20070606 Ver 1_Application_20070404

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STATE OF NORTH CAROLINA FY: ,,, ,~ ~,~ 1(9~4~
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY LYNDO TIPPETT
..
VOVERNOR SECRETARY
Mazch 22, 2007
U.S. Army Corps of Engineers
Regulatory Field Office ('~
Post Office Box 1000 V " ~ ~~
Washington, N.C. 27889-1000 (j
Attention: Bill Biddiecome
Subject: GP 3 t perni-: request associated with the replacement of bridge #39 over Molasses Creek on
Ocracoke Island, Hyde County.
Tl:e North Carolina Department of Transportation is requesting a GP 31 permit for the
replacement of bridge # 39 over Molasses Creek on Ocracoke Island in Hyde County. The proposed bridge
is 250 ft. in length by 3~ ft. in width. It will be a precast cored slab structure consisting of two end bents
and four interior bents. Each interior bent will have 8 concrete piles. This bridge will be replacing a 152 ft.
long by 20 ft. wide wooden bridge supported by 19 wooden bents and piles. The existing bridge and pilings
will be removed. If pilings cannot be extracted from Molasses Creek, they will be broken of below the mud
line. The bridge design does not require any fill beyond the existing toe of slope, which results in no
wetland or surface water impacts. Bent # 3& 4 piles are located below the NWL of Molasses Creek and
will result in 28 sq. ft. of surface water impact. The longer bridge will allow old approach f 11 removal,
resulting in 0.1 ~ acres being restored to the surrounding wetland elevation. This area is shown on the
provided drawings. Traffic will be detoured ofi-site on a beach access route coordinated with the NPS. This
route will begin at the Pony Pens and continue south to ramp # 68. In conjunction with this request
NCDOT is also requesting a general permit from the DCM and a special use permit from the NPS, which
authorizes tiie bridge replacement and detour route. This bridge replacement will be conducted between
January 2 and March 15 of 2008. Included with this request are the PCN, permit drawings, USFWS
concurrer:ce request letter and vicinity maps. If you need any additional information or have any questions
concerning this project, please call me at 252-482-7977.
Sincerely,
Anthony Roper
Division One Eng~in, e~er/~
Clay Willis ~ d "`~
Division One Environmental Officer
Cc: Garcy Ward, DWQ
Gary Jordan, USFWS
Travis Wilson, WRC
Thayer Broili , NPS
Steve Thompson ,NPS

Bridge # 39 Replacement
Ocracoke, Hyde County

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Office Use Only: Form Version Mazch OS
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "loot appncante~~ or ..iviti .J
I. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ® Riparian or Watershed Buffer Rules
^ Section 10 Permit ^ Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ^ Express 401 Water Quality Certification
2. Nationwide, Regional 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 required, check here: ^
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ^
If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here:
II. Applicant Information
Owner/Applicant Information
Name: NCDOT Division One (Clan Willis)
Mailing Address: 113 Airport Drive Suite 100
Edenton N.C.27932
Telephone Number: 252-482-7977 Fax Number: 252-482-8722
E-mail Address: tcwillis(cr~dot state nc us
2. AgentiConsultant Information (A signed and dated copy of the Agent Authorization letter
must he attached if the Agent has signatory authority for the owner/applicant.)
Name:
Company Affiliation:
Mailing Address:
Telephone Number: Fax Number:
E-mail Address:
Updated 11/1/2005
Page 5 of 13

III. Project Iyiformation
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad. Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather 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 has been placed on hold until decipherable maps are provided.
1. Name of project: Bridge # 39 replacement in Ocracoke Hyde County
2. T.I.P. Project Number or State Project Number (NCDOT Only): 39395
3. Property Identification Number (Tax PIN): N/A
4. Location
County: Hyde County. Nearest Town: Ocracoke
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers/names, landmarks,, etc.): From the
Hatteras/Ocracoke Ferry Dock the bride is 7.95 miles south on NC 12.
Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35.137058 °N 75.901508 °W
6. Property size (acres): 0.50 acres
7. Name of nearest receiving body of water: Molasses Creek / Pamlico Sound
8. River Basin: Tar-Pamlico
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http:/,~h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Existing 152 ft. wooden bridce along NC 12 that crosses
over Molasses Creek The surrounding landscape is beach /dune, maritime shrub, wetlands
community that is within the National Park Service Cape Hatteras Sea Shore.
updated t vi~zoos
Page 6 of 13

