20041100 Ver 1_Application_20071018

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STATE of NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY
GOVERNOR
U.S. Army Corps of Engineers
Regulatory Field Office
Post Office Box 1000
Washington, N.C. 27889-1000
Attention: Bill Biddlecome
September 19, 2007

Subject: Request for the Renewal of Permit # 199910718 NW 23 on Knotts Island, Currituck County.
The NCDOT is requesting the renewal of COE permit # 199910718, which authorized the
replacement of bridge # 7 over Corey's Ditch, Federal Aid Project No. BRZ-615(1), State Project No.
8.1040601, TIP No. B-3445, Currituck County. The Genera1401 Water Quality Certification # 3403
applied, there was no written 401 certification for this project. The originally permitted design and impacts
have not changed from the 2004 permit application. There has been an unanticipated scheduling delay in
the project, which has extended the work time past the August 2007 permit expiration date. Therefore,
NCDOT is requesting the reissuance of this permit for the completion of the project. I have included a copy
of the COE permit. Thanks for your efforts in this matter, if any additional information is needed, please
call Clay Willis at 252-482-7977.
Sincerely,
Cc: Garcy Ward, DWQ
Sonja Gregory, DWQ
Bob Capehart, P.E. NCDOT
Randy Midgett, P.E. NCDOT
LYNDO TIPPETT
SECRETARY
Jerry Jennings, P.E.
Division One Engineer
Cla Willis G~/G4.G~
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Division One Environmental Officer

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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON. NORTH CAROLINA 28402-1890
REPLY TO
A7TENT10N OF:
August 13, 2004
Regulatory Division
Subject: Action ID No. 199910718 and Nationwide Permit No. 23 (Approved Categorical
Exclusions)
RECEIVED
AUG J.8 2004
Dr. Gregory J. Thorpe, Ph.D.
Environmental Management Director, PDEA
N.C. Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina 27699-1548
Dear Dr. Thorpe:
DNISI4N OF t~GHWAYS
PDEI1-0Ff~E ~f NATURAL. ENVIAONMEM
Reference your Categorical Exclusion Document, dated July 2000, and your subsequent
correspondences dated May 11, 2004, and August 3, 2004, for the replacement of Bridge No. 7
over Corey's Ditch, Federal Aid Project No. BRZ-615 (1), State Project No. 8.1040601, T.I.P.
No. B-3445, Currituck County, North Carolina. The stated purpose of the project is to replace
the currently functionally obsolete and structurally deficient bridge with new safer and more
efficient bridge. The preferred alternative involves staged, simultaneous construction and will
adversely impact .185 acres of wetlands and .13 acres of open waters adjacent to N.C. Highway
615 and Corey's Ditch.
For the purposes of the Corps of Engineers Regulatory Program, Title 33, Code of
Federal Regulations (CFR), Part 330.6, published in the Federal Register on November 22, 1991,
lists nationwide permits. Authorization pursuant to Section 10 of the Rivers and Harbors Act
of 1899 and Section 404 of the Clean Water Act, was provided for activities undertaken,
assisted, authorized, regulated, funded or financed, in whole or part, by another Federal agency
or department where that agency or department has determined, pursuant to the CEQ Regulation
for the Implementing the Procedural Provisions of the National Environmental Policy Act, that
the activity, work or discharge is categorically excluded from environmental documentation
because it is included within a category of actions which neither individually nor cumulatively
have a significant effect on the human environment, and the Office of the Chief of Engineers has
been furnished notice of the agency's or department's application for the categorical exclusion
and concurs with that determination.
Review of this project indicates that the construction of the new bridge will adversely
impact 0.112 acres of coastal wetlands, 0.073 of fresh-water wetlands and 0.13 acres of surface
waters. The wetland and surface water impacts are from the increased approach roadway fill

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needed for the proposed bridge structure. The new bridge will provide wider road shoulders on
both sides of the new structure for safety.
Your work is authorized under Nationwide Permit 23, Categorical Exclusion, provided it
is accomplished in strict accordance with the enclosed Nationwide Permit Conditions and the
following special conditions:
~a. Compensatory mitigation for the unavoidable impacts to 0.185 acres of wetlands
associated with the proposed project shall be provided by the Ecosystem Enhancement Program
(EEP), as provided for by the acceptance letter dated May 18, 2004, from William D. Gilmore,
EEP Transition Manager. The EEP will provide 0.112 acres of coastal marsh wetland restoration
and 0.073 acres of fresh-water emergent marsh wetland restoration in Hydrologic Cataloging
Unit 03010205. The NCDOT shall, within 30 days of the issue date of this permit, certify that
sufficient funds have been provided to EEP to complete the required mitigation, pursuant to
Paragraph V. of the MOA.
b. To restore hydrology to a more natural state between the Great Marsh and the Back
Bay, NCDOT will install 36" aluminum equalizer pipes buried 1 foot under North Carolina
Highway 615 at six locations and replace existing pipes at two other locations.
c. To avoid adverse impacts to spawning populations offish, anadrornous and resident
species at the project site, NCDOT will follow the "Stream Crossing Guidelines for Anadromous
Fish Passage."
d. To avoid adverse impacts to spawning populations of fish species at this project site,
no in-water work will be conducted between March 31 and September 30. For the purpose of
this moratorium, in water is defined as those areas that are inundated at mean high water.
e. Bridge deck drains will not discharge directly into Corey's Ditch and will not be
located water-ward of the riprap alignment under the bridge..
f. No bridge demolition debris or excavated or fill material will be placed at any time, in
any wetlands or surrounding waters, outside of the alignment of the fill area indicated on the
work plans.
g. The temporary placement or double handling of excavated or fill materials within
waters or vegetated wetlands are not authorized.
h. All .excavated materials will be confined above normal high water and landward of
regularly or irregularly flooded wetlands behind adequate dikes or retaining structures to prevent
spillover of solids into any wetlands or surrounding waters.

