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HomeMy WebLinkAbout19900074 All Versions_Complete File_19901010Permit Class Permit Number 156-90 STATE OFN CAROLINA Department of Envi nm ealt} & Natural Resources J a t and Co4i4es6?rces orrig ' n {?. .o C \J Major Develol'PO ?1!rrQrirrtental Concern pursuant to NCGS,11 QUAM X Excavation and/or filling pliant to NCGS 113-229 Issued authorizing development in Carteret County at Broad Ct as requested in the -1?+e e6h ^+& '4A-+4-F4na k% MT me nD-r.-r2 ?.??. 's h This permit, issued on October 26, 1990 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation Qf these terms may be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void. 1) In order to protect juvenile shrimp and finfish -populations, no excavation or filling will be permitted between April 1 and September 30 of any year without the prior approval of the Division of Coastal Management through coordination with the Division of Marine Fisheries. 2) Remedial excavation of the old causeways must average at least -3.5' relative to the MLW level. All areas adjusted by remedial excavation will assume bottom elevation below the MLW level. 3) The riprap material used at each of the buttress locations must be free from loose dirt and other pollutants other than in trace quantities. 4) All earthen fill material placed below the MHW level must be clean and free of all pollutants, except in trace quantities. (See attached sheet for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance, as the case may be. This permit must be accessible on-site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Departmental approval. All work must cease when the permit expires on In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEHNR and the Chairman of the Coastal Resources Commission. Roger N. Schecter, Director ivision of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee NC Dept. of Transportation Permit #156-90 Page 2 of 2 ADDITIONAL CONDITIONS 5) All earthen fill material will be obtained from a highground -source and confined behind adequate retaining structures. 6) No marsh grass will be excavated or filled outside the permitted alignment as shown on the workplat drawings. 7) The temporary placement or double-handling of excavated or filled material within the waters and wetlands of the State is not authorized. 8) Any additions or changes to the permitted project will require a reevaluation by the Division of Coastal Management and a modification of this permit. 9) The activity will be conducted in such a manner as to prevent significant increase in turbidity outside the area of construction or construction-related discharge (increases such that the turbidity in the stream is 25 NTUs or less are not considered significant). NOTE: The Division of Environmental Management issued Section 401 Water Quality Certification No. 2524 for this project on October 10, 1990. NOTE: The Division of Coastal Management supports the recommendation by the Division of Marine Fisheries that demolition rubble from the abandoned bridge be made available for use in the artificial reef program. Program contact is Steve Murphy at 919/726-7021. NOTE: The permittee is encouraged to meet with representatives of the Division of Coastal Management for a pre-construction review of project plans before the project is initiated. e,. srnr£ o f t Y State of North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management 512 North Salisbury Street O Raleigh, North Carolina 27611 James G. Martin, Governor Wiliam W. Cobey, Jr., secretary October 10, 1990 Dr. L. R. Goode, PhD, P. E. Manager, Program and Policy Branch Division of Highways N. C. Department of Transportation P.O. Box 25201 Raleigh, North Carolina 27611 Dear Dr. Goode: George T. Everett, Ph.D. Director Subject: Certification Pursuant to Section 401 of the Federal Clean Water Act, Proposed Bridge Replacement - N. C. Hwy. 24 N. C. Department of Transportation Broad Creek Carteret County Attached hereto are two (2) copies of Certification No. 2524 issued to N. C. Department of Transportation dated October 10, 1990. If we can be of further assistance, do not hesitate to contact us. Stcer'ely, i i , George,T. Everett Director Attachments cc: Wilmington District Corps of Engineers Wilmington Regional Office r. William Mills Mr. John Parker Poiludon Prevendon Pays P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015 NORTH CAROLINA CARTERET COUNTY 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 Environmental Management Regulations in 15 NCAC 2H, Section .0500 to N. C. Department of Transportation pursuant to an application filed on the 31st day of August, 1990 to place fill in waters and wetlands of Broad Creek in conjunction with the construction of the N. C. Highway 24 Bridge replacement. The Application provides adequate assurance that the discharge of fill material into the waters and wetlands of Broad Creek in conjunction with the proposed