HomeMy WebLinkAbout20140930 Ver 1_Application_20140829��o�
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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
PAT MCCRORY
Govew�ox
August 17, 2014
Wilmington Regulatory Field Office
US Arxny Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403
ATTN: Liz Hair
NCDOT Coordinator
Dear Madam:
ANTHONYJ.TATA
Secaeraav
Subject: Pre-Construction Notification for proposed replacement of Bridge No. 230336 over UT
Simmons Bay Branch on SR 1006 in Columbus County
The North Carolina Department of Transportation (NCDOT) proposes to replace the 19-foot 4-inch,
single span Bridge No. 230336 with a 20-foot 7-inch by 5-foot 3-inch Corrugated Aluminum Box Culvert
on the existing alignment. TrafFic will follow an offsite detour during construction. Permanent impacts to
jurisdictional resources cover approximately 0.01 acres resulting from placement of the Corrugated
Aluminum Box Culvert.
Please see enclosed copies of the Pre-Construction Notification (PCN), Preliminary Jurisdictional
Determination Form, permit drawings, stormwater management plan and design plans for the above-
referenced project. The State Minimum Criteria Checklist was completed on 6/25/2012 and copies were
distributed shortly thereafter. Additional copies are available upon request.
This project was let on 2/19/2013 and construction is due to begin 11/14/2014.
Regulatory Approvals
Section 404 Permit: All aspects of this project are being processed by the Federal Highway
Administration as a"State Minimum Criteria ChecklisY' in accordance with 23 CFR 7II.115(b). The
NCDOT requests that these activities be authorized under a Nationwide 14 permit.
Section 401 Permit: The NCDOT requests that these activities be authorized under Water Quality
Certification Number 3886. We anticipate that written approval from the NC Department of Water
Resources will be required.
If you have any questions or need additional information, please contact me at (910) 437-0207.
�mcerely, ��
�,,�,,,, � P�-S
�James �Rerko
Division Environmental Officer — Division 6
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O�ce Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre-Construction Noti�cation (PCN) Form
A. A licant Information
1. Processing
1 a. Type(s) of approval sought from the
Corps: � Section 404 Permit ❑ Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: 14 or General Permit (GP) number:
1c. Has the NWP 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
1 e. Is this notification solely for the record For the record only for DWQ 401 For the record only for Corps Permit:
because written approval is not required? Certification:
❑ Yes � No � Yes ❑ No
1 f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation � Yes ❑ No
of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu
fee program.
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h ❑ Yes � No
below.
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes � No
2. Project Information
2a. Name of project: Replacement of Bridge 230336 on SR 1006 over UT Simmons Bay Branch
2b. County: Columbus
2c. Nearest municipality / town: Nakina
2d. Subdivision name: not applicable
2e. NCDOT only, T.I.P. or state NCDOT Project: 17BP.6.R.40
project no:
3. Owner Information
3a. Name(s) on Recorded Deed: NoRh Carolina Department of Transportation
3b. Deed Book and Page No. Not applicable
3c. Responsible Party (for LLC if �ames J. Rerko, Division Environmental Officer
applicable):
3d. Streetaddress: PO Box 1150
3e. City, state, zip: Fayetteville, NC 28302
3f. Telephone no.: (910) 437-0207
3g. Fax no.: (910) 456-1959
3h. Email address: jjrerko@ncdot.gov
Page 1 of 10
4. Applicant Information (if different from owner)
4a. Applicant is: ❑ Agent ❑ Other, specify:
4b. Name: Not applicable
4c. Business name
4d. Streetaddress:
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
5c. Streetaddress:
5d. City, state, zip:
Se. Telephone no.:
5f. Fax no.:
5g. Email address:
Page 2 of 10
B. Project Information and Prior Project History
1. Property Identification
1 a. Property identification no. (tax PIN or parcel ID): Not applicable
1b. Site coordinates (in decimal degrees): Latitude: 34.149611 Longitude: - 78.62625
(DD.DDDDDD) (-DD.DDDDDD)
1c. Propertysize: <� acre
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to UT Simmons Bay Branch
proposed project:
2b. Water Quality Classification of nearest receiving water: C; Sw
2c. River basin: Lumber
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:
Existing conditions at the Project Site include maintained/ disturbed roadside shoulder and forest areas. Land use in the
Project Vicinity is predominately agriculture and forest with scattered residential properties.
