20060364 Ver 4_Application_20090714

STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
BEVERLY EAVES PERDUE
GOVERNOR
U.S. Army Corp of Engineers
Regulatory Field Office
69 Darlington Ave.
Wilmington, NC 28402-1890
Attention: Brad Shaver
NCDOT Coordinator
July 2, 2009
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EUGENE A. CONTI, JR.
SECRETARY
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SUBJECT: Request for Reissuance of Nationwide 23 Permit for the proposed
replacement of Bridge No. 21 over Northeast Cape Fear River on NC 210 in
Pender County, Division 3. Federal Aid No. BRSTP-0210(4), State Project
No. 8.1271001; TIP No. B-4223. Debit $240 from WBS No. 33567.1.1.
Reference: Section 404 Nationwide Permit 23, Action I.D. 200101172 issued January
16, 2007.
The above referenced permit, issued to the North Carolina Department of Transportation
for B-4223, has expired and a reissuance is necessary for construction to be completed.
Please find enclosed a new PCN in the most recent format. All other documentation and
drawings received with the original permit application, dated March 2, 2005, and any
subsequent Permit Modification requests, remain valid..
Regulatory Approvals
Section 404 Permit: All aspects of this project are being processed by the Federal
Highway Administration as a "Categorical Exclusion" in accordance with 23 CFR
771.115(b). The NCDOT requests that a Nationwide Permit 23 authorize these activities.
Section 401 Permit: We anticipate 401 General Certification number 3701 will apply to
this project. All general conditions of the Water Quality Certifications will be met. The
NCDOT is requesting written concurrence from the N.C. Division of Water Quality.
Therefore, in accordance with 15A NCAC 2H, Section .0500(a), we are providing five copies
of this application to the NCDWQ for their review and approval. Authorization to debit the
$240 Permit Application Fee from WBS Element 33567. 1.1 is hereby given.
MAILING ADDRESS:
NC DEPARTMENT OF TRANSPORTATION
PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS
1598 MAIL SERVICE CENTER
RALEIGH NC 27699-1598
TELEPHONE: [phone]
FAX: [phone]
WEBSITE: WWW.NCDOT.ORG
LOCATION:
4701 ATLANTIC AVENUE
SUITE 116
RALEIGH NC 27604
CAMA: CAMA Major Development Permit No. 123-06 was issued on June 30, 2006.
This permit does not have an expiration date and therefore remains valid.
A copy of this permit application will be posted on the NCDOT website at:
httn: //www. ncdot.ore/doh/l)reconstruct/pe/neu/nermit. html
Thank you for your assistance with this project. If you have any questions or need
additional information please contact Mrs. Veronica Barnes at [phone] or
[e-mail].
Sincerely
Gregory J. Thorpe, Ph.D.
Environmental Management Director, PDEA
Cc:
w/attachment
Mr. Brian Wrenn, NCDWQ (5 Copies)
Mr. Steve Sollod, NCDCM
W/o attachment (see website for attachments)
Dr. David Chang, P.E., Hydraulics
Mr. Jay Bennett, P.E., Roadway Design
Mr. Majed Alghandour, P. E., Programming and TIP
Mr. Art McMillan, P.E., Highway Design
Mr. Scott McLendon, USAGE, Wilmington
Mr. Travis Wilson, NCWRC
Mr. Gary Jordan, USFWS
Mr. Ron Sechler, NMFS
Ms. Anne Deaton, NCDMF
Mr. Brian Yamamoto, P.E., PDEA
Mr. Mark Staley, Roadside Environmental
Mr. Greg Perfetti, P.E., Structure Design
Mr. Victor Barbour, P.E., Project Services Unit
Mr. H. Allen Pope, P.E., Division 3 Engineer
Mr. Mason Herndon, Division 3 Environmental Officer
Ms. LeiLani Paugh, NEU
4. Applicant Information (if different from owner)
4a. Applicant is: ? Agent ? Other, specify:
4b. Name: not applicable
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name: not applicable
5b. Business name
(if applicable):
5c. Street address:
5d. City, state, zip:
5e. Telephone no.:
5f. Fax no.:
5g. Email address:
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID): not applicable
1 b. Site coordinates (in decimal degrees): Latitude: 34.443 Longitude: - 77.833
(DD.DDDDDD) (-DD.DDDDDD)
1c. Property size: 11 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to Northeast Cape Fear
proposed project:
2b. Water Quality Classification of nearest receiving water: B; Sw
2c. River basin: Cape Fear
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
Rural and minimally developed with forest cover.
3b. List the total estimated acreage of all existing wetlands on the property:
> 5 acres
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
200
3d. Explain the purpose of the proposed project:
To replace a functionally obsolete bridge.
3e. Describe the overall project in detail, including the type of equipment to be used:
The project involves replacing a 590-foot bridge with a 920-foot, 10-span bridge on new alignment south of the existing
bridge. Traffic will be maintained on the existing bridge during construction. Standard road building equipment, such as
trucks, dozers, and cranes will be used.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
® Yes ? No ? Unknown
project (including all prior phases) in the past?
Comments: Action ID 200101172
4b. If the Corps made the jurisdictional determination, what type
? Preliminary ®Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Environmental Services,

Name (if known): Jeff harbour Inc.

Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
January 2, 2002
5. Project History
5a. Have permits or certifications been requested or obtained for ® Yes ? No ? Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
This is a request for a reissuance of an expired permit. The original permit was issued on January 16, 2007 under Action
I.D 200101172. The original permit approved of wetland impacts of 0.52 acre and an onsite mitigation plan that would
restore 0.95 acre of wetlands. This project is currently under construction.
6. Future Project Plans
6a. Is this a phased project? ? Yes ® No
6b. If yes, explain.

I?
C. Pioposed Impacts Inventory
1. Impacts Summary
1a. Which sections were completed below for your project (check all that apply):
® Wetlands ® Streams - tributaries ? Buffers
? Open Waters ? Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a. 2b. 2c. 2d. 2e. 2f.
Wetland impact Type of jurisdiction
number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact
Permanent (P) or (if known) DWQ - non-404, other) (acres)
Temporary T
Site 1 ® P ? T Fill Riparian ® Yes ® Corps 0.52
? No ? DWQ
Site 2 ? P ? T ? Yes ? Corps
? No ? DWQ
Site 3 ? P ? T ? Yes ? Corps
? No ? DWQ
Site 4 ? P ? T ? Yes ? Corps
? No ? DWQ
Site 5 ? P ? T ? Yes ? Corps
? No ? DWQ
Site 6 ? P ? T ? Yes ? Corps
? No ? DWQ
2g. Total wetland impacts 0.52 Permanent
.2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a. 3b. 3c. 3d. 3e. 3f. 3g.
Stream impact Type of impact Stream name Perennial Type of Average Impact length
number - (PER) or jurisdiction stream (linear feet)
Permanent (P) or intermittent (Corps - 404, 10 width
Temporary (T) (INT)? DWQ - non-404, (feet)
other)
Site 1 ® P ? T Permanent fill NE Cape Fear ® PER
? INT ® Corps
? DWQ 500 0.014 ac
Site 2 ? P ® T Temporary fill NE Cape Fear ® PER
? INT ® Corps
? DWQ 500 0.008 ac
Site 3 ? P ? T ? PER ? Corps
? INT ? DWQ
Site 4 ? P ? T ? PER ? Corps
? INT ? DWQ
Site 5 ? P ? T ? PER ? Corps
? INT ? DWQ
Site 6 ? P ? T ? PER ? Corps
? INT ? DWQ
3h. Total stream and tributary impacts 0.014 Perm
0.008 Temp
3i. Comments:
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individual) list all open water impacts below.
4a. 4b. 4c. 4d. 4e.
Open water Name of
impact number- waterbody Type of impact Waterbody type Area of impact (acres)
Permanent (P) or (if applicable)
Temporary T
01 ?P?T
02 ?P?T
03 ?P?T
04 ?P?T
4f. Total open water impacts X Permanent
X Temporary
4g. Comments:
5. Pond or Lake Construction
If and or lake construction proposed, then complete the chart below.
5a. 51b. 5c. 5d. 5e.
Wetland Impacts (acres) Stream Impacts (feet) Upland
Pond ID