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i. The fill material will be clean and free of any pollutants except in trace quantities.
Metal products, organic materials, or unsightly debris will not be used.
j. All measures will be taken to avoid any temporary fill from entering into Corey's
Ditch from bridge demolition. Bridge demolition shall follow NCDOT best management
practices for construction and maintenance activities dated August 2003 and incorporate
NCDOT policy entitled "Bridge Demolition and Removal in Waters of the United States" dated
September 20, 1999.
k. Except as authorized by this permit or any USACE approved modification to this
permit, no excavation, fill, or mechanized land-clearing activities shall take place at any time in
the construction or maintenance of this project, within waters or wetlands, or any activities that
cause the degradation of waters or wetlands, except as authorized by this permit, or any
modification to this permit. This permit does not authorize temporary placement or double
handling of excavated or fill material within waters or wetlands outside the permitted area.
There shall be no excavation from, waste disposal into, or degradation of, jurisdictional waters or
wetlands associated with this permit without appropriate modification of this permit, including
appropriate compensatory mitigation. This prohibition applies to all borrow and f 11 activities
connected with this project.
1. To ensure that all borrow and waste activities occur on high ground and do not result
in the degradation of adjacent wetlands and streams, except as authorized by this pemait, the
permittee shall require its contractors and/or agents to identify all areas to be used to borrow
material, or to dispose of dredged, fill, or waste material. The pennittee shall provide the
USACE with appropriate maps indicating the locations of proposed borrow or waste sites as
soon as the permittee has that information. The permittee will coordinate with the USACE
before approving any borrow or waste sites that are within 400 feet of any streams or wetlands.
The permittee shall ensure that all such areas comply with condition (k) of this permit, and shall
require and maintain documentation of the location and characteristics of all borrow and disposal
sites associated with this project. This information will include data regarding soils, vegetation
and hydrology sufficient to clearly demonstrate compliance with the preceding condition (k).
All information will be available to the USACE upon request. NCDOT shall require its
contractors to complete and execute reclamation plans for each waste and borrow site and
provide written documentation that the reclamation plans have been implemented and all work is
completed. This documentation will be provided to the Corps of Engineers within 30 days of the.
completion of the reclamation work.
m. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this permit in the construction and maintenance of this project, and shall provide
each of its contractors and/or agents associated with the construction or maintenance of this
project with a copy of this permit. A copy of this permit, including all conditions and any Corps
approved modifications shall be available at the project site during construction and maintenance
of this project.
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n. To protect the West Indian Manatee, NCDOT will follow the "Guidelines for
Avoiding Impacts to the West Indian Manatee, Precautionary Measures for Construction
Activities in North Carolina Waters," prepared by the U.S. Fish and Wildlife Service. A copy of
these guidelines is attached to the permit conditions.
o. Any violation of these conditions or violations of Section 404 of the Clean Water Act
or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington
District, U.S. Army Corps of Engineers, within 24 hours of the violation.
p. The permittee shall notify the United States Coast Guard when construction begins.
q. The permittee will need to contact the U.S. Fish and Wildlife Service, Mackey Island
Wildlife Refuge before construction commences to determine the need in obtaining a special use
permit for the project.
r. Failure to institute and carry out the details of special conditions a. - q., above, may
result in a directive to cease all ongoing and permitted work within waters and/or wetlands
associated with TIP No. B-3445, or such other remedy as the District Engineer or his authorized
representatives may seek. -
-This nationwide permit does not relieve you of the responsibility to obtain any required
State or local approval. This permit will be valid for two years from the date of this letter unless
the nationwide authorization is modified, reissued or revoked.
Thank you for your time and cooperation. Questions or comments may be addressed to
Mr. Bill Biddlecome, Washington Regulatory Field Office, Post Office Box 1000, Washington,
North Carolina, 27889, or telephone [phone], extension 31.
Sincerely,
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S. Kenneth Jolly
Chief, Regulatory Division
Enclosures
Copies Furnished (without enclosures)
Mr. John Dorney
Water Quality Section
North Carolina Division of Environment
and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699-1650

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON. NORTH. CAROLINA 28402-1890
REPLY TO
ATTENTION OF:
Permit Number: 199910718/NW23/Currituck County
Permittee: NCDOTB-3445
Issuance: 13 August 2004
Project Manager: Bill Biddlecome
%~Jpon completion of the activity authorized by this permit and any mitigation required by
the permit, sign this certification and return it to the following address:
Washington Regulatory Field Office
US Army Corps of Engineers
Post Office Box 1000
Washington, NC 27889-1890
Please note that your permitted activity is subject to a compliance inspection by a U. S.
Army Corps of Engineers representative. If you fail to comply with this permit you are
subject to permit suspension, modification, or revocation.
I hereby certify that the work authorized by the above referenced permit has been
completed in accordance with the terms and condition of the said permit, and required
mitigation was completed in accordance with the permit conditions.
Signature of Permittee