bridge replacement in Carteret County 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 Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application and conditions hereinafter set forth. Condition(s) of Certification: 1. That the activity be conducted in such a manner as to prevent significant increase in turbidity outside the area of construction or construction related discharge (increases such that the turbidity in the Stream is 25 NTU's or less are not considered significant). Violations of any condition herein set forth shall result in revocation of this Certification. This Certification shall become null and void unless the above condition is made a condition of the Federal Permit. This the 10th day of October, 1990. l? George T. E.ve ett, Director DIVIS OF ENVIRONMENTAL MANAGEMENT WQC# 2524 NOTICE OF FILING OF APPLICATION FOR OCA QUALITY CERTIFICATION PERMIT AND WATER The Department of Environment, Health and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) and 143-215 3(a)(1)(c) that the N.C. Department of Transportation of Raleigh, NC, filed a revised application on August 23, 1990, for a permit from the Division of Coastal Management to develop in an Area of Environmental Concern and for certification from the Division of Environmental Management that a discharge of wfill ater material in project wetlands will not violate applicable quality standards. According to said application, the applicant proposes to replace the existing Bridge #11 over Broad Creek with a new structure. A temporary detour and bridgerillCbeeinstallarteret the downstream side of NC Hwy. County . A copy of the entire application and additional information may be examined (or copies furnished upon request and paym reproduction costs) during normal business hours at the office of Jim Mercer, Division of Coastal Management, located in the Division of Marine Fisheries Building, Morehead City, N .C., 919/726-7021, and/or the office DEHNR Regional Howard, of Environmental Management Wilmington, N.C., 919/256-4161. The Division of Environmental Management proposes to take final action on this water quality certification on or before October 11, 1990. The issuance of the CAMA Major Development permit and the Section 401 Certification may deviate from this natu projected dndesubsequent hupon the earings ofresultthe submitted a All persons desiring to make comments should do so in writing to Roger N. Schecter, Director, Division of Coastal Management, P.O. Box 27687, Raleigh, N.C., 27611, prior October 6, 1990 for consideration in the CAMA permit decision, and to Mr. Bill Mills, Division of Environmental Management, P.O. Box 27687, Raleigh, N.C., 27611, prior to October 1, 1990 for consideration in the water quality certification decision. Later comments on the CAMA application will be accepted and considered up to the time of permit decision. Project modifications may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon request. PUBLISHED ON: Sunday, September 16, 1990 To: Bill Mills Planning Branch 0 DIVISION OF ENVIRONMENTAL IIANAGEMENT .'_; ? `•? Q t.??,ch CAMA MAJOR PERMIT APPLICATION REVIEW C \N0 PROJECT NAME: NC DOT Broad Creek Bridge Replacement 2 COUNTY: Carteret Project #: 9009-A STREAM OR ADJACENT WATER BODY: Broad Creek CLASS: SA OPEN OR CLOSED: Closed STORMWATER PLAN REQ'D: Yes IF YES, DATE APPROVED: PROJECT DESCRIPTION: NC DOT proposes to replace the existing bridge over Broad Creek. As proposed, the intertidal opening at the MHW shoreline will be 1971, which is 103' longer than the intertidal opening with existing structure. Six brid ge spans will be used, each 37.51. 2178 sq. ft. of saltmarsh and 7375 sq ft. of intertidal bottom will be lost with the excavation of the existing causeway. 6534 sq. ft. of saltmarsh and 13 ,068 sq. ft. of intertidal bottom will be filled with the new app roaches. A REVIEWER: Gregso? _JOINT NOTICE: Yes DATE APP. RECD: 90/08/31 _RECOMMENDATION: Other INITIAL REPORT: 90/09/24 _(ISSUE/DENY/OTHER) FINAL REPORT: WATER QUALITY CERT. (401) CERT. REQ'D• Yes IF YES, TYPE: Individual SEWAGE DISPOSAL TYPE OF DISPOSAL PROPOSED: N/A (EXISTING, PROPOSED, SEPTIC TANK ETC.) TO BE PERMITTED BY: N/A (DEM, DHS, COUNTY) IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE: N/A WATER/WETLAND FILL AREA OF FILL: WATER: 13,068 sq. ft. WETLAND: 6534 sa. ft. IS FILL ELIMINATING A SIGNIFICANT USE? Yes DREDGING IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS OF RESOURCE? No IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? Yes MARINA ARE THE FOLLOWING ADEQUATELY ADDRESSED? SEWAGE DISPOSAL: N/A MARINA SERVICES: N/A OXYGEN IN BASIN: N/A CLOSURE OF SHELLFISHING WATERS: N/A (ATTACH A MARINA USE ATTAINABILITY EVAL.) 9009-A.SEP Page Two RECOMMENDED CONDITIONS OR PERMIT RESTRICTIONS: It is recommended the intertidal opening be increased by two more spans on the west side of the bridge. This would eliminate a significant amount of fill, create more intertidal habitat