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HomeMy WebLinkAbout58855_TOWN OF PINE HILL SHORES_20110926❑CAMA / ❑ DREDGE & FILL GENERAL PERMIT ❑New ❑Modification ❑Complete Reissue ❑Partial Reissue As authorized by the State of North Carolina, Department of Environment and Natural Resources and the Coastal Resources Commission in an area of environmental concern pursuant to 15A NCAC Applicant Name_ Address City Phone # ()_ Authorized Agent Affected ❑ CW AEC(s): ❑ OEA ❑ PWS: ORW: yes / no — State Fax # (,) ZIP El EW ❑ PTA ❑ ES ❑ PTS ❑ HHF ❑ IH ❑ UBA ❑ N/A ❑ FC: PNA yes / no Crit.Hab. yes / no Type of Project/ Activity r1/ � Previous permit # Date previous permit issued ❑ Rules attached. Project Location: County Street Address/ State Road/ Lot #(s Subdivision CityZIP Phone # O River Basin Adj. Wtr. Body (nat /man /unkn) Closest Maj. Wtr. Body (Scale: ; , - ) Pier (dock) length Platform(s) I i Finger piers) Groin length number I I Bulkhead/ ra RiP P len h + gt avg distance offshore max distance offshore Basin, channel It - I cubic yards —j— Boat ramp Boathouse/ Boatlift Beach Bulldozing _ Other II I I Shoreline Length SAY: not sure yes no I not sure yes i no - --- {Sandbags: Moratorium: n/a yes no Photos: yes no Waiver Attached: yes no A building permit may be required by: Notes/ Special Conditions Agent or Applic 61ed Name Permit Officer's t ����.:t Signatpre Pleaseread compliance statement on back of permit Issuing Date ❑ See note on back regarding River Basin rules. ApplicationFee(s) Check# Local PlanningJurisdiction Expiration Date Rover File Name Statement of Compliance and Consistency This permit is subject to compliance with this application, site drawing and attached general and specific conditions. Any violation of these terms may subject the permittee to a fine or criminal or civil action; and may cause the permit to become null and void. This permit must be on the project site and accessible to the permit officer when the project is inspected for compliance. The applicant certifies by signing this permit that 1) prior to undertaking any activities authorized by this permit, the applicant will confer with appropriate local authorities to confirm that this project is consistent with the local land use plan and all local ordinances, and 2) a written statement or certified mail return receipt has been obtained from the adjacent riparian landowner(s) . The State of North Carolina and the Division of Coastal Management, in issuing this permit under the best available information and belief, certifythatthis project is consistent with the North Carolina Coastal Management Program. River Basin Rules Applicable To Your Project: ❑ Tar - Pamlico River Basin Buffer Rules ❑ Other: ❑ Neuse River Basin Buffer Rules If indicated on front of permit, your project is subject to the Environmental Management Commission's Buffer Rules for the River Basin checked above due to its location within that River Basin. These buffer rules are enforced by the NC Division of Water Quality. Contact the Division of Water Quality at the Washington Regional Office (252-946-6481) or the Wilmington Regional Office (910-796-7215) for more information on how to comply with these buffer rules. Division of Coastal Management Offices Raleigh Office Mailing Address: 1638 Mail Service Center Raleigh, NC 27699-1636 Location: 2728 Capital Blvd. Raleigh, NC 27604 919-733-2293 Fax: 919-733-1495 Morehead City Headquarters 400 Commerce Ave Morehead City, NC 28557 252-808-2808/ 1-888-4RCOAST Fax: 252-247-3330 (Serves: Carteret, Craven, Onslow -above New River Inlet- and Pamlico Counties) Elizabeth City District 1367 U.S. 17 South Elizabeth City, NC 27909 252-264-3901 Fax: 252-264-3723 (Serves: Camden, Chowan, Currituck, Dare, Gates, Pasquotank and Perquimans Counties) Washington District 943 Washington Square Mall Washington, NC 27889 252-946-6481 Fax: 252-948-0478 (Serves: Beaufort, Bertie, Hertford, Hyde, Tyrrell and Washington Counties) Wilmington District 127 Cardinal Drive Ext. Wilmington, NC 28405-3845 910-796-7215 Fax: 910-395-3964 (Serves: Brunswick, New Hanover, Onslow -below New River Inlet- and Pender Counties) Revised 08/09/06 KIMLEY-HORN AND ASSOCIATES, INC. P.O. 15 715 O. BOX 33068 RALEIGH, NC 27636-3068 68-156/531 PAY TO THE ORDER OF DATE JULY 25, 2011 N. C. DENR tr FHit� 6,�tltsy I +I f! „IA pt!!t' tilt) ,,, i,,,,. 11'ii,i !., �I •,�I WACHOVIA BANK, NATIONAL ASSOCIATION Org, 001 R(T 053101561 1$800.00 DOLLARS KIMLEY HORN AND ASSOCIATES, INC. BY 11100157L5113 ':053101561:20 7998 5 3 20 3 391!' i�S:�Nt� . �_ 'r-,�5�-���� '�d'.��5 a�°�',� T9..� a'�.4iAr..-e�`�,�'>���,. !���1,��'g9� :�dt 6c. �> m`��'`�' KagF • a a�� �l^4t�-a. e o s a5r" i.e: w���������°xY� — I KIMLEY—HORN & ASSOC., INC. P. O. BOX 33068 RALEIGH, NC 27636-3068 919-677-2000 PAY Two Hundred And 00/100 Dollars To The Order Of N.C. DENR WACHOVIA NATIONAL BANK Charlotte, NC 66-156/531 DATE CONTROL NO. 002110414 AMOUNT 09/07/201111 002110414 1 $200.00 Memo THIS DOCUMENT HAS A COLORED FACE AND CONTAINS A WATERMARK THAT IS VISIBLE WHEN HELD TO THE LIGHT. ABSENCE OF THESE FEATURES INDICATES A COPY. 1120021101-.11-011 ii:0531015611: 207998532033911' NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue Governor September 29, 2011 Town of Pine Knoll Shores c/o Kimley-Horn 7 Associates, Inc P.O. Box 33068 Raleigh, N.C. 27636 Dear Ms. Reed: Dee Freeman Secretary Attached is General Permit #58855 C to replace the existing bridge with a 42' X 45.5 long bridge and associated infrastructure, including a temporary pedestrian bridge and utility line relocations on Mimosa Blvd., Pine Knoll Shores, North Carolina. In order to validate this permit, please sign the permit as indicated. Retain the white copy for your files and return the signed yellow and pink copies to us in the enclosed, self-addressed envelope. If the signed permit copies are not returned to this office before the initiation of development, you will be working without authorization and will be subject to a Notice of Violation and subsequent civil penalties. We appreciate your early attention to this matter. Sincerely, Stephen Lane Coastal Management Representative rcb Enclosures 400 Commerce Ave., Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-247-3330 Internet: www.