20070597 Ver 1_Application_20070404

J Bridge # 31 Replacement
Ocracoke, Hyde County
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Office Use Only' Form Version March OS
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter °NOt r~ppucaoie- or -i~iri .~
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: ^
5. 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
Enviromnental Concern (see the top of page 2 for further details), check here:
II. Applicant Information
1. OwneriApplicant 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~a dot state nc us
2. AgentiConsultant Information (A signed and dated copy of the Agent Authorization letter
must be 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 Information
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: Bride # 31 replacement in Ocracoke Hyde County
2. T.LP. Project Number or State Project Number (NCDOT Only): 39394
3. Property Identification Number (Tax PIN): N/A
4. Location
County: Hyde County Nearest Town: Ocracoke
Subdivision name (include phase/lot number): I~?!A
Directions to site (include road numbers/names, landmarks, etc.): From the
Hattt;rasiOcracoke Ferry Dock the bride is 8.39 miles south on NC 12.
5. 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): 35.133947 °N 75.908597 °W
6. Property size (acres): 0.50 acres
7. Name of nearest receiving body of water: Old Hammock 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 63 ft. wooden brid eg along NC 12 that crosses. over
Old Hammock Creek. The surrounding landscape is beach /dune, maritime shrub, wetlands
community that is within the National Park Service Cape Hatteras Sea Shore.
Updated l lil/2005
Page6of13

10. Describe the overall project in detail, including the type of equipment to be used: Bridge #
31 is an existing 63 ft X 20 ft wooden bridge on timber bents and piles. This bridge is being
replaced with a 120 ft long X 35 ft wide recast cored slab concrete bridge. The proposed
bridge will have two end bents and two interior bents as shown in the provided drawings.
Each interior bent will have 8 piles Rip--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 dumutrucks. Traffic will be
detoured around the site by using a beach detour as allowed by the National Park Service
~ecial use permit
11. Explain the purpose of the proposed work: To r~lace an existing bride that has received a
poor structural rating The new bridge will insure the traveling_public asafe route to
Ocracoke ~~illa~e from the Hatteras/ Ocracoke Ferry terminal.
IV. Prior Project FIistory
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (incll~ding 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,
certificat=ors 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 conjunction with this COE !DWQ permit, NCDOT will be acquiring
a DCM general permit and a special use permit from the NPS.
V. Future I`roject 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. Propose~:i Impacts to Waters of the United States/ti~r'aters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open ~z•ater, and stream channels associated with the project. Each impact must be
Updated l 1!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 maybe 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 existins; toe of slope therefore there are no wetland impacts associated
with this protect Bent #1 & # 2 will have piles placed below the normal water line of Old
Hammock Creek and will result in 21 sgft of surface water impacts. The old br7d~e has 7
bents and associated wooden pilings that will be removed. The existins7 piles will be pulled
out or cut of below the mud line of Old Hammock Creek. The proposed loner bride will
result in 0 07 acres of old fill being_ removed and the ground restored to surrounclin~ wetland
elevation.
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation., flooding, ditching/drainage, etc. For dams,
cPn~r~t.~ly list imnactc rlne to tenth ctn~eture and flooding. NONE
Wetland Impact ~

Site Number ~
(indicate on map) i

Type of Impact Type of Wetland

(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
es/no) Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)

-~ ~---
I

Total Wetland Impact (acres)
3. List th~° 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
impa+~ts. 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, gabiers, etc.), excavation, ditching/straightzlling, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be incl}lded. To calculate acreage, multiply length X width, then divide by 43,560.
NOl'~;/
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 Stream Impact (by length and acreage}
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
acres
Bent 1 &2 (pilings) Old Hammock Creek Fill from pilings Estuary, sound 0.0005

Total Open Water Impact (acres} 0.0005
6. List the cumulative im act to all Waters of the U.S. resultin from the ro'ect:
Stream Im act (acres): None
_
V4'etland Im act (acres): None
Open W ater Impact (acres): 0.0005
Total Impact to Waters of the U.S. (acres) 0.0005
Total Stream Im act (linear feet): None
7. Isolated Waters
Do any isolated waters exist on the property? ^ Yes ®No
Describe all impacts to isolated waters, and inciud:~ 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 deten~~tined to be isolated by the USACE.
8. Pond Creation
If constriction 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 11/1/2005
Page 9 of 13

Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stonnwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justif cation (Avoidance and Minimization)
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 57 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 `~Tater Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 1 SO linear feet of total impacts to perennial
streams.
USAGE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation 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 ~,vill be• considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers 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 USAGE or DwVQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concun•ence 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.).
1. Provide a brief description of the proposed n~litigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
Updated 11/1/2005
Page 10 of i

and/or map, if offsite), affected stream and river basin, type 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.
N/A
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 the 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 h~_,'/w~~.w.nceep.net/pa~es/inlieureulace.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 ofNon-riparian wetland mitigation requested {acres): N!A
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (required by I)i~'Q)
1. Does the }~~roject involve an expenditure of public (federal/state/local) funds or the use of
public (federal; state) land? Yes ~ No ^
2. If yes, does tht project require preparation of an environmental document pursuant to the
requirements of the iv ational or North Carolina Environmental Policy Act (NEPA/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 environmental documentation.
Yes ® ItiTo ^
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ^ No
X. Proposed Impacts on Riparian and Watershed ~b~ffers (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
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be cl:~arly~ identifiable on the accompan~~ing site plan. All buffers mast be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Updated l l!1/2005
Page 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
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 1 SA NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ® No ^ Temporary impacts from type 3
clearing (no grubbing) in buffer zone 1 & 2 are shown on the permit drawings. This
clearing is for a sufficient work zone area.
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 multipliers.
* Impact I I Required
Zone ,,_,.__„ ~_„~~ Multiplier ,~,~;t;~„*;~„
I I I 3 (2 for Catawba)
2 ~ l .5
Toal
* Zone 1 esrends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donatiors cf' Property, Riparian Buffer Restoration /Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 1 SA NCAC 2B .0242 or .0244, or .026t~. N/A
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
Stormwater co??trols proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. Ir~ervious acreage will increase by 0.05 acres
do to new bridge approaches. There will no deck drains on the bridge.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, r_.r available capacity of the subject facility.
N/A
Updated 11/1/2005
Page 12 of 1

XIII. Violations (i•erluired by DWQ)
Is this site in violation of DWQ Wetland Rules (1:~A 11CAC 2H .0500) or any Buffer Rules?
Yes ^ No
Is this an after-the-fact permit application? Yes ^ No
XIV. Cumulative I><npacts (required by DWQ)
Will this project ('oased on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstrealr~ water quality? Yes ^ No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recert North Carolina Division of Water Quality policy posted on our website at
http://112o.enr.stz~ts,nc.us,%nc«•etlands. If no, please provide a short narrative description:
XV. Other Circuxr:stances (Optional):
It is the applical~'s responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construr_tiori or sequencing that may impose limits on
work schedules {e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Speci,a, accessibility problems, or other issues outside of the applicant's control).
Applie~a_nt/_~sgent's S~nature `Date
(Agent's signat=are is valid only if an authorization letter from the applicant is provided.)
Updated 11 / 1 /2005
Page 13 of i

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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 200610036 County: Hyde U.S.G.S. Quad: Howard Reef
NOTIFICATION OF JURISDICTIONAL DETERMINA
Property Owner/Agent: North Carolina Deaartment of Transaortation
Address: Gregory J. Thorne. Ph.D
1548 Mail Service Center
Raleieh. North Carolina 27699-1548
Telephone No.: [phone]
REC~fV~D
JAN ~6 2006
Property description: aV{~~}ti OF hl4it~lAYS
Size (acres) 5 acres Nearest Town Ocracoke ~~F~~ aE ~t~~ ~~~~
Nearest Waterway Otd Hammock Creek River Basin Pamlico Sound
USGS HUC 03020105 Coordinates N 35.1339237 W 75.9090135
Location description The aroiect is located on NC Hwy 12 at Bridee # 31 north of the villaee of Ocracoke adjacent to
and crossing Old Hammock 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 deternne 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, 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 maybe 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 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 [phone] to determine
their requirements.
Page 1 of 2

Action Id. 200610036
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. Z6.
Basis For Determination: This site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation Manual
and is part of a broad continuum of wetlands connected to Old Hammock Creek, a tributary of the Pamlico Sound
Remarks:
Corps Regulatory Official:
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

A licant: NCDOT File Number: 200610036 Date: 10/20/2005
Attached 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
SECu ~ ~~~he~'o11 ~`'°`~'~° ~"c nts ~` our ~ons~re a ~ui'~ ari admiriistr"~"~i'e~ eal of~the" ~b~o~e
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-dec~s~o3~~~~~~,tox~aT'fQ,at~pi'~.a~;be~fot~td~a~~hp~%/wtiv~v u's'ace.arin~ mlUmet/funetion~/cw/ceewo/~re~~`or`
Co s~ re} ' la"tons at 33M~,CFR`~'Ra~t 3~3~,y F ~ '' ''- ` ~ ~ ` _ ~ y
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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 corrpletirg Sectior. II of this fo~~r, and ser~dirg tre fc•- nz to the divisic n 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.
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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.
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Bill B1ddleCOme 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 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

