20060946 Ver 1_COMPLETE FILE_20060609

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• PROGRAM
RECEIPT
December 14, 2006
Steve Shriver
Dare County Planning Department
211 Budleigh Street
Manteo, NC 27954
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DEC I e 2?4?6
Project: Dare County Justice Center Phase 2 (Administration Building) s)YWR 1yl?t-yt =:ulY
County: Dare
DWQ#: 2006-0946
CAi\IA#: 20060071
COE#: 2006-32369-128 (modified November 29, 2006)
EEP #: ILF-2006-4424
Amount Paid: $27,848.00
Check Number: 129906
This receipt replaces one dated December 4, 2006. The previous receipt contained a typographical error in the
acreage amount. The North Carolina Ecosystem Enhancement Program (NCEEP) has received a check as indicated above
as payment for the compensatory mitigation requirements of the 401 Water Quality Certification/Section 404 Permit issued
for the above referenced project. This receipt serves as notification that the compensatory mitigation requirements for this
project have been satisfied. You must also comply with all other conditions of this certification and any other state, federal
or local government permits or authorization associated with this activity.
The NCEEP, by acceptance of this payment, acknowledges that the NCEEP is responsible for the compensatory mitigation
requirements associated with the project permit and agrees to provide the compensatory mitigation as specified in the permit.
The mitigation will be performed in accordance with the Memorandum of Understanding between the NC Department of
Environment and Natural Resources and the US Army Corps of Engineers dated November 4, 1998, as indicated below.
River Basin Stream Credits Wetlands Credits Buffer I Buffer II
CU (Sq. Ft.) (Sq. Fi )
Cold Cool Warm Ri arian Non-Riparian Coastal Marsh
Pasquotank 0 0 0 0 1.9 0 0 0
03010205
Please note that a payment made to the Ecosystem Enhancement Program is not reimbursable unless a request for
reimbursement is received within 12 months of the date of the receipt. Any such request must also be accompanied by letters
from the permitting agencies stating that the permit and/or authorization have been rescinded. If you have any questions or
need additional information, please contact Kelly Williams at [phone].
Sincerely,
f
William D. Gilmore, PE
Director
cc: Cyndi Karoly, Wetlands/401 Unit
Tom Steffens, USACE-Washington
Kyle Barnes, DWQ-Washington
Doug Huggett, DCM-Morehead City AFT??/?
Rato rXT.ld t ... Prot?,G?I.f?L Our State, C16E/N,R
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
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ENGINEERS S. CONSULTANTS
PO Box 331 27
RALEIGH, NC 27636
PHONE: 9 1 9-B 5 1- 1 9 1 2
FAx: 919-B51-191B
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LETTER OF TRANSMITTAL
To: Mr. Ian McMillan
NC DENR/Division of Water Quality,
Wetlands Unit
1650 Mail Service Center,
Raleigh, NC 27699-1650
Re: Dare County Justice Center, Phase 2
I am sending you the following item(s):
"' HAND DELIVER "'
2005180.00
COPIES DATE NO. DESCRIPTION
Stormwater permit, USACE IP, IP modification, and
NCEEP receipt
These are transmitted as checked below:
? As requested
? For approval
? For review and comment
Remarks:
Copy to:
Date: December 14, 2006
Job No.:
® For your use
? For Signatures
Signed:
C? G UJ D
DEC 1 5 2006
UENR - WATER QUALITY
YrETL1NDSICED STORl,f1MER BRANCH
Harold Brady
Project Biologist
oe f w a rFq Mich.iel F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
r
u; a., ).
j E Alan W. Klimek, P.E. Director
Division of Water Quality
DIVISION OF WATER QUALITY , ,,, tl 01
December 7, 2006 c,6
County of Dare
Attn: Mr. Terry Wheeler
PO Box 1000
Manteo, NC 27954
Subject: Stormwater Permit No. SW7060821
Administration Building
High Density Stormwater Project
Dare County
Dear Mr. Wheeler:
The Washington Regional Office received your stormwater
application and supporting information for the subject project on
August 29, 2006. After discussions with your consultant, Mulkey
Engineers, revisions to the plans and specifications were received
on November 27, 2006. Staff review of the plans and
specifications has determined that the project, as proposed, will
comply with the Stormwater Regulations set forth in Title 15A NCAC
2H.1000. We are forwarding Permit No. SW7060821 dated December 7,
2006 to Dare County for the construction and operation of a wet
detention pond to serve the Dare County Administration Building
located at Manteo, NC.
This permit shall be effective from the date of issuance
until December 7, 2016 and shall be subject to the conditions and
limitations as specified therein. Please pay special attention to
the Operation and Maintenance requirements in this permit.
Failure to establish an adequate system for operation and
maintenance of the stormwater management system will result in
future compliance problems.
If any parts, requirements, or limitations contained in this
permit are unacceptable, you have the right to request an
adjudicatory hearing upon written request within thirty (30) days
following receipt of this permit. This request must be in the
form of a written petition, conforming to Chapter 150B of the
North Carolina General Statutes, and filed with the Office of
Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-
7447. Unless such demands are made this permit shall be final and
binding.
North Carolina Division of Water Quality ]ntcrnct: wrvw.ncwarcrquali -or, One
943 Washington Squarc Mall Phonc [phone] NorthCarolina
Washington, NC 27889 Pas [phone] Yatrfrally,
An Equal Opportunity,'Af`irrnat,ve Action Emplcyer - 50% Recyded110% Pcst Consumer Paper
County of Dare
December 7, 2006
Page Two
If you have any questions, or need additional information
concerning this matter, please contact Bill Moore at (252) 948-
3919.
Sincerely,
7r7
?. Al odge, Regional Supervisor
Surface Water Protection Section
Washington Regional Office
cc: Doug Huggett, DCM, Morehead City, NC
Mulkey Engineers & Consultants
Dare County Planning/Inspections
Washington Regional Office
Central Files
State Stormwater Management Systems
Permit No. SW7060821
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143,
General Statutes of North Carolina as amended, and other
applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
County of Dare
Dare County
FOR THE
construction, operation and maintenance of stormwater management
systems in compliance with the provisions of 15A NCAC 2H.1000
(hereafter referred to as the "stormwater rules") and the approved
stormwater management plans and specifications and other
supporting data as attached and on file with and approved by the
Division of Water Quality and considered a part of this permit for
vegetated swales and a wet detention pond to serve the new Dare
County Administration Building located at Manteo, NC.
This permit shall be effective from the date of issuance until
December 7, 2016 and shall be subject to the following specified
conditions and limitations:
I. DESIGN STANDARDS
1. This permit is effective only with respect to the nature and
volume of stormwater described in the application and other
supporting data.
2. This stormwater system has been approved for the management
of stormwater runoff as described on page 4 of this permit,
the Project Data Sheet.
3. Approved plans and specifications for this project are
incorporated by reference and are enforceable parts of the
permit.
3
DIVISION OF WATER QUALITY
PROJECT DATA
Project Name:
Permit Number:
Location:
Applicant:
Mailing Address:
Application Date:
Receiving Stream:
Stream Classification:
Total Site Area:
Total Impervious:
Area Allowed
Pond Depth:
Required Storage Volume:
Provided Storage Volume:
Required Surface Area:
Provided Surface Area:
Controlling Orifice:
Dare County Administration
Building
SW7060821
Dare County
County of Dare
Box 1000
Manteo, NC 27954
08/29/2006; original
11/27/2006; complete
UT-Croatan Sound
SA
7.56 acres
1.32 acres
3.0 ft
10, 625 cf-
20,865 cf
4916 sf
5097 sf
1.0 - inch orifice
4
4. No homeowner/lot owner/developer shall be allowed to fill in,
alter, or pipe any vegetative practices (such as swales)
shown on the approved plans as part of the stormwater
management system without submitting a revision to the permit
and receiving approval from the Division.
5. The following items will require a modification to the
permit:
a. Any revision to the approved plans, regardless of size
b. Project name change
c. Transfer of ownership
d. Redesign or addition to the approved amount of built-
upon area
e. Further subdivision of the project area.
In addition, the Director may determine that other revisions
to the project should require a modification to the permit.
6. The Director may notify the permittee when the permitted site
does not meet one or more of the minimum requirements of the
permit. Within the time frame specified in the notice, the
permittee shall submit a written time schedule to the
Director for modifying the site to meet minimum requirements.
The permittee shall provide copies of revised plans and
certification in writing to the Director that the changes
have been made.
II. SCHEDULE OF COMPLIANCE
1. The permittee will comply with the following schedule for
construction and maintenance of the stormwater management
system.
a. The stormwater management system shall be constructed
in its entirety, vegetated and operational for its
intended use prior to the construction of any built-
upon surfaces except roads.
b. During construction, erosion shall be kept to a minimum
and any eroded areas of the system will be repaired
immediately.
2. The facilities must be properly maintained and operated at
all times. The approved Operation and Maintenance Plan must
be followed in its entirety and maintenance must occur at the
scheduled intervals.
3. The permittee shall at all times provide the operation and
maintenance necessary to assure the permitted stormwater
system functions at optimum efficiency including, but not
limited to:
5
a. Semiannual scheduled inspections (every 6 months)
b. Sediment removal
c. Mowing and revegetation of side slopes
d. Immediate repair of eroded areas
e. Maintenance of side slopes in accordance with approved
plans and specifications
f. Debris removal and unclogging of outlet structure,
orifice device and catch basins and piping.
4. Records of maintenance activities must be kept and made
available upon request to authorized personnel of DWQ. The
records will indicate the date, activity, name of person
performing the work and what actions were taken.
5. This permit shall become voidable unless the facilities are
constructed in accordance with the conditions of this permit,
the approved plans and specifications, and other supporting
data.
6. Upon completion of construction and prior to operation of
this permitted facility, a certification must be received
from an appropriate designer for the system installed
certifying that the permitted facility has been installed in
accordance with this permit, the approved plans and
specifications, and other supporting documentation. Mail the
Certification to the Washington Regional Office, 943
Washington Square Mall, Washington, North Carolina, 27889,
attention Division of Water Quality.
7. A copy of the approved plans and specifications shall be
maintained on file by the Permittee for a minimum of five
years from the date of the completion of construction.
III. GENERAL CONDITIONS
1. This permit is not transferable. In the event there is a
desire for the facilities to change ownership, or there is a
name change of the Permittee, a formal permit request must be
submitted to the Division of Water Quality accompanied by an
application fee, documentation from the parties involved, and
other supporting materials as may be appropriate. The
approval of this request will be considered on its merits and
may or may not be approved.
2. Failure to abide by the conditions and limitations contained
in this permit may subject the Permittee to enforcement
action by the Division of Water Quality, in accordance with
North Carolina General Statute 143-215.6(a) to 143-215.6(c).
3. The issuance of this permit does not preclude the Permittee
from complying with any and all statutes, rules, regulations,
or ordinances which may be imposed by other government
agencies (local, state, and federal) which have jurisdiction.
6
4. In the event that the facilities fail to perform
satisfactorily, including the creation of nuisance
conditions, the Permittee shall take immediate corrective
action, including those as may be required by this Division,
such as the construction of additional or replacement
stormwater management systems.
5. The permit may be modified, revoked and reissued or
terminated for cause. The filing of a request for a permit
modification, revocation and reissuance or termination does
not stay any permit condition.
6. At least six months prior to the expiration date, the
permittee must submit a written request to the Division of
Water Quality, Washington Regional Office, for permit
renewal.
Permit issued this the 7 th day of December, 2006.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Alan-11. Klimek, P.E. Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number SW7060821
7
Stormwater Permit No. 5497060821
Dare County Administration Building
Designer's Certification
I, as a duly
Registered Professional Engineer in the State of North Carolina, having been authorized
to observe (periodically/weekly/fulltine)
the construction of the project,
(Project)
for (Project Owner)
hereby state that to the best of my abilities, due care and diligence was used in the
observation of the project construction such that the construction was observed to be
built within substantial compliance and intent of the approved plans and specifications.
Signature
Registration Number
Date
Certification Requirements:
1. The drainage area to the system contains approximately the permitted
acreage.
2. The drainage area to the system contains no more than the permitted
amount of built-upon area.
3. All the built-upon area associated with the project is graded such that
the runoff drains to the system.
9. All roof drains are located such that the runoff is directed into the
system.
5. The outlet/bypass structure elevations are per the approved plan.
6. The outlet structure is located per the approved plans.
7. Trash rack is provided on the outlet/bypass structure.
81 All slopes are grassed with permanent vegetation.
9. Vegetated slopes are no steeper than 3:1.
10. The inlets are located per the approved plans and do not cause short-
circuiting of the system.
11. The permitted amounts of surface area and/or volume have been provided.
12. Required drawdown devices are correctly sized per the approved plans.
13. All required design depths are provided.
19. All required parts of the system are provided, such as a vegetated shelf,
and a forebay.
15. The required system dimensions are provided per the approved plans.
8
:.
i
/ it1:PLY 10
ATTENTION Oi"
Regulatory Division
DEPARTWNT OF THE ARMY
WILMINGTON DISTIUCT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON. NORTH CAROLINA 28402-1890
November 15, 2006
ORM ID SAW-2006-32369-128
Dare County Planning Department
Attention: Mr. Steve Shriver
211 Budleigh Street
Manteo, North Carolina 27954
Dear Mr. Shriver:
491 pG
Enclosed is a Department of the Army permit to fill approximately 0.95 acre of
Department of the Arnly jurisdictional waters and wetlands for the purpose of constructing
the new Dare County Administration Building located on the northwestern corner of
intersection of U.S. Highway 64 East and U.S. Highway 64 Business in Manteo, Dare
County, North Carolina. The Corps is issuing this permit in response to your written
request of May 25, 2006, and the ensuing administrative record.
Any deviation in the authorized work will likely require modification of this permit, If
a change in the authorized work is necessary, you should promptly submit revised plans to
the Corps showing the proposed changes. You may not undertake the proposed changes
until the Corps notifies you that your permit has been modified.
Carefully read your permit. The general and special conditions are important. Your
failure to comply with these conditions could result in a violation of Federal law. Certain
significant conditions require that:
a. You must complete construction before December 31, 2009.
b. You must allow representatives from this office to make periodic visits to your
worksite as deemed necessary to assure compliance with permit plans and conditions.
You must notify this office in advance as to when you intend to commence and
complete work.
-2-
You should address all questions regarding this authorization to Mr. Torn Steffens of
my Washington Regulatory Field Office staff, telephone [phone], extension 25.
Sincerely,
John E. Pulliam, Jr.
Colonel, U.S. Army
District Commander
Enclosures
Copy Furnished (with enclosures):
Chief, Source Data Unit
NOAA/National Ocean Service
ATTN: Sharon Tear N/CS261
1315 East-West Hwy., Rin 7316
Silver Spring, MD 20910-3282
Copies Furnished (with special conditions and plans):
Mr. Ronald J. Mikulak, Chief
Wetlands Regulatory Section
61 Forsyth Street
Atlanta, Georgia 30303
Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Fish and Wildlife Eifliancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of
Environment and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557
Mr. David Rackley
National Marine Fisheries Service
219 Fort Johnson Road
Charleston, South Carolina 29412-9110
Mr. Ron Sechler
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
DEPARTIMENT OF THE ARMY PE1011T
Pennittee Dare County Planning Department C/O Steve Shriver
Permit No. 2006-32369-123
Issuing Office Washington Regulatory Field Office
NOTE: The terni "you" and its derivatives, as used in this permit, means the pertnittee or any future transferee. The term "this
office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted
activity or the appropriate official of that office actutg under the authority of the commanding officer.
You are authorized to perform wort: in accordance with the terms and conditions specified below.
Project Description: The project involves the filling approximately 0.95 acres of Department of the Army jurisdictional
Nvetlands for the purpose of construction of a single building with associated parking areas.
Project Location: Project is located on the northwestern comer of the intersection of United States Highway 64 East and
United States Highway 64/264 Business in Manteo, Dare County, North Carolina.
Permit Conditions:
General Conditions:
1. The time limit for completing the work authorized ends on December 31, 2009 If you find that you need more time
to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month
before the above date is reached.
2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and
conditions of this permit. You are not relieved of this requirement if you abandon the pennitted activity, although you may
make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain
the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this
pennit from this office, which tray require restoration of the area.
3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by
this pennit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination
required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of
Historic Places.
ENG FORM 1721, Nov 36 EDITION OF SEP 82 IS OBSOLETE. (33 ('FR 325 (Appendix A.))
4. If you sell the property associated with this pennit, you must obtain the signature of the new owner in the space provided
and forward a copy of the permit to this office to validate the transfer of this authorization.
5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified
in the certification as special conditions to this pennit. For your convenience, a copy of the certification is attached if it
contains such conditions.
6. You trust allow representatives front this office to inspect the authorized activity at any time deemed necessary to ensure
that it is being or has been accomplished in accordance with the terms and conditions of your pennit,
Special Conditions:
SEE ATTACHED SPECIAL CONDITIONS
Further Information:
1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to:
( ) Section 10 of the Rivcrs and Harbors Act of 1899 (33 U.S.C. 403).
(X ) Section 404 of the Clean Water Act (33 U.S.C. 1344).
( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413).
2. Lunits of this authorization.
a. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law.
b. This pennit does not grant any property rights or exclusive privileges.
c. This permit does not authorize any injury to the property or rights of others.
d. This pennit does not authorize interference with any existing or proposed Federal project.
3. Limits of Federal Liability. Ill issuing this pennit, the Federal Government does not assume any liability for the following:
a. Damages to the permitted project or uses thereof as a result of other pennitted or unpennitted activities or from natural
causes.
b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf
of the United States in the public interest.
c. Damages to persons, property, or to other permitted or unperntittcd activities or structures caused by the activity
authorized by this permit,
d. Design or construction deficiencies associated with the permitted work.
e. Damage claims associated with any future modification, suspension, or revocation of this permit.
4. Reliance on Applicant's Data: The determination of this office that issuance of this pcnnit is not contrary to the public
interest was made in reliance on the information you provided.
5. Reevaluation of Pennit Decision. This office may reevaluate its decision on this pcnnit at any time the circumstances
warrant. Circumstances that could require a reevaluation include, but are not limited to, the following:
a. You fail to comply with the terns and conditions of this permit.
b. The information provided by you in support of your permit application proves to have been false, incomplete, or
inaccurate (See 4 above).
c. Significant new information surfaces which this office did not consider in reaching the original public interest decision.
Such a reevaluation may result in a detenmination that it is appropriate to use the suspension, modification, and revocation
procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The
referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terns
and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any
corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations
(such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the
cost.
6. Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by this permit, Unless
there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest
decision, the Corps will nonnally give favorable consideration to a request for an extension of this thue limit.
Your signatur below, as perlni e, indicates that you accept and agree to comply with the teens and conditions of this permit.
<;?M . I I - lllgl?.V'6
(PERMITTEE) Mr. Steve Shriver, Dare County Planning Department (MTE)
This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below.
(DISTRICT EArGIN ) JOHN E. PU 1 ANl, I ., COLONEL (DATE)
When the structures Vrork authorized by this permit arc still in existence at the time the property is transferred, the terns and
conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit
and the associated liabilities associated with compliance with its terms and conditions, have the transferee situt and date below.
(TRANSFEREE)
(D, I TE)
"U.S. GOVLRNMLNT PRINT,NG OFFICE: 1986. 717-41_5
SPECIAL CONDITIONS
SPECfAL CONDITIONS
MUMS ID: SAW-2006-32369-128
Dare County Administration Building
a) All work authorized by this permit must be performed in strict compliance with the attached plans, which are
a part of this permit. Any modification to these plans must be approved by the U.S. Anny Corps of Engineers
(USACE) prior to implementation.
b) 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 tune in the construction or maintenance of this
project, within waters or wetlands. This permit does not authorize temporary placement or double handling
of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to
all borrow and fill activities connected with this project.
c) Except as specified in the plans attached 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, in such a manner as to
nnpair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or
wetlands.
d) The Pernittee shall advise the Corps ur writing prior to beginning the work authorized by this permit and
again upon completion of the work authorized by this permit.
e) Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated
from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products,
organic materials (including debris from land clearing activities), or unsightly debris will not be used.
f) The Pennittee 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, shall be available at the project site during construction and maintenance
of this project
g) All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and
wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum
products or any other hazardous waste, the Permittee shall mmmediately report it to the N.C. Division of
Water Quality at [phone], Ext. 526 or [phone] and provisions of the North Carolina Oil
Pollution and Hazardous Substances Control Act will be followed.
h) This Department of the Anny permit does not obviate the need to obtain other Federal, State, or local
authorizations required by law.
i) The Pernittee shall fully abide by all conditions of the Section 401 Water Quality Certification No.3568,
dated May 2, 2006, issued by the North Carolina Division of Water Quality, which are incorporated herein by
reference.
j) The Permittee shall use appropriate sediment and erosion control practices which equal or exceed those
outlined in the most recent version of the "North Carolina Sediment and Erosion Control Planning and Design
Manual" to assure compliance with the appropriate turbidity water quality standard. Erosion and sediment
control practices must be in full compliance with all specifications governing the proper design, installation
and operation and maintenance of such Best Management Practices in order to assure compliance with the
appropriate turbidity water quality standards. Additionally, the project must remain in frill compliance with
all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter
113A Article 4).
k) Adequate sedimentation and erosion control measures must be iunplennented prior to any ground disturbing
activities to minimize impacts to downstream aquatic resources. These measures must be inspected and
maintained regularly, especially following rainfall events. All fill material must be adequately stabilized at
the earliest practicable date to prevent sediment from entering into adjacent waters or wetlands.
1) The Pennittee shall remove all sediment and erosion control measures placed in wetlands or waters, and shall
restore natural grades in those areas, prior to project completion.
m) No fill or excavation for the purposes of sedimentation and erosion control shall occur within jurisdictional
waters, including wetlands, unless it is included on the plan drawings and specifically authorized by this
permit.
n) Failure to institute and cant' out the details of these special conditions, will result in a directive to cease all
ongoing and permitted work withhn waters and/or wetlands associated with the permitted project, or such
other remedies and/or fines as the District Engineer or his authorized representatives may seek.
o) Violations 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 Pennittee's discovery of the violation.
Wetland Mitigation Conditions
p) In order to compensate for impacts to 0.95 acres of waters and wetlands, the Pennittee shall make payment to
the North Carolina Ecosystem Enhancement Program (NC EEP) in the amount determined by the NC EEP,
sufficient to perform the restoration of 1.90 acres of non-riparian wetlands within the 8 digit USGS
Hydrologic Code (HUC 03010205), located on the south side of the Albemarle Sound.
r) Construction within jurisdictional areas on the property may commence only after the Permittee has made full
payment to the NC EEP and provided a copy of the payment documentation to the U.S. Anny Corps of
Eng;uneers, and the NC EEP has provided written confirmation to the Corps that it agrees to accept
responsibility for the mitigation work in compliance with the MOU between the North Carolina Department
of Environment and Natural Resources and the United States Army Corps of Engineers, Wilmington District,
dated November 4, 1998
* *A'ote: Habitat t}pe may be described as found in Schafale and il'cakley, Classification of the Natural Communities of North
Carolina, Third Approximation, 1990; or in accordance with Cowardin, et al (1979), Classification of Metlands and
Deepnvater Habitats of the of the United States
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IN REPLY REFER TO
Regulatory Division
Action ID No. SAW-2006-32369-128
Dare County Planning Department
Attention: Mr. Steve Shriver
211 Budleigh Street
Manteo, North Carolina 27954
Dear Mr. Shriver:
November 29, 2006
.sir t
Please reference the Department of the Army (DA) individual permit issued to you
authorizing the filling of 0.95 acres of DA jurisdictional wetlands for the purpose of constructing
the new Dare County Administration Building with associated parking at (lie Dare Justice Center
located off U.S. Highway 64, adjacent to Croatan Sound, in Manteo, Dare County, North
Carolina.
The permit is hereby modified to change Special Condition p. to read as follows:
p. In order to compensate for impacts to 0.95 acres of waters and wetlands, the Permittee
shall make payment to the North Carolina Ecosystem Enhancement Program (NC EEP) in
the amount determined by the NC EEP, sufficient to perform the restoration of 1.90 acres
of non-riparian wetlands within the 8 digit USGS Hydrologic Code (HUC 03010205).
It is understood that all conditions of the original permit remain applicable and that the
expiration date is unchanged.
Sincerely,
c A t
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
Washington RegulatoryField Office
P.O. Box 1000
Washington, North Carolina 27889-1000
David M. Lekson, P.W.S.
Chief, Washington Regulatory Field Office
Copies Furnished:
Ms. Kelly Williams
NC Ecosystem Enhancement Program
1652 Mail Service Center
Raleigh, North Carolina 27699-1652
Mr. Harold Brady
Mulkey Engineers and Consultants
6750 "Tryon Road
Cary, North Carolina 27511
2
,Fooa5efl, em
acl ent
PROGRAM
RECEIPT
December 14, 2006
Steve Shriver
Dare County Planning Department
211 Budleigh Street
Manteo, NC 27954
Project: Dare County Justice Center Phase 2 (Administration Building)
County: Dare
DWQ#: 2006-0946
CANNA#: 20060071
COE#: 2006.32369-128 (modified November 29, 2006)
EEP #: ILF-2006-4424
Amount Paid: $27,848.00
Check Number : 129906
This receipt replaces one dated December 4, 2006. The previous receipt contained a typographical error in the
acreage amount. The North Carolina Ecosystem Enhancement Program (NCEEP) has received a check as indicated above
as payment for the compensatory mitigation requirements of the 401 Water Quality Certification/Section 404 Permit issued
for the above referenced project. This receipt serves as notification that the compensatory mitigation requirements for this
project have been satisfied. You must also comply with all other conditions of this certification and any other state, federal
or local government permits or authorization associated with this activity.
The NCEEP, by acceptance of this payment, acknowledges that the NCEEP is responsible for the compensatory mitigation
requirements associated with the project permit and agrees to provide the compensatory mitigation as specified in the permit.
The mitigation will be performed in accordance with the Memorandum of Understanding between the NC Department of
Environment and Natural Resources and the US Army Corps of Engineers dated November 4, 1998, as indicated below.
River Basin Stream Credits Wetlands Credits Buffer I Buffer II
CU (Sq. Ft.) (Sq. F, )
Cold Cool Warm Riparian Non-Riparian Coastal Marsh
Pasquotank 0 0 0 0 1.9 0 0 0
03010205
Please note that a payment made to the Ecosystem Enhancement Program is not reimbursable unless a request for
reimbursement is received within 12 months of the date of the receipt. Any such request must also be accompanied by letters
from the permitting agencies stating that the permit and/or authorization have been rescinded. If you have any questions or
need additional information, please contact Kelly Williams at [phone].
Sincerely,
?w William D. Gilmore, PE
Director
cc: Cyndi Karoly, Wetlands/401 Unit
Tom Steffens, USACE-Washington
Kyle Barnes, DWQ-Washington
Doug Huggett, DCM-Morehead City A
t?P.StDY ta r ... protecte ag Our state, FC"DERRA
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
MULK?
3
ENGINGEf23 S. CON:3U LTA NT3
PO Box 331 27
RALEIGH, NC 27636
PHONE: 919-BSI-1912
FAX: 919-BSI-191B
LETTER OF TRANSMITTAL
To: Mr. Ian McMillan
NC DENR/Division of Water Quality,
Wetlands Unit
1650 Mail Service Center,
Raleigh, NC 27699-1650
Re: Dare County Justice Center, Phase 2
I am sending you the following item(s):
REGULAR MAIL
2005180.00
COPIES DATE NO. DESCRIPTION
5 Request for USACE IP modification
These are transmitted as checked below:
? As requested
? For approval
? For review and comment
Remarks:
Copy to:
Date: November 30, 2006
Job No.:
® For your use
? For Signatures
Signed:
Harold Brady
Project Biologist
CSC
" - L'TY
ULT.. Li` L'
ENGINEERS & CONSULTANT0,
November 30, 2006
U.S. Army Corps of Engineers
Washington Regulatory Field Office
107 Union Drive, Suite 202
Washington, NC 27889
ATTN: Mr. Tom Steffens
Regulatory Permits Specialist
Dear Mr. Steffens,
Subject: Dare County Justice Center Administration Building - Request for Permit
Modification
The purpose of this letter is to request, on behalf of Dare County, the amendment of
United Sates Army Corps of Engineers (USACE) Individual Permit (IP) No. 2006-32369-
128. The permit authorizes 0.95 acre of impacts to federally jurisdictional wetlands
associated with the construction of the proposed Dare County Justice Center Administrative
Building and associated facilities. The project area is located on Roanoke Island near the
intersection of US Highway 64 and US Highway 264 Business in Manteo, Dare County,
North Carolina.
Communications were made with the North Carolina Ecosystem Enhancement
Program (NCEEP) immediately after issuance of the IP. This communication was
conducted to ensure that all of the general conditions and special conditions were agreeable
to all parties involved. At that time NCEEP indicated that they had an issue with Special
Condition "p", which states "In order to compensate for impacts to 0.95 acre of waters and
wetlands, the Permittee shall make payment to the North Carolina Ecosystem Enhancement
Program (NCEEP) in the amount determined by the NCEEP, sufficient to perform the
restoration of 1.90 acres of non-riparian wetlands within the USGS 8-digit hydrologic code
(HUC 03010205), located on the south side of the Albemarle Sound." NCEEP's issue
with this special condition is that the permit specifies where the compensatory mitigation
must occur on a finer level than the HUC unit. Stating that the compensatory wetland
mitigation must occur on "the south side of the Albemarle Sound" does not meet the terms
of the existing approved Memorandum of Understanding between the North Carolina
Department of Environment and Natural Resources (NCDENR) and the USACE dated
November 4, 1998. Therefore, NCEEP can not accept this project into their program with
the current wording of special condition "p".
According to our telephone discussions, this wording came directly from a
previously issued Individual Permit (Action ID: 200011238) associated with the original
construction for the Dare County Justice Center. Upon further review of the
documentation associated with this separate IP, information surfaced that the North
Carolina Wetlands Restoration Program (NCWRP) (former name of the NCEEP) had not
accepted the special condition at that time either. A request was made to the USACE by
Quible & Associates on behalf of Dare County in a letter dated June 13, 2001, to amend this
MULKEY INC. 6750 TRYON ROAD CARY, NC 27511 PO Box 331 27 RALEIrH, NC 27636 PH: 91 9-©51.191 2 FAx: [phone] WWW.MULKEYINC.COM
November 30, 2006
US Army Corps of Engineers
Mr. Tom Steffens
Page 2
special condition to essentially remove the phrase "located on the south side of the
Albemarle Sound". The USACE agreed to this modification to the IP in a letter dated July
10, 2001, signed by Mr. G. Wayne Wright, Regulatory Division Chief. Both the Quible letter
to the USACE and the USACE letter to Mr. Terry Wheeler, the Dare County Manager are
attached.
In closing, Dare County is requesting that the phrase "located on the south side of
the Albemarle Sound" be removed from Special Condition "p" and that the location of the
compensatory mitigation for impacts permitted on this site be limited to HUC unit
03010205. Approval of this request is necessary to meet the existing approved
Memorandum of Understanding between the NCDENR and the USACE dated November
4, 1998 and allow Dare County into the NCEEP program. This will allow Dare County to
meet their compensatory mitigation requirements as described in Special Condition "r" once
full payment is made to NCEEP for wetland impacts approved by the IP No. 2006-32369-
128, dated November 7, 2006.
Thank you for your attention to this urgent matter. If there are any questions or
need additional information please contact Harold Brady at [phone] or by email at
[e-mail].
Sincerely,
Harold M. Brady
Project Scientist
Mulkey, Inc.
Attachments:
Quible & Associates correspondence, dated June 13, 2001
USACE correspondence, dated July 10, 2001
NCEEP Acceptance Letter, dated May 3, 2006
NCEEP Revised Acceptance Letter, dated November 7, 2006
NCEEP Notification Letter, dated November 30, 2006
cc: Steve Shriver, Dare County Engineering
Dave Clawson, Dare County Finance Director
Ed Kerber, Heery
Joe Wynn, Heery
Kelly Williams, NCEEP
Ian McMillan, NCDWQ
Micheal Allen, Mulkey
T
6-13-01; 3:05PM;OUIBLE AND ASSOC.
4; ?; ?? 'b
Quible & Associates; P.C.
ENGINEERING • ENVIRONMENTAL SCIENCES • PLANNING
SINCE 1959
June 13, 2001
Mr. Tom Walker
US Army Corps of Engineers
PO Box 1000
Washington, NC 27889
Re: Dare County Justice Facility - Request for Permit Modification
Dear Mr. Walker:
;1 252 261 1260 .. 1/ 2
RO. Daiwa 870
ratty Hawk N027949
Phono; 252-261-3300
Fax: [phone]
PRiMPALS
Sean C. 80vb. P.E.
Joseph S. Los;Jtor. C.E.P.
Eduardo J. VddM,-o. RE.
ASSOCIATES
Dm,IdS. Neff
The purpose of this correspondence is to request, on behalf of Dare County, the amendment of
US Army Corps of Engineers (COE) Individual Permit (IP) CAID # 200011238, The permit
authorizes impacts to Department of the Army (DA) wetlands associated with the construction of
the Dare County Justice Facility. The subject property is located 660 feet northwest of the
intersection of US 64/264 and NC 345 on Roanoke Island in Dare County, North Carolina.
Based on the 6/13/01 meeting that you, Al Cole, Dare County attorney and I had in Mr. Cole's
office, the requested amendment to the IP relates to Special Condition c. That condition
specifies requirements for payment to the NC Wetlands Restoration Program for the restoration
of 5.46 acres of forested wetlands and further defines the Hydrologic Unit in which the
restoration can be located. Specifically, the condition requires that the restoration be "within the
portion of the 8-digit USQS Hydrologic Unit, HUC 03010205 located on the south side of the
Albemarle Sound." I further reference our 6/13 discussions with Mr. Ron Ferrell of the NC
Division of Water Quality (DWQ) concerning available sites on the south side of the Albemarle
Sound. He indicated that there were at least two under consideration but that there are, at
present, no approved sites in that area. He further stated that he felt that a site would be available
within the one year time frame allowed in the MOU but could not guarantee that outcome.
Therefore, Dare County requests that Special Condition c be amended to indicate that Dare .
County, in coordination with the DWQ, will make all efforts to find a site within the specified
hydrologic unit, but that if no site is available, the condition be amended to allow a site to be
utilized in HUC 03010205 without reference to a particular area within the unit.
Thank you for your attention to this information
information please contact me at 252-261-3300
1101 Ext 308.
Sincerely,
c& Ass ates, P.C.
Jose Lassiter, CEP
cc: Dare County
DWQ
If you have questions or need additional
You may also contact Mr. Cole at 252-473-
OODa5.D4 c, 1. D?-
I \
sr \ DEPARTMENT OF THE ARMY
^'I WILMINGTON DISTRICT, CORPS OF ENGINEERS
V?- P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
i rJ`J`
1Y L
IN REPLY REFER TO July 10, 2001
Regulatory Division
Action ID: 200011238
Mr. Terry Wheeler
Dare County Manager
Post Office Box 1000
Manteo, North Carolina 27945
Dear Mr. `'heeler:
Please reference the Department of the Army (DA) Permit (Action ID: 200011238) issued on
April 17, 2001, authorizing Dare County to impact 2.73 acres of DA jurisdictional wetlands to
facilitate the construction of the Dare County Justice Facility including courthouse, parking lots,
stormwater ponds and future expansion areas, located 660 feet northwest of the intersection of
U.S. 64/264 and N.C. 345, immediately north of the U.S. 64/264 Manteo Bypass bridge, adjacent
to the Croatan Sound, in Manteo, Dare County, North Carolina. Also reference the June 13,
2001, correspondence from your agent Quible and Associates Inc., requesting that Special
Condition c. Of the subject permit be modified to remove the requirement that the 5.46 acres of
wetland restoration paid for by Dare County and conducted by the North Carolina Wetlands
Restoration Program (NCWRP) within the 8-digit USGS 1-lydrologic Unit (HUC) 03010205, be
restricted to the south side of the Albemarle Sound.
The proposed modification has been coordinated with the National Marine Fisheries Service,
the United States Fish and Wildlife Service and the Environmental Protection Agency. This
coordination revealed no objections to this modification request. Therefore, Special Condition c.
is herby modified to read:
c. The Pennittce shall mitigate for 2.73 acres of unavoidable impacts to forested wetlands
associated with this project by payment to the North Carolina Wetlands Restoration Program
(NCWRP) in an amount determined by NCWRP, sufficient to perform 5.46 acres of forested
wetland restoration within the 8-digit USGS Hydrologic Unit, HUC 03010205. Construction
within wetlands shall begin only after the Permittee has made full payment to the NCWRP, and
the NCWRP has provided written confirmation to the Corps that it agrees to accept responsibility
for the mitigation work required, in compliance with the MOU between the North Carolina
Department of Environment and Natural Resources and the United States Army Corps of
Engineers, Wilmington District, dated November 4, 1998.
-2-
Please be advised that all other conditions of the original permit remain applicable and that
the expiration date is unchanged.
Thank you for your time and cooperation. Should you have questions, please contact
Mr. Tom Walker at the Washington Regulatory Field Office, telephone [phone],
extension 24.
Sincerely,
G. Wayne Wright
Chief, Regulatory Division
Copies Furnished:
Mr. William L. Cox, Chief
Wetlands Section - Region IV
Water Management Division
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of
Environment and Natural Resources
1638 Mail Service Center
Raleigh, North Carolina 27699-1638
Mr. Garland Pardue
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Lost Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Ron Sechler
National Marine Fisheries. NOAA
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
Mr. David Rackley
National Marine Fisheries, NOAA
219 Fort Johnson Road
Charleston, South Carolina 29412-9110
Mr. John Dorney
Division of Water Quality
North Carolina Department of
Environment and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Mr. Ted Sampson
Division of Coastal Management
North Carolina Department of
Environment and Natural Resources
1367 U.S. 17 South
Elizabeth City, North Carolina 27909
Mr. Joe Lassiter
Quible and Associates, P.C.
Post Office Drawer 870
Kitty Hawk, North Carolina 27949-0870
05-03-'06 15:01 FMI-DENA EEP
9197152001
.? COSjTstem
J,: Un
PROGRAM
May 3, 2006
Harold Brady
Mulkey Engineers and Consultants
6750 Tryon Road
Cary, NC 27511
Project: Dare County Justice Center, Phase 2
T-783 P02
County: Dare
U-261
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NC EEP) is willing to
accept payment for impacts associated with the above referenced project. Please note that this decision dots not assure that
the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the
applicant to contact these agencies to determine if payment to the NC EEP will be, approved.
This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404
Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send
copies of the 404/4011CAMA permits to NC EEP. Once NC EEP receives a copy of the 404 Permit and/or the 401
Certification an invoice will be issued and payment must be made.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the
following table.
River Basin Wetlands Stream Buffer Buffer
Cataloging (Acres) (Linear Feet) Zone 1 Zone 2
Unit (Sq. Ft.) (Sq. Ft.)
Riparian Non-Riparian Coastal Marsh Cold Cool Warm
Pasquotank 0 1.5 0 0 0 0 0 0
03010205
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation for the permitted impacts
up to a 2:1 ratio, (buffers, Zone 1 at a 3:1 ratio and Zone 2 at a 1.5:1 ratio). The type and amount of the compensatory
mitigation will be as specified in the Section 404 Permit and/or 401 Water Quality Certification, and/or CAMA Permit. The
mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of
Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Chris Mankoff at [phone].
incerely,
FA's
illiam D. Gilmore, PE
Director
ce: Cyndi Karoly, Wetlands/401 Unit
Tom Steffens, USAGE-Washington
Kyle Barns, D'4'V'Q-Washington
Doug Huggett, DCM-Morehead City
File
DYLK?...'E... Protwe Gt j Ou'r Stag
OUR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www,nceep.net
11-03-'06 16:57 FFOM- T-342 P002 F-738
- Cos stem . .
PROGRAM
Revised Acceptance
November 7, 2006
Harold Brady
Mulkey Engineers.and Consultants
6750 Tryon Road
Cary, NC 27511
Project: Dare County Justice Center, Phase 2 County: Darc
This acceptance letter replaces a previous one dated May 3, 2006. The purpose of this letter is to notify you that the
North Carolina Ecosystem Enhancement Program (NC EEP) is willing to accept payment for impacts associated with the
above referenced project. Please note that this decision does not assure that the payment will be approved by the pernut
issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact these agencies to
determine if payment to the NC EEP will be approved.
This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404
Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send
copies of the 404/401/CAMA permits to NC EEP. Once NC EEP receives a copy of the 404 Pernut and/or the 401
Certification an invoice will be issued and payment must be made.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the
following table.
River Basin Wetlands Stream Buffer Buffer
Cataloging (Acres) (Linear Feet) Zone 1 Zone 2
Unit (Sq. Ft.) (Sq. Ft.)
Riparian Non-Riparian Coastal Marsh Cold Cool Warm
Pasquotank 0 1.5 0 0 0 0 0 0
03010205
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation for the permitted impacts
up to a 2:1 ratio, (buffers, Zone 1 at a 3:1 ratio and Zone 2 at a 1.5:1 ratio). The type and amount of the compensatory
mitigation will be as specified in the Section 404 Permit and/or 401 'dater Quality Certification, and/or LAMA Permit. The
mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of
Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1995.
If you have any questions or need additional information, please contact Kelly Williams at [phone].
Sincerely,
William D. Gilmore, PE
Director
cc: Cyndi Karoly, Wetlands/401 Unit
Totn Steffens, USAGE-Washington
Kyle Barnes, DWQ-Washington
Doug Huggett, DCM-Morehead City
RP.StDY ... h 2GU2Gl,>c ... I'YDtece Oar Stat&
RCC+DENR
North Carolina Ecosystom Enhancement Program, 1652 Mail Servica CEntcr, Raleigh, NC 27699-1 652 / 91 9-715.0476 /www.nccep.net
Y
co stem
._tz .. If e ?zO
PROGRAM
November 30, 2006
Harold Brady
Mulkey Engineers and Consultants
6750 Tryon Road
Cary, NC 27511
Project: Dare County Justice Center, Phase 2 County: Dare
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is unable
accept the permit conditions associated with the compensatory mitigation for above referenced project. NCEEP will not
provide mitigation south of the Albemarle Sound as specified in the 404 permit (Action ID: 2006-32369-128, special
condition 'p'). As stated in our acceptance letter dated November 7, 2006, NCEEP is willing to accept payment for impacts
up to 1.5 acres of non-riparian wetlands associated with the project in accordance with the Memorandum of Understanding
between the N. C. Department of Environment and Natural Resources and the U. S. Army Corps of Engineers dated
November 4, 1998. The mitigation will take place in the Pasquotank river basin in cataloging unit 03010205.
Please contact the USACE to request modification to the permit conditions. If you have any questions or need additional
information or assistance, please contact Kelly Williams at [phone].
Sincerely,
ze;e
William D. Gilmore, PE
Director
cc: Cyndi Karoly, Wetlands/401 Unit
Tom Steffens, USACE-Washington
Kyle Barnes, DWQ-Washington
Doug Huggctt, DCM-Morehead City
File
Rector... E .. Prot" Our Stag
AMA
wDE-IR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
Y
Ecos stem
PROGRAM
Revised Acceptance
November 7, 2006
F@[R0W1'4 D
NOV 1 5 2006
DENR - WATER QUALITY
Harold Brady ?YE W
DS AND STOrWWATER BRA14CH
Mulkey Engineers and Consultants
6750 Tryon Road
Cary, NC 27511
Project: Dare County Justice Center, Phase 2 County: Dare
This acceptance letter replaces a previous one dated May 3, 2006. The purpose of this letter is to notify you that the
North Carolina Ecosystem Enhancement Program (NC EEP) is willing to accept payment for impacts associated with the
above referenced project. Please note that this decision does not assure that the payment will be approved by the permit
issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact these agencies to
determine if payment to the NC EEP will be approved.
This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404
Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send
copies of the 404/401/CAMA permits to NC EEP. Once NC EEP receives a copy of the 404 Permit and/or the 401
Certification an invoice will be issued and payment must be made.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the
following table.
River Basin Wetlands Stream Buffer Buffer
Cataloging (Acres) (Linear Feet) Zone 1 Zone 2
Unit
(Sq. Ft.)
(Sq. Ft.)
Riparian Non-Riparian Coastal Marsh Cold Cool Warm
Pasquotank 0 1.5 0 0 0 0 0 0
03010205
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation for the permitted impacts
up to a 2:1 ratio, (buffers, Zone 1 at a 3:1 ratio and Zone 2 at a 1.5:1 ratio). The type and amount of the compensatory
mitigation will be as specified in the Section 404 Permit and/or 401 Water Quality Certification, and/or CAMA Permit. The
mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of
Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Kelly Williams at [phone].
Sincerely,
William D. Gilmore, PE
Director
cc: Cyndi Karoly, Wetlands/401 Unit
Tom Steffens, USACE-Washington
Kyle Barnes, DWQ-Washington
Doug Huggett, DCM-Morehead City
RP.StOI?G ... F ... Prot" oar Stat& 406ENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
UUll%b?
ENGINEERS .,. CONOULTANTS
PO Box 331 27
RALEIGH, NC 27636
PHONE: [phone]
FAx: 919-B51-1918
LETTER OF TRANSMITTAL
To: Ms. Cynthia Van Der Wiele, PhD Date: September 8, 2006
NC DENR/Division of Water Quality,
Wetlands Unit
1650 Mail Service Center,
Raleigh, NC 27699-1650 HAND DELIVER
Re: Dare County Justice Center, Phase 2
Final Stormwater Plan
Job No.:
2005180.00
am sending you the following item(s):
COPIES DATE NO. DESCRIPTION
1 Final Stormwater Plan for the Dare Government Center
Administration Building

