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HomeMy WebLinkAbout20161031 Ver 1_B-5939 Permit Application_20161024 (2)Transportation October 79, 2016 Mr. Thomas Steffens U.S. Army Corps of Engineers Washington Regulatory Field Office 2407 West Fifth Street Washington, N.C. 27889 RE: Reques[ for NWP 3 and NWP 25 for Bridge Preservation B-5939, Bridge No. 6 over Bogue Sound in Carteret County Dear Mr. Steffens: PAT McCRORY Gmeinor NICHOLAS J. TENNYSON Secmmry The North Carolina Department of Transportation is requesting the issuance of a N WP 3 and N WP 25 for maintenance work associated with the placement of 156 pile jackets ancUor encapsulations on Bridge No. 6(B-5939) over Bogue Sound in Carteret County. The pile jackets and/or encapsulations will be on average 7 feet long wi[h 3 feet below low tide and 2 feet above high tide. Some pilejackeUencapsulation locations are shallow {51 piles, highlight in the attached table) and in those areas the pile jackets will need to extend 3 feet below low tide which puts the base of the jacket close to or below the mudline. Therefore, the pilejacket will be jetted into the substrate. The area temporazily impacted will be the width of 1 foot around the base and no deeper than 2 feet. This will be done using pressurized water hose. Prior to soil displacement a turbidity curtain will be placed to incase the pi le. The process will result in a maximum area of disturbance totaling 2, ] 45 square feet. Additional proposed maintenance work includes shotcrete and concrete repairs to substructure elements, shotcrete repairs to girders and diaphragms, epoxy coating of girder ends, shear strengthening of girders at location of drop-in span, pre-stressed strand repair to girder reinforcing, installa[ion of corrosion protection to girders and possibly to low water footings and piles and the addition of 2 bar metal rail to [op of existing concrete rail. This maintenance project is designed to reduce the deterioration of the bridge and to probng the life of the existing structure. This maintenance project will follow applicable conditions of Water Quality Certification #3883. �Nothing Compares�_ State of Nonh Camfi�x I Depertmean ofT�ansponatiun I Highway Division 2 105 Pactolus Highway NC 33 I Pos� O%ce Bos 1587 I Grcenville. Nonh Camlina 27835 2524392800 T If you have any questions or comments conceming the project or need any additional information, please contact me at 252-439-2800 or ib1ohnson(c�ncdot.gov. Thank you for your assistance. Sincerely, (� V Jay B.Johnson Division Environmental Oificer Attachmenu: Pre-Construction Notification (PCN) Form Project Area Map Pile Repair Locations Map and Plans Pile Repair Locations Table Area of Disturbance Table USFWS Correspondence NOAA Correspondence Preliminary Jurisdictional Determination Fortn lt �,_ :_' r�� ���`. _.,', vr c�, � . � �.� � .� _r,; - - _ .-F.� ,` Office Use Only Corps action fD no. DWQ project no. Form Version 1.3 �ec 1 a 200$ Pre-Construction Notif�ca#ion PC'1''�T Form A. A l�cant Inforrnatron 'f. Pracessing 1 a. Type(s) a# appro�al sought fram the Corps: � Section 404 Permit � Section 10 Permit �b. Specify Nationwide Permit (#�WP) number: 3 and 25 ar Gener�l Permit (GP) number: tc. Has the NWP or GP number k�een verified by the Corps? � Yes ❑ Np 1 d. Type(s) af approv�al sought from #he DWQ (check all that apply)_ ❑ 4D1 Water Qr�ality CertificatFdn — Regular ❑ Non-404 Jurisdietionai Genera9 Permit [� 4Q1 Water Quali#y Certification — Express ❑ Riparian Buffer Autharizatian 1 e. Is #his noti�Fcation soiely for the record For the recard only for E7VVQ 401 For th� re�rd 4nly for Corps Permit: because writt�n apprnval is not requireti? Certificatio� � Yes ❑ No � Yes ❑ No 9f. ls payment into a mitiga#ipn bank or in-li�u fee program propased for mitigation Q Yes � IVo of impacts'� If so, attaci� the acceptance letter from mitigatidn bank or in-fieu �e� program. 1 g. Is the project locaked i� any o# �JCs twenty caastal counties. If yes, answer 1 h � Yes � f�o below. 1 h. Is the project Cocated within a NC �CM Area of En�ironment�i Concem (AECj"� � Yes ❑ No 2, Pro�e�t Informatian 2a. Name af prajeCt: 8-5939 �ridge hJo. fi{Emerald Isle Wsgh Rise) 2b. Caunty: Carter�:t 2c. Nearest municipality f town: Emeraid �sle 2cl. Subdivesion name: NA 2e. NCDOT on1y, T'.I.P. or state �� ���84 1.1 project no: 3. Owner Infom�ration 3a. f�arne(s) on Re�orded Deed: North Carolina Depar�ment of Transportation 3b. [leed Boo� and Page No. NA 3c. Respnnsible Party (for LI�C if �� applicai�le): 3d. Street address� PO Box � 587 3e. City, st�te, zip: Greenuille, N�C 27835 3f. Telephone no.: 252-83�-3490 3g. Fax na.: 252-83�]-3341 3h. Email address: jb}ohnson�a ncdot.go� Page 3 c�f 91 PCN Ft�rrn — V�rsion 1.3 December 10. 20n$ Version 4. Applicant in€arrnation (if different from owner) 4a. �lpplicar�t is: ❑ Agent � (}titer, specify: 4b. Name: Jay B. John�an, Di�ision 2— Di�ision Enr�ironrnental Gfficer 4c. Business name NCDQT (if applicable): 4d Street address: 1 a5 Pactolus Hwy. (NC 33) P.O. Box 1587 4e. Ciiy, state, zip: Greenvilie, f�C 27835-1587 4f. Telephone no.: 252-439-2800 4g. Fax no.: 4h. Emafl address: jbjohnsanQncdot.gov 5. AgentlConsultant Information (if applicable) 5a. Name: 5b. Business name (ifi applicable}: 5c. Street address: 5d. City, stake, zip: 5e. Teleph4ne no.: 5f. Fau no.: Sg. �mai! address: Pag� 2 of 11 RCN Forrn — Version 1.3 December 10, 2008 Version B. Praject Information and Prior Project History 1. Property Identification 1 a. Property identification rto. (tax PIN or paroel ID): NA 1 b. Si#e caordinates (in decimal degrees): L-atitude: N 34.673159 Longitude: W-77.D65�627 (QD.�DDDDDj (-DD.DDI]DDO) t c. Property size: 3.84 acres 2. Surface Wab�rs 2a. Name of neares# body of water {stream, ri�er, etc.) to gQ��� g�und. NC SID: 20-36-(0.5). proposed project: 2b. Waker Quality Classification of nearest r�iving water: SA;ORIN 2c. River basin: White Oak 3. Project Description 3a. Describe the existing condiiions on #he site and the general land use in the vicinity af the project at the time of this application: The site c:onsists af a two lane high rise bridge connecting Emerald Isle ta the rnainland. Land use in the �icin�ty of the �roject is primarily residential and cammercial with some undeveloped areas. 