3b. List the total estimated acreage of all existing wetlands on the property:
0 acre
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
100 linear feet
3d. Explain the purpose of the proposed project:
To replace a structurally deficient and functionally obsolete bridge
3e. Describe the overall project in detail, including the type of equipment to be used:
Replace existing single-span (1 @ 19'4") reinforced concrete on I-beams structure with a Corrugated Aluminum Box
Culvert (20'7"x5'-3") structure. Traffic will follow an offsite detour during construction. Standard road building equipment,
such as trucks, dozers and cranes will be used.
4. Jurisdictional Determinations
4a. Havejurisdictional 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:
4b. If the Corps made the jurisdictional determination, what type
of determination was made? ❑ Preliminary ❑ Final
4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Mulkey, Inc.
Name (if known): Mark Mickley 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
this project (including all prior phases) in the past? ❑ Unknown
5b. If yes, explain in detail according to "help file" instructions.
6. Future Project Plans
6a. Is this a phased project? ❑ Yes � No
6b. If yes, explain.
Page 3 of 10
C. Proposed Impacts Inventory
1. Impacts Summary
1a. 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 ofjurisdiction
number — Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact
Permanent (P) or (if known) DWQ — non-404, other) (acres)
Tem ora T
W1 ❑ P❑ T ❑ Yes ❑ Corps
❑ No ❑ DWQ
W1 ❑ P � T ❑ Yes ❑ Corps
❑ No ❑ DWQ
W2 � P� T ❑ Yes ❑ Corps
❑ No ❑ DWQ
W4 ❑ P❑ T ❑ Yes ❑ Corps
❑ No ❑ DWQ
W5 ❑ P❑ T ❑ Yes ❑ Corps
❑ No ❑ DWQ
W6 ❑ P❑ T ❑ Yes ❑ Corps
❑ No ❑ DWQ
2g. Total wetland impacts 0
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. 3 b. 3 c. 3d. 3e. 3f. 3g.
Stream impact Type of impact Stream name Perennial Type ofjurisdiction Average Impact
number - (PER) or (Corps -404, 10 stream length
Permanent (P) or intermittent DWQ — non-404, width (linear
Temporary (T) (INT)? other) (feet) feet)
Permanent SW
S1 � P❑ T (36LF Culvert / UT Cow Bog � PER � Corps 10.0 72.0
36LF Bank Branch ❑ INT � DWQ
Protection)
S2 ❑ P� T Temporary SW UT Cow Bog � PER � Corps 6.5 27.1
Dewatering Branch ❑ INT � DWQ
S3 ❑ P❑ T ❑ PER ❑ Corps
❑ INT ❑ DWQ
S4 ❑ P � T ❑ PER ❑ Corps
❑ INT ❑ DWQ
S5 ❑ P❑ T ❑ PER ❑ Corps
❑ INT ❑ DWQ
S6 ❑ P❑ T ❑ PER ❑ Corps
❑ INT ❑ DWQ
3h. Total stream and tributary impacts 99.1
3i. Comments: Culvert is 1 foot wider that the existing bridge. The dimension, pattern and profile will not vary from existing.
Page 4 of 10
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 individually list all open water impacts below.
4a. 4b. 4c. 4d. 4e.
Open water Name of waterbody
impact number— (if applicable) Type of impact Waterbody type Area of impact (acres)
Permanent (P) or
Tem orar T
01 ❑P❑T
02 ❑P❑T
03 ❑P❑T
04 ❑P❑T
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If ond or lake construction roposed, then com lete the chart below.
5a. Sb. 5c. 5d. 5e.
Wetland Impacts (acres) Stream Impacts (feet) Upland
Pond ID Proposed use or purpose (acres)
number of pond
Flooded Filled Excavated 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 list all buffer impacts
below. If any impacts require mitigation, then ou MUST fill out Section D of this form.
6a.
❑ Neuse ❑ Tar-Pamlico ❑ Other:
Project is in which protected basin? ❑ Catawba ❑ Randleman
6b. 6c. 6d. 6e. 6f. 6g.
Bufferimpact
numher— Reason Buffer Zone 1 impact Zone 2 impact
Permanent (P) or for Stream name mitigation (square feet) (square feet)
Tem orar T im act re uired?
