20051673 Ver 1_Other Agency Comments_20051020

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IN REPLY REFER TO
Regulatory Division
Action ID No. 2005 1 1 664
Mr. Fred Powell
Hazen and Sawyer, P.C.
5775 Peachtree Dunwoody Road
Suite D-520
Atlanta, Georgia 30342
Dear Mr. Powell:
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
Washington Regulatory Field Office
P.O. Box 1000
Washington, North Carolina 27889-1000
October 17, 2005
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Reference your July 20, 2005 telephone conversation with Ms. Tracey Wheeler of my
staff, regarding the proposed bridge replacement project over Charles Creek in Elizabeth
City, Pasquotank County, North Carolina.
Based on the information provided for the project and your July 14, 2005 onsite
meeting with Ms. Wheeler, it appears that the proposed bridge replacement project would
impact jurisdictional waters. Department of the Army (DA) permit authorization,
pursuant to Section 404 of the Clean Water Act of 1977, as amended, will be required for
the discharge of excavated or fill material in waters of the United States in conjunction
with this project, including disposal of construction debris. Specific permit requirements
will depend on design of the project, extent of fill work within the waters of the United
States, construction methods, and other factors.
a. All activities, including temporary construction, access, and dewatering
activities, should be included in the project application.
b. The application should contain the amount of permanent and temporary
impacts to waters and wetlands as well as a description of the type of habitat that will
be affected by the proposed project. In addition, the report should provide an estimate
of the linear feet of adverse impacts to streams resulting from construction of the
project. The project planning report should provide accurate estimates of wetland and
stream impacts based on preliminary project design and verified wetland delineations.

c. Project commitments should include the removal of all temporary fills from
waters and wetlands and "time-of-year" restrictions on in-stream work if
recommended by the NC Wildlife Resources Commission, NC Division of Marine
Fisheries, or the NOAA Marine Fisheries Service.
d. The application should discuss and recommend bridge demolition methods
and shall include the impacts of bridge demolition and debris removal in addition to
the impacts of constructing the bridge.
e. All work related to Federal Endangered Species as required by Section 7 of
the Endangered Species Act including copies of all correspondence and meeting
minutes with the NOAA Marine Fisheries Service and the US Fish and Wildlife
Service associated with the subject projects should be coordinated with this office.
Thank you for your time and cooperation. Questions and comments maybe
addressed to Ms. Tracey L. Wheeler of the Washington Regulatory Field Office,
telephone [phone], extension 24.
Sincerely,
David M. Lekson, PWS
Chief, Washington Regulatory Field Office
Copies Furnished:
Mr. Ronald J. Mikulak, Chief
Wetlands Regulatory Section
Water Management Division
United States Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, GA 30303
Mr. Pete Benjamin
United States Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
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Mr. Ron Sechler
National Marine Fisheries Service
Habitat Conservation Division
101 Pivers Island Road
Beaufort, North Carolina 28516
Mrs. Cyndi Karoly
North Carolina Department of Environment
and Natural Resources
Division of Water Quality
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Mr. Doug Huggett
Division of Coastal Management
400 Commerce Avenue
Morehead City, North Carolina 28557-3421