These are transmitted as checked below:
? As requested
? For approval ?
? For review and comment ?
Remarks:
Cynthia,
For your use
For Signatures
Attached is the Dare County Government Center final Stormwater Plan for the proposed
Administration Building. The NCDWQ # is 060946. According to Ian McMillan, a conditional 401
certificate was issued today for the project. The condition was based upon approval of the
Stormwater Plan for the project; however, we need a Stormwater Plan approval to move forward
with receiving NCDCM and USACE approval.
u have any questions concerning this Stormwater Plan you can contact Harold Brady @ 858-
or Mike Allen , PE @ 858-1888.
u, D ?trz,
Q
p, 2006
SEp
pENR - WATER QUALITY
YdETWdpS NjD STC;?}tMdATf R BRANCH
OFFICE USE ONLY
Date Received Fee Paid Permit Number
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
This form may be photocopied for use as an original
1. GENERAL INFORMATION
1. Applicants name (specify the name of the corporation, individual, etc. who owns the project):
2. Print Owner/Signing Official's name and title (person legally responsible for facility and compliance):
Pa g i[> &-AvJ5or-1 VJFcq T MAriA6EVA2i eEcTog- aF ReE Co
3. Mailing Address for person listed in item 2 above:
PO Fx I o0O
City: Mt,. TEo State: r?L zip: 2`19Sy
Telephone Number: (7 S2 ) W ??- S `] 30
4. Project Name (subdivision, facility, or establishment name - should be consistent with project name on plans,
specifications, letters, operation and maintenance agreements, etc.):
DARE (ofjt rrl? ADM.it,-1iS 12Xrtior.1 Ruw_DiNaL4
5. Location of Project (street address):
9b2- MAt.SuAL G r_zLL,,15 De.
City: IV?C?rs I Ev County: b??E
6. Directions to project (from nearest major intersection):
INTeP_5E(_r1o l oK e,LD (c"7 /Z(, -( AL,-A D NE.,.1 [o 14
7. Latitude: N 35-055'7-1," Longitude: W -18 * 39, SZ " of project
8. Contact person who can answer questions about the project:
Name: M tG J4AF C- Q LLE t-l Telephone Number: ( 919 ) BSS - I S 88
II. PERMIT INFORMATION:
1. Specify whether project is (check one): V New Renewal Modification
Form S\W-101 Version 3.99 Page 1 of 4 u ?S D
D
SEP 8 2006
VDENR - WATER QUALITY
2. If this application is being submitted as the result of a renewal or modification to an existing permit, list the
existing permit number and its issue date (if known)
3. Specify the type of project (check one):
_ _Low Density High Density Redevelop General Permit Other
4. Additional Project Requirements (check applicable blanks):
_ _CAMA Major •/ Sedimentation/Erosion Control _404/401 Permit _NPDES Stormwater
Information on required state permits can be obtained by contacting the Customer Service Center at
1-877-623-6748.
III. PROJECT INFORMATION
1. In the space provided below, summarize how stormwater will be treated. Also attach a detailed narrative
(one to two pages) describing stormwater management for the project.
STC?'??JATr? tilll,L gE QdyT?? T? A ?1?oPc-IsED ?Ei ?tF Gilyn?
3A.-s,r?t X02 TY?aiiy?Er?-r A+?D ?_LE?•sE
2. Stormwater runoff from this project drains to the PASQ0oT4N\41 River basin.
3. Total Project Area: -7. 5- 6 acres
4. Project Built Upon Area: 2 5 %
5. How many drainage areas does the project have?,
6. Complete the following information for each drainage area. If there are more than two drainage areas in the
project, attach an additional sheet with the information for each area provided in the same format as below.
Basin Information Drainage Area 1 Drainage Area 2
Receiving Stream Name CP1.ATA 4 5.14
Receiving Stream Class Jta •
Drainage Area Z I. Q p?p?s F
Existing Impervious* Area
Z Z I 75F
qzypCZP5
Proposed Impervious*Area , 9DACZ 76- LA sfe
% Impervious* Area (total) '31 . Q 9
Impervious* Surface Area Drainage Area 1 Drainage Area 2
On-site Buildings Ae-1Z5 5 557, 15 F
On-site Streets A 2E 5 5LI Z5 F
On-site Parking ?j .9 AG-E-5 - 0' L SS
On-site Sidewalks AGZ6 5 13, 931 5F
Other on-site
Off-site
Total: `1l ?L 2?? Ol s!= Total:
* Impervious area is defined as the built upon area including,'but not limited to, buildings, roads, parking areas,
sidewalks, gravel areas, etc.
Form SNVU-101 Version 3.99 Page 2 of 4
7. How was the off-site impervious area listed above derived? ?i1L-IrG? I SoQyFV Irl MICPnSTI'mo"
IV. DEED RESTRICTIONS AND PROTECTIVE COVENANTS
The following italicized deed restrictions and protective covenants are required to be recorded for all
subdivisions, outparcels and future development prior to the sale of any lot. If lot sizes vary significantly, a table
listing each lot number, size and the allowable built-upon area for each lot must be provided as an attachment.
1. The following covenants are intended to ensure ongoing compliance with state stormwater management permit number
as issued by the Division of Water Quality. These covenants may not be
changed or deleted without the consent of the State.
2. No more than square feet of any lot shall be covered by structures or impervious materials.
Impervious materials include asphalt, gravel, concrete, brick, stone, slate or similar material but do not include wood
decking or the water surface of swimming pools.
3. Swales shall not be filled in, piped, or altered except as necessary to provide driveway crossings.
4. Built-upon area in excess of the permitted amount requires a state stormwater management permit modification prior to
construction.
5. All permitted runoff from outparcels or future development shall be directed into the permitted stormwater control
system. These connections to the stormwater control system shall be performed in a manner that maintains the integrity
and performance of the system as permitted.
By your signature below, you certify that the recorded deed restrictions and protective covenants for this project
shall include all the applicable items required above, that the covenants will be binding on all parties and persons
claiming under them, that they will run with the land, that the required covenants cannot be changed or deleted
without concurrence from the State, and that they will be recorded prior to the sale of any lot.
V. SUPPLEMENT FORMS
The applicable state stormwater management permit supplement form(s) listed below must be submitted for each
BMP specified for this project. Contact the Stormwater and General Permits Unit at [phone] for the status
and availability of these forms.
Form SWU-102
Form SWU-103
Form SWU-104
Form SWU-105
Form SWU-106
Form SWU-107
Form SWU-108
Form SWU-109
Wet Detention Basin Supplement
Infiltration Basin Supplement
Low Density Supplement
Curb Outlet System Supplement
Off-Site System Supplement
Underground Infiltration Trench Supplement
Neuse River Basin Supplement
Innovative Best Management Practice Supplement
Fonn SWU-101 Version 3.99 Page 3 of 4
VI. SUBMITTAL REQUIREMENTS
Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ).
A complete package includes all of the items listed below. The complete application package should be
submitted to the appropriate DWQ Regional Office.
1. Please indicate that you have provided the following required information by initialing in the space provided
next to each item.
Initials
• Original and one copy of the Stormwater Management Permit Application Form MDA
• One copy of the applicable Supplement Form(s) for each BMP MD A
• Permit application processing fee of $420 (payable to NCDENR) /Jt DA
• Detailed narrative description of stormwater treatment/management PA DA
Two copies of plans and specifications, including: mPA
Development/ Project name
Engineer and firm
-Legend
North arrow
Scale
Revision number & date
Mean high water line
Dimensioned property/project boundary
Location map with named streets or NCSR numbers
Original contours, proposed contours, spot elevations, finished floor elevations
Details of roads, drainage features, collection systems, and stormwater control measures
Wetlands delineated, or a note on plans that none exist
Existing drainage (including off-site), drainage easements, pipe sizes, runoff calculations
Drainage areas delineated
Vegetated buffers (where required)
VII. AGENT AUTHORIZATION
If you wish to designate authority to another individual or firm so that they may provide information on your
behalf, please complete this section.
Designated agent (individual or firm): MULKEY er1Lr1HEFPS ?or15v????'S
Mailing Address: / C0-1 SO ?RYo?.I Qo/?P
City: GD?Q`i State: NL Zip: Z?i
Phone: ( 919 ) 651- 19 12.
Fax: ( 9 1'( ) 051-1918
VIII. APPLICANT'S CERTIFICATION
I, (print or type name of person listed in General Information, item 2) RAV I D L. L?\n/Snt_J
certify that the information included on this permit application form is, to the best of my knowledge, correct and
that the project will be constructed in conformance with the approved plans, that the required deed restrictions
and protective covenants will be recorded, and that the proposed project complies with the requirements of 15A
NCAC 21-1.1000. Signature: ?'t"-" UL? Date: g I `? 0
Form SWU-101 Version 3.99 Page 4 of 4
Permit No.
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
(to be provided by D JVQ)
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
WET DETENTION BASIN SUPPLEMENT
This form may be photocopied for use as an original
DWQ Stormwater Management Plan Review:
A complete stormwater management plan submittal includes an application form, a wet detention basin
supplement for each basin, design calculations, and plans and specifications showing all basin and outlet
structure details.
1. PROJECT INFORMATION
Project Name: FAZE ??r4-7( A1Plu1t415T12An0--A 13vILDIt_44
Contact Person: M k 6.44 E L QU9rJ Phone Number: (919 )255-1352)
For projects with multiple basins, specify which basin this worksheet applies to:
elevations
Basin Bottom Elevation -' 3 ft. (floor of the basin)
Permanent Pool Elevation D ft. (elevation of the orifice)
Temporary Pool Elevation 3 ft. (elevation of the discharge structure overflow)
areas
y 9 g
6
Permanent Pool Surface Area P sq. ft. (water surface area at the orifice elevation)
Drainage Area 95 ac. (on-site and off-site drainage to the basin)
Impervious Area I • D ac. (on-site and off-site drainage to the basin)

volumes
Permanent Pool Volume 13 OZ cu. ft. (combined volume of main basin and forebay)
Temporary Pool Volume 2? Z cu. ft. (volume detained above the permanent pool)
Forebay Volume 2 ?O cu. ft. (approximately 20% of total volume)

Other parameters
SA/DA1 (surface area to drainage area ratio from DTFQ table)
Diameter of Orifice (Z? I in. (2 to S day temporary pool draw-down required)
Design Rainfall I • 5 in.
Design TSS Removal 2 % (minimum 85% required)
Fonn SWU-102 Rev 3.99 Page 1 of 4
Footnotes:
When using the Division SA/DA tables, the correct SA/DA ratio for permanent pool sizing should be computed based upon the
actual impervious % and permanent pool depth. Linear interpolation should be employed to determine the correct value for non-
standard table entries.
In the 20 coastal counties, the requirement for a vegetative filter may be waived if the wet detention basin is designed to provide
90% TSS removal. The NCDENR BMP manual provides design tables for both 85% TSS removal and 90% TSS removal.
II. REQUIRED ITEMS CHECKLIST
The following checklist outlines design requirements per the Stormwater Best Management Practices Manual
(N.C. Department of Environment, Health and Natural Resources, February 1999) and Administrative Code
Section: 15 A NCAC 2H .1008.
Initial in the space provided to indicate the following design requirements have been met and supporting
documentation is attached. If the applicant has designated an agent in the Stormwater Management Permit
Application Form, the agent may initial below. If a requirement has not been met, attach justification.
Applicants Initials
Y& DA- a. The permanent pool depth is between 3 and 6 feet (required minimum of 3 feet).
K&D Q b. The forebay volume is approximately equal to 20% of the basin volume.
?VtD Vc
"DA
c. The temporary pool controls runoff from the design storm event.
d. The temporary pool draws down in 2 to 5 days.
NA e. If required, a 30-foot vegetative filter is provided at the outlet (include non-erosive flow
calculations)
"64, f. The basin length to width ratio is greater than 3:1.
V"Dx g. The basin side slopes above the permanent pool are no steeper than 3:1.
w'DQ h. A submerged and vegetated perimeter shelf with a slope of 6:1 or less (show detail).
?ntiD? i. Vegetative cover above the permanent pool elevation is specified.
,ntiQ A j. A trash rack or similar device is provided for both the overflow and orifice.
w? DAB k. A recorded drainage easement is provided for each basin including access to nearest right-
of-way.
N' D Pr 1. If the basin is used for sediment and erosion control during construction, clean out of the
basin is specified prior to use as a wet detention basin.
rv.OA m. A mechanism is specified which will drain the basin for maintenance or an emergency.
III. WET DETENTION BASIN OPERATION AND MAINTENANCE AGREEMENT
The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the
vegetated filter if one is provided.
This system (check ogre) 0 does oes n incorporate a vegetated filter at the outlet.
This system (check one) 0 does 0 does not incorporate pretreatment other than a forebay.
Form SWU-102 Rev 3.99 Page 2 of 4
Maintenance activities shall be performed as follows:
1. After every significant runoff producing rainfall event and at least monthly:
a. Inspect the wet detention basin system for sediment accumulation, erosion, trash accumulation,
vegetated cover, and general condition.
b. Check and clear the orifice of any obstructions such that drawdown of the temporary pool occurs within
2 to 5 days as designed.
2. Repair eroded areas immediately, re-seed as necessary to maintain good vegetative cover, mow vegetative
cover to maintain a maximum height of six inches, and remove trash as needed.
3. Inspect and repair the collection system (i.e. catch basins, piping, swales, riprap, etc.) quarterly to maintain
proper functioning.
4. Remove accumulated sediment from the wet detention basin system semi-annually or when depth is
reduced to 75% of the original design depth (see diagram below). Removed sediment shall be disposed of
in an appropriate manner and shall be handled in a manner that will not adversely impact water quality (i.e.
stockpiling near a wet detention basin or stream, etc.).
The measuring device used to detennine the sediment elevation shall be such that it will give an accurate
depth reading and not readily penetrate into accumulated sediments.
When the permanent pool depth reads -Z 25 feet in the main pond, the sediment shall be removed.
When the permanent pool depth reads - I.5 feet in the forebay, the sediment shall be removed.
BASIN DIAGRAM
(fill in the blanks)
0 Permanent Pool Elevation D
Sediment Ren oval El. _ s 75 o °
________________ Sediment Removal Elevation -Z.ZS 75/0
Bottom Ele ation - 2 % -- ----------------------------------------------------
.m.
Elevation `3 25%
FOREBAY MAIN POND
5. Remove cattails and other indigenous wetland plants when they cover 50% of the basin surface. These
plants shall be encouraged to grow along the vegetated shelf and forebay berm.
6. If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through
the emergency drain shall be minimized to the maximum extent practical.
Form SWU-102 Rev 3.99 Page 3 of 4
7. All components of the wet detention basin system shall be maintained in good working order.
I acknowledge and agree by my signature below that I am responsible for the performance of the seven
maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any
changes to the system or responsible party.
Print name: VA."11 D G L A'w 501
Title: PQo-sEGi MtwNaL,F-P / P12EcjoR of Fr"pt-jGE PAI?-E Co.
Address: F. O. ?dx Iooo
Phone: 252- y75- 5-73o
Signature:
Date: Y o
Note: The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a
resident of the subdivision has been named the president.
I, s, i/11 F • a i I)i Cm:s , a Notary Public for the State of NArAh
County of ,1) 1-er , do hereby certify that I2UlCj C /Q(.UtiQq
personally appeared before me this Q4 ?A day of1066 , and acknowledge the due
execution of the forgoing wet detention basin maintenance requirements. Witness my hand and official seal,
111144
NO B ~U> O
C©e otl `?,.
SEAL
?-? ? . ?(..)u? ono
1Vt? I ?b?l ?J
My commission expires 11 -a112 -08
Form SN U-102 Rev 3.99 Page 4 of 4
G?'C= a
.N51NRE? ZONSULTANT5
Stormwater Management Report
Administration Building
County of Dare
1
Located in
Manteo, North Carolina
eo?o 0;139131 0,
P
2..
Prepared by
Mulkey Engineers & Consultants, Inc.
Post Office Box 33127
Raleigh, North Carolina 27636-3127
Telephone Number [phone]
Fax Number [phone]
MULKEY INC. 6750 TR " Pn n Ca Y. NC 27511 PO Flax 33127 iRALEIUH. NO 27636 PH: 919-051-1912 FAX: [phone] W .MULKEYINC.="
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20
The capability subclass is Vlw. Based on loblolly pine
as the indicator species, the ordination symbol is 9W.
JoA-Johns loamy sand, 0 to 2 percent slopes.
This nearly level, moderately well drained and
somewhat poorly drained soil is on low, smooth ridges
on Roanoke Island and in Manns Harbor. The smaller
mapped areas are commonly oval, and the larger areas
are irregular in shape. The size of the areas ranges
from 3 to about 100 acres.
Typically, the surface is covered with 3 inches of
partially decomposed needles, leaves, and twigs. The
surface layer is very dark gray loamy sand about 4
inches thick. The subsurface layer is gray loamy sand
about 4 inches thick. The upper part of the subsoil is
very dark brown loamy sand about 5 inches thick. The
rest is about 13 inches thick. It is yellowish brown
sandy loam in the upper part and yellowish brown
sandy clay loam in the lower part. The underlying
material to a depth of 72 inches is sand. It is light
yellowish brown in the upper part, very pale brown in
the next part, and light brownish gray in the lower part.
Permeability is moderate to rapid. The soil is very
strongly acid or strongly acid. The seasonal high water
table is 1.5 to 3.0 feet below the surface.
Included with this soil in mapping are small areas of
Baymeade and Icaria soils. Baymeade soils are on the
slightly higher knolls. Icaria soils are in slight
depressions. The included soils make up about 10
percent of the map unit.
The Johns soil is used mainly as woodland. The
dominant vegetation is loblolly pine, sweetgum,
persimmon, live oak, and water oak. Wetness is the
main limitation affecting woodland.
The Johns soil in Dare County generally is not used
for agriculture because of the lack of active farming on
Roanoke Island and in Manns Harbor. Wetness is the
main limitation affecting farming.
The main limitation affecting urban and recreational
uses is wetness. Also, the soil is too sandy for some
urban uses. The wetness can be reduced by installing
perforated drain tile, drainage ditches, or a combination
of the two systems.
The capability subclass is Ilw. Based on loblolly pine
as the indicator species, the woodland ordination
symbol is 9W.
LeA-Leon fine sand, 0 to 2 percent slopes, rarely
flooded. This nearly level, poorly drained soil is on
Roanoke Island and in Manns Harbor. It is on flats and
in slight depressions. Mapped areas are irregular in
shape and range from 5 to 50 acres in size.
Typically, the surface layer is dark gray fine sand
about 7 inches thick. The subsurface layer is light gray
Soil Survey
sand about 8 inches thick. The subsoil is sand about 8
inches thick. It is dark brown in the upper part and dark
reddish brown in the lower part. The underlying material
to a depth of 72 inches is gray sand.
Permeability is moderate to rapid. This soil ranges
from extremely acid to strongly acid throughout. The
seasonal high water table is at or near the surface. The
soil is subject to rare flooding.
Included with this soil in mapping are small areas of
Icaria soils and areas of soils that have a dark surface
layer more than 10 inches thick. The included soils are
in landscape positions similar to those of the Leon soil.
They make up about 10 percent of the map unit.
The Leon soil in Dare County generally is not used
for agricultural purposes. Wetness, flooding, and a
scarcity of adequate drainage outlets are the primary
limitations affecting agricultural uses.
This soil is used as woodland. Loblolly pine, live oak,
and water oak are the dominant species. The most
common understory plants are waxmyrtle, fetterbush
lyonia, gallberry, and American holly. Wetness in winter
is a limitation; however, this soil is droughty during the
growing season.
The main limitations affecting urban and recreational
uses are wetness, flooding, seepage, and the sandy
texture.
The capability subclass is IVw. Based on loblolly pine
as the indicator species, the woodland ordination
symbol is 7W.
NeC-Newhan fine sand, 0 to 10 percent slopes.
This excessively drained soil is on dunes on the Outer
Banks. It commonly is adjacent to the Beaches-Newhan
complex. It is within the salt-spray zone and supports
salt-tolerant vegetation. Mapped areas are elongated
and range from 2 to 1,300 acres in size.
Typically, the surface layer is light brownish gray fine
sand about 2 inches thick. The underlying material to a
depth of 80 inches is fine sand. It is light yellowish
brown in the upper part and very pale brown in the
lower part.
Permeability is very rapid. The soil ranges from
moderately acid to mildly alkaline. The seasonal high
water table is more than 6 feet below the surface.
Included with this soil in mapping are small areas of
Duckston and Corolla soils. These soils are in the
lower, wetter troughs or depressions. They are common
throughout the map unit. They make up 10 to 15
percent of the map unit.
Most areas of the Newhan soil are covered with salt-
tolerant grasses and shrubs. Some areas are used as
sites for beach cottages, for recreational development,
or as wildlife habitat.
This soil is not used for farming or commercial tree
FLOW FOR CIRCULAR PIPE FLOWING FULL
BASED ON MANNING'S EQUATION n=0.012
6
5000
4000
3000
2000
1000
800
600
500
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300,
200
0
o 100
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.02 .03.04.05 .1 .2 ' .3 .4.5.6 .8 1 2 3 4 5 6 810
SLOPE OF PIPE IN FEET PER 100 FEET
Appet:dices
---TT
20
10
0
Discharge (ft3/sec)
j -- T51 P e- J(25
Curves may not be extrapolated.
Figure 8.06a Design of outlet protection protection from a round pipe flowing full, minimum tailwater condition (TW < 0.5 diameter).
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Project Title: Dare County-Admin Building Project Engineer. Mulkey Engineers & Consultants
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05/22/06 06:02:36 PM Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 [phone] Page 1 of 1

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DROP INLET
3.75
FINISHED GRADE
3" OF CRUSHED GRAVEL
SANDY PLANTING SOIIJ
ORGANIC SOIL
4' MIN
3.25
3.00
-1.00
SAND
1' MIN
-2.00
GEOTEXTILE FABRIC
CROSS-SECTION
OF BIORETENTION
LAYERS

NOTE:
1. CONTRACTOR TO FIELD VERIFY THE EXISTING PIPE'S
INVERTS AND TIE INVERTS. CONTRACTOR MAY ADJUST INVERTS
AS NESSARY TO PROMOTE POSITIVE FLOW OUT OF SYSTEM.
2. SLOPES MUST BE STABILIZED BEFORE INSTALLATION OF THE CRUSHED
STONE AND REMOVAL OF INLET PROTECTION TO DRAIN SYSTEM.
3. ALL SEDIMENT AND EROSION CONTROL PRACTICES SHALL BE IN
PLACE AND THE SLOPES DRAINING TO THE DETENTION AREAS SHALL
BE STABILIZED BEFORE CONSTRUCTION OF THE DETENTION AREAS BEGINS.
4. CRUSHED STONE SHOULD BE UNIFORMLY APPLIED APPROXIMATELY
3" IN DEPTH. MUST BE WELLAGED, UNIFORM IN COLOR, AND FREE
OF FOREIGN MATERIAL.
6. PLANTING SOILS FOR THE BIORETENTION AREA SHOULD BE SANDY
LOAM OR LOAM TEXTURE WITH 5% CLAY AND 35% SAND. ENGINEERING
LOAMY SAND FILL SHALL HAVE A MINIMUM IN PLACE, SATURATED,
INFILRATION RATE OF 6 INCHES PER HOUR PER SQUARE FOOT. PLANTING
SOIL SHOULD HAVE A pH OF 5.5-6.5,1.5-3.0% ORGANIC MATTER, 35 LBS/AC
Mg, 100 LBS/AC P20s, 85 LBS/AC K20, AND SOLUBLE SALT NOT TO EXCEED
500 ppm.
7. SAND SHALL BE FREE OF DELETERIOUS MATERIAL AND ROCKS
GREATE THAN 1" DIA.
THE FABRIC OVER THE TOP WILL PROTECT THE MEDIA UNTIL THE SITE
HAS STABILIZED COMPLETELY.
i
r

Figure 8. Parking Edge and Perimeter Without Curb, From Prince George's Co. 1993.
A'
TOP OF LIMIT OF
VEGETATED BERM DISTURBANCE
/ G .PARING
TREES
LIMIT SHRUBS
MIN.
V
\ NABS SUF==R_

GROUND COVER OR
MULCH LAYER
JA
PLAN VIEW
(NC- TO SCALE)
MAX. ?ONDED'
WATER DEPTH
-
SHEET FLOW (6 INC-S)
GRASS 1
BUFF=R
LIMIT OF
PAVEMENT
PLANTING SOIL--\
1
BIORE ENTION
/ AREA LIMIT
7777
- EXISTING EDG=
OF PAVEMENT
ROUND COVER OR
MU_C- LAY=?
4' MIN.
3:1 MAX.
-1 (TYPICAL)
I "i r7iJi?/?)%JflT' rA/iYH%/f?n.
1' MIN. SAND E_]
(TYPICAL) `-- IN-SITU MATERIAL
?-?--- BIORETENT10N AREA -?{

Table 4.4 RECOMMENDED PLANT SPECIES FOR USE IN BIORETENTION --- TREE SPECIES -
-
Species Moisture Regime Tolerance Morphology
T General
Characteristics
Scientific Name Indicator Habitat Ponding Salt Oil/ Metals Insects Exposure Form Height Root Native Wildlife
Common Name Status Grease System
Acer rubrum FAC Mestcc - 4-6 H H H H Partial Sun Single to multi- 50-70' Shallow Yes High
red maple H dric stem tree
Amclanchier canodensis FAC Mesic 2-4 H M H Partial Sun Single to multi- 30-50' Shallow Yes High
shadbrush . stem tree
Betida nigra FACW Mesic to 4-6 M M H Partial Sun Single to multi- 50-75' Shallow Yes Med.
river birch H dric stem tree
Benda populifolia FAC Xeric- 4-6 H H bl H Partial Sun Single to multi- 35-50' Shallow Yes High
gray birch H dric stem tree to deep
Fraxinus americona FAC Mesic 2-4 Ivl H H H Sun Large tree 50-80' Deep Yes Low
while ash
Fraxinus pennsylvanica FACW Mesic 4-6 M H H H Partial Sun Large tree 40-65' Shallow Yes Low
teen ash to dee
Ginkgo biloba FAC Mesic 2-4 H H H H Sun Large tree 50-80' Shallow No Low
Maidenhair tree to deep
Gleditsia rriocanthos FAC Mesic 2-4 H M - M Sun Small canopied 50-75' Shallow Yess Low
honeylocust large tree to deep
to root
lunipertts virginiona FACU Mesic - 2-4 H H - H Sun Dense single 50-75' Taproot Yes Very
eastern red cedat Xeric stem tree High
roelreuteria paniculate FACU Mesic 2-4 H H H H Sun Round, dense 20-30' Shallow No No
olden-rain tree shade tree
LiquidamborstyraciJlua FAC Mesic 4-6 H H H M Sun Large tree 50-70' Deep Yes High
sweet bum taproot
Nyssa sylvotica FACW Mesic - 4-6 H H H H Sun Large tree 40-70' Shallow Yes High
black gum Hydric to deep
taproot
Platonus acerfolia FACW Mesic 2-4 H - M Sun Large tree 70-80' Shallow No Low
London lane-tree
Platonus accidentalis FACW Mesic - 4-6 M M M M Sun Large tree 70-80' Shallow Yes

sycamore
H dric Lzi
Po ultts deltoides FAC Xeric - 4-6 H H H L Sun Large tree with 75- Shallow Yes

eastern cottonwood Mesic spreading 100'
branches
Pynis calleryana FAC Mesic 2-4 H H H H Sun Dense shade 30-50' Shallow No Low
Calle ear tree to deep
Quercus bicolo FACW Mesic to 4-6 H - H H Sun to partial Large tree 75- Shallow Yes High
swam white oak wet Mesic sun 100'
Quercus coccinea FAC Mesic 1-2 H M M M Sun Large tree 50-75' Shallow Yes High
scarlet oak to deep
Quercus macrocarpa FAC Mesic to 2-4 H H H M Sun Large 75- Taproot No High
bur oak wet Mesic spreading tree 100'
Quercus palusrria FACW Mesic- 4-6 H H H M Sun Large tree 60-80' Shallow Yes High
Pin oak Hydric to deep
taproot
Quercus pheltos FACW Mesic to 4-6 H H Sun Large tree 55-75' Shallow Yes High
willow oak wet Mesic
Quercus rubra FAC Mesic 2-4 M H M M Sun to oartial Large 60-80' Deep Yes High
readi ;- --° 'aProot

Table 4.3 RECOMMENDED PLANT SPECIES FOR USE IN BIORETENTION --- SHRUB SPECIES
Species
I
Moisture Regime
Tolerance
I
Morphology
T
General
I Characteristics
Scientific Name Indicator Habitat Ponding Salt Oil/ Metals Insects Exposure Form Height Root Native Wildlife
Common Name Status Crease System
Derberis horeana FAC Mestic 2-4 H H H M Sun to partial Oval shrub 4-6' Shallow No Low
barberry Shade
Derberis thunbergil FAC Mesic 2-4 H H M M Sun Rounded, 5-T Shallow No Med.
Japanese barberry Broad, dense
shrub
Clethra ainifolia FAC Mesic to 2-4 H H Sun to partial Ovoid shrub 6-12' Shallow Yes Med.
sweet peppcrbush wet mesic Shade
Cornus Stolonifera FACW Mesic - 2-4 H H H M Sun or Shade Arching, 8-10' Shallow Yes High
rcd osler dogwood H dric Spreading
Euonymus slates FAC Mesic 1-2 H H H M Sun or shade Flat, dense, 5-T Shallow No No
winged euonymous horizontal
branching
Euonymus europaeus FAC Mesic 1-2 M M M M Sun to partial Up-right dense 10-12' Shallow No No
spindle-tree shade oval shrub
11amamelis virginia FAC Mesic 2-4 M M M M Sun or Shade Vase-like 4-6' Shallow Yes Low
witch-hazel com act shrub
Hypericum densiforum FAC Mesic 2-4 H M M H Sun Ovoid Shrub 3-6' Shallow Yes Med
common St. John's wort
Rex glabra FACW Mesic to 2-4 L M H Sun to partial Spreading 6-12' Shallow Yes High
inkberrv wet Mesic sun shrub
flex venicillate FACW Mesic to 2-4 L M H Sun to partial Spreading 6-12' Shallow Yes High
winterberry wet Mesic sun shrub
Juniperus communis FAC Dry Mesic 1-2 M H H M-H Sun Mounded shrub 3-6' Deep No High
"comressa" to Mesic taproot
common 'uni r
Juniperus horizontalis FAC Dry Mesic 1-2 M H H M-H Sun Matted shrub 0-3' Deep No High
"Dar Harbor" to Mesic taproot
creeping juniper
Lindera benzoin FACW Mesic to 2-4 H - H Sun Upright shrub 6-12' Deep Yes High
s icebush wet Mesic
Myrica pennsylvanica FAC Mesic 2-4 H M M H Sun to partial Rounded. 6-8' Shallow Yes High
bayberry sun compacted
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SEDCAD 4 for Windows
(:nn?minh} 10GR P-I. I Q,h-.h
Dare County
Astration Buildin4
Wet Detention Basin Design
Warren M. Sugg, EI
Mulkey Engineers & Consultants
6750 Tryon Road
Cary, NC 27511
Phone: [phone]
Filename: 1 inch.sc4
Printed
1
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('.-, i hf loop P-1. 1 Ghumh
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Genera/ Information
Storm Information;
Storm Type: NRCS Type III
Design Storm: 1 yr - 1 hr
Rainfall Depth: 1.500 Inches
Filename: 1 inch.sc4
Printed
SEDCAD 4 for Windows
r--inh} 100A D-I. I Crh-h
Structure Networking;

Type Stru (flows Stru
# into) # Musk. K
(hrs) Musk. X '
Description
Pond #1 ==> End 0.000 0.000
#1
Pond
Filename: 1 inch.sc4
3
Printed 08-25-2006
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r'-,,i.hf 1 ooa P-1. i Q,K-K
Structure Summary;
Filename: 1 inch.sc4
Immediate Total Peak Total
Contributing Contributing
Discharge Runoff
Area Area Volume
(ac) (ac) (cfs) (ac-ft)
In 5.94 0.21
#1 1.950 1.950
Out 0.06 0.17
Printed
4
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Structure Detail:
Structure #1 (Pond
Pond Inputs:
Initial Pool Elev: 0.00
Initial Pool: 0.00 ac-ft
Perforated Riser
Riser Riser Height

Diameter (?,
(in) Barrel Barrel
.
Diameter Length (ft)
(in) Barrel Slope

(%)

Manning's n Number of

Spillway Elev Holes per
Elev
18.00 6.00 15.00 50.00 0.50 0.0130 2.75 2
Pond Results:
Peak Elevation: 1.21
Dewater Time: 2.47 days
Dewatering time is calculated from peak stage to lowest spillway
Filename: 1 inch.sc4
Printed
5

SEDCAD 4 for Windows
r',-Mnhf IQQA D-I. 1 Crhweh
Area Capacity Discharge Devrater
Elevation Time
(ac) (ac-ft) (cfs) (hrs)
3.00 0.229 0.869 1.826
Vesignates time(s) to dewater have been extrapolated beyond the 50 hour hydrograph limit.
Filename: 1 inch.sc4
Printed
6
SEDCAD 4 for Windows
n„wri, hf 1 ooa P-1. i
7
Subwatershed Hydrology Detail:
Stru SWS SWS Area Time of
Conc Musk K : Curve
Musk X UHS Peak
Discharge Runoff _
Volume
# # (ac) (hrs) Number
#1 1 1.950 0.083 0.000 0.000 98.000 TR55 5.94 0.208
1.950 5.94 0.208
Filename: 1 inch.scA Printed 08-25-2006
Inflow/Outflow Hydrographs for Structure # 1
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1
6
Peak Flow in to Structure:
:............:.. 5.94 cfs at 0.7 hrs
5
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v 4 0.06 cfs at 1.1 hrs
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Sediment
Forebay
Marsh plants Embankment with marsh plants Level of 1'
J
/ andspillway to main pool

Normal
runoff volume

R Riser prevents
protection
?'? inle i pool level Reverse-sloped overflowing
I et orifice to slowly embankment
release stormwater
Compacted-earth
` embankment

Permenant pool Riprap
;;:; r protection
Concrete
anti-foliation Anti-seep
achor collars
Stormwater
inlet \
spillway

Figure 1 Wet Detention Pond Schematic (Stormwater Guidance Manual, NC, Arnold et. al.)
9

permanent pool. An extended detention wetland must be also be designed with a forebay, as is a wet
' detention pond.
The major difference between an extended detention wetland and a wet detention basin is that the
' allocation of surface area to different pond depths. For the system to function as a wetland, 70% of the
area of the permanent pool needs to be designed as a marsh with a depth of 0 to 18", with an almost equal
distribution of area (35% and 35%) between 0" to 9" and 9" to 18." The other major difference is that
' there needs to be a small pool (15% of the surface area) where the outlet is located to prevent sediment
from interfering with the outlet structure functions. The balance of the area is flexible with respect to
depth.
' A most important consideration when designing both extended detention wetland systems and pocket
wetland systems is the specification and installation of plants. Tables 4.1, 4.2, and 4.3 in chapter 4 will
give a good indication of those plants that can be used in areas that will not be continually inundated.
The ponding times, shown in days under Ponding, will give a good indication of what zones of the
wetland the species should be planted. Shown below in Table 2.2 are those plants that should do well
when planted within the normal, permanent pool of the wetland.
Table 2.2 Wetland Plants