10. Describe the overall project in detail, including the type of equipment to be used: Bridge #
39 is an existing 152 ft X 20 ft wooden bridge on timber bents and piles. This bridge is
bein replaced with a 250 ft long X 35 ft. wide precast cored slab concrete bridge. The
proposed bride will have two end bents and four interior bents as shown in the provided
drawings Each interior bent will have 8 piles Rp-rap will be placed at each end bent to
prevent scour The old fill will be removed and grade level will be restored to surrounding
wetland elevation Equipment used will include cranes excavators, dumptrucks. Traffic will
be detoured around the site byy using a beach detour as allowed by the National Park Service
~ecial usepermit
11. Explain the purpose of the proposed work: To replace an existing bridge that has received
a poor stnictural rating The new bridge will insure the traveling_public asafe route to
Ocracoke Village from the Hatteras/ Ocracoke Ferry terminal.
IV. Prior Project history
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USAGE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.. In coniunction with this COE / DWO hermit, NCDOT will be acquiring
a DCM eg_neral~ermit and a special use permit from the NPS.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application:
None
VI. Proposed Irnpacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated .with the project. Each impact must be
Updated 1 li 1!2005
Page 7 of 13

listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing; or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: The bridge replacement will be
conducted within the existing toe of slime, therefore there are no wetland impacts associated
with this project Bent #3 & # 4 will have piles placed below the normal water line of
Molasses Creek and will result in 28 sq.ft of surface water impacts. The old bride has 19
bents and associated wooden pilings that will be removed. The existing piles will be pulled
out or cut of below the mud line of Molasses Creek. The proposed lon eg r bride will result in
0 15 acres of old fill being removed and the Around restored to surrounding wetland
elevation.
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, till, excavation, flooding, ditching/drainage, etc. For dams,
cena7-ately list imnactc dne to tenth ctntcfi~re and fl~~din~. NONE
Wetland Impact
Site Number ~
(indicate on map)
T}ape of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Ploodplain
es/no) Distance to
Nearest
Stream
linear feet) Area of
Impact
(acres)
i
i
I
I

Total Wetland Impact (acres)
3. List the, total acreage (estimated) of all existing wetlands on the property: 0.10 acres
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. Is stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
N~i~II~:
Updated 11/1/2005
Page 8 of 13

Stream Impact
Number
(indicate on ma)
Stream Name
Type of Impact Perennial or
Intermittent? Average
Stream Width
Before Im act Impact
Length
(linear feet) Area of
'Impact
acres)

Total Strewn Impact (by length and acreage)
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact
Site Number
(indicate on ma)
Name of Waterbody
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,

ocean, etc.) Area of
Impact

arses)
Bent 3&4 (pilings} Molasses Creek Fill from pilings Estuary, sound 0.0006

Total Open Water Impact (acres) ~ 0.0006
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Im act (acres): None
Wetland Im act (acres}: None
j Open Water Impact (acres): 0.0006
j Total Impact to Waters of the U.S. (acres) 0.0006
_
l otal Stream Impact (linear feet): None
7. Isolated Waters
Do any isolated waters exist on the property? ^ Yes ~ Na
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or Linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.}:
Updated 11 / l /2005
Page 9 of 13

Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimisation)
Specifically describe measures taken to avoid the proposed impacts. It maybe useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact.
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable; discuss .construction
techniques to be followed during construction to reduce impacts. Bridge has been design to avoid
impacts to wetlands by increasing the length of the proposed bridge by 98 ft. and keeping the
construction limits within the existing toe-of-slope.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one .acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, litigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered. in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that maybe appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated puffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed. on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina (see DWQ website for most current
version.}.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited tn: site location (attach directions
Updated 11/1/2005
Puge 10 of 13

and/or map, if offsite), affected stream and river basin, typ? and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact tl~e NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check. the NCEEP
website at http:%~'www.nceep.net/~a~es/inlieureplace.htm. If use of the NCEEP. is proposed,
please check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): N!A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N,'A
Amount of Non-riparian wetland mitigation requested (acres): N'A
Amount of Coastal wetland mitigation requested (acres): Nf`A
IX. Envi~•onrnental I'locumentation (required by I)WQ)
1. Does the project involve an expenditLire of public (federal/state/local) funds or the use of
public (federal; state) land? Yes ® No ^
2. If yes, does the project require preparation. of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEP A/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for em~ironmental documentation.
Yes ~ No ^
3. If yes, has the document review been finalized by the State Clearinghouse? If sa, please
attach a copy of the NEPA or SEPA final approval letter. Yes ^ No
X. Proposcd Impacts on Riparian and 'Watershed Buffers (required. by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and' local buffers associated with the project. The applicant must also provide
justif cation for these impacts in Section VII above. rll proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correslondence from the DWQ
Updated 11/1/2005
Fage 11 of 13

Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ® No ^
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multi>,liers.
Zone* Impact
s uare feet Multiplier Required
Miti ation
1 3 (2 for Catawba)
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends air
additiona120 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information. as identified
within l5A NCAC 2B .0242 or .0244, or .0260. N%A
XI. Stormwater {required by DWQ}
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters anct ti;retlands downstream from
the prop?rty. If percent impervious surface exceeds 20°ro, please provide calculations
demonstrating total proposed impervious level. Impervious acreage •vyill increase by 0.05 acres
do to ne~~• bridgee approaches. There will no deck drains on the bridge.
XII. Sewage I3isposal {required by D~'Q)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewat?r generated from the proposed project, or available capacity of the subject facility.
updated 1 vlizoo~
Page 12 of 13

XIII. Violatio~-~s (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 21I.0500) or any Buffer Rules?
Yes ^ No
Is this an after-the-fact permit application? Yes ^ No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downst-ream water quality? Yes ^ No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
httpaih?ctenr.stat~;.nc.us/ncwetlands. If no, please provide a short narrative description:
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application suff cien~tly in advance of desired
constnlction dat°s to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work sch°dules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues o~~tsi~e of the applicant's control).

Alaplacant/Agent's ig ature I-ate
(Agent's sib nature is valid only if an authorization letter from th° appli~,ant is provided.)
Updated 11/1/2005
Page 13 of 13

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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 200610037 County: Hyde U.S.G.S. Quad: Howard Reef
NOTIFICATION OF JURISDICTIONAL DETERMINATIO ~y~~~~~®
Property Owner/Agent: North Carolina Department of Transportation (~!
Address: Greeory J. Thorpe, Ph.D
1548 Mail Service Center JAN ~6 2C0~
Raleigh, North Carolina 27699-1548
Telephone No.: f919) 733-3141 Q,~Sf~;a, Gr ~~~~<~~~5
Property description: ~'~`L ~~ ~'A','ElAf1L EP~~f~t)NMEI1fT
Size (acres) 5 acres Nearest Town Ocracoke
Nearest Waterway Molasses Creek River Basin Pamlico Sound
USGS HUC 03020105 Coordinates N 35.1368868 W 75.9020281
Location description The project is located on NC Hwy 12 at Bride # 39 north of the viltaee of Ocracoke adjacent to
and crossing Molasses Creek.
Indicate Which of the Following Apply:
_ Based on preliminary information, there maybe 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 may be 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, may be 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 maybe relied upon for a period not to exceed five yeazs 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 [phone] to determine
their requirements.
Page 1 of 2

Action Id. 200610037
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 [phone] ext. 26.
Basis For Determination: This site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation Manual
and is Hart of a broad continuum of wetlands connected to Molasses Creek, a tributary of the. Pa_mlc_o Sound..
Remarks: ~' /
Corps Regulatory Official: " W r
Date 10/20/2005 Expiration Date 10/20/2010
Copy Furnished:
Cindy Carr
Mulkey Engineers & Consultants
P.O. Box 33127
Raleigh, North Carolina 27636-3127
Page 2 of 2

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A licant: NCDOT File Number: 200610037
Date: 10/20/2005
At tached 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
SECTION I -.The following identifies your rights and options regarding amadministrative appeal of the above
decision. Additional information maybe found at`http•%/www:usace.army.mil/inet/functions%cw/cecwohe~ or
Co s re lations at 33 CFR Part 331;
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 may be 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.
SECTION II =~RE UEST FOR APPEAL or OBJECTIONS T0'AN INITIAL PROFFERED PERMIT ~ ~ { .
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.
POINT- OF.CONTACT FOR. - UESTIONS OR INFORMATION:
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 15 day notice of any site investigation, and will have the opportunity to participate in all site
investi ations.
Date: Telephone number:
Si nature 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

March 22, 2007
Mr. Gary Jordan
U.S. Fish and Wildlife Service
Raleigh Field Office
551F Pylon Drive
Raleigh, North Carolina 27606
RE: Infom~al Section 7 Consultation for Protected Species, Ocracoke Island
Bridge Replaceme:zt 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 (N®OT) 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 (Alligator rrlGSSZSSippier~szs), bald eagle (Halia~s larcnc~halus~,
red-cockaded woodpecker (Picnides lrorpalis), piping plover (C~aaracliius rrz~a~rs), red wolf (Carus
rufirs), West Indian manatee (Trufi~ius mxnatus), green sea turtle (Claelorria m}rlas), hawksbill sea
turtle (E~torrxxh~js rr~ricata), Kemp's ridley sea turtle (Le~trula~lla kerr~ria), leatherback sea turtle
(Demaxhel~s mriacra), logge_-head sea turtle (Carets caretta), shortnose sturgeon (Acipaxser
brezirostn~, seabeach amaranth (Amzrarnlnrs puYralus), and sensitive joint-vetch (Aed~ynorrene
zirgirura). Previous implementation plans called for replacing the bridges sequentially over
multiple years without using the beach for detour access. Based on this construction plan and in
accordance with Section 7 of the Endangered Species Act (SSA) 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 (Nl'S) 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
MULKEY INC. 67SC TRY^N Roao GARY. NC 27511 PO Box 33127 RALEIGH, NC 27636 PH: 919.851-1912 FAX: 919•B57.1916 www.MULKEVINC. COr-1