B1 ❑P❑T ❑Yes
❑ No
B2 ❑P❑T ❑Yes
❑ No
63 ❑P❑T ❑Yes
❑ No
6h. Total buffer impacts
6i. Comments:
Page 5 of 10
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
The proposed culvert provides more effective hydraulic opening than the existing bridge and will be replaced in-place. The
culvert will be buried to maintain stream bedform and there will be no excavation in non-permitted jurisdictional areas. The
removal of road fill for the culvert bridge will increase the size of the opening. Promotion of sheet flow and infiltration over
rip/rap bank stabilization or grassed surfaces is proposed.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Best Management Practices for Protection of Surface Waters and for Bridge Demolition and Removal will be implemented
during the construction phase. Drill shafts will not be utilized.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for � Yes ❑ No
impacts to Waters of the U.S. or Waters of the State?
2b. If yes, mitigation is required by (check all that apply): ❑ DWQ � Corps
❑ Mitigation bank
2c. If yes, which mitigation option will be used for this
project? � Payment to in-lieu fee program
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. 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: 144 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. Camments:
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.
Page 6 of 10
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 ❑ Yes � No
buffer mitigation?
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.
6c. 6d. 6e.
Zone Reason for impact Total impact Multiplier Required mitigation
(square feet) (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:
Page 7 of 10
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified � Yes � No
within one of the NC Riparian Buffer Protection Rules?
1b. If yes, then is a diffuse flow plan included? If no, explain why.
Comments: ❑ Yes ❑ No
2. Stormwater Mana ement Plan
2a. What is the overall percent imperviousness of this project? Not applicable
2b. Does this project require a Stormwater Management Plan? � Yes ❑ No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
The Stormwater Management Plan is designed in accordance with NPDES Permit #NC5000250. See attached permit
drawings and stormwater management plan.
❑ Certified Local Government
2e. W ho 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 governmenYs jurisdiction is this project? Not applicable
❑ Phase II
3b. Which of the following locally-implemented stormwater management programs ❑ NSW
apply (check all that apply): ❑ USMP
❑ Water Supply Watershed
❑ Other:
3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No
attached?
4. DWQ Stormwater Pro ram Review
❑ Coastal counties
❑ HQW
4a. Which of the following state-implemented stormwater management programs apply � ORW
(check all that apply): ❑ 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? � Yes ❑ No
5b. Have all of the 401 Unit submittal requirements been met? � Yes ❑ No
Page 8 of 10
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1 a. Does the project involve an expenditure of public (federal/state/local) funds or the � Yes ❑ No
use of public (federal/state) land?
1 b. 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)?
1 c. 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:
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 � No
additional development, which could impact nearby downstream water quality?
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.
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
Page 9 of 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 ❑ No
habitat? � Yes
5b. Have you checked with the USFWS concerning Endangered Species Act � No
impacts? � Yes
� Raleigh
5c. If yes, indicate the USFWS Field Office you have contacted.
❑ Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
NC Natural Heritage Program, USFWS website, USFWS scoping letter (see attached) and 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?
NOAA Essential Flsh Habitat Mapper.
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 � Yes � No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
NCDOT PDEA — Human Environment Section
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? ❑ Yes � No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination? FEMA Maps/ NC Floodplain Mapping Program
James J. Rerko � A I� August 17,
�' � 2014
Applicant/AgenYs Printed Name I� ApplicanUAfenPs Sig ture Date
(AgenPs signature is valid o ly if an authorization letter trom the applicant
� is provided.
�
Page 10 of 10
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
October l, 2012
Gregory J. Thorpe, Ph.D.
North Carolina Department of Transportation
Project Develop.ment and Environmental Analysis
1598 Mail Service Center
Ralei�h, North Carolina 27699-1598
Dear Dr. Thorpe:
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„__ . . .__, ,...� _.. _. . _... _........_..a
This letter is in response to your letter of September 17, 2012 which provided the U.S. Fish and
Wildlife Service (Service) with the biological conclusion of the North Carolina Department of
Transportation (NCDOT) that the replacement of the following fifteen Design Build Year 2
Bridge Program projects in Columbus County may affect, but are not likely to adversely affect
the federally endangered wood stork (Mycteria americana). In addition, and with the exception
of Bridge No. 230342, NCDOT has determined that the projects will have no effect on all other
federally listed species. With regard to the federally threatened Waccamaw silverside (Menidia
extensa), Bridge No. 230342 will be addressed later under separate cover. These coinments are
provided in accordance with Section 7 of the Endangered Species Act (ESA) of 1973, as
amended (16 U.S.C. 1531-1543).