`JI

Scientific Name Commercial Inundation Wildlife Value- Notes
Common Name Form Availability Tolerance
Petrandra virginia Emergent yes up to 1 ft. High, Berries are Full sun to partial shade
Arrow arum eaten b wood ducks
Saggitaria latijolia Emergent yes up to 1 ft. Moderate. Tubers and Aggressive colonizer
Arrowhead/ Duck potato seeds eaten b ducks
Andropogon virginicus Perimeter yes up to 3 in. High. Songbirds and Tolerant or fluctuating water
Broomsedge browsers. Winter food levels & partial shade
and cover
Andropogon glomeratus Emergent yes up to l ft. Requires full sun
Bush Beard grass
Typha spp. Emergent yes up to 1 ft. Low. Except as cover Aggressive. May eliminate
Cattail other species. Volunteer.
High pollutant treatment.
Ceratophyllum DWQersum Submergent yes yes Low food value. Good Free floating SAV. Shade
Coontail habitat and shelter for tolerant. Rapid growth.
Fish and invertebrates
Scirpuspungens Emergent yes up to 6 in. High. Seeds, cover. Fast colonizer. Can tolerate
Common Three-Square Waterfowl, songbirds periods ordryness. Full
sun. High metal removal.
Lernna spp. Submergent/ yes yes High, Food for High metal removal
Duckweed Emergent waterfowl, and fish
Soururus cernuus Emergent yes up to I ft. Low, except for wood Rapid growth. Shade
Lizard's Tait ducks tolerant.
Hibiscus moscheutos Emergent yes up to 3 in. Low. Nectar. Full sun. Can tolerate
Marsh Hibiscus periodic d ness
Pontederin cordata Emergent yes up to I ft. Moderate. Ducks. Full sun to partial shade
Pickerelweed Nectar for butterflies.
Potarnogeton pcoinnrus Submergent yes yes Extremely high. Removes heavy metals.
Pond weed Waterfowl, marsh and
shorebirds.
Leersin oryzoidcs Emergent yes up to 3 in. High. Food and cover. Full sun although tolerant of
Rice cut rtes shade. Provides some
is

shoreline stabilization
Carex spp. Emergent yes up to 3 in. High. Waterfowl and Many wetland and several
Sedges songbirds. upland sties.
Scirpus volidus Emergent yes up to 1 ft. Moderate. Good cover Full sun. Aggressive weedy
Soft-stem Bulrush and food. aliens such as P. rfoliatum
Polygonnum spp. Emergent yes up to l ft. High. Waterfowl, Fast colonizer. Tolerant of
Smartweed songbirds. Seeds and fluctuating water levels.
cover.
Juncus effesus Emergent yes up to I ft. Moderate. Tolerates wet or dry
Soft Rush conditions.
Nuphar lureum Emergent yes up to 3 ft. Moderate for food but Fast colonizer. Tolerant of
S atterdock high for cover. fluctuating water levels.
Panicum vergarunt Perimcter yes up to 3 in. High. Seeds, cover for Tolerates wet and dry
Switchgrass waterfowl and conditions.
songbirds.
Acorus calamus Perimeter yes up to 3 in. Low. Tolerant of dry periods. Not
Sweet Flag a rapid colonizer. Tolerates
acidic conditions
Elodea canadensis Submergent yes yes Low. Good water oxygenator.
Waterweed High nutrient, copper,
manganese and chromium
removal.
Valisneria amen .cana Submergent yes yes High. Food for Tolerant of murky water and
Wild Celery waterfowl. Habitat for high nutrient loads.
fish and invertebrates.
Zizania aqualica Emergent yes up to I ft. High. Food for birds. Prefers full sun.
Wild Rice
Table from: Design of Storrnwater Wetlands Sys tems: guidelines for creating diverse and effective stormwater wetlands in the mid Atlantic
BI "ion Schueler
2.7 Design Requirements for Pocket Wetlands
In those situations where a combination of stormwater BMPs will be utilized to achieve the required 85%
TSS removal, pocket wetlands in combination with grassed swales or filter strips can provide the needed
removal. For design purposes these can be thought of as a special case of the extended detention
wetland, or possibly a small wet detention pond with special emphasis placed on the wetland plantings.
The sizing process should follow that of the wet detention basin, but with the following table (Table 2.3)
used in place of Table 1.1. For example, a development of 4.5 acres, with 3.825 acres of imperviousness
(85% imperviousness) would need a pocket wetland that. had 0.96% of 4.5 acres of permanent pool. One
notable difference between this table and Table 1.1 is that no depths are given. An average depth of two
feet is assumed.
19
O?O? W AT ?9QG
DEW -{
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
September 7, 2006
Mr. Steve Shriver
Dare County Planning Department
211 Budleigh Street
Manteo, NC 27954
Re: Dare County Justice Center - Phase II, Dare County
DWQ #20060946; USACE ORM ID #:SAW- 2006-32369-128
APPROVAL of 401 Water Quality Certification and with Additional Conditions
Dear Mr. Shriven
Attached hereto is a copy of Certification No. 3586 issued to Mr. Steve Shriver of Dare County Planning
Department, dated September 7, 2006. This letter shall also act as your approved Authorization
Certificate for impacts to the protected riparian buffers per 15A NCAC 2B .0233. In addition, you
should get any other federal, state or local permits before you go ahead with your project including (but
not limited to) Solid Waste, Sediment and Erosion Control, Stormwater, Dam Safety, Non-discharge and
Water Supply Watershed regulations.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
Alan W. Kltmek, P.E.
AWI{/cbk/ym
Attachments: NCDWQ Summary of Permanent Impacts and Mitigation Requirements
Certificate of Completion
cc: U.S. Army Corps of Engineers, Washington Regulatory Field Office
Wilmington District, USACOE
Kyle Barnes, DWQ, Washington Regional Office
DLR Washington Regional Office
File Copy
Central Files
NCEEP, 1652 Mail Service Center, Raleigh, NC 27699-1652
Harold Brady, Mulkey Engineers & Consultants, 201 P.O. Box 33127, Raleigh, NC 27636
Filename: 060946DareCountyJusticeCenterPhaseII(Dare)401 _IC
401 Oversight/Express Review Permits Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet htto://h2o.enr.state.nc.us/ncwetlands
Nor Carolina
Nfura!!y
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Dare County Planning Department
Page 2 of 5
September 7, 2006
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-
500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ)
Regulations in 15 NCAC 2H, Section .0500 to Mr. Steve Shriver of the Dare County Planning Department,
to fill 0.95 acres of jurisdictional wetland, associated with the construction of the Dare County Justice
Center - Phase II, located on the northwestern corner of the intersection of U.S. Highway 64 East and U.S.
Highway Business in Manteo, Dare County, North Carolina, pursuant to an application filed on the 8`h day
of May of 2006 (received by DWQ on June 9, 2006), and in additional correspondence received July 10,
2006, and August 18, 2006. Prior impacts associated with the Dare County Justice Facility included 2.74
acres of wetlands fill, which included the impacts described herein, and were mitigated within the previous
401 Certification (DWQ Project No. 2000972 issued April 2, 2001.)
The application and supporting documentation provides adequate assurance that the proposed work will
not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the
State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301,
302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application, the
supporting documentation, and conditions hereinafter set forth.
This approval is only valid for the purpose and design submitted in the application materials and as
described in the Public Notice. If the project is changed, prior to notification a new application for a new
Certification is required. If the property is sold, the new owner must be given a copy of the Certification
and approval letter and is thereby responsible for complying with all conditions of this Certification. Any
new owner must notify the Division and request the Certification be issued in their name. Should wetland
or stream fill be requested in the future, additional compensatory mitigation may be required as described
in 15A NCAC 211.0506 (h) (6) and (7). If any plan revisions from the approved site plan result in a
change in stream or wetland impact or an increase in impervious surfaces, the DWQ shall be notified in
writing and a new application for 401 Certification may be required. For this approval to be valid,
compliance with the conditions listed below is required.
Conditions of Certification:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Amount Approved nits Plan Location or Reference
404/CAMA Wetlands 0.95 acres PN and Construction Plans
Sediment and Erosion Control:
2. Erosion and sediment control practices must be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management Practices
in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
Dare County Planning Department
Page 3 of 5
September 7, 2006
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most recent
version of the North Carolina Sediment and Erosion Control Manual. The devices shall be
maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including
contractor-owned or leased borrow pits associated with the project.
c. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the 404/4011'ermit Application. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion control Best
Management Practices, shall be performed so that no violations of state water quality standards,
statutes, or rules occur;
4. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade restored within six months of the date that
the Division of Land Resources has released the project;
5. Protective Fencing - The outside buffer, wetland or water boundary and along the construction
corridor within these boundaries approved under this authorization shall be clearly marked with
orange warning fencing (or similar high visibility material) for the areas that have been approved to
infringe within the buffer, wetland or water prior to any land disturbing activities to ensure
compliance with 15A NCAC 213 .0233 and GC 3404;
Continuing Compliance:
6. Mr. Steve Shriver and the Dare County Planning Department, shall conduct construction activities
in a manner consistent with State water quality standards (including any requirements resulting
from compliance with section 303(d) of the Clean Water Act) and any other appropriate
requirements of State law and federal law. If the Division determines that such standards or laws
are not being met (including the failure to sustain a designated or achieved use) or that State or
federal law is being violated, or that further conditions are necessary to assure compliance, the
Division may reevaluate and modify this Certification to include conditions appropriate to assure
compliance with such standards and requirements in accordance with 15A NCAC 2H.0507(d).
Before modifying the Certification, the Division shall notify Mr. Steve Shriver and/or the Dare
County Planning Department, NC and the US Army Corps of Engineers, provide public notice in
accordance with 15A NCAC 2H.0503 and provide opportunity for public hearing in accordance
with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to Mr. Steve Shriver
and/or the Dare County Planning Department, NC in writing, shall be provided to the United States
Army Corps of Engineers for reference in any Permit issued pursuant to Section 404 of the Clean
Water Act, and shall also become conditions of the 404 Permit for the project;
Deed Notification:
A deed notification or similar mechanism shall be attached to the deed and final plat clearly
denoting all remaining jurisdictional wetlands and waters. This mechanism shall be put in place
within 30 days of the date of issuance of the 401 Certification letter or the issuance of the 404
Permit (whichever is later). A sample deed notification format can be downloaded from the
401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands. DWQ shall be sent copies of
all deed restrictions applied to these lots;
Dare County Planning Department
Page 4 of 5
September 7, 2006
Written Stormwater Management Plan (Final Plan and Approval Needed):
7. Written Stormwater Management Plan (Final Plan Needed)
A final, written stormwater management plan (including a signed and notarized Operation and
Maintenance Agreement) shall be submitted to the 401 Oversight and Express Permitting Unit
(2321 Crabtree Blvd., Suite 250, Raleigh, NC, 27604) within 60 days of the issuance of the 401
Water Quality Certification. The stormwater management plans shall be approved in writing by
this Office before the impacts specified in this Certification occur. You have the option of using
the Express Review Program for expedited approval of these plans. If you propose to use the
Express Review Program, remember to include the appropriate fee with the plan. The stormwater
management plan must include plans, specifications, and worksheets for stormwater management
facilities that are appropriate for the surface water classification and designed to remove at least
85% TSS according to the most recent version of the NC DENR Stormwater Best Management
Practices Manual. These facilities must be designed to treat the runoff from the entire project,
unless otherwise explicitly approved by the Division of Water Quality. Also, before any
permanent building is occupied at the subject site, the facilities (as approved by this Office) shall
be constructed and operational, and the stormwater management plan (as approved by this Office)
shall be implemented. The structural stormwater practices as approved by this Office as well as
drainage patterns must be maintained in perpetuity. No changes to the structural stormwater
practices shall be made without written authorization from the Division of Water Quality.
Where a State Stormwater Permit (in accordance with 15 A NCAC 2H .1000) is required, this
permit may be considered to meet this condition.
9. Construction Stormwater Permit NCGO10000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land
Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an NPDES
General stormwater permit (NCGO 10000) administered by DWQ is automatically issued to the
project. This General Permit allows stormwater to be discharged during land disturbing
construction activities as stipulated by conditions in the permit. If your project is covered by this
permit [applicable to construction projects that disturb one (1) or more acres], full compliance with
permit conditions including the sedimentation control plan, self-monitoring, record keeping and
reporting requirements are required. A copy of this permit and monitoring report forms may be
found at http://h2o.ei:r.state.ne.us/su/Forms Docunients.htm.;
10. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
Also, this approval to proceed with your proposed impacts or to conduct impacts to `eaters as
depicted in your application shall expire upon expiration of the 404 or CAMA Permit.
Dare County Planning Department
Page 5 of 5
September 7, 2006
If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon written
request within sixty (60) days following receipt of this Certification. This request must be in the form of a
written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the
Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. If
modifications are made to an original Certification, you have the right to an adjudicatory hearing on the
modifications upon written request within sixty (60) days following receipt of the Certification. Unless
such demands are made, this Certification shall be final and binding.
This the 7 h day of September 2006
DIVISION OF WATER QUALITY
Alan W. Klimek, P.E.
3586
AWK/cbk/ijm
O?O? W AT
D FWa?_ QG
=1
o ? c
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimck, P.E. Director
Division of Water Quality
North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
In accordance with 15A NCAC 2H.0500, Mr. Steve Schriver has permission as outlined below to impact 0.95 acres
of wetlands for the purpose(s) of constructing Phase II of the Dare County Justice Center in Dare County. All
activities associated with these authorized impacts must be conducted with the conditions listed in the attached
Permit transmittal letter. THIS PERMIT IS NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
LOCATION: Dare County Justice Center - Phase H
COUNTY Dare
BASIN/ SUB BASIN Pasquotank/030151
As required by 15A NCAC 2H.0500, and the conditions of this Permit, you are required to compensate for the above
impacts through the restoration, creation, enhancement or preservation of wetlands and surface waters as outlined
below prior to conducting any activities that impact or degrade the waters of the state. Prior impacts associated
with the Dare County Justice Facility included 2.74 acres of wetlands fill, which included the impacts
described herein, and were mitigated within the previous 401 Certification (DWQ Project No. 2000972
issued April 2, 2001.)
Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be
rounded to one-quarter acre increments and linear foot requirements must be rounded up to the nearest foot
according to 15 2R.0503(b).
Impacts Mitigation
0.95 Acres of Class WL wetland Previously mitigated - DWQ project No.
20000972
In correspondence dated May 3, 2006, the EEP indicated that up to 1.5 acres of mitigation will be conducted by EEP
if necessary for the 401 Water Quality Certification and 404 Permit.
One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of
a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and
mail the form along with a copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement
Program at the address below. An invoice for the appropriate amount of payment will be sent to you upon receipt of
this'form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE
NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT
PROGRAM.
Signature Date
ECOSYSTEM ENHANCEMENT PROGRAM
1652 Mail Service Center
RALEIGH, N.C. 27699-1652
[phone]
Filename: 060946DareContyJusticeCenterPhaseII(Dare)401-EEP
401 Oversight/Express Review Permits Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet http://h2o.enr.state.nc.us/ncwetiands
None Carolina
Naturally
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Certification of Completion
DWQ Project No.:
Applicant:
Project Name:
Date of Issuance of Wetland Permit:
County:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be
returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send
certificates from all of these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature: Date:
Agent's Certification
I, , hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature:.
Date:
If this project was designed by a Certified Professional
I, as a duly registered Professional (i.e., Engineer,
Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically,
weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Registration No. Date
05-03-'06 15:01 FMI-DENR EEP
9197152001
- cas stele
Ell t.1 e???.er t
PROGRAM
May 3, 2006
Harold Brady
Mulkey Engineers and Consultants
6750 Tryon Road
Cary, NC 27511
Project: Dare County Justice Center, Phase 2
T-733 P02
County: Dare
U-261
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NC EEP) is willing to
accept payment for impacts associated with the above referenced project. Please note that this decision dots not assure that
the payment will be approved by the permit issuing agencies as mitigation for project impacts. It'is the responsibility of the
applicant to contact these agencies to determine if payment to the NC EEP will be approved.
This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404
Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send
copies of the 404/401/CAMA permits to NC EEP. Once NC EEP receives a copy of the 404 Permit and/or the 401
Certification an invoice will be issued and payment must be made.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the
following table.
River Basin Wetlands Stream Buffer Buffer
Cataloging (Acres) (Linear Prot) Zone 1 Zone 2
Unit (Sq. Ft.) (Sq. Ft.)
Riparian Non-Riparian Coastal Marsh Cold Cool Warm
Pasquotank 0 1.5 0 0 0 0 0 0
03010205
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation for the permitted impacts
up to a 2:1 ratio, (buffers, Zone 1 at a 3:1 ratio and Zane 2 at a 1.5:1 ratio). The type and amount of the compensatory
mitigation will be as specified in the Section 404 Permit and/or 401 Water Quality Certification, and/or CAMA Permit. The
mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of
Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Chris Mankoff at [phone],
inCerCly,
illiam D. Gilmore, PE
Director
cc: Cyndi Karoly, Wetlands/401 Unit
Tom Steffens, USACE-Washington
Kyle Barns, DWQ-Washington
Doug Huggett, DCM-Morthead City
File
R?starr;... ... Prot"Oar Stag ORR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699.1652 / 919-715-0476 / www,ncecp.net
?I IQI 1?
US Army Corps
Of Engineers
Wilmington District
-,)U-)q 9- oG_ ()qq?
PUBLIC NOTICE
Issue Date: July 6, 2006
Comment Deadline: August 7, 2006
Corps ORM ID 11: SAW- 2006-32369-128
The Wilmington District, Corps of Engineers (Corps) has received an application from
the Dare County Planning Department to fill approximately 0.95 acres of Department of
the Army jurisdictional wetlands for the purpose of construction of a single building with
associated parking located on the southwestern corner of North Carolina State Highway
64 and North Carolina State Highway 64 Business in Manteo, Dare County, North
Carolina.
Specific plans and location information are described below and shown on the attached
plans. This Public Notice and all attached plans are also available on the Wilmington
District Web Site at vvww.saw. usace.amly.milhvetlands
Applicant: Dare County Planning Department t? ? z' 0. W ?
Attention: Steve Shriver
211 Budleigh Street JUL 1 4 2006
Manteo, North Carolina 27954
DENR - tNATER QUALITY
Authority V,`ETU" ND,zN'0 STC"!A',64--,TEa DA VJCN
The Corps will evaluate this application and a decide whether to issue, conditionally
issue, or deny the proposed work pursuant to applicable procedures of Section 404 of the
Clean Water Act (33 U.S.C. 1344).
Location
The project is located on the northwestern corner of the intersection of United States
Highway 64 East and United States Highway 64 Business in Manteo, Dare County, North
Carolina.
Existing Site Conditions
The existing jurisdictional wetlands on this property have been disturbed in the past by
clearing and mowing. The predominant tree layer consists of scattered stands of Loblolly
Pine (Pines taeda). Understory vegetation is regularly mowed and consists of Salt
Meadow Cordgrass (Spartina patens), Common Greenbriar (Smilax bona-nox), Cattail
(Typhus spp.) and Poison Ivy (Toxicodendroft radicans).
Applicant's Stated Purpose
The applicant's stated purpose of the project is to construct a building that will
consolidate county administrative operations, increase efficiency by moving all county
administrative functions into one building, and reduce overall cost to the county
operations budget.
Project Description
The proposed project involves the construction of an administrative building and
associated parking lot/access in conjunction with the existing Dare Justice Center
building on the adjacent property. The construction of the administrative building will
permanently impact approximately 0.95 acres of jurisdictional wetlands.
Other Required Authorizations
This notice and all applicable application materials are being forwarded to the appropriate
State agencies for review. The Corps will generally not make a final permit decision
until the North Carolina Division of Water Quality (NCDWQ) issues, denies, or waives
State certification required by Section 401 of the Clean Water Act (PL 92-500). The
receipt of the application and this public notice in the NCDWQ'Central Office in Raleigh
serves as application to the NCDWQ for certification. A waiver will be deemed to occur
if the NCDWQ fails to act on this request for certification within sixty days of the date of
the receipt of this notice in the NCDWQ Central Office. Additional information
regarding the Clean Water Act certification may be reviewed at the NCDWQ Central
Office, 401 Oversight and Express Permits Unit, 2321 Crabtree Boulevard, Raleigh,
North Carolina 27604-2260. All persons desiring to make comments regarding the
application for certification under Section 401 of the Clean Water Act should do so in
writing delivered to the North Carolina Division of Water Quality (NCDWQ), 1650 Mail
Service Center, Raleigh, North Carolina 27699-1650 Attention: Ms Cyndi Karoly by
July 27, 2006.
The applicant has not provided to the Corps, a certification statement that his/her
proposed activity complies with and will be conducted in a manner that is consistent with
the approved North Carolina Coastal Zone Management Program. Pursuant to 33 CFR
325.2(b)(2), the Corps can not issue a permit for the proposed work until the applicant
submits such a certification to the Corps and the North Carolina Division of Coastal
Management (NCDCM), and the NCDCM notifies the Corps that it concurs with the
applicant's consistency certification.
Essential Fish Habitat
This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the
Magnuson-Stevens Fishery Conservation and Management Act. The Corps' initial
determination is that the proposed project will not impact EFH or associated fisheries
managed by the South Atlantic or Mid Atlantic Fishery Management Councils or the
National Marine Fisheries Service. This determination is based on the absence of any
estuarine or marine areas within the proposed project area..
Cultural Resources
The Corps has consulted the latest published version of the National Register of Historic
Places and is not aware that any registered properties, or properties listed as being
eligible for inclusion therein are located within the project area or will be affected by the
proposed work. Presently, unknown archeological, scientific, prehistoric, or historical
data may be located within the project area and/or could be affected by the proposed
work.
Endangered Species .
The Corps has reviewed the project area, examined all information provided by the
applicant and consulted the latest North Carolina Natural Heritage Database. Based on
available information, the Corps is not aware of the presence of species listed as
threatened or endangered or their critical habitat formally designated pursuant to the
Endangered Species Act of 1973 (ESA) within the project area. A final determination on
the effects of the proposed project will be made upon additional review of the project and
completion of any necessary biological assessment and/or consultation with the U.S. Fish
and Wildlife Service and/or National Marine Fisheries Service.
Evaluation
The decision whether to issue a permit will be based on an evaluation of the probable
impacts, including cumulative impacts, of the proposed activity on the public interest.
That decision will reflect the national concern for both protection and utilization of
important resources. The benefit which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. All factors
which may be relevant to the proposal will be considered including the cumulative effects
thereof, among those are conservation, economics, aesthetics, general environmental
concerns, wetlands, historic properties, fish and wildlife values, flood hazards, flood plain
values (in accordance with Executive Order 11988), land use, navigation, shoreline
erosion and accretion, recreation, water supply and conservation, water quality, energy
needs, safety, food and fiber production, mineral needs, considerations of property
ownership, and, in general, the needs and welfare of the people. For activities involving
the discharge of dredged or fill materials in waters of the United States, the evaluation of
the impact of the activity on the public interest will include application of the
Environmental Protection Agency's 404(b)(1) guidelines.
Commenting Information
The Corps of Engineers is soliciting comments from the public; Federal, State and local
agencies and officials, including any consolidate State Viewpoint or written position of
the Governor; Indian Tribes and other interested parties in order to consider and evaluate
the impacts of this proposed activity. Any comments received will be considered by the
Corps of Engineers to determine whether to issue, modify, condition or deny a permit for
this proposal. To make this decision, comments are used to assess impacts on
endangered species, historic properties, water quality, general environmental effects and
the other public interest factors listed above. Comments are used in the preparation of an
Environmental Assessment (EA) and/or an Environmental Impact Statement (EIS)
pursuant to the National Environmental Policy Act (NEPA). Comments are also used to
determine the need for apublic hearing and to determine the overall public interest of the
proposed activity.
Any person may request, in writing, within the comment period specified in this notice,
that a public hearing be held to consider the application. Requests for public hearings
..shall state, with particularity, the reasons for ho.lding.a public, hearing.. Requests. for a
public hearing shall be granted, unless the District Engineer determines that the issues
raised are insubstantial or there is othenvise no valid interest to be served by a hearing.
Written comments pertinent to the proposed work, as outlined above, will be received
by the Corps of Engineers, Wilmington District, until 5 p.m., August 7, 2006. Comments
should be submitted to Mr. Tom Steffens, Washington Regulatory Field Office, Post
Office Box 1000, Washington, North Carolina 27889-1000, telephone [phone],
extension 25.
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IN REPLY REFER TO
Regulatory Division
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
Washington Regulatory Field Office
P.O. Box 1000
Washington, North Carolina 27889-1000
July 31, 2006
Action ID No. SAW-2006-32369-128
Dare County Planning Department
Attention: Mr. Steve Shriver
211 Budleigh Street
Manteo, North Carolina 27954
Dear Mr. Shriver:
AUG 0 3 2006 V
DCNyit - WATul QUALITY
YvEIL t:75 r ? STCr".",Y? ,.TER EFWXfJ
Please reference your application for a Department of the Anny (DA) individual permit to
authorize the filling of 095 acres of DA jurisdictional wetlands for the purpose of constructing a
commercial building with associated parking at the Dare Justice Center located off U.S. Highway
64, adjacent to Croatan Sound, in Manteo, Dare County, North Carolina. The purpose of this
correspondence is to inform you that by e-mail correspondence dated July 7, 2006, we received
comments from the Citizens for Responsible Water Management regarding their review of the
public notice on your application.
It is the policy of the Department of the Army to provide an applicant the opportunity to
furnish 'a proposed resolution or rebuttal to all objections from govermnehi agencies and other
substantive adverse comments before a final decision is made on a proposed project. In this
regard, I would appreciate receiving any comments that you have on this matter. If you intend
to comment, please give your immediate attention to this matter so processing of your permit
can be expedited.
Thank you for your time and cooperation. If you have any questions, you may contact Tom
Steffens at the Washington Regulatory Field Office, telephone [phone] ext. 25.
Sincerely,
)m -4 4, UL"-,
David M. Lekson, P.W.S
Chief, Washington Regulatory Field Office
Enclosure
Copies Furnished (with enclosure):
Mr. Ronald J. Mikulak, Chief
Wetlands Regulatory Section
Water Management Division
United States Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, GA 30303
Mr. Pete Benjamin
United States Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Ron Sechler
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
Ms. Cyndi Karoly
North Carolina Department of Environment
and Natural Resources
Division of Water Quality/Wetlands Unit
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Office Manager
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
1367 U.S. 17 South
Elizabeth City, North Carolina 27909
Mr. Pat McClain
Division of Land Resources
943 Washington Square Mall
Washington, North Carolina 27889
2
COPY
From: Barnett, Sharon L SAW
Sent: Monday, July 10, 2006 8:23 AM
To: Steffens, Thomas A SAW
Subject: FW: ORM ID: SAW 2006-32369-128
Tom
This may require a response.
From: [e-mail] [mailto:[e-mail]]
Sent: Friday, July 07, 2006 4:53 PM
To: Barnett, Sharon L SAW
Subject: ORM ID: SAW 2006-32369-128
In reapplication of Dare County Planning Department:
"to fill approximately 0.95 acres of Department of the Army jurisdictional wetlands for the purpose
of construction of a single building with associated parking ..."
Sharon
This project is in itself not "significant", involving a mere acre of wetlands, but it may become
important to Pamlico Sound users if conditioned to require application, to the fullest practicable
extent, the most sensible rainwater management mode. as recommended by federal and state
agenicies and advocated by every competent and conscientious professional in the land
management game.
Local government actions should set the pace for proper nps management with sensible onsite
management such as federal agencies have been required to use for several decades.
It seems safe to assume that no comprehensive watershed management plan has been
formulated by the Dare County Soil & Water Conservation District. (Influential residents of most
communities have worked hard to keep these agencies from functioning as State Legislators
designed them to do.) With this Plan the site would not use the piecemeal approach that has
done major damage to the quality of ACOE jurisdictional waters, its planners would know exactly
what fits into ACOE rules so that no complications would slow the work.
Despite this, if the planners of this site are required by the Corps to design it within the
guidelines that a model Plan would provide the local government agency would necessarily
contact this locally elected State agency and so benefit from its direct contacts with USDA-NRCS
technicians who have ready access to the EPA-advocated technologies that would provide simple
Best Management Practices to shape the landscape (LID planning) so that runoff is minimized.
This would obviously bring multiple public benefits while enhancing rather than damaging the
natural environment. Specically, it would:
- eliminate transport of NPS pollutants offsite
- maximize conversion of these pollutants to plant nutrients
- maximize public wellwater replenishment
- comply with EPA TMDL rules
- enhance streamflow stability
-incrementally reduce contamination of inshore ocean waters
- reduce costs of floodwater defense for downslope residents.
- improve the quality of wildlife habitat
It is of course appropriate that County government not defy State Law requiring the application
of "Corrective Methods" for managing rainwater so as to achieve the above benefits.
Legislators have not required enforcement of this law by Governors since these laws were
passed seventy years ago because bureaucrats have cooperated with other agents of profiteers
to fool them into not realizing the value of "Corrective Methods". The Corps is obligated to
observe State Statutes, however..
Seventy years ago North Carolina Soil & Water districts were assigned the task of developing
comprehensive plans "for flood prevention or the conservation, utilization and disposal of water
and development of water resources within the district". They were instructed: "these plans shall
specify in such detail as may be possible, the acts, procedures, performances, and avoidances
which are necessary or desirable for the effectuation of such plans, including the specification of
engineering operations ... and changes in use of land; and to bring such plans and information to
the attention of occupiers of lands within the district."
The ACOE's obligation to protect water quality has been greatly expanded in that time, giving it
more than adequate power and the unquestionable duty of working to implement the will of
Congress and State Legislators despite efforts of private persons and self-serving bureau
managers to evade this responsibilit
<http://www.enr.state.nc.us/DSWC/files/map2.htm>
North Carolina Soil Conservation Districts Law 1937 §139-2. Legislative determinations and
declaration of policy.
"It is hereby declared ... that failure by any land occupier to conserve the soil and control erosion
upon his lands causes a washing and blowing of soil and water from his lands onto other lands
and makes the conservation of soil and control of erosion on such other lands difficult or
impossible.... The consequences ... are a diminishing of the underground water reserve, which
causes water shortages ... causing severe and increasing floods, which bring suffering, disease,
and death ... The appropriate Corrective Methods ... to prevent floodwater and sediment
damages, and further the conservation, utilization, and disposal of water ... it is necessary that ...
appropriate soil-conserving land-use practices and works of improvement for flood prevention or
the conservation, utilization, and disposal of water and the development of water resources be
adopted and carried out.... among the procedures necessary for widespread adoption are the
carrying on of engineering operations such as the construction of terraces, terrace outlets, check-
dams, desalting basins, floodwater retarding structures, channel improvements, floodways, dikes,
ponds, ditches, and the like; the utilization of [contour cultivation] ... irrigation ... frevegetation]
with water-conserving and erosion- preventing plants, trees, and grasses ... retardation of runoff
by increasing absorption of rainfall ... It is hereby declared to be the policy of the legislature to
provide for the conservation of the soil ... and prevention of floodwater and sediment damages,
and for furthering the conservation, utilization, and disposal of water, and the development of
water resources and thereby to preserve natural resources, control floods, prevent impairment of
dams and reservoirs, assist in maintaining the navigability of rivers and harbors, preserve wildlife,
protect the tax base, protect public lands, and protect and promote the health, safety and general
welfare of the people of this State.
This planning would work no hardship, actually lowering site improvement costs if accomplished
through State universities that would provide "latest and best" planning and design for the site as
a model for all counties if they are contacted through the chain of communication that was set up
for this purpose by Congress, advised and funded through the USEPA, USDA and the Presidents
Council on Environmental Quality.
In essence, this site would be designed to maximize onsite retention or
rainwater. This would ensure that:
- Roof runoff is introduced to the soil in a way that will replenish soil moisture beneath it to
eliminate foundation-damaging desiccation and maintain soil stability beneath supporting
structures
- The parking area is composed of standard porous asphalt or concrete, or crushed stone, to
store and percolate all of its rainwater.
(plus that of necessarily impervious surfaces.)
- The site is graded, with berms-basins as needed to detain/retain/infiltrate up to at least the 2-
year storm event.
This is standard planning wherever conscientious public officials are properly instructed by well-
informed politicians. (Florida, Phoenix, e.g.)
Its cost savings come from eliminating need for drainage structures, overly wide streets, pollution
interception devices, off-site accommodation of runoff.and downslope remediation of polluted
runoff..
James Marple
for Citizens for Responsible Water Management
2793 Hwy 20 E
St Pauls, NC. 28384
[e-mail]
ENGINEERS & CONSULTANTS
PO Box 331 27
RALEIGH, NC 27636
PHONE: 919-B51-1912
FAx: [phone]
L9 (0;Z1
AUG 1 8 2006 D
R • WATER QUALITY
riEVLANOSANDSTORI MATERKVJCN
LETTER OF TRANSMITTAL
To: Mr. Ian McMillan
NC DENR/Division of Water Quality,
Wetlands Unit
1650 Mail Service Center,
Raleigh, NC 27699-1650
Re: Dare County Justice Center, Phase 2
I am sending you the following item(s):
REGULAR MAIL
2005180.00
COPIES DATE NO. DESCRIPTION
5 Response to public comment
These are transmitted as checked below:
? As requested
? For approval
? For review and comment
Remarks:
Copy to:
Date: August 16, 2006
Job No.:
® For your use
? For Signatures
Signed:
Harold Brady
Project Biologist
ENGINEERS CONSULT,-NNTG
August 16, 2006
Mr. James Marple
Citizens for Responsible Water Management
2793 Highway 20 E
St. Pauls, NC 28384
V@20WIEP
AUG 1 8 2006
DENR • WATER QUALITY
WETLANDS IND STO RM DATER EW%NCN
Re: Comments regarding the application for Section 401/404 permitting for the
construction of the proposed addition to the Dare County Justice Center,
Dare County, North Carolina
Dear Mr. Marple,
Thank you for your comments regarding the proposed construction of additional
administrative buildings on the Dare County Justice Center property near the intersection of
US Highway 64 and US Highway 264 Business in Manteo, Dare County, North Carolina.
The purpose of this project is to provide necessary administrative facilities to keep pace with
the growth of Dare County, and will be constructed on county-owned land next to the
existing Dare County Justice Center building. Mulkey Engineers & Consultants (Mulkey)
have been retained by Heery International and Dare County to provide engineered
stormwater design plans and Section 401/404 permitting assistance.
The questions raised in your email sent on July 7, 2006 to Sharon Barnett of the
United States Army Corps of Engineers (USACE) specifically deal with stormwater issues.
Mulkey feels confident that the proposed stormwater design plan that has been generated
will adequately and efficiently treat all stormwater entering the site prior to its release
downstream. Several stormwater management devices (including LID technologies) have
been integrated into the overall site plan including, pervious pavement, grassed swales,
shallow bioretention basin, and a wet detention pond. It should be noted that the
stormwater plan for this proposed project has not been formally approved by the North
Carolina Division of Land Resources or the North Carolina Division of Water Quality.
For this site, pervious pavement will be utilized to reduce stormwater runoff and
provide treatment for a large portion of the proposed parking area. Adequate permeability
of the sub-grade soils (loamy sands) inherent to the coastal region, makes this site suitable
for use with the pervious pavement system. Utilizing pervious pavement will aid in reducing
the percent of imperviousness calculations for the built-upon-area. Dependent upon the
actual gravel base installed beneath the pervious pavement, up to a 60% reduction in
stormwater runoff can be achieved, which reduces the amount of runoff flowing into
downstream treatment devices. In addition, while pervious pavement will not receive direct
credit for pollutant removal, credit is received for reducing the percent impervious area,
which reduces the pollutant loads for the site. The areas of pervious pavement will be
located between the regular impervious pavement and die bioretention areas.
For intermediate stormwater treatment, grassed swales will be incorporated into two
of the parking islands. Stormwater will flow directly into the shallow swales by eliminating
MULKEY INC. 6750 TRYON ROAD CARY, NC 2751 1 PO Box 33127 RALEIGH, NC 27636 PH: 919-651-1912 FAX: [phone] B W W.MULKEYINC.COM
August 16, 2006
Citizens for Responsible Water Management
Mr. James Marple
Page 2
the curb and gutter on the upstream side. Due to the more permeable soils located on the
coast, additional benefit is gained by the greater infiltration rates. While used by itself,
grassed swales do not provide 85% total suspended solids (TSS) removal, but used in series
with an extended dry detention pond dle required TSS removal is achieved. However, the
TSS removal on the proposed site is even larger due to the fact that the grassed swales will
be used in series with a wet detention pond to provide final treatment of the stormwater.
Also being installed in series with the wet detention basin in the east parking lot is a
shallow bioretention basin. This type of LID device provides infiltration and a 6" deep
pond of water storage for absorption by the dense vegetation located throughout the basin.
Infiltration is aided by the layers of sand, organic layer/mulch, and planting soil on top of
the existing permeable soils. To the extent that the water is unable to infiltrate the basin, a
yard inlet is placed at the back in order to convey the surplus runoff to the downstream wet
detention basin, which will provide further pollutant removal. This bioretention basin is
designed to handle only the first inch of runoff; however, all water will be collected and
conveyed to the wet detention basin.
The final step in the series of stormwater control devices is the wet detention basin.
The purpose of this device is to:
v provide supplementary pollutant removal from the runoff that has already passed
through the grassed swales or the bioretention basin,
o pollutant removal for runoff that has not passed through any treatment device (roof
drains),
O and control the design runoff volume from the 10-year storm.
The wet detention basin has been designed to provide stormwater treatment for all of the
new impervious area without taking credit for the pervious pavement, grassed swales, and
bioretention basin. This will allow for a greater stormwater treatment capability than what is
typically required on a site of this size. The pond is designed with a forebay, which acts as a
settling basin for the incoming stormwater flow. After passing through a weir at the head of
the primary impoundment, water enters the permanent water quality pool. The pool depth
is three feet, which allows settling of smaller particles as well as pollutant removal. In
addition, the pond incorporates a temporary water quality pool which controls the runoff
from the 3" rainfall to aid in the settling of any suspended solids. It is important to note that
the proposed wet detention basin is nearly three tunes the size required by North Carolina
water quality guidance (required volume =10,625 ft3 vs. proposed volume = 27,389 ft3).
Used alone, each of these stormwater devices, except for die wet detention basin,
can not provide the essential infiltration, detention, and pollutant removal that is required
for any construction project. However, the stormwater plan for this site makes use of all
these devices in series which provides far greater benefits in each of these areas. This is
particularly important given the close proximity of the surface waters to the surrounding
wetlands. Furthermore, the placement of the grassed swales and a bioretention basin in the
August 16, 2006
Citizens for Responsible Water Management
Mr. James Marple
Page 3
interior of the parking area improves the aesthetics of the site by diminishing the
appearance of a mass paving lot that are seen on so many other locations.
If there are any questions, please contact Harold Brady at [phone] or by email
at [e-mail].
Sincerely,
Harold M. Brady
Project Scientist
Mulkey, Inc.
Cc: Tom Steffens, USACE
Ian I\Tcl\Man, NCDWQ
Kyle Barnes, NCDWQ
Steve Shriver, Dare County Engineering
Micheal Allen, Mulkey
Joe Wynn, Heery
Ed Kerber, Heery
\-
IN REPLY REFER TO
Regulatory Division
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
Washington Regulatory Field Office
P.O. Box 1000
Washington, North Carolina 27889-1000
Action ID No. SAW-2006-32369-128
Dare County Planning Department
Attention: Mr. Steve Shriver
211 Budleigh Street
Manteo, North Carolina 27954
Dear Mr. Shriver:
July 31, 2006
D
Please reference your application for a Department of the Army (DA) individual permit to
authorize the filling of 095 acres of DA jurisdictional wetlands for the purpose of constructing a
commercial building with associated parking at the Dare Justice Center located off U.S. Highway
64, adjacent to Croatan Sound, in Manteo, Dare County, North Carolina. The purpose of this
correspondence is to inform you that by e-mail correspondence dated July 7, 2006, we received
comments from the Citizens for Responsible Water Management regarding their review of the
public notice on your application.
It is the policy of the Department of the Army to provide an applicant the opportunity to
furnish a proposed resolution or rebuttal to all objections from government agencies and other
substantive adverse comments before a final decision is made on a proposed project. In this
regard, I would appreciate receiving any comments that you have on this matter. If you intend
to comment, please give your immediate attention to this matter so processing of your permit
can be expedited.
Thank you for your time and cooperation. If you have any questions, you may contact Tom
Steffens at the Washington Regulatory Field Office, telephone [phone] ext. 25.
Sincerely,