3b. List the total estimated acreage of ail exis#ing wetlands on the property: 0.0 3c. List #he total estimated linear feei af a!I existing streams (intermittent and perennia!) on tMe property: NA 3d. Explain the purpose of the praposed project:. io presenre the safety snd mobili#y of the traveling public by repairing the existing bridge structure. 3e. Describe the o�uerall project in detail, including the type of equipment to be used: Shotcxete and cancrete repairs to substructure elements. Shatcrete repairs to girders and diaphragms. Epoxy coating of girder ends. Pile jacket�ng and/or eneapsulations. Shear strengthening of girders at lacation of drop-in spar�. Pre-stress�d strand repair ta girder reinforang. Installation of corrosion protection to girders and passibly to low water footings and piles. Addition of 2 bar metai rail to top of existing cancrete rail. All repairs uviN be conducted in acxardance with NCDOT Best Management Practices (BMP) for Bridge Demolitian and Removal and bridge maintenance wor�c associated with concrete repair. The plan pile repair length is anticipated to average seven feet (three feet below the low t'rde and two feet aba�e high tide}. Standard BMP protocols wil! be used with the pile jadcets/encapsulation instaflatian, specifically the use af turbidity curtains when repair activity requires disturbance of #he substrate below the mud battom. Na work wiA be conducted in nearby wetland areas. Standard road eonstrue#ian and bridge replacement equipment such as cranes, trucks, boats and similar vehicles will be used for the project. The pile jackets will be instal4ed potentially utilizing a smafl shallow draft baat. A smali floating platform may also be utilized adjacent to the pifes for workability and safety. The concrete wili be placed using a gravity- fed tremie fram the existing bridge deck. Proper erosion and sedirnentation control measures will be employed during all stages of aonstruciion. Page 3 of 11 PCN Form — Version 1.3 December 10, 2008 Version 4. Jurisdictional Determinations 4a. Harre jurisdictiona! vvetland or stream determinations by khe C+orps or State been rec�uestec3 or obtained fior this praperty ! project (including all prior phases} in the past? ❑�'es � No ❑ Unknowrr Camments: 4b. If the Corps made the jurisdictional determination, what type � preliminary ❑�inal of determinatioR was made? 4c. If yes, who delineated the jurisdictional areas? AgencylGonsuitant Company: Name (if known}: Other: 4d. ff yes, list the dates af the Corps jurisdictianal determinations or State determinations and a#tach documentation. Preliminary JD request attached. 5. Project Histary 5a. Have permits or certification� been requ�sted ar obtained for � Yes ❑ Na � Unknown #his project (induding all prior phases) in the pasY? 5Ea, If yes, explair� in detail according to "help file' instructions. 6. Future Project Pians 6a. Is this a phased project? ❑ Yes � Na 6b. If yes, explain. C. Rroposed lmpacZs Inverrtory 1. impacts 5ummary 9 a. Which sedians were compieted below fnr your project {check all that appEy): ❑ Wetlands ❑ Streams - tributaries ❑ Buffers � Open Waters ❑ Rond Construction Page a of 11 PCN Form — Version 1.3 December 10, 2Q08 Version 2. Wetlancf Impacts If there are wetland impacts prQposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f, Wetland impad Type of jurisdiction number— Type of impact Type of wetland Forested (Corps - 404, 1 Q Area oi impad Permanent (P) or {if knownj DWQ — non-404, other) (ac�s) Tem ora T W,� � p� T ❑ Yes ❑ Corps ❑ No ❑ DWQ W2 � P� T ❑ Yes ❑ Corps ❑ Mo ❑ DWQ � � � ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W4 � P ��. ❑ Yes ❑ Carps ❑ No ❑ DWQ � � � ❑ T ❑ Yes ❑ Carps ❑ No ❑ �WQ �� P O T ❑ Yes ❑ Corps ❑ No ❑ DWQ 2g. Total wetlaad impacts 2h. Comments: 3. Stream Impacts If there are �erenni�l or intermitterEt stream impacts (includi�g temporary impacts} proposed on the site, then aomplete this quesEian far all skream sites impaded. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impac# Stream name Perennial Type of jurisdiction Average �mp�� number - {PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ — non-4D4, width {linear Tempnrary (T� (1N7)? other) {feet) feet) S1 ❑P❑i ❑PER ❑Corps ❑ IfVT ❑ DWQ S2 ❑ P❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ 83 ❑ P[] T ❑ PER ❑ Corps ❑ WT ❑ DWQ S4 ❑ P 0 T ❑ PER ❑ Corps ❑ IIVT ❑ DWQ S� ❑ P a j ❑ PER ❑ Corps ❑ INT ❑ DWQ S6 ❑ P Q T ❑ PER ❑ Gorps ❑ I NT ❑ DWC,� 3h. Total stream and tributary impacts 3i. Comrnerrts: Page 5 of 11 PCN Form — Version 9.3 December 10, 2008 Version 4. Oapen Water Impacts 1f there are proposed impacts ta Cakes, ponds, estuaries, #ribukaries, sounds, the Atlantic Qoean, or any other ape� water of the U.S. then individually lisi ali open water impac#s below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbc�dy impact number — {if applicable) 7ype of impact Waterbody type Area of impact (acres) Permanent (P) nr Tem ora T 01 ❑ P� T Bogue Sound Pile jacket Estuarine U.049 02 ❑P�T 03 ❑P�T 04 ❑P❑� 4f Tota! open water impacts 0.049 4g. Comments: 70i sq ft (0.01 B�c) of impacts for the inst�ilatian of shaliow pile j�ckets which have the pote�ti�l of disturbance helow the mudEin�. 5. Pond or Lake Construction If ond or iake construction ro sed, then com lete the chart below. 