles R. Alexander, Jr.
Colonel, U.S. Army
District Engineer
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Enclosure
Copies Furnished(without enclosure):
Chief, Source Data Unit
NOAA/National Ocean Service
ATTN: Sharon Tear N/CS261
1315 East-West Hwy., Rm 7316
Silver Spring, MD 20910-3282
Ms. Cathy Brittingham
Division of Coastal Management
1638 Mail Service Center
Raleigh, North Carolina 27699-16387
Mr. John Hennessy
Water Quality Section
Division of Environmental Management
North Carolina Department of Environment
and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Mr. Travis Wilson
Eastern Region Highway Project Coordinator
Habitat Conservation Program
1142 I-85 Service Road
Creedmoor, North Carolina 27522
Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Ron Sechler
National Marine Fisheries Service
101 Pivers Island
Beaufort, North Carolina 28516
Mr. Chris Militscher
U.S. Environmental Protection Agency
Raleigh Office
310 New Bern Avenue, Room 206
Raleigh, North Carolina 27601
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