20060307 Ver 1_Public Notice_20060201

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US Army Corps
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Wilmington District
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Issue Date: January 30, 2006
Comment Deadline: March 1, 2006
Corps Action ID #: 200610086
The Wilmington District, Corps of Engineers (Corps) has received an~pplication from
the Tyrrell County Board of Commissioners seeking Department of the Army
authorization to impact approximately 8,2001inear feet of waters of the United States and
approximately 5.64 acres of high quality swamp forest wetlands associated with the
reconstruction of Riders Creek Canal and "Lateral A" off of Riders Creek Canal in
Tyrrell County, North Carolina.
Specific plans and location information are described below and shown on the attached
plans. This Public Notice and all attached plans are also available on the Wilmington
District Web Site at www.saw.usace.army.mil/wetlands
Applicant: Tyrrell County Board of Commissioners
C/o Mr. Willie Mac Carawan, Jr.
Assistant County Administrator
Post Office Box 449
Columbia, North Carolina 27925
Authority
The Corps will evaluate this application and a decide whether to issue, conditionally
issue, or deny the proposed work pursuant to applicable procedures of Section 404 of the
Clean Water Act (33 U.S.C. 1344).
Location
The project is located approximately 2.5 miles southeast of Columbia, in Tyrrell County,
North Carolina. Specifically, the work will be undertaken south from Columbia
approximately 2.0 miles on Highway 94, turn east on State Road 1301 (Levels Road) and
travel approximately 1.0 mile to reach the culverts for Riders Creek Canal. The project
will commence approximately 1,000 feet south of Levels Road, at the intersection of
"Lateral A" and Riders Creek Canal.
a. Riders Creek Canal section starting point is N 35.893954 by W 76.213543 and
heads 4,400 feet south terminating at N 35.884996 by W 76.208016.

b. "Lateral A" section starting point is N 35.893954 by W 76.213543 and heads
3,800 feet east terminating at N 35.895179 by W 76.201795.
Existing Site Conditions
Site conditions along the entire length of the project consists of high quality, bottomland
hardwood swamp, primarily vegetated in the overstory with Bald Cypress (Taxodium
distichum), Red Maple (Ater rubrum), Black Gum (Nyssa biflora), and Sweetgum
(Liquidambar styraciflua). In the understory, the dominant vegetation is Lizards Tail
(Saururus cernuus L.), Royal Fern (Osmunda regalis), Marsh Pennytwort (Hydracotyle
umbellate), Laural Leaved Greenbriar (Smilax laurafolia) and Poison Ivy (Toxicodendron
radicans). In the flooded areas, Alligator Weed (Alternathera philoxeroides), and Duck
Weed (Spirodela polyrhiza) are prevalent.
The majority of the project area has silted in and shallow emergent, herbaceous
vegetation has reestablished within both of the channels. Heavy growth of submerged
aquatic vegetation exists throughout the downstream reaches of the project area.
Discontinuous spoil piles exist along the project sections. Due to the mucky nature of the
swamp substrate, a majority of the historic spoil piles have subsided into the adjacent
wetland floodplain.
Applicant's Stated Purpose
The applicant states that the purpose of the project is to restore community and
agricultural drainage. The applicant states that there is a need for better drainage to allow
excessive surface water from heavy rains to recede quicker to prevent ponding of water
around homes and agricultural land.
Project Description
The Riders Creek Canal project was originally constructed in 1914 and "Lateral A" was
constructed in the mid-1920s. No maintenance dredging of either Riders Creek Canal or
"Lateral A" has been undertaken since the original construction. Evidence exists that
storm-damaged vegetation was manually cleared within the last few years.
The applicant proposes to reconstruct the original drainage project by excavating 4,400
linear feet of Riders Creek Canal and 3,8001inear feet of "Lateral A" impacting a total of
8,2001inear feet of waters of the United States. The applicant proposes to utilize track
hoe equipment and mats. Proposed project dimensions are an average of 20 feet wide top
width by approximately 5 feet deep. Approximately 28,152 cubic yards of fine, silty
spoil material will be generated by this work. The spoil material will be side cast into the
adjacent floodplain wetlands constructing an elevated berm approximately 4 feet high by
30 feet wide. Trees and vegetation removed during the side casting process will be
placed at the landward toe of the berm to facilitate spoil retention. The applicant proposes
to install culverts and openings 20 feet wide every 200 feet to facilitate the transmission
of floodwater into the adjacent floodplain.