David M. Lekson, P.W.S
Chief, Washington Regulatory Field Office
Enclosure
Copies Furnished (with enclosure):
Mr. Ronald J. Mikulak, Chief
Wetlands Regulatory Section
Water Management Division
United States Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, GA 30303
Mr. Pete Benjamin
United States Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Ron Sechler
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
Ms. Cyndi Karoly
North Carolina Department of Environment
and Natural Resources
Division of Water Quality/Wetlands Unit
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Office Manager
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
1367 U.S. 17 South
Elizabeth City, North Carolina 27909
Mr. Pat McClain
Division of Land Resources
943 Washington Square Mall
Washington, North Carolina 27889
2
If] COPY
From: Barnett, Sharon L SAW
Sent: Monday, July 10, 2006 8:23 AM
To: Steffens, Thomas A SAW
Subject: FW: ORM ID: SAW 2006-32369-128
Tom
This may require a response.
From: [e-mail] [mailto:[e-mail]]
Sent: Friday, July 07, 2006 4:53 PM
To: Barnett, Sharon L SAW
Subject: ORM ID: SAW 2006-32369-128
In reapplication of Dare County Planning Department:
"to fill approximately 0.95 acres of Department of the Army jurisdictional wetlands for the purpose
of construction of a single building with associated parking ..."
Sharon
This project is in itself not "significant", involving a mere acre of wetlands, but it may become
important to Pamlico Sound users if conditioned to require application, to the fullest practicable
extent, the most sensible rainwater management mode, as recommended by federal and state
agenicies and advocated by every competent and conscientious professional in the land
management game.
Local government actions should set the pace for proper nps management with sensible onsite
management such as federal agencies have been required to use for several decades.
It seems safe to assume that no comprehensive watershed management plan has been
formulated by the Dare County Soil & Water Conservation District. (Influential residents of most
communities have worked hard to keep these agencies from functioning as State Legislators
designed them to do.) With this Plan the site would not use the piecemeal approach that has
done major damage to the quality of ACOE jurisdictional waters, its planners would know exactly
what fits into ACOE rules so that no complications would slow the work.
Despite this, if the planners of this site are required by the Corps to design it within the
guidelines that a model Plan would provide the local government agency would necessarily
contact this locally elected State agency and so benefit from its direct contacts with USDA-NRCS
technicians who have ready access to the EPA-advocated technologies that would provide simple
Best Management Practices to shape the landscape (LID planning) so that runoff is minimized.
This would obviously bring multiple public benefits while enhancing rather than damaging the
natural environment. Specically, it would:
- eliminate transport of NPS pollutants offsite
- maximize conversion of these pollutants to plant nutrients
- maximize public wellwater replenishment
- comply with EPA TMDL rules
- enhance streamflow stability
-incrementally reduce contamination of inshore ocean waters
- reduce costs of floodwater defense for downslope residents.
- improve the quality of wildlife habitat
It is of course appropriate that County government not defy State Law requiring the application
of "Corrective Methods" for managing rainwater so as to achieve the above benefits.
Legislators have not required enforcement of this law by Governors since these laws were
passed seventy years ago because bureaucrats have cooperated with other agents of profiteers
to fool them into not realizing the value of "Corrective Methods". The Corps is obligated to
observe State Statutes, however..
Seventy years ago North Carolina Soil & Water districts were assigned the task of developing
comprehensive plans "for flood prevention or the conservation, utilization and disposal of water
and development of water resources within the district". They were instructed: "these plans shall
specify in such detail as may be possible, the acts, procedures, performances, and avoidances
which are necessary or desirable for the effectuation of such plans, including the specification of
engineering operations ... and changes in use of land; and to bring such plans and information to
the attention of occupiers of lands within the district."
The ACOE's obligation to protect water quality has been greatly expanded in that time, giving it
more than adequate power and the unquestionable duty of working to implement the will of
Congress and State Legislators despite efforts of private persons and self-serving bureau
managers to evade this responsibilit
<http://www.enr.state.nc.us/DSWC/files/map2.htm>
North Carolina Soil Conservation Districts Law 1937 §139-2. Legislative determinations and
declaration of policy.
"It is hereby declared ... that failure by any land occupier to conserve the soil and control erosion
upon his lands causes a washing and blowing of soil and water from his lands onto other lands
and makes the conservation of soil and control of erosion on such other lands difficult or
impossible.... The consequences ... are a diminishing of the underground water reserve, which
causes water shortages ... causing severe and increasing floods, which bring suffering, disease,
and death ... The appropriate Corrective Methods ... to prevent floodwater and sediment
damages, and further the conservation, utilization, and disposal of water ... it is necessary that ...
appropriate soil-conserving land-use practices and works of improvement for flood prevention or
the conservation, utilization, and disposal of water and the development of water resources be
adopted and carried out.... among the procedures necessary for widespread adoption are the
carrying on of engineering operations such as the construction of terraces, terrace outlets, check-
dams, desilting basins, floodwater retarding structures, channel improvements, floodways, dikes,
ponds, ditches, and the like; the utilization of [contour cultivation] ... irrigation ... [revegetation]
with water-conserving and erosion- preventing plants, trees, and grasses ... retardation of runoff
by increasing absorption of rainfall ... It is hereby declared to be the policy of the legislature to
provide for the conservation of the soil ... and prevention of floodwater and sediment damages,
and for furthering the conservation, utilization, and disposal of water, and the development of
water resources and thereby to preserve natural resources, control floods, prevent impairment of
dams and reservoirs, assist in maintaining the navigability of rivers and harbors, preserve wildlife,
protect the tax base, protect public lands, and protect and promote the health, safety and general
welfare of the people of this State.
This planning would work no hardship, actually lowering site improvement costs if accomplished
through State universities that would provide "latest and best" planning and design for the site as
a model for all counties if they are contacted through the chain of communication that was set up
for this purpose by Congress, advised and funded through the USEPA, USDA and the Presidents
Council on Environmental Quality.
In essence, this site would be designed to maximize onsite retention or
rainwater. This would ensure that:
- Roof runoff is introduced to the soil in a way that will replenish soil moisture beneath it to
eliminate foundation-damaging desiccation and maintain soil stability beneath supporting
structures
- The parking area is composed of standard porous asphalt or concrete, or crushed stone, to
store and percolate all of its rainwater.
(plus that of necessarily impervious surfaces.)
- The site is graded, with berms-basins as needed to detain/retain/infiltrate up to at least the 2-
year storm event.
This is standard planning wherever conscientious public officials are properly instructed by well-
informed politicians. (Florida, Phoenix, e.g.)
Its cost savings come from eliminating need for drainage structures, overly wide streets, pollution
interception devices, off-site accommodation of runoff.and downslope remediation of polluted
runoff..
James Marple
for Citizens for Responsible Water Management
2793 Hwy 20 E
St Pauls, NC. 28384
[e-mail]
O?O? W AT ?9PG
? -i
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
June 12, 2006
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Dare County
Attn: Steven Shriver'
211 Budleigh Street
Manteo, North Carolina 27954
Subject Property: Dare County Justice Center Phase II
Dear Mr. Shriven
Chatham County
DWQ Project No. 06-0946
On June 9, 2006, the NC Division of Water Quality (DWQ) received your application for an Individual 401 Water
Quality Certification for wetland impacts associated with the Dare County Justice Center in Dare County. An Individual
404 Permit will be required for this project. Please note that the following must be received prior to issuance of a 401 Water
Quality Certification:
1. The 401 Certification cannot be processed until a copy of the Corps of Engineers Public Notice for this project is
received at the DWQ Central Office in Raleigh. No action is required on your part. The Corps of Engineers will
forward the Public Notice to this Office when it is published.
Until the information requested in this letter is provided, I will request (by copy of this letter) that the Corps of
Engineers place this project on hold. Also, this project will be placed on hold for our processing due to incomplete
information (15A NCAC 2H .0507(h)).
Thank you for your attention. If you have any questions, please contact me in our Central Office in Raleigh at (919)
733-1786.
Sincerely,
Cyndi Karoly, Supervisor
401 Oversight/Express Permitting Unit
cc: Corps of Engineers Washington Regulatory Field Office
Kyle Barnes, Washington DWQ Regional Office
File Copy
Central Files
Mulkey Engineers, Harold Brady, 6750 Tryon Road, Cary, NC 27511
060646DareCoJusticeCtrPI1(Dare)_IP_Need PN
49M
NCB Mr.
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (http://h2o.enr,stite.nc.us/ncwetlands)
Customer Service H: 1-877-623-6748
RE:IP for Dare County Justince Center Phase II
Subject: RE:IP for Dare County Justince Center Phase II
From: Laurie Dennison <[e-mail]>
Date: Mon, 12 Jun 2006 14:10:59 -0400
To: Kyle Barnes <[e-mail]>
Kyle -
Just set this up: 06-0946 Dare County
They said in cover letter that they sent you a copy & I wanted to make sure that
was true.
They sent $$ but I've not seen a public notice as yet.
Laurie
1 of 1 6/12/2006 2:11 PM
US Army Corps PUBLIC NOTICE
Of Engineers
Wihnington District
Issue Date: July 6, 2006
Comment Deadline: August 7, 2006
Corps ORM ID#: SAW- 2006-32369-128
The Wilmington District, Corps of Engineers (Corps) has received an application from
the Dare County Planning Department to fill approximately 0.95 acres of Department of
the Army jurisdictional wetlands for the purpose of construction of a single building with
associated parking located on the southwestern corner of North Carolina State Highway
64 and North Carolina State Highway 64 Business in Manteo, Dare County, North
Carolina.
Specific plans and location information are described below and shown on the attached
plans. This Public Notice and all attached plans are also available on the Wilmington
District Web Site at w,,vw.saw.usace.army.mil/wetlands -
D
O
Applicant: Dare County Planning Department LE Ong
Attention. Steve Shriver
211 Budleigh Street JUL 1 0 2006
Manteo, North Carolina 27954 DENR - WATER QUALITY
ETTI qp DS Mo STaR?,fVJATER RMCH
Authority
The Corps will evaluate this application and a decide whether to issue, conditionally
issue, or deny the proposed work pursuant to applicable procedures of Section 404 of the
Clean Water Act (33 U.S.C. 1344).
Location
The project is located on the northwestern corner of the intersection of United States
Highway 64 East and United States Highway 64 Business in Manteo, Dare County, North
Carolina.
Existing Site Conditions
The existing jurisdictional wetlands on this property have been disturbed in the past by
clearing and mowing. The predominant tree layer consists of scattered stands of Loblolly
Pine (Pinus taeda). Understory vegetation is regularly mowed and consists of Salt
Meadow Cordgrass (Spartina patens), Common Greenbriar (Smilax b071a-110x), Cattail
(Typhus spp.) and Poison Ivy (Toxicodendron radica71S).
Applicant's Stated Purpose
The applicant's stated purpose of the project is to construct a building that will
consolidate county administrative operations, increase efficiency by moving all county
administrative functions into one building, and reduce overall cost to the county
operations budget.
Project Description
The proposed project involves the construction of an administrative building and
associated parking lot/access in conjunction with the existing Dare Justice Center
building on the adjacent property. The construction of the administrative building will
permanently impact approximately 0.95 acres of jurisdictional wetlands.
Other Required Authorizations
This notice and all applicable application materials are being forwarded to the appropriate`
State agencies for review. The Corps will generally not make a final permit decision
until the North Carolina Division of Water Quality (NCDWQ) issues, denies, or waives
State certification required by Section 401 of the Clean Water Act (PL 92-500). The
receipt of the application and this public notice in the NCDWQ Central Office in Raleigh
serves as application to the NCDWQ for certification. A waiver will be deemed to occur
if the NCDWQ fails to act on this request for certification within sixty days of the date of
the receipt of this notice in the NCDWQ Central Office. Additional information
regarding the Clean Water Act certification may be reviewed at the NCDWQ Central
Office, 401 Oversight and Express Permits Unit, 2321 Crabtree Boulevard, Raleigh,
North Carolina 27604-2260. All persons desiring to make comments regarding the
application for certification under Section 401 of the Clean Water Act should do so in
writing delivered to the North Carolina Division of Water Quality (NCDWQ), 1650 Mail
Service Center, Raleigh, North Carolina 27699-1650 Attention: Ms Cyndi Karoly by
July 27, 2006.
The applicant has not provided to the Corps, a certification statement that his/her
proposed activity complies with and will be conducted in a manner that is consistent with
the approved North Carolina Coastal Zone Management Program. Pursuant to 33 CFR
325.2(b)(2), the Corps can not issue a permit for the proposed work until the applicant
submits such a certification to the Corps and the North Carolina Division of Coastal
Management (NCDCM), and the NCDCM notifies the Corps that it concurs with the
applicant's consistency certification.
Essential Fish Habitat
This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the
Magnuson-Stevens Fishery Conservation and Management Act. The Corps' initial
determination is that the proposed project will not impact EFH or associated fisheries
managed by the South Atlantic or Mid Atlantic Fishery Management Councils or the
National Marine Fisheries Service. This determination is based on the absence of any
estuarine or marine areas within the proposed project area.
Cultural Resources
The Corps has consulted the latest published version of the National Register of Historic
Places and is not aware that any registered properties, or properties listed as being
eligible for inclusion therein are located within the project area or will be affected by the
proposed work. Presently, unknown archeological, scientific, prehistoric, or historical
data may be located within the project area and/or could be affected by the proposed
work.
Endangered Species The Corps has reviewed the project area, examined all information provided by the
applicant and consulted the latest North Carolina Natural Heritage Database. Based on
available information, the Corps is not aware of the presence of species listed as
threatened or endangered or their critical habitat formally designated pursuant to the
Endangered Species Act of 1973 (ESA) within the project area. A final detennination on
the effects of the proposed project will be made upon additional review of the project and
completion of any necessary biological assessment and/or consultation with the U.S. Fish
and Wildlife Service and/or National Marine Fisheries Service.
Evaluation
The decision whether to issue a permit will be based on an evaluation of the probable
impacts, including cumulative impacts, of the proposed activity on the public interest.
That decision will reflect the national concern for both protection and utilization of
important resources. The benefit which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. All factors
which may be relevant to the proposal will be considered including the cumulative effects
thereof; among those are conservation, economics, aesthetics, general environmental
concerns, wetlands, historic properties, fish and wildlife values, flood hazards, flood plain
values (in accordance with Executive Order 11988), land use, navigation, shoreline
erosion and accretion, recreation, water supply and conservation, water quality, energy
needs, safety, food and fiber production, mineral needs, considerations of property
ownership, and, in general, the needs and welfare of the people. For activities involving
the discharge of dredged or fill materials in waters of the United States, the evaluation of
the impact of the activity on the public interest will include application of the
Environmental Protection Agency's 404(b)(1) guidelines.
Commenting Information
The Corps of Engineers is soliciting comments from the public; Federal, State and local
agencies and officials, including any consolidate State Viewpoint or written position of
the Governor; Indian Tribes and other interested parties in order to consider and evaluate
the impacts of this proposed activity. Any comments received will be considered by the
Corps of Engineers to determine whether to issue, modify, condition or deny a permit for
this proposal. To make this decision, comments are used to assess impacts on
endangered species, historic properties, water quality, general environmental effects and
the other public interest factors listed above. Comments are used in the preparation of an
Environmental Assessment (EA) and/or an Environmental Impact Statement (EIS)
pursuant to the National Environmental Policy Act (NEPA). Comments are also used to
determine the need for a public hearing and to determine the overall public interest of the
proposed activity.
Any person may request, in writing, within the comment period specified in this notice,
that a public hearing be held to consider the application. Requests for public hearings
.-shall state, with particularity, the reasons for holding a public hearing,. Requests. for a
public hearing shall be granted, unless the District Engineer determines that the issues
raised are insubstantial or there is otherwise no valid interest to be served by a hearing.
Written comments pertinent to the proposed work, as outlined above, will be received
by the Corps of Engineers, Wilmington District, until 5 p.m., August 7, 2006. Comments
should be submitted to Mr. Tom Steffens, Washington Regulatory Field Office, Post
Office Box 1000, Washington, North Carolina 27889-1000, telephone [phone],
extension 25.
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APPLICATId,., JR DEPARTMENT OF THE ARMY PERMIT
(33 CFR 325)
a..^)
OMB APPROVAL NO. 0710-0003
Expires December 31, 2004
The Public burden for this collection of information is sestimated to average 10 hours per response, although the majority of applications should require
5 hours or less.. This includes the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and
completing and reviewing the ccllection of information. Send comments regarding this burden estimate or any other aspect of this collection of
information, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters Service Directorate of Information
Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302; and to the Office of Management and Budget,
Paperwork Reduction Project (0710-0003), Washington, DC 20503. Respondents should be aware that notwithstanding any other;?rovsion?of law,
no person shall be subject to any penalty for failing to comply with a collection of information if it does not display a curTat(y=vali k4,6,-control
number. Please DO NOT RETURN your form to either of those addresses. Completed applications must be submitted lttc?q g bis i Engineer having
jurisdiction over the location of the proposed activity.
PRIVACY ACT STATEMENT
Authorities: Rivers and Harbors Act, Section 10, 33 USC 403; Clean Water Act, Section 404, 33 USC 1344; Marine Protection _ Research?a?td•
Sanctuaries Act, 33 USC 1413, Section 103. Principal Purpose: Information provided on this form will be used in evaluaLn t e apRhoa[ibn,for a
da
Pr a
permit Routine Uses: This information may be shared with the Department of Justice and other federal, state, and loci app ernment agencies.
Submission of requested information is voluntary, however, if information is not provided the permit application cannot be evaluated nor can a permit
be issued.
One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this
application (see sample drawings and instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed
activity. An application that is not completed in full will be returned. .
/ITEMS 1 THRU 4 TO BE F/L(FD BY THE CORPS)
1. APPLICATION NO. 2. FIELD OFFICE CODE 3. DATE RECEIVED
4. DATE APPLICATION COMPLETED
/LTF_MS BELOW TO BEF)LLCD BY APPL)CAAM
5. APPLICANT'S NAME B. AUTHORIZED AGENT'S NAME A14D TITLE (an 6.oenr is not reouired)
Dare County Harold Brady - Scientist
6. APPLICANT'S ADDRESS 9. AGENT'S ADDRESS
_ 211 Budleigh Street .6750 Tryon Road
Manteo, NC 27954 Cary, NC 27511
7.. APPLICANT'S PHONE NOS. W/AREA CODE 10. AGENT'S PHONE NOS. W/AREA CODE
a. Residence Mr. Steven Shriver a. Residence Mr. Harold Brady
b. Business [phone] b, Businecs (919) 858-1 804
11. STATEMENT OF AUTHORIZATION
I hereby authorize, to act in my behalf as my agent in the processing of this application and to
furnish, upon request, supplemental information in support of this permit application.
See attached Agent Authorization letter.
APPLICANT'S SIGNATURE DATE
NAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY
12. PROJECT NAME OR TITLE (seem rsL aoj
Date County Justice Center, Phase II
13. NAME OF WATERBODY. IF KNOWN ataw-hie) 1 14. PROJECT STREET ADDRESS (iopp)iceb)e)
N/A
15. LIDCATION OF PROJECT
Marshall C. Collins Drive
Manteo, NC 27954
Dare NC
COUNTY STATE `
16, OTHER LOCATION DESCRIPTIONS, IF KNOWN, (,re)nswcrions)
17. DIRECTIONS 70 THE SITE
From Washington, NC: Travel US 264 East to US 64 (near Mann's Harbor),
take US 64 East to US 264 Business, make a left at US 264 Business, then
take the first left onto Marshall C. Collins Drive. Site is on the left.
ENG FORM 4345, Jul 97 EDITION OF FEB 94 IS OBSOLETE. (Proponent: CECW-OR)
18. Nature of Activity (0es Prion ofpoje_, IrJude art farruresl
.Construction of administrative building within the Dare County Government
complex site. -Project will consist of a single building with.
associated parking. Proposed wetland fill consists of 0.95 acres of
non-riparian wetlands. Building details are included i.n.attachments.
19. Project Purpose Qesaibe the reason or purpas_ of the project, se_ insrrucvan )
Provide administrative offices and conference space for county
operational services.
USE BLOCKS 20-22 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED
20. Reason(s) for Discharge
Unavoidable impacts to jurisdictional wetlands due to the extensive
amount of wetlands on site. Avoidance and minimization measures are .
discussed in the attached cover letter.
21. Type(s) of Material Being Discharged and the Amount of Each Tvoe in Cubic Yards
Approximately 6146.8 cubic yards of fill dirt.
22. Surface Area in Acres of Wetlands or Other Waters Filled lseeinwvcronsl
0.95 acres of wetland fill.
23. Is Any Portion of the Work Already Complete? Yes= No IF YES, DESCRIBE THE COMPLETED WORK
24. Addresses df Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (If more than can be entered here,
please attach a supplemental list).
See attached cover letter.
25. List of Other Certifications or Approvals/Denials Received from other Federal, State or Local Agencies for Work Described in This Application.
AGENCY TYPE APPROVAL' IDENTIFICATION NUMBER DATE APPLIED DATE APPROVED DATE DENIED
NCEEP 4/26/06 5/3/06"?
NCDLR Soil & eros ion 5/12/06
NCDWQ Coastal sto mwater 5/12/06
`Would include but is not restricted to zoning, building and flood plain permits
25. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the information in this
appiication is complete and accurate. I further certify that 1 possess the authority to undertake the work described herein or am acting as the
duly authorized agent of the applicant.
SIGNATURE OF APPLICANT DATE SIGNATURE OF AGENT DATE
The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly
authorized agent if the statement in block 11 has been filled out and signed.
18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States
knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or
fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or
fraudulent statements or entry, shall be fined not more than $10,000 or imprisoned not more than five years or both.
VS D
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ENGINEER'S & CONSULTANTS JON ?
PO Box 33 127 p[I1t1 VdA1 infl G1UN,IIY
RALEIGH, NC 27636?Gi
PHONE: 919-B51-1912
FAX: [phone]B
;i
LETTER OF TRANSMITTAL
To: Ms. Cyndi Karoly Date: June 9, 2006
NC DENR/Division of Water Quality,
Wetlands Unit
1650 Mail Service Center, 2 0 0 6 0 9 4 6
Raleigh, NC 27699-1650 REGULAR MAIL
Re: Dare County Justice Center, Phase 2
Job No.:
2005180.00
am sending you the following item(s):
COPIES DATE NO. DESCRIPTION
5 Individual Permit Application
These are transmitted as checked below:
? As requested ? For your use
® For approval ? For Signatures
® For review and comment ?
Remarks:
Ms. Karoly,
Attached is a copy of the Individual Permit application for the Dare County Justice Center, Phase
2 project. I spoke with Ian McMillan a few days ago concerning this project and he recommended
that I send 5 copies directly to you and another copy directly to Kyle Barnes in the Washington
Regional Office. In addition, he recommended that I include a copy of the Stormwater Plan. Also
included is a check for $200 for the permitting fee.
Please give any comments concerning the IP package as soon as possible. If you have any
questions please contact me at [phone]. Thank you.
Copy to: Signed:
Harold Brady
Project Biologist
3 V-, L K Y
ENGINEERS .x CONSULTANTS
June 9, 2006
U.S. Army Corps of Engineers
Washington Regulatory Field Office
107 Union Drive, Suite 202
Washington, NC 27889
ATTN: Mr. Tom Steffens
Regulatory Permits Specialist
Dear Mr. Steffens,
Qman
r?@ ?ud?5
JUN - fl 200G
DkNlt • WME R QUALITY
1'1'1Ud?1? fdl'? ?Tf? ?l'??TEA?'ll`JCtf
Subject: Application for 404 Individual Permit and 401 Major Water Quality
Certification for the construction of the proposed addition to the Dare
County Justice Center, Dare County, North Carolina
Dare County is proposing to construct additional administrative buildings within the
existing Dare County Justice Center near the intersection of US Highway 64 and US
Highway 264 Business in Manteo, Dare County, North Carolina (see Figures 1 and 2). This
project will provide necessary administrative facilities needed to keep pace with the growth
of Dare County, and will be constructed on existing county-owned land next to the existing
Dare County Justice Center. Funding for the project is being provided by the county and
the state.
Introduction
The specific goal of the construction is to build a high quality administrative facility
for the people of Dare County. The project will create a self-contained and cost-effective
government facility in an environmentally sensitive and well-planned manner. The new
building will be located nett to the county's justice Center building. The Justice Center is
owned by Dare County and was constructed in 2001-2002 to provide modern facilties and
significantly more space for courthouse proceedings. The property is located within the
zoning jurisdiction of the Town of Manteo. Mulkey, Inc. (I\iulkey) has been retained to
provide land development design and Section 404/401 permit application services.
Both Dare County and the Town of I\Ianteo have included development of a County
government complex in their development and planning documents, as a way to address
future growth and demand for services. Further information concerning this proposed
project is provided in the Environmental Assessment (EA) document, dated November 1,
2000, which was previously submitted to the North Carolina State Clearinghouse and for
regulatory agency review. A Finding of No Significant Impact (FONSI) was completed in
early 2001. The EA considered both the existing Dare CountyJustice Center and future
outbuildings that include this proposed project. A reevaluation of the existing jurisdictional
wetland areas on the subject property was approved by the United States Army Corps of
Engineers (USACE) on June 28, 2005. The North Carolina Division of Coastal
Management (NCDCI\I) has declined jurisdiction over the wetlands and surface waters
within the proposed project area. A copy of the 2000 EA, 2001 FONSI and the 2005 JD are
MULKEY INC. 6750 TRYON ROAD CHARY. NC 27511 PC Box 331 27 RALEIGH. NC 27636 PM: 91 9-851-1912 FAx: [phone] WWW.MULKEYINC.COM
June 9, 2006
US Army Corps of Engineers
Mr. Tom Steffens
Page 2
included in Appendix A.
Purpose and Need
The plan to expand of the county facilities was developed in response to the forecast
need for consolidated county administrative operations, the desire to increase county
efficiency, and to reduce overall cost to the county operations budget. Proposed site uses
include expansion of the current administration facilities and the eventual construction of
additional county buildings and associated parking.
The purpose of the proposed project is to construct an administrative building
associated with the existing Dare County Justice Center building. This project will be
located on county property adjacent to the existing courthouse building. At present, some
county employees are still utilizing older, disjunct county buildings located throughout the
county, primarily in Manteo. This proposed construction would further alleviate problems
with communication between different county agencies and employees to make for a more
effective work environment. It would also continue to move all of the county service
employees to one location, which is the future goal of the Dare County planning
department.
Water Resources
Wetland delineations were originally completed for this project and subsequently
approved by the USACE in March 1999. The delineation boundaries were recertified by the
Corps during a field meeting held June 28, 2005.
The project is located in Pasquotank River subbasin 03-01-51 and USGS 8-digit
hydrologic unit 03020105. No streams are located within the project area; however, there is
a large culvert beneath US Highway 64 which hydrologically connects the wetland areas on
the project site to wetlands on the opposite side of the highway to the south. These
wetlands eventually drain into tributaries and marsh land associated with Roanoke Sound.
Surface water resources in the vicinity of the subject property include Shallowbag Bay (Class
SC waters) to the north, the Roanoke River (Class SC waters) to the east, and Croatan Sound
(Class SA waters) to the west. There are three areas of 303 (d) waters in the vicinity of the
project study area, the Roanoke Sound from Shallowbag Bay to Johns Creek approximately
1.5 miles east of the project area, Sandbeach Creek approximately 1.5 miles southeast of the
project area, and the Roanoke Sound at Mill Landing approximately 1.5 miles south of the
project area.
The existing jurisdictional wetlands on this property were significantly disturbed in
the past by extensive clearing. These areas are best classified as bottomland hardwood
wetlands as they were once part of the bottomland hardwood wetlands to the south prior to
the construction of US 64. The National Wetlands Inventory (NWI) classification is
palustrine saturated forest (PFO).
June 9, 2006
US Army Corps of Engineers
Mr. Tom Steffens
Page 3
Permanent Impacts: Project construction will create a total of 0.95 acres of
permanent fill in jurisdictional wetlands. These impacts are shown on the attached Wetland
Permit Impact Summary Table and permit design drawings.
Avoidance, Minimization, and Compensatory Mitigation
Section 404 of the Clean Water Act requires regulation of discharges into Waters of
the United States (U.S.). Surface waters, including lakes, rivers, and streams are subject to
jurisdictional consideration under the Section 404 program. Wetlands are also identified as
Waters of the U.S. Avoidance, minimization, and compensatory mitigation are considered in
sequential order when addressing impacts to Waters of the U.S. Avoidance and
minimization measures were incorporated during the project planning and National
Environmental Policy Act (NEPA) compliance stages as noted in the following sections.
Avoidance: The natural resources of the project site have been carefully used in
planning for this primary and driving use for the success of the proposed project. The
facilities have been designed to incorporate and enhance the natural resources of the site.
The wetlands are so extensive throughout the subject property that impacts to these areas
cannot be avoided except by choosing a no-build alternative. Undisturbed wetlands located
near the intersection of Marshall Collins Drive and US 264 Business will remain undisturbed
and will be avoided. Other adjacent tracts of county-owned land have been previously
placed into permanent conservation easements and will be avoided.
The project as planned avoids impacts on natural resources to the maximum extent
practicable. Avoidance of impacts on wetlands was a central effort in the many
considerations of infrastructure and facilities designs. The land plan, roads, utility corridors,
and other developmental aspects of the proposed project were all planned after the wetlands
were thoroughly investigated.
1\Iinimi7ation: Wedand impacts from the proposed building construction have been
minimized to the extent possible by aligning the building, parking lot, and associated
stormwater ponds to take advantage of the greatest amount of upland on the property. In
addition, a large retaining wall is planned for die southern edge of the building and parking
lots site to minimize the amount of wetland fill in these areas. Without this retaining wall
nearly all of these wetlands would need to be impacted by fill slopes in order to bring the
proposed construction to the required flood zone elevation.
Project-specific measures will be employed to minimize impacts to Waters of the
U.S. during project construction. All practicable means will be employed to minimize
wetland impacts due to runoff, sedimentation, or other construction activities. Best
Management Practices (BlAIPs) will be strictly enforced to control sedimentation during
project construction. Clearing and grubbing activities will be minimized where possible and
vegetation will be reestablished on exposed areas with judicious pesticide and herbicide
management. Appropriate measures will be taken to avoid spillage of construction materials
and provisions will be made for storing and handling waste materials in a manner that
prevents materials from entering the streams or wetlands.
June 9, 2006
US Army Corps of Engineers
Mr. Tom Steffens
Page 4
Compensatory Mitigation: Dare County has proposed to pay into the North
Carolina Ecosystem Enhancement Program (NCEEP) for all wedand impacts proposed for
this project. These impacts will be paid for at a 2:1 ratio. In a letter dated May 3, 2006
(attached) the NCEEP has agreed to provide in-lieu-fee mitigation for this project.
Utilities
Utility relocation is not anticipated with this project; however, water and sewer
connections will be included. Any environmental impacts from future utility relocations will
be the responsibility of the individual utility companies. The utility companies with services
located in the project vicinity include Eastern North Carolina Natural Gas Company,
Charter Communications, Dominion North Carolina Power, Sprint, Dare County Water
Department, and the Town of Manteo Waste Water Treatment Plant. A water line connects
to the courthouse building from US 64 Business along Marshall Collins Drive, and a sewer
line force main that runs along US 64 bypass, connects to the courthouse on the western
side of the building.
FEMA Compliance
The entire site is located within a designated Federal Emergency Management
Agency (FEMA) flood zone, Zone A6 (Nfap # 3753480220C, February 19, 1986).
Appropriate actions are being considered in the design of the proposed building to meet or
exceed elevation standards for buildings within the flood zone.
Indirect and Cumulative Impact Analysis
Existing rules for the 401 Water Quality Certification Program (15A NCAC
2H.0506(b)(4)) requires the NCDWQ determine that a project "does not result in.
cumulative impacts, based on past or reasonably anticipated future impacts, that cause or will
cause a violation of downstream water quality standards." A copy of the Indirect and
Cumulative Impact Study is included in Appendix A.
As noted in Section 3 of the EA document, existing land uses near the property are
primarily undeveloped forest land to the north, west, and south. East of the subject
property beyond Business Highway 64 is low-density residential and commercial
development. The nearest residential properties to the proposed Administrative Services
building are approximately 0.25 mile north of the building site.
Proposed future construction activities include the construction of an additional
county services building along US 264 Business near the current location of the Dare County
Alcohol Beverage Control (ABC) store. In addition, wetland remediation activities are
planned for the wetland areas immediately south of the proposed building (between US 64
and the proposed building site). These wetlands have been significantly disturbed in the past
from clearing, grubbing, digging, and mulching activities. A future remediation project
June 9, 2006
US Army Corps of Engineers
Mr. Tom Steffens
Page 5
would serve to make these wetlands functional again and provide for wetland education
opportunities.
Cultural Resources
The EA document indicated the North Carolina State Historic Preservation Office
(SHPO) found no documented historic properties within the project study area or in the
immediate surrounding areas that would be impacted by the proposed project. There has
been no change in structures since the 2000 EA.
Essential Fish Habitat
The 1996 amendments to the Magnuson-Stevens Fishery Conservation and Management
Act (NISFCI\iA) set forth a new mandate for the National Marine Fisheries Service (NMFS),
regional fishery management councils (FMCs) and other Federal agencies to identify and
protect important marine and anadromous fish habitat. The Essential Fish Habitat (EFH)
provisions of the MSFCI\iA support the Nation's overall marine resource management goals
- maintaining sustainable fisheries. The FMCS, with assistance from the NNIFS, have
delineated "essential fish habitat" for managed species. Essential Fish Habitat is defined in
the hiSFCIAiA as "those water and substrate necessary to fish for spawning, breeding,
feeding or growth to maturity." According to the proposed master plan associated with the
government center expansion, no estuarine areas exhibiting seagrass, creeks, mud bottoms or
estuarine water columns, or marine areas will be adversely impacted as a result of
construction.
Federally-Protected Species
Federal law requires that any federal action likely to adversely affect a species listed
as federally protected be subject to review by the U.S. Fish and Wildlife Service (USFWS) or
National Marine Fisheries Service (NMFS) (under the provisions of Section 7 of the
Endangered Species Act [ESA] of 1973, as amended). Prohibited actions which may affect
any species protected under the ESA are outlined in Section 9 of the Act. Other species may
receive additional protection under separate laws such as the Lacey Act Amendments of
1981, the Migratory Bird Treaty of 1999, the Marine Mammal Protection Act of 1972, or the
Eagle Protection Act of 1940. North Carolina Natural Heritage Program (NCNHP) maps
were reviewed in May 2005.
The March 9, 2006 USFWS list of federally protected species for Dare County, North
Carolina lists eight Endangered species and six Threatened species. The building site
consists of cleared land wide three small borrow ponds adjacent wetlands and a few young
loblolly pine (Pines taeda) trees throughout. The subject property provides suitable habitat
for the American alligator, glossy ibis, little blue heron, snowy egret, tricolored heron, star-
nosed mole, and Carolina glasswort. This suitable habitat is generally located within the
marsh and wetland areas. None of these species were observed during the field
investigations. A review of NCNHP records in May 2005 revealed no federally or state
listed species within one-mile of the project study area. Therefore, this project will have no
June 9, 2006
US Army Corps of Engineers
Mr. Tom Steffens
Page 6
impact on protected species. Table 1 in the Appendix depicts the federal and state protected
species listed for Dare County and their status.
Adjoining Property Owners
A review of the property parcels adjacent to the County's Justice Center Building
determined that there are 11 adjacent properties to the project site. The surrounding area
contains residential, commercial, and undeveloped properties. There are three residential
properties located near the northern corner of the site. There are two undeveloped
properties to the north and east of the subject property, and a vacant lot to the west between
commercial and residential properties. There are four commercial properties to the west,
two office buildings, a pharmacy, and an auto parts store. The North Carolina Department
of Transportation (NCDOT) owns a substantial amount of right-of-way associated with US
Highway 64 to the south of the subject property, and a smaller amount of right-of-way to
the east associated with US Highway 264 Business. The state of North Carolina also owns
the undeveloped forest land beyond US Highway 64 to the south. Table 2 lists the adjoining
properties, the owner name, and owner addresses. The property numbers correspond to the
property locations shown on Figure 3 (Appendix).
Table 2 Adjacent Pro erties to Date County justice Center
PROP PIN PARCEL OWNERI PHYSICAL
ADDRESS MAILING ADDRESS
HESTER, OSBOURNE R Osborne Hester,
TRUSTEE; SHAVER, 914 HWY 64/2 916 US Highway 64 and 26,
1 978912766044 25840000 GUSSIE H TRUSTEE 64 Manteo, NC 27954-9463
HESTER, OSBOURNE R
TRUSTEE; HESTER, Osborne Hester,
NAOMI COLLINS 916 US Highway 64 and 26,
2 978911752762 25840005 TRUSTEE 0 HWY 64/264 Manteo, NC 27954-9464
Attn: Terry Wheeler,
Dare County Manager,
County Administration Building,
211 Budleigh Street,
P.O. Box 1000,
3 978911750441 25840002 DARE COUNTY 0 HWY 64/264 Manteo, NC 27954
NC State Property Office,
NORTH CAROLINA 1321 Mail Service Center,
4 978915744491 25842000 STATE 0 HWY 64/264 Raleigh, NC 27699-132
Manteo Partners, LLC,
MANTEO PARTNERS, 1115 HWY 64/ 8639 Summerfield Lane,
5 978912858565 25816001 LLC 264 Huntersville, NC 28078
107 RUSSELL Goldie, LLC,
TWIFORD R P.O. Box 460,
6 978912856692 25812000 GOLDIE LLC D Manteo, NC 27954
100 Queen Elizabeth, LLC,
100 QUEEN ELIZABETH, 1013 HWY 64/ P.O. Box 66,
7 978912855774 25811000 LLC 264 Harbin er, NC 27941
MURRAY, CHARLES F JR Charles F. Murray, Jr.,
TRUSTEE; REVOCABLE 1011 HWY 64/ P.O. Box 875,
8 978912855833 25813000 LIVING TRUST 264 Manteo, NC 27954
June 9, 2006
US Army Corps of Engineers
Mr. Tom Steffens
Page 7

