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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 044 o zS3 oc"(,r /'-9 4,nn .. .. Mr. Anthony Roper, Division Engineer N.C. Department of Transportation 113 Airport Road, Suite 100 Edenton, North Carolina 27932 Dear Mr. Roper: 6,N ?.,,. 5 os ?':`IC?TV 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: I 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 2 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 3