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20070607 Ver 1_Application_20070404
,~ /~I ; '~) ti ry~ ~ p ~~~ ~7©~~ E! .. ,~,,,, ~ . ~.}y R' K ~~ 'i q~( f1. ~~ a ~t. STf~TE of NORTH CAROLINA ~ ~?._~"A.1ZT'?~I/NT OF TR~NSPORTATI '~ .N' . ~: MICI-:i h ± ;1. l . ;~ ~.:~>3 . ~ LYNDO TIPPETT ,.,_r~.~f'IZ~;::',i?. ~ SECRETARY March 22, 2007 U.S. An°_i~~ Cc.i'ps of::r;g-freers Regulaicv ~ i~ld ;;;ti'c,.. O Post Orfi+:~° r~oa: ? C10J Wast^itigtcn: Pd.C:. 2"'`gig.;-IOQO Attenti,~~:;: hi4.~3i:'.di:~o~n~ Subject. C:I° ~ : 1~~~r!•:i~: r- cl::eat associated with the replacement of bridge #10 over Island Creek on C ~t:1'~. ~~ ~:~ °.,,~,.~._~~parttrietmt of Transprrtation is requesting a GP 31 permit for the replace,t :,~:: ~t ~ ~ a :° :`= 1 ~ , cover hland Creek ou Ccraco'<.e Island in Hyde County. The proposed bridge is 150 ±? ::~ : ~~~`~. . a e~idfh. Lt ~,~~ill be a precast cored. slab structure consisting of two end bents and two ~.,.t.°:~ ;~~ru ~ =:,`;: t~ ~~!•i.c.r bent stii11 have 8 concrete piles. This bridge will be replacing a 93 ft. long by _G~ :~ ~, it : ~~+'ct: ~le~' 'ts~ i~,i;;e sttp},orted by 11 wooden bents and piles. The existing bridge and pilings will be rerr;; ~ ~' :~:*" pt ~ ,:~ ;. ~ur~i be e_:ruted fiom Islar_d Creel:, they will be broken of below the mud line. Th? b; i~:,,: r:.it;,: tln;:-~, m,c refit:ire, an~~ fill beyond the existing toe of slope, which results in no wetland or surfiice ~~~s: tr ir,:;z~~.~~;:•. t~~:~.t ;~ ! & ? piles are lo;;ated below ~.he NWL of Island Creek and will result in 28 sq. 1't. ;;~~ ,:;rir.~:~~ ,~,:~~;: r 'r,:~~ac~. ?~he longer bridge will allow old approach fill removal, resulting in 0.07 acres c:;..~~:r::~~,:~,•°:~1 r~:> ±},e .=is~roanc'.ink; wetland elevation. i'his area is shown cn the provided drawings. Tra±ti,: •~::'~ '"~;• :i ~:~.cri ~_ :~ :~a: =~sitN oim a ~~:ac:h access route coca•dlriated with the NPS. This route will begin at the Y~nry ~ • t;.;r,: •.:.~r.;:aU.ii: 3'J'i'.th to ramp ~ E$. In conjunction with this requestNCDOT is also requesting a gene, ~~: a . rr ~i~. '-:,_„ ..::'?':h~l and a =,pe;.ia1 use permit from the NPS, which authorizes the bridge repla. ;:. ~ tu~~ ~:: t uii~° '''liis bridge replacement will be conducted between January 2 and March 15 of 20U.~. ~ :', ~~de:: ~;: iti) t '.s r~,quAst are the PCN, permit drawings, USFWS concurrence request letter and vicirir~, _~:r.:~ s. 3:f ~, .~u r. _; r. anv addiciona? information or have any questions concerning this project, please call nee ;r! _':i'-<h~.- % ~"'. Sincerely, Anthony Roper Division One Engineer Clay `+-Villis ~~ Division One Environmental Officer Cc: C.,~ .. c. :~':. . '. Bridge # 10 Replacement Ocracoke, Hyde County ~~ c: mmUCk ~~ ~. ~3. dam c y ,~3` + ty „fir M._ ~-+~':, ~2? ,[~ Dicks Cam. s f ~r .,. .I Y~.~ C~. ~ r^ _ }r P~~t ~ ,i.~ Knoil Gld~ri ~ ~.~ puolces Point ~~;~"' ca,a ~~ o ~ ~i Jy iIH3nN 7: ll: ~ ~ ~f '+ ;) F ''S ~ /~''f._ ~ ~ i a +L ~ F ~~zl. "P ,,, ~ ~ ~,~~ ~ R t nr ; PMO~ ~ Q r ~a ?. v.. ,~r .,, .,._.t_..a .. _. ..._.~..-...__._..._.. ._____. " ,~ Bri ge # 10 35.127014 N 75.921469 W N N O O Z ~~ Office Use Only': Form Version March OS USACE Action ID 1^•T~. DWQ No. (If any pa ticulat item is not applicable to this project, please enter "Not Applicable" or "N/A".) I. Processing 1. Check alk. of tine approval(s) requested for this project: ~ Section 404 Permit ® Riparian or Watershed Buffer Rules ^ Secti.on 10 Permit ^ Isolated Wetland Permit from DWQ ® 441 V'Vater Quality Certification ^ Express 401 Water Quality Certification 2. Nationwide, l~egional or General Permit Number(s) Requested: GP31 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not require:?, check here: ^ 4. If pa~nrlelrr into the North. Carolina Ecosystem Enhancement Program (NCEEP) is proposed for lrlitig~r~t i ai. of i mpacts, attach the acceptance letter from NCEEP, complete section VIII, and check :: Aere: ^ 5. If yo~.lx r^r~~_iec; is located in any of North Carolina's twenty coastal counties (listed on page 4), a:zd rtwe. project is within a North Carolina Division of Coastal Management Area of Envi -onrr~.entai. Concern (see the top of page 2 for further details), check here: II. Applicant Int'»rxalation 1. Owner/i+.~_rj~lic:ant Information N~~_rr:~~:,__ __ NCDOT Division One (Clams) Mailing _'~~dress: 113 Airport Drive Suite 100 __ ___ - Edenton N.C.27932 Telephony N~.imber: 2~2-482-7977 Fax Number: 252-482-8722 E.-mail A d~.il-ess: tcwillis(cudot.state.nc.us 2. Agera~'C~~~:,~>~.iltart Information (A signed and dated copy of the Agent Authorization letter must'oe ~x~ctached if the Agent has signatory authority for the owner/applicant.) Name: Corr.~~ar: ~/ . ~s.filiation: Mail;.-.<_, _~~,cldress: Telel>:ilo~lf~• :`.l:;n~i~er: Fax Number: E=mail Ad:cires,: Updated 11/1/2005 Page 5 of 13 III. Project Iasfoa•a~iatio~Y Attach a vicinity an:ap clearly showing the location of the property with respect to local landmarks s~;.cl..~. as towns, rivers, and roads. Also .provide a detailed site plan showing property boundaries atxY development plans in relation to surrounding properties. Both the vicinity map and site plain nii~st include a scale and north arrow. The specific footprints. of all buildings, impervious ~tzracrs, or other facilities must be included. If possible, the maps and plans should include the ap~~rcpriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries c-i~,tlired. Plan drawings, or other maps maybe included at the applicant's discretion, so long as tis~~; property is clearly defined. For administrative and distribution purposes, the USAGE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, D`v'~,~'~r r~zay accept paperwork of any size. DWQ prefers full-size construction drawings rGah~:r than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project ha: been placed on hold until decipherable maps are provided. 