9

978912853858

25798001 MURRAY, C FRED;
MURRAY, RALPH
BRANTLEY

HWY 64/264 Charles F. Murray, Jr.,
P.O. Box 875,
Manteo, NC 27955
Artco Investments,
1001 HWY 64/ P.O. Box 5421,
10 978912853913 25798000 ARTCO INVESTMENTS 264 Raleigh, NC 27650
Wheeler C. Berry,
935 HWY 64/2 935 Highway 64/264,
11 978912861175 25794000 BERRY, WHEELER C 64 Manteo, NC 27954
Regulatory Approvals
Application is hereby made for a Section 404 Individual Permit as required for the
above-mentioned activities. Attached for your information are a copy of the 2000 EA, 2001
FONSI, design plans, permit drawings, impact summary, and a copy of the NCEEP
acceptance letter. We understand the application fee of $100 will be required once the
permit has been issued.
By copy of this letter, we are also requesting issuance of a 401 Water Quality
Certification from NCDWQ. In compliance with Section 143-215.3D(e) of the NCAC we
are enclosing $200 to act as payment for processing the Section 401 permit application.
Seven copies of the application are being provided to the North Carolina Department of
Environment and Natural Resources, Division of Water Quality, for their review.
If there are any questions, please contact Harold Brady at [phone] or by email
at [e-mail].
Sincerely,
641
Harold M. Brady
Project Scientist
Mulkey, Inc.
Attachments:
Figure 1 Project Vicinity
Figure 2 Land Use Aerial Photography
Figure 3 Adjacent Properties
NCEEP Mitigation Confirmation Letter
Indirect and Cumulative Effects Analysis Report
Permit Drawings and Impact Summary
Cc: Alex Marks, NCDWQ
Steve Shriver, Dare County Engineering
Micheal Allen, Mulkey
Joe Wynn, Heery
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Project Vicinity Map
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3
PROJECT OVERVIEW
. ? _ , ? ? ? ?? ? ?? ? Dare County Justice Center Figure No.
Adjoining Property Owners
E N G I N E E R S & C O N R U L T A N T S Dare County, North Carolina
Table 1 Protected Species Potentially Occurring in Dare County, North Carolina
Common Name Scientific Namc Federal Status State Status Suitable
Habitat
riz^, al
American alligator Allicatormissis:cptiensis T(S/A) T Yes
Bald eagle Hab'aeetzts leucocephalus T T No
Black rail Lvterallusjamaicensis FSC SR No
Black skimmer R)mchops Tiger SC No
"Buxton Woods" white-footed mouse Peromyscus lucoput buxtotri FSC SR No
Carolina water snake Nerodia sipedon milb'amengelri - SC No
Common tern Sterna hincndo - SC No
Glossy ibis Plegadisfalcirellus SC Yes
Green sea turtle Chelonia nrydas T T No
Gull-billed tern Sterna nilotica - T No
Hawksbill sea turtle Eretomochelw imhricata E E No
Kemp's ridley sea turtle L epidocbe?'s Cempii E E No
Least tern Sterna antillarum SC No
Leatherback sea turtle Dennochel}'.r conacea E E No
Little blue heron Egretta caemlea - SC Yes
Loggerhead sea turtle Caretta caretta T T No
Northern diamondback terrapin Afalaclemys terrapin terrapin - SC No
Outer Banks kingsnake Lam, ropellisSetarla SC No
Peregrine falcon Falco peregrinus E No
Piping plover Charadiius melodus T T No
Rafinesque's big-eared bat CaDrorhinus (=Plecotus) rafinesguii FSC T No
Red-cockaded woodpecker Picoides boreabs E E No
Red wolf Canis tzrfus EYP SR No
Roseate tern Sterna dougalbi E E No
Snowy egret Egretta tkiila SC Yes
Star-nosed mole - Coastal Plain Pop. Cond Aura aistata pop. 1 SC Yes
Timber rattlesnake Crotalus honidus SC No
Tricolored heron Egretta tricolor SC Yes
West Indian1\lanatee Tiicbechus manatus E E No
Vasatlar Plants
Carolina grasswort Lilaeopsis ca olinensis T Yes
"Dune bluecurls" Dicbostema sp. 1 FSC No
Long beach seedbox Luduigia brespes FSC - No
Saltmarsh spikerush Eleocbaris halophila - T No
Seabeach amaranth Amaranthuspranibrs T T No
Snowy orchid Platanthera nitea - T No
Lcgcnd
Endangered (E) A taxon "in danger of extinction throughout all or a significant portion of its range."
Threatened A taxon "likely to become endangered within the foreseeable future throughout all or a
significant portion of its range."
Federal Species of Concern (FSC) A species that may or may not be listed in the future (formerly C2 candidate species or species
under consideration for listing for which there is insufficient information to support listing.
Threatened due to similarity of appearance A species that is threatened due to similarity of appearance with other rare species and is liste
[f(S/A)] for its protection. These species are not biologically endangered or threatened and are not subject
to Section 7 consultation.
Experimental (EYP) A talon that is listed as experimental (either essential or nonessential). Experimental nonessential
cndangered species (e.g. red wolf) are treated as threatened en public land, for consultation
purposes, and as species proposed for listing on private land.
Specal Concern (SC) animal "Any species of wild animal native or once-native to North Carolina which is determined by the
NC Wildlife Resources Comm ssion to require monitoring but which may be taken under
regulations adopted under the provisions of this Article." (Article 25 of Chapter 113 of the
General Statutes; 1987)
Special Concern (SC) plant "Any species of plant in North Carolina which requires monitoring but which may be collected
and sold under regulations adopted under the provisions of [the Plant Protection and
Conservation Act]" (GS 19B 106:202.12).
Significantly Rare (SR) Species which are very rare in North Carolina, generally with 1-100 populations in the state,
generally substantially reduced in numbers by habitat destruction.
0.(6
APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT 160 OMB APPROVAL NO. 0710-0003
(33 CFR 325) (\ Q Expires December 31, 2004
The Public burden for this collection of information is sestimated to average 10 hours'per response, although the majority of applications should require
5 hours or less. This includes the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and
completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of
information, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters Service Directorate of Information
Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302; and to the Office of Management and Budget,
Paperwork Reduction Project (0710-0003), Washington, DC 20503. Respondents should be aware that notwithstanding any other provision of law,
no person shall be subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB control
number. Please DO NOT RETURN your form to either of those addresses. Completed applications must be submitted to the District Engineer having
jurisdiction over the location of the proposed activity.
PRIVACY ACT STATEMENT
Authorities: Rivers and Harbors Act, Section 10, 33 USC 403; Clean Water Act, Section 404, 33 USC 1344; Marine Protection , Research and
Sanctuaries Act, 33 USC 1413, Section 103. Principal Purpose: Information provided on this form will be used in evaluating the application for a
permit Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies.
Submission of requested information is voluntary, however, if information is not provided the permit application cannot be evaluated nor can a permit
be issued.
One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this
application (see sample drawings and instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed
activity. An application that is not completed in full will be returned.
/ITEMS 1 THRU 4 TO BE Flt I ED BY THE CORPS)
1. APPLICATION NO. 12. FIELD OFFICE CODE 13. DATE RECEIVED
4. DATE APPLICATION COMPLETED
/rTFMR RF/ nW Tr) RP F111 Frl RV eDDr rrn?V
5. APPLCANT'S NAME 8. AUTHORIZED AGENT'S NAME AND TITLE (anbpentisnotrecuired)
Dare Count Harold Brady - Scientist
6. APPLICANT'S ADDRESS 9. AGENT'S ADDRESS •; a r
/ Ei;, IT
Ph
211 Budleigh Street i
6750 Tryon Road
Manteo, NC 27954 Cary, NC 27511
Fr
I- -J L
7.. APPLICANT'S PHONE NOS. W/AREA CODE 10. AGENT'S PHONE NOS. W/AREA CODE '
a. Residence Mr. Steven Shriver a. Residence Mr. Harold Brady
b. Business [phone] b. Business [phone]
1 1 • STATEMENT OF AUTHORIZATION
I hereby authorize, to act in my behalf as my agent in the processing of this application and to
furnish, upon request, supplemental information in support of this permit application.
See attached Agent Authorization letter.
APPLICANT'S SIGNATURE DATE
NAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY
12. PROJECT NAME OR TITLE rsee insxrua orur
Dare County Justice Center, Phase II
13. NAME OF WATERBODY. IF KNOWN at.nnii-tvl )
N/A
15. LOCATION OF PROJECT
14. PROJECT STREET ADDRESS rilappbr blel
Marshall C. Collins Drive
Manteo, NC 27954
Dare NC
COUNTY STATE
16. OTHER LOCATION DESCRIPTIONS, IF KNOWN, rseeinstncrionsl
17. DIRECTIONS TO THE SITE
From Washington, NC: Travel US 264 East to US 64 (near Mann's Harbor),
take US 64 East to US 264 Business, make a left at US 264 Business, then
take the first left onto Marshall C. Collins Drive. Site is on the left.
LNG FOR 4345, Jul 97 EDITION OF FEB 94 IS OBSOLETE. (Proponent: CECW-OR)
18. Nature of Activity (Descrip6m of p-oiea, include ail twtures;
Construction of administrative building within the Dare County Government
complex site. Project will consist of a single building with
associated parking. Proposed wetland fill consists of 0.95 acres of
non-riparian wetlands. Building details are included in.attachments.
19. Project Purpose rDesaibe the reason a popose of Me projea, see inswaionsl
Provide administrative offices and conference space for county
operational services.
USE BLOCKS 20-22 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED
20. Reason(s) for Discharge
Unavoidable impacts to jurisdictional wetlands due to the extensive
amount of wetlands on site. Avoidance and minimization measures are
discussed in the attached cover letter.
21. Type(s) of Material Being Discharged and the Amount of Each Tvoe in Cubic Yards
Approximately 6146.8 cubic yards of fill dirt.
22. Surface Area in Acres of Wetlands or Other Waters Filled fseeinsuucvonsi
0.95 acres of wetland fill.
23. Is Any Portion of the Work Already Complete? Yes Q No L:aD IF YES. DESCRIBE THE COMPLETED WORK
24. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (If more than can be entered here,
please attach a supplemental list).
See attached cover letter.
25. List of Other Certifications or Approvals/Denials Received from other Federal, State or Local Agencies for Work Described in This Application.
AGFNCY TYPF APPROVAL' IOFNTIFICATION N11MRFR r)ATF APPI IFr) OATF APPROVFn r)ATF r1FNIFr) .
NCEEP 4/26/06 5/3/06"°
NCDLR Soil & eros ion 5/12/06
NCDWQ Coastal sto mwater 5/12/06
"Would include but is not restricted to zoning, building and flood plain permits
26. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the information in this
application is complete and accurate. I further certify that I possess the authority to undertake the work described herein or am acting as the
duly authorized agent of the applicant.
7 os o 8 oG
SIGNATURE OF APPLICANT DATE SIGNATURE OF AGENT DATE
The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly
authorized agent if the statement in block 11 has been filled out and signed.
18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States
knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or
fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or
fraudulent statements or entry, shall be fined not more than $10,000 or imprisoned not more than five years or both.
U.S. ARMY CORPS OF ENGINEERS
WILNIINGTON DISTRICT
Action Id. 200511092 County: Dare U.S.G.S. Quad: Manteo
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Agent: County of Dare
Address: Attn: Dave Clawsen
Post Office Box 1000
M_ anteo, North Carolina 27954
Telephone No.:
Property description:
tc
Size (acres) 5.14 Nearest Town Manteo
Nearest Waterway Croatan Sound River Basin Pasguotank
USGS HUC 03010205 Coordinates N35.890038 W-75.662742
Location description A 5.14 acre project area (parcels 0611, 1466, 4402) with wetlands (1.54 acres) connected to a
broad continuum which flows to the Croatan Sound located on northwest side of the NC 345 and US 641264
intersection, in Manteo, Dare County, North Carolina. (PIN #'s 9789-12-85-0611 9789-12-85-1466 9789-12-85-4402)
Indicate Which of the Following Apply:
_ Based on preliminary information, there maybe wetlands on the above described property. We strongly suggest you have
this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a
jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action
under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331).
There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or
our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
X There are wetlands on the above described project area subject to the permit requirements of Section 404 of the Clean
Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination
may be relied upon for a period not to exceed five years from the date of this notification.
_ We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our
present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely
delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps.
_ The wetland on your property have been delineated and the delineation has been verified by the Corps. We strongly
suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps.
Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property
which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed
five years.
X The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps
Regulatory Official identified below on 628/2005. Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(LAMA). You should contact the Division of Coastal Management in Elizabeth City, NC, at [phone] to determine
their requirements.
Pave 1 of 2
k
'f VnI
Action Idyl( 05110
v:
Placcm??t b edged of 511 material within waters of the US and/or wetlands without a Department of the Army permit may
ouus? olation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this
s;;;r?e?#serm.ination and/or the Corps regulatory program, please contact William Wescott at (2521975-1616 east 25..
B"'For Determination: This site exhibjts wetland criteria as described in the_1987 Corns Wetland Delineation Manual
and is part of a broad continuum of wetlands connected Croatan Sound.
Remarks: Description of project area is three adjacent parcels as depicted in the information submitted by Ouible &
Associates, P.C. on 05127/2005. I',(
Corps Regulatory Official: ,,, `'v? ?• s .
Date 06282005
Copy Furnjshed:
Brian Rubino, Quible & Associates, P.C.
Expiration Date 06/282010
Page 2 of 2
JURISDICTIONAL DETERMINATION . Revised 8/13/04
U.S. Army Corps of Engineers
DISTRICT OFFICE: CESAW-RG-W
FILE NUIIIBER: 200511092
PROJECT LOCATION INFORMATION:
State: North Carolina
County: Dare
Center coordinates of site (latitude/longitude): N 35.890038/ W-75.662742
Approximate size of area (parcel) reviewed, including uplands: 5.14 acres.
Name of nearest waterway: Croatan Sound
Name of watershed: Pasquotank River Basin
JURISDICTIONAL DETERMINATION
Completed: Desktop determination Date:
Site visit(s) Date(s): 0510512005
Jurisdictional Determination (JD):
Preliminary JD - Based on available information, ? there appear to 8e (or) ? there appear to be no "waters of the United States"
and/or "navigable waters of the United States" on the project site: A preliminary JD is not appealable (Reference 33 CFR part
331).
Approved JD -An approved JD is an appealable action (Reference 33 CFR part 331).
Check all that apply:
There are "navigable waters of the United States" (as defined by 33 CFR part 329 and associated guidance) within the reviewed
area Approximate size of jurisdictional area:
There are "waters of the United States" (as defined by 33 CFR part 328 and associated guidance) within the reviewed area
Approximate size of jurisdictional area: 1.54 acres.
There are "isolated non-navigable, infra-state waters or wetlands" within the reviewed area
'El Decision supported by SWANCC/Mgratory Bird Rule Information Sheet for Determination of No Jurisdiction.
BASIS OF JURISDICTIONAL DETERMINATION:
A. Waters defined under 33 CFR part 329 as "navigable waters of the United States":
The preserice'of waters that are subject to the ebb and flow of the tide and/or are presently used, or have been used in
the past, or may be susceptible for use to transport interstate or foreign commerce.
B. Waters defined under 33 CFR part 3283(a) as "waters of the United States":
(1) The presence of waters, which are currently used, or were used in the past, or may be susceptible to use in
interstate or foreign commerce, including all waters which are su. ect to the ebb and flow of the tide..
(2) The presence of interstate waters including interstate wetlands .
(3) The presence of other waters such as intrastate lakes, rivers, streams (inc'ludin_ g intermittent streams), mudflats, sandflats,
wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds, the use, degradation or destruction of which could
affect interstate commerce including any such waters (check all that apply):
? (i) which are or could be used by interstate or foreign travelers for recreational or other purposes.
? (ii) from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
? (iii) which are or could be used for industrial purposes by industries in interstate commerce.
[ (4) Impoundments of waters otherwise defined as waters of the US.
(5) The presence of a tributary to a water identified in (1) - (4) above.
(6) The presence of territorial seas.
(7) The presence of wetlands adjacency2 to other waters of the US, except for those wetlands adjacent to other wetlands.
Rationale for the Basis of Jurisdictional Determination (applies to any boxes checked above). If the jurisdictional water or
wetland is not itse f a navigable water of the United States, describe connection(s) to the downstream navigable waters. IfB(I) orB(3)
is used as the Basis of Jurisdiction, document navigability and/or interstate commerce connection (i.e., discuss site conditions, including
why the waterbody is navigable and/or how the destruction of the waterbody could affect interstate orforeign commerce). IfB(2, 4, 5 or
6) is used as the Basis of Jurisdiction, document the rationale used to make the determination. IfB(I) is used as the Basis of
Jurisdiction, document the rationale used to make adjacency determination: This site exhibits wetland criteria as described in the 1987
Corps Wetland Delineation Manual and is part of a broad continuum of wetlands connected to Croatan Sound.
Lateral Extent of Jurisdiction: (Reference: 33 CFR parts 328 and 329)
Ordinary I-Iigb Water Mark indicated by: J High Tide Line indicated by:
? clear, natural line impressed on the bank ? oil or scum line along shore objects
? the presence of litter and debris ? fine shell or debris deposits (foreshore)
? changes in the character of soil ? physical markings/characteristics
? destruction of terrestrial vegetation ? tidal gages
? shelving ? other.
? other.
Mean High Water Mark indicated by.
? survey to available datum; ? physical markings; ? vegetation lines/changes in vegetation types.
Wetland boundaries, as shown on the attached wetland delineation map and/or in a delineation reportprepared by. Brian Rubino,
Quible & Associates, P.C.
Basis For Not Asserting Jurisdiction:
The reviewed area consists entirely of uplands.
Unable to confirm the presence of waters in 33 CFR part 328(a)(1, 2, or 4-7).
Q Headquarters declined to approve jurisdiction on the basis of 33 CFR part 3283(a)(3).
? The Corps has made a case-specific determination that the following waters present on the site are not Waters of the United States:
? Waste treatment systems, including treatment ponds or lagoons, pursuant to 33 CFR part 328.3.
? Artificially.inigated areas, which would revert to upland if the irrigation ceased.
? Artificial lakes and ponds created by excavating and/or diking dry land to collect and
retain water and which are used exclusively for such purposes as stock watering, irrigation, settling basins, or rice growing.
? Artificial reflecting or swimming pools or other small ornamental bodies of water created
by excavating and/or diking dry land to retain water for primarily aesthetic reasons.
? Water-filled depressions created in dry land incidental to construction activity and pits excavated in dry land for the purpose
of obtaining fill, sand, or gravel unless and until the construction or excavation operation is abandoned and the resulting
body of water meets the definition of waters of the United States found at 33 CFR 328.3(a).
? Isolated, intrastate wetland with no nexus to interstate commerce.
? Prior converted cropland, as determined by the Natural Resources Conservation Service. Explain rationale:
? Non-tidal drainage or irrigation ditches excavated on dry land. Explain rationale:
? Other (explain):
DATA•REVIEWED FOR JURSIDICTIONAL DETEMBNATION (mark all that apply):
Maps, plans, plots or plat submitted by or on behalf of the applicant
Data sheets prepared/submitted by or on behalf of the applicant
® This office concurs with the delineation report, dated 05272005, prepared by (company): Quible & Associates
? This office does not concur with the delineation report, dated , prepared by (company):
Data sheets prepared by the Corps.
Corps' navigable waters' studies:
U.S. Geological Survey Hydrologic Atlas: '
U.S. Geological Survey 7.5 Minute Topographic maps: Manteo
U.S. Geological Survey 7.5 Minute Historic quadrangles:
U.S. Geological Survey 15 Minute Historic quadrangles:
USDA Natural Resources Conservation Service Soil Survey: Dare County sheet 6
National wetlands inventory maps:
State/Local wetland inventory maps:
FEMA/FIRM maps (Map Name & Date):
100-year Floodplain Elevation is: (NGVD)
Aerial Photographs (Name & Date):
Other photographs (Date):
Advanced Identification Wetland maps:
Site visit/determination conducted on: 05/052005
= Applicable/supporting case law:
Other information (please specify):
Wetlands are identified and delineated using the methods and criteria establisbcd in the Corps Wetland Delineation Manual (87 Manual) (i.e., occurrence of
bydrophytic vegetation, bydric soils and wetland bydrology).
=The term 'adjacent' means bordering, contiguous, or neighboring. Wetlands separated from other waters of the U.S. by man-made dikes or barriers, natural
river berms, beach dunes, and the like are also adjacent

17,
NC)l ITIf ?7'.[U? (l1+ RA, 7L,
1Pi'L:il: (?i' i 1UN4 r?l`?1) 1'iZ(?( l:'i5 1?VIll
Ct ( -T c t 01Z A 1 1' '1 11,1
_
Applicant: County of Dare File Number: 200511092 Date: 06/28/2005
Attached is: See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of A
e=ssion
_ PROFFERED PERMIT Standard Permit or Letter of permission) B
PERMIT DENIAL C .
APPROVED JURISDICTIONAL DETERMINATION D
PRELRyIINARY JURISDICTIONAL DETERMINATION E
S.Fe ION ihe'fc?llnwln? t?3Nrw?ifttti our'ri?Jh"tti L'ica upt7?n? regarciili? ?n 'cj?i>>r?istriil«f"ri??p a1'o?t1i?., al?o?c

u?-?..??nn? iuwu? nut iie wi?ua?n ru u?ur iii ?l???l X11 ai t?U?r, ???ti ti1 U1?11L llLlA JiJlll111LL ILUJUll1115i?1l ?, 1',C I,N I), IL.?' C)I'
t'arp? r gLilatiun? az ; ; CFl` Pa1.t ?? l: -
A: ENTTIAL PROFFERED PERAHT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized- Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
OBJECT: If you object to the permit (Standard or LOP) because of.certain terms and conditions therein, you
may request that the permit be modified accordingly. You must complete Section II of this form and return
the form to the district engineer. Your objections must be received by the district engineer within 60 days of
the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your
letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your
concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having
determined that the permit should be issued as previously written. After evaluating your objections, the
district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and
conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal
Process by completing Section II of this form and sending the form to the division engineer. This form must
be received by the division engineer within 60 days of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative
Appeal Process by completing Section U of this form and sending the form to the division engineer. This form
must be received by the division engineer within 60 days of the date of this notice.