5a. Sb. 5c. Sd. 5�. Wetland lmpacts (acres) Stream Impacts (feet} Upland Pond ID Proposed use ar purpnse (acres} number of pond Floaded Filled Excavated Flaoded Filled Excavated Flooded R1 P2 Sf. Total 5g. Cornments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, pe�rnit Ib no: 5i. Expected pand surface area (acres): 5j. Size of pond watershed {acres}: 5k. Method af constructian: Page 6 of 91 PCN Form — Version 1.3 December 10, 2fl48 Version fi. Buffer tmpacts (for DWQ) If project will impact a protected riparian buifer, then complete the ahart below. If yes, then indir►idually list all buffer irrzpacts below. If an im acts re uire miti ation, then ou MUST flll out Sectian D of this farm. 6a. ❑ Neuse ❑ Tar-Pamlico ❑ Other: Project is in which protected basin? ❑ Catawba ❑ Randleman Bb. Bc. 6d. 6e. 6f. 6g. Buifer impact number — Reason Buffer Zone 1 impact Zone 2 impact Permaneni (P) ar for 5tream name mitigation (square f�et) (square feet) Tem ora im act r uired? B1 ❑P❑T ❑Yes ❑ Na B2 ❑P❑T ❑�'es Q {d4 B3 ❑P❑T ❑Yes ❑ No 6h. Total buffer irnpacts fii. Comments: D. Impact Justification and M�tigation 1. Avoidance and Minimizatian 1 a. Spec+fically describe measures taken to avoid or minimize the pra�sed impacts in designing project. f�CDOT design is minimum requirements for State standards. 1 b. Specifically describe measures taken ta avaid or minimize the prapased impacts through c:anstructifln techniques. Constructian methods anci �quipment proposed minimize and ayoid leaving a footprint in en�ironmentally sensitive areas. No impacts will occur ta nearby wetlands. Pile jackets andlor encapsulations would be employed during construction. Pile jackets would be jetted into the substrate. No concrete or repair materials would be plaaed below the mudline; the fiberglass pile jacket would be the only material occupying the space beiaw the mudline. A turbidity curtain shall be used du�ng any bot�om disturbanae activities that wauld result from instailing pife jackets 6�elow the r�ud line. Construction staging would avoid impact� !o existing marsh. An in-water woric morator�um will be obs�rved firom April 1�' through September 30�' to minimize impacts to essential fish habitat. Guidelines For Avoiding Impacts To The West Indian Manatee: Precauiionary Measures for Construction Activities in North Caroiina Waters will be implem�nted. 2. Compensatory Mitigation for lmpacts to Waters of the U.S. or Waters of tF�e State 2a. Dces the praject require Campensatory Mitigation far � Y�s � IVo 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 Responsitale Mitigation 3. Complete if Using a Mitigatian Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type Quantity Page 7 of 11 PCN Form — Version 1.3 December 1 Q, 2q08 Version 3c. Comments: 4. Complete if Making � Payment to In-lieu Fee Program 4a. Appro�al letter fram in-lieu f�e program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream miiigatian, stream temperature: ❑ warm ❑ coo4 ❑cold 4d. BufFer mitiga�an requ�sted (DWQ an{y): square f�et 4e. Riparian wetland mitiga#ion requesk�l: aa�s 4f. Non-riparian wetland mi#igatian reques#ed: acres 4g. Coastal {tidal) uvetland mitigation requested: acxes 4h. Comments: 5. Camplet$ if Using a Psrmit[ee Re�ponsibie Mitigation Ptan 5a. If usirsg a permittee responsib[e mitigation plan, provide a description of the proposed mitigadan plan. 6, Buffer Mitiga�ion (State Regulated Riparian Buffer Rulesy — required by DWQ 6a. Will the project resuEt in an impact within a prote�ted riparian bufFer that requires ❑ Yes � No buffer rnitigation? 6b. If yes, then identify the square feet of impact to each xone of the riparian buffer that requires rrsitigation_ Calculate the amount of mitigation required. 6c. 6d. Be. Zone Reason far impact Total impact Multiplier Required mitigatian (square f�et} (square feek) 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 mitigatian bank, permittee responsi�le riparian buffer restoration, payment into an apprnved in-lieu fee fiand). 6h. Comments: Page $ of 11 PGN Form — Version 1.3 December 10, 2008 Version E. Stormwater Management and diffuse Flow Plan (required by DWQ} 1. DiHuse Flow Plan 1a. Does the project indude or is it adjacent to protected riparian buffers identified � Yes � No within ane of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? lf no, explain why. ❑ Yes ❑ No Comments: 2, Stormwater Mana ement Plan 2a. What is the o�erall peroent imperviousness of this project'? NIA 2b. Daes this project require a Stormwater Managament Plan? � Yes � No 2c. If this prajeat DOES NOT require a Stormwater Management Plan, explain why: No new ground disturbance or new impervio�s surface added. NCDOT BMP's wrill E� followed for bridge maintenance work associated with concret� repair. 2d. If this project DOES require a 5tormwater Management Plan, then provide a brief, narrative description of the plan: The project wifl be completed in accordance with the NCDOT BMP manual to the maximum extent practicalale. Construc#ion stonnwater management wiil comply with NCS OQ250 ❑ Certified Local Go�emment 2e. Who +xill be responsibEe for the review of #he Stortnwater Management Plan? ❑ DWQ Stormwater Program ❑ DWQ 441 tJnit 3. Certified 1.ocal Gavernment Stormwater Review 3a. In whiclh local govemment�S JU�ISC�ICtf01� IS tI'lIS p�QJECt? Carteret Caunty ❑ Phase li 3b. Which of the following locally-implemented stormwater management programs ❑ NSW appiy {check all that apply): ❑ USMP ❑ Water Supply Watershed ❑ Other: 3c. Has the approved S�ormwater Management Plan with praof of approval been ❑ Yes ❑ No attached? 4. DWQ Stormwater Pr ram Review � Coastal counties ❑ HG1W 4a. Which of the following state-implemented stormwater management programs apply � ORW (check all that appiy}: ❑ Session Law 2008-246 � Other: NPDES 4b. H�s the approved Siormwater Management Plan with proaf of approval been attached? ❑ Yes � IVa 5. DWQ 401 Unit Stormwater Review 5a. Does the Stflrmwater Managemen# Plan meet tne appropriate requirements? ❑ Yes ❑ No Sb. Have ail of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 9 �f 11 PCN Form — Version 1.3 December 10, 2D08 Version F. Supplementary Infarmation 1. En�vironmental Dacumentation (DWQ Requireroerrt) 1 a. Uaes the proj�ci invol+ve an expenditure af public (federal/statellocal} funds or the � Yes ❑ No use of publie (federallstate) land? � b. If yau answered °yes" to ti�e above, does the project require preparation of an environmental document pursuant to the eequirements af the NatioRal or State [] Yes � No (North Carolina) Environmen#al Palicy Act (NEPA/SEPA)? 1 c. If yau answered "y�s" ta the abov�, has the document re�iew been flnaEized by the State Clearing House? (If so, attach a capy of the NEPA or SEPA fina! appraval ❑ Yes ❑ No fetter.) 