1. Name of •rroject: Bridge # 31 replacement in Ocracoke, Hyde County 2. T.LP. T'r~~?+,-c': l~wuzrber or State Project Number (NCDOT Only): 39393 3. Prop~;rty ~:.er..~ifi~ation Number (Tax PIN): N/A 4. Loc?tiyr: Cour;r.~~~:__~-?~c%.c Count ~ Nearest Town: Ocracoke Subc'.ivisic,: n.arne (include phase/lot number): N/A Directior~~ ,~~ site (include road numbers/names, landmarks, etc.): From the Hatteras;`o:~ r~~~coke Ferry Dock the bride is 8.39 miles south on NC 12. 5. Site co;,~-~~ar~.tes ~ror linear projects, such as a road or utility line, attach a sheet that separate~~ ~ i~`,~ the coordinates for each crossing of a distinct waterbody.) Decima] ,a:grec~s t;6 digits minimum): 35.127014 °N 75.921469 °W 6. Prop+~rty ~.ize nacres): U.50 acres 7. Nam:. of ~~ ~ ~r :,~ receiving body of water: Island Creek / Pamlico Sound 8. River F3a;.ir:: Tar-Pamlico (Note - fi::.. mast be one of North Carolina's seventeen designated major river basins. The Rive?• Basis-: r~-~ap is available at htt~p:!/h2o.enr.state.nc.us/admin/maps/.) 9. De sc~-ib _,1:1. ~ ,. x i sting conditions on the site and general land use in the vicinity of the project at the tir:~ie +~~ this application: Existing 93 ft. wooden bridge along NC 12 that crosses over Islard ~.:_~_-k,_ the surrounding landscape is beach /dune, maritime shrub, wetlands comrluni~ *~~_,: is within tree National Park Ser~~ice Cape Hatteras Sea Shore. Updated ll/1/200 Page 6 of 13 10. Descrii;~e tE~le, c:werall project in detail, including the type of equipment to be used: Bridge # 10 is an_<i,,t?n 93 ft.:K 20 ft. wooden bridge on timber bents and piles. This bridge is being replaced Y~,_~tlz a 1 ~0 ft. long X 35 ft. wide recast cored slab concrete bridge. The proposed brid>7e wi' 1 have rwo end bents and two interior bents as shown in the provided drawings. Each. interior, beat will have 8 piles. Rim--rap will be placed at each end bent to prevent scour. The old, fiil -will be removed and grade level will be restored to surrounding wetland elevation-. _ l•/a~ui oment used will include cranes, excavators, dumptrucks. Traffic will be deto>.rre4.. ;~+•cl.~nd the site big a beach detour as allowed by the National Park Service special ue K~e;rmit. 11. E:~cplai.r: t~, ;: uurp~:,~,e of the proposed work: To replace an existing bridge that has received a moor str~,_~.~u~_~tl rating. The new bridge will insure the traveling_public asafe route to Gcra;;c~kU '~r'7:~ar,7e rrorr, the Hatteras/ Ocracoke Ferry terminal. IV. Prior I'ri?jen_ ~~istr~a•y If juristiicti~~~;~~~i ~i.eterrninations and/or permits have been requested and/or obtained for this project (incl~;c~~l~;z alt prior phases of the same subdivision) in the past, please explain. Include the USAa~'E f`•.,ai:?r.. 'LD Number, DWQ Project Number, application date, and date permits and certifi~,ato.-~s :;•e~e iss~~ed or withdrawn. Provide photocopies of previously issued permits, certi#ica±~.on ~, ::!~ ~?tt1-:r usefi~l information. Describe previously approved wetland, stream and buffer irr.i~a.:°~ , :~~.cn~T ~,~ith associated mitigation (where applicable). If this is a NCDOT project, list at,Ll tic, ~~;? i':>e per:!nits issued for prior segments of the same T.LP. project, along with constractior; s.: ~~~°~~~=~ies. In conjunction with this COE /DWQ,-permit, NCDOT will be acquiring a DCivT ~.~ent~~-ai_~ei?nit and a special use permit from the NPS. Are any fur:~r,: a~;,-1r_it requests anticipated for this project? If so, describe the anticipated work, and provide j ~.~ sti: a ration for the exclusion of this work from the current application. None VI. Propose~a Ira~I:~~rts to Waters of the United States./Waters of the State It is tlae at~l~i~.~:•:z~~t`s ~r,r agLnt's) responsibility to determine, delineate and map 'all impacts to wetlands, or+:-., ~~- ~ ~~:~~; , anc! stream channels associated with the project. ~ Each impact must be Updated I1lU20G~ Page 7 of 13 listed s~.'Jari::f:' ~Y• ire. thr tables below (e.g., culvert installation should be listed separately from riprap di~ssi;~ tr~r ;~a~!s;. Ee sure to indicate if an impact is temporary. All proposed impacts, pernlanerit a~t,:1 t~r'zporarv, must be listed, and must be labeled and clearly identifiable on an accompanyi~l~}; sift:' plan. All wetlands and waters, and all streams (intermittent and perennial) should be sh, ~: n' on a delineation map, whether or not impacts are proposed to these systems. Wetland ad =,'rl-ealn evaluation and delineation forms should be included as appropriate. Photograpn~--. ~.'13;~ be included at the applicant's discretion. If this proposed impact is strictly for wetland +~r sb~: aril mitigation, list and describe the impact in Section VIII below: If additional space i..~ neetaea:i fur listing or description, please attach a separate sheet. 1. Provid.~ a +;.~~~ Iten description of the proposed impacts: The bridge replacement will be cor~d~iclc~.._-_:~,i _!ir_the existin>? toe of slope, therefore there are no wetland impacts associated with.*his ~:~r;~1ct. Ye.~t #1 & # 2 will have piles placed below the normal water line of Island Cr4eh~az~1„ ~,~•_~ ai result in 28 sq.ft of surface water impacts. The old bridge has 11 bents and asso~;:,at~_{~_ ~x~~;oc3l,r~ilin~s that will be removed. The existing~iles will be pulled out or cut ofhel~nw_ ±.', ~ r°n:wc~ fine of Island Creek. The proposed longer bridge will result in 0.07 acres of old fl7 h?i;~,fr_;~rnoved ar~d the ground restored to surrounding wetland elevation. 2. I.uli~,,~i+.i~~a.~?.