): APPROVED JURISDICTIONAL DETERNIINATION: You may accept or appeal the approved JD or
rovide new information.
ACCEPT: You do not need to notify the Corps to accept an approved JD. 'Failure to notify the Corps withifi 60 days of the date of
this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
APPEAL: If you disagree with the approved JD, you'may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by
the division engineer within 60 days of the date of this notice.
PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
;garding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved
3 (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new
Lformation for further consideration by the Corps to reevaluate the JD.
FI1UNlI )Z1=DUI:ST>UR??1'I?H?Liir{)I3lCll{>N? I;t? ?N'1N11'1?1I Y-3Z'c)f1IP :I):1'1ZNiT1. ",.
EASONS -FOR APPEAL: OR OBJECTIONS: (Describe your reasons for appealing the decision or your
bjections to an initial proffered permit in clear concise statements. You may attach additional information to ,
ds form to clarify where your reasons or objections are addressed in the administrative record.)
DDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
.emorandum for the record of the appeal conference or meeting, and any supplemental information that the
:view officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
ay add new information or analyses to the record. However, you may provide additional information to clarify
.e location of information that is already in the administrative record.
?_ ._ T car :c?1Tcro r, ?r?T1o Qk n- c?ta.rz? r<T:
you have questions regarding this decision If you only have questions regarding the appeal process you
id/or the appeal process you may contact: may also contact:
rilliam Wescott
USACE Mr. Mchael F. Bell, Administrative Appeal Review Officer
,
)st Office Box 1000 CESAD-ET-CO-R
'ashington, North Carolina 27889 U.S. Army Corps of Engineers, South Atlantic Division
52) 975-1616 ext 25. 60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-8801
(GHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any
)vernment consultants, to conduct investigations of the project site during the course of the appeal process. You
ill be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site
vesti ations.
Date: Telephone number:
gnature of appellant or agent.
DIVISION ENGINEER:
Commander
U.S. Army Engineer Division, South Atlantic
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-3490
t ,
-`?
e4
"/ `4...i,,
COUNTY OF DARE
Planning Department
P.O. Box 1000, Mantoo, North Carolina 27054
Manleo: [phone]
KDH Satellite: [phone]
Buxton: [phone]
May 16, 2006
Harold Brady
Mulkey Engineers & Consultants
6750 Tryon Road
Cary, NC 27511
Re: Permit Application Process
Dare County Justice Center Project, Phase 2
Dear Mr. Brady:
Please accept this letter as authorization for Mulkey Engineers & Consultants to act on
behalf of Dare County in the 404/401 permit application process for the above referenced
project.
If you should have any questions or need any additional information, please contact me at
252-475-5935.
Sincerely,
Dare County Planning Department
grou 55t??
Steven S. Shriver, PC
County Enbincer
LAND OF BEGINNINGS
Qualitative Indirect and
Cumulative Impacts Assessment
of the
Administrative Services Building
Dare County Justice Center
Dare County
Dare County, North Carolina
Prepared for
NC Division of Water Quality
Prepared by
?MULKEY
61: 611<E[RB t. GCKEUl:4!1TE
May 2006
Qualitative Indirect and
Cumulative Impacts Assessment
of the
Administrative Services Buildings
Dare County Justice Center
Project Introduction
Dare County proposes to construct an additional administrative building with associated
parking on an undeveloped portion of the existing Dare County Justice Center site. This
expansion is part of the long-range county planning to bring county services to one location.
This document is meant as an addendum to the original Environmental Assessment (EA)
document, Section E "Predicted Environmental Effects of Projects."
Study Area
The purpose of this indirect and cumulative impact summary is to provide an assessment of
the effects the proposed project will have on natural resources in the watershed surrounding
the project area. The Council on Environmental Quality describes indirect impacts as those
"that are caused by the action and are later in time or farther removed in distance, but are
still reasonably foreseeable" (40 CFR 1508.8). Cumulative effects, are "impacts on the
environment which results from the incremental impact of the action when added to other
past, present, and reasonably foreseeable future actions regardless of what agency (federal or
nonfederal) or person undertakes such other actions" (40 CFR 1508.7).
The area studied for this assessment is generally Dare County's jurisdictional boundaries,
specifically the central portion of Roanoke Island where the project site is located. This
watershed area is included in U.S. Geological Survey (USGS) hydrologic unit 03020105. The
surrounding area contains low-density residential and commercial properties, with
undeveloped foresdand and marshland throughout.
The property currently supports the existing Dare County Justice Center, which houses the
county tax offices, Register of Deeds, Sheriffs office, holding cells, five courtrooms, and
Clerk of Court offices with support facilities. The future plans for the property is to
centralize all of the county services to a central location with acceptable transportation
access.
Documentation and Background Information
The following documents are incorporated as supporting documentation and as references
for this assessment. They are:
Dare County Justice Facility, an Analysis of Alternatives (August 2000): The review
process included assessments of available properties on Roanoke Island that are
sufficient in area for the project, associated environmental impacts, cost of the available
properties, traffic flow and potential congestion at the sites reviewed, accessibility to the
courthouse by all citizens of Dare County, safety issues related to transportation of
prisoners by law enforcement officers to the facility and associated security for attorneys,
judges, and courthouse personnel.
• Draft Roanoke Island Transportation Plan: The purpose of this plan was to develop a
transportation plan that identifies potential transportation projects for short-term, mid-
term, and long-term conditions. As a planning level document, this transportation plan
for Roanoke Island establishes the general guidance and direction for the future
transportation network on Roanoke Island.
Natural Resources
Natural resource investigations were conducted by Mulkey, Inc. (Mulkey) personnel in May
2005 for the proposed project Quible & Associates conducted previous wetland
delineations on the subject property and a formal jurisdictional determination re-verification
was approved by the USACE for the site on June 28, 2005.
Potential for Indirect and Cumulative Effects
According to guidance developed for assessing indirect and cumulative impacts caused by
implementation of building projects, several factors are taken into consideration when
evaluating the potential for impacts. The following is an assessment of these factors as they
relate to the proposed project
• Conflict with Local Plan
As previously discussed, the proposed project is consistent with local and regional planning
and is included in Dare County's planning documents. It is not in conflict with any local or
regional land use plans or zoning.
• Explicit Economic Development Purpose
The purpose of this project is to provide additional office and conference space for various
existing county services.
• Stimulation of Complimentary Land Development
Stimulation of complimentary land development is most likely to occur when projects are
located near undeveloped sites. Complementary development can occur in either urban or
suburban areas, and is more likely to be associated with a greater proportion and mix of
higher density uses. Since this is merely an addition to the existing Dare County Justice
Center complex little off-site development is anticipated to occur from the construction of
this project The majority of the development that has occurred since the original Dare
Justice Center was completed in 2002 has been the result of the recently constructed 4-lane
US Highway 64 bypass of Manteo.
2
• Notable Features in the Project Area
Jurisdictional wetlands are found throughout the proposed construction site. These
resources are described in the attached cover letter report Efforts have been taken to avoid
and minim;7e the impacts to wetlands as much as feasible.
The layout of the building and associated parking were oriented so as to use the greatest
amount of non-wetland acreage. Also, a retention wall will be constructed on the south side
of the proposed building to significantly minimise wetland impacts.
Analysis of Indirect and Cumulative Impacts
This analysis is by necessity a brief overview of potential impacts to natural resources from
indirect and cumulative effects. A summary of the indirect and cumulative effects analysis
indicates the following.
• Growth trends indicate that Dare County, the Town of Manteo, and surrounding areas
are continuing to grow, driven primarily by a tourism industry found throughout coastal
communities. All community services are then by necessity needed to grow to meet the
demands of the population. This proposed Administrative Services building will serve to
provide current and future needs for county services from its citizens.
• The undeveloped land surrounding the Dare County site will likely remain undeveloped
due to significant wetland and coastal acreages and because it is land-locked with no
roadway access available. In addition, a substantial portion of the surrounding
undeveloped land has been placed into a permanent conservation easement from the
construction of the original Dare County Justice Center building.
• Local changes in zoning designations or land use are not anticipated as a result of this
project The surrounding area is zoned for residential and commercial development,
which will potentially create more impervious surface per acre than existing levels. This
could lead to increases in surface water runoff from these surfaces; however, this project
is not anticipated to spur this growth.
• The project area contains both wetland and non-wetland areas that have been
significantly disturbed in the past from clearing, grubbing, digging, and mulching
activities. The wetlands are not fully functioning and are not high quality. Therefore,
these communities are not unique and provide wildlife habitat primarily to those species
that have adapted well to man-dominated or altered communities.
• Due to the distance from the Roanoke or Croatan Sounds, water quality degradation is
not anticipated from the construction of the proposed administrative building. Strict
adherence to all federal, state, and local regulations during construction will help ensure
that the surface waters are not negatively impacted or that impacts are minimal
• The potential does not e?:ist for private residences to transition to businesses due to
implementation of this project
• The consequences of potential ecological effects are expected to be minor since the
project site is in a suburban area. With proper adherence to regulations, it is anticipated
that this project will not produce substantial changes in the ecological makeup of the
study area; therefore, the consequences of such effects are expected to be minimal.
Mitigation of Indirect and Cumulative Impacts
Several layers of federal, state, and local regulations and ordinances designed to protect the
natural environment, and water quality in particular, already exist All development projects,
whether completed by Dare County or other entity, must follow these guidelines in order to
mitigate potential indirect and cumulative impacts.
The regulations and programs listed below are not intended to be definitive or restrictive.
New rules and regulations may be promulgated in the future that will provide additional
levels of environmental protection.
Federal and State Regulations
Clean Water Act: Section 404 and Section 401. These programs regulate impacts to
jurisdictional surface waters, including streams, wetlands, and certain impounded waters.
All private and public construction activities must obtain applicable permits and
certifications prior to commencing work that will affect these regulated resources.
Primary components of the 404 and 401 programs is the requirement for avoidance and
minimization of impacts before the agencies consider permit applications.
• Clean Water Act: Section 303(d). Waters identified by the State as not supporting the
intended uses must be identified on a statewide list of impaired waters. Water pollution
sources must be identified and the total maximum daily limits (nfDL) of pollutants
allowed must be allocated among the permitted dischargers.
• Clean Air Act: The subject property is located in an area classified as a "complete
attainment" area by the North Carolina Department of Air Quality. The air quality is
expected to remain within allowable pollutant levels.
• Endangered Species Act of 1973: Protects and conserves natural habitats of species that
have been listed by the US Fish and Wildlife Service (USFWS) as threatened or
endangered.
• National Flood Insurance Program (NFIP): Protects stream riparian areas and wetlands,
as well as water quality, by restricting floodplain development Dare County and the
Town of Manteo flood protection program meets or exceeds requirements of the non-
regulatory national program.
• National Pollution Discharge Elimination System (NPDES): Stormwater discharges
controlled by NPDES are regulated by NCDWQ's Phase I and Phase II permit program.
Under the Phase II program, local governments are required to implement measures for
reducing and managing stormwater.
4
North Carolina Archaeological Resources Protection Act (NCARPA): Archaeological
resources on private or public lands are protected under NCARPA, the Unmarked
Human Burial and Human Skeletal Remains Protection Act, the North Carolina
Archeological Record Program, the State Environmental Protection Act, and other
federal laws. The USACE requires an archeological review for projects needing a
Section 404 permit.
North Carolina Sedimentation and Pollution Control Act Land disturbing activities
such as construction projects must install and maintain adequate sediment control
measures that prevent sediment from entering streams. The NC Division of Land
Resources regulates construction activities by requiring application for a sediment and
erosion control permit.
• North Carolina Clean Water Management Trust Fund: A non-regulatory program that
was created to address water quality problems by eliminating pollution, protecting and
conserving unpolluted surface waters, and establishing riparian buffers.
Conclusion
It is reasonable to conclude that construction of the proposed Administrative Services
building will not increase ecological impacts beyond those expected from current and future
development plans for the region. The federal, state, and local regulations and ordinances
that currently exist adequately provide protections for the natural environment and provide
controls to limit indirect and cumulative impacts.
FINDING OF NO SIGNIFICANT IMPACT
Environmental Assessment for the Dare County Justice Facility
Dare County
February 15, 2001
An environmental assessment (EA) has been prepared pursuant to the requirements of the
North Carolina Environmental Policy Act for the proposed Dare County Justice Facility. A new
courthouse will be constructed on Roanoke Island in Dare County. This courthouse will consist
of a two story primary building with two smaller out buildings and approximately 5 acres of
parking facilities. This facility will consolidate services related to judicial matters into a facility
that will better serve the needs of the County citizens. This project will be located on Roanoke
Island in eastern Dare County.
The abundance of wetlands on the 80-acre site presented a challenge for this project,
however, the issues have been resolved. Approximately 60 acres are designated as wetland areas
requiring a federal permit. In addition a wetland mitigation plan was required. The water
resources of the region include surface waters in streams and drainageways and groundwater.
None of the water resources of the region are likely to be impacted as a result of this project.
There are no shellfish leases within the vicinity of this site. Air quality and noise levels may be
impacted during the construction phase of this project, but the impacts are not likely to be long-
term.
A detailed "alternatives analysis" was conducted to evaluate the best location for the new
justice facility. The "alternatives analysis" looked at numerous sites as well as renovating the
existing courthouse in Manteo. The final location presented in the Environmental Assessment
was chosen as it met all requirements needed to consolidate judicial activities into a centralized
location.
Mitigative measures will be incorporated into the project to reduce or eliminate further
environmental impacts. These include providing mitigation at the rate of 20:1 for impacts to
existing wetlands. 2.73 acres of wetland are anticipated to be affected by this project; hence,
Dare County has also agreed to purchase mitigation credits at a ratio of 2:1 in an approved
mitigation bank or by direct payment to an appropriate conservation fund. In addition,
stormwater management facilities will be in place to minimize impacts of runoff.
Based on the findings of the EA and on the impact avoidance/mitigation measures contained
therein, it is concluded that the proposed project will not result in significant impacts to the
environment. This EA and Finding of No Significant Impact (FONSI) are prerequisites for the
issuance of the permit actions by the Division of Water Quality. Pending approval by the State
Clearinghouse, the environmental review for this project will be concluded. An environmental
impact statement will not be prepared for this project.
Division of Water Quality
February 15, 2001
Email communications concernin! the EA and FONSI
Cindy,
If I recall that FONSI is less than five years old. Provided the new
building was considered in it and no changes are proposed to what the
FONSI authorized, the project can proceed to permitting. Please attach
a copy of the FONSI to the permit application.
Alex
-----Original Message-----
From: Melba McGee [mailto:[e-mail]]
Sent: Tuesday, April 25, 2006 1:28 PM
To: Cindy Carr
Subject: Re: FW: SEPA Requirements for Dare County Project
Normally, I ask that the EA/FONSI be resubmitted if its older than 5-6
years and there have been significant changes. Since this project has
not changed and they still need the 401/404 go ahead with the permit
application process. Mulkey does not need to submit anything regarding
SEPA. If you have any other questions, let me know.
Cindy Carr wrote:
> Melba,
> I sent the email below to Alex Marks and received reply that he is
out
> of the office this week. We have a critical time line to resolve our
> questions, so I'm submitting this to you for any help you can
provide.
> Please call me if you'd like to discuss this project or if you need
> additional information.
> Thanks
> Cindy Carr
----------------------------------------
> *From:* Cindy Carr
> *Sent:* Tuesday, April 25, 2006 1:05 PM
> *To:* '[e-mail]'
> *Subject:* SEPA Requirements for Dare County Project
> Alex,
> I was referred to you by Ian McMillan/DWQ Permitting Unit as the
> likely person who could answer questions I have regarding SEPA
> requirements for a Dare County project we're working on. Some
history:
> An EA/FONSI was written and submitted through the Clearinghouse in
> 2000 for a new Justice Center building built by Dare County
> government. It was built on a parcel of land that was developed to
> accommodate a total of 4 buildings to be constructed in phases. Now,
> the County is ready to construct the second building on this site.
> This new building will create about 1.2 acres of wetland impacts and
> Mulkey has been coordinating with the Army Corps for application of
an
> Individual Permit.
> There are no SHPO or archeology changes, no T&E species changes, and
AMR
D
SINCE 1959
ENVIRONMENTAL ASSESSMENT
for
DARE COUNTY JUSTICE FACILITY
ROANOKE ISLAND, DARE COUNTY,
NORTH CAROLINA
Prepared For:
North Carolina Division of Water Quality
and
Dare County
Prepared By:
Quible & Associates, P.C.
Engineering - Environmental Sciences - Planning
PO Drawer 870
Kitty Hawk, North Carolina 27949
[phone] FAX [phone]
E-Mail - [e-mail]
Project Number P00051
November 1, 2000
ENVIRONMENTAL ASSESSMENT
DARE COUNTY JUSTICE FACILITY
ROANOKE ISLAND, DARE COUNTY, NORTH CAROLINA
TABLE OF CONTENTS
A. Proposed Project Description
B. Purpose and Need for Proposed Project
C. Alternatives Analysis
D. Existing Environmental Conditions of Project Area
1. Topography
2. Soils
3. Land Use
4. Wetlands
5. Prime or Unique Agricultural Lands
6. Public Lands and Scenic, Recreational, and State Natural Areas
7. Areas of Archaeological or Historical Value
8. Air Quality
9. Noise Levels
10.Water Resources
11. Forest Resources
12. Shellfish and Their Habitat
13. Wildlife and Natural Vegetation
E. Predicted Environmental Effects of Projects
1. Topography
2. Soils
3. Land Use
4. Wetlands
5. Prime or Unique Agricultural Lands
6. Public Lands and Scenic, Recreational, and State Natural Areas
7. Areas of Archaeological or Historical Value
8. Air Quality
9. Noise Levels
10.Water Resources
11. Forest Resources
12. Shellfish and Their Habitat
13. Wildlife and Natural Vegetation
14. Introduction of Toxic Substances
F. Mitigative Measures
G. State and Federal Permits Require
ENVIRONMENTAL ASSESSMENT
DARE COUNTY JUSTICE FACILITY
ROANOKE ISLAND, DARE COUNTY, NORTH CAROLINA
ATTACHMENTS
Attachment A- Site Location/Topographic Map
Attachment B- Plan view plat of the proposed project
Attachment C Approved 404 Wetlands Delineation
Attachment D-. Alternatives Analysis for Justice Facility
Attachment E- Soil Survey - Dare County NRCS
Attachment F- Wetlands Classification from Remote Sensing
Attachment G- Quible and Associates Plan View Plat of the proposed site (development and wetland
mitigation)
Attachment H- Rare and Protected Species List
Attachment I- Correspondence from the Department of Cultural Resources, Historic Preservation
Office (forthcoming)
Appendix 1- Wetland Mitigation Plan
. ENVIRONMENTAL ASSESSMENT
DARE COUNTY JUSTICE FACILITY
ROANOKE ISLAND, DARE COUNTY, NORTH CAROLINA
A. PROPOSED PROJECT DESCRIPTION
Dare County has proposed to construct a new justice facility on Roanoke Island. The site
selected for the courthouse is an approximately 80.64 acre tract of land located 1/8th of a mile
northwest of the US 64/264 junction with NC 345 (at approximately 35" 53'22"N, and 75° 39'
41"W) on Roanoke Island, Dare County, North Carolina. Attachment A depicts the project ->
location on a Site Location/Topographic Map. Attachment B presents the proposed justice
facility and associated buildings, drive, and parking area, and areas of impact to wetlands.
Specifically, the proposed project includes a two-story 35,112 square foot primary building with
two out-buildings. Parking for the facility surrounds the buildings and covers a total of 208,646
square feet. Stormwater retention basins will be constructed as part of the overall development.
The total impermeable coverage associated with the project is 284,316 square feet. Some
grading and infrastructure construction will occur in wetlands. An approved Section 404
wetlands delineation for the subject property is included as Attachment C.
The project site was selected following an analysis of alternative properties performed by Quible
& Associates and the Dare County Capital Improvements Committee. This analysis is entitled
Dare County Justice Facility, an Analysis of Alternatives, and is provided as Attachment D. The
review process included assessments of available properties on Roanoke Island that are
sufficient in area for the project, associated environmental impacts, cost of the available
properties, traffic flow and potential congestion at the sites-reviewed, accessibility to the
courthouse by all citizens of Dare County, safety issues related to transportation of prisoners by
law enforcement officers to the facility and associated security for attorneys, judges and
courthouse personnel. Also considered were surrounding property uses which might tend to
detract from the courthouse and other aesthetic and visual considerations that would impact a
facility that will be a long standing symbol of Dare County government. Following review
utilizing all the parameters described above the subject tract was selected as superior to the other
available alternatives.
Following the site selection process, Dare County authorized Heery Architects and Quible &
Associates, P.C. (Quible) to develop a preliminary design for the Courthouse utilizing the subject
tract. The enclosed plan view of the project has been prepared with coordination and input from
the Dare County Commissioners, Dare County Manager, Dare County District Attorney, Dare.
County Sheriffs Department and presiding Judges that will hold court in the new facility. The
proposed project at build out includes a total of 284,316 square feet. (6.53 acres) of impervious
surface with approximately 118,919 square feet (2:73 acres) of that total located within Section
404 wetlands. A numerical breakdown of the proposed development and impacts is found on the
enclosed plan view plat. The configuration of the courthouse complex has been manipulated by
Quible and Heery to maximize use of the available uplands on the parcel and development within
wetlands represents unavoidable impacts given the minimum requirements for the master plan
developed. The project will be served with central sewer from the Town of Manteo and potable
water is provided from the central Dare County system.
Page 1 of 10
B. PURPOSE AND NEED FOR PROPOSED PROJECT
Currently, Dare County government buildings with services related to judicial matters are located
in separate buildings at a number of locations on Roanoke Island. There have been three separate
studies in 1994, 1995 and 2000 concerning alternatives for improvements in that system and to
analyze requirements related to the size, location, traffic flow, parking requirements and
infrastructure requirements for renovation of the existing courthouse or for construction of a new
facility. The County also identified a need for governmental services such as the tax office,
clerk of court, registrar of deeds, law enforcement, court rooms, and other administrative
buildings to be located in proximity to each to better serve the citizens of the County. The
studies further indicated that a facility of approximately 70,000 sq. ft. with 400 parking spaces
will be required to provide the combined services described above, and in more detail in the
Alternatives Analysis included as an attachment to this EA.
C. ALTERNATIVES ANALYSIS
A comprehensive Alternatives Analysis is included at Attachment D. A summary of the
comprehensive analysis revealed the following as the most reasonable alternatives if the
proposed project was not permitted.
No Action
If a new judicial facility is not constructed then the problems that have been identified since the
1980's will continue to exist. (Note: See enclosed Attachment D outlining status of courthouse
and associated administrative buildings prepared in 1984 by NCSU School of Design; Also
enclosed is a March 30, 1998 letter from the Dare County Grand Jury to=the Dare County Board
of Commissioners outlining deficiencies in operation and physical conditions associated with the
current courthouse based on their use of the facility. Based on the referenced studies, and the
continued growth of the case load that is occurring in Dare County, it is the position of the Dare
Commissioners that continued use of the current facility is short sited and unacceptable.
Renovation of Existing Courthouse
A review of requirements for the renovation and expansion of the existing courthouse has
identified two major problems. First, the existing courthouse, which was completed in 1904 has
been calculated to contain 5,274 square feet of usable space on two floors. The courthouse is
located on a small tract of land in the center of downtown Manteo with paved streets on three
sides. The surrounding area is completely developed and therefore the opportunity to expand the
facility either vertically or horizontally sufficient to meet current needs is extremely problematic.
Secondly, parking in downtown Manteo has been at a premium for a number of years. Recently,
the construction of new retail facilities and the expansion of the Roanoke Island Festival Park
have made the traffic and parking problems even worse. No solution to the parking problems
that would be created by the expansion of the courthouse has been identified short of removing
existing buildings for the purpose of constructing required parking. Therefore, the renovation of
the existing facility is considered impractical because it would create problems with traffic and
parking downtown. For this reason the county has rejected this approach.
Page 2 of 10
D. EXISTING ENVIRONMENTAL CHARACTERISTICS OF PROJECT AREA
1. Topography- The natural topography of the subject site is relatively level with a gentle
slope toward the west, in the direction of Croatan Sound. A man-made bermed area exists
in the vicinity of the proposed justice facility, and also further west, in the location of a
former borrow pit. The bermed areas are devoid of vegetation and used for dredge spoil
containment. The top of the spoil containment berm represents the highest elevation of
the subject site.
2. Soils- According to the Dare County soil survey, dated March 1992, the subject property
contains Hobonny, Leon, Baymeade, Belhaven, and Johns soil series. Hobonny, Leon and
Belhaven series are considered hydric and Baymeade and Johns are considered to be non-
hydric. All of these series are sandy to loamy sand, except for the Hobonny series which
is a fiberous to sapric muck. Areas that have been developed for dredge spoil placement
may no longer exhibit the natural soil profile. Soil survey data is depicted on a soils map
included as Attachment E.
3. Land Use- Currently, the subject site is used for on-site disposal of dredge spoil, or is
undeveloped wooded, shrub/scrub wetlands or coastal marsh.
Land to the east of the subject site is developed commercially along US 641264, and near
the intersection of US64/264 and the new US 64/264 right-of-way. To the south of the
subject site is the new US 64/264 right-of-way leading to the new Croatan Sound bridge.
West of the subject site is the Croatan Sound. Adjacent property to the north of the
subject site is undeveloped and wooded. The nearest residential land use occurs on the
adjacent property to the northeast of the subject site.
4. Wetlands- 60.57 acres of wetlands exist on the 80.64 acre parcel. The "Section 404"
wetlands are depicted on a map included as Attachment C. This wetland/upland line was
delineated during 1998 and 1999 and verified by the United States Army Corps of
Engineers by signature on March 15, 1999. These 404 wetlands consist of scrub/shrub
and forested type systems that primarily a function as wildlife habitat.
Coastal wetlands exist throughout the west and northwest areas of the site. These Juncus
roemerianus dominated marshlands are under the jurisdiction of the North Carolina
Division of Coastal Management. Through use of remote censing techniques, a total of
23.05 acres of coastal wetlands have been calculated on the site and can be viewed on
Attachment F. These wetlands serve as wildlife habitat and also abate erosion during
storm events.
A comprehensive discussion of the wetlands upon the subject property, the proposed
alteration of some of the wetlands for construction of the proposed facility, and
compensatory mitigation proposed is included as a separate Wetland Mitigation Plan in
Appendix 1. A site plat of the 80.64 acre parcel including impacted wetlands and
proposed wetland mitigation area is represented as Attachment G.
5. Prime or Unique Agricultural Lands- The subject property contains marshland, wooded
uplands, scrub/shrub wetlands or forested wetlands. None of the subject property is used
for agricultural purposes.
Page 3 of 10
6. Public Lands and Scenic, Recreational, and State Natural Areas- This subject
property is privately owned by the Marshall C. Collins Family Limited Partnership. None
of the surrounding properties are considered public lands or Scenic, Recreational or State
Natural Areas.
7. Areas of Archaeological or Historical Value- A review of the subject property is being
conducted by the Department of Cultural Resources at the Historic Preservation Office in
Raleigh, North Carolina. According to the Eastern Office of Archives and History, the
proposed site is not included as a zone of significant archaeological or historical value.
8. Air Quality- The subject property is located in an area classified as a "complete
attainment" area by the North Carolina Department of Air Quality. The air quality is
expected to remain within allowable pollutant limits.
9. Noise Levels- The subject property is currently used for placement of dredge spoil.
Additionally, the new US 64/264 Croatan Sound Bridge right-of-way borders the property
to the south. Current noise on the property is minimal, except that from the work on the
DOT right-of-way and operations associated with the dredge process.
10. Water Resources- The subject site is located in the Pasquotank River Basin. Surface
water resources in the vicinity of the subject site include Shallowbag Bay (SC waters) to
the north and Croatan Sound (SA waters) the west. The two bodies of water are connected
by an approximately 2.0 mile ditch. This ditch is influenced by wind tides and may flow
in either direction.
Groundwater use in the vicinity of the subject site includes supply wells within the Skyco
Water Plant Wellhead Protection area. These wells are developed within Quaternary
deposits to a depth of approximately 250 feet. This zone is characterized by sediments
deposited since the end of the Pliocene and includes interbedded layers and lenses of sand
silt clay and mollusk shell. Ten wells are located in this area. Well installation records
confirm the location, stratigraphy, hydrology and depth of each well. Recharge to this
aquifer system is through precipitation infiltration through the soil zone.
11. Forest Resources- The subject property contains marshland, wooded uplands,
scrub/shrub wetlands or forested wetlands. A comprehensive discussion of the vegetative
communities on the subject property is contained within the Wetland Mitigation Plan
included as Appendix 1.
12. Shellfish, Fish and their Habitat- The ditch that passes through the subject property
connects the Croatan Sound with Shallowbag Bay. Croatan Sound is classified as SA
waters and Shallowbag Bay is classified as SC waters. The fisheries of Croatan Sound
are utilized by local commercial and recreational users. Shellfish leases are not located in
the Croatan Sound in the vicinity of the subject site according to the Resource
Enhancement Section of the North Carolina Division of Marine Fisheries. The fishery
quality of Shallowbag Bay is not as significant as the Croatan Sound, presumably due to
the commercial nature of surrounding land use which may have had some impact on the
health or productivity of the water, and is in fact closed to shellfish harvest due to
Page 4 of 10
pollutants. The ditch that connects these two water bodies passes through the subject
property. During the spring through fall this ditch contains juvenile fish species,
especially in the west end, closer to Croatan Sound.
13. Wildlife and Natural Vegetation-Rare and protected species listed for Dare County can
be found in Attachment H. According to the USFWS, federally protected endangered
species listed for Dare County as of the February 28, 2000 listing include the kemp's
ridley sea turtle (Lepidochelys kempii), hawksbill sea turtle (Eretomochelys imbricata),
peregrine falcon (Falco peregrimus), red-cockaded woodpecker (Picoides borealis),
roseate tern (Sterna dougalii) and manatee (Trichechus manatus).
The Kemp's ridley, hawksbill and leatherback turtles are typically found in the open
marine environment or on the beach when laying eggs, but may also enter the bays and
sounds. These species and their habitat are not expected to be found in the project area.
The peregrine falcon is a medium-sized raptor which nests on cliffs, river cutbanks, and
trees; and hunts over open fields, waterways, and wetland areas such as swamps and
marshes. The red-cockaded woodpecker is a small 20 to 22 cm (8 to 9 inch) wood boring
bird found in open stands of mature pines. The roseate tern is a small black-capped bird
with a deeply forked tail and black bill. It is a coastal species, found along salt bays,
estuaries and oceans. The manatee is a large aquatic mammal found in both salt and fresh
water in depths of 1.5 to 6 meters (5 to 20 feet) including canals, rivers, estuarine habitats,
and saltwater bays. None of these federally listed endangered species have been reported
on or within the vicinity of the Dare County Justice Facility site.
Federally listed threatened species for Dare County include the loggerhead sea turtle
(Caretta caretta), green turtle (Chelonia inydas), piping plover (Charadrius melodus),
bald eagle (Haliaeetus leucocephalus), and the seabeach amaranth (Amaranthus pumilus).
The loggerhead and green turtle are typically found at sea, but may also enter bays and
sounds and may be found on beaches. The piping plover is a small 15 to 19 cm (6 to 7.5
inch) wading bird typically found on sand beaches and tidal flats. The bald eagle is a
large raptor which nests in trees associated with coasts, rivers, and lakes. The seabeach
amaranth is a monoecious annual herb with fleshy, roundish leaves, large fruits, and
numerous branched stems. This reddish tinted amaranth is found on the upper beach and
lower foredune of coastal barrier islands. None of these federally listed threatened
species have been reported on or within the vicinity of the Dare County Justice Facility
site.
The red wolf (Canis rufus) is listed as experimental by the USFWS. Experimental species
are treated as threatened on public land, for consultation purposes, and are proposed for
listing on private land. The red wolf is a medium sized canid which inhabits any area of
sufficient size that provides food, water, and thick vegetation for cover, including coastal
prairie and marsh habitat. This species has been reintroduced into the Alligator River .
National Wildlife Refuge.
The American alligator (Aligator mississippiensis) is listed as threatened due to the
similarity in appearance and habitat preferences to the American crocodile (Crocodylus
acutus), which is listed as an endangered species nationally. The alligator is not
considered to be threatened or endangered and is not protected under the Endangered
Species Act. Preferred habitats include: rivers, streams, lakes, ponds, swamps, wetlands,
Page 5 of 10
and other low water areas where fish, fowl and small animals provide an adequate food
supply. Alligators are also known to inhabit ditches and drainage systems. Nesting sites
include low, wet herbaceous areas where a mound is built and eggs laid. Incubation
temperatures are provided by decomposing vegetation incorporated into the nesting
mound. During field work in the project area, no alligators or crocodiles were found. No
sightings near the project area have been reported to the NC Natural Heritage Program. A
determination was therefore made that this project would have no effect on the American
alligator or American crocodile.
The black rail (Laterallus jamaicensis), rafinesque's big-eared bat (Corynorhimus
rafenesquit7, and dune blue curls (Trichostema sp.) are listed as Federal Species of
Concern (FSC) which may occur in Dare County. The black rail is a small 13 to 15 cm (5
to 6 inch) bird found in tidal marshes, grassy marshes and stubble fields. Rafinesque's
big-eared bat is a medium-sized, long eared bat. Its preferred habitat is old growth forests
and it is typically found in the coastal plain of North Carolina along river systems and
other bodies of water. Dune blue curls are found on sandy and vegetated dunes, as well as
in openings in maritime forests or shrub areas. None of these species were observed
during visits to the subject site. Of all species with special Federal status, the Black Rail
has the greatest potential to be located in the vicinity of the subject property. This species
would most likely be found within the coastal marsh, and not directly in the project area.
E. PREDICTED ENVIRONMENTAL EFFECTS OF PROJECTS
1. Topo ;raphy- The existing site conditions do not represent the natural topography of the
region as large soil berms have been constructed on-site for dredge spoil placement.
The topography of the subject site will be directly altered by the proposed project.
Indirectly, the topography of the site may be altered as, it is presumed that on-site creation
of wetlands is going to be a required component of the mitigation plan, which will require
site work to modify the site elevation to create suitable wetland hydrology.
2. Soils- As with the topography, the soils have been modified in the bermed areas through
compaction and introduction of non-native soils. The proposed project will result in
further alteration of the soil types currently existing on-site. Modification will primarily
be due to compaction and reduction or elimination of natural percolation of precipitation
through the soil because of impermeable coverage. An indirect impact associated with the
proposed plan results from change in elevation in the area proposed for creating wetlands.
In this area, which is now Baymeade, fine sand, decrease in the elevation will result in
more frequent innundation or saturation near the land surface, resulting in increased
anaerobic conditions within the soil profile. Over time these soils will exhibit hydric
characteristics and, eventually, be considered hydric.
3. Land use- On-site land use will be altered as a result of the proposed project. Some
wetlands will be filled and converted to uplands and used for construction of public
buildings. An indirect change in land use will result from constructing wetlands from
current uplands.
4. Wetlands- 2.73 acres of wetlands upon the subject property will be filled as a result of
the proposed project. This activity will require an Individual Permit from the United
Page 6 of 10
States Army Corps of Engineers. A detailed discussion of the impacts to wetlands and
proposed compensatory mitigation is presented in a Wetland Mitigation Plan which is
included as Appendix 1.
5. Prime or Unique Agricultural Lands-The proposed project will not result in impact to
or loss of agricultural land.
6. Public lands, and Scenic, Recreational and State Natural Areas-The proposed project
will not result in impact to, or loss of Public lands or Scenic, Recreational or State Natural
areas.
7. Areas of Archaeological or Historical value- Correspondence addressing the findings of
the Historic Preservation Office of the Department of Cultural Resources will be included
as Attachment I upon completion. It is the opinion of the Department that no historic or
archaeological resources would be adversely impacted by the proposed activity.
8. Air Quality-The proposed project will not result in a construction of a facility which will
be required to be permitted as a source of emissions. No regulatory compliance
requirement will be associated with the proposed facility. Construction of the proposed
facility will be achieved by use of vehicles and heavy equipment that will be powered by
internal combustion engines. Thus, during construction an increase in oxides of nitrogen,
sulfer and carbon, and VOCs typical of internal combustion engine powered vehicle
operation will result. These same atmospheric contaminants will increase in the project
area when the facility is in use. However, regionally, the increase in these compounds to
the atmosphere will not increase as activities associated with the proposed public
buildings already exist in the Town of Manteo.
The nearest Class 1, protected area exists at the Swanquarter National Wilderness Area,
approximately 55 miles from the subject site. Potential atmospheric contaminants from
Roanoke Island are not expected to impact this protected area.
9. Noise Levels-During construction of the proposed facility noise levels on the property
will increase. Following construction, use of the subject facility will increase noise levels
on the property and, through concentrated vehicle use, in the vicinity of the property. The
significance of the increase in operational and vehicle noise resulting from use of this
facility is lessened however, considering the future noise associated with traffic flow on
the new U.S. 64/264, adjacent to the site.
10. Water Resources- Runoff from the project site shall be contained within stormwater
retention basins. By design, it is not likely that surface waters will be degraded by the
proposed project. Additionally, the project design does not propose groundwater
withdrawl. The project will result in an increase in impervious surface cover of 2.73
acres.
11. Forest Resources- Some forested wetlands and uplands will be impacted by the proposed
project through road construction and fill for parking areas and buildings. Although the
proposed project covers approximately 6.53 acres, approximately 5.3 acres of this is
currently cleared and bermed for dredge spoil placement. The area of forest resource
Page 7 of 10
impacted will be 1.24 acres. This area consists of forested and shrub/scrub wetlands and
forested uplands.
12. Shellfish or Fish and their Habitats- No impacts to the fish or shellfish habitat are
anticipated in relation to this project. As determined by the North Carolina Division of
Marine Fisheries, no shellfish leases exist in Shallowbag Bay or in in the Croatan Sound
within the project's vicinity.
13. Wildlife and Natural Vegetation- As discussed in Section E. 11 above, 1.23 acres of
forest or scrub/shrub habitat will be lost as a result of the proposed activity. Section D. 13
identifies the threatened or endangered species found in Dare County. None of these
species have been reported in the vicinity of the subject site. Habitat similar to that lost
on the subject site by the recent dredge spoil placement and by the subject property is
located north and west of the subject site. Wildlife that may be displaced by the proposed
project may find suitable habitat there.
14. Introduction of Toxic Substances-The proposed project will result primarily in the
construction of public office space. The nature of future use would not be expected to
involve the use or storage of hazardous materials or substances. During the construction
of the proposed facility it is likely that fuel for equipment will be brought to the site and
possibly stored. Although storage of this type of substance presents a potential threat to
the environment if a release occurred, typical management practices, materials handling
and storage protocol, and proper containment should prevent this, or at least lower the
risk.
F. MITIGATIVE MEASURES
The design of the proposed facility has undergone a series of design modifications throughout the
last year and reflects continued attempts to minimize and avoid impacts to natural resources and
jurisdictional wetlands. At present, the anticipated impacts to wetlands will be 2.73 acres. To
offset the unavoidable impacts Dare County proposed to mitigation for these impact in the form
of approximately 20:1 on-site preservation of existing wetlands, creation of a on-site, in-kind
wetlands within upland areas of the subject property, and the purchase of mitigation credits at a
ration of 2:1 in an approved mitigation bank or by direct payment to an appropriate conservation
fund.
G. STATE AND FEDERAL PERMITS REQUIRED
Coastal Area Management Act Major Development Permit, North Carolina Division of
Coastal Management
Stormwater Management Permit, North Carolina Department of Environment and Natural
Resources (Washington Regional Office)
Erosion and Sediment Control Plan, North Carolina Department of Environment and Natural
Resources (Washington Regional Office)
Page 8 of 10
Encroachment Agreements, North Carolina Department of Transportation (Raleigh)
U. S. Army Corps of Engineers - Individual Permit (Washington)
401 Certification - North Carolina Division of Water Quality (Raleigh)
Page 9 of 10
REFERENCES
Field Guide to North American Trees, Eastern Region. The Audubon Society. Chanticlear Press, Inc.
1991.
Heath, Ralph C., 1989. Basic Groundwater Hydrology. USGS Water Supply Paper 2220.
Hydric Soils of North Carolina, December 15, 1995.
Munsell Soil Color Charts (1990).
North Carolina Department of Transportation. 1999. Aerial Photograph of Subject Property.
North Carolina Department of Transportation. 1995. Aerial Photograph of Subject Property.
Southern Wetland Flora, Field Office Guide to Plant Species. United States Department of Agriculture.
United States Department of the Interior. Fish and Wildlife Service. 1988. National List of Plant Species
That Occur in Wetlands. Region 2 - Southeast.
United States Department of Agriculture, Soil Conservation Service. March 1992. Soil Survey of Dare
County, North Carolina. North Carolina Agricultural Experiment Station, Raleigh, North Carolina.
United States Geological Survey 1953, Photorevised 1983. Manteo Quadrangle, North Carolina 7.5'
Series Topographic Map.
United States Army Corps of Engineers, 1987. Wetland Delineation Manual. Technical Report Y-87-1.
U.S. Army Engineer Waterways Experiment Station, Vicksburg, MS.
U.S. Fish and Wildlife Service. 2000. Dare County Endangered Species, Threatened Species,
and Federal Species of Concern. Updated February 28, 2000.
Cooper, D. C., Alley, F. C. 1994. Air Pollution Control. Waveland Press, Inc.
Page 10 of 10
ENGINEERS & CONSULTANTS
June 9, 2006
a?`C
U.S. Army Corps of Engineers 0 V-1 1 @ Lff-i ??? no
Washington Regulatory Field Office
107 Union Drive, Suite 202 JUN - 0 2006
Washington, NC 27889
DENR - WATER QUALITY
ATTN: Mr. Tom Steffens
Regulatory Permits Specialist
Dear Mr. Steffens,
Subject: Application for 404 Individual Permit and 401 Major Water Quality
Certification for the construction of the proposed addition to the Dare
County Justice Center, Dare County, North Carolina
Dare County is proposing to construct additional administrative buildings within the
existing Dare County Justice Center near the intersection of US Highway 64 and US
Highway 264 Business in Manteo, Dare County, North Carolina (see Figures 1 and 2). This
project will provide necessary administrative facilities needed to keep pace with the growth
of Dare County, and will be constructed on existing county-owned land next to the existing
Dare County Justice Center. Funding for the project is being provided by the county and
the state.
Introduction
The specific goal of the construction is to build a high quality administrative facility
for the people of Dare County. The project will create a self-contained and cost-effective
government facility in an environmentally sensitive and well-planned manner. The new
building will be located next to the county's justice Center building. The Justice Center is
owned by Dare County and was constructed in 2001-2002 to provide modern facilties and
significantly more space for courthouse proceedings. The property is located within the
zoning jurisdiction of the Town of Manteo. Mulkey, Inc. (Mulkey) has been retained to
provide land development design and Section 404/401 permit application services.
Both Dare County and the Town of Manteo have included development of a County
government complex in their development and planning documents, as a way to address
future growth and demand for services. Further information concerning this proposed
project is provided in the Environmental Assessment (EA) document, dated November 1,
2000, which was previously submitted to the North Carolina State Clearinghouse and for
regulatory agency review. A Finding of No Significant Impact (FONSI) was completed in
early 2001. The EA considered both the existing Dare County Justice Center and future
outbuildings that include this proposed project. A reevaluation of the existing jurisdictional
wetland areas on the subject property was approved by the United States Army Corps of
Engineers (USACE) on June 28, 2005. The North Carolina Division of Coastal
Management (TNCDCl\1) has declined jurisdiction over the wetlands and surface waters
within the proposed project area. A copy of the 2000 EA, 2001 FONSI and the 2005 JD are
MULKEY INC. 6750 TRYON ROAD CARY. NC 2751 1 PO Box 331 27 RALEIGH. NC 27636 PH: 919-©51.1912 FAX: [phone] WWW.MULKEYINC.CCM
June 9, 2006
US Army Corps of Engineers
Mr. Tom Steffens
Page 2
included in Appendix A.
Purpose and Need
The plan to expand of the county facilities was developed in response to the forecast
need for consolidated county administrative operations, the desire to increase county
efficiency, and to reduce overall cost to the county operations budget. Proposed site uses
include expansion of the current administration facilities and the eventual construction of
additional county buildings and associated parking.
The purpose of the proposed project is to construct an administrative building
associated with the existing Dare County Justice Center building. This project will be
located on county property adjacent to the existing courthouse building. At present, some
county employees are still utilizing older, disjunct county buildings located throughout the
county, primarily in Manteo. This proposed construction would further alleviate problems
with communication between different county agencies and employees to make for a more
effective work environment. It would also continue to move all of the county service
employees to one location, which is the future goal of the Dare County planning
department.
Water Resources
Wetland delineations were originally completed for this project and subsequently
approved by the USACE in March 1999. The delineation boundaries were recertified by the
Corps during a field meeting held June 28, 2005.
The project is located in Pasquotank River subbasin 03-01-51 and USGS 8-digit
hydrologic unit 03020105. No streams are located within the project area; however, there is
a large culvert beneath US Highway 64 which hydrologically connects the wetland areas on
the project site to wetlands on the opposite side of the highway to the south. These
wetlands eventually drain into tributaries and marsh land associated with Roanoke Sound.
Surface water resources in the vicinity of the subject property include Shallowbag Bay (Class
SC waters) to the north, the Roanoke River (Class SC waters) to the east, and Croatan Sound
(Class SA waters) to the west. There are three areas of 303 (d) waters in the vicinity of the
project study area, the Roanoke Sound from Shallowbag Bay to Johns Creek approximately
1.5 miles east of the project area, Sandbeach Creek approximately 1.5 miles southeast of the
project area, and the Roanoke Sound at Mill Landing approximately 1.5 miles south of the
project area.
The existing jurisdictional wetlands on this property were significantly disturbed in
the past by extensive clearing. These areas are best classified as bottomland hardwood
wetlands as they were once part of the bottomland hardwood wetlands to the south prior to
the construction of US 64. The National Wetlands Inventory (NWI) classification is
palustrine saturated forest (PFO).
June 9, 2006
US Army Corps of Engineers
Nir. Tom Steffens
Page 3
Permanent Impacts: Project construction will create a total of 0.95 acres of
permanent fill in jurisdictional wetlands. These impacts are shown on the attached Wetland
Permit Impact Summary Table and permit design drawings.
Avoidance, Minimization, and Compensatory Mitigation
Section 404 of the Clean Water Act requires regulation of discharges into Waters of
the United States (U.S.). Surface waters, including lakes, rivers, and streams are subject to
jurisdictional consideration under the Section 404 program. Wetlands are also identified as
Waters of the U.S. Avoidance, minimization, and compensatory mitigation are considered in
sequential order when addressing impacts to Waters of the U.S. Avoidance and
minimization measures were incorporated during the project planning and National
Environmental Policy Act (NEPA) compliance stages as noted in the following sections.
Avoidance: The natural resources of the project site have been carefully used in
planning for this primary and driving use for the success of the proposed project. The
facilities have been designed to incorporate and enhance the natural resources of the site.
The wetlands are so extensive throughout the subject property that impacts to these areas
cannot be avoided except by choosing a no-build alternative. Undisturbed wetlands located
near the intersection of I\iarshall Collins Drive and US 264 Business will remain undisturbed
and will be avoided. Other adjacent tracts of county-owned land have been previously
placed into permanent conservation easements and will be avoided.
The project as planned avoids impacts on natural resources to the maximum extent
practicable. Avoidance of impacts on wetlands was a central effort in the many
considerations of infrastructure and facilities designs. The land plan, roads, utility corridors,
and other developmental aspects of the proposed project were all planned after the wetlands
were thoroughly investigated.
Minimization: Wetland impacts from the proposed building construction have been
minimized to the extent possible by aligning the building, parking lot, and associated
stormwater ponds to take advantage of the greatest amount of upland on the property. In
addition, a large retaining wall is planned for the southern edge of the building and parking
lots site to minimize the amount of wetland fill in these areas. Without this retaining wall
nearly all of these wetlands would need to be impacted by fill slopes in order to bring the
proposed construction to the required flood zone elevation.
Project-specific measures will be employed to minimize impacts to Waters of the
U.S. during project construction. All practicable means will be employed to minimize
wetland impacts due to runoff, sedimentation, or other construction activities. Best
Aanagement Practices (BIVIPs) will be strictly enforced to control sedimentation during
project construction. Clearing and grubbing activities will be minimized where possible and
vegetation will be reestablished on exposed areas with judicious pesticide and herbicide
management. Appropriate measures will be taken to avoid spillage of construction materials
and provisions will be made for storing and handling waste materials in a manner that
prevents materials from entering the streams or wetlands.
June 9, 2006
US Army Corps of Engineers
Mr. Tom Steffens
Page 4
Compensatory Mitigation: Dare County has proposed to pay into the North
Carolina Ecosystem Enhancement Program (NCEEP) for all wetland impacts proposed for
this project. These impacts will be paid for at a 2:1 ratio. In a letter dated May 3, 2006
(attached) the NCEEP has agreed to provide in-lieu-fee mitigation for this project.
Utilities
Utility relocation is not anticipated with this project; however, water and sewer
connections will be included. Any environmental impacts from future utility relocations will
be the responsibility of the individual utility companies. The utility companies with services
located in the project vicinity include Eastern North Carolina Natural Gas Company,
Charter Communications, Dominion North Carolina Power, Sprint, Dare County Water
Department, and the Town of Manteo Waste Water Treatment Plant. A water line connects
to the courthouse building from US 64 Business along Marshall Collins Drive, and a sewer
line force main that runs along US 64 bypass, connects to the courthouse on the western
side of the building.
FEMA Compliance
The entire site is located within a designated Federal Emergency Management
Agency (FEMA) flood zone, Zone A6 (Map # 3753480220C, February 19, 1986).
Appropriate actions are being considered in the design of the proposed building to meet or
exceed elevation standards for buildings within the flood zone.
Indirect and Cumulative Impact Analysis
Existing rules for the 401 Water Quality Certification Program (15A NCAC
2H.0506(b)(4)) requires the NCDWQ determine that a project "does not result in
cumulative impacts, based on past or reasonably anticipated future impacts, that cause or will
cause a violation of downstream water quality standards." A copy of the Indirect and
Cumulative Impact Study is included in Appendix A.
As noted in Section 3 of the EA document, existing land uses near the property are
primarily undeveloped forest land to the north, west, and south. East of the subject
property beyond Business Highway 64 is low-density residential and commercial
development. The nearest residential properties to the proposed Administrative Services
building are approximately 0.25 mile north of the building site.
Proposed future construction activities include the construction of an additional
county services building along US 264 Business near the current location of the Dare County
Alcohol Beverage Control (ABC) store. In addition, wetland remediation activities are
planned for the wetland areas immediately south of the proposed building (between US 64
and the proposed building site). These wetlands have been significantly disturbed in the past
from clearing, grubbing, digging, and mulching activities. A future remediation project
June 9, 2006
US Army Corps of Engineers
Mr. Tom Steffens
Page 5
would serve to make these wetlands functional again and provide for wetland education
opportunities.
Cultural Resources
The EA document indicated the North Carolina State Historic Preservation Office
(SHPO) found no documented historic properties within the project study area or in the
immediate surrounding areas that would be impacted by the proposed project. There has
been no change in structures since the 2000 EA.
Essential Fish Habitat
The 1996 amendments to the Magnuson-Stevens Fishery Conservation and Management
Act (MSFCMA) set forth a new mandate for the National Marine Fisheries Service (NMFS),
regional fishery management councils (Fl\4Cs) and other Federal agencies to identify and
protect important marine and anadromous fish habitat. The Essential Fish Habitat (EFH)
provisions of the MSFCI\iA support the Nation's overall marine resource management goals
- maintaining sustainable fisheries. The FMCS, with assistance from the NMFS, have
delineated "essential fish habitat" for managed species. Essential Fish Habitat is defined in
the MSFCI\IA as "those water and substrate necessary to fish for spawning, breeding,
feeding or growth to maturity." According to the proposed master plan associated with the
government center expansion, no estuarine areas exhibiting seagrass, creeks, mud bottoms or
estuarine water columns, or marine areas will be adversely impacted as a result of
construction.
Federally-Protected Species
Federal law requires that any federal action likely to adversely affect a species listed
as federally protected be subject to review by the U.S. Fish and Wildlife Service (USFWS) or
National Marine Fisheries Service (NMFS) (under the provisions of Section 7 of the
Endangered Species Act [ESA] of 1973, as amended). Prohibited actions which may affect
any species protected under the ESA are outlined in Section 9 of the Act. Other species may
receive additional protection under separate laws such as the Lacey Act Amendments of
1981, the Migratory Bird Treaty of 1999, the Marine Manurial Protection Act of 1972, or the
Eagle Protection Act of 1940. North Carolina Natural Heritage Program (NCNHP) maps
were reviewed in May 2005.
The March 9, 2006 USFWS list of federally protected species for Dare County, North
Carolina lists eight Endangered species and six Threatened species. The building site
consists of cleared land with three small borrow ponds adjacent wetlands and a few young
loblolly pine (Phats taeda) trees throughout. The subject property provides suitable habitat
for the American alligator, glossy ibis, little blue heron, snowy egret, tricolored heron, star-
nosed mole, and Carolina glasswort. This suitable habitat is generally located within the
marsh and wetland areas. None of these species were observed during the field
investigations. A review of NCNHP records in May 2005 revealed no federally or state
listed species within one-mile of the project study area. Therefore, this project will have no
June 9, 2006
US Army Corps of Engineers
Mr. Tom Steffens
Page 6
impact on protected species. Table 1 in the Appendix depicts the federal and state protected
species listed for Dare County and their status.
Adjoining Property Owners
A review of the property parcels adjacent to the County's Justice Center Building
determined that there are 11 adjacent properties to the project site. The surrounding area
contains residential, commercial, and undeveloped properties. There are three residential
properties located near the northern corner of the site. There are two undeveloped
properties to the north and east of the subject property, and a vacant lot to the west between
commercial and residential properties. There are four commercial properties to the west,
two office buildings, a pharmacy, and an auto parts store. The North Carolina Department
of Transportation (NCDOT) owns a substantial amount of right-of-way associated with US
Highway 64 to the south of the subject property, and a smaller amount of right-of-way to
the east associated with US Highway 264 Business. The state of North Carolina also owns
the undeveloped forest land beyond US Highway 64 to the south. Table 2 lists the adjoining
properties, the owner name, and owner addresses. The property numbers correspond to the
property locations shown on Figure 3 (Appendix).
Table 2 Adjacent Pro erties to Dare County justice Center
PROP PIN PARCEL OWNERI PHYSICAL
ADDRESS MAILING ADDRESS
HESTER, OSBOURNE R Osborne Hester,
TRUSTEE; SHAVER, 914 HWY 64/2 916 US Highway 64 and 26,
1 978912766044 25840000 GUSSIE H TRUSTEE 64 Manteo, NC 27954-9463
HESTER, OSBOURNE R
TRUSTEE; NESTER, Osborne Hester,
NAOMI COLLINS 916 US Highway 64 and 26,
2 978911752762 25840005 TRUSTEE 0 HWY 64/264 Manteo, NC 27954-9464
Attn: Terry Wheeler,
Dare County Manager,
County Administration Building,
211 Budleigh Street,
P.O. Box 1000,
3 978911750441 25840002 DARE COUNTY 0 HWY 64/264 Manteo, NC 27954
NC State Property Office,
NORTH CAROLINA 1321 Mail Service Center,
4 978915744491 25842000 STATE 0 HWY 64/264 Raleigh, NC 27699-132
Manteo Partners, LLC,
MANTEO PARTNERS, 1115 HWY 64/ 8639 Summerfield Lane,
5 978912858565 25816001 LLC 264 Huntersville, NC 28078
107 RUSSELL Goldie, LLC,
TWIFORD R P.O. Box 460,
6 978912856692 25812000 GOLDIE LLC D Manteo, NC 27954
100 Queen Elizabeth, LLC,
100 QUEEN ELIZABETH, 1013 HWY 64/ P.O. Box 66,
7 978912855774 25811000 LLC 264 Harbin er, NC 27941
MURRAY, CHARLES F JR Charles F. Murray, Jr.,
TRUSTEE; REVOCABLE 1011 HWY 64/ P.O. Box 875,
8 978912855833 25813000 LIVING TRUST 264 Manteo, NC 27954
June 9, 2006
US Army Corps of Engineers
Mr. Tom Steffens
Page 7

9

978912853858

25798001 MURRAY, C FRED;
MURRAY, RALPH
BRANTLEY

HWY 64/264 Charles F. Murray, Jr.,
P.O. Box 875,
Manteo, NC 27955
Artco Investments,
1001 HWY 64/ P.O. Box 5421,
10 978912853913 25798000 ARTCO INVESTMENTS 264 Raleigh, NC 27650
Wheeler C. Berry,
935 HWY 64/2 935 Highway 64/264,
11 978912861175 25794000 BERRY, WHEELER C 64 Manteo, NC 27954
Regulatory Approvals
Application is hereby made for a Section 404 Individual Permit as required for the
above-mentioned activities. Attached for your information are a copy of the 2000 EA, 2001
FONSI, design plans, permit drawings, impact summary, and a copy of the NCEEP
acceptance letter. We understand the application fee of $100 will be required once the
permit has been issued.
By copy of this letter, we are also requesting issuance of a 401 Water Quality
Certification from NCDWQ. In compliance with Section 143-215.3D(e) of the NCAC we
are enclosing $200 to act as payment for processing the Section 401 permit application.
Seven copies of the application are being provided to the North Carolina Department of
Environment and Natural Resources, Division of Water Quality, for their review.
If there are any questions, please contact Harold Brady at [phone] or by email
at [e-mail].
Sincerely,
Harold M. Brady
Project Scientist
Mulkey, Inc.
Attachments:
Figure 1 Project Vicinity
Figure 2 Land Use Aerial Photography
Figure 3 Adjacent Properties
NCEEP Mitigation Confirmation Letter
Indirect and Cumulative Effects Analysis Report
Permit Drawings and Impact Summary
Cc: Alex Marks, NCDWQ
Steve Shriver, Dare County Engineering
Micheal Allen, Mulkey
Joe Wynn, Heery
'' 1 ' y? ??•t T? i _ 0
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41
41
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Project Vicinity Map 1
MARP Dare County, North Carolina
A

Data provided by Dare County Planning Department
3
PROJECT OVERVIEW
a? M U L K E ? Da County Justice Center Figure NO.
, Adjoining Property Owners
E N G i N F_ F.. R S & CONSULTANTS Dare County, North Carolina
Table 1 Protected Species Potentially Occurring in Dare County, North Carolina
Common Name Scientific Name Federal Status State Status Suitable
Habitat
nimal
American alligator Alligator mssissippiensis T(S/A) T Yes
Bald eagle Haliaeetus leucocephalus T T No
Black rail Laterallusjamaicerrsis FSC SR No
Black skimmer Rynchops,riger - SC No
"Buxton Woods" white-footed mouse Peromyscus lucopus buxtori FSC SR No
Carolina water snake Nerodia sipedon wilkamerrgelsi SC No
Common tern Ster7ra hh-undo SC No
Glossy ibis Plegadisfalcinellus SC Yes
Green sea turtle Chelmia mydas T T No
Gull-billed tern Ster7ra nilotica - T No
Hawksbill sea turtle
ys imbricate
Eretomochel
E
E
No
Kemp's ridley sea turtle I epidochel}r kempii E E No
Least tern Storm aiaillanva SC No
Leatherback sea turtle Dcmiocheb,s coriacea E E No
Little blue heron Egretia camilea - SC Yes
Loggerhead sea turtle Caretta caretta T T No
Northern diamondback terrapin Afalaclemyr terrapin terrapin SC No
Outer Banks kingsnake Lvmpropeltisgetula sticticeps SC No
Peregrine falcon Falco peregrinus - E No
Piping plover Charadjius melodus T T No
Rafinesque's big-eared bat CorJnmrhirms (=Plecotus) rafrrresguii FSC T No
Red-cockaded woodpecker Picoides borealis E E No
Red wolf Canis rufus EXP SR No
Roseate tern Ster7ra dougallii E E No
Snout' egret Egretta thula SC Yes
Star-nosed mole - Coastal Plain Pop. Condylura aistata pop. 1 - SC Yes
Timber rattlesnake Crotalus honidus SC No
Tricolored heron Egretta tricolor SC Yes
West Indian '11,4anatee Trichecbus marratus E E No
Vascular Plants
Carolina grasswort Lilaeopsis caro:inensis T Yes
"Dune bluecurls" Trichostema sp. 1 FSC No
Long beach seedbox L udmigia brevpes FSC - No
Saltmarsh spikerush Eleochmis ha,'ophila T No
Seabeach amaranth Amaranthuspwnibu T T No
Snowy orchid Platanthera nizea - T No
Lcgcnd
Endangered (E) A talon "in danger of extinction throughout all or a significant portion of its range."
Threatened (1) A [axon "l -ely to become endangered within the foreseeable future throughout all or a
significant portion of its range."
Federal Species of Concern (FSC) A species that may or may not be listed in the future (formerly C2 candidate species or species
under consideration for listing for which there is insufficient information to support listing.
Threatened due to similarity of appearance A species that is threatened due to similarity of appearance with other rare species and is listec
[T(S/A)] for its protection. These species are not biologically endangered or threatened and are not subjec:
to Section 7 consultation.
Experimental (EXP) A taxon that is listed as experimental (either essential or nonessential). Experimental nonessential
endangered species (e.g. red wolf) are treated as threatened on public land, for consultation
pu.-poses, and as species proposed for listing on private land.
Special Concern (SC) animal "Any species of wild animal native or once-native to North Carolina which is determined by the
NC Wildlife Resources Commission to require monitoring but which may be taken under
regulations adopted under the provisions of this Article." (Article 25 of Chapter 113 of the
General Statutes; 1987)
Special Concern (SC) plant "Any species of plant in North Carolina which requires monitoring but which may be collected
and sold under regulations adopted under the provisions of [the Plant Protection and
Conservation Act]" (GS 19B 106:202.12).
Significantly Rare (SR) Species which are very rare in North Carolina, generally with 1-100 populations in the state,
generally substantially reduced in numbers by habitat destruction.
20000o4-
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Paperwork Reduction Project 10710-0003), Washington, DC 20503. Respondents should be aware that notwithstanding any other provision of law,
no person shall be subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB control
number. Please DO NOT RETURN your form to either of those addresses. Completed applications must be submitted to the District Engineer having
jurisdiction over the location of the proposed activity.
PRIVACY ACT STATEMENT
Authorities: Rivers and Harbors Act, Section 10, 33 USC 403; Clean Water Act, Section 404, 33 USC 1344; Marine Protection , Research and
Sanctuaries Act, 33 USC 1413, Section 103. Principal Purpose: Information provided on this form will be used in evaluating the application for a
permit Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies.
Submission of requested information is voluntary, however, if information is not provided the permit application cannot be evaluated nor can a permit
be issued.
One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this
application (see sample drawings and instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed
activity. An application that is not completed in full will be returned.
1. APPLICATION NO. 2. FIELD OFFICE CODE 13. DATE RECEIVED
4. DATE APPLICATION COMPLETED
11TFMA RF1 nW Tn RF F111 Fr) RV APPI ICANTI
5. APPLICANT'S NAME 8. AUTHORIZED AGENT'S NAME AND TITLE (an ape nt is not reawed)
Dare Count Harold Brady - Scientist
6. APPLICANT'S ADDRESS 9. AGENT'S ADDRESS
211 Budleigh Street 6750 Tryon Road
Manteo, NC 27954 Cary, NC 27511
7.. APPLICANT'S PHONE NOS. W/AREA CODE 10. AGENT'S PHONE NOS. W/AREA CODE
a. Residence Mr. Steven Shriver a. Residence Mr. Harold Brady
b. easiness [phone] b. Business (919) 858-1 804
I
1 1 • STATEMENT OF AUTHORIZATION r. •' 1
I hereby authorize, to act in my behalf as my agent in the processing of this applicatioWind to
furnish, upon request, supplemental information in support of this permit application. < <?,
See attached Agent Authorization letter.
APPLICANT'S SIGNATURE DATE
NAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY
12. PROJECT NAME OR TITLE flee msuucr ons
Dare County Justice Center, Phase II
13. NAME OF WATERBODY. IF KNOWN (i/nru?m,M?t 1 14. PROJECT STREET ADDRESS luepplwbie)
N/A
Marshall C. Collins Drive
15. LOCATION OF PROJECT I Manteo, NC 2 7 9 5 4
Dare NC
COUNTY STATE `
16. OTHER LOCATION DESCRIPTIONS, IF KNOWN, (sminstrwtions)
17, DIRECTIONS TO THE SITE
From Washington, NC: Travel US 264 East to US 64 (near Mann's Harbor),
take US 64 East to US 264 Business, make a left at US 264 Business, then
take the first left onto Marshall C. Collins Drive. Site is on the left.
NG FORM 4345, Jul 97 EDITION OF FEB 94 IS OBSOLETE. (Proponent: CECW-OR)
1 S. Nature of Activity (Description of Project, ioriude e9 rawtures)
Construction of administrative building within the Dare County Government
complex site. Project will consist of a single building with
associated parking. Proposed wetland fill consists of 0.95 acres of
non-riparian wetlands. Building details are included in attachments.
19. Project Purpose (Describe the reeson or purpose of the project, see instructions)
Provide administrative offices and conference space for county
operational services.
USE BLOCKS 20-22 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED
20. Reason(s) for Discharge
Unavoidable impacts to jurisdictional wetlands due to the extensive
amount of wetlands on site. Avoidance and minimization measures are
discussed in the attached cover letter.
21. Type(s) of Material Being Discharged and the Amount of Each Tvoe in Cubic Yards
Approximately 6146.8 cubic yards of fill dirt.
22. Surface Area in Acres of Wetlands or Other Waters Filled fseeinswalons)
0.95 acres of wetland fill.
23. Is Any Portion of the Work Already Complete? Yes Q No = IF YES. DESCRIBE THE COMPLETED WORK
24. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (If more than can be entered here,
please attach a supplemental list).
See attached cover letter.
25. List of Other Certifications or Approvals/Denials Received from other Federal, State or Local Agencies for Work Described in This Application.
AGENCY TYPE APPROVAL' IDENTIFICATION NUMBER DATE APPLIED DATE APPROVED DATE DENIED
NCEEP 4/26/06 5/3/06'
NCDLR Soil & eros ion 5/12/06
NCDWQ Coastal sto mwater 5/12/06
'Would include but is not restricted to zoning, building and flood plain permits
26. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the information in this
application is complete and accurate. I further certify that I possess the authority to undertake the work described herein or am acting as the
duly authorized agent of the applicant.
?-? os Obi o6
77
SIGNATURE OF APPLICANT DATE SIGNATURE OF AGENT DATE
The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly
authorized agent if the statement in block 11 has been filled out and signed.
18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States
knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or
fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or
fraudulent statements or entry, shall be fined not more than $10,000 or imprisoned not more than five years or both.
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 200511092 County: Dare U.S.G.S. Quad: Manteo
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Agent: County of Dare
Address: Attn: Dave Clawsen
Post Office Box 1000
Manteo, North Carolina 27954
Telephone No.:
Property description:

Size (acres) 5.14 Nearest Town Manteo
Nearest Waterway Croatan Sound River Basin Pasnuotank
USGS HUC 03010205 Coordinates N35.890038 W-75.662742
Location description A 5.14 acre project area (parcels 0611. 1466, 4402) with wetlands (1.54 acres) connected to a
broad continuum which flows to the Croatan Sound located on northwest side of the NC 345 and US 64/264
intersection, in Manteo, Dare County, North Carolina. (PIN #'s 9789-12-85-0611 9789-12-85-1466,9789-12-85-4402)
Indicate Which of the Following Apply:
_ Based on preliminary information, there maybe wetlands on the above described property. We strongly suggest you have
this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a
jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action
under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331).
There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act Unless there is a change in the law or
our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
X There are wetlands on the above described project area subject to the permit requirements of Section 404 of the Clean
Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination
may be relied upon for a period not to exceed five years from the date of this notification.
We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our
present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely
delineation, you may wish to obtain a consultant To be considered final, any delineation must be verified by the Corps.
_ The wetland on your property have been delineated and the delineation has been verified by the Corps. We strongly
suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps.
Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property
which, provided there is.no change in the law or our published regulations, may be relied upon for a period not to exceed
five years.
X The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps
Regulatory Official identified below on 628/2005. Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(CAMA). You should contact the Division of Coastal Management in Elizabeth City, NC, at [phone] to determine
their requirements.
Page 1 of 2
Action
d tged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
iolation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this
i and/or the Corps regulatory program, please contact William Wescott at [phone] ext 25..
Basis For Determination: This site exhibits wetland criteria as described in the 1987 Corns Wetland Delineation Manual
and is part of a broad continuum of wetlands connected Croatan Sound.
Remarks: Description of project area is three adjacent parcels as depicted in the information submitted by Quible &
Associates, P.C. on 05/27/2005.
Corps Regulatory Official:
Date 06/28/2005
Copy Furnished:
Brian Rubino, Quible & Associates, P.C.
Expiration Date 06/28/2010
Page 2 of 2
JURISDICTIONAL DETERMINATION . Revised 8/13/04
U.S. Army Corps of Engineers
DISTRICT OFFICE: CESAW-RG-W
FILE NUMBER: 200511092
PROJECT LOCATION ]INFORMATION:
State: North Carolina
County. Dare
Center coordinates of site (latitude/longitude): N 35.890038/ W-75.662742
Approximate size of area (parcel) reviewed, including uplands: 5.14 acres.
Name of nearest waterway: Croatan Sound
Name of watershed: Pasquotank River Basin
JURISDICTIONAL DETER] MATION
Completed: Desktop determination ? Date:
Site visit(s) Date(s): 0510512005
Jurisdictional Determination (JD):
Preliminary JD - Based on available information, ? there appear to 8e (or) ? there appear to be no "waters of the United States"
and/or "navigable waters of the United States" on the project site. A preliminary JD is not appealable (Reference 33 CFR part
331).
Approved JD -An approved JD is an appealable action (Reference 33 CFR part 331).
Check all that apply:
There are "navigable waters of the United States" (as defined. by 33 CFR part 329 and associated guidance) within the reviewed
area Approximate size of jurisdictional area:
There are "waters of the United States" (as defined by 33 CFR part 328 and associated guidance) within the reviewed area.
Approximate size of jurisdictional area: 1.54 acres.
There are "isolated non-navigable, intra-state waters or wetlands" within the reviewed area.
El, Decision supported by SWANCC/Migratory Bird Rule Information Sheet for Determination of No Jurisdiction.
BASIS OF JURISDICTIONAL DETERMINATION:
A. Waters defined under 33 CFR part 329 as "navigable waters of the United States":
The presence•of waters that are subject to the ebb and flow of the tide and/or are presently used, or have been used in
the past, or may be susceptible for use to transport interstate or foreign commerce.
B. Waters defined under 33 CFR part 3283(a) as "waters of the United States":
(1) The presence of waters, which are currently used, or were used in the past, or may be susceptible to use in
interstate or foreign commerce, including all waters which are su. ect to the ebb and flow of the tide..
(2) The presence of interstate waters including interstate wetlands .
(3) The presence of other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats,
wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds, the use, degradation or destruction of which could
affect interstate commerce including any such waters (check all that apply):
? (i) which are or could be used by interstate or foreign travelers for recreational or other purposes.
? (ii) from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
? (iii) which are or could be used for industrial purposes by industries in interstate commerce.
(4) Impoundments of waters otherwise defined as waters of the US.
(5) The presence of a tributary to a water identified in (1) - (4) above.
(6) The presence of territorial seas.
(7) The presence of wetlands adjacent to other waters of the US, except for those wetlands adjacent to other wetlands.
Rationale for the Basis of Jurisdictional Determination (applies to any boxes checked above). If the jurisdictional water or
wetland is not itselfa navigable water of the United States, describe connection(s) to the downstream navigable waters. IfB(I) orB(3)
is used as the Basis of Jurisdiction, document navigability and/or interstate commerce connection (i.e., discuss site conditions, including
why the waterbody is navigable and/or how the destruction of the waterbody could affect interstate or foreign commerce). IfB(2, 4, 5 or
6) is used as the Basis of Jurisdiction, document the rationale used to make the determination. IfB(7) is used as the Basis of
Jurisdiction, document the rationale used to make adjacency determination: This site exhibits wetland criteria as described in the 1987
Corps Wetland Delineation Manual and is part of a broad continuum of wetlands connected to Croatan Sound.
Lateral Extent of Jurisdiction: (Reference: 33 CFR parts 328 and 329)
Ordinary High Water Mark indicated by. ? High Tide Line indicated by:
? clear, natural line impressed on the bank ? oil or scum line along shore objects
? the presence of litter and debris ? fine shell or debris deposits (foreshore)
? changes in the character of soil ? physical markings/charaetmistics
? destruction of terrestrial vegetation ? tidal gages
? shelving ? other.
? other.
Mean High Water Mark indicated by
? survey to available datum; ? physical markings; ? vegetation lines/changes in vegetation types.
Ef Wetland boundaries, as shown on the attached wetland delineation map and/or in a delineation report prepared by Brian Rubino,
Quible & Associates, P.C.
Basis For Not Asserting Jurisdiction:
The reviewed area consists entirely of uplands.
Unable to confirm the presence of waters in 33 CFR part 328(a)(1, 2, or 4-7).
H Headquarters declined to approve jurisdiction on the basis of 33 CFR part 328.3(a)(3).
The Corps has made a case-specific determination that the following waters present on the site are not Waters of the United States:
? Waste treatment systems, including treatment ponds or lagoons, pursuant to 33 CFR part 328.3.
? Artificially.irrigated areas, which would revert to upland if the irrigation ceased.
? Artificial lakes and ponds created by excavating and/or diking dry land to collect and
retain water and which are used exclusively for such purposes as stock watering, irrigation, settling basins, or rice growing.
? Artificial reflecting or swimming pools or other small ornamental bodies of water created
by excavating and/or diking dry land to retain water for primarily aesthetic reasons.
? Water-filled depressions created in dry land incidental to construction activity and pits excavated in dry land for the purpose
of obtaining fill, sand, or gravel unless and until the construction or excavation operation is abandoned and the resulting
body of water meets the definition of waters of the United States found at 33 CFR 328.3(a).
? Isolated, intrastate wetland with no nexus to interstate commerce.
? Prior converted cropland, as determined by the Natural Resources Conservation Service. Explain rationale:
? Non-tidal drainage or irrigation ditches excavated on dry land. Explain rationale:
? Other (explain):
DATA REVIEWED FOR JURSIDICTIONAL DETERllIINATION (mark all that apply):
x Maps, plans, plots or plat submitted by or on behalf of the applicant
Data sheets prepared/submitted by or on behalf of the applicant
® This office concurs with the delineation report, dated 0527/2005, prepared by (company): Quible & Associates
? This office does not concur with the delineation report, dated , prepared by (company):
Data sheets prepared by the Corps.
Corps' navigable waters' studies:
U.S. Geological Survey Hydrologic Atlas: '
U.S. Geological Survey 7.5 Minute Topographic maps: Manteo
U.S. Geological Survey 7.5 Minute Historic quadrangles:
U.S. Geological Survey 15 Minute Historic quadrangles:
USDA Natural Resources Conservation Service Soil Survey. Dare County sheet 6
National wetlands inventory map's-
State/Local wetland inventory maps:
FEMA/FIRM maps (Map Name & Date):
100-year Floodplain Elevation is: (NGVD)
Aerial Photographs (Name & Date):
Other photographs (Date):
Advanced Identification Wetland maps:
Site visit/determination conducted on: 05/052005
Applicable/supporting case law:
Other information (please specify):
Wetlands are identified and delineated using the methods and criteria established in the Corps Wetland Delineation Manual (87 Manual) (i.e., occurrence of
bydrophytic vegetation, hydric soils and wetland hydrology).
'The term "adjacent" means bordering contiguous, or neighboring. Wetlands separated from other waters of the U.S. by man-made dikes or barriers, natural
river berms, beach dunes, and the like are also adjacent

'?'() i II+It 11 Tt(JN ()I+, tf)'?71N14'IZ 1`l'i`?R 11'I'1• ill (?1'`t 2i)N4 r?Nn PK()C I{ `iS 1N1)

.
• u
Applicant: County of Dare File Number: 200511092 Date: 06/28/2005
Attached is: See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of A
permission)
PROFFERED PERMIT Standard Permit or Letter of permission) B
PERMIT DENTAL C .
APPROVED JURISDICTIONAL DETERMINATION D
PRELIlVIINARY JURISDICTIONAL DETERMINATION E
7 J" - r
l
` w 5FC
,11C) N"J. The fPl
owMt ueriflacs };ourrsghts ?c '911M)S regard an admrni5tratl'% c aPPwaI';t>f t]ic a1,rne
;decision.: ,di3i iiil)xl infomiat7on ma}' lie ?ntM at Nttp u?v?? uSace.:irrn , .mil%meL'fuilcfit7ns/cwlcec?<<?11
(.Carps rulatii ns at`? CFR Par f: 3 1.
A: INITIAL PROFFERED PERAHT• You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
OBJECT: If you object to the permit (Standard or LOP) because of.certain terms and conditions therein, you
may request that the permit be modified accordingly. You must complete Section II of this form and return
the form to the district engineer. Your objections must be received by the district engineer within 60 days of
the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your
letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your
concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having
determined that the permit should be issued as previously written. After evaluating your objections, the
district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
. APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and
conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal
Process by completing Section II of this form and sending the form to the division engineer. This form must
be received by the division engineer within 60 days of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form
must be received by the division engineer within 60 days of the date of this notice.
): APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
rovide new information.
ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of
this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
APPEAL: If you disagree with the approved JD, you'may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section H of this form and sending the form to the division engineer. This form must be received by
the division engineer within 60 days of the date of this notice.
PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
;garding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved
(which may be appealed), by contacting the Corps district for further instruction. Also you may provide new
iformation for further consideration by the Corps to reevaluate the JD.
IJC:'11(JNIT RE(?UI:I li()P. 11'I'I ??Lr ()LiI?C'I1()N'. lr(?.?N'1NIiL11,1}}Z(Ji{.1I?I I);LLlllVffl.
EASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your "
ejections to an initial proffered permit in clear concise statements. You may attach additional information to ,
us form to clarify where your reasons or objections are addressed in the administrative record.)
DDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
.emorandum far the record of the appeal conference or meeting, and any supplemental information that the
.view officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
ay add new information or analyses to the record. However, you may provide additional information to clarify
.e location of information that is already in the administrative record.

II I I C7F'C ?J _h ?C'I INI
'_ ,_ _.. TOR` C1TST10N:C1R
c?R:IvI??.II;0N:.
you have questions regarding this decision If you only have questions regarding the appeal process you
id/or the appeal process you may contact: may also contact:
'Rham Wescott
USACE Mr. Michael F. Bell, Administrative Appeal Review Officer
,
)st Office Box 1000 CESAD-ET-CO-R
'ashington, North Carolina 27889 U.S. Army Corps of Engineers, South Atlantic Division
52) 975-1616 ext 25. 60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-8801
[GHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any
)vemment consultants, to conduct investigations of the project site during the course of the appeal process. You
ill be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site
vesti ations.
Date: Telephone number:
gnature of appellant or agent.
DIVISION ENGINEER:
Commander
6
U.S. Army Engineer Division, South Atlantic
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-3490
05-03-'06 15:01 HON-DENR EEP
9197152001
COS Stem
PROGRAM
May 3, 2006
Harold Brady
Mulkey Engineers and Consultants
6750 Tryon Road
Cary, NC 27511
Project: Dare County Justice Center, Phase 2
T-783 P02
County: Dare
U-261
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NC EEP) is willing to
accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that
the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the
applicant to contact these agencies to determine if payment to the NC EEP will be approved.
This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404
Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send
copies of the 404/401/CAMA permits to NC EEP. Once NC EEP receives a copy of the 404 Permit and/or the 401
Certification an invoice will be issued and payment must be made.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the
following table.
River Basin Wetlands Stream Buffer Buffer
Cataloging (Acres) (Linear Feet) Zone 1 Zone 2
Unit (Sq. Ft.) (Sq. Ft.)
Riparian Non-Riparian Coastal Marsh Cold Cool Warm
Pasquotank 0 1.5 0 0 0 0 0 0
03010205
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation for the permitted impacts
up to a 2:1 ratio, (buffers, Zone 1 at a 3:1 ratio and Zone 2 at a 1.5:1 ratio). The type and amount of the compensatory
mitigation will be as specified in the Section 404 Permit and/or 401 Water Quality Certification, and/or CAMA Permit. The
mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of
Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Chris Mankoff at [phone].
incerely,
Fa'<
illiam D. Gilmore, PE
Director
cc: Cyndi Karoly, Wetlands1401 Unit
Tom Steffens, USAGE-Washington
Kyle Barns, DWQ-Washington
Doug Huggett, DCM-Morehead City
File
.Mt7or4l?g_ Ekka"... Pro"' av ft-ate, WC-6-KHAR
North Carolina Ecosystem Enhancement Program. 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / w%vw.ncecp.net
0 W,
COUNTY OF DARE
r
Planning Department
P.O. Box 1000, hlanteo, worth Carolina 27954 I
Manteo: [phone]
KDH Satellite: [phone]
Buxton: [phone]
May 16, 2006
Harold Brady
Mulkey En ;ineers & Consultants
6750 Trvon Road
Cary, NC 27511
Re: Permit Application Process
Dare County Justice Center Project, Phase'-?
Dear Mr. Brady:
Please accept this letter as authorization for Mulkey Engineers d: Consultants to act on
behalf of Dare County in the 404/401 permit application process for the above referenced
project.
If you should have any questions or need any additional information, please contact me at
252-475-5935.
Sincerely,
Dare County Planning; Department
91ro- 55??
Steven S. Shriver, PE
County Enbineer
LAND OF BEGINNINGS
Qualitative Indirect and
Cumulative Impacts Assessment
of the
Administrative Services Building
Dare County Justice Center
Dare County
Dare County, North Carolina
Prepared for
NC Division of Water Quality
Prepared by
f =-MULKEY
E"K GIt:EE RG t. CC?L ?'ITS?:TF
May 2006
Qualitative Indirect and
Cumulative Impacts Assessment
of the
Administrative Services Buildings
Dare County Justice Center
Project Introduction
Dare County proposes to construct an additional administrative building with associated
parking on an undeveloped portion of the existing Dare County Justice Center site. This
expansion is part of the long-range county planning to bring county services to one location.
This document is meant as an addendum to the original Environmental Assessment (EA)
document, Section E "Predicted Environmental Effects of Projects."
Study Area
The purpose of this indirect and cumulative impact summary is to provide an assessment of
the effects the proposed project will have on natural resources in the watershed surrounding
the project area. The Council on Environmental Quality describes indirect impacts as those
"that are caused by the action and are later in time or farther removed in distance, but are
still reasonably foreseeable" (40 CFR 1508.8). Cumulative effects, are "impacts on the
environment which results from the incremental impact of the action when added to other
past, present, and reasonably foreseeable future actions regardless of what agency (federal or
nonfederal) or person undertakes such other actions" (40 CFR 1508.7).
The area studied for this assessment is generally Dare County's jurisdictional boundaries,
specifically the central portion of Roanoke Island where the project site is located. This
watershed area is included in U.S. Geological Survey (USGS) hydrologic unit 03020105. The
surrounding area contains low-density residential and commercial properties, with
undeveloped forestland and marshland throughout
The property currently supports the existing Dare County Justice Center, which houses the
county tax offices, Register of Deeds, Sheriffs office, holding cells, five courtrooms, and
Clerk of Court offices with support facilities. The future plans for the property is to
centralize all of the county services to a central location with acceptable transportation
access.
Documentation and Background Information
The following documents are incorporated as supporting documentation and as references
for this assessment They are:
• Dare County Justice Facility, an Analysis of Alternatives (August 2000): The review
process included assessments of available properties on Roanoke Island that are
sufficient in area for the project, associated environmental impacts, cost of the available
properties, traffic flow and potential congestion at the sites reviewed, accessibility to the
courthouse by all citizens of Dare County, safety issues related to transportation of
prisoners by law enforcement officers to the facility and associated security for attorneys,
judges, and courthouse personnel.
• Draft Roanoke Island Transportation Plan: The purpose of this plan was to develop a
transportation plan that identifies potential transportation projects for short-term, mid-
term, and long-term conditions. As a planning level document, this transportation plan
for Roanoke Island establishes the general guidance and direction for the future
transportation network on Roanoke Island.
Natural Resources
Natural resource investigations were conducted by Mulkey, Inc. (Mulkey) personnel in May
2005 for the proposed project. Quible & Associates conducted previous wetland
delineations on the subject property and a formal jurisdictional determination re-verification
was approved by the USACE for the site on June 28, 2005.
Potential for Indirect and Cumulative Effects
According to guidance developed for assessing indirect and cumulative impacts caused by
implementation of building projects, several factors are taken into consideration when
evaluating the potential for impacts. The following is an assessment of these factors as they
relate to the proposed project.
• Conflict with Local Plan
As previously discussed, the proposed project is consistent with local and regional planning
and is included in Dare County's planning documents. It is not in conflict with any local or
regional land use plans or zoning.
• Explicit Economic Development Purpose
The purpose of this project is to provide additional office and conference space for various
existing county services.
• Stimulation of Complimentary Land Development
Stimulation of complimentary land development is most likely to occur when projects are
located near undeveloped sites. Complementary development can occur in either urban or
suburban areas, and is more likely to be associated with a greater proportion and mix of
higher density uses. Since this is merely an addition to the existing Dare County Justice
Center complex little off-site development is anticipated to occur from the construction of
this project The majority of the development that has occurred since the original Dare
Justice Center was completed in 2002 has been the result of the recently constructed 4-lane
US Highway 64 bypass of Manteo.
2
Notable Features in the Project Area
jurisdictional wetlands are found throughout the proposed construction site. These
resources are described in the attached cover letter report Efforts have been taken to avoid
and minimize the impacts to wetlands as much as feasible.
The layout of the building and associated parking were oriented so as to use the greatest
amount of non-wetland acreage. Also, a retention wall will be constructed on the south side
of the proposed building to significantly minimize wetland impacts.
Analysis of Indirect and Cumulative Impacts
This analysis is by necessity a brief overview of potential impacts to natural resources from
indirect and cumulative effects. A summary of the indirect and cumulative effects analysis
indicates the following.
• Growth trends indicate that Dare County, the Town of Manteo, and surrounding areas
are continuing to grow, driven primarily by a tourism industry found throughout coastal
communities. All community services are then by necessity needed to grow to meet the
demands of the population. This proposed Administrative Services building will serve to
provide current and future needs for county services from its citizens.
• The undeveloped land surrounding the Dare County site will likely remain undeveloped
due to significant wetland and coastal acreages and because it is land-locked with no
roadway access available. In addition, a substantial portion of the surrounding
undeveloped land has been placed into a permanent conservation easement from the
construction of the original Dare County Justice Center building.
Local changes in zoning designations or land use are not anticipated as a result of this
project The surrounding area is zoned for residential and commercial development,
which will potentially create more impervious surface per acre than existing levels. This
could lead to increases in surface water runoff from these surfaces; however, this project
is not anticipated to spur this growth.
• The project area contains both wetland and non-wetland areas that have been
significantly disturbed in the past from clearing, grubbing, digging, and mulching
activities. The wetlands are not fully functioning and are not high quality. Therefore,
these communities are not unique and provide wildlife habitat primarily to those species
that have adapted well to man-dominated or altered communities.
• Due to the distance from the Roanoke or Croatan Sounds, water quality degradation is
not anticipated from the construction of the proposed administrative building. Strict
adherence to all federal, state, and local regulations during construction will help ensure
that the surface waters are not negatively impacted or that impacts are minimal.
• The potential does not exist for private residences to transition to businesses due to
implementation of this project
3
• The consequences of potential ecological effects are expected to be minor since the
project site is in a suburban area. With proper adherence to regulations, it is anticipated
that this project will not produce substantial changes in the ecological makeup of the
study area; therefore, the consequences of such effects are expected to be minimal.
Mitigation of Indirect and Cumulative Impacts
Several layers of federal, state, and local regulations and ordinances designed to protect the
natural environment, and water quality in particular, already exist. All development projects,
whether completed by Dare County or other entity, must follow these guidelines in order to
mitigate potential indirect and cumulative impacts.
The regulations and programs listed below are not intended to be definitive or restrictive.
New rules and regulations may be promulgated in the future that will provide additional
levels of environmental protection.
Federal and State Regulations
Clean Water Act: Section 404 and Section 401. These programs regulate impacts to
jurisdictional surface waters, including streams, wetlands, and certain impounded waters.
All private and public construction activities must obtain applicable permits and
certifications prior to commencing work that will affect these regulated resources.
Primary components of the 404 and 401 programs is the requirement for avoidance and
minimization of impacts before the agencies consider permit applications.
• Clean Water Act: Section 303(d). Waters identified by the State as not supporting the
intended uses must be identified on a statewide list of impaired waters. Water pollution
sources must be identified and the total maximum daily limits (TMDL) of pollutants
allowed must be allocated among the permitted dischargers.
• Clean Air Act: The subject property is located in an area classified as a "complete
attainment" area by the North Carolina Department of Air Quality. The air quality is
expected to remain within allowable pollutant levels.
• Endangered Species Act of 1973: Protects and conserves natural habitats of species that
have been listed by the US Fish and Wildlife Service (USFWS) as threatened or
endangered.
• National Flood Insurance Program (NFIP): Protects stream riparian areas and wetlands,
as well as water quality, by restricting floodplain development. Dare County and the
Town of Manteo flood protection program meets or exceeds requirements of the non-
regulatory national program.
• National Pollution Discharge Elimination System (NPDES): Stormwater discharges
controlled by NPDES are regulated by NCDWQ's Phase I and Phase II permit program.
Under the Phase II program, local governments are required to implement measures for
reducing and managing stormwater.
North Carolina Archaeological Resources Protection Act (NCARPA): Archaeological
resources on private or public lands are protected under NCARPA, the Unmarked
Human Burial and Human Skeletal Remains Protection Act, the North Carolina
Archeological Record Program, the State Environmental Protection Act, and other
federal laws. The USACE requires an archeological review for projects needing a
Section 404 permit
• North Carolina Sedimentation and Pollution Control Act: Land disturbing activities
such as construction projects must install and maintain adequate sediment control
measures that prevent sediment from entering streams. The NC Division of Land
Resources regulates construction activities by requiring application for a sediment and
erosion control permit.
• North Carolina Clean Water Management Trust Fund: A non-regulatory program that
was created to address water quality problems by eliminating pollution, protecting and
conserving unpolluted surface waters, and establishing riparian buffers.
Conclusion
It is reasonable to conclude that construction of the proposed Administrative Services
building will not increase ecological impacts beyond those expected from current and future
development plans for the region. The federal, state, and local regulations and ordinances
that currently exist adequately provide protections for the natural environment and provide
controls to limit indirect and cumulative impacts.
FINDING OF NO SIGNIFICANT IMPACT
Environmental Assessment for the Dare County Justice Facility
Dare County
February 15, 2001
An environmental assessment (EA) has been prepared pursuant to the requirements of the
North Carolina Environmental Policy Act for the proposed Dare County Justice Facility. A new
courthouse will be constructed on Roanoke Island in Dare County. This courthouse will consist
of a two story primary building with two smaller out buildings and approximately 5 acres of
parking facilities. This facility will consolidate services related to judicial matters into a facility
that will better serve the needs of the County citizens. This project will be located on Roanoke
Island in eastern Dare County.
The abundance of wetlands on the 80-acre site presented a challenge for this project,
however, the issues have been resolved. Approximately 60 acres are designated as wetland areas
requiring a federal permit. In addition a wetland mitigation plan was required. The water
resources of the region include surface waters in streams and drainageways and groundwater.
None of the water resources of the region are likely to be impacted as a result of this project.
There are no shellfish leases within the vicinity of this site. Air quality and noise levels may be
impacted during the construction phase of this project, but the impacts are not likely to be long-
term.
A detailed "alternatives analysis" was conducted to evaluate the best location for the new
justice facility. The "alternatives analysis" looked at numerous sites as well as renovating the
existing courthouse in Manteo. The final location presented in the Environmental Assessment
was chosen as it met all requirements needed to consolidate judicial activities into a centralized
location.
Mitigative measures will be incorporated into the project to reduce or eliminate further
environmental impacts. These include providing mitigation at the rate of 20:1 for impacts to
existing wetlands. 2.73 acres of wetland are anticipated to be affected by this project; hence,
Dare County has also agreed to purchase mitigation credits at a ratio of 2:1 in an approved
mitigation bank or by direct payment to an appropriate conservation fund. In addition,
stormwater management facilities will be in place to minimize impacts of runoff.
Based on the findings of the EA and on the impact avoidance/mitigation measures contained
therein, it is concluded that the proposed project will not result in significant impacts to the
environment. This EA and Finding of No Significant Impact (FONSI) are prerequisites for the
issuance of the permit actions by the Division of Water Quality. Pending approval by the State
Clearinghouse, the environmental review for this project will be concluded. An environmental
impact statement will not be prepared for this project.
Division of Water Quality
February 15, 2001
Email communications concerning the EA and FONSI
Cindy,
If I recall that FONSI is less than five years old. Provided the new
building was considered in it and no changes are proposed to what the
FONSI authorized, the project can proceed to permitting. Please attach
a copy of the FONSI to the permit application.
Alex
-----Original Message-----
From: Melba McGee [mailto:[e-mail]]
Sent: Tuesday, April 25, 2006 1:28 PM
To: Cindy Carr
Subject: Re: FW: SEPA Requirements for Dare County Project
Normally, I ask that the EA/FONSI be resubmitted if its older than 5-6
years and there have been significant changes. Since this project has
not changed and they still need the 401/404 go ahead with the permit
application process. Mulkey does not need to submit anything regarding
SEPA. If you have any other questions, let me know.
Cindy Carr wrote:
> Melba,
> I sent the email below to Alex Marks and received reply that he is
out
> of the office this week. We have a critical time line to resolve our
> questions, so I'm submitting this to you for any help you can
provide.
> Please call me if you'd like to discuss this project or if you need
> additional information.
> Thanks
> Cindy Carr
> ---------------------------------------------------------------------

> *From:* Cindy Carr
> *Sent:* Tuesday, April 25, 2006 1:05 PM
> *To:* '[e-mail]'
> *Subject:* SEPA Requirements for Dare County Project

> Alex,
> I was referred to you by Ian McMillan/DWQ Permitting Unit as the
> likely person who could answer questions I have regarding SEPA
> requirements for a Dare County project we're working on. Some
history:
> An EA/FONSI was written and submitted through the Clearinghouse in
> 2000 for a new Justice Center building built by Dare County
> government. It was built on a parcel of land that was developed to
> accommodate a total of 4 buildings to be constructed in phases. Now,
> the County is ready to construct the second building on this sit e.
> This new building will create about 1.2 acres of wetland impacts and
> Mulkey has been coordinating with the Army Corps for application of
an
> Individual Permit.
> There are no SHPO or archeology changes, no T&E species changes, and
AMP=
SINCE 1959
ENVIRONMENTAL ASSESSMENT
for
DARE COUNTY JUSTICE FACILITY
ROANOKE ISLAND, DARE COUNTY,
NORTH CAROLINA
Prepared For:
North Carolina Division of Water Quality
and
Dare County
Prepared By:
Quible & Associates, P.C.
Engineering - Environmental Sciences - Planning
PO Drawer 870
Kitty Hawk, North Carolina 27949
[phone] FAX [phone]
E-Mail - [e-mail]
Project Number P00051
November 1, 2000
ENVIRONMENTAL ASSESSMENT
DARE COUNTY JUSTICE FACILITY
ROANOKE ISLAND, DARE COUNTY, NORTH CAROLINA
TABLE OF CONTENTS
A. Proposed Project Description
B. Purpose and Need for Proposed Project
C. Alternatives Analysis
D. Existing Environmental Conditions of Project Area
1. Topography
2. Soils
3. Land Use
4. Wetlands
5. Prime or Unique Agricultural Lands
6. Public Lands and Scenic, Recreational, and State Natural Areas
7. Areas of Archaeological or Historical Value
8. Air Quality
9. Noise Levels
10.Water Resources
11. Forest Resources
12. Shellfish and Their Habitat
13. Wildlife and Natural Vegetation
E. Predicted Environmental Effects of Projects
1. Topography
2. Soils
3. Land Use
4. Wetlands
5. Prime or Unique Agricultural Lands
6. Public Lands and Scenic, Recreational, and State Natural Areas
7. Areas of Archaeological or Historical Value
8. Air Quality
9. Noise Levels
IO.Water Resources
11. Forest Resources
12. Shellfish and Their Habitat
13. Wildlife and Natural Vegetation
14. Introduction of Toxic Substances
F. Mitigative Measures
G. State and Federal Permits Require
ENVIRONMENTAL ASSESSMENT
DARE COUNTY JUSTICE FACILITY
ROANOKE ISLAND, DARE COUNTY, NORTH CAROLINA
ATTACHMENTS
Attachment A- Site Location/Topographic Map
Attachment B- Plan view plat of the proposed project
Attachment C- Approved 404 Wetlands Delineation
Attachment D- Alternatives Analysis for Justice Facility
Attachment E- Soil Survey - Dare County NRCS
Attachment F- Wetlands Classification from Remote Sensing
Attachment G- Quible and Associates Plan View Plat of the proposed site (development and wetland
mitigation)
Attachment H- Rare and Protected Species List
Attachment I- Correspondence from the Department of Cultural Resources, Historic Preservation
Office (forthcoming)
Appendix 1- Wetland Mitigation Plan
. ENVIRONMENTAL ASSESSAIENT
DARE COUNTY JUSTICE FACILITY
ROANOKE ISLAND, DARE COUNTY, NORTH CAROLINA
A. PROPOSED PROJECT DESCRIPTION
Dare County has proposed to construct a new justice facility on Roanoke Island. The site
selected for the courthouse is an approximately 80.64 acre tract of land located 1/8th of a mile
northwest of the US 64/264 junction with NC 345 (at approximately 35° 53'22"N, and 75° 39'
41"W) on Roanoke Island, Dare County, North Carolina. Attachment A depicts the project
location on a Site Location/Topographic Map. Attachment_ B presents the proposed justice
facility and associated buildings, drive, and parking area, and areas of impact to wetlands.
Specifically, the proposed project includes a two-story 35,112 square foot primary building with
two out-buildings. Parking for the facility surrounds the buildings and covers a total of 208,646
square feet. Stormwater retention basins will be constructed as part of the overall development.
The total impermeable coverage associated with the project is 284,316 square feet. Some
grading and infrastructure construction will occur in wetlands. An approved Section 404
wetlands delineation for the subject property is included as Attachment C.
The project site was selected following an analysis of alternative properties performed by Quible
& Associates and the Dare County Capital Improvements Committee. This analysis is entitled
Dare County Justice Facility, an Analysis of Alternatives, and is provided as Attachment D. The
review process included assessments of available properties on Roanoke Island that are
sufficient in area for the project, associated environmental impacts, cost of the available
properties, traffic flow and potential congestion at the sites-reviewed, accessibility to the
courthouse by all citizens of Dare County, safety issues related to transportation of prisoners by
law enforcement officers to the facility and associated security for attorneys, judges and
courthouse personnel. Also considered were surrounding property uses which might tend to
detract from the courthouse and other aesthetic and visual considerations that would impact a
facility that will be a long standing symbol of Dare County government. Following review
utilizing all the parameters described above the subject tract was selected as superior to the other
available alternatives.
Following the site selection process, Dare County authorized Heery Architects and Quible &
Associates, P.C. (Quible) to develop a preliminary design for the Courthouse utilizing the subject
tract. The enclosed plan view of the project has been prepared with coordination and input from
the Dare County Commissioners, Dare County Manager, Dare County District Attorney, Dare.
County Sheriff's Department and presiding Judges that will hold court in the new facility. The
proposed project at build out includes a total of 284,316 square feet. (6.53 acres) of impervious
surface with approximately 118,919 square feet (2:73 acres) of that total located within Section
404 wetlands. A numerical breakdown of the proposed development and impacts is found on the
enclosed plan view plat. The configuration of the courthouse complex has been manipulated by
Quible and Heery to maximize use of the available uplands on the parcel and development within
wetlands represents unavoidable impacts given the minimum requirements for the master plan
developed. The project will be served with central sewer from the Town of Manteo and potable
water is provided from the central Dare County system.
Page 1 of 10
B. PURPOSE AND NEED FOR PROPOSED PROJECT
Currently, Dare County government buildings with services related to judicial matters are located
in separate buildings at a number of locations on Roanoke Island. There have been three separate
studies in 1994, 1995 and 2000 concerning alternatives for improvements in that system and to
analyze requirements related to the size, location, traffic flow, parking requirements and
infrastructure requirements for renovation of the existing courthouse or for construction of a new
facility. The County also identified a need for governmental services such as the tax office,
clerk of court, registrar of deeds, law enforcement, court rooms, and other administrative
buildings to be located in proximity to each to better serve the citizens of the County. The
studies further indicated that a facility of approximately 70,000 sq. ft. with 400 parking spaces
will be required to provide the combined services described above, and in more detail in the
Alternatives Analysis included as an attachment to this EA.
C. ALTERNATIVES ANALYSIS
A comprehensive Alternatives Analysis is included at Attachment D. A summary of the
comprehensive analysis revealed the following as the most reasonable alternatives if the
proposed project was not permitted.
No Action
If a new judicial facility is not constructed then the problems that have been identified since the
1980's will continue to exist. (Note: See enclosed Attachment D outlining status of courthouse
and associated administrative buildings prepared in 1984 by NCSU School of Design; Also
enclosed is a March 30, 1998 letter from the Dare County Grand Jury to-the Dare County Board
of Commissioners outlining deficiencies in operation and physical conditions associated with the
current courthouse based on their use of the facility. Based on the referenced studies, and the
continued growth of the case load that is occurring in Dare County, it is the position of the Dare
Commissioners that continued use of the current facility is short sited and unacceptable.
Renovation of Existing Courthouse
A review of requirements for the renovation and expansion of the existing courthouse has
identified two major problems. First, the existing courthouse, which was completed in 1904 has
been calculated to contain 5,274 square feet of usable space on two floors. The courthouse is
located on a small tract of land in the center of downtown Manteo with paved streets on three
sides. The surrounding area is completely developed and therefore the opportunity to expand the
facility either vertically or horizontally sufficient to meet current needs is extremely problematic.
Secondly, parking in downtown Manteo has been at a premium for a number of years. Recently,
the construction of new retail facilities and the expansion of the Roanoke Island Festival Park
have made the traffic and parking problems even worse. No solution to the parking problems
that would be created by the expansion of the courthouse has been identified short of removing
existing buildings for the purpose of constructing required parking. Therefore, the renovation of
the existing facility is considered impractical because it would create problems with traffic and
parking downtown. For this reason the county has rejected this approach.
Page 2 of 10
D. EXISTING ENVIRONMENTAL CHARACTERISTICS OF PROJECT AREA
1. Topography- The natural topography of the subject site is relatively level with a gentle
slope toward the west, in the direction of Croatan Sound. A man-made bermed area exists
in the vicinity of the proposed justice facility, and also further west, in the location of a
former borrow pit. The bermed areas are devoid of vegetation and used for dredge spoil
containment. The top of the spoil containment berm represents the highest elevation of
the subject site.
2. Soils- According to the Dare County soil survey, dated March 1992, the subject property
contains Hobonny, Leon, Baymeade, Belhaven, and Johns soil series. Hobonny, Leon and
Belhaven series are considered hydric and Baymeade and Johns are considered to be non-
hydric. All of these series are sandy to loamy sand, except for the Hobonny series which
is a fiberous to sapric muck. Areas that have been developed for dredge spoil placement
may no longer exhibit the natural soil profile. Soil survey data is depicted on a soils map
included as Attachment E.
3. Land Use- Currently, the subject site is used for on-site disposal of dredge spoil, or is
undeveloped wooded, shrub/scrub wetlands or coastal marsh.
Land to the east of the subject site is developed commercially along US 64/264, and near
the intersection of US64/264 and the new US 64/264 right-of-way. To the south of the
subject site is the new US 64/264 right-of-way leading to the new Croatan Sound bridge.
West of the subject site is the Croatan Sound. Adjacent property to the north of the
subject site is undeveloped and wooded. The nearest residential land use occurs on the
adjacent property to the northeast of the subject site.
4. Wetlands- 60.57 acres of wetlands exist on the 80.64 acre parcel. The "Section 404"
wetlands are depicted on a map included as Attachment C. This wetland/upland line was
delineated during 1998 and 1999 and verified by the United States Army Corps of
Engineers by signature on March 15, 1999. These 404 wetlands consist of scrub/shrub
and forested type systems that primarily a function as wildlife habitat.
Coastal wetlands exist throughout the west and northwest areas of the site. These Juncus
roemerianus dominated marshlands are under the jurisdiction of the North Carolina
Division of Coastal Management. Through use of remote censing techniques, a total of
23.05 acres of coastal wetlands have been calculated on the site and can be viewed on
Attachment F. These wetlands serve as wildlife habitat and also abate erosion during
storm events.
A comprehensive discussion of the wetlands upon the subject property, the proposed
alteration of some of the wetlands for construction of the proposed facility, and
compensatory mitigation proposed is included as a separate Wetland Mitigation Plan in
Appendix 1. A site plat of the 80.64 acre parcel including impacted wetlands and
proposed wetland mitigation area is represented as Attachment G.
5. Prime or Unique Agricultural Lands- The subject property contains marshland, wooded
uplands, scrub/shrub wetlands or forested wetlands. None of the subject property is used
for agricultural purposes.
Page 3 of 10
6. Public Lands and Scenic, Recreational, and State Natural Areas- This subject
property is privately owned by the Marshall C. Collins Family Limited Partnership. None
of the surrounding properties are considered public lands or Scenic, Recreational or State
Natural Areas.
7. Areas of Archaeological or Historical Value- A review of the subject property is being
conducted by the Department of Cultural Resources at the Historic Preservation Office in
Raleigh, North Carolina. According to the Eastern Office of Archives and History, the
proposed site is not included as a zone of significant archaeological or historical value.
8. Air Quality- The subject property is located in an area classified as a "complete
attainment" area by the North Carolina Department of Air Quality. The air quality is
expected to remain within allowable pollutant limits.
9. Noise-Levels- The subject property is currently used for placement of dredge spoil.
Additionally, the new US 64/264 Croatan Sound Bridge right-of-way borders the property
to the south. Current noise on the property is minimal, except that from the work on the
DOT right-of-way and operations associated with the dredge process.
10. Water Resources- The subject site is located in the Pasquotank River Basin. Surface
water resources in the vicinity of the subject site include Shallowbag Bay (SC waters) to
the north and Croatan Sound (SA waters) the west. The two bodies of water are connected
by an approximately 2.0 mile ditch. This ditch is influenced by wind tides and may flow
in either direction.
Groundwater use in the vicinity of the subject site includes supply wells within the Skyco
Water Plant Wellhead Protection area. These wells are developed within Quaternary
deposits to a depth of approximately 250 feet. This zone is characterized by sediments
deposited since the end of the Pliocene and includes interbedded layers and lenses of sand
silt clay and mollusk shell. Ten wells are located in this area. Well installation records
confirm the location, stratigraphy, hydrology and depth of each well. Recharge to this
aquifer system is through precipitation infiltration through the soil zone.
11. Forest Resources- The subject property contains marshland, wooded uplands,
scrub/shrub wetlands or forested wetlands. A comprehensive discussion of the vegetative
communities on the subject property is contained within the Wetland Mitigation Plan
included as Appendix 1.
12. Shellfish, Fish and their Habitat- The ditch that passes through the subject property
connects the Croatan Sound with Shallowbag Bay. Croatan Sound is classified as SA
waters and Shallowbag Bay is classified as SC waters. The fisheries of Croatan Sound
are utilized by local commercial and recreational users. Shellfish leases are not located in
the Croatan Sound in the vicinity of the subject site according to the Resource
Enhancement Section of the North Carolina Division of Marine Fisheries. The fishery
quality of Shallowbag Bay is not as significant as the Croatan Sound, presumably due to
the commercial nature of surrounding land use which may have had some impact on the
health or productivity of the water, and is in fact closed to shellfish harvest due to
Page 4 of 10
pollutants. The ditch that connects these two water bodies passes through the subject
property. During the spring through fall this ditch contains juvenile fish species,
especially in the west end, closer to Croatan Sound.
13. Wildlife and Natural Vegetation-Rare and protected species listed for Dare County can
be found in Attachment H. According to the USFNVS, federally protected endangered
species listed for Dare County as of the February 28, 2000 listing include the kemp's
ridley sea turtle (Lepidochelys kempit), hawksbill sea turtle (Eretomochelys imbricata),
peregrine falcon (Falco peregrimus), red-cockaded woodpecker (Picoides borealis),
roseate tem (Sterna dougalit) and manatee (Trichechus manatus).
The Kemp's ridley, hawksbill and leatherback turtles are typically found in the open
marine environment or on the beach when laying eggs, but may also enter the bays and
sounds. These species and their habitat are not expected to be found in the project area.
The peregrine falcon is a medium-sized raptor which nests on cliffs, river cutbanks, and
trees; and hunts over open fields, waterways, and wetland areas such as swamps and
marshes. The red-cockaded woodpecker is a small 20 to 22 cm (8 to 9 inch) wood boring
bird found in open stands of mature pines. The roseate tern is a small black-capped bird
with a deeply forked tail and black bill. It is a coastal species, found along salt bays,
estuaries and oceans. The manatee is a large aquatic mammal found in both salt and fresh
water in depths of 1.5 to 6 meters (5 to 20 feet) including canals, rivers, estuarine habitats,
and saltwater bays. None of these federally listed endangered species have been reported
on or within the vicinity of the Dare County Justice Facility site.
Federally listed threatened species for Dare County include the loggerhead sea turtle
(Caretta caretta), green turtle (Chelonia mydas), piping plover (Charadrius melodus),
bald eagle (Haliaeetus leucocephalus), and the seabeach amaranth (Amaranthus pumilus).
The loggerhead and green turtle are typically found at sea, but may also enter bays and
sounds and may be found on beaches. The piping plover is a small 15 to 19 cm (6 to 7.5
inch) wading bird typically found on sand beaches and tidal flats. The bald eagle is a
large raptor which nests in trees associated with coasts, rivers, and lakes. The seabeach
amaranth is a monoecious annual herb with fleshy, roundish leaves, large fruits, and
numerous branched stems. This reddish tinted amaranth is found on the upper beach and
lower foredune of coastal barrier islands. None of these federally listed threatened
species have been reported on or within the vicinity of the Dare County Justice Facility
site.
The red wolf (Canis rufus) is listed as experimental by the USFWS. Experimental species
are treated as threatened on public land, for consultation purposes, and are proposed for
listing on private land. The red wolf is a medium sized canid which inhabits any area of
sufficient size that provides food, water, and thick vegetation for cover, including coastal
prairie and marsh habitat. This species has been reintroduced into the Alligator River
National Wildlife Refuge.
The American alligator (Aligator mississippiensis) is listed as threatened due to the
similarity in appearance and habitat preferences to the American crocodile (Crocodylus
acutus), which is listed as an endangered species nationally. The alligator is not
considered to be threatened or endangered and is not protected under the Endangered
Species Act. Preferred habitats include: rivers, streams, lakes, ponds, swamps, wetlands,
Page 5 of 10
and other low water areas where fish, fowl and small animals provide an adequate food
supply. Alligators are also known to inhabit ditches and drainage systems. Nesting sites
include low, wet herbaceous areas where a mound is built and eggs laid. Incubation
temperatures are provided by decomposing vegetation incorporated into the nesting
mound. During field work in the project area, no alligators or crocodiles were found. No
sightings near the project area have been reported to the NC Natural Heritage Program. A
determination was therefore made that this project would have no effect on the American
alligator or American crocodile.
The black rail (Laterallus jamaicensis), rafinesque's big-eared bat (Corynorhimus
rafenesquii), and dune blue curls (Trichostema sp.) are listed as Federal Species of
Concern (FSC) which may occur in Dare County. The black rail is a small 13 to 15 cm (5
to 6 inch) bird found in tidal marshes, grassy marshes and stubble fields. Rffinesque's
big-eared bat is a medium-sized, long eared bat. Its preferred habitat is old growth forests
and it is typically found in the coastal plain of North Carolina along river systems and
other bodies of water. Dune blue curls are found on sandy and vegetated dunes, as well as
in openings in maritime forests or shrub areas. None of these species were observed
during visits to the subject site. Of all species with special Federal status, the Black Rail
has the greatest potential to be located in the vicinity of the subject property. This species
would most likely be found within the coastal marsh, and not directly in the project area.
E. PREDICTED ENVIRONMENTAL EFFECTS OF PROJECTS
1. Topography- The existing site conditions do not represent the natural topography of the
region as large soil berms have been constructed on-site for dredge spoil placement.
The topography of the subject site will be directly altered by the proposed project.
Indirectly, the topography of the site may be altered as, it is presumed that on-site creation
of wetlands is going to be a required component of the mitigation plan, which will require
site work to modify the site elevation to create suitable wetland hydrology.
2. Soils- As with the topography, the soils have been modified in the bermed areas through
compaction and introduction of non-native soils. The proposed project will result in
further alteration of the soil types currently existing on-site. Modification will primarily
be due to compaction and reduction or elimination of natural percolation of precipitation
through the soil because of impermeable coverage. An indirect impact associated with the
proposed plan results from change in elevation in the area proposed for creating wetlands.
In this area, which is now Baymeade, fine sand, decrease in the elevation will result in
more frequent innundation or saturation near the land surface, resulting in increased
anaerobic conditions within the soil profile. Over time these soils will exhibit hydric
characteristics and, eventually, be considered hydric.
3. Land use- On-site land use will be altered as a result of the proposed project. Some
wetlands will be filled and converted to uplands and used for construction of public
buildings. An indirect change in land use will result from constructing wetlands from
current uplands.
4. Wetlands- 2.73 acres of wetlands upon the subject property will be filled as a result of
the proposed project. This activity will require an Individual Permit from the United
Page 6 of 10
States Army Corps of Engineers. A detailed discussion of the impacts to wetlands and
proposed compensatory mitigation is presented in a Wetland Mitigation Plan which is
included as Appendix 1.
5. Prime or Unique Agricultural Lands-The proposed project will not result in impact to
or loss of agricultural land.
6. Public lands, and Scenic, Recreational and State Natural Areas-The proposed project
will not result in impact to, or loss of Public lands or Scenic, Recreational or State Natural
areas.
7. Areas of Archaeological or Historical value- Correspondence addressing the findings of
the Historic Preservation Office of the Department of Cultural Resources will be included
as Attachment I upon completion. It is the opinion of the Department that no historic or
archaeological resources would be adversely impacted by the proposed activity.
8. Air Quality-The proposed project will not result in a construction of a facility which will
be required to be permitted as a source of emissions. No regulatory compliance
requirement will be associated with the proposed facility. Construction of the proposed
facility will be achieved by use of vehicles and heavy equipment that will be powered by
internal combustion engines. Thus, during construction an increase in oxides of nitrogen,
suffer and carbon, and VOCs typical of internal combustion engine powered vehicle
operation will result. These same atmospheric contaminants will increase in the project
area when the facility is in use. However, regionally, the increase in these compounds to
the atmosphere will not increase as activities associated with the proposed public
buildings already exist in the Town of Manteo.
The nearest Class 1, protected area exists at the Swanquarter National Wilderness Area,
approximately 55 miles from the subject site. Potential atmospheric contaminants from
Roanoke Island are not expected to impact this protected area.
9. Noise Levels-During construction of the proposed facility noise levels on the property
will increase. Following construction, use of the subject facility will increase noise levels
on the property and, through concentrated vehicle use, in the vicinity of the property. The
significance of the increase in operational and vehicle noise resulting from use of this
facility is lessened however, considering the future noise associated with traffic flow on
the new U.S. 64/264, adjacent to the site.
10. Water Resources- Runoff from the project site shall be contained within stormwater
retention basins. By design, it is not likely that surface waters will be degraded by the
proposed project. Additionally, the project design does not propose groundwater
withdrawl. The project will result in an increase in impervious surface cover of 2.73
acres.
11. Forest Resources- Some forested wetlands and uplands will be impacted by the proposed
project through road construction and fill for parking areas and buildings. Although the
proposed project covers approximately 6.53 acres, approximately 5.3 acres of this is
currently cleared and bermed for dredge spoil placement. The area of forest resource
Page 7 of 10
impacted will be 1.24 acres. This area consists of forested and shrub/scrub wetlands and
forested uplands.
12. Shellfish or Fish and their Habitats- No impacts to the fish or shellfish habitat are
anticipated in relation to this project. As determined by the North Carolina Division of
Marine Fisheries, no shellfish leases exist in Shallowbag Bay or in in the Croatan Sound
within the project's vicinity.
13. Wildlife and Natural Vegetation- As discussed in Section E. 11 above, 1.23 acres of
forest or scrub/shrub habitat will be lost as a result of the proposed activity. Section D. 13
identifies the threatened or endangered species found in Dare County. None of these
species have been reported in the vicinity of the subject site. Habitat similar to that lost
on the subject site by the recent dredge spoil placement and by the subject property is
located north and west of the subject site. Wildlife that may be displaced by the proposed
project may find suitable habitat there.
14. Introduction of Toxic Substances-The proposed project will result primarily in the
construction of public office space. The nature of future use would not be expected to
involve the use or storage of hazardous materials or substances. During the construction
of the proposed facility it is likely that fuel for equipment will be brought to the site and
possibly stored. Although storage of this type of substance presents a potential threat to
the environment if a release occurred, typical management practices, materials handling
and storage protocol, and proper containment should prevent this, or at least lower the
risk.
F. MITIGATIVE MEASURES
The design of the proposed facility has undergone a series of design modifications throughout the
last year and reflects continued attempts to minimize and avoid impacts to natural resources and
jurisdictional wetlands. At present, the anticipated impacts to wetlands will be 2.73 acres. To
offset the unavoidable impacts Dare County proposed to mitigation for these impact in the form
of approximately 20:1 on-site preservation of existing wetlands, creation of a on-site, in-kind
wetlands within upland areas of the subject property, and the purchase of mitigation credits at a
ration of 2:1 in an approved mitigation bank or by direct payment to an appropriate conservation
fund.
G. STATE AND FEDERAL PERMITS REQUIRED
Coastal Area Management Act Major Development Permit, North Carolina Division of
Coastal Management
Stormwater Management Permit, North Carolina Department of Environment and Natural
Resources (Washington Regional Office)
Erosion and Sediment Control Plan, North Carolina Department of Environment and Natural
Resources (Washington Regional Office)
Page 8 of 10
Encroachment Agreements, North Carolina Department of Transportation (Raleigh)
U. S. Army Corps of Engineers - Individual Permit (Washington)
401 Certification - North Carolina Division of Water Quality (Raleigh)
Page 9 of 10
REFERENCES
Field Guide to North American Trees, Eastern Region. The Audubon Society. Chanticlear Press, Inc.
1991.
Heath, Ralph C., 1989. Basic Groundwater Hydrology. USGS Water Supply Paper 2220.
Hydric Soils of North Carolina, December 15, 1995.
Munsell Soil Color Charts (1990).
North Carolina Department of Transportation. 1999. Aerial Photograph of Subject Property.
North Carolina Department of Transportation. 1995. Aerial Photograph of Subject Property.
Southern Wetland Flora, Field Office Guide to Plant Species. United States Department of Agriculture.
United States Department of the Interior. Fish and Wildlife Service. 1988. National List of Plant Species
That Occur in Wetlands. Region 2 - Southeast.
United States Department of Agriculture, Soil Conservation Service. March 1992. Soil Survey of Dare
County, North Carolina. North Carolina Agricultural Experiment Station, Raleigh, North Carolina.
United States Geological Survey 1953, Photorevised 1983. Manteo Quadrangle, North Carolina 7.5'
Series Topographic Map.
United States Army Corps of Engineers, 1987. Wetland Delineation Manual. Technical Report Y-87-1.
U.S. Army Engineer Waterways Experiment Station, Vicksburg, MS.
U.S. Fish and Wildlife Service. 2000. Dare County Endangered Species, Threatened Species,
and Federal Species of Concern. Updated February 28, 2000.
Cooper, D. C., Alley, F. C. 1994. Air Pollution Control. Waveland Press, Inc.
Page 10 of 10
W AT X90
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Mr. Steve Shriver
Dare County Planning Department
211 Budleigh Street
Manteo, NC 27954
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
August 28, 2006
Re: Dare County Justice Center - Phase II, Dare County
DWQ #20060946; USACE ORM ID #:SAW- 2006-32369-128