2. Violatians (DWQ Requirement) 2a. Is the site in �iolation af DWQ Wetland Rules (15A NCAC 2H .D500), Isolated Wetland Rules (15A NCAC 2H .130�), DWQ Surface Water or Wet9and Standards, ❑ Yes � No or Riparian Buffer Rules (15A NCAC 26 .020fl}? 2b. Is this an after-the-fiack p�rmit applica#ion? ❑ Yes � No 2c. If yau answered "yes° to one or both of the abo�e questions, provide an explanation of the violation(s): 3. Cumulative lmpacts (DWQ Requirementj 3a. Will this project (based on past and reasonably anticipated future impacts) result in � Yes j� No adciitional deve4apment, which could impact nearby downstream water quality? 3b. If you answersd "yes" ta the above, submit a quafitative or quantitative cumulative impact analysis ln acc+ordance with the most recent DWQ palicy. If you answered ano," pra�ide a short narrative description. 7his is a hridge repair project and as such would not result in additional develapment. 4. 3ewage Disposal (DINQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non-diseharge or discharge) of wastewater generated from the proposed project, or a�siiable capaciiy of the subj�ct facility. N/A Page 10 of 'I 1 PCN Form — Version 1.3 December 10, 2008 Versian 5. Endangered Species and Designated Gritical Habitat (Corps Requirement) Sa. Wrll this projeet accur in or near an area with federally protec#ed species or � Yes ❑ No habitat? 5b. hiaue you checked with the USFWS conceming Endangered Species Act � Yes � EVo impacks? � Raleigh 5c. If yes, indicate the USFWS Field Office you have contacted. ❑ Asheville 5d. What data sourcaes did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? A review af GIS NC �latural Heritage Program (f�HP} elemen#al occurrence data was completed. Potential suitable habitat for Atlantic Sturgeon and West Indiar� Manatee was found within the Bogue Sound waters af the project area. Concurrence with the bioEogical conclusion of "May Affect, Not Likely to Ad►+ersely AffectA was communicated via e-mail corre5pandence with Gary Jardan 1 0/6120 1 6 (attached). 6. Essentiai Fish Habitat (Corps Requirement) 6a. Wili thi5 project occur in or near an area designated as essential fish habatat? � Yes ❑ No 6ts. What data sources did you use ta determine whether your site would impact Essential Fish Habitat? NOAA EFH rnapper, I�CDENR SAV mapper and NC DWR water aiassification. Praject is in Bogue Sound which is cla5sified a5 SA, ORW. There is SAV present within and adjacenf to the project area. An in-water work moratorium will be observed from April 1 st through September 30#h tQ minimize impacks to essential fish habitat. E-mail co�respondence r+vith Ken Riley 1 D13/2016 (attached). 7. Historic or Prehistoric Cultural Resources (Carps Requirement} 7a. Will this projecf occur in or near an area that the state, federal ar tribal � y�$ ❑ No govemments have designated as having historic or cultural preservatian status (e.g., Nationai Historic Trust designation or propertiss significant in �flt applicabte. Repair wilf be in same North Carolina history and archaeology)? footprint a� existing structure. 7b. What data sources did you use to d�termine whether your site would impact F�istoric or archeologicai resources? Not applicable. Repair will be in same footprint as existing structure. 8. Flood ZQne Designation {Corps Requirement) Sa. Will this project occur in a FEMA-designated 100-year floadplain? � Yes ❑ No 8b. ff yes, explain how praject meets FEMA requirer�ents; Project is a repair and the structure wiil not change. Therefore, FEMA coardination is not req�ired. 8c. What source(s) did you use to make the flo�odplain determination? NC Fiood Maps Website 10/14/16 ApplicantlAgent's Printed Name Da#e A �ca Agent' Signature (AgenYs signature is lid o if an a orization letter iram the applicanl is ro ded. Page 1 I of 11 PCN Form — Version 1.3 December 10, 2008 Version PiLE RF.PAiR LOCA'3"IpNS'�ABLE (N(}"1'1:: ]IIGiILiG}-CCFiJ PtI.FS [N�7[CATE SI3AI.LOW bVAI'F:R TABLE WIT10Ei MA�i RF,QL3TRL'^ jETTWC� (ll� ['�T.Ei I[AC:K1iT5) 8ent If ptle# Water Depth �fr) 4 1 9.1 4 2 4.1 4 3 9.1 4 4 9.1 A 5 9.1 4 6 9.1 4 7 9.1 8 2 4.6 8 4 4.6 i0 1 4 lZ 1 4.6 11 7 4.6 12 2 4.6 iz n a.� ia � a.� 12 8 4.i 13 1 3 13 4 3 13 S 3 13 7 3 14 1 3.7 14 2 3.7 14 3 3.7 14 4 3.7 14 5 3.7 14 6 3.7 14 7 3.7 15 1 4.1 15 2 4.1 15 4 4.1 1S 6 4.1 16 1 4.7 �� z a.� 1S 3 A.i 15 4 4.7 16 5 4J 16 fi 4.7 16 7 4J 17 3 4.1 17 4 4.1 ll 6 41 ia a a,� 14 1 5.6 19 3 5.6 14 5 5-6 19 f3 5.6 19 9 S.fi 19 10 5.6 i9 1i 5,6 19 i2 5.6 19 13 5.5 19 14 �.b 19 15 5.5 i9 �$ 5.s 2L1 1 6.1 2a 2 6.1 20 5 6.1 20 11 61 20 12 6.1 Z€1 13 fi_1 20 10. 6,1 z[} 15 5. i 21 2 3.7 Zl 3 3J 21 5 3.i 2i 6 3.7 21 7 3.7 21 Afi 3.7 21 11 3.7 21 12 3.7 21 13 3.7 21 14 3.7 21 15 3.7 21 16 3.7 21 17 3.7 21 18 3.7 22 7 2.6 31 1 6.1 31 3 6.1 3I 5 6.1 31 6 6.2 3� 7 6.2 31 8 6.1 31 9 6.1 31 11 6.1 31 12 6.1 31 33 6.1 31 14 6.1 31 15 6.1 31 13 6.2 31 1$ 6.3 34 2 i2.3 34 4 7 2.3 34 5 12.3 34 6 i2.3 34 $ 12.3 34 10 12.3 34 11 12.3 34 12 1Z.3 34 13 1Z.3 34 14 12.3 34 15 12.3 34 16 123 34 17 �2.3 34 18 i23 35 1 4.3 35 2 4.3 35 3 4.3 35 4 43 35 6 4.3 35 7 4.3 35 8 43 35 9 4.3 35 10 4.3 35 11 4.3 35 ]2 A.3 35 13 4.3 35 14 43 35 15 4.3 35 17 4.3 35 18 4.3 3fi 1 3.5 3G 2 3.5 35 3 3S 36 5 3.5 36 6 3.5 36 $ 3.5 36 11 3.5 36 i4 3.5 40 2 2.9 41 S �.4 44 12 8.5 0.4 13 8.5 45 2 8.6 45 5 8.8 45 8 8.8 45 12 8.8 45 3 6.9 45 13 6.9 45 12 5.9 45 13 6.4 46 15 6.9 46 18 6.9 47 Z 4.6 47 3 4.6 47 5 A.5 47 6 4,6 47 7 4.6 48 2 2.8 49 1 3.1 50 3 3.7 51 i 3.4 56 1 6 56 3 6 56 4 6 56 6 6 B-5939 Bridge Nca. �- Ar�a of Disturbance Total 156 planned piling repairs Piie Shspe Qty Area of Disturbance 7otal Area Disturbance ftz Total Area Disturbance (ac) Pile Jackets - Circle 12° 5quare 156 'f3.75 2145 0.049 Pile .iacicets - Square 12" Squ�are 156 8 i248 p.p2g Max Dis#. 