~~r ii:,t °wetiaird impacts. Types of impacts include, but are not limited to m ;,~1-arr ~ ~. : +: i~~ar~in~, grading, fill, excavation, flooding, ditching/drain age, etc. For dams, s jpa~ a±:::~.~_ i_a.: i?n~acts due to both stnicture and floodin . NONE Wetland Im~<~:~1. Type of Wetland Located within Distance to Area of Site Number ~ - .>.-.;; of Lrnpa.;;~~ i (e.g., forested, marsh, 100-year Nearest Impact (indicate on m:ac~; ! herbaceous bog etc ) Floodplain Stream (acres) i , , . ,,,e,,,,,,,~ r~:.,e.,_ r e.~ _. I __ _ _ _ _ I'~~tal Wetland Impact (acres) 3. Lisa ~~n tc-::.: sir. reape (;estimated) of all existing wetlands on the property: 0.10 acres 4. Incliz-id~~i~:~," ; ?sL as interrrlirtent and perennial stream impacts. Be sure to identify temporary in~i.~l i:i .: ~t~. `t;r:.~:a.::~. imparts include, but are not limited to placement of fill or culverts, dam cc1A:_~::~.l~a~~.::~, iao~iing, ;-elocution, stabilization activities (e.g., cement walls, rip-rap, crib v'~Il?~., _::a:„~1r:.,, ~~t~:,;,, ex~avaiion, ditching/straightening, etc. If stream relocation is proposed, pL;~, 1~-~;:' ~>~,:~~les shoving the linear footprint for both the original and relocated streams rriu~t 1;: ~.+~i..:,ltd. To t:.alcl.aate acreage, multiply length X width, then divide by 43,560. -~V ,~ rti"vi+~ Updated 11/1/200 Page 8 of 13 Stream Impact I ~ Number ~ ~treuzi .Name indicate on man j ~ - = Type of Impact Perennial o~ Intermittent. Average Stream Width Before Im act Impact Length linear feet) Area of Impact acres -r---- -- - ----I-------- I ---- -- -- otai Stream Impact (by length and acreage) 5. Individua~', ; {ist all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean are,:i ar,~~ other ~n~ater of the U.S.). Open water impacts include, but are not limited to fill. exca~~,:.+.".icr!7, dr°d~ine, flooding, draina_s;e, bulkheads, etc. Open Water Impact i ,T~.,3, of tiVater~bod y Type of Waterbody Area of Site Numb: r I ~ if a ?icable) Type of Impact (lake, pond, estuary, sound, bay, Impact pp indicate on a1a ~ ~ ~._J___.......-__-- __ ocean, etc.) acres Bent 1&2 (pil:n~~,) i ;;iai:ci Creel: Fill from pilings Estuary, sound 0.0006 _.~.__-T_..._._..__ __._.__--____ L __.... __._ __ _._ ____.____ Total Open W"ater Impact (acres) 0.0006 6. List the ct_imulatik/e imc~a~~t to all Waters of the U.S. resulting from the proiect: r----- Lat:~_:am Irnpat;t {:acres): None V~,'e iar.d Impact (,acres): None rU~~:~~:.~n ~~:'uter Impact {acres): 0.0006 ,--. - -- '~ 1 ~ i~ l ht~rj~ct to ~~/aters of the U.S. (acres) 0.0006 ~c,~~_al Stre~arn Impact (linear feet): None Oc~ any isc;lat~:~d ~F~aters exist on the property? ^ Yes ®No Dtiscril;e~ .:i'1 impacts to isolated waters, and. include the type of water (wetland or stream) and the size a the hrcposr;d impact (acres or linear feet). Please note that this section only ar~i71 ies trr ~.~~-ate~•s teat have shecitically been determined to be isolated by the USACE. 8. Pond ~t:.:~:.oi~ L` cosv~t~~,;cticn of a l.or..~ is proposed, associated wetland and stream impacts should be in:iu.~ec! ~ uov~: in the wetland and stream impact sections. Also, the proposed pond should be {.le:y:rib~,dr~er~~ ~lnd illustrated on any maps included with this application. Pork: tc t,+: create:' i11 (clleck all that apply): ^ uplands ^ stream ^ wetlands L-,;s~:~~:° +~le 1~~ thou of construction (e.g., dam/embankment, excavation, installation of dr~.w-dt?~,~,'7.i vai„e +.!- spillway, etc.): Updated 11/1/2GC5 Page 9 of 13 PrcEpr>s~.~:~ ,P~c r_:r purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, loc,~,l 5~:~41:~:Y,vl~t{;r,oq~.iremeilt, etc.). C~i~rrer~t l:.r.d rse in the vicinity of the pond: Si<< ;~-±' ~,.l.er~l',Fd ~.lraining to pond: Expected pond surface area: VII. Impact ~iust:i~'acatiq~h~ (.~voidrlnze and Minimization) Speciticalli inscribe; measures taken to avoid the proposed impacts. It maybe useful to provide information rt~late..1 to site constraints such as topography, building ordinances, accessibility, and financial via'o:i.ity of the project. The applicant may attach drawings of alternative, lower-impact site la>>e~_!xs,:~s:~d ,.:.plrin ~~rhy these design options were not feasible. Also discuss how impacts were ,nip-~irti ~~d ~>r?te tlae desired site plan was developed. If applicable, discuss construction techniques t~.: lie foil+~~cved during construction to reduce impacts. Bridge has been design to avoid impacts t+~ tivf_tianc:s_by ircreasin~ the length of the proposed bridge by 57 ft. and keeping the const? ~ ctic~~l Si:nit~> within the existing toe-of-slope. VIII. Mitiwf~tr,~ DWC~ - :~~ •:i cr~t'c'i.1:~ s~'e ~,iith, 15A NCAC 2H .0500, mitigation may be required by the NC Divi.,i,,;, ::r ~"..t; ~y~.aality fer projects involving greater than or equal to one acre of impacts to freshti~.-at,:r =:~~ ~~tla1~:`~:> +:~r.• `:-eater than or equal to 150 linear feet of total impacts to perennial stream;.. USAC'~- - r: ac~~~~~r.:aanc~• .~-ith the Final Notice of Issuance and Modification of Nationwide Perrr~iis, puh~r;he.~:[ iii the Federal keglster on January 15, 2002, mitigation will be required when neces~a•;~ r„ ;:~nsttre that adverse effects to the aquatic environment are minimal. Factors incluc;r>, ~:~:, ar.e' ,~y,~,e of proposed impact and function and relative value of the impacted aquatic r„ ~;e?r; ,•~:e ~~,vi l i b :~ ron idered in determining acceptability of appropriate and practicable mitig,~iioi~ a~, ;lro?~~:;~,cc:[. E~.amples of mitigation that may be appropriate and practicable include, but ar~_ ~~ot ;i:~1it+.'r'. to redu~.ing the size of the project; establishing and maintaining wetland and'or u}~lu-!li ~reti_7E aced buffers to protect open waters such as streams; and replacing losses of aquatic resr.:~~!