Other Required Authorizations
This notice and all applicable application materials are being forwarded to the appropriate
State agencies for review. The Corps will generally not make a final permit decision
until the North Carolina Division of Water Quality (NCDWQ) issues, denies, or waives
State certification required by Section 401 of the Clean Water Act (PL 92-500). The
receipt of the application and this public notice in the NCDWQ Central Office in Raleigh
serves as application to the NCDWQ for certification. A waiver will be deemed to occur
if the NCDWQ fails to act on this request for certification within sixty days of the date of
the receipt of this notice in the NCDWQ Central Office. Additional information
regarding the Clean Water Act certification may be reviewed at the NCDWQ Central
Office, 401 Oversight and Express Permits Unit, 2321 Crabtree Boulevard, Raleigh,
North Carolina 27604-2260. All persons desiring to make comments regarding the
application for certification under Section 401 of the Clean Water Act should do so in
writing delivered to the North Carolina Division of Water Quality (NCDWQ), 1650 Mail
Service Center, Raleigh, North Carolina 27699-1650 Attention: Ms Cyndi Karoly by 17
February 2006.
The applicant has not provided to the Corps, a certification statement that his/her
proposed activity complies with and will be conducted in a manner that is consistent with
the approved North Carolina Coastal Zone Management Program. Pursuant to 33 CFR
325.2(b)(2), the Corps can not issue a permit for the proposed work until the applicant
submits such a certification to the Corps and the North Carolina Division of Coastal
Management (NCDCM), and the NCDCM notifies the Corps that it concurs with the
applicant's consistency certification.
Essential Fish Habitat
This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the
Magnuson-Stevens Fishery Conservation and Management Act. The Corps' initial
determination is that the proposed project may adversely impact EFH or associated
fisheries managed by the South Atlantic or Mid Atlantic Fishery Management Councils
or the National Marine Fisheries Service.
The project may adversely impact resource areas used for the reproductive success of
anadromous fish species such as the Blueback Herring (Alosa aestivalis), and Alewife
(Alosa pseudoharengus). Riders Creek is also a resource area for recreational fisheries
targeting Flyer (Centrarchus macropterus), Largemouth Bass (Micropterus salmoides),
and Bluegill (Lepomis macrochirus).
Cultural Resources
The Corps has consulted the latest published version of the National Register of Historic
Places and is not aware that any registered properties, or properties listed as being

eligible for inclusion therein are located within the project area or will be affected by the
proposed work. Presently, unknown archeological, scientific, prehistoric, or historical
data may be located within the project area and/or could be affected by the proposed
work.
Endangered Species
The Corps has reviewed the project area, examined all information provided by the
applicant and consulted the latest North Carolina Natural Heritage Database. Based on
available information, the Corps is not aware of the presence of species listed as
threatened or endangered or their critical habitat formally designated pursuant to the
Endangered Species Act of 1973 (ESA) within the project area. A final determination on
the effects of the proposed project will be made upon additional review of the project and
completion of any necessary biological assessment and/or consultation with the U.S. Fish
and Wildlife Service and/or National Marine Fisheries Service.
Evaluation
The decision whether to issue a permit will be based on an evaluation of the probable
impacts, including cumulative impacts, of the proposed activity on the public interest.
That decision will reflect the national concern for both protection and utilization of
important resources. The benefit which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. All factors
which may be relevant to the proposal will be considered including the cumulative effects
thereof; among those are conservation, economics, aesthetics, general environmental
concerns, wetlands, historic properties, fish and wildlife values, flood hazards, flood plain
values (in accordance with Executive Order 11988), land use, navigation, shoreline
erosion and accretion, recreation, water supply and conservation, water quality, energy
needs, safety, food and fiber production, mineral needs, considerations of property
ownership, and, in general, the needs and welfare of the people. For activities involving
the discharge of dredged or fill materials in waters of the United States, the evaluation of
the impact of the activity on the public interest will include application of the
Environmental Protection Agency's 404(b)(1) guidelines.
Commenting Information
The Corps of Engineers is soliciting comments from the public; Federal, State and local
agencies and officials, including any consolidate State Viewpoint or written position of
the Governor; Indian Tribes and other interested parties in order to consider and evaluate
the impacts of this proposed activity. Any comments received will be considered by the
Corps of Engineers to determine whether to issue, modify, condition or deny a permit for
this proposal. To make this decision, comments are used to assess impacts on
endangered species, historic properties, water quality, general environmental effects and
the other public interest factors listed above. Comments are used in the preparation of an
Environmental Assessment (EA) and/or an Environmental Impact Statement (EIS)
pursuant to the National Environmental Policy Act (NEPA). Comments are also used to

determine the need for a public hearing and to determine the overall public interest of the
proposed activity.
Any person may request, in writing, within the comment period specified in this notice,
that a public hearing be held to consider the application. Requests for public hearings
shall state, with particularity, the reasons for holding a public hearing. Requests for a
public hearing shall be granted, unless the District Engineer determines that the issues
raised are insubstantial or there is otherwise no valid interest to be served by a hearing.
Written comments pertinent to the proposed work, as outlined above, will be received
by the Corps of Engineers, Wilmington District, until S p.m., O1 March 2006. Comments
should be submitted to Mr. Tom Steffens, Washington Regulatory Field Office, Post
Office Box 1000, Washington, North Carolina 27889-1000, telephone [phone],
extension 25.

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