20110820 Ver 1_Application_20110908

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STATE OF NORTH CAROLINA
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DEPARTMENT OF TRANSPORTATION TEM 00,
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BEVERLY EAVES PERDUE EUGENE A. CONTI, JR.
GOVERNOR SECRETARY
September 8, 2011
Mr. Bill Biddlecome
U.S. Army Corps of Engineers
Regulatory Field Office
Post Office Box 1000
Washington, NC 27889-1000
Dear Sir:
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SUBJECT: Emergency Section 404 General Permit 48 and Section 401 General Water Quality
Certification, Emergency fill of sand bags for fill slope toe protection to restore NC 12
on Pea Island National Wildlife Refuge in Dare County, North Carolina, WBS Element
13201.1028011.
Reference: Nationwide Permit 23, Action ID # SAW-2011-01633, issued September 6, 2011
Water Quality Certification, DWQ Project No. 20110820, issued September 6, 2011
CAMA Major Development Permit, Permit No. 103-11, issued September 2, 2011
CAMA Major Development Permit, Permit No. 104-11, issued September 2, 2011
Due to the recent damage on NC 12 in Dare County caused by Hurricane Irene on August 27, 2011,
and the resulting state and federal disaster declarations, the North Carolina Department of
Transportation (NCDOT) request authorization for emergency reconstruction of NC 12 at the breach
areas between Oregon Inlet and Rodanthe, NC.
The purpose of this letter is to request approval for a Section 404 General Permit 48 and Section 401
General Water Quality Certification. In addition to the cover letter and PCN Form, this application
package includes a project aerial illustrating source zones for sand and USFWS correspondence.
The project involves the reconstruction of NC 12 to pre-storm conditions at breaches created during
Hurricane Irene. Sandbags will be utilized as toe protection on the fill slopes in breached areas. The
sandbags will be placed at the edge of the fill slope to prevent wash-out of the fill slope from future
storm events. In addition, sand bags will used to reconstruct the dunes at Rodanthe to their pre-storm
alignment. The bags will be filled with approximately 26,500 cy of sand (Rodanthe Dune Restoration
- 5,000 cy, Rodanthe Shoring - 4,500 cy, Pea Island Shoring - 17,000 cy) that is pumped from the
swash zone, below the mean high water line. The sandbags will be laid and filled in place. Once the
MAILING ADDRESS: TELEPHONE: [phone] LOCATION:
NC DEPARTMENT OF TRANSPORTATION FAX: [phone]
PROJECT DEVELOPMENT AND ENVIRONMENTALANALYSIS 1020 BIRCH RIDGE DRIVE
1598 MAIL SERVICE CENTER WEBSITE: WWW.NCDOT.ORG RALEIGH INC 27510-4328
RALEIGH NC 27699-1598
bags are filled in'place fill will be placed on top of the bags so that the roadway and dunes can be
reconstructed.
Regulatory Approvals:
Section 404: NCDOT requests that these activities be authorized by a General Permit No. 198000048
Section 401: We anticipate 401 General Certification number 3703 will apply to this project.
CAMA: Per conversation with NCDCM staff, it is not anticipated that this activity will require
`modification of the Coastal Area Management Act Major Development Permits issued September 2,
2011 .? b C- -, 1 ?
A copy of this permit application and its distribution list will be posted on the NCDOT website at:
http://,,vww.ncdot.org/doh/preconstruct/pe/neLL/I)ermit.htm]
If you have any questions.or need additional information, please contact Tyler Stanton at 919-707-6156
or [e-mail].
Sincerely,
Gregory J. Thorpe, Ph.D., Branch Manager
Project Development and Environmental Analysis Branch
cc:
NCDOT Permit Application Standard Distribution List
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Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre-Construction Notification (PCN) Form
A. Applicant Information
1. Processing
I a. Type(s) of approval sought from the
Corps:
® Section 404 Permit ? Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: or General Permit (GP) number: 192000048
1c. Has the N WP or GP number been verified by the Corps? ® Yes ? No
1d. Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit
? 401 Water Quality Certification - Express ? Riparian Buffer Authorization
le. Is this notification solely for the record
because written approval is not required? For the record only for DWQ 401
Certification:
? Yes ® No For the record only for Corps Permit:

? Yes ® No
If. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu
fee program. El Yes ® No
1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h
below. ® Yes ? No
1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ® Yes ? No
2. Project Information
2a. Name of project: Repair of Hurricane Irene damage to NC 12 on Pea Island National Wildlife Refuge
2b. County. Dare
2c. Nearest municipality / town: Rodanthe
2d. Subdivision name: not applicable
2e. NCDOT only, T.I.P. or state
project no:
3. Owner Information
3a. Name(s) on Recorded Deed: North Carolina Department of Transportation
3b. Deed Book and Page No. not applicable
3c. Responsible Party (for LLC i f
applicable): not applicable
3d. Street address: 1598 Mail Service Center
3e. City, state, zip: Raleigh, NC 27699-1598
3f. Telephone no.: [phone]
3g. Fax no. [phone]
3h. Email address: [e-mail]
4. Applicant Information (if different from owner)
4a. Applicant is: ? Agent ? Other, specify:
41b. Name: not applicable
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.,
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name: not applicable
5b. Business name
(if applicable):
5c. Street address:
5d. City, state, zip:
5e. Telephone no.:
5f. Fax no.,
5g. Email address:
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID): not applicable
1 b. Site coordinates (in decimal degrees): Latitude: 35.684368 Longitude: - 75.484089
(DD.DDDDDD) (-DD.DDDDDD)
1c. Property size: acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to Atlantic Ocean/ Pamlico Sound
proposed project:
2b. Water Quality Classification of nearest receiving water: SB/ SA, HOW
2c. River basin: Pasquotank
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application: storm damage as a result of Hurricane Irene, some residential, and beach
3b. List the total estimated acreage of all existing wetlands on the property:
0.10
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
150
3d. Explain the purpose of the proposed project:
Emergency repair of breachs on NC 12 created during Hurricane Irene
3e. Describe the overall project in detail, including the type of equipment to be used: The project involves the
reconstruction of NC 12 to pre-storm conditions at breaches created during Hurricane Irene. Sandbags will be utilized as
toe protection on the fill slopes in breached areas. The sandbags will be placed at the edge of the fill slope to prevent
wash-out of the fill slope from future storm events. The bags will be filled with sand that is pumped from the swash zone,
below the mean high water line. The sandbags will be laid and filled in place. Once the bags are filled in place fill will be
placed on top of the bags so that the roadway can be reconstructed.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past? ® Yes ? No ? Unknown
Comments: Delineations where completed in 2005 for the 8-
2500 project
41b. If the Corps made the jurisdictional determination, what type ? Preliminary ® Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company:
Name (if known): Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
5. Project History
5a. Have permits or certifications been requested or obtained for ®Yes ? No ? Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
A NW23 and GG3701 were obtained to place fill in areas determined to be jurisdictional wetlands prior to Hurricane Irene
6. Future Project Plans
6a. Is this a phased project? ? Yes ® No
6b. If yes, explain.
C. Proposed Impacts Inventory
1. Impacts Summary
la. Which sections were completed below for your project (check all that apply):
? Wetlands ? Streams - tributaries ? Buffers
? Open Waters ? Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a. 2b. 2c. 2d. 2e. 2f.
Wetland impact Type of jurisdiction
number- Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact
Permanent (P) or (if known) DWQ - non-404, other) (acres)
Temporary T
Site 1 ? P ? T ? Yes ? Corps
? No ? DWQ
Site 2 ? P ? T ? Yes ? Corps
? No ? DWQ
Site 3 ? P ? T ? Yes ? Corps
? No ? DWQ
Site 4 ? P ? T ? Yes ? Corps
? No ? DWQ
Site 5 ? P ? T ? Yes ? Corps
? No ? DWQ
2g. Total wetland impacts
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a. 31b. 3c. 3d. 3e. 3f. 3g.
Stream impact Type of impact Stream name Perennial Type of Average Impact length
number- (PER) or jurisdiction stream (linear feet)
Permanent (P) or intermittent (Corps - 404, 10 width
Temporary (T) (INT)? DWQ - non-404, (feet)
other)
Site 1 ? P ? T ? PER ? Corps
? INT ? DWQ
Site 2 ? P ? T ? PER ? Corps
? INT ? DWQ
Site 3 ? P ? T ? PER ? Corps
? INT ? DWQ
Site 4 ? P ? T ? PER ? Corps
? INT ? DWQ
Site 5 ? P ? T ? PER ? Corps
? INT ? DWQ
Site 6 ? P ? T ? PER ? Corps
? INT ? DWQ
31h. Total stream and tributary impacts 0 Perm
0 Temp
3i. Comments: I
4
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individual) list all open water impacts below.
4a. 4b. 4c. 4d. 4e.
Open water Name of
impact number - waterbody Type of impact Waterbody type Area of impact (acres)
Permanent (P) or (if applicable)
Temporary T
01 ?P?T
02 ?P?T
03 ?P?T
04 ?P?T
4f. Total open water impacts 0 Permanent
0 Temporary
4g. Comments:
5. Pond or Lake Construction
If and or lake construction proposed, then complete the chart below.
5a. 5b. 5c. 5d. 5e.
Wetland Impacts (acres) Stream Impacts (feet) Upland
Pond ID Proposed use or (acres)
number purpose of pond Excavat
Flooded Filled ed Flooded Filled Excavated Flooded
P1
P2
Sf. Total
5g. Comments:
5h. Is a dam high hazard permit required?
? Yes ? No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually l ist all buffer
impacts below. If an impacts require mitig ation, then you MUST fill out Section D of this form.
6a.
? Neuse
?Tar-Pamlico
? Other:
Project is in which protected basin? ? Catawba ? Randleman
61b. 6c. 6d. 6e. 6f. 6g.
Buffer impact
number - Reason for impact Buffer Zone 1 impact Zone 2 impact
Permanent (P) or Stream name mitigation (square feet) (square feet)
Temporary T required?
B1 ?P?T ?Yes
? No
B2 ?P?T ?Yes
? No
B3 ? PEI T ? Yes
? No
6h. Total buffer impacts
6i. Comments:
6
D. Impact Justification and Mitigation .
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State? ? Yes ® No
If no, explain: No impacts to Jurisdictional Resouces are
being authorized b the permit.
2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps

2c.
If yes, which mitigat ion option will be used for this

project? ? Mitigation bank

El Payment to in-lieu fee program

? Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank: not applicable
31b. Credits Purchased (attach receipt and letter) Type Quantity
3c. Comments:
4. Complete If Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached. ? Yes
4b. Stream mitigation requested: linear feet
4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold
4d. Buffer mitigation requested (DWQ only): square feet
4e. Riparian wetland mitigation requested: acres
4f. Non-riparian wetland mitigation requested: acres
4g. Coastal (tidal) wetland mitigation requested: acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation? ? Yes ® No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.

Zone 6c.
Reason for impact 6d.
Total impact
(square feet)
Multiplier 6e.
Required mitigation
(square feet)
Zone 1 3 (2 for Catawba)
Zone 2 1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund).
6h. Comments:
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified ? Yes ® No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
Comments: This project restores NC 12 to pre-storm conditions where possible and ? Yes ® No
bridges the new 200 plus foot inlet
2. Stormwater Management Plan
2a . What is the overall percent imperviousness of this project? N/A
2b . Does this project require a Stormwater Management Plan? ? Yes ® No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why: This project restores NC 12 to pre-storm
conditions where possible and bridges the new 200 plus foot inlet
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, na rrative description of the plan:
? Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan? ? DWQ Stormwater Program
? DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project? not applicable
? Phase II
31b. Which of the following locally-implemented stormwater management programs ? NSW
? USMP
apply (check all that apply): ? Water Supply Watershed
? Other:
3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ? No
attached?
4. DWQ Stormwater Program Review
? Coastal counties
4a. Which of the following state-implemented stormwater management programs apply ? HOW
(check all that apply): ? ORW
? Session Law 2006-246
? Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
attached? ? Yes ? No
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements? N/A ? Yes ? No
5b. Have all of the 401 Unit submittal requirements been met? N/A ? Yes ? No
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1a. Does the project involve an expenditure of public (federal/state/local) funds or the ®Yes ? No
use of public (federal/state) land?
1b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or. State ® Yes ? No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.) ? Yes ® No
Comments: The CE was developed for the emergency restoration of NC 12.
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ® No
or Riparian Buffer Rules (15A NCAC 2B.0200)?
2b. Is this an after-the-fact permit application? ? Yes ® No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in ? Yes
additional development, which could impact nearby downstream water quality? ® No
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
Since this project is within the Pea Island National Wildlife Refuge and only restores NC 12 to pre-storm conditions it will
neither influence nearby land uses nor stimulate growth. Therefore, a detailed indirect or cumulative effects study will not
be necessary.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
not applicable
10
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a . Will this project occur in or near an area with federally protected species or
habitat? Yes ® No
5b . Have you checked with the USFWS concerning Endangered Species Act
impacts? ® Yes ? No
5c. If yes, ind icate the USFWS Field Office you have contacted. ® Raleigh
? Asheville
5d . What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
NHP; Dennis Stewart, USFWS PINWR; NCDOT field surveys
6. Essential Fish Habitat (Corps Requirement)
6a . Will this project occur in or near an area designated as essential fish habitat? ? Yes ® No
6b . What data sources did you use to determine whether your site would impact Essential Fish Habitat?
NMFS County Index
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a . Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
? Yes ® No
7b . What data sources did you use to determine whether your site would impact historic or archeological resources?
NEPA Documentation
8. Flood Zone Designation (Corps Requirement)
8a . Will this project occur in a FEMA-designated 100-year floodplain? ® Yes ? No
Bb . If yes, explain how project meets FEMA requirements: NCDOT coordination with FEMA
8c . What source(s) did you use to make the floodplain determination? FEMA Flood maps
September 8,
Dr. Gregory J. Thorpe, Ph Q

Applicant/Agent's Printed Name Appli nt/Agent's Signature
(Agent's signature is valid only ff an authorization letter from the applicant
is provided.) Date