-~:;e r~+_±r_;tions grid values by creating, restoring, enhancing, or preserving similar functicn~ ~t~?c' ~.~al~!-es, ?referable in the same watershed. If mitiL~.~i+:i:~~-; ~~ r~.~a+;lirf;t:? for this project, a copy of the mitigation plan must be attached in order for U`:~ ~;,f..'.r~ r.l cA}`~~,`~;~~ tc+ consider the application complete for processing. Any application lacki~~; ~ rcc;~_:~~~+:+ r;agati•~n plan or NCEEP concurrence shall be placed on hold as incomplete. An apnl.ic~;n` ~,;a~,.~ also choos~;~ to review the current guidelines for stream restoration in DWQ's Draft 'Ftica~:i~.::3 l~.rri:ie for Strearil Work in North Carolina (see DWQ website for most current verslor-,. ~. Prsv~:c~c.:; ori~~ ~iesc-iptic~n of the proposed mitigation plan. The description should provide a~s rr3~.lc. ":~~'orrnatin as r.~=ossible, including, but not limited to: site location (attach directions Updated 11i1i200 Page 10 of 1 ~tCt~~!C~i ~r~; ~; 1t r.)1-}~ite), of±rrcted stream and river basin, type and amount (acreage/linear feet) of n:;ati~<~.:.~~n ~roiaose.~ (restoration, enhancement, creation, or preservation), a plan view, pr+~se~-v ~ti~:~. rt~~cc:har~isrrt (e.g., deed restrictions, conservation easement, etc.), and a de:~crip'ic~: o~ th-~ cu-:rrnt site conditions and proposed method of construction. Please attach a separate :>he4~,z if liiore space is needed. ~~! /.4 2. i~'i ±ti r.ati~ :±. m~.~; .:~lso be made 17y payment into the North Carolina Ecosystem Enhancement Pr•~~~;i ~a~3 ~ C~`~'..i~F =;). Please note it is the applicant's responsibility to contact the NCEEP at (91q:; 7? i-~~?~4?b to determine availability, and written approval from the NCEEP indicating that file y ,re will to accept payment for the mitigation must be attached to this form. For aiuitiot~al ~ntc,:~r~laion regarding the application process for the NCEEP, check the NCEEP we:~ t: ;,, ~t,,,~._: ~ ~~•tiv~ncecx~.net/pav~siinlieureplace.htrn. If use of the NCEEP is proposed, pl~~:r,~ ~~r'~~_1~ ~:'~~~ a;;i~r~pri.ate box on page five and provide the following information: ~z:~:;,.:; :: c~ : ~zr+: ~ m ,°nitigation requested (linear feet): N/A +,:-~.<<;~.~..: ~rF ,,,,.,'e:~• r,~i;~:gation requested (square feet): N/A :=.~.~,~.:~~:.: r.# i?ir~ariaa ;wetland mitigation. requested (acres): N/A -~T;+"iisr~~: ~_:~:`'~•~~~:~-I-irsarian wetland mitigation requested (acres): NSA ~~. + = ~~':~~a~tal ~-;-etiand rnitiQation requested (acres): N/A IX. Envi:c•~:rvy~:rr~:~:1:_!-;3c:uin~~ntattaxa (required by I9'WQ) 1. Lk~:~~~s ~:~:.~, ~.ro.;~:~:.~ i.nvc'we an expenditure of public (federal/state/local) funds or the use of ~7u'~, ~ ; ~. ' rat~- ?:Anr1? Yes ~ No ^ 2. l y °~.; a- <.. =.1~~;-~~ r-~:- ~je;.~t require preparation of an environmental document pursuant to the r,~r:ia;~er;:~°:c~tr, .::;~ t~~;:~ i•~~atic>rtal ~~r North Carolina Environmental Policy Act (NEPA/SEPA)? 1~ t,~+:: ~'` ;.o ~ .1 e not sure whether a NEPA/SEPA document is required, call the SEPA ~oos•ciir~~~:~ ~~: a l'~ l ~) '7~3-5C'~83 to review current thresholds for environmental documentation. ~~. .:.r L_.r s_~ 3. lr j,,~::, ~•~~. ttF° c<<.;~~_Inbent review been finalized by the State Clearinghouse? If so, please ntt~ cr: ;-, ,:~:~,.v .,,.~= tl?e ~iF..l?.:~, or SEPA final approval letter. Yes ^ No X. Prap~.+s.e~~.: i;~.~~:~IG~:~ ~~~! ll:~;az~•lan a~~d Watez•sh~ed duffers (required by DV6'Q) It is t;l+°, a~_i::a::~.'~. (~~r aLer!t's responsibility to determine, delineate and map all impacts to requ;r~~c~ ~,.; ,rn'. iu:.~~.1 buirwrs associated with the project. The applicant must also provide justiT:;:->.:~.~~~:- ~~-.~ t~r:=7:mr5act~, in Section VII above. All proposed impacts must be listed herein, and r~~v3:<.~. t~~c ~:_l~a~:~i ~• identifia?~le on the ac~;ompanying site plan. All buffers must be shown on a map; ~~-1tet.i~~~~_~ or i;r?t:n71_a~.ts are proposed to the buffers. Correspondence from the DWQ Updated llil/200 Page 11 of 13 Regio=71J ~:?iI'ce .~r.a~ ~e i:~c.laded as appropriate. Photographs may also be included at the appli„ani' ~ ~ € ~ ~.::re? ; arl. 1. ~,~';_i ~.:r~.~ ;: ~•o °.~t i_~lpart i~rutected riparian buffers identified within 15A NCAC 2B .0233 (Pde~::_,e, '~~A 1'~'~<=,C Ll3 .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 213 .~?2~~r:` ~'R~at~iciierlarl Rules and Water Supply Buffer .Requirements), or other (please identf';-.____________ __ )? Yes ^ No ^ Temporary impacts from type 3 cl::~t•ar~, ,.::~~~o ~;rarl-sbing) in buffer zone 1 & 2 are shown on the permit drawings. This r(~.A~•ir€~;; a3 fe,~- ~s sryffic:i~nt work zone area. 2. if "yta'', ~4',~r?ti~« the sq~c!are feet and acreage of impact to each zone of the riparian buffers. Ii' .->~ift~°~- ~~,titis-ration i`•: ref~t,~ired calculate the required amount of mitigation by applying the ~bu Et~:;r r.ltlit:ipi:ir.•s. I Impact i%:or~"~ I ~c ua~ re fe -- ----- --- .-- ---t-- i :'. Required multiplier ,,,~;*;,~„+;,,, 3 (2 f.'or Catawba) 1.5 ~ ~ , ~,,. I _ _ __ ~ _ __ i I :':, ~: ~;e~;:nc ~ cult :!~i) eet perpendicular from the top of the near bank of channel; Zone 1. extends an ~a,iGii Nli:: ~.~ ~tl tfi:i ~;Cill rli~ ,'l'l ~~', ~J1~GOnC 1. 3. It' i>~fi'~r ~,iti::«ijn is re~c,uired, please discuss what type of mitigation is proposed (i.e., I~;~;~. ~c:r ~.; '~-;;,~;~:-t,., I~;.ip;~rian Buffer Restoration /Enhancement, or Payment into the ~~;..r~_:~...~. c.~::. ~~.estarai:ion. Fund). Please attach all appropriate information as identified -;x; ~ :.. ~~ ~ ,. ~'~ ._ :-a.r~ 2.G .0%4'? or .0244, or .02E~u. N/A XI. Stor't~:~~~~~~ c F , E ~ ; i, it jai h•~• fl`y'+~) Descr~t,w~ i;~:,:~~~~:i;:~. ~~tire;iage 4Existing and proposed) versus total acreage on the site. Discuss storn;~~ ~ .. ..t ,}c~:~ro;,rd ir. order to protect surface waters and wetlands downstream from the p ~>>.