956 iles 2145 0.049 Sl shallaw piling repairs Pile Sha e Qt Area af Disturbanee To#al Area Disgurbance 7'otal Area Disturbance ac Pile Jackets - Circle 12" Square 51 13.75 iD1 O.Q16 Pile Jackets - Square 12" Square 51 S 448 4.009 Max Dist. 51 iles 7D1 D.016 Note: It will b2 either square or circle Pile Jac9cet not both Assumed warst cese far Max. Disturbance - Circle anc� assurr�ed afl 156 iles would im act substrate From: Sent: To: Cc: Subject: Wen�l�e, Jordan, Gary <gary�jordan@fws.gov> Thursday, October 06, �Q16 1:49 PM Wendee Smith Rogerson, Maria A; Tra�ris Wilson Re: FW: Permitting far High Value Bridges (HVB) for Division 2- 8-593$ and B-5939 These projects would likely have no effect on federatly threatened or endangered species undee the purview af the USFWS, with the possible exception ofthe West Indian manatee. However, as long as the GUiDELIfNES FOR AVDTDING IMPACTS TO THE WEST INaIAN MANATEE: Precautianary Measures #or Construction Actiaities in North Carolina Waters are implemented, I could concur with a"May Affect, Not Likely to Ad�ersely Affeet'° biologica! conclusian. Just as a reminder, sea turtles fall under the purview o� the National Marine Fisheries Service when they are ir� the water. The USFWS only has authority over nesting sea turtles. Gary Jardan Fish and Wildlife Biologist Liaison to NCDOT US Ftsh and Wildlife Service 551F Pyion Drive Raleigh, NC 27b06 Phone: 919-856-4520 x32 �'ax: 919-856-4556 Email: �.ar��Jc�rdan'ti���f��5.��0�� tiOTE: I his c�nrui! cnrre.�pu�tdc��tcc� ruar! u�rl' rtJfucltntt ttts Iu u�td frtu�t Ntis senrlt�r rtrc� suh%cer rn rl,e Frec�rlunt n/ IttJur'r►uttfurt : I rt (l-(1f. i) rr�rrl mul' he disch,,�c�d tu Ilrirrl prrrties. On Wed, Oct 5, 2016 at 3:14 PM, Wendee Srnith <��sniith u sepien�,�ir�c�rin���.c��i��> wrote: Hi Gary, NCDOT Division 2 is preparing for two bridge preservation projects, B-5938 and B-5939 in Carteret County. Below is a project description for each project alang with other project details that have been discussed in the near past. We share ali ofthis in an effort to get you fully in the loop. B-5938 Carteret 6$ (Atlantic Beach Bridge): • Shotcrete and concrete repairs to substructure elements. � Shotcrete repairs to girders and diaphragms. • LMC (Latex Madified Concrete) deck over�ay and joint replacerrxer�i. • �paxy coating af girder ends. • Pile encapsulation, pile wrapping, and for pile jacketing. � Pre-stres�ed strand r�;pair to girder reinfarcing. • [nstallation af corrosion protection to girders and possibly to low water foc�tings and piles. • Replacement of e�cisting light poles alor�g structure. • Replace the Fender �ystezn B-5939 Carteret 6(Emeraid Isle High Rise): � Shotcrete and concrete repairs to substructure elernents • Shotcrete repairs to girders and diap�ragms • Epaxy coating of gird�r ends • Pile encapsulation and pile jacketing, � Shear str�ngthening of girders at lacation of drop-in span • Pre-stressed strand repair to girder reinforcing • Installatian of corrosion protectian to girders and possibly to lovw water footings and piles • Add�tion af 2 bar metal rail to to�► of existing concrete rail After internal DOT discussions and an onsit� rneeting to review construction methods and logistics, it was confirmed that pile jackets wauld be employed d�aring constructian. Attached is a map and list of the piie� where pile jackets are planned on B-5939. The plan pile repair lengt�t is anticipated to average seven feet {three feet be�ow the tide line and two feet a�ave high tide}; this may vary slightly for a variety of passible reasons. In the B-5939 repair locations {figure attached) the piles that are highlighted indicate locations where the three feet belaw low tic3e may be close ta ar below the mudline. When reading tl�e soundangs on this figure, note that the water depth is the average ofthe two soundings {upstream and downstream side af the bents). The preferred methad of installation of the pile jackets could be to jet them into the substrate. No cQncrete or r�pair rnaterials would be placed below the mudline and the fiberglass pile jacket wou�d be the only materiai occupyirtg the space below the mudline (esseniiaily a fibergiass tube filled with bottorr� material). W'rth regards to the proposed fender system on B-59�$, it wili be installed in its current location (see the existing fender and propased fender locations on the plans attached; please note the plans with the proposed location are draft plans with certain detaiis subject to changej. It was also confirmed that construction staging couId avoid impacts to �xisting marsh. Many efforts have be�n considered in order to avflid ar�d minirnize environmental impacts to the maxinnurn extent practicable. Considering proposed construction rnethods along with recommendations received fram you, the Division proposes to move forward as follows and would greatIy appreciate your guidance and �ny additional input you deem necessary sa that the permit application process is seamless. Belaw are some comments already received from cnultiple review agencies this year. B-5438 Carteret 68 (At(antic Beachj • DCM considers the pxopaseci work as a maintenance and repair of the exisiing structures, therefore a CAMA permit wil! not be required. However, it was npted that the new/replacement fender systern must be constructed in the sa�me footprint of the existing fender system and not encroach into the navigation channel. DCM alsc� nated that BMPS wnuld he required during all stages of cor�struction. • USACE noted that a PGN wo�ald be required for each bridge and would include a I�PWP 3 and 25, and Section 10. The USACE nated that EFHlmoratoriunn issues needed to be resolved with NCDIvIF before issuance. � Section IO permit • Ir1CDWR nated that a eorresponding 401 WQC to c4mpliment the USACE 404 shouldn't be an issu� provided constructian methods followed standard protocfll with pile jacl�ets/encapsulation for BMP's. • WRC nated that this area is chara.cterized by higher salinity water primarily supporting species under the jurisdiction of the NCDMF, therefore WRC deferred to NCDMF and NMFS to address aquatic impacts. • Due to the installatic�n of the fender system, NCDMF noted the potential for an April 1-Septernber 30 moratorium based on the mapped SAV adjacent to the project site, In this guidanee suggested fram NCDMF earlier this year, it was