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer One NorthCarolina vVatmrally Kimley-Horn and Associates, Inc. September 16, 2011 Mr. Stephen Lane N.C. Department of Environment and Natural Resources Division of Coastal Management Morehead City Office 400 Commerce Avenue Morehead City, NC 28557 Re: Bridge No. 47 on Mimosa Boulevard over Pine Knoll Waterway CAMA- General and Nationwide Permit #23 Application Package Pine Knoll Shores, Carteret County, North Carolina Dear Mr. Lane: On behalf of the Town of Pine Knoll Shores, Kimley-Horn and Associates, Inc. has updated the enclosed Coastal Area Management Act (CAMA) General Permit application for impacts to Public Trust Waters (Pine Knoll Shores Waterway) associated with the replacement of the Bridge No. 47 in Pine Knoll Shores, Carteret County, North Carolina. In addition, KHA re -verified the adjacent property owners using the Carteret County GIS website (http://carteret.connect isg com/, accessed 09/02/11). The following information is included as part of this application submittal: • Application for Major Development (MP -1) form • Excavation and Fill (DCM-MP2) form • Bridges and Culverts (DCM-MP5) form RECEI�D • Pre -Construction Notification (PCN) form • Location Map (Plan Sheet 1 of 4) Sip 2 • Plan Sheets (Sheets 1-4) O 2��% • Utility Plan and rofile • Agent Authorization Form (original signed) SCM SND CdT� • Adjacent Riparian Property Owner Notification Forms (original signed) • Approved Notification of Jurisdictional Determination • Programmatic Categorical Exclusion (signed) If there is any additional information you need to assist in the processing of this application, please do not hesitate to contact me at (919) 677-2073. Very truly yours, KIMLEY-HORN AND ASSOCIATES, INC. W�Pet' Reed, Enclosures Copy: Mr. Brian Kramer, Town of Pine Knoll Shores Tom Steffens, USACE Garcy Ward, NCDWQ IN NF1 APPLICATION for Major Development Permit (last revised 12127/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Town Of Pine Knoll Shores Bridge No. 47 on Mimosa Boulevard over Pine Knoll Waterway Applicant 1: First Name MI Last Name Brian Kramer Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State 100 Municipal Circle Agent/ Contractor 2: First Name Pine Knoll Shores NC ZIP Country Phone No. FAX No. 28512 USA (252) - 247 - 4353 ext. (252) - 247 - 4355 Street Address (if different from above) City State ZIP Email manager@townofpks.com 2. Agent/Contractor Information Business Name Kimley-Horn And Associates, Inc Agent/ Contractor 1: First Name MI Last Name Beth Reed Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State PO Box 33068 33068 Raleigh NC ZIP Phone No. 1 Phone No. 2 27636 (919) - 677 - 2073 ext. - - ext. FAX No. Contractor # (919) 677 2050 Street Address (if different from above) City State ZIP 3001 Weston Parkway Cary NC 27513 - Email beth.reed@kimley-horn.com <Form continues on back> 257-808-2808 — 1= t3 «4 rt .nrca st datr zr aa.e f Form DCM MP -1 (Page 2 of 6) APPLICATION for Major Development Permit 252-808-2808 .. 9-889- RTr . cco.isi,-im-.i agement.net Form DCM MP -1 (Page 3 of 6) APPLICATION for Major Development Permit 3. Project Location Site Description County (can be multiple) Street Address b. Size of entire tract (sclft) State Rd. # Carteret Approximately 0.1 -miles north of the intersection of Mimosa c. Size of individual lot(s) Boulevard and NC -58 (Salter Path Road) N/A, I I Subdivision Name City (If many lot sizes, please attach additional page with a list) State Zip N/A Pine Knoll Shores NC 28512 - Phone No. Lot No. (s) (if many, attach additional page with list) (252) - 247 - 4353 ext. N/A, , , , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project White Oak Bogue Sound c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ❑Manmade ❑Unknown Pine Knoll Waterway e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ❑No work falls within. i. Is the proposed project consistent with the applicable zoning? Town of Pine Knoll Shores 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sclft) Approximately 116 Feet Approximately 43,760 square feet c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or N/A, I I NWL (normal water level) (If many lot sizes, please attach additional page with a list) 9.3 FT above MHW ❑NHW or ❑NWL e. Vegetation on tract The area surrounding the proposed bridge replacement is mostly developed residential; the southwest and southeast quadrants are lightly wooded with medium sized deciduous trees. The northwest and northeast quadrants are bare grassy slopes below residential houses. f. Man-made features and uses now on tract The tract is composed of the man-made Pine Knoll Waterway which is a navigable waterway connecting interior residential developments to the Bouge Sound. Mimosa Boulevard crosses over the Pine Knoll Waterway at Bridge No. 47. The Pine Knoll Waterway is bordered by seawalls. g. Identify and describe the existing land uses adjacent to the proposed project site. Landuse adjacent to the project site is developed residential housing. h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? Local government does not zone the tract. (Attach zoning compliance certificate, if applicable) ❑Yes ❑No ®NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ®No ❑NA National Register listed or eligible property? <Form continues on next page> -2-8108-2808 a, 1= 8-4RCOT . www.necoastalmanagernent.net Form DCM MP -1 (Page 4 of 6) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ❑Yes ®No (ii) Are there coastal wetlands on the site? ❑Yes ®No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes ®No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. There is no central sewer system in the Town of Pine Knoll Shores. The town relies on private septic tank systems for wastewater treatment, as well as 12 package plants requiring weekly maintance located within the town to treat hotel complexes and multi -family homes. o. Describe existing drinking water supply source. Drinking water is supplied by the Town of Pine Knoll Shores Public Services Department p. Describe existing storm water management or treatment systems. Due to the lack of a central sewer system, many of the roads in the Town of Pine Knoll Shores do not have a curb and gutter system, allowing stormwater to runoff freely. Roadside ditches control runoff away from development and towards larger bodies of water. There is no centralized stormwater management system for the town. 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ®Public/Government ❑ Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The project will replace a structurally deficient bridge on Mimosa Boulevard, Bridge No. 47, over Pine Knoll Waterway. While the bridge is being replaced, the existing seawall will be removed and replaced by new bulkheads that will allow for a wider navigable opening below the bridge span. This will allow for safer travel across the bridge on Mimosa Boulevard, as well as allowing two-way boat traffic beneath the bridge on the Pine Knoll Waterway for the first time. During construction, a temporary pedestrian bridge will be constructed across the waterway, in the vicinity of the existing bridge, to allow for safe pedestrian travel throughout the construction phase. The temporary pedestrian bridge will be removed after the new bridge is constructed. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Cranes and backhoes will be used to remove the existing bridge slabs. Once the bridge is removed, the soil behind the seawall will be excavated and the new bulkhead will be built. Once construction is complete, the existing seawall will be removed. Then the new bridge will be built over the span. Graders will be used to match the existing road surface to the new surface of the bridge. d. List all development activities you propose. Development activities include construction of a replacement bridge to allow for the removal of the existing deficient bridge and construction of new bulkheads beneath the bridge to allow for removal of old seawall and expansion of the Pine Knoll Waterway beneath Mimosa Boulevard. During construction, a temporary pedestrian bridge will be built alongside of the construction area to allow pedestrian access across the waterway. e. Are the proposed activities maintenance of an existing project, new work, or both? The proposed activities are new work. f. What is the approximate total disturbed land area resulting from the proposed project? 