~~~r;:,:. ?t~ ret-c~fit impervious surface exceeds 20%, please provide calculations demottst:~~~r~~; to~:{: ~.ox~o ec ii~ipervious level. Impervious acreage will increase by 0.05 acres do to `a-,°: r~•~~:"._'~_~>>~r~rt~?c'zes. There will no deck drains on the bride. XII. Sews~~;t ~.3'ur rs:;d~. ti'~:•~~c~n~.e~°~d l~;i~ 1~'6~Q) Clearl~~ ti,:.~::; ~:~:~ .~air.,,:.at; t~aim~nt methods and disposition (non=discharge or discharge) of wash: ~,4•c~.~: {'',".~i 't?.w.~:~ ~-on.~ i:~?.e $~roposed projec~:, or available capacity of the subject facility. N/A Updated ll%I/200~ Page 12 0l 13 XIII. Viorafiaos; + ~::~.,e.:r~~' a~3- Iy"yr'~'~;p Is thi~, si~~ ~~: ic,i~a.z.ac~ +~f ~ViQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? 1.~..i Is this a: «tr~:~--•~n.~- ~:r~:4•~: permit application? Yes ^ No XIV. Curn.~.;x.~~t'ci~•~ 1~~*q:~~~~ty ~req~y.ired b;/ DWQ) Will t1-~:~.:~. ?:;~~~ ~ ~ :-ct { ~}ase~.l ~~n past and reasonably anticipated future impacts) result in additional dev~ia~l:a:r~.er~. ~-,h.i.,~1; c;c~ul~ i?-rpact nearby downstream water quality? Yes ^ No If yes, ~~ie~:;= s~a1-~i;~~:;r. ~ qu,:~litati~re or quantitative cumulative impact analysis in accordance with the meta !~~:~:s.•.r~t i~c~a-!i~ C,'arolira Division of Water Quality policy posted on our website at httt~ _-_~, ~; , t , .:.:~~, i; `r.. ~a.tianc~s. If no, please provide a short narrative description: XV. Oth~a~ t.~~•~~;c-~.t:u:~:.r~~~, ~fiyytio3ial). It is t~.;r:. ::~;~~: ~::~~r=~i`~- ~~aspc~~. s~l~i~ility ~to submit the application sufficiently in advance of desired cons±~-~.;:~~~~, :'~t~~~, tip allc;~~- ~yrocessing time fo~• these permits. However, an applicant may chops.; :-• ~~~ :.~~~~ ,~..~t+r~.us u~;4~~.t~:fated with construE;tion or sequencing that may impose limits on wore; ~;~:;~t::_i•;'_._: ~;~;.~,•, rlr_tvJ-~arr~''i~ schedules for lakes, dates associated with Endangered and Threat~~~:_~c' ~~> ; :~~~;~~;, ~-~ ;cc,;.~;-~1~~ilit~r problems, or other issues outside of the applicant's control). 3/~z ~o '~ 1~.; __ .5.' ~,'fl,~~~ t'~ ~~ign;~tt~re Date (AgF;,,' .:~ ~ ~i! r~r~~'y ~.f an authoriz~.ti+~r~ letter from the applicant is provided.) Updated i l/1i20U:? 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I6+07.50 -L- R \ I h 1 k 1 ~~ mz °'* k rr z ~ + Hp ~m z-o °r ~ ~ 1N ~ K-i DT ~ D < C 7c Z "m inz ~ ,~ ~ ~ ~ ~~ 17+00 1 on A ~H 1 Z 1 r " ~ m 1 z ~ < ~ ~ -- m x H N E \ O O O N ~ L1 ~ ~ r' H-i Z 0 +s Ld 0z 5+J-~ ~ 18+00 o+ ~ mo 3 -' 1 C O (/1 ~m .. (7 ~ mo ~°~m fTl -1 rz comz rm mN~o ~_ ~ m`- zzzN Z ~ <~ nO°3 ~ ,n m W Dm z n ~ (~ 2 r D c z O N m m 0 V W C ~ ~1 ~ Tl D I , ~ D D ~ r n V ~ ~~~ b~ ~~ '. -. ri ` j ~ ~ W ~,r i ~~ ~ _ ~ . t~ ItJ ' ' j ~ ~--~ ._. ._...y- ~ ~ ~ ~ _ ' j ! , ~_• ~ i _._ ~ _~_ __ ~_ . ~ I I I ' I j ~~ia~ .. ~ ~ -~ 'r' ' I ~Iv. C i I ~' I ~ ~', 1 i ' ., I~ '. i >y I j I --~ i ~ ~ ~ ~ I i ~ i.> I y ., -----, __ _.. _ - --i 1 h ~ I I ~ ~ .i_ -- - --.-. _' - -- j '.:: i ~ ~ ~" ! i ~ ~ ' ~ '~ i ,.:~ -' ~ -- - - - -- I ~ n i , , j ' . . ~ <'~ ~ A o A i ~ ~ ~ ~ C~ o p j -~ i j ~ I ~ i ~ ~~ ~. ~ I . I ' i '. J =; ' 1 I I ~ "1 I ~ I II I ~ I ,` ~ ~~-~ _ _- - __ ~ --r -,-----. ' H I . • ~, i . ,,, ..~ , ~. ~ i i March 22, 2007 Mr. Gary Jordan U.S. Fish and Wildlife Service Raleigh Field Office 551F Pylon Drive Raleigh, North Carolina 27606 RE: Informal Section 7 Consultation for Protected Species, Ocracoke Island Bridge Replaceme:lt Projects, Hyde County, North Carolina State Transportation Improvement Program (STIP) B-5015, B-5016, B-5017, North Carolina Moving Ahead (NCMA) 1009B, MA 1011B, and SB 622 Dear Mr. Jordan, The North Carolina Department of Transportation (NCDOT) proposes to replace the seven bridges on NC Highway 12 (NC 12) on Ocracoke Island with new structures constructed at the existing locations (Figure 1). The proposed seven project sites will be built using State funding through the State Transportation Improvement Program (STIP), North Carolina Moving Ahead (NCMA), and NCDOT Division 1 bridge maintenance funds. The bridge sites are identified as Bridge No. 10 over Island Creek; Bridge No. 24 over Shad Hole Creek; Bridge No. 31 over Old Hammock Creek; Bridge No. 39 over Molasses Creek; Bridge No. 42 over Quokes Point Creek; Bridge No. 46 over Parkers Creek; and Bridge No. 49 over Try Yard Creek As of January 29, 2007, the USFWS has listed the following species in Hyde County as receiving federal protection: American alligator (Alli~ztarrrBSSissippiensis), bald eagle (Halia~iu lezrareplaalzrs), red-cockaded woodpecker (Picvidg lrorazlzs), piping plover (Claarac~rizzs m~ae~rs), red wolf (Carris ru, firs), West Indian manatee (Trida~lius rmnatus), green sea turtle (C,l.~elau'a rrz~as), hawksbill sea turtle (E retorr~ad~eljs rr~ricata), Kemp's ridley sea turtle (Lepicladael~s kar~riz), leatherback sea turtle (Dem~adaelys mnacpa), logge_-head sea turtle (Casaxa rare~ta), shortnose sturgeon (Acipaaser br~irr~strum), seabeach amaranth (A~rurarnfitrs~)~ and sensitive joint-vetch (Aesd~ynom~ze urginica). Previous implementation plans called for replacing the bridges sequentially over multiple yews without using the beach for detour access. Based on this construction plan and in accordance with Section 7 of the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. 