and enhance flushing to a greater extent than proposed. Fill required for the widening of the causeway has been substantially reduced on the east side of the bridge by increasing the span on the east side. Approximately half of the fill required for causeway widening on the west side could be eliminated by adding two more spans on the west side. Mitigation was not offered for the wetland fill. This Office feels the impacts from the widening of the causeway should be minimized to a greater extent than proposed. Widening the span would not only reduce wetland impacts but should improve water quality in Broad Creek. cc: CF, WiRO DCM - Jim Gregson DIVISION OF COASTAL MANAGEMENT * Lat:34043122"N FIELD INVESTIGATION REPORT Long:76055152"W **REVISED** 1, APPLICANT'S NAME(B-109D) Brideet#11/LrRnsGoodet1Ph.D. Broad Creek P.E. 2. LOCATION OF PROJECT SITE NC Hwy. 24, bridge over Broad Creek, Carteret County; *SEE 1984 AERIAL PHOTO STRIP #31 FRAME 41181 ® x-1 d 3. INVESTIGATION TYPE: DREDGE & FILL X CAMA X 4. INVESTIGATIVE PROCEDURE: (A) DATES OF SITE VISIT 7-24-90 (B) WAS APPLICANT PRESENT NO REVISED. 8-23-90B 5. PROCESSING PROCEDURE: APPLICATION RECEIVED July 18, 1990 OFFICE Morehead City 6. SITE DESCRIPTION: (A) LOCAL LAND USE PLAN Carteret County 1985 Update LAND CLASSIFICATION FROM LUP Community/Conservation DEVELOPMENT CONSTRAINTS IDENTIFIED IN LUP SEE CAMA REVIEW SEC. (B) AEC(S) INVOLVED: OCEAN HAZARD ESTUARINE SHORELINE X COASTAL WETLANDS X PUBLIC TRUST WATERS X ESTUARINE WATERS X OTHER (C) WATER DEPENDENT: YES X NO (D) INTENDED USE: PUBLIC X PRIVATE COMMERCIAL (E) TYPE OF WASTE WATER TREATMENT: EXISTING N/A PLANNED N/A (F) TYPE OF STRUCTURES: EXISTING Bridge with approach roads PLANNED Bridge replacement, a proach roads & detour crossin (G) ESTI14ATED ANNUAL RATE OF EROSION SOURCE bulkhead 7. HABITAT DESCRIPTION: AREA (A) VEGETATED WETLANDS DREDGED FILLED OTHER saltmarsh cordgrass, black 2178 sq.ft. 6534 sq.ft. needlerush (B) NON-VEGETATED WETLANDS: intertidal bottomland 7375 sq.ft. 13,068 sq.ft (C) OTHER: 3 ac. highground approaches (D) TOTAL AREA DISTURBED: Approximately 3.6 acres * U.S.G.S. 7.5 MIN. TOPO 'SALTER PATH' PR. 1983 FIELD INVESTIGATION REPORT - N.C. DEPARTMENT OF TRANSPORTATION, BROAD CREEK BRIDGE #11, CARTERET CO. PAGE #2 8. PROJECT SUMMARY: The applicant proposes to replace the existing bridge over Broad Creek with a new structure approximately 197' long on the same alignment. A temporary detour and bridge will be installed on the downstream side of N.C. Hwy. 24. 9. NARRATIVE DESCRIPTION: The 'revised' application submitted by NCDOT reflects an increase bridge length and a reduction in the amount of fill in estuarine waters for the replacement of Bridge #11 over Broad Creek, on N.C. Hwy. 24, in Carteret County. The resource agencies will recall that the original application request made by DOT was circulated in March of 1989. Processing was subsequently terminated in August of 1989 pending further studies to formulate alternative designs that would lessen impacts on the aquatic environment and enhance water quality in Broad Creek. As proposed, the new bridge will utilize six individual bridge spans, each 37.5' in length. This will generate a "bridge" 225' long. The actual intertidal opening at the MHW shoreline is estimated to be 197' long from buttress to buttress. This represents a 64% increase in the open-water length or 77' from what was originally proposed by DOT in 1989. It is also important to keep in mind that the new bridge opening will be 103' longer than the existing 94' intertidal opening; that equals an increase of 1100. In order to gain the increased intertidal opening, DOT proposes to excavate a portion of the existing causeway. On the west side of the bridge, a 15-25' section of bridge abutment will be removed to a depth of approximately -4' MLW. On the east side, excavation will remove a 100' section of existing causeway. The proposed plans show that excavation in this area will remove about 2,000 sq. ft. of marsh dominated by black needlerush and cordgrass. The old causeway will be removed to a depth of approximately -4' MLW. Requirements to place fill material in wetlands and open waters remain similar in nature to the original project proposal, however, the size and amount has been reduced due to the excavation associated with the increased bridge length. Approximately 6500 sq. ft. of coastal wetlands and 13,000 sq. ft. of open-water are scheduled to be filled. The amount of fill is divided equally in all four quadrants as the increased road width of 150' will occupy the fringing marsh and shallow-water habitat. Some 2,250 cu. yds. of suitable fill material will be placed below the level of the MHW shoreline. A pile-supported detour bridge will be constructed on the south side of Highway 24 so that traffic FIELD INVESTIGATION REPORT - N.C. DEPARTMENT OF TRANSPORTATION, BROAD CREEK BRIDGE #11, CARTERET CO. PAGE #3 flow will not be interrupted, and, construction can take place on the preferred alignment. In July of 1990, the West Carteret Water Company installed a 12" iron pipe across Broad Creek along the south side of Hwy. 24. The pipe alignment is located some 45' off the centerline of the existing road and should pose no environmental or construction problems for the new road and detour. The 'SA' surface waters of Broad Creek remain closed to the harvesting of shellfish. The Primary Nursery Area on the north side of Highway 24 continues to be biologically productive. Broad Creek, within the limits of the project boundaries, is not considered a part of the designated Outstanding Resource Waters of Western Bogue Sound. At this time, mitigation of wetland losses is not proposed. 