1234 ®Sq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area ®Yes ❑No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. There will be no new discharges to waters of the state. Stormwater runoff from the bridge will be covered by the NC DOT NPDES permit. i. Will wastewater or stormwater be discharged into a wetland? ❑Yes ®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ®NA 252-803-2808 ., 1-888-4R . T .. www.ncco st l an genie st.net Form DCM MP -1 (Page 5 of 6) APPLICATION for Major Development Permit j. Is there any mitigation proposed? ❑Yes []No ®NA If yes, attach a mitigation proposal. <Form continues on back> 6. Additional Information In addition to this completed application form, (MP -1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (f) are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Phuc and Beverly Nguyen Phone No. 252-241-8871 Address 103 Mimosa Boulevard Name Cindy McCarty Phone No. 919-676-9772 Address 226 Salter Path Road Name Alyce and Stephen Lawrence Phone No. 757-483-6235 Address 228 Salter Path Road Name Alice and Clawson Hicks Phone No. N/A Address 104 Mimosa Blvd (Mailing Address) PO Box 725 Morehead City, NC 28557 g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. N/A h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I 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 the project. I further certify tha einformation provided in this application is truthful to the best of my knowledge. Date Print Name �� 9eJ Signature �I (p I 252-808-2808 .. I-888-4 R COAST .. wwrw.nccoastaI m a n a 9 e rn ent.net Form DCM MP -1 (Page 6 of 6) Please indicate application attachments pertaining to your proposed project. ®DCM MP -2 Excavation and Fill Information ®DCM MP -5 Bridges and Culverts ❑DCM MP -3 Upland Development ❑DCM MP -4 Structures Information APPLICATION for Major Development Permit Form DCM MP -2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP -1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. 1. EXCAVATION E] This section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. Existing earthen material between proposed and existing Approximately 376 cubic yards excavated (associated with bulkheads. construction of new bulkheads making the existing channel 8 -feet wider on each side) C. (i) Does the area to be excavated include coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ®None (ii) Describe the purpose of the excavation in these areas: N/A d. High -ground excavation in cubic yards. Approximately 738 cubic yards excavated above NHW due to construction of new bulkheads, channel widening, and bridge construction. 2. DISPOSAL OF EXCAVATED MATERIAL ®This section not applicable a. Location of disposal area. b. Dimensions of disposal area. N/A C. (i) Do you claim title to disposal area? ❑Yes ❑No ®NA (ii) If no, attach a letter granting permission from the owner. e. (i) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL ®None (ii) Describe the purpose of disposal in these areas: N/A N/A d. (i) Will a disposal area be available for future maintenance? ❑Yes ❑No ®NA (ii) If yes, where? N/A (i) Does the disposal include any area in the water? [-]Yes ❑No ®NA (ii) If yes, how much water area is affected? N/A 282-808-2808 .. 1-886-4RCOA T :; www.nccoastalmanagement.net revised. 12`26,Z6 Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL) stabilization Length Width Avg. Existing NA NA Depth Final Project NA NA Depth 1. EXCAVATION E] This section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. Existing earthen material between proposed and existing Approximately 376 cubic yards excavated (associated with bulkheads. construction of new bulkheads making the existing channel 8 -feet wider on each side) C. (i) Does the area to be excavated include coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ®None (ii) Describe the purpose of the excavation in these areas: N/A d. High -ground excavation in cubic yards. Approximately 738 cubic yards excavated above NHW due to construction of new bulkheads, channel widening, and bridge construction. 2. DISPOSAL OF EXCAVATED MATERIAL ®This section not applicable a. Location of disposal area. b. Dimensions of disposal area. N/A C. (i) Do you claim title to disposal area? ❑Yes ❑No ®NA (ii) If no, attach a letter granting permission from the owner. e. (i) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL ®None (ii) Describe the purpose of disposal in these areas: N/A N/A d. (i) Will a disposal area be available for future maintenance? ❑Yes ❑No ®NA (ii) If yes, where? N/A (i) Does the disposal include any area in the water? [-]Yes ❑No ®NA (ii) If yes, how much water area is affected? N/A 282-808-2808 .. 1-886-4RCOA T :; www.nccoastalmanagement.net revised. 12`26,Z6 Form OCM MP -2 (Excavation and Fill, Page 2 of 3) 3. SHORELINE STABILIZATION ❑This section not applicable (If development is a wood groin, use MP -4 — Structures) a. Type of shoreline stabilization: ®Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: C. Average distance waterward of NHW or NWL: N/A (proposed bulkheads moved approximately 8' landward of existing bulkheads) e. Type of stabilization material: Bulkheads g. Number of square feet of fill to be placed below water level. Bulkhead backfill Riprap Breakwater/Sill Other i. Source of fill material. N/A b. Length: 116.4 L.F. (South bank), 110.9 L.F (North Bank) Width: 2.5' d. Maximum distance waterward of NHW or NWL: N/A (proposed bulkheads moved approximately 8' landward of existing bulkheads) f. (i) Has there been shoreline erosion during preceding 12 months? ❑Yes ®No ❑NA (ii) If yes, state amount of erosion and source of erosion amount information. N/A h. Type of fill material. N/A (no fill material necessary, excavation only) 4. OTHER FILL ACTIVITIES ®This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brouoht to the site? ❑Yes ❑No ®NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW), If yes, (ii) Amount of material to be placed in the water N/A (iii) Dimensions of fill area N/A (iv) Purpose of fill N/A submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL ®None (ii) Describe the purpose of the fill in these areas: N/A 5. GENERAL a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., dragline, controlled? backhoe, or hydraulic dredge)? Temporary and permanent seeding, silt fencing, check dams with backhoe and excavator weirs, and floating turbidity curtains. C. (i) Will navigational aids be required as a result of the project? ❑Yes ®No ❑NA (ii) If yes, explain what type and how they will be implemented. d. (i) Will wetlands be crossed in transporting equipment to project site? ❑Yes ❑No ®NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. N/A oaI(U/I( ) Date f Appligant Name Project Name ` t[ 252-808-2808 :: 1-888-4RCOAST :: www.nccoastaimanaciement.net revised: 12/26/06 F DCM M2 (Excavation nd Fill, Page 3 of 3) LpRjI-Iant Signature 252-808-2808- 1-888-4RCOAST :: www.nccoastaimanagement.net revised. 