1531-1543), Mr. Pete Benjamin noted in a March 4, 2005 letter that the USFWS concurred with a determination that bridge construction would have "no effect" on these species with the exception of the West Indian manatee. With implementation of the Service's "Guidelines for Avoiding Impacts to the West Indian Manatee" for this project, a determination of "May Affect, Not Likely to Adversely Affect" was concurred for the manatee. Revisions to the implementation plan now call for construction of the new bridges to occur simultaneously during the January 2 to March 15, 2008 winter season and will require the NC 12 roadway be closed to traffic during that period. To accommodate local traffic on Ocracoke Island, the National Park Service (NPS) has proposed to open the Atlantic coast beach for off- road vehicle travel between the NPS campgrounds access ramp (south of the bridge sites) and MuLKer INC. 6750 TaroN Roa.o GARY, NC 2751 1 P^ Box 331 27 RALeiGH, NC 27636 PH: 919-851.1 91 2 FAX: 91 9.851.1 91 8 WWW.MULKEVIN0. COM Mr. Gary Jordan, USFWS March 22, 2007 Page 2 the Pony Pens dune break (north of the bridge sites). Figure 1 provides an overview of the bridges sites and proposed beach detour route. The N®OT retained Mulkey, Inc. (Mulkey] to conduct natural resources investigations to determine the presence of protected species or their habitats as part of National Environmental Policy Act requirements. Mulkey is also preparing a Natural Resources Technical Report for the project. To support this effort field surveys were conducted by qualified biologists from Mulkey for the seven bridge sites between October 28 and November 11, 2004 and along the Atlantic coast beach on February 27, 2007. The surveys were conducted to investigate the presence of protected species and habitat assessments. During these surveys, Mulkey personnel identified possible habitat for sea turtles, piping plover, and sea-beach amaranth. It rs noted the optimal survey window to determine the presence of sea-beach amaranth is annually between June and the first frost. Since project construction will occur outside timeframes for sea turtle and piping plover nesting seasons and the growth season for sea-beach amaranth, the NCDOT requests your concurrence with a determination of "May Affect, Not Likely to Adversely Affect" for sea turtles, piping plovers, and "No Effect" for sea-beach amaranth. The following information is provided in support of the biological conclusion. Sea Turtles Green t~.~rtles are found worldwide in both tropical and sub-tropical waters. They travel using pelagic convergence zones and use shallow protected waters for benthic feeding grounds. Adults feed largely on marine algae and grasses but may also eat small mollusks, sponges, crustaceans, and jellyfish. Females lay eggs at night on high-energy oceanic beaches in deep nest cavities above the high water line. In North Carolina, the nesting season generally occurs between Mxy 1 and October 31. According to the NPS, sea turtle strandings typically occur between the fall and spring seasons, indicating sea turtles are using the Pamlico Sound as a winter feeding ground. Two juvenile green turtle strandings in marshes between the Hatteras ferry dock aril Ocracoke Village were documented by the NCWRC between 1999 and 2004. Appropriate nesting habitat is available along the Atlantic coast beach and foraging is available in waters of the Pamlico Sound. Because the project will occur during the winter season when green sea turtles are not likely to use the Ocracoke Island beach or tidal creeks, concurrence with a "May Affect, Not Likely To Adversely Affect" deternnation is requested. Adult Kemp's ridley turtles are thought to be shallow water benthic feeders, eating crabs and mollusks. Juveniles and sub-adults travel the Atlantic coastal waters from Georgia to New England, where they feed in bays, coastal lagoons, and river mouths, while adults are usually confined io the Gulf of Mexico. Hatchlings feed on sargassum and associated invertebrate fauna or other pelagic species in the Gulf of Mexico. Appropriate foraging habitat is available in the project vicinity and includes the SAV beds of the Pamlico Sound on the west side of Ocracoke Island. Stranding records for waters of the sound between the Hatteras ferry dock and Ocracoke Village include juvenile Kemp's ridley turtles found during fall or winter months that were likely feeding near inshore waters around the island. The NCDOT requests concurrence with a determination of "May Affect, Is Not Likely To Adversely Affect" for Mr. Gary Jordan, USFWS March 22, 2007 Page 3 Kemp's ridley sea turtles since project construction will occur during the winter and Kemp's ridley turtle is not likely to use the Ocracoke Island beach or tidal creeks. Leatherback sea turtle nesting is more prevalent in tropical waters along the coast of Mexico but they have also used southeast Atlantic coast beaches between March and July. Females prefer high-energy beaches with deep unobstructed access such as found along continental shorelines. Little is known of hatchling and juvenile distribution, but it is believed they migrate between tropical and subtropical pelagic habitats. Jellyfish are the primary diet of leatherbacks, and foraging often occurs at the surface in shallow bays and estuaries. Stranding records collected since 1999 for waters of the sound between the Hatteras ferry dock and Ocracoke Village do not include any leatherback turtles. Appropriate foraging habitat is available in the project vicinity in the Pamlico Sound on the west side of Ocracoke Island. Project construction will occur during the winter when leatherback sea turtles are not expected to occur along the Ocracoke Island beach or tidal creeks. Concurrence with a biological conclusion of "May Affect, Not Likely to Adversely Affect" is requested. Loggerheads are distributed worldwide and seem to prefer temperate and subtropical nesting sites. 