number Proposed use or
(acres)
purpose of pond Excavat
Flooded Filled ed Flooded Filled Excavated Flooded
P1
P2
5f. Total
5g. Comments:
5h. Is a dam high hazard permit required? ? Yes
? No If yes, permit ID no:
51. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
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6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer
impacts below. If an impacts require miti gation, then you MUST fill out Section D of this form.
6a.
? Neuse
?Tar-Pamlico ? Other:
Project is in which protected basin? ? Catawba ? Randleman
6b. 6c. 6d. 6e. 6f. 6g.
Buffer impact
number - Reason for impact Buffer Zone 1 impact Zone 2 impact
Permanent (P) or Stream name mitigation (square feet) (square feet)
Temporary T re uired?
B1 ?P?T ?Yes
? No
B2 ?P?T ?Yes
? No
B3 ? P ? T ? Yes
? No
6h. Total buffer impacts
6i. Comments:
D. Impact Justification and Mitigation
1. Avoidance and Minimization
la . Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
The proposed bridge is 330 feet longer than the existing bridge; the number of in-water bents is reduced from 10 to 5; 3:1
fill slopes will be used in jurisdictional areas;.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Best management Practices for the protection of Surface Waters and BMP's for Bridge Demolition and Removal; hand
clearing will be used for the relocation of overhead powerlines; and inwater work moratorium will be in effect from Feb. 1
to June 30 to protect anadromous fish; adherence to Precautions for Construction in Areas that may be used by West
Indian Manatee in North Carolina.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
.impacts to Waters of the U.S. or Waters of the State? ® Yes ? No
If no, explain:
2b. If yes, mitigation is required by (check all that apply): ® DWQ ® Corps

2c.
If yes, which mitigation option will be used for this
project? ? Mitigation bank

? Payment to in-lieu fee program
® Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank: not applicable
3b. Credits Purchased (attach receipt and letter) Type Quantity
3c. Comments:
4. Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached. ? Yes
4b. Stream mitigation requested: linear feet
4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold
4d. Buffer mitigation requested (DWQ only): square feet
4e. Riparian wetland mitigation requested: acres
4f. Non-riparian wetland mitigation requested: acres
4g. Coastal (tidal) wetland mitigation requested: acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Onsite mitigation will be used, the replacement of the bridge will be longer then the current bridge. The longer bridge will
allow the removal of 0.95 acres of fill in wetlands.
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by.DWQ
6a . Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation? ? Yes ® No
6b . If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.

Zone 6c.
Reason for impact 6d.
Total impact
(square feet)
Multiplier 6e.
Required mitigation
(square feet)
Zo ne 1 3 (2 for Catawba)
Zo ne 2 1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund).
6h. Comments:
9
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1a . Does the project include or is it adjacent to protected riparian buffers identified ? Yes ® No
within one of the NC Riparian Buffer Protection Rules?
1 b . If yes, then is a diffuse flow plan included? If no, explain why.
Comments:
? Yes ? No
2. Stormwater Management Plan
2a . What is the overall percent imperviousness of this project? N/A
21b . Does this project require a Stormwater Management Plan? ® Yes ? No
2c . If this project DOES NOT require a Stormwater Management Plan, explain why:
2d . If this project DOES require a Stonnwater Management Plan, then provide a brief, narrative description of the plan:
See permit drawings.
? Certified Local Government
2e . Who will be responsible for the review of the Stormwater Management Plan? ? DWQ Stormwater Program
? DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project? not applicable
? Phase II
3b. Which of the following locally-implemented stormwater management programs ? NSW
apply (check all that apply): ? USMP
? Water Supply Watershed
? Other:
3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ? No
attached?
4. DWQ Stormwater Program Review
® Coastal counties
4a. Which of the following state-implemented stormwater management programs apply ? HOW
(check all that apply):. ? ORW
? Session Law 2006-246
? Other:
41b. Has the approved Stormwater Management Plan with proof of approval been
attached? ® Yes ? No
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements? ® Yes ? No
51b. Have all of the 401 Unit submittal requirements been met? ® Yes ? No
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F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
la. Does the project involve an expenditure of public (federal/state/local) funds or the ® Yes ? No
use of public (federal/state) land?
1b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State ® Yes ? No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c. If you answered 'yes' to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.) ® Yes ? No
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ® No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after-the-fact permit application? ? Yes ® No
2c. If you answered 'yes' to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in ? Yes
additional development, which could impact nearby downstream water quality? ® No
31b. If you answered 'yes' to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
not applicable
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a . Will this project occur in or near an area with federally protected species or
h
bit
? ®
El Yes No
a
at
51b. Have you checked with the USFWS concerning Endangered Species Act
i ?
® Yes No
mpacts?
5c. If yes, indicate the USFWS Field
Office you have contacted.
® Raleigh
, ? Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
USFWS list of Threatened and Endangered Species in Pender County (updated January 31, 2008).
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ® Yes ? No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
NMFS County Index
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation ? Yes No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
71b. What data sources did you use to determine whether your site would impact historic or archeological resources?
NEPA Documentation
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? ® Yes ? No
81b. If yes, explain how project meets FEMA requirements: NCDOT Hydraulics coordination with FEMA
8c. What source(s) did you use to make the floodplain determination? FEMA Maps

Dr. Gregory J. Thorne, Ph D
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(Agent's signature is valid only if an authorization letter from the applicant
is provided.)
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