Mr. Gary Jordan, USFWS
March 22, 2001
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 NCDOT 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 is noted the optimal
survey window to detemune 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 N®OT 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 infom~ation is
provicled in support of the biological conclusion.
Sea Turtles
Green t~.~rt??~ 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 T~=eta 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 Ma;% 1 and October 31. According to the NPS, sea turtle strandings typically occur
between rf:e 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 doc'.~ grid 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" determination is requested.
Adult Kernp's ridley turtles are thought to be shallow water benthic feeders, eating crabs and
mollusk. 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 wereliiiel}~ feeding near inshore waters around the island. The N®OT 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 t?artle is Trot 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
Adverseiy~ Affect" is requested.
Loggerheads are distributed worldwide and seem to prefer temperate and subtropical nesting
sites, ~ nev are the most commonly occurring sea turtle in North Carolina coastal waters. Adult
females r~e.,t on beaches of bamer strands adjacent to continental land masses. Nesting occurs
noctL~rnai_~y be~ween April and September along the southeastern Atlantic coast. Appropriate
nesting fi~ar~it<r~~ includes the Atlantic coast beaches of Ocracoke, where turtle nesting season
genera.+iy~ ecc~~rs between May and October. Hatchlings and subadults develop while in pelagic
drift li^~:s a.n;.l convergence zones before migrating to near-shore and estuarine waters along
continen~al n-~ri~ins. Loggerhead turtles feed primarily on mollusks, crustaceans, and other
benthic L~vertebrares but may also scavenge fish and eat sea grasses. Foraging habitat includes
the SAV 'oeds of the Pamlico Sound on the west side of Ocracoke Island. The NPS indicates
four iuv~nile loggerhead turtles have been stranded between the Hatters ferry dock and
Ocracoi<.e ~Tiila.ge since 1999. Available data indicates loggerhead turtles are not using tidal
creeks l:ut ratl-ier 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 deternvnation of "May Affect, Not Likelyto 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, rocky 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
NCN1-IP 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
Ocracol~e lsl<~rrd beach or tidal creeks, concurrence with a May Affect, Not Likely to Adversely
Affect concbi`~ion is requested for hawksbill sea turtles.

Mr. GarsT 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 amve 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 Flaxs area. A March 7, 2007 review of North
Carolina Natural Heritage Program (rTC~THP) 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 b~y the l~forth 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 plo•~~er nesting areas will not be impacted by project construction. Concurrence with a
detemu.~.arion of "May Affect, Not Likely to Adversely Affect" is requested for piping plovers.
Seabea~;h Amaranth
Seabeach amaranth is native to Atlantic coast barrier island beaches and occupies dynamic
portions cf 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 first 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, NC~Tf-IP records indicate there are no populations of this plant on
Ocracoke Island (as of February 2007 database records). Since project construction will occur
dumb 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
Candy Carr and Harold Brady have conducted numerous Section 7 field investigations and
inforrr~~,l consultations for protected species, including Michaux's sumac (Rlnrs rrichazrxtt),

Mr. Gary,;crdan, USFWS
March 22, 2007
Page 5
sensitive jcint-vetch (Aesdrynorreneurgirttca), seabeach amaranth (Amxrarrxhus~~nalus), Schweinitz's
sunflower (Helua7tlnrs sd~zeeinitziz), dwarf-flowered heartleaf (Heeasty~u nanifloj-a), pondberry
(Cinders rrr~z~sifalia), rough leaved loosestrife (L~sirradria asperula~adia), and Virginia spires (Spiraez
zirginians). 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
NCNHP. 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 HILL, October 1989 to June 1996
Certifica ions: Wetland Professional-In-Training, Society of Wetland Scientists, 2001
Stream ID and Buffer Rule Applications Program, N®WQ, 2002
Benthic Collection Protocols for Stream Restoration, NCDWQ, 2002
Expertise: NEPA investigations, Section 7 field investigations and consultations,
wetland deternunation 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 `y1. Beady, 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 rave any- questions or require additional information about the project or field
investigations, please contact me at your earliest convenience.
Sincerely,