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 Replacemelt 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 I-iighway 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~torrrississippt~sis), bald eagle (Halia~us l~c~phalus),
red-cockaded woodpecker (Pimidg brnz~lis), piping plover (C~iaraci<iir~s »rs), red wolf (Cards
ru~c), West Indian manatee (Tridaafiiu rrnrtatr~s), green sea turtle (Claelom'a m}r~as), hawksbill sea
turtle (Errtonx~ieljs rr~rirata), Kemp's ridleyseaturtle (L~~js kar¢~ia), leatherbacksea turtle
(Denrzr~.~el~s cr~riacra), logge_head sea turtle (Caretta caretta), shortnose sturgeon (Aczpenser
brecirnstrurr~, seabeach amaranth (Amzrartthus pr~rrflus), and sensitive joint-vetch (A~d~ynwrene
urgirnca). 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 (ESA) of 1973, as amended (16 U.S.C.
1531-1543), Mr. Pete Benjamin noted in a March 4, 20051etter that the USFWS concurred with
a deternination 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
MULKEY fnc. 675C TRYC]N ROAD GARY, NC 2751 1 P^ Box 331 27 RALEIGH, NC 27636 PH: 919-851.191 2 FAX: [phone] WWW.MULKEYIN C.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 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 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 deternunation 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!_~nles are found worldwide in both tropical and sub-tropical waters. They travel using
pelagic cor_vergence 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 May 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 ar~d 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 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 to 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. Ga<y 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 riot 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
AdverseiyAffect" is requested.
Loggerheads are distributed worldwide and seem to prefer temperate and subtropical nesting
sites. 1 ney are the most commonly occurring sea turtle in North Carolina. coastal waters. Adult
females r;:.st on beaches of bamer strands adjacent to continental land masses. Nesting occurs
nocturnally between April and September along the southeastern Atlantic coast. Appropriate
nesting Yiabita-t includes the Atlantic coast beaches of Ocracoke, where turtle nesting season
generally occurs between May and October. Hatchlings and subadults develop while in pelagic
drift lira and convergence zones before migrating to near-shore and estuarine waters along
continen~al margins. Loggerhead turtles feed primarily on mollusks, crustaceans, and other
benthic invenebrates 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 ~r'illage since 1999. Available data indicates loggerhead turtles are not using tidal
creeks buy 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 determination 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, 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
NCNHI' has one record of a hawksbill sea turtle occumng 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 Island beach or tidal creeks, concurrence with a May Affect, Not Likely to Adversely
Affect conclusion is requested for hawksbill sea turtles.

Mr. Gary Jordan, USFWS
March 22, 2C07
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 barrier 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 wom:~s,
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 barrier islands,
including the Ocracoke Inlet and Portsmouth Flats area. A March 7, 2007 review of North
Carolina Natural Heritage Program (NCNHP) 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
deternzi.~arior~ of "May Affect, Not Likely to Adversely Affect" is requested for piping plovers.
Seabeach Amaranth
Seabeach amaranth is native to Atlantic coast bamer 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 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~1I-II' 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 detemunation of "No Effect" is requested for seabeach amaranth.
Principal Inves±igators
Cindy Carr and Harold Brady have conducted numerous Section 7 field investigations and
informal consultations for protected species, including Michaux's sumac (Rhers n~dacuctit),

Mr. Gary Jordan, USFWS
March 22, 2007
Page 5
sensitive joint-vetch (Aesdryr~ne zirginica), seabeach amaranth (Armrar~ln+s purralus), Schweinitz's
sunflower (Heliar~thus sohz¢eiratzia), dwarf-flowered heartleaf (Hacast~zs r~niflora), pondberry
(Cinders rrelzssifdia), rough-leaved loosestrife (L~sirradria asp'erulaefdia), and Virginia spirea (Spiraea
uygi~ana). During the last several years, Ms. Carr has attended rare and protected species plants
workshops conducted byU.S. Fish and Wildlife Service, Raleigh Field Office personnel and the
NGNHI'. 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
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, NCDWQ, 2002
Expenise: NEPA investigations, Section 7 field investigations and consultations,
wetland determination and delineation, stream determination and
delineation, 404/401 pemrnits, stream end wetland restoration, habitat
assessments, Rosgen stream assessment and classification, Phase I
environmental site assessments
Harold ?'~I. Brady, Scientist
Education: BS Ecosystem Assessment, North Carolina State University
Experience: Mulkey h;ngineems & 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.
Sincereli;

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