10. ANTICIPATED IMPACTS: The projected impacts of the actual construction will be similar in scope to the 1989 DOT proposal, except the net result will increase the overall tidal opening of Broad Creek. The excavation will transform some 7,000 sq. ft. of existing roadway property into subtidal habitat. Bottom dwelling organisms should re-colonize the new substrate, and, the increased waterway should be used as a thoroughfare for shrimp, crabs and finfish. The increased opening should also enhance tidal flushing and the hydrologic connection of Broad Creek above Highway 24 with Bogue Sound. The impacts due to filling estuarine habitat have been reduced by approximately 7300 sq. ft. An estimated 2250 cu. yds. of improved fill material will be placed below the MHW shoreline which will result in the displacement of 6500 sq. ft. of marsh vegetation, and 13,000 sq. ft. of shallow-water habitat. PREPARED BY: JAMES L. MERCER DATE: AUGUST 28, 1990 Pease t}•Pe or print. Carefully describe all an- iJUJf+ e.tJ;) ticipated development activities, including construc- tion, excavation, filling, paving, land clearing, and stormwater control. If the requested information is not relevant to your project, write N/A (not ap- plicable). Items 1-4 and 8-9 must be completed for all projects. d. Describe the planned use of the project. Public Transportation 7 ? T-Al a. North Carolina Department of Trans r Name L. R. Goode Ph.D. Pg tation a. 6. Size of entire acct -N/A Size of individual loc(s)?(/n Address P. O. Box 25201. e. Elevation of tract above mean sea level or Na. City sleigh State tat' tional Geodetic Vertical Datum o Zip 27611 ?Day Phone 733 -?0 }1 d. Soil type(s) and texture(s) of tract z b Landowner or Authorized agent Sn hrnnL rit's . Project name (if any) N/A e. Vegetation on tract Fringing marsh grass ; C. If the applicant is not the landowner, also give f. open wa Pr harm 1 Man-made features now on tract Marina in the owner's name and address. SE Quad: remaining land and y 1 oped g. What is the CAMA Land Use Plan Classifica- tion of the site? (Consult the- local land use plan.) ,- Consc d m on _X Transitional ---- Developed Community - h. Rural Other How is the tract zoned by local government? a. Street address or secondary road number " i. How are adjacent waters classified? S_A NC 24 - Bridge Ov r Broad Creek j• Has a professional archaeological survey been b. City, town, community, or landmark carried out for the tract? YaS -Broad Creek' If so, by whom?_ NMOT Arrhap„t..gist c. County Carteret d. Is proposed work within city limits or plannin g jurisdiction? No e. Name of body of water nearest project Broad Creek - Romig Sound Complete this section if the project includes any upland development. a. Type and number of buildings, facilities, or Room= structures proposed -N/A a. Describe all development activities you propose b. Number of lots or parcels.- N/A (for example, building a home, motel marina C. with' (Give the number of residential units , , bulkhead, or pier). and the units per age.) 1VTA Replacement of Bridge Over Broad _ . , ?_-- d. Size of area to be graded or disturbed e. If the proposed project will disturb more than If you plan to build a marina, also complete one acre of land, the Division of Land and attach Form D.Iv{.MP-2. Resources must receive an erosion and scdimcn- b. Is the proposed activity maintenance of an ex- cation control plan at least 30 days before land siting project, new work, or both? _ Rn? disturbing activity begins. If applicable, has a sedimentation and erosion control plan been c. Will the project be for community, private, or submitted to the Division of Land Resources? commercial use? f. (Ave the perccitage of the tract within 75 feet i of mean high water to be covered by im- permeable surfaces,-such as pavement 1 , buildings, or rooftops. JUL 1 8 )990 1 ? ? w t, r G• List the materials Such as mall 100014 • AJO D , paver scone, G. Amount of material co be excavated from asphalt, or concrete, to be used for paved below water level in cubic yards N/A surfaces. Asphalt & Concrete c. , Type of material N/A h. If applicable, has a stormwater management d. Does the area co be excavated include marzln- land swamps, or other•wetlands? N/A plan been submitted to the Division of En- e. High ground excavation, in cubic yards N A vironmental Management. f. Dimensions of spoil disposal area N/A i. Describe proposed sewage disposal and/or waste g. Location of spoil disposal area N/A water treatment facilities.