1 hey are the most commonly occurring sea turtle in North Carolina coastal waters. Adult females rest on beaches of bamer strands adjacent to continental land masses. Nesting occurs nocturnaly between April and September along the southeastern Atlantic coast. Appropriate nesting l~abirat includes the Atlantic coast beaches of Ocracoke, where turtle nesting season genera'~.y occurs between May and October. Hatchlings and subadults develop while in pelagic drift lir<<<>> and convergence zones before migrating to near-shore and estuarine waters along continental margins. Loggerhead turtles feed primarily on mollusks, crustaceans, and other benthic invertebrates but may also scavenge fish and eat sea grasses. Foraging habitat includes the SAV beds of the Pamlico Sound on the west side of Ocracoke. Island. The NPS indicates four uvenile loggerhead turtles have been stranded between the Hatteras ferry dock and Ocracoke Village since 1999. Available data indicates loggerhead turtles are not using tidal creek; but ratl-~er remain in the Sound or along the Atlantic coastline. Since project construction will occur during winter months and will end before the nesting season begins, concurrence with a detemunation of "May Affect, Not Likely to Adversely Affect" is requested. Hawksbill turtles are found worldwide in tropical and subtropical waters, where they use different habitats during different life stages. Hatchlings feed and shelter in pelagic convergence zones, while adults use low and high energy coastal beaches for nesting. They forage in coral reefs, rocl~yr outcrops, and high energy shoals of surrounding waters where they feed primarily on sponges but will also eat invertebrates, algae, mangroves, and other types of plants. The NCNI~' has one record of a hawksbill sea turtle occurring in the Pamlico Sound off Hatteras Island (Buxton area) in 1988. Since construction of the replacement bridges and the beach access detour will occur during the winter season when sea turtles are not likely to use the Ocracoke Isl<~tnd beach or tidal creeks, concurrence with a May Affect, Not Likely to Adversely Affect conclusion is reouested for hawksbill sea turtles. Mr. Gary Jordan, USFWS March 22, 2G07 Page 4 Piping Plover Piping plovers migrate northward between February and April to breeding grounds and southward between July and September to wintering grounds. When they arrive on breeding grounds in the early spring they establish nest sites in sandy coastal beach substrates above the high tide line, on sandflats at the ends of sandspits and bamer islands, on gently sloping foredunes, and on blowout or washover areas behind and between dunes. Eggs maybe laid from mid-April to late July with only a single brood fledging per season. Foraging for marine worms, fly larvae, beetles, crustaceans, and mollusks occurs on intertidal portions of ocean beaches, washover areas, mud and sandflats, wrack lines, and coastal marsh shorelines. Feeding may occur during all hours of the day and night and all stages of the tidal cycle. Appropriate nesting habitat for piping plover is available at the northern and southern points of Ocracoke Island and foraging habitat is available along the Atlantic beach areas of the island. Large numbers of migrating plovers have been observed along North Carolina's bamer islands, including the Ocracoke Inlet and Portsmouth Flats area. A March 7, 2007 review of North Carolina Natural Heritage Program (NCH') maps confirmed that known nesting sites or populations are located more than 5 miles from the southernmost bridge site and more than 6 miles from the northernmost bridge site. A review of bird census data collected on Ocracoke Island by the North Carolina. Wildlife Resources Commission indicates piping plovers have been sighted at Nesting areas at the south point of the island as early as January. Since the scope of the project is limited to construction of new bridges on existing locations near the central part of the island and detour access along the beach will be limited to the interior of the island, potential piping plover nesting areas will not be impacted by project construction. Concurrence with a determination of "May Affect, Not Likelyto Adversely Affect" is requested for piping plovers. Seabeach Amaranth Seabeach amaranth is native to Atlantic coast barrier island beaches and occupies dynamic portions of the landscape. Primary habitat consists of overwash flats at accreting ends of islands, lower foredunes and upper strands of stable beaches, and occasionally on sound-side beaches, foredune blowouts, and dredge spoils. Seabeach amaranth is an annual plant with fleshy reddish or pink red stems and small rounded leaves that cluster toward the tip of the trailing stems. Seeds are produced from mid-summer until the fast frost; banked seeds can survive for years and successfully germinate once exposed. Appropriate habitat for seabeach amaranth is available in the project vicinity on the Atlantic coast and sound-side beaches of Ocracoke Island. However, NCNHP records indicate there are no populations of this plant on Ocracoke Island (as of February 2007 database records). Since project construction will occur during the winter, seabeach amaranth would not be present along the beach detour route. Concurrence with a determination of "No Effect" is requested for seabeach amaranth. Principal Investigators Cindy Carr and Harold Brady have conducted numerous Section 7 field investigations and informal consultations for protected species, including Michaux's sumac (Rhos rrad~auxia), Mr. Gary Jordan, USFWS March 22, 2007 Page 5 sensitive joint-vetch (Aesdrynorr~ne urgirrira), seabeach amaranth (Arrttrarnlnrs prsnalus), Schweinitz's sunflower (Helucrrtln~s sdnearutzia), dwarf-flowered heartleaf (Hexast~~is r~ardflor-a), pondberry (Lindera