12/26,106 Form OCM MP -5 BRIDGES and CULVERTS Attach this form to Joint Application for CAMA Major Permit, Form DCM MP -1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. BRIDGES ❑ This section not applicable a. Is the proposed bridge: b. Water body to be crossed by bridge: ❑Commercial NPublic/Government ❑Private/Community Pine Knoll Waterway c. Type of bridge (construction material): Superstructure - P/S cored concrete cored slab units with asphalt wearing surface e. (i) Will proposed bridge replace an existing bridge? ®Yes ❑No If yes, (ii) Length of existing bridge: 29.5 feet (iii) Width of existing bridge: 24.0 feet (iv) Navigation clearance underneath existing bridge: 9.85 feet (v) Will aft, or a part of, the existing bridge be removed? (Explain) All of existing bridge will be removed. g. Length of proposed bridge: 45.5 feet d. Water depth at the proposed crossing at NLW or NWL: 5.5 feet f. (i) Will proposed bridge replace an existing culvert? ❑Yes NNo If yes, (ii) Length of existing culvert: N/A (iii) Width of existing culvert: N/A (iv) Height of the top of the existing culvert above the NHW or NWL: N/A (v) Will all, or a part of, the existing culvert be removed? (Explain) N/A h. Width of proposed bridge: 42 feet i. Will the proposed bridge affect existing water flow? ❑Yes NNo j. If yes, explain: N/A k. Navigation clearance underneath proposed bridge: 15 feet Will the proposed bridge affect navigation by reducing or increasing the existing navigable opening? ®Yes ❑No If yes, explain: The bridge will create a wider span, allowing the seawall bulkheads to be built behind the existing bulkheads, increasing the navigable opening to 33 -feet. I. Have you contacted the U.S. Coast Guard concerning their approval? ❑Yes NNo If yes, explain: A US Coast Guard Advance Approval (AA) letter is pending. m. Will the proposed bridge cross wetlands containing no navigable n. Height of proposed bridge above wetlands: N/A waters? ❑Yes NNo If yes, explain: N/A 2. CULVERTS F1 This section not applicable a. Number of culverts proposed: N/A b. Water body in which the culvert is to be placed: N/A 252-808-2808 :: 1-888-4RCOAST :: www.nccaastalmanagement.net revised: 1O126;06 Form ®CM MP -5 (Bridges and Culverts, Page 2 of 4) < Form continues on back> C. Type of culvert (construction material): N/A d. (i) Will proposed culvert replace an existing bridge? e. (i) Will proposed culvert replace an existing culvert? ❑Yes ®No ❑Yes ®No If yes, (ii) Length of existing bridge: N/A (iii) Width of existing bridge: N/A (iv) Navigation clearance underneath existing bridge: N/A (v) Will all, or a part of, the existing bridge be removed? (Explain) N/A f Length of proposed culvert: N/A h. Height of the top of the proposed culvert above the NHW or NWL. N/A j. Will the proposed culvert affect navigation by reducing or increasing the existing navigable opening? ❑Yes ®No If yes, explain: N/A If yes, (ii) Length of existing culvert(s): N/A (iii) Width of existing culvert(s): N/A (iv) Height of the top of the existing culvert above the NHW or NWL: N/A (v) Will all, or a part of, the existing culvert be removed? (Explain) N/A 9- Width of proposed culvert: N/A i. Depth of culvert to be buried below existing bottom contour. N/A k. Will the proposed culvert affect existing water flow? ❑Yes ®No If yes, explain: N/A 3. EXCAVATION and FILL ❑This section not applicable a. (i) Will the placement of the proposed bridge or culvert require any excavation below the NHW or NWL? ❑Yes ®No If yes, (ii) Avg. length of area to be excavated: (iii) Avg. width of area to be excavated: (iv) Avg. depth of area to be excavated: (v) Amount of material to be excavated in cubic yards: b. (i) Will the placement of the proposed bridge or culvert require any excavation within coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ®None (ii) Describe the purpose of the excavation in these areas: N/A 252-808-2808 :, 1-888-4RCOA5T :: www.nccoastalmarzagement.net revised: 10/26/06 Form DCM MP -5 (Bridges and Culverts, Page 3 of 4) C. (i) Will the placement of the proposed bridge or culvert require any high -ground excavation? ❑Yes ®No If yes, (ii) Avg. length of area to be excavated: (iii) Avg. width of area to be excavated: (iv) Avg. depth of area to be excavated: (v) Amount of material to be excavated in cubic yards: d. If the placement of the bridge or culvert involves any excavation, please complete the following: (i) Location of the spoil disposal area: N/A (ii) Dimensions of the spoil disposal area: N/A (iii) Do you claim title to the disposal area? ❑Yes ❑No (if no, attach a letter granting permission from the owner.) (iv) Will the disposal area be available for future maintenance? ❑Yes ❑No (v) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAVs), other wetlands (WL), or shell bottom (SB)? ❑CW ❑SAV OWL ❑SB ®None If any boxes are checked, give dimensions if different from (ii) above. N/A (vi) Does the disposal area include any area below the NHW or NWL? ? ❑Yes ❑No If yes, give dimensions if different from (ii) above. N/A e. (i) Will the placement of the proposed bridge or culvert result in any f. (i) Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d above) to fill (other than excavated material described in Item d above) to be placed below NHW or NWL? ❑Yes ®No be placed within coastal wetlands/marsh (CW), submerged If yes, aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square (ii) Avg. length of area to be filled: N/A feet affected. (iii) Avg. width of area to be filled: N/A E] CW E] SAV ❑SB (iv) Purpose of fill: N/A ❑WL ®None (ii) Describe the purpose of the excavation in these areas: N/A g. (i) Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d above) to be placed on high -ground? ❑Yes ®No If yes, (ii) Avg. length of area to be filled: N/A (iii) Avg. width of area to be filled: N/A (iv) Purpose of fill: N/A a. Will the proposed project require the relocation of any existing b. Will the proposed project require the construction of any temporary utility lines? ®Yes ❑No detour structures? ®Yes ❑No If yes, explain: 100 feet of 8" water line will be removed If yes, explain: A temporary pedestrian bridge will be built and replaced, and 120 feet of telephone/cable/tv wire across the channel west of the location of the existing will be relocated. bridge to provide pedestrian access during construction. 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmaRaggment.net revised: 10/26,06 Form ®CM MP -5 (Bridges and Culverts, Page 4 of 4) If this portion of the proposed project has already received approval from local authorities, please attach a copy of the approval or certification. < Form continues on back> Will the proposed project require any work channels? d. How will excavated or fill material be kept on site and erosion ❑Yes ®No controlled? If yes, complete Form DCM-MP-2. e. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? backhoes and excavators g. Will the placement of the proposed bridge or culvert require any shoreline stabilization? ®Yes ❑No If yes, complete form MP -2, Section 3 for Shoreline Stabilization only. ogI I � I C i Date Project Name Applicant •Name A licant Signature temporary and permanent seeding and mulching, sediment fencing, check dams with weirs, and floating turbidity curtains Will wetlands be crossed in transporting equipment to project site? ❑Yes ®No If yes, explain steps that will be taken to avoid or minimize environmental impacts. N/A 252-808-2808 :: 1-888-4RCOAST :: www.nccoastaImanagement.net revised: 10/26/06 Pre -Construction Notification (PCN) Form olqiii�< Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Page 1 of 12 PCN Form — Version 1.3 December 10, 2008 Version Pre -Construction Notification PCN Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ®Section 404 Permit ❑Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 23 or General Permit (GP) number: 3701 1c. Has the NWP or GP number been verified by the Corps? ® Yes ❑ No 1 d. Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ® No For the record only for Corps Permit: ❑ Yes ® No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑ Yes ® No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ® Yes ❑ No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ® Yes ❑ No 2. Project Information 2a. Name of project: Bridge No. 47 on Mimosa Boulevard over Pine Knoll Waterway 2b. County: Carteret County 2c. Nearest municipality / town: Pine Knoll Shores 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: TIP No. B-5001 3. Owner Information 3a. Name(s) on Recorded Deed: Town of Pine Knoll Shores 3b. Deed Book and Page No. 3c. Responsible Party (for LLC if applicable): Mr. Brian Kramer 3d. Street address: 100 Municipal Circle 3e. City, state, zip: Pine Knoll Shores, NC 28512 3f. Telephone no.: (252) 247-4353 3g. Fax no.: (252) 247-4355 3h. Email address: manager@townofpks.com Page 1 of 12 PCN Form — Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ® Agent ❑ Other, specify: 4b. Name: 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: Beth Reed, PWS 5b. Business name (if applicable): Kimley-Horn and Associates, Inc. 5c. Street address: 3001 Weston Parkway 5d. City, state, zip: Cary, NC 27513 5e. Telephone no.: (919) 677-2073 5f. Fax no.: (919) 677-2050 5g. Email address: beth.reed@kimley-horn.com Page 2 of 12 PCN Form — Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): N/A 1 b. Site coordinates (in decimal degrees): Latitude: 34.6967 Longitude: - 76.8104 (DD.DDDDDD) (-DD.DDDDDD) 1 c. Property size: 1.0 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Pine Knoll Waterway, Bogue Sound proposed project: 2b. Water Quality Classification of nearest receiving water: SA; HQW 2c. River basin: White Oak 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: The project is Icoated within the municipal limits of the Town of Pine Knoll Shores, approximately 0.1 -mile north of the intersection of Mimosa Boulevard and NC 58 (Salter Path Road). Development in the area is residential. Mimosa Boulevard is classified as an urban local connector. 3b. List the total estimated acreage of all existing wetlands on the property: No wetlands are present at the project site. 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 110 feet (from proposed bulkhead tie to proposed bulkhead tie) 3d. Explain the purpose of the proposed project: The purpose of the proposed project is to replace bridge no. 47 carrying Mimosa Boulevard over the Pine Knoll Waterway. The project also includes replacing the seawalls and widening the Pine Knoll Waterway to allow for two-way boat traffic beneath the bridge. 3e. Describe the overall project in detail, including the type of equipment to be used: Bridge no. 47 is 31 -feet long, and the bridge replacement will be 45.5 -feet in length. During bridge replacement, the seawalls beneath the bridge will be removed. The Pine Knoll Waterway will be widened 8 -feet on each side, resulting in a 33.5 -foot width beneath the bridge. The bridge will be replaced allowing for two 12 -foot lanes, 2'-6" curb and gutter, and two 5 -foot wide sidewalks. The roadway grade of the new structure will be 0.30%. In addition, Mimosa Boulevard is the primary access to the beach (across Salter Path) for this neighborhood. The Town of Pine Knoll Shores has requested a temporary pedestrian bridge be built for beach access during construction. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / ®Yes El No El Unknown project (including all prior phases) in the past? Comments: Approval letter is attached 4b. If the Corps made the jurisdictional determination, what type El Preliminary ®Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Kimley-Horn and Associates, Inc.Other: Name (if known): Beth Reed, PWS 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. Tom Steffens with the US Army Corps of Engineers (USACE), Garcy Ward of the North Carolina Divison of Water Quality (NCDWQ), and Stephen Lane of the North Carolina Divison of Coastal Management (NCDCM) met for a field review on August 23, 2010. Documentation of the USACE jurisdictional determination verification was issued on 12/16/2010. Page 3 of 12 PCN Form — Version 1.3 December 10, 2008 Version 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ❑ Yes ❑ No ® Unknown 5b. If yes, explain in detail according to "help file' instructions. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ® No 6b. If yes, explain. Page 4 of 12 PCN Form — Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1 a. 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 W1 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W2 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W3 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W4 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W5 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W6 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ 2g. Total wetland impacts 2h. Comments: No wetlands are present. 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 jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ — non -404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S2 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S3 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S4 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S5 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S6 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ 3h. Total stream and tributary impacts 3i. Comments: Page 5 of 12 PCN Form — Version 1.3 December 10, 2008 Version 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 individually list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number — (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary T 01 ❑ P ®T Pine Knoll Removal of existing bulkheads Man-made 0.03 Waterway and excavation of fill Waterway 02 ❑P❑T 03 ❑P❑T 04 ❑P❑T 4f. Total open water impacts 4g, Comments: Temporary impacts to Pine Knoll Waterway will result from the removal of the existing bulkheads, and the excavation of the existing fill between the proposed bulkheads and the existing bulkheads. 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5a. 5b. 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose (acres) number of pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5E Total 5g. Comments: No pond or lake construction is proposed. 