nated that more �pecific information about the extent and duration of in-water r�vark would be needed for a final determination as to whether ar not a moratorium would actually be required. B-S939 Carteret 6(Emerald Isle High Rise) • DCM cons�ders the proposed work as a maintenance and repair of the existing structures, therefore a CAIvIA permit will not be required. However, it was noted that the new/replacement fender system must be construeted in the same footprint af the existing fender system ar�d not encrnach into the navigatian channel. DCM also noted that BMPS would be required during all stages af construction. * USACE noted that a PCN would be required for each bridge and wauld include a NWA 3 and 25, and Section 10. The USACE nated that �FH/moratorium issues needed to be resolved with NCDMF before issuance. • NCDWR nt�ted that a corresponding 401 WQC to compliment the USACE 404 shouldn't be an issue pravided consfiruction methods %llowed standard protocol with pile jackets/encapsulation for BMP's. • WRC noted that this area is charact�rized by higher salinity waier primarily support�ng species under the 1urisdiction of th� NCDMF, thereft�re WRC deferreci to NCDMF �nd NMFS to addcess aquatic impacts. • Cflncerns from NCDMF were noted on B�5938 due to the installation of the new fender system but na concerns were r�oted far B-5939. Carteret County has several federa�ly �ist threatened and endangered species listed below. � Green sea turtle • Hawksbill sea turt�e • Kemp's ridley sea turtle • Leatherback sea turtle • Loggerhead sea turtle • Piping plover • Red-cockaded woodpecker • Red knot • Roseate tern • Shartnose sturgeon. • West Indian manatee • Rough-leaved Iaosestrife � �eabeach amaranth 4 We do not anticipate tk�is project to have an irnpact an any of the listed species. The anticipated let date for both projects is April 2017 (17Qth projecfi� will be let to the sarne contractflr). Your recc�mrr�endations and input wcauld be most appreciated if re�eived no later than Monday, �ctober 10, scr the Division can begin preparing pe►znit applications to meet our aggressiv� schedule. Thanks again for your guidance. Respectfully, Wendee B. Smith ��� ��PI e��eass��fss e�r�srs��r�r�s Wencfee 8. Smith, PWS � Associate Environmental Qireckar S�.PI Cn,ineerin� & Cc�nstnictio�i i 6�5 1�'�'ade Avenue � Ralei�h, N� `?760i C7irect: 919.57;.99iG � Cell: 91'9.27a.8430 � senien�ineerinQ.eom Conneet with us: i.inkedlt� � Twitter � Facehook Confidentiality Natice: This message is ontended only far thc designated reciptent{s}. ft may contain confidential or proprietary informaEion and may be subject to [he atEomcy-client privifege or other confidentialiry protections. If you are not a designated recipient, you may not review, copy or d3stribute ihis message. I£yoa receive this in error, piease notify the sender by regly e-mai� and delete this message. Thank you. From: Sent: To� Cc: Subject: Thara�c you! -Ken Ken Riley - NQAA Federal <k�en.riley@noaa.gav� Monday, Octaber f33, 2Q7.6 423 PM Wendee Smith Rogersor�, Maria A Re: FW: Permitting for High Value Bridges (HV�) fQr Cliuision 2- B-S938 and 8-5939 Kenneth Riley, Ph.D. Habitat Conservatic�n Division National Marine Fisheries S�rvice Southeast Region io� Pivers Island R�ad, Beaufort, NC 2$�i6 Office: ?�2-�28-8�So ( Cell: 2�2-864-6zg,3 � Ema�: ken.rile�� «>noaa.�ov On Mon, �ct 3, 20f 6 at 4:2i PM, W�ndee Smit�t �wsmithnsepiengineering.com> �vrote. Ken. I appreciate your call today regardin� the emaif below. As we discussed, it was noted that NCDOT will observe a moratarium from April t through September i0 far all in-water work. It �vas also noted that y�u have received no environmental documentation an the project but throu�;h our conversation it was decided that existing aerial phatography of the site would suftice in order to identify the app�•oYimate locatian c�f existing marsh. To cEarify the email belaw, this project will NQ`I' i►1�pact any coastal marsh. If you have any further need for clarifcation please don't hesitate to contact me. A�ain, 1 a}�preciate your quick response to this morning's email. Kind regards, Wendee B. Smith ��� �"'�PI ta��sac��ass c�a��ra�cr�r� Wendee B. Smith, PWS E Associate Enviro�menta! Director SEPI Engineerin� & Cc+nstructian 1025 Wade Avenue � Raleigh, NC 27G05 C�irect: 919.573.991b I CeEI: 919.?70.8430 � sepien�ineerin�.com Ca�nect tivith us: Linkedln I Tti�itter 'I Faccbook Con�identislity NoNce: This message is intended only for !he designated recipient(s). [t may contain confidential oe proprie6ary information and may be subject to the attomey-client privilege ar other confidentiality peatectians. lfyoa are not x designatad recipient, yau may no� review, copy or distribute this �nessage. Ifyou receive this in error, plexsc notifjr the sender by reply s-mail and de3ete this message. Thank you. From: Wendee Smith Sent. N[onday, October U3, 2016 1:02 FM To: stephen.lane cc,ncdenr.gc�v; thomas.a.stei�fens;c usace.arE»y�.mil; Ward, Garcy ��rcy.ward,c ncdenr.,�ov>, shane.staplesnncdenr.�;c�v; travis.wilson(a�newildlife.or�;, keE�.rile �(ci?noaa.�ov; keith.han5on�,noaa.gov Cc: Itogerson, Maria A<marr��erso�,�ncdat. 7�> c �ubject: Fermitting for High Value Bridges (HVB} far l�ivision 2- 8-�938 and B-5939 Helta Gentlemen, NCDQ�T Divi�ion 2 is preparir�g for twa bridge preservatian projects, �-5938 and B-5939 in Carteret Co�nty. Earlie�r this year, Division touched base with many af you and shared the project descriptiQn for each project as fallows: 8-5938 Carteret 5$ (Atlantic Beach Bridge): Shotcrete and concrete repairs to substructure elements. Shotcrete repairs to girders and diaphragrns. LMC {Latex Modified Concrete) deck overlay and joint replacement. • Epoxy coating of girder ends. • Fiie encapsulatian, pile wrappir�g, and /or pile jacketing. � Pre-stressed strand repair ta girder reir�forcing. • Installation of corrosion protection to girders and passibly to low water foatings �nd �iles. � Replacement of existing light poles atang structure. • Replace the Fender System B-5939 Carteret 6(Emerald [sle High Rise}. � Shatcrete and concrete