- N/A h. Do you claim title to the disposal area? N/A j. Have these facilities received state or local If not, attach a letter granting permission from approval?_ N/A the owner. k. Describe existing treatment facilities. i. Will a disposal area be available for future N/A maintenance?? N/A If so, where?- N/A 1. Describe location and of di type ow- argcs to j. Does the disposal area include any marzhland, swampland,-or water areas. _ N/A waters of the state (for examplersurface runoff, i k. Will the fill materio be placed below mean san tary wastewater, industriallcommercial high water? Yes effluent, or "wash down"). 1. Amount of fill in cubic yards 2250 Surface Rimnff m. Type of fill material r m. Water supply source _ N/A n. o. Source of fill mataiakSu i to 1 e Borrow Will fill material be placed on marsh or other n. If the project is oceanfront development, wetlands? Yes describe the steps that will be taken to main- p. 435 Dimensions of the wetland to be filled twin established public beach accessways or pro- q. _ _ How will excavated or fill material be kept on vide new access. N/A site and erosion controlled?_ • F 1 na t i nq_ Silt fpnrp, tilt hacinc and nthpr o. If the project is on the oceanfront, what will r. appropl iatp erncinn rnntrnl MpaclUrpe, What type of construction equipment will be be the elevation above mean sea level of the used (for example, dragline backhoe or first habitable floor? N/A , , hydraulic dredge)? Standard RnadiqAv f.nnrtrurtinn Equipment s. Will wetlands be crossed in transporting equip- ment to the project site?_Ao?_ If yes, explain the steps that will be taken to lessen en- a. Describe below the purpose of proposed excava- vironmental impacts. tion or fill activities (excluding bulkheads, . which are covered in Section 7). Length Width Depth Access channel (MLW) or (NWL) Boat basin Other (break- water, pier, boat ramp, rock jetty) Fill placed in wetland or below MHW Upland fill areas 520 45 a. Length of bulkhead or riprap_ N/A b. Average distance waterward of mean high water or normal water level t1 /A c. Shoreline erosion during preceding 12 months, in feet _ N/A d. Type of bulkhead material NIA e. Amount of fill, in cubic yards, to be placed below mean high water N/A f. Type of fill material N/A 2 Name Address Name Address Name Address A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. A check for $100 made payable to the Department of Natural Resources and Community Development to cover the costs of processing the application. A signed AEC hazard notice for projects in oceanfront and inlet areas. A statement on the use of public funds. If the project involves the expenditure of public funds, attach a state- ment documenting compliance with the North Carolina Environmental Policy Act (N.C.G.S. 113A-1 to 10). 9 CERTIFICATION AND PERMISSION TO ENTER ON LAND Any permit issued in response to this application will allow only the development described in the application. The project will be subject to conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's ap- proved Coastal Management Program and will be con- ducted in a manner consistent with such program. I further certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of project. This is the x 192D Landowner or 4/89 IOUZ)1.109205 AJOJ PROPERTY OWNERS B-1097 - NC 24 OVER BROAD CREEK A. H. RUSSELL ROUTE 1, BOX 142 NEWPORT, NORTH CAROLINA 28570 HATTIE C. HEATH UNKNOWN BROAD CREEK ENTERPRISES, INC. ROUTE 5, BOX 475B NEWPORT, NORTH CAROLINA 28557 DOUGLAS W. STEWART 600 WEST NASH STREET WILSON, NORTH CAROLINA 27893 ESTON T. MILLER ROUTE 1, BOX 140 NEWPORT, NORTH CAROLINA 28570 CHARLES BOYD 230 1I0ODLAND ROAD HENDERSON, NORTH CAROLINA 27536 MARY K. BOYD 2330 WOODLAND ROAD HENDERSON, NORTH CAROLINA 27536 BROAD & GALES CREEK RESCUE SQUAD UNKNOWN I - COUNTY LOCATION NEWDO 'I ?"?1L2 .j ? 11 <!L P „ ,? .. Q ( N£kPORf .9 11,1; •• ,1 A ..nu PROJECT u I u 1? / - uu l Imo, .. lit 1Sj _ • \ _.. /j.. ?,mil ?••? I rte- . t llli r t.` t /gyp` NI ROCK r0wT 04 41* i - 19V mod, :.....:;a.?ig? .tK.a , ICI. )• 165 r"' 1 C v is T L A 0 C E A N PROJECT VICINITY MAP .N.C. DEPT. OF TRANSPORTATION DIVISION.OF HIGHWAYS CARTERET COUNTY _ PROJECT 8.1161402 B-1097 PROPOSED BRIDGE REPLACEMENT ON NC 24 OVER BROAD CREEK SHEET 1 OF 5 DEC. 1988 Mp1rH :c A_A ,r-- - - 'f• iQ I I ..?,. ? J \ !' 'rQw? ' \ t I l A w rr U) f- `? I ;I I w cr ° Q I -? Z I \,? I ! 3 o ? I •I J J x I I Y ?- Q '• +? ?- W W lj LL.", 4 w I tl I J i M 8 p ? ? Z 3-- a W w ? I ? ? I ? o Q p p Z 7 ,i I I ;7 y + I = k-c -Al l? ` I I J J .. I I I 0 yam. O O LL. 4 F I 6 Q r? 1 AQ W W cc m a a '7 in ti I I l ,\ i• IV V In i , ,A 325 I ' , lid W , i J < ? I J ?I I I 4l W o r i W? I I 1 ?,, N :cr > I z a .4 Z i ' a = Ins - I I' o.W I R ?x J '? I I/ 13 W ? J FQ- is V.. r I I , to ' rc a ' ? 