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: Page 6 of 12 PCN Form — Version 1.3 December 10, 2008 Version 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 any impacts require mitigation, then you MUST fill out Section D of this form. 6a. ❑ Neuse El Tar -Pamlico El Other: Project is in which protected basin? ❑ Catawba ❑ Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number— Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Temporary T impact required? B1 ❑P❑T El Yes ❑ No B2 ❑ P ❑ T ❑ Yes ❑ No B3 ❑P❑T ❑Yes ❑ No 6h. Total buffer impacts 6i. Comments: There are no buffers within project limits. D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. All practical measures have been taken to aviod and minimize impacts to the open waters. Swales to be used to control runoff from the adjacent roadway were avoided to eliminate ground disturbance near the open waters. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Turbidity curtains were placed outside of the existing bulkheads to catch sediment that may be disturbed during construction of the proposed bulkheads and removal of the existing bulkheads. 2. Compensatory Mitigation for Impacts to Waters of the U.S, or Waters of the State 2a. Does the project require Compensatory Mitigation for ❑ Yes ® No impacts to Waters of the U.S. or Waters of the State? 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps ❑ Mitigation bank 2c. If yes, which mitigation option will be used for this Payment to in -lieu fee program project? ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type Quantity Page 7 of 12 PCN Form — Version 1.3 December 10, 2008 Version 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. 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) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). N/A 6h. Comments: Page 8 of 12 PCN Form — Version 1.3 December 10, 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. 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: The project is a bridge replacement. Only a small amount of impervious ❑ Yes ® No area will added (4255 SF), and it is not possible to effectively collect stormwater runoff from the new impervious area and release it diffusely outside the top of banks due to the flat topography and other constraints of the site. 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 70% 2b. Does this project require a Stormwater Management Plan? ❑ Yes ® No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: the proposed project will be covered under NCDOT's NPDES permit and will not require a state stormwater permit. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: ❑ 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? The Town of Pine Knoll Shores (No program) ❑ Phase II ❑ NSW 3b. Which of the following locally -implemented stormwater management programs ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ® Other: NCDOT NPDES Program 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ® No attached? 4. DWQ Stormwater Program Review ❑ Coastal counties ❑ HQW 4a. Which of the following state -implemented stormwater management programs apply ❑ ORW ❑ Session Law 2006-246 (check all that apply): ® Other: NCDOT NPDES Program 4b. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ® No attached? 5. DWQ 401 Unit Stormwater Review Page 9 of 12 PCN Form — Version 1.3 December 10, 2008 Version 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ® Yes ❑ No use of public (federal/state) land? 1 b. 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)? 1 c. 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.) Comments: A Programmatic Categorical Exclusion has been approved by the N.C. ® Yes ❑ No Department of Transportation, Federal Highway Administration, Town of Pine Knoll Shores, and Kimley-Horn and Associates, Inc (agent). A copy of the signed Categorical Exclusion Action Classification Form is inlcuded in this application submittal. 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 ® No additional development, which could impact nearby downstream water quality? 3b. 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. The purpose of this project is to replace Bridge No. 47 which has been determined to be structurally deficiant. The project is not intended to induce growth. In addition, the areas around the project site are currently developed and residential. 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. No wasterwater will be discharged as a result of this project. Page 10 of 12 PCN Form — Version 1.3 December 10, 2008 Version S. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ® Yes ❑ No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ® Yes ❑ No impacts? ® Raleigh 5c. If yes, indicate the USFWS Field Office you have contacted. ❑ Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? Correspondence with the USFWS indicates that as long as the Guidelines for Avoiding Impacts to the West Indian Manatee (June, 2003) are implemented, the project should not have an adverse impact to the manatee. In addition, the construction of new seawalls will take place behind the existing seawalls, leaving the existing seawalls intact throughout the construction process. A review of NC National Heritage Program (NCNHP) database records indicate there have been no West Indian Manatee occurrences within 1.0 mile of the project. See attachedc USFWS concurrence letter dated April 19, 2011. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? TN Yes ❑ No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? According the NC Division of Marine Fisheries (NCDMF) and the NC Wildlife Resources Commission (NCWRC) the project study area is not designated as anadromous fish spawning habitat or a primary nursery area. However, since the proposed project includes widening the channel, there is a potential for increased turbidity, therefore, the NCDMF may require a construciton moratorium between April 1 -September 30 as a condition of the Section 404/401 permits from the USACE and NCDWQ. Further coordination with NCDMF will be required once specific turbitity control measures and the season of the year for construction have been determined. 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)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? There are no historic sites near the project, based on North Carolina State Historic Preservation Office HPOWEB GIS Service, cited 6/21/11. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA -designated 100 -year floodplain? ❑ Yes ® No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? FEMA floodmaps panel 3720635500J, Effective date July 16, 2003 Page 1 1 of 12 PCN Form — Version 1.3 December 10, 2008 Version Date Applicant/Agent's Printed Name Applicant/Agent's Signature DI) I to/ (� (Agent's signature is valid only if an authorization letter from the applicant isprovided.) Page 12 of 12 PCN Form — Version 1.3 December 10, 2008 Version Figures N W+E S Bogue Sound Innis Dr , v` Oakleaf Drive m: A Oakleaf Or o I JAIIber Q / - -J y !Y Ct Q) _ _ Mt 2� Hawthorne Or ° Boulev Dr Ch stnut C _ /� d Gypr s ar f, j �5 Walnut Gir — o �fe9s 3o Acpr� G - - c$ o �e v �a J m v wood Or a 1 Loblolly Or g�°h —_,Q 60Juni er Rd Y r =5001 pine-K>�IhWt aY v Arborvitae Dr n pinewood Or : y St q ---- i Salter P Rd 58 �------- Salter Path R ad Atlantic Ocean 0 500 1,000 2,000 Feet _ f ' a ret �a County j Atlantic Ocean LEGEND Figure 1 0Project Boundary Vicinity Map Carteret County TIP Project B-5001 (Replacement of Bridge #47) Pine Knoll Shores, Carteret County, North Carolina `�,.Jr+r ` ' � ./ + _ sr-"' 7 j.. •Yjq? I' �' i..' �aS 'ir � � •.