20060912 Ver 2_Other Agency Comments_20060718

~~.
.- ~~
IN REPLY REFER TO
Regulatory Division
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. Box 1890
Wilmington, North Carolina 28402-1890
July 18, 2006
(~~Dd ~~~
~s~''~
G~
Subject: Action ID No. SAW 2006-154214-172 and Nationwide Permit No. 23 (Approved
Categorical Exclusions)
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:
Reference your Categorical Exclusion Document, approved on April 12, 2004, and your
subsequent correspondence-dated June 5, 2006, for the replacement of Bridge No. 59 on NCSR
1304 over Sutton Creek, Federal Aid Project No. BRZ-1304 (7), State Project No. 8.2120401,
T.I.P. No. B-4228, Perquimans County, North Carolina. The project involves an off site detour
and will replace the existing structure in the same location with a 90-foot single span bridge
utilizing top-down construction adversely impacting 0.208 acres of riverine wetlands adjacent to
Sutton Creek.
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 0.208 acres of riverine wetlands consisting of 0.065 acres of permanent fill and 0.143
acres of mechanized land clearing in wetlands. The permanent wetland impacts are for the
widening of the approach fills which are needed for the replacement bridge.

~,
Your work is authorized under Nationwide Permit 23, Categorical Exclusion, and
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 0.208 acres of riparian
wetlands associated with the proposed project shall be provided by the Ecosystem Enhancement
Program (EEP), as outlined in the letter dated March 13, 2006, from William D. Gilmore, EEP
Director. Pursuant to the EEP Memorandum of Agreement (MOA) between the State of North
Carolina and the US Army Corps of Engineers signed on July 22, 2003, the EEP will provide
0.42 acres of restoration equivalent riparian wetlands in the Pasquotank River Basin (Hydrologic
Cataloging Unit 03010205) in accordance with Section X of the MOA. For wetlands, a
minimum of 1:1 (impact to mitigation) must be in the form of wetland restoration. 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 avoid adverse impacts to spawning populations offish, anadromous and resident
species at the project site, NCDOT will follow the "Stream Crossing Guidelines for Anadromous
Fish Passage."
c. To avoid adverse impacts to spawning populations offish, anadromous and resident
species at this project site, no in-water work will be conducted between February 15 and June 15.
For the purpose of this moratorium, in water is defined as those areas that are inundated at mean
high water.
d. All measures will be taken to avoid any temporary fill from entering into Sutton Creek
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.
e. 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.
f. 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.
2

g. 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 fill activities
connected with this project.
h. 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 permit, 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 permittee 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 (g) 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 (g). 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.
i. 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.
j. 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.
3

k. Failure to institute and carry out the details of special conditions a. - j., above, may
result in a directive to cease all ongoing and permitted work within waters and/or wetlands
associated with TIP No. B-4228, 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 is valid until the NW"P is modified, reissued, or revoked. All
of the existing NWPs are scheduled to be modified, reissued, or revoked prior to March 18, 2007.
It is incumbent upon you to remain informed of changes to the NWPs. We will issue a public
notice when the NWPs are reissued. Furthermore, if you commence or are under contract to
commence this activity before the date that the relevant nationwide permit is modified or
revoked, you will have twelve (12) months from the date of the modification or revocation of the
NWP to complete the activity under the present terms and conditions of this nationwide permit.
If, prior to the expiration date of March 18, 2007, the nationwide permit authorization is reissued
and/or modified, this verification will remain valid until March 18, 2007, provided it complies
with all new and/or modified terms and conditions. The District Engineer may, at any time,
exercise his discretionary authority to modify, suspend, or revoke a case specific activity's
authorization under any NWP.
Thank you for your time and cooperation. If you have any questions, you may contact me
at the Washington Regulatory Field Office, Post Office Box 1000, Washington, North Carolina,
27889, or telephone [phone], extension 26.
Sincerely,
~`"`"~'~4wk
William Biddlecome
Project Manager
Copies Furnished:
Mr. Brian Wrenn
Water Quality Section
North Carolina Division of Environment
and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699-1650

Mr. Travis Wilson
Eastern Region Highway Project Coordinator
Habitat Conservation Program
1142 I-85 Service Road
Creedmoor, North Carolina 27522
Mr. Gary Jordan
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Ron Sechler
National Marine Fisheries Service
101 Pivers Island
Beaufort, North Carolina 28516
Mr. Chris Militscher
U.S. Environmental Protection Agency
C/O FHWA, Raleigh Office
310 New Bern Avenue, Room 206
Raleigh, North Carolina 27601
Kathy Matthews
3112 Avondale Court
Raleigh, North Carolina 27613
Mr. William D. Gilmore, P.E.
EEP Director
North Carolina Ecosystem Enhancement Program
1652 Mail Service Center
Raleigh, North Carolina 27699-1652
5