rrrlissifa~ia), rough-leaved loosestrife (L~Sirradria asperulaefatia), and Virginia spirea (Spiraea urgirriana). During the last several years, Ms. Carr has attended rare and protected species plants workshops conducted by U.S. Fish and Wildlife Service, Raleigh Field Office personnel and the NCNF~'. During her undergraduate program studies at North Carolina State University she spent nearly three years working on a Michaux's sumac propagation project with a Department of Forestry faculty member. She is currently pursuing graduate studies in the Fisheries and Wildlife Science program at North Carolina State University. Cindy S. Carr, Senior Scientist Education: BS, Ecosystem Assessment, North Carolina State University AS, Business Administration, Calhoun State College Experience: Mulkey Engineers & Consultants, November 2002 to present ARCADIS, May 2000 to November 2002 CH2M H[LL, October 1989 to June 1996 Certifications: Wetland Professional-In-Training, Society of Wetland Scientists, 2001 Stream ID and Buffer Rule Applications Program, NCDWQ, 2002 Benthic Collection Protocols for Stream Restoration, N®WQ, 2002 Expertise: NEPA investigations, Section 7 field investigations and consultations, wetland determination and delineation, stream determination and delineation, 404/401 permits, stream and wetland restoration, habitat assessments, Rosgen stream assessment and classification, Phase I environmental site assessments Harold I'vI. Brady, Scientist Education: BS Ecosystem Assessment, North Carolina State University Experience: Mulkey Engineers & Consultants, October 2003 to present ARCADIS, January 2000 to September 2003 Certifications: Benthic Collection Protocols for Stream Restoration, NCDWQ Expertise: NEPA investigations, Section 7 field investigations, wetland determination and delineation, stream determination and delineation, stream and wetland restoration, habitat assessments, GPS/GIS data collection, and Phase I environmental site assessments. If you have any questions or require additional information about the project or field investigations, please contact me at your earliest convenience. Sincerely, U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. 200610034 County: Hyde U.S.G.S. Quad: Howard Reef NOTIFICATION OF JURISDICTIONAL DETERMINATIO - p ii Property Owner/Agent: North Carolina Department of Transaortation ~ E ~ ~ 1 V ~ D Address: GreQOrv J. Thorpe, Ph.D 1548 Mail Service Center Raleish, North Carolina 27699-1548 .IAN 2S 200b Telephone No.: (919) 733-3141 Property description: ~~~~ ~F HICiHWAY$ Size (acres) 5 acres Nearest Town Ocracoke POEA'QFFIBf ~ NANRAL EI~W~~' Nearest Waterway Island Creek River Basin Pamlico Sound USGS HUC 03020105 Coordinates N 35.1268952 W 75.9221465 Location description The project is located on NC Hwy 12 at BridSe # 10 north of the village of Ocracoke adjacent to and crossin2Island Creek. Indicate Which of the Following Apply: _ Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). _ There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination maybe relied upon for a period not to exceed five years from the date of this notification. X There are waters of the U.S. including wetlands on the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination maybe relied upon for a period not to exceed five years from the date of this notification. _ We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps. _ The wetland on your property have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, maybe relied upon for a period not to exceed five years. X The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on 10/20/2005. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Elizabeth City, NC, at (252) 264-3901 to determine their requirements. Page 1 of 2 Action Id. 200610034 Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Bill Biddlecome at (252) 975-1616 ext. 26. Basis For Determination: This site exhibits wetland criteria as described in the 1987 Coras Wetland Delineation Manual and is Hart of a broad continuum of wetlands connected to Island Creek. a tributary of the Pamlico Sound. Remarks: ^, / Corps Regulatory Official: W Date 10/20/2005 Copy Furnished: Cindy Carr Mulkey Engineers & Consultants P.O. Box 33127 Raleigh, North Carolina 27636-3127 Expiration Date 10/20/2010 Page 2 of 2 A licant: NCDOT File Number: 200610034 Date: 10/20/2005 Att ached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of A ermission PROFFERED PERMIT Standard Permit or Letter of ermission B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E ~; ;~, . ,. . -- . ;. a . ., ~.:.. ..A ...~ .. _.,..... R ... ._:... ~ .. ... .. ~ ... i... Mai."N' A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which maybe appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. ~ ~ REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is alread in the administrative record. ~~~~~. ~ ~ ~ ~ If you have questions regarding this decision If you only have questions regarding the appeal process you and/or the appeal process you may contact: may also contact: Bill Biddlecome Mr. Michael F. Bell, Administrative Appeal Review Officer Regulatory Division CESAD-ET-CO-R Washington Filed Office U.S. Army Corps of Engineers, South Atlantic Division Washington, North Carolina 27889 60 Forsyth Street, Room 9M15 252 975-1616 ext.26 Atlanta, Georgia 30303-8801 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 1 S day notice of any site investigation, and will have the opportunity to participate in all site investi ations. Date: Telephone number: Si ature of a ellant or a ent. DIVISION ENGINEER: Commander U.S. Army Engineer Division, South Atlantic 60 Forsyth Street, Room 9M15 Atlanta, Georgia 30303-3490