- �v�hy. �., t "h, {moi' _ + 4 � -. - y .tx�yi�� � `� fes' r (k Jam$ - � S O . D r ,. .. i r y I P, •. 4,7 ` *, jy-`•.' `^7�w-�L ,'• ' t lr����at��� -;iii. j - t. D .. + � -rs_ _ i _ + v.w'�o llo''"Sr �-'_+. o fit,..^ �y ���' j�,, -��. � � y V a o e we 7�. �o.J M1n> N Ql h - •i' � �t � � ' D ' NO, St k"'-r It ♦ • Y f 1,,- y''�,?'t - -f .h..' y •, D f ..r w �.`r? - j <r - A£�s' �-•rte--" ") �' LEGEND Figure C NAME -WMMRCV-- COMM' Jr D. er.R oad�''� 0 750 1,500 3,000 Feet Pde 2 Hoop Pole^ �. • • J'r 6� / • • �I Golf Cot c�qi �X-lVY V au _ •1158` - ��' ' -• ' -- J Atlantic Ocean N W+E S LES Figure USGS Topographic Ma TIP Project B-5001 (Replacement of Bridge #47 Source: US Geological Survey (Mansfield Quadrangle) L—JProject Boundary Pine Knoll Shores, Carteret County, North Carolin LEGEND CFigure 4 -� NRCS Carteret County Soil Survey Source: USDA - NRCS - 1987IM Project Boundary TIP Project B-5001 (Replacement of Bridge #47) Pine Knoll Shores, Carteret County, North Carolina + • • • tet �• ' , ' ?l►,:_. .. • �n)F PIV 'A�`ChjQl:l C1-�!3�Y - .�.• • . " . R LONE W E • .ter s-, • _ •" • ♦ F .•• - k t � . • ,", . � ••. /mos • .• � .. :' _ �' �•�1ii,. 01kalevara •y*�:1••` •.:,f• ••.si `•6 • • `-••• .••• t•► •'•• y �� I E X �, •_-• - . - - � i . - . - ' ♦ ' . . . . •' :fir, • �ir,x: ♦ �.. ► • .., .- • .♦ a .• ". • � '•. • • • • • • r - .... r<t' �•• �; • !i, • .,,',..,mow-- ;.w�"`�• . • . •. � % •',� • ' • y.'+�r '"' • ! • ♦ i. ., r.. • d T �-',• �! �;v� � .� :6Y "tf r,�,,,.t 6 �I � � •.� • - JY/ . r ♦ ♦ • w- l;r�s ., t� • •f:'. �•.-• ..,,ZONE A . •. .%.. »;¢ se; ei • pi"Rr•'.It�e. � A. •. • tom"'" t _ ._L•-���r - .. ZONE LIE . . . 0.. .250.. .500 • '1,000; .. .. ..... . . . .. • } • •. f, r .�.1.. �. ! fowl'"; �, - • t� •• AdvlllllbhLEGEND Figure 5 Source: NC Floodplain Mapping Information SystemFEMA Flood Zone Map Panels 6355,6365-Eff. Date 07/16/2003 Q Project Boundary TIP Project B-5001 (Replacement of Bridge #47) Pine Knoll Shores, Carteret County, North Carolina Permit Drawings t ..t.t PROJECT LOCATION BRIDGE NO. 47 I NORTH CAROLINA STATE YAP 74 7 yam.. Bogue uQ Sound � _, f tJA"f MACAO BC / Bo", M - Bank' yy. y�l�EP VATN RD _ PROJECT ontlow. LOCATION Bay BRIDGE NO. 47 PROJECT LOCATION MAP NAYp H8 (Fn PROPOSED STRUCTURE: I o W -2r CCIORED �SL�AB �N E CE OeBO PEUANUNDOF UPSTREAM STRUCTURE: N/A DOWNSTREAM STRUCTURE: 0.6 M SSWN EAM AT DAKtEAF DRIVE) GRAPHIC SCALE GRAPHIC SCALE 25 0 25 50 125 0 123 25 - (IN FEET) (IN METERS) (INCH = 50 FT �MKimley-Horn TOWN OF PINE KNOLL SHORES MIMOSA BLVD SHEET 0m ❑ and Associates, Inc. CARTERET COUNTY, NC PROJECT CORRIDOR BRIDGE NO. 47 MIMOSA BLVD 1 OF 4 BRIDGE REPLACEMENT JULY 25, 2011 Releiph, Nunn Cnrolirw 1763A NOTES: DUE TO BULKHEADS MEAN HIGH WATER GRAPHIC SCALE LIMITS AND MEAN LOW WATER LIMITS SAME AS TOP OF BANKS 25 0 25 50 LIMITS OF 100 -YR FLOOD OUTSIDE OF (IN FEET) PLAN VIEW AREA. PLEASE REFER i ( INCH = 50 FT TO FEMA FIRM MAP NO. 3720635500) 125 0 125 25 99I z (IN METERS) AM OF CHANNEL on su w Aa � n nrwr _ PEDEsxwAre maE E7°sTNG � / r..Yi �cawt V.+ea . NLCKMEAD MT04vim r R w w m EY6TWp M I w • BULKHEAD PNDPDSEDPNOPDSEDluxKKAO gam' APP!lOAC>• • .D:f f 85 SLM �1 t j 4t MIMOSA BLVD t PNDPOSED EYdTNG BULK EAS NOM t'NOP'DSiD \f EYISTNO NIGHT -DF -WAY - /! " NNRC Yall G uEAD tlOt ZYrl�K1Y m OM w iu EMTfMG i ,^,, IR r w • \ DULP"D LLQ LKlS i Cl/KSOI wx% • IJ.O M[I AS �wwr 0 —�—n— EXISTING TOP OF BANKS (EXISTING SHORELINE) / O E-- EASEMENT TOE c - PROPOSED SLOPE IMPACT LIMITS —POE— PERMANENT DRAINAGE EASEMENT - i TOWN OF PINE KNOLL SHORES MIMOSA BLVD Kimley-Horn ❑m❑ Associates, Inc. CARTERET COUNTY, NC SHEET and IMPACT 1 7D,1 0"0" BRIDGE NO. 47 MIMOSA BLVD 2 OF 4 Kvkivh, NOAh Canliro 27636 " ° °"ti °2 BRIDGE REPLACEMENT JULY 25, 2011 i� NAVD 88 (FT} GRAPHIC SCALE 12.5 0 125 25 (IN FEET) CHANNEL I ( INCH = 50 FT ' BEGIN 12,1 £L- S A A 1 ZS (IN METERS) ELLEV - 125a' ELEVSr2bB'4 BEGIN APPROACH S • END APPROACH SLAB -L- $A l t - A 12+64.25 -L- 13 ELEV 1253' ELEV - 125% i) PROPOSED GRADE EXISTING I il� •-" "",... t7 I GROUND VERTICAL 65 EXISTING CLEARANCE APPROX .. ! SEAWALLS PROPOSED EXISTING FEMA COASTAL STILLWATER BULKHEADS GROUND ELEVATION = 6.0' EXISTING ILLS PAM BULKHEADS CHANNEL WrOYYhW = 0.91' R' ` i TkW - - EL&AS6' i �AP,ROX' { YTL - -OJ9' BRIDGE HYDPAUlJC DATA .�.3;T MLW = -129' ifO,If1X�'NF{UF1KE0 COWAL NEW CHANNEL CVFRTOPPING G/SCHRP.GE ) XX ;F5 • i GVERT'GPPING ELE✓ATIGN XX FT ' f Nis' !65' ! t TIDALLY INFLUENCED CHANNEL ❑MTOWN OF PINE KNOLL SHORES MIMOSA BLVD � SHEET �� Kimley-Horn and Associates, Inc. CARTERET COUNTY, NC PROFILE i zq„ BRIDGE NO. 47 MIMOSA BLVD IMPACT 1 3 OF 4 Po»O%in ee. 33063 27Ag6 Roleigh, No- C-14, 27636 REPLACEMENT JULY 25, 2011 GRAPHIC SCALE 0 � (IN FEET) /INCH = l0 FT i -L- MIMOSA BLVD Ncarr sravaAW 3-a4R uErAt Rk aypi ZE KIMLEY—HORN AND ASSOCIATES CERTIFIES THAT THE TYPICAL SECTION SHOWN ON THIS SHEET FOR PROPOSED BRIDGE NO.47 (MIMOSA BOULEVARD BRIDGE) WAS DESIGNED WITH AASHTO STANDARDS. 4tN � ARo�'�,y . S EAL 12186 ►Jm❑Kimle -Horn TOWN OF PINE KNOLL SHORES MIMOSA BLVD SHEET and Associates, Inc. CARTERET COUNTY, NC TYPICAL CROSS SECTION 0'20" BRIDGE NO. 47 MIMOSA BLVD 4 OF 4 Pnkiph, North CaroIina ] °°"°". 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Authorization will terminate on either final agency action or upon written notification from either parties involved. Company Name: Kimley-Horn and Associates, Inc. Contact Name: Beth Reed, PWS Client Address: 100 Municipal Circle Pine Knoll Shores, NC 28512 Client Phone #: (252) 247-4353 Client Fax #: (252) 2474355 Client Email: manager(i�townofpks.com Adjacent Riparian Property Owner Notification Forms DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION FORM CERTIFIED MAIL - RETURN RECEIPT REQUESTED I hereby certify that I own property adjacent to Ti�t,an da� �;,.� L..,1 ' L bfe i_ IS (Name of Property Owner) property located at 1 3 ' A'I An oSa -600\k,VO4A (Address, Lot, Block, Road, etc.) on in 4b" Skate r��vd�� N.C. (Waterbody) (City/Town and/or County) Agent's phone #: IVlgilll ly NUUI CJJ. I-le/She has described to me as shown below the development he/she is proposing at that location, and I have no objections to the proposal. --------------------------------------------------------------------------------------------------------------------- DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (Individual proposing development must fill in description below or attach a site drawing) If you have objections to what is being proposed, you must notify the Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Contact information for DCM offices is available at www.nccoastalmangement.neticontact—dcm.htm or by calling 1-888-4RCOAST. No response is considered the same as no objection if you have been notified by Certified Mail. (Property Owner nformation) Print or loor�- Mailing,Address City/State2ip (S ) a -J-4-- L4 Telephone Number Date (Ripari�p-Pjo6erty Owner Information) Signatu %, k -V V- A 0 EA^ Print or Type Name J Mailing Address City/State/Zip Telephone Number 71/il Date DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION FORM CERTIFIED MAIL - RETURN RECEIPT REQUESTED I hereby certify that I own property adjacent to �A„u 11 S`,,\ o ce_S 's n (Name of Property Owner) property located at a�.