11 i I ?Ir •. =: J N. C. DEPT. OF TRANSPORTATION -??- I DIVISION OF HIGHWAYS Q, CARTERET COUNTY I I PROJECT 8.1161402 B-1097 PROPOSED BRIDGE REPLACEMENT ON I I NC 24 OVER BROAD CREEK I I ( SHEET 2. OF 5 DEC. 1988 U tf? 1.1 a W z W Y W W u u 0 co ?35 W Z r J N W a O J J ' 1 1 O z a J S o W tW? _ W () W cc ? I w 3 z .a---• i ? Q J J I 2 Q ; ty 4. W ? I r{ I ? ? I z z ? J I J W W I I W L'i Li I ' I U I O O I. I U I _, 01 C? ? FO I i ?? J7 I 1 w ?< W I 2 I N I I I I KU ` W .. ? • I 1 1 1 O0 ? t I 1 1 oy ? .? I I 1 , ; -?oi- • i - ? 1_ 50? 0 100' Y t SCALE • 0-100' t I I y 1 ? ?I ? - 1 = N.C. DEPT. OF TRANSPORTATION \'• I I 1 ?? - NI H 1dW DIVISION OF HIGHWAYS CARTERET COUNTY PROJECT 8.1161402 • B-1097 PROPOSED BRIDGE REPLACEMENT ON • NC 24 OVER BROAD CREEK SHEET 3 0 F 15 DEC. 1988 N ? o 0 a- N N ?l ti N ID N 0 a Ln h N U1 W ? lk c\j 0 ?W U CO Q 10 Q m n u 0 Q) 0 ?Q n W m J ? U. J L.1. 9p ?aa?Fv U' X00- o ? < Z w c6 I O Q I ? a I ,J O -? (:)7Q3 O F. p C a? ?o ou V J_ LL r /1 O in I +1 I ? Z ? J N.C. DEPT. OF TRANSPORTATION DIVISION,OF HIGHWAYS 4 CARTERET COUNTY 0 ` PROJECT 8.1161402 B-1097 zoo PROPOSED BRIDGE REPLACEMENT ON NC 24 OVER BROAD CREEK SHEET OF Jam" DEC: 1988 I o ?o _ VJ O O . ? Q z v T ° L 0 ?=- T • I T 2 = 1- 0 J I Cj- ..1 J J J lL 1% C7 Z t w- X d W Q Q z0 U W ( j? ) O ~ _ u J N I JI Ld z; QI J p ? Q v . r C) 01 >. r,r W f-- z W n 0 Cl Q 0 z Q F- W Z J L% W- - O Z W O N.C. DEPT. OF TRANSPORTATION DIVISION OF HIGHWAYS CARTERET COUNTY PROJECT 8.1161402 B-1097 PROPOSED BRIDGE REPLACEMENT ON NC 24 OVER BROAD CREEK SHEET C _ OF 5_ DEC: 1988 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT AND WATER QUALITY CERTIFICATION The Department of Environment, Health and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) and 143-215 3(a)(1)(c) that the N.C. Department of Transportation of Raleigh, NC, filed a revised application on August 23, 1990, for a permit from the Division of Coastal Management to develop in an Area of Environmental Concern and for certification from the Division of Environmental Management that a discharge of fill material in project wetlands will not violate applicable water quality standards. According to said application, the applicant is proposing to replace Bridge #23 over Gales Creek with a new structure. A temporary detour and bridge will be installed on the downstream side of NC Hwy. 24, over Gales Creek, in Carteret County. A copy of the entire application and additional information may be examined (or copies furnished upon request and payment of reproduction costs) during normal business hours at the office of Jim Mercer, Division of Coastal Management, located in the Division of Marine Fisheries Building, Morehead City, N.C., 919/726-7021, and/or the office of Preston Howard, Division of Environmental Management, DEHNR Regional Field Office, Wilmington, N.C., 919/256-4161. The Division of Environmental Management proposes to take final action on this water quality certification on or before October 11, 1990. The issuance of the CAMA Major Development permit and the Section 401 Certification may deviate from this projected date depending upon the nature of the comments submitted and subsequent hearings that may result. All persons desiring to make comments should do so in writing to Roger N. Schecter, Director, Division of Coastal Management, P.O. Box 27687, Raleigh, N.C., 27611, prior to October 6, 1990 for consideration in the CAMA permit decision, and to Mr. Bill Mills, Division of Environmental Management, P.O. Box 27687, Raleigh, N.C., 27611, prior to October 1, 1990 for consideration in the water quality certification decision. Later comments on the CAMA application will be accepted and considered up to the time of permit decision. Project modifications may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon request. PUBLISHED ON: Sunday, September 16, 1990 Agenda Item Update on Water Quality Considerations on DOT Projects on Broad and Gales Creeks in Carteret County Explanation: At the March EMC Commission Meeting, Dr. Peterson requested an update on the Broad and Gales Creek DOT bridge renovation pro- jects proposed along HWY 24 in Carteret County. A summary of the environmental issues associated with these projects is provided in the following attachment. Environmental Impact Review of the Dept. of Transportation Plan for Replacement of Bridges Over Broad and Gales Creeks along NC HWY 24, Carteret County MARCH 15, 1990 STATUS REPORT This briefing is provided in response to an inquiry by the Commission regarding the environmental issues associated with the Department of Trans- portation (DOT) projects involving the replacement of roadway bridges over Broad and Gales Creeks in Carteret County. Concerns regarding the impacts to these estuary waters from the existing and proposed causeway structures ' for NC HWY 24 have brought together