Although some potential foraging habitat for wood storks occurs at several of the bridges, no
wood storks or wood stork nests were observed at any of the sites. Given the low numbers of
wood storks that occur in North Carolina, and the low probability of any one site being utilized
for foraging, the Service concurs with your conclusion that the aforementioned projects may
affect, but are not likely to adversely affect the federally threatened wood stork. With the
exception of the Waccamaw silverside at Bridge No. 230342, the Service concurs with your
conclusion that the bridge replacements will have no effect on all other federally listed species.
With the exception of Bridge No. 230342, we believe that the requirements of Section 7(a)(2) of
the ESA have been satisfied for all of the other bridge replacement projects. We anticipate
resolving Section 7 for Bridge No. 230342 in the near future. We remind you that obligations
under Section 7 consultation must be reconsidered i£ (1) new information reveals impacts of
these identified actions that may affect listed species or critical habitat in a manner not
previously considered in this review; (2) these actions are subsequently modified in a manner
that was not considered in this review; or (3) a new species is listed or critical habitat determined
that may be affected by these identified actions.
The Service appreciates the opportunity to review these projects. If you have any questions
regarding our response, please contact Mr. Gary Jordan at (919) 856-4520 (Ext. 32).
Sincerely,
�` Pete Ben�am n
Field Supervisor
Electronic copy: Ronnie Smith, USACE, Wilmington, NC
Travis Wilson, NCWRC, Creedmoor, NC
Chris Militscher, USEPA, Atlanta, GA
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
October l, 2012
Gregory J. Thorpe, Ph.D.
North Carolina Department of Transportation
Project Develop.ment and Environmental Analysis
1598 Mail Service Center
Ralei�h, North Carolina 27699-1598
Dear Dr. Thorpe:
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This letter is in response to your letter of September 17, 2012 which provided the U.S. Fish and
Wildlife Service (Service) with the biological conclusion of the North Carolina Department of
Transportation (NCDOT) that the replacement of the following fifteen Design Build Year 2
Bridge Program projects in Columbus County may affect, but are not likely to adversely affect
the federally endangered wood stork (Mycteria americana). In addition, and with the exception
of Bridge No. 230342, NCDOT has determined that the projects will have no effect on all other
federally listed species. With regard to the federally threatened Waccamaw silverside (Menidia
extensa), Bridge No. 230342 will be addressed later under separate cover. These coinments are
provided in accordance with Section 7 of the Endangered Species Act (ESA) of 1973, as
amended (16 U.S.C. 1531-1543).
Although some potential foraging habitat for wood storks occurs at several of the bridges, no
wood storks or wood stork nests were observed at any of the sites. Given the low numbers of
wood storks that occur in North Carolina, and the low probability of any one site being utilized
for foraging, the Service concurs with your conclusion that the aforementioned projects may
affect, but are not likely to adversely affect the federally threatened wood stork. With the
exception of the Waccamaw silverside at Bridge No. 230342, the Service concurs with your
conclusion that the bridge replacements will have no effect on all other federally listed species.
With the exception of Bridge No. 230342, we believe that the requirements of Section 7(a)(2) of
the ESA have been satisfied for all of the other bridge replacement projects. We anticipate
resolving Section 7 for Bridge No. 230342 in the near future. We remind you that obligations
under Section 7 consultation must be reconsidered i£ (1) new information reveals impacts of
these identified actions that may affect listed species or critical habitat in a manner not
previously considered in this review; (2) these actions are subsequently modified in a manner
that was not considered in this review; or (3) a new species is listed or critical habitat determined
that may be affected by these identified actions.
The Service appreciates the opportunity to review these projects. If you have any questions
regarding our response, please contact Mr. Gary Jordan at (919) 856-4520 (Ext. 32).
Sincerely,
�` Pete Ben�am n
Field Supervisor
Electronic copy: Ronnie Smith, USACE, Wilmington, NC
Travis Wilson, NCWRC, Creedmoor, NC
Chris Militscher, USEPA, Atlanta, GA