repairs to �ubstructure elements • Shotcrete repairs to girders anc� diaphragms • Epoxy coating of girder ends • Pile encapsulation and pile jacketing. • Shear strengtk�ening of girders at location of drop-in span • Pre-stressed strar►d repair to girder reinforcing • Installation of corrosian protection to girders and pass�bly to low water faotings and piles • Addition of 2 bar metal rail to top of existing eoncrete rail A,fter interr�al DOT discussions and an onsite meeting to review construction methods and logistacs, it was canfirined that pile jacl�ets would be emplayed during construction. Attached is a map and list of the piles where pile jackets are plann�d on B-5939. The plan pile repair length is aniicipated to average seven feet (three feet below the tide line and two feet abave high tide); this rnay vary slightly for a variety vf possible reasons. In the B-5939 repair iocatians {figure attached) the piles that are highlighted indicat� loeations where the three feet below law tide may be close to or belaw the mudline. When reading the soundings on this figure, note that the water depth is the average of the two soundings (upstream and downstream side of the bents}, The preferred method of installation of the pile jackets could be to jet them into the subs�rate. No concrete ar repair materials would be placed belaw the mudline and the fiberglass pile jacket would be the on3y material occupying the space be1Qw the mudline {essentially a fiberglass tube fil(ed with bottom mat�rial). With regards to the proposed fender system on B-5938, it will �e installed in its current location (see the existing fend�r and proposed fender lacations on the pians atta�hed; please note the plans with tt�e proposed locatian are draft plans with certain detaiis subject to change}. It was also confirmed that construction staging could avoid impacts to existing marsh. Many efforts have been considered in �rder to avoid and minimize enviranmental impacts ta the maacimurn extent practicable. Considering proposed construction methods along with rec�mmendations received frorn you, the Division proposes to mave farward as fQllows and would gseatly apgreciate yaur guidance and any additiana! input you deem necessary sa that the permit application process Fs seamless. B-5938 Carteret 68 (Atlantic Beach} + DCM cansiders the pmposed wark as a rr�aintenance and repair of the existing structures, therefore a CAMA permit will not be required. Hawever, it was noted that the nerv/replacernent fender system must t�e constructed in the same foaiprint of the existing fender systern and not encroach into the navigatian channel. DCM also noted that BMPS would be required during all stages of canstreictian. • USACE r►oted that a PCN would be required far each bridge and wQuld include a NWF 3 and 25, and Section 10. The USACE noted that EFH/maratorium issues needed to be resolved with NCDMF before issuance. Section 10 permit • NCDWR noted that a cflrrespanding 401 WQC to compliment the USACE 404 shouldn't be an issue provided construction rnethods fal�owed s�andard prQtocal with pile jacketslencapsulation far BMP's. • WRC noted that this area is characterized by higher salinity water primarily supparting species under the jurisdiction of the NGDMF, therefore WRC deferred to NCDMF and NMFS to address aqttatic impacts. • Due to the instailatian af the fender system, NCDMF noted the potential for an April 1-September 30 moratarium based on the mapped SAV adjacent ta the project site, In tl�is guidance suggested from I'�iCDMF earlier this year, it was noted that more specific information about the extent and durati4n of in-water work wouid be needed for a final deternnination as ta whether ar not a moratgrium wfluld actually be required. B-5939 Carteret 6(Emerald Isle High Rise} • DCM considers the proposed work as a maintenance and repair of the existing structures, ther�fore a CAMA pErmit will not be reqnired. However, it was noted that the new/replacement fender system must be constructed in the same footprint of the existing fender system and nat encroach inta the navigation channeL DCM also noted that BMPS would be required during all stages af construction. • llSACE noted that a PGN would be required far each bridge and would include a I'�1WP 3 and 2S, and Section I0. The USACE nflted that EFH/rnaratorium issues needed to be resolved witki NCDMF before issuanc�. • NCDWR noted that � corresponding 401 '4VQC to complirrient the USACE 404 shouidn't be an issue provid�d construction methods followed standard prr�tocol with pile jackets/encapsulation for BMP's. • WRC noted that this area is characterized by higher salinity r�vater primarily supporting species under the jurisdiction of the I'�1CDMF, therefore WRC deferred to NCDMF arad NM�'S to addrass aquatic impacts. + Concerns from NCDMF wvere noted on B-5938 due to the installatian of the new fender system but no concerrrs were not�d for B-5939. The anticipated let date for both projects is April 2017 {bath pro�}ects will be let to the �ame contractQr). Your recommendations and input would be rriast appreciated if received na later than Monday, OctQber 10, so the Division can begin �reparing permit applicatic�r�s to meet our aggressi�e schedule. Thanks again for your guidance. Respectfully, Wendee B. Smith �� n f1�rs � � �� 4 ii�EMiCi�liG� r;�stareer��e� Vb'endee B. Smith, PW'S j Associate C.nvironmental Director 5�,P1 Eng�neerin� & ConstrtictiE�;n I O'_� �'4'ade ,avenue I R�leigh, NC: 27605 DirecC 919.i7�.�1916 � Cell: 919.�70.8d�f� � sepien�ineerin�,com Conneet with us: Linki;c�In �"T���itter � Facehonk ATTACHMENT A PRELIMIi�ARY JURISDICTIONAL �ETERAAINATIQN F�RM BACKGR��IND INFORMATION A. REPORT COMPlETION DATE FQR PREL�MINARY JURISDIGTIONI�L DETERMINATION (JD): B. NAME AND ADDRESS O� �PERSQN R�QUESTING PRELIMINARY JD: Jay 6. Joha�san. Divi�on 2- Dlvlalon Environme�rtal Qfllcar 105 Pac�olus Fiwy. {I+tC 33} P.O. Bo�c 1587, GreeaviAe, NC 27635-1587 C. DISTRICT QFFICE, FILE NAME, AND NUMBER: D. PROJECT LC?GATIflN(S) AND BACKGROUND INF�RMATION: s-se3s ca�►�at s. c.