Alan W. Klimek, P.E. Director
Division_of Water Quality
APPROVAL of 401 Water Quality Certification and with Additional Conditions
Dear Mr. Shriven
Attached hereto is a copy of Certification No. 3568 issued to Mr. Steve Shriver of Dare County Planning
Department, dated August 28, 2006. This letter shall also act as your approved Authorization Certificate
for impacts to the protected riparian buffers per 15A NCAC 2B .0233. In addition, you should get any
other federal, state or local permits before you go ahead with your project including (but not limited to)
Solid Waste, Sediment and Erosion Control, Stormwater, Dam Safety, Non-discharge and Water Supply
Watershed regulations.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
Alan W. Klimek, P.E.
AWK/cbk/ijnt
Attachments: NCDWQ Summary of Permanent Impacts and Mitigation Requirements
Certificate of Completion
cc: U.S. Army Corps of Engineers, Washington Regulatory Field Office
Wilmington District, USACOE
Kyle Barnes, DWQ, Washington Regional Office
DLR Washington Regional Office
File Copy
Central Files
NCEEP, 1652 Mail Service Center, Raleigh, NC 27699-1652
Harold Brady, Mulkey Engineers & Consultants, 201 P.O. Box 33127, Raleigh, NC 27636
Filename: 060946DareCountyJusticeCenterPhasell(Dare)101_IC
401 Oversight/Express Review Permits Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] / Internet: htto://h2o.enr.state.nc.us/ncwetlands
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Narolina
Ntumlly
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Dare County Planning Department
Page 2 of 4
August 28, 2006
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-
500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ)
Regulations in 15 NCAC 2H, Section .0500 to Mr. Steve Shriver of the Dare County Planning Department,
to fill 0.95 acres of jurisdictional wetland, associated with the construction of the Dare County Justice
Center - Phase II, located on the northwestern corner of the intersection of U.S. Highway 64 Esat and U.S.
Highway Business in Manteo, Dare County, North Carolina, pursuant to an application filed on the 8"' day
of May of 2006 (received by DWQ on June 9, 2006), and in additional correspondence received July 10,
2006, and August 18, 2006.
The application and supporting documentation provides adequate assurance that the proposed work will
not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the
State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301,
302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application, the
supporting documentation, and conditions hereinafter set forth.
This approval is only valid for the purpose and design submitted in the application materials and as
described in the Public Notice. If the project is changed, prior to notification a new application for a new
Certification is required. If the property is sold, the new owner must be given a copy of the Certification
and approval letter and is thereby responsible for complying with all conditions of this Certification. Any
new owner must notify the Division and request the Certification be issued in their name. Should wetland
or stream fill be requested in the future, additional compensatory mitigation may be required as described
in 15A NCAC 2H.0506 (h) (6) and (7). If any plan revisions from the approved site plan result in a
change in stream or wetland impact or an increase in impervious surfaces, the DWQ shall be notified in
writing and a new application for 401 Certification may be required. For this approval to be valid,
compliance with the conditions listed below is required.
Conditions of Certification:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Amount Approved Units Plan Location or Reference
404/CAMA Wetlands 0.95 (acres) I PN and Construction Plans
Sediment and Erosion Control:
2. Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
Dare County Planning Department
Page 3 of 4
August 28, 2006
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
c. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
3. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the 404/401 Permit Application. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion control Best
Management Practices, shall be performed so that no violations of state water quality standards,
statutes, or rules occur;
4. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade restored within six months of the date that
the Division of Land Resources has released the project;
5. Protective Fencing - The outside buffer, wetland or water boundary and along the construction
corridor within these boundaries approved under this authorization shall be clearly marked with
orange warning fencing (or similar high visibility material) for the areas that have been approved to
infringe within the buffer, wetland or water prior to any land disturbing activities to ensure
compliance with 15A NCAC 2B .0233 and GC 3404;
Continuing Compliance:
6. Mr. Steve Shriver and the Dare County Planning Department, shall conduct construction
activities in a manner consistent with State water quality standards (including any requirements
resulting from compliance with section 303(d) of the Clean Water Act) and any other appropriate
requirements of State law and federal law. If the Division determines that such standards or laws
are not being met (including the failure to sustain a designated or achieved use) or that State or
federal law is being violated, or that further conditions are necessary to assure compliance, the
Division may reevaluate and modify this Certification to include conditions appropriate to assure
compliance with such standards and requirements in accordance with 15A NCAC 2H.0507(d).
Before modifying the Certification, the Division shall notify Mr. Steve Shriver and/or the Dare
County Planning Department, NC and the US Army Corps of Engineers, provide public notice in
accordance with 15A NCAC 2H.0503 and provide opportunity for public hearing in accordance
with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to Mr. Steve Shriver
and/or the Dare County Planning Department, NC in writing, shall be provided to the United
States Army Corps of Engineers for reference in any Permit issued pursuant to Section 404 of the
Clean Water Act, and shall also become conditions of the 404 Permit for the project;
Deed Notification:
7. A deed notification or similar mechanism shall be attached to the deed and final plat clearly
denoting all remaining jurisdictional wetlands and waters. This mechanism shall be put in place
within 30 days of the date of issuance of the 401 Certification letter or the issuance of the 404
Permit (whichever is later). A sample deed notification format can be downloaded from the
401/Wetlands Unit web site at Iittp://h2o.enr.state.nc.us/ncwetlands. DWQ shall be sent copies of
all deed restrictions applied to these lots;
Dare County Planning Department
Page 4 of 4
August 28, 2006
Written Stormwater Management Plan (No Further Plan Needed):
9. The final, written stormwater management plans (including a signed and notarized Operation and
Maintenance Agreement), must be implemented and the stormwater management facilities shall
be constructed and operational before any permanent building is occupied at the subject site. The
structural stormwater practices as approved by this Office as well as drainage patterns must be
maintained in perpetuity. No changes to the structural stormwater practices shall be made without
written authorization from the Division of Water Quality.
10. Construction Stormwater Permit NCGO10000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land
Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an
NPDES General stormwater permit (NCG010000) administered by DWQ is automatically issued
to the project. This General Permit allows stormwater to be discharged during land disturbing
construction activities as stipulated by conditions in the permit. If your project is covered by this
permit [applicable to construction projects that disturb one (1) or more acres], full compliance
with permit conditions including the sedimentation control plan, self-monitoring, record keeping
and reporting requirements are required. A copy of this permit and monitoring report forms may
be found at Itttp://h2o.enr.state.tic.us/su/Fornis Documents .hint.;
11. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as
depicted in your application shall expire upon expiration of the 404 or CAMA Permit.
If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon written
request within sixty (60) days following receipt of this Certification. This request must be in the form of a
written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the
Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. If
modifications are made to an original Certification, you have the right to an adjudicatory hearing on the
modifications upon written request within sixty (60) days following receipt of the Certification. Unless
such demands are made, this Certification shall be final and binding.
This the 28" day of August 2006
DIVISION OF WATER QUALITY
Alan W. Klimek, P.E.
3568
AWK/cbk/ijm
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1 ENGINEERS ?1 CONSULTANTO
Stormwater Evaluation for
Administration Building
County of Dare
Located in
Manteo, North Carolina
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Prepared by
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Raleigh, North Carolina 27636-3127 . 9
Telephone Number [phone] ?VN?4u?
Fax Number [phone]
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MULKEY INC. 6750 TRYON ROAD CARY. NO 2751 1 PC BOX 331 27 RALEIGH. NO 27636 PH: 919-051-1912 FAX: 919-©51.191 3 www.MULKEYINC.COM
0
0 Dare County Administration Building
Introduction
This report presents the findings of a pre-development and post-development stormwater evaluation
for a proposed Administration Building to be located on site with the existing justice Center in
Manteo, North Carolina. The evaluation consists of a study of pre-development stormwater flows at
the point of interest with the stormwater flows that will occur at the same point of interest after
development of the building and parking lot. This study is intended to assure that the post
development stormwater flow leaving the site will be equal to the existing stormwater flows and that
the necessary stormwater devises to control, treat, and release storm events will be designed and
implemented.
This evaluation follows the guidelines set forth by the Town of Manero, Dare Coutny and in
conjunction with the State of North Carolina Division of Land and Water Quality (NCDENR).
Methodologies
The methodologies to be used for determining the anticipated peak flows of runoff follow the State
Stormwater Design Criteria, for computing peak flows. The flows will be used to analyze the existing
stormwater conveyance structures and their capacity to handle additional flows. We have used
NRCS type I storms to model the storms, which is common practice in Coastal, North Carolina area.
Post development areas have changed in drainage pattern but have been accounted for in the
proposed storm system.
The time of concentration is the time it will take for the first amount of runoff in the most remote
point in the watershed to reach the point of interest by overland flow, shallow concentrated flow and
channelized flow. Once a time equal to the time of concentration has passed, the entire watershed is
contributing to the runoff at the point of interest and therefore the watershed has reached its
theoretical peak flow.
n
Data Gathering
A topographic survey was completed for the proposed site. Currently, the site consists of a lightly
wooded areas, wetlands, marsh, gravel compacted, and the existing justice Center along with parking.
The proposed recombined site consist of approximately 21 total acres with only approximately 2.6
acres of that being the actual new development, approximately 0.7 acres being parking lot
redevelopment, and approximately 1.7 acres of wetland enhancement area.
Calculation Results
Post-development flows have been evaluated based on minor grading revisions, the construction of
Administration Building, parking, and other necessary impervious areas for the site. These areas
include the addition of retaining walls, sidewalks, soild waste disposal area, mechanical yard and
load/unload areas.
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Stormwater Treatment and Quantitative Control
Construction of the proposed building will require treatment of the first inch and a half of rainfall.
Treatment of the first inch and a half of stormwater can be achieved through the planting soil and
sand filter layers of the bioretention pond along with the grass swales in the medians and finally in
the constructed wet pond. Treating the first inch and a half of stormwater runoff would result in the
treatment of approximately 79,480 gallons. This would be equivalent to approximately 10,625 cubic
feet of needed storage in the series of treatment areas.
The wet pond has been upsized to account for the future impervious area and to allow for more
treatment in proposed conditions. The outlet structures has been sized to account for the one, two,
and ten storm events by releasing those flows under or at pre-development conditions. \Vith respect
to a larger storm, the 25 year storm, would fill the detention area and then be sheet flowed over a
well maintained grass berm into the wetland enhancement areas that are proposed.
Quantitative control through the use of the yard inlets in the grass swales to the bioretention pond
and then on to the wet pond will handle and control one, two, and ten year storms. Please refer to
the Storm Plan (C-7) and calculations for more details on the storm system.
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CN GINEERS C. CONSULTANTS
Brief description of project:
The project consists of the design of stormwater treatment and control devices for the expansion of
the Dare County Administration Offices located in Manteo. In addition, wetlands located
throughout the site that have developed in existing borrow pits will be modified to a more natural
setting to allow the free movement of wildlife. The project will also create an educational area so
that children can learn about the purpose and importance of wetlands.
List project objectives & intended outcomes (include the water quality issues being
addressed and the water bodies being impacted):
• Treat stormwater runoff from the proposed impervious areas (building and parking lots) to
remove pollutants prior to release into the surrounding water bodies. Oil and grease, total
suspended solids (TSS), heavy metals and nutrients are some of the targeted pollutants which will
be treated on-site.
• Control stormwater to pre-development conditions based on a 10-year storm event.
• Create a more natural feel to the "unnatural" wetlands located throughout the site. Isolated
wetlands have developed in rectangular areas that previously were utilized as borrow pits. The
proposed project would connect these areas to allow free movement of wildlife between the
wetlands. The rectangular outlines would be modified to create a more natural feeling to the
wetlands.
• Create an educational area which illustrates and explains the purpose and importance of wetlands
in the environment.
Expected product(s) of the project and how the projects success will be measured:
The project will allow the construction of the proposed buildings and parking areas to serve the
citizens of Dare County while minimizing impacts to the surrounding environment and improving
the performance of the wetlands located throughout the site. Stormwater from the site can be
monitored to ensure treatment levels for the specified pollutants are achieved. Active wildlife
throughout the site will also verify a successful project. Active use of the site by the surrounding
schools to educate children on the importance of wetlands will be apparent. In addition, this project
would provide an example of the ability for the growth of a community to occur while still being
respectful to the environment and will provide a blueprint for success for future generations.
MULKEY INC. 6750 TRYON ROAD CARY, NC 27511 PO BOX 331 27 RALEIGH, NC 27636 PH: 91 9-851-1 91 2 FAX: [phone] www.IMULKEYINC.CCM

United States
Department of
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Soil
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In cooperation with
North Carolina
Department of Natural
Resources and
Community Development,
North Carolina
Agricultural Research
Service, North Carolina
Agricultural Extension
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Board of Commissioners
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20
The capability subclass is Vlw. Based on loblolly pine
as the indicator species, the ordination symbol is 9W.
JoA-Johns loamy sand, 0 to 2 percent slopes.
This nearly level, moderately well drained and
somewhat poorly drained soil is on low, smooth ridges
on Roanoke Island and in Manns Harbor. The smaller
mapped areas are commonly oval, and the larger areas
are irregular in shape. The size of the areas ranges
from 3 to about 100 acres.
Typically, the surface is covered with 3 inches of
partially decomposed needles, leaves, and twigs. The
surface layer is very dark gray loamy sand about 4
inches thick. The subsurface layer is gray loamy sand
about 4 inches thick. The upper part of the subsoil is
very dark brown loamy sand about 5 inches thick. The
rest is about 13 inches thick. It is yellowish brown
sandy loam in the upper part and yellowish brown
sandy clay loam in the lower part. The underlying
material to a depth of 72 inches is sand. It is light
yellowish brown in the upper part, very pale brown in
the next part, and light brownish gray in the lower part.
Permeability is moderate to rapid. The soil is very
strongly acid or strongly acid. The seasonal high water
table is 1.5 to 3.0 feet below the surface.
Included with this soil in mapping are small areas of
Baymeade and Icaria soils. Baymeade soils are on the
slightly higher knolls. Icaria soils are in slight
depressions. The included soils make up about 10
percent of the map unit.
The Johns soil is used mainly as woodland. The
dominant vegetation is loblolly pine, sweetgum,
persimmon, live oak, and water oak. Wetness is the
main limitation affecting woodland.
The Johns soil in Dare County generally is not used
for agriculture because of the lack of active farming on
Roanoke Island and in Manns Harbor. Wetness is the
main limitation affecting farming.
The main limitation affecting urban and recreational
uses is wetness. Also, the soil is too sandy for some
urban uses. The wetness can be reduced by installing
perforated drain tile, drainage ditches, or a combination
of the two systems.
The capability subclass is llw. Based on loblolly pine
as the indicator species, the woodland ordination
symbol is 9W.
LeA-Leon fine sand, 0 to 2 percent slopes, rarely
flooded. This nearly level, poorly drained soil is on
Roanoke Island and in Manns Harbor. It is on flats and
in slight depressions. Mapped areas are irregular in
shape and range from 5 to 50 acres in size.
Typically, the surface layer is dark gray fine sand
about 7 inches thick. The subsurface layer is light gray
Soil Survey
sand about 8 inches thick. The subsoil is sand about 8
inches thick. It is dark brown in the upper part and dark
reddish brown in the lower part. The underlying material
to a depth of 72 inches is gray sand.
Permeability is moderate to rapid. This soil ranges
from extremely acid to strongly acid throughout. The
seasonal high water table is at or near the surface. The
soil is subject to rare flooding.
Included with this soil in mapping are small areas of
Icaria soils and areas of soils that have a dark surface
layer more than 10 inches thick. The included soils are
in landscape positions similar to those of the Leon soil.
They make up about 10 percent of the map unit.
The Leon soil in Dare County generally is not used
for agricultural purposes. Wetness, flooding, and a
scarcity of adequate drainage outlets are the primary
limitations affecting agricultural uses.
This soil is used as woodland. Loblolly pine, live oak,
and water oak are the dominant species. The most
common understory plants are waxmyrtle, fetterbush
lyonia, gallberry, and American holly. Wetness in winter
is a limitation; however, this soil is droughty during the
growing season.
The main limitations affecting urban and recreational
uses are wetness, flooding, seepage, and the sandy
texture.
The capability subclass is IVw. Based on loblolly pine
as the indicator species, the woodland ordination
symbol is 7W.
NeC-Newhan fine sand, 0 to 10 percent slopes.
This excessively drained soil is on dunes on the Outer
Banks. It commonly is adjacent to the Beaches-Newhan
complex. It is within the salt-spray zone and supports
salt-tolerant vegetation. Mapped areas are elongated
and range from 2 to 1,300 acres in size.
Typically, the surface layer is light brownish gray fine
sand about 2 inches thick. The underlying material to a
depth of 80 inches is fine sand. It is light yellowish
brown in the upper part and very pale brown in the
lower part.
Permeability is very rapid. The soil ranges from
moderately acid to mildly alkaline. The seasonal high
water table is more than 6 feet below the surface.
Included with this soil in mapping are small areas of
Duckston and Corolla soils. These soils are in the
lower, wetter troughs or depressions. They are common
throughout the map unit. They make up 10 to 15
percent of the map unit.
Most areas of the Newhan soil are covered with salt-
tolerant grasses and shrubs. Some areas are used as
sites for beach cottages, for recreational development,
or as wildlife habitat.
This soil is not used for farming or commercial tree

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Copyright (C) 1998, Maptech, Inc.
Summary of Plantings - Dare County Justice Center
Bioretention and Wetland Enhancement Site
Region 2
Common Name Scientific Name Indicator Status Zonation*
Trees
Atlantic white cedar
willow oak
pond pine
bald cypress
sweet bay
black willow
swamp tupelo
redbay
Woody Shrubs
gallberry
inkb erry
sweet pepperbush
titi
fetter-bush
wax myrtle
sweet leaf
possum-haw
swamp rose
highbush blueberry
swamp dog-hobble
C15alnae9paris thyoides OBL 1
Quercus phellos FACW- 1
Piaaus serntina FACW+ 1
Taxodwili disticliw)i OBL 1,2
Magnolia vigh aiia FACW 1
Salix raigra OBL 1,2
Nyssa bona OBL 1,2
Persea palustris FACW 1
Ilexglabra FACW 1
Ilex coiiacea FACW 1
Cletlira alnifolia FACW 1
Cyrilla raceln flora FACW 1
Lyonia lucida FACW 1
llb•rica cerzfera FAC+ 1
Synzplocos tinctoiia FAC 1
Vibunusm mdum FACW+ 1
Rasa palutris OBL 1
Vaccinium cooviboswa FACW 1
Leucotboe racelnosa FACW 1
Herbaceous
laurel-leaved greenbrier Smilax lawifolia
arrow-arum
pickerelweed
arrowhead
netted chainfern
cinnamon fem
rose mallow
Peltaradra virgh ca
Pontederia coo data
Sagittaria .pp.
Foodwardia areolata
Osilmnda caiana111oi11ea
Hibiscus 111oscbeulus
FACW+
OBL
OBL
OBL
OBL
FACW+
OBL
1,2
1,2
2
2
1,2
1
2
Summary of Plantings - Dare County Justice Center
Bioretention and Wetland Enhancement Site
Region 2
Common Name Scientific Name Indicator Status Zonation*
Seed Mix
common cattail Tjpha latifolia OBL 1,2
rush Jnncns efiwis FACW-OBL 1,2
wool grass Sdz pins 9pefzmrs OBL 1,2
jewel-weed Innpatiens capensis FACW 1,2
spikerush Eleochaizs spp. FACW-013L 1,2
sedge Carex spp. FAC-013L 1,2
flatsedge Cjpews spp. FAC-OBL 1,2
salt meadow cordgrass Spartina patens FACW 1,2
*Zone 1 (water depth b etween 0-3 inches on surface)
Zone 2 (3 inches and greater of standing water)
1 st Option
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SEDCAD 4 for Windows
r.-'Anhf 1OQR P-1. I Rrhw.?h
1
Dare Coin
Administration Bulldog
Wet Detention Basin Design
Warren M. Sugg, EI
Mulkey Engineers & Consultants
6750 Tryon Road
Cary, NC 27511
Phone: [phone]
Filename: pond.sc4 Printed 04-20-2006
SEDCAD 4 for Windows
r--inhf loan 0-1. 1 Rrhunh
2
Genera/ Information
Storm Information;
Storm Type: NRCS Type I
Design Storm: 10 yr - 24 hr
Rainfall Depth: 7.000 Inches
Filename: pond.sc4 Printed 04-20-2006
SEDCAD 4 for Windows
(:-6i hf 1008 P-1. I Crhu..h
3
Structure Networking;

Type Stru (flows Stru
# Into) # Musk. K
(hrs) Musk. X
Description
Pond #1 ==> End 0.000 0.000
#1
Pond
Filename: pond.sc4
Printed 04-20-2006
SEDCAD 4 for Windows
4
Structure Summary;
Immediate Total Peak Total
Contributing Contributing Discharge Runoff
Area Area Volume
(ac) (ac) (d s) (ac-ft) _.-
In 10.28 1.10
#1 1.950 1.950
Out 1.32 1.10
Filename: pond.sc4
Printed 04-20-2006
SEDCAD 4 for Windows
r..-,;r h4 i QQA P-1. I Rrh.?nh
5
Structure Detail:
Structure #1 (Pond)
Pond Inputs:
Initial Pool Elev: 0.00
Initial Pool: 0.16 ac-ft
Perforated Riser
Riser
Riser Height Barrel
Barrel Slope Number of
I
Diameter
O Diameter Length (it)
O (0/0) s n Spillway Elev Holes per
Manning
(in) (in) _ Elev
18.00 6.00 15.00 50.00 0.50 0.0130 2.75 1
Pond Results:
Peak Elevation: 2.83
Dewater Time: 0.65 days
Dewatering time is calculated from peak stage to lowest spillway
Elevation-Capacity-Discharge Table

Elevation Area

(ac) Capacity

(ac-ft) Discharge

(ds) Dewater
Time
(hrs)
-3.00 0.022 0.000 0.000
-2.49 0.031 0.014 0.000
-2.00 0.042 0.031 0.000
-1.98 0.042 0.032 0.000
-1.47 0.052 0.056 0.000
-1.00 0.062 .0.083 0.000
-0.96 0.063 0.086 0.000
-0.45 0.075 0.121 0.000
0.00 0.086 0.157 0.000 Low hole SPW #1
0.05 0.087 0.161 0.147 1.20
0.55 0.099 0.208 0.487 4.55
1.00 0.110 0.255 0.657 2.20
1.05 0.111 0.260 0.673 0.20
1.55 0.121 0.318 0.817 1.95
2.00 0.130 0.375 0.928 1.50
2.05 0.131 0.381 0.940 0.15
2.50 0.140 0.442 1.038 1.60
2.55 0.141 0.449 1.048 0.25
Filename: pond.sc4 Printed 04-20-2006
SEDCAD 4 for Windows
(-,,inh} 1 OOR P-1. I Crh.enh
B
6
Area Capacity Discharge Dewater
Elevation . Time
(ac) (ac-ft) (ds) (hrs)'
2.75 0.145 0.478 1.089 1.15 Spillway #1
2.83 0.147 0.489 1.325 0.75 Peak Stage
3.00 0.150 0.514 1.826
Detailed Discharge Table

Elevation

Perf. Riser (cfs) Combined
Total

Discharge
(cfs)
-3.00 0.000 0.000
-2.49 0.000 0.000
-2.00 0.000 0.000
-1.98 0.000 0.000
-1.47 0.000 0.000
-1.00 0.000 0.000
-0.96 0.000 0.000
-0.45 0.000 0.000
0.00 5.00>0.000 0.000
0.05 0.147 0.147
0.55 0.487 0.487
1.00 0.657 0.657
1.05 0.673 0.673
1.55 0.817 0.817
2.00 0.928 0.928
2.05 0.940 0.940
2.50 1.038 1.038
2.55 1.048 1.048
2.75 1.089 1.089
3.00 1.826 1.826
Filename: pond.sc4
Printed 04-20-2006
SEDCAD 4 for Windows
r-,rinh} IQQA P-1. I !Z,h.u.h
7
Sub watershed Hydrology Detail:

Stru SVJS SWS Area Time of Musk
Cone K Musk X Curve UHS Peak
Discharge Runoff
Volume
# TM (ac) (hrs) (hrs) Number
ds
( )
ac-ft
( )
#1 1 1.950 0.083 0.000 0.000 98.000 TR55 10.28 1.099
1.950 10.28 1.099
Filename: pond.sc4 Printed 04-20-2006
Inflow/Outflow Hydrographs for Structure # 1
12
10
8
U
m
6
c?
U
Cn
0 4
2
0-
0
Peak Flow in to Structure:
10.28 cfs at 10.0 hrs
Peak Flow out of Structure:
1.32 cfs at 10.6 hrs
10 20 30
Time (hrs)
40
50
-- Inflow
Outflow
W =
d'Q WWz
00 cc U20
LL F
066 p=w
F-
LU LO 0
0
:2 F- CL w
C) < CL
zLL. wz= wU
wCc O~WQ LU F- cc
c? w0 ?0? -wig I-
? ? cn w ?-- ? ? W C)
O? C) O > O
d' o M ? w
Cl) u)
F- 00
W z _I
OC OF- W
O w I-
U2p Q w
C
o O 3:
C)
u LL
UD w0
wow ALL.
CL :D
O w
U
LL
LO -
rr
p ?O
LL F-
fC OC
>? >oo
0 N o
LL, Lc, U,

Sediment
Forebay
Marsh plants Embankment with marsh plants Level of 1'
4 f and spillway to main pool
1 runoff volume
I'U b' Ri prap Normal rI
i ?•;:? ?, pool level
Concrete '
anti-foltation
achor
Stormwaler R o'er
inlet

Overflow riser
;r•
,?',:t'Ir•'•1?VI? with trash hood ` `~ (
??4'
Emergency
spillway Outlel,--*,
Riser prevents
r overflowing
embankment
Compacted-earth
embankment
Riprap
protectioi
Anti-seep
collars
lA-
/r.
ap outlet
otection
Figure 1 Wet Detention Pond Schematic (Stormwater Guidance Manual, NC, Arnold et. al.)
9
s

permanent pool. An extended detention wetland must be also be designed with a forebay, as is a wet
detention pond.
The major difference between an extended detention wetland and a wet detention basin is that the
allocation of surface area to different pond depths. For the system to function as a wetland, 70% of the
area of the permanent pool needs to be designed as a marsh with a depth of 0 to 18", with an almost equal
distribution of area (35% and 3591o) between 0" to 9" and 9" to 18." The other major difference is that
there needs to be a small pool (15% of the surface area) where the outlet is located to prevent sediment
from interfering with the outlet structure functions. The balance of the area is flexible with respect to
depth.
A most important consideration when designing both extended detention wetland systems and pocket
wetland systems is the specification and installation of plants. Tables 4.1, 4.2, and 4.3 in chapter 4 will
give a good indication of those plants that can be used in areas that will not be continually inundated.
The ponding times, shown in days under Ponding, will give a good indication of what zones of the
wetland the species should be planted. Shown below in Table 2.2 are those plants that should do well
when planted within the normal, permanent pool of the wetland.
I...
s
Table 2.2 Wetland Plants
Scientific Name Commercial Inundation Wildlife Value Notes
Common Name Form Availability Tolerance
Peltandra virginia Emergent yes up to 1 ft. High, Berries are Full sun to partial shade
Arrow arum eaten b wood ducks
Saggitaria latiifolia Emergent yes up to 1 ft. Moderate. Tubers and Aggressive colonizer
Arrowhead/ Duck potato seeds eaten b ducks
Andropogon virginicus Perimeter yes up to 3 in. High. Songbirds and Tolerant of fluctuating water
Broomsedge browsers. Winter food levels & partial shade
and cover
Andropogon glomeratus Emergent yes up to I ft. Requires full sun
Bush Beard grass
Typha spp. Emergent yes up to 1 ft. Low. Except as cover Aggressive. May eliminate
Cattail other species. Volunteer.
High pollutant treatment.
Ceratophyllum DWQersum Submergent yes yes Low food value. Good Free floating SAV. Shade
Coontail habitat and shelter for tolerant. Rapid growth.
fish and invertebrates
Scirpus pungens Emergent yes up to 6 in. High. Seeds, cover. Fast colonizer. Can tolerate
Common Three-Square Waterfowl, songbirds periods of dryness. Full
sun. High metal removal.
Lonna spp. Submergcnt/ yes yes High, Food for High metal removal
Duckweed Emergent waterfowl, and fish
Saururus cernuus Emergent yes up to 1 ft. Low, except for wood Rapid growth. Shade
Lizard's Tail ducks tolerant.
Hibiscus moscheutos Emergent yes up to 3 in. Low. Nectar. Full sun. Can tolerate
Marsh Hibiscus periodic dryness
Pontcderia cordola Emergent yes up to 1 ft. Moderate. Ducks. Full sun to partial shade
Pickcrelweed Nectar for butterflies.
Potamogeton pecrinarus S yes yes Ettremely high. Removes heavy metals.
Pond lyecd Waterfowl, marsh and
shorebirds.
Leerria oryzoides yes up to 3 in. High. Food and cover. Full sun although tolerant of
Rice eutgra s shade. Provides some
Is
s

shoreline stabilization
Cares spp. Emergent yes up to 3 in. High. Waterfowl and Many wetland and several
Sedges songbirds. upland sties.
Scirpus validus Emergent yes up to 1 ft. Moderate. Good cover Full sun. Aggressive weedy
Soft-stem Bulrush and food. aliens such as P. rfoliatum
Polygonnum spp. Emergent yes up to 1 ft. High. Waterfowl, Fast colonizer. Tolerant of
Smartweed songbirds. Seeds and fluctuating water levels.
cover.
Juncus effesus Emergent yes up to I ft. Moderate. Tolerates wet or dry
Soft Rush conditions.
Nuphar luteum Emergent yes up to 3 ft. Moderate for food but Fast colonizer. Tolerant of
S atterdock high for cover, fluctuating water levels.
Panicum vcrgatum Perimeter yes up to 3 in. High. Seeds, cover for Tolerates wet and dry
Switchgra.ss waterfowl and conditions.
songbirds.
Acorus calamus Perimeter yes up to 3 in. Low. Tolerant of dry periods. Not
Sweet Flag a rapid colonizer. Tolerates
acidic conditions
Elodea canadensis Submergent yes yes Low. Good water oxygenator.
Waterweed High nutrient, copper,
manganese and chromium
removal.
Valisneria americana Submergent yes yes High. Food for Tolerant of murky water and
Wild Celery waterfowl. Habitat for high nutrient loads.
fish and invertebrates.
Zizania aquatics Emergent yes up to 1 ft. High. Food for birds. Prefers full sun.
Wild Rice
Table from: Design of Stormwater Wetlands Sys tems: guidelines for creating diverse and effective stormwater wetlands in the mid-Atlantic
Re ion Schueler
2.7 Design Requirements for Pocket Wetlands

In those situations where a combination of stormwater BMPs will be utilized to achieve the required 85%
TSS removal, pocket wetlands in combination with grassed swales or filter strips can provide the needed
removal. For design purposes these can be thought of as a special case of the extended detention
wetland, or possibly a small wet detention pond with special emphasis placed on the wetland plantings.
The sizing process should follow that of the wet detention basin, but with the following table (Table 2.3)
used in place of Table 1.1. For example, a development of 4.5 acres, with 3.825 acres of imperviousness
(85% imperviousness) would need a pocket wetland that.had 0.96% of 4.5 acres of permanent pool. One
notable difference between this table and Table 1.1 is that no depths are given. An average depth of two
feet is assumed.
19
MULKEY, INC.
59529
Invoice Number Date Voucher Amount Discounts Previous Pay Net Amount
Permitting fee 5/24/06 0040609 200.00 0.00 0.00 200.00
NC Division of Water Quality
Totals 200.00 0.00 0.00 200.00
2 36 797
JUN - 9 2006
OENR - IryATER QUAL17-y
VFUtiOS A140 STOW MTER BUNCH
WV 6E ~E5 ~8 900Z/9/6 u6[ S :q soe/e/5 UW E-3
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Po eox 33 t ARCHITECTURE, ENGINEERING, PLANNING 27
RALEIOH~ N.C. 27636 (91 9) 851.1 91 2
[phone] (FAX)
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Heery International Inc.
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434 Fayetteville Street Mall, Suite 1500, uite 1500,
Raleigh, NC 27601
919.838.6755
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E N G i N E E R s& C t7 N S U LTA N T S HEERY INTERNATIONAL INC NAL INC
P ARCHITECTURE, ENGINEERING, PLANNING O Box 33127 PLANNING
RALEIOH~ N.C. 27636
(91 9) 851-1 91 2 [phone] (FAX)
WWW.MULKEYINC.C~M
Heery International Inc.
434 Fayetteville Street Mall, Suite 1500,
Raleigh, NC 27601 ?uite 1500,
919.838.6755
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It may not be used for any other purpose except with the express written agreement of, and compensation to,Hsery Internationallnc.
3.dgn 5 8/2006 8: 53:39 AM