several agencies within the Department of Environment, Health, & Natural Resources (DEHNR) to review and respond to DOT's plans. Discussion of these matters first began in 1984, and clarification of the Department's concerns occurred upon review of the environmental impact assessments prepared by DOT and submitted to the State Clearing House for review in February, 1989. Subsequent pursuit by DOT of a CAMA permit and 401 Water Quality Certification to allow for lateral expansion of the causeways into documented wetlands areas further stimu- lated discussion between the two agencies. Several meetings have taken place between DEHNR and DOT staff to review perceived problem areas. DEHNR participants have included the Division of Marine Fisheries (DMF), the Division of Coastal Management (DCM), the Division of Planning & Assessment (DPA), and the Division of Environmental Management (DEM). Discussions have centered around the impact of the causeways on the natural flushing patterns of each estuary, and the subsequent effects on water quality and estuarine life. DEHNR has expressed concern that these waters are designated primary nursery areas (PNAs) and, therefore, disturbance of these areas should be avoided. Recent designation of the Western Bogue Sound, which receives inflows from Broad and Gales Creeks, as an outstanding resource water (ORW) further supports this argument. DEHNR further contends that the restriction of the natural channel to a 100 foot width by each bridge opening has resulted in a gradual degradation of water quality and habitat behind the existing causeways with subsequent inhibition or loss of a shellfish resource. Preliminary modeling efforts produced by DOT to show that flushing has not been affected by the causeways have been deemed insuffi- cient by DEHNR. As a result of these discussions, DOT requested that their applica- tions to DEHNR for a CAMA permit and 401 Water Quality Certification be held in abeyance until the environmental issues can be resolved. The two departments met recently (October 5, 1989) to discuss what steps needed to be taken in this regard. During that meeting, the merits of further field and modeling studies were debated. DOT was concerned about further time delays given current bridge conditions and that further study would be wasteful unless DEHNR would agree upfront to a definition of what would constitute significant or nonsignificant impacts in interpreting the study results. DEHNR agreed to provide a scope of work for further study. C a, Page 2 Broad & Gales Following the October meeting and in consideration of the facts presented by the various agencies involved in the matter, our Department Secretary, Mr. William W. Cobey, proposed an alternative to further study. A copy of that proposal is provided for your review. In essence, DEHNR has agreed to provide DOT with the necessary permits to complete their bridge renovation projects if DOT agrees to remove a portion of the existing causeways to allow for a 300 foot opening. It is expected that this action would allow for more natural tidal exchange patterns to occur within each estuary and thereby mitigate the bottom-disturbing activities and wetlands loss associated with the bridge projects. However, this proposal was rejected by DOT. In November of 1989 representatives of DEM and DMF jointly prepared a draft study plan for DOT as requested to provide clarification of what the DEHNR expected to be performed to thoroughly address the outstanding envi- ronmental issues. That study plan was forwarded through the Division of Planning & Assessment to the DEHNR administration in December, 1989 for further consideration. At present, the staff is awaiting the outcome of negotiations between the two departments. DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1690 'Iris I WILMINGTON. NORTH CAROLINA 28402-1690 IN REPLY REFER TO August 1, 1989 Regulatory Branch 23Q S 0< SUBJECT: File No. CESAW-C089-N-016-0287 AW6 1989 rr, o ? Mr. .John Parker Division of Coastal Management ZzlzUZ6 North Carolina Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 27611-7687 Dear Mr. Parker: Reference the application of the North Carolina Department of Transportation, Division of Highways, for a Department of the Army permit to place fill material in the waters/wetlands of Broad Creek associated with the replacement of Bridge No. 11 on North Carolina Highway 24, in Carteret County, North Carolina, State project No. B-1097. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. By letters of July 10 and 13, 1989 (copies enclosed), the U.S. Fish and Wildlife Service (USFWS) and the National Marine Fisheries Service (NMFS) recommended that the work as proposed not be authorized. The agencies object to the placement of fill material in 0.02 acre of salt marsh and 0.5 acre of shallow subtidal habitat within this primary nursery area. Concerns were also expressed regarding the effects of the causeway/bridge lengths on the hydrology of Broad Creek. At present, we support the recommendations of the review agencies. Questions or comments may be addressed to Mr. Hugh Heine, telephone (919) 251-4725. Sincerely, w _ Charles W. Hollis Chief, Regulatory Branch Enclosures -2- Copies Furnished (without enclosures): Mr. William Mills Water Quality Section Division of Environmental Management North Carolina Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 27611-7687 Ms. L. K. (Mike) Gantt U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Robert F. McGhee, Chief Wetlands Section Region IV Marine and Estuarine Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Mr. Charles Jones Morehead City Regional Office North Carolina Division of Coastal Management Post Office Box 769 Morehead City, North Carolina 28557 Mr. Larry Hardy National Marine Fisheries Service Habitat Conservation Division Pivers Island Beaufort, North Carolina 28516 <sY PH State of North Carolina Department of Natural Resources and Community Development Wilmington Regional Office James G. Martin, Governor- Hob Jamieson William W. Cobey, Jr., Secretary Regional Manager DIVISION OF ENVIRONMENTAL MANAGEMENT August 2, 1989 L. R. Goode, Ph.D., P.E. North Carolina Department of Transportation P.O. Box 25201 Raleigh, NC 27611 Subject: Proposed Wetland Fill Project No. 8906-I Bridge #11 / Broad Creek Carteret Dear Dr. Goode: The Wilmington Regional office received your CAMA application on June 19, 1989. A preliminary review indicates that a 401 Water Quality Certification will be required from our Division due to the proposed wetland fill. A 401 certification is required prior to issuance of a LAMA permit. Because of the many essential functions wetlands provide, including purification of surface and groundwater, any loss of wetlands as the result of filling activities is viewed by this office as degradation of water quality, and potentially, a loss of these essential functions wetlands provide. Your project, as proposed, will result in the loss of 8,712 sq. ft. of wetland areas. As a result, this office is requesting the following additional information be submitted within 30 days upon receipt of this letter: an alternate proposal that will eliminate or reduce the proposed fill in wetland areas; or submit an explanation of why such reductions are not possible and what mitigating factors we should consider. 7225 %Vri?htsville A\'enuc, Wdnlington, N.C. 28403-3696 • Telephone 919-25(>-416I An Equal opportunity Affirmative Action Employer L. R. Goode Page Two Until this office receives your response, your proposal for a 401 Certification will be considered incomplete. Should you have any questions concerning this matter, please contact Jim Gregson, Donald Safrit or me at (919) 256-4161. Si cerely, r., P.E. Preston &V?orj Regional SuAPH:J G:trw cc: Bill Mills Steve Tedder Jim Herstine Charles Hollis John Parker Stephen Benton WiRO, CF State of North Carolina Department of Natural Resources and Community Development Wilmington Regional Office James G. Martin, Governor Bob Jamieson William W Cobey, Jr., Secretary Regional Manager DIVISION OF ENVIRONMENTAL MANAGEMENT c•-t . August 2, 1989 i AUG 3 1989 L. R. Goode, Ph.D., P.E. ?i North Carolina Department of Transportation WATER QL ?LITY ION P.O. Box 25201 SECTION Raleigh, NC 27611 Subject: Proposed Wetland Fill Project No. 8906-I Bridge #11 / Broad Creek Carteret Dear Dr. Goode: The Wilmington Regional Office received your CAMA application on June 19, 1989. A preliminary review indicates that a 401 Water Quality Certification will be required from our Division due to the proposed wetland fill. A 401 certification is required prior to issuance of a LAMA permit. Because of the many essential functions wetlands provide, including purification of surface and groundwater, any loss of wetlands as the result of filling activities is viewed by this office as degradation of water quality, and potentially, a loss of these essential functions wetlands provide. Your project, as proposed, will result in the loss of 8,712 sq. ft. of wetland areas. As a result, this office is requesting the following additional information be submitted within 30 days upon receipt of this letter: an alternate proposal that will eliminate or reduce the proposed fill in wetland areas; or submit an explanation of why such reductions are not possible and what mitigating factors we should consider. 7225 %Vrightsvillc Avcnuc, Wilmington, N.C. 28-103-3096 • Telephone 919-256-4161 An Equal Opportunity Affirmative Action Employer L. R. Goode Page Two Until this office receives your response, your proposal for a 401 Certification will be considered incomplete. Should you have any questions concerning this matter, please contact Jim Gregson, Donald Safrit or me at (919) 256-4161. i S cerely, r., P.E. . Preston &V?orj Regional SuAPH: JG:trw cc: Bill Mills Steve Tedder Jim Herstine Charles Hollis John Parker Stephen Benton WiRO, CF