�rte�et co��,�y, rrc. (USE THE ATTAGHED TABL� TO DOCUMENT MULTIPiF WATERBODIES AT DIFFERENT SITES) State: NC eountylparishlbarough: �+�t City; Emerald Isle Center coordir�ates of sit� (latllong in degree decimal format): �at. 3d.673159 N °N; �,��g. -rP.�sosT w °W. Universal Transvers� Merrcator. �-H����-��-� ��-��-�-�� FIP9 3206 F�f Name o� nearest wa#erbody: eoa� so��d . Nc sio: za-ss-�o.s} ldentify (��tirnate) �mount vf waters in the review area: Non-wetland wat�ers: linear f�t: width �fij andfor 3•� acres. Cawardin Class: ��� Stxeam Flow: ��nisl Wetlands: � ac�es. Cowardin Class: Name of any water bodi�s on the s�te that have been identified as Section 1 D wa#ers: Tidai: �� s� NarnTidal: �A E. REVIEVII PERFQRMED FaR SITE EVALUAiION (CHECK ALL THAT APPLYj: ❑ 4ff`ice (pesk) De#enninatian. Date: � Field Determination. Date(s): SLIPPORYING DATA. Data reviawed for preliminary JD (ch�ck all that �pply - checked itema should be included in case flle and, w�i�re checked and requested, appropriat�ly re#erence saurces below): � Maps, plans, plots or plat submi�ted by �r on t�eh�lf of the appl�canUconsultant: F��re � - �ie�� � Data sheets preparsdlsubmitted by or vn beh�lf of ths ap ' ndconsultant, CNfic� c�ncurs with data sheetsldelineation report. Of�ic� does nat concur with data sheetsldelin�ation report. QData sheets prepared by the Corps: ❑ Cc�rps na�igab�e waters' study: ❑ U.S. Geological SurvEy Hydrologic A�as: ❑ USGS NHD data � USGS� 8 and 12 digit HUC maps � U.S. Geolagical Survey map(s). Cite scale $ yuad name:1_�4,OOD5wansboro, Nc QUSDA Nat�ral Resources Conservation Service Soil Survey. Citation: 19�fl4. Sot[ 3urvey of Carteret Cuurrty'. ��en c.�aa�. ❑ National wet�ands inventory► map(s}. Cite name: ❑ St�YelLvcal wetland inverrtory map(s): ❑ FEMAIFIRM maps: � 10U-year Fioodplain Elevation is: (Natianal Geadectic Vertical Datum of 1929) ✓� Photagraphs: � Aerial tName � Dat�): ESR� ��ry or � (?ther (Name � Date): � Previaus determina#ian(s). File no. and date of response letter. � C3ther informatian (ple�se specify): Z 1. The Corps of Engineers �elieves that there may be jurisdictionai waters of the Uni#ed States on the subject site, and the permit applicant or other affected party who requested this pre�iminary JD is h�reby advised of his ar her option to request and abtain an approved jurisdictional determination {JD) far that site. Nevertheless, the permi# appl�cant or other person wha reques#ed this preliminary JD has dec�ined to exercise the opt�an to obtain an approved JD in this Pnstance and �t this time, 2. In any circumstance where a permit appli�ant obtains an individual permit, or a Natianwide General Permit (NWP) or other general permit verifica#ian requiring "pre-construction notification� (PCN), or requests verification far a non-reporting NWP or otfi�er gsneral permit, and the permit ap�licaRt has not requested an appm�ed JD far the activity, the permit applicant is hereby made aware of tMe following: (1) the permit applicant has elected to se�k a permit authorization based an a prelimi�ary JD, which does not make an afficial determinatian of juriscfictional wa#ers; (2) that the applicant has the optian to request an ap�roved JD before accepting the terms and oonditions of the permit authorization, and that basing a permit authorization on an appro�ed JD couid possibly result in less compensa#ory mitigatian being required or different special condifions; (3) that the applicant has the right to request an individual permit rather than accepting #he terms and conditions of the NWP or other ger�eral permit authvrization; (4) that the applicant can accept a permit au#harizatian and thereby agree to comply wii� all the terms and aonditions of that perrrtit, induding whatever mitigation req�rirements the Corps has determined to be necessary; (5} tF�at u�dertaking any activity in reliance upan the subject permit authorization without requesting an approved JD constitutes tF�e appficanYs aoceptance of #he use of the preliminary JD, bui that either form af JD w�ll be processed as s�aon as is prac#iaable; (6) acc�epting a�ermit autharization (e.g., signing a pro�fered individual permit) ar undertaking any ac6vity in reiiance on any form of Co►ps permit authonzatian based on a�reliminary JD constitutes agreement that all wetlands and other water bodies on the si#e affected in any way by tt�at acctivity are jurisdictional waters of the United States, and precludes any challenge to suc#i jurisdictian in any administrati�e or judicial compliance or enforcement action, o� in any administrative appeal or in any Federal court; and (7} wh�:#her the �pplicant elects to use either an approved JD or a preliminary JQ, that J� will be processed as soon as is practicable. Further, an approved JD, a proffered indi�idual permit {and all terms and conditions cantained therein}, ar individual permit denial can be adrninistrativeiy ap�ealed pursuant ta 33 C.F.R. Part 331, and that in any administrative appeal, jurisdictianal issues can be raised (see 33 C.F.R. 331.5(a)(2}). I#, during khat administra�ve appeat, it beoomes necessary to rnake an official determination whether CWA jurisdiction �xrsts over a sife, or to provide an official de�ineation af jurisdictiona! waters on the site, the Corps will provide an approved JD to accomplish that result, as soon as is practicable. 3 This preliminary JD finds that there "may be" waters of the United States Qn the subject projec# si#e, and identifies all aqt�atic featur�s on #he site that cou�d be aff�cted by the proposed activity, �ased on the foll�vu�ing information; IMPORTANT NOTE: The inforrrtativn recorded on �his form has �ot nec�ssarii� been verified bv the Garps and shouid not be relied �pon for lat�r 'urisdictional determin�tions. Si�nature and date of Sfgn� � e Qf Regulatory Project Manager pers req e i g prelirninary JD (REQUIRED} (REQUIRE , nless obtair�ing the signature is impracticable} 4 8-5939 Carteret 6 Estimated amoun� of Site Latitud� l.ongi#ude �Q�ardin aquatic ����5 �'f aquatit Class resource r�source in review area 8�-5939 34.673159 -77.065027 Es#uarine 3.84 ac Sectipn 1� - tidal �ar�eret �