� Sa\-� �a�_ ��4� (Address, Lot, Block, Road, etc.) on�nti 4^�b�\ S�oSe�L lJ7a�ecui�' ,�, �_ �,�.oi� Slnor�lL N.C. (Waterbody) ���1 (City/Town and/or County) Agent's Name #: Mailing Address: Agent's phone #: He/She has described to me as shown below the development he/she is proposing at that location, and I have no objections to the proposal. --------------------------------------------------------------------------------------------------------------------- DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (individual proposing development must fill in description below or attach a site drawing) If you have objections to what is being proposed, you must notify the Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Contact information for DCM offices is available at www.nccoastalmangementneticontact—dcm.htm or by calling 1-888-4RCOAST. No response is considered the same as no objection if you have been notified by Certified Mail. (Property Owper Information) Print or Ive Name PC) Muv\, Dai G f c—,LL Mailing Address V-�-,L\A , o t- a4� S 1:�-- City/State/Zip Telephone Number 2-011 Date Riparian Property Owner Information) Signature Print or Type Name Mailing Address ;�'IN4 Cv\bA o� , iJ f- a.6S\a City/State/Zip Telephone Number Date DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION FORM CERTIFIED MAIL - RETURN RECEIPT REQUESTED I hereby certify that I own property adjacent to 's Name of Property Owner) property located at �)\a� (Address, Lot, Block, Road, etc.) on S1.vre S Cr,��re� C��}i.C. (Waterbody) (City/Town and/or County) Agent's Name #: Agent's phone #: Mailing Address: He/She has described to me as shown below the development he/she is proposing at that location, and I have no objections to the proposal. --------------------------------------------------------------------------------------------------------------------- DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (Individual proposing development must fill in description below or attach a site drawing) If you have objections to what is being proposed, you must notify the Division of Coastal Management (DCM) In writing within 10 days of receipt of this notice. Contact information for DCM offices is available at www.nccoastalmangement.neUcontact dcm.htm or by calling 1-888-4RCOAST. No response is considered the same as no objection if you have been notified by Certified Mail. (Pro erty O ner Information) (.tt ni'al Print or TVAe Name Mailing Address City/State2ip C—as �0 --Z 4 y 3 S 3 Telephone Number Date / (Riparian Property Owner Information) Signat re Print Type Name Mailing Address City/StatWZip .797)�Z el�ne Number -;7 Date ■ Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery Is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: I �� A. SSatu ❑Agent ❑ Addressee B. Rece(v by (Printed Name) rDate of Delivery D. Is delivery address different from item i? ❑ Yes If YES, enter delivery address below: ❑ No �ic Type Mail 11Express Mall stered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) 2. AlicleNumber 7011 0470 0003 4359 0572 (Transfer from service laben PS Form 3811, February 2004 Domestic Return Receipt ❑ Yes 102595-02-M-1540 USPS.com® - Track & Confirm Customer Service USPS Mobile USPS. ,; Quick Tools Ship a Package Track & Confirm You entered: 70110470000343590572 Page 1 of 1 Registers Sign In Search USPS.corn or Track Packages Send Mail Manage Your Mail Shop Business Solutions Status: Delivered Your item was delivered at 3:20 pm on August 01, 2011 in MOREHEAD CITY, NC 28557. Additional information for this item Is stored in files offline. Additional Information for this item is stored in riles offline. You may request that the additional Information be retrieved from the archives, and that we send you an e-mail when this retrieval is complete. Requests to retrieve additional information are generally processed within four hours. This information will remain online for 30 days. I would like to receive notification on this request Find Another Item What's your label (or receipt) number? LEGAL Privacy Policy > Terms of Use > FOIA > No FEAR Act EEO Data OTHER USPS SITES Business Customer Gateway > Posta: Inspectors Inspector General > Posta; Exotorer, > Copyrighir+) 2011 USPS. All Rights Reserved ON USPS.COM Government Services > Buy Stamps & Shop) Print a Label with Postage', Customer Service > Site Index > ON ABOUT.USPS.COM About USPS Home > Newsroom > Mail Se -v ce Updates > Forms & Publications > Careers > https:Htools.usps.com/go/TrackConfirmAction.action 9/23/2011 Approved Notification of Jurisdictional Determination i U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. 20101965 County: Carteret U.S.G.S. Quad: NC -Mansfield NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner/Agent: Kimley-Horn and Associates Inc. Attn:Beth Reed P.W.S. Address: 3001 Weston Parkway Cary, North Carolina 27513 Telephone No.: 919-677-2073 Property description: Size (acres) 0.5 acres Nearest Town Pine Knoll Shores Nearest Waterway Bogue Sound River Basin White Oak USGS HUC 0320106 Coordinates N 34.4147 W -76.4838 Location description Bridge 47 over Pine Knoll Shores Waterway, near Pine Knoll Shores, Carteret County, North Carolina Indicate Which of the Following Apply: A. Preliminary Determination _ Based on preliminary information, there may be 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). B. Approved Determination X There are Navigable Waters of the United States within the above described project area 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. There are wetlands on the above described property 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. _ The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on . 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. _ 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 Morehead City, NC, at (252) 808-2808 to determine their requirements. Page 1 of 2 Action ID: Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Tom Steffens at 910-251-4615. C. Basis For Determination This waterbody exhibits an Ordinary High Water Mark as indicated by changes In soil character and absence of terrestrial vegetation and is hvdrologically connected to Bogue Sound. a traditionally navigable water.. D. Remarks E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: District Engineer, Wilmington Regulatory Division Attn:Tom Steffens, Project Manager, Washington Regulatory Field Office Post Office Box 1000 Washington, North Carolina 27889 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the District Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by 02/16/2011. **It is not necessary to submit an RFA form to the District Office if you do not object to the determination in this correspondence.* Corps Regulatory Official: Date 12/16/2010 Expiration Date 12/16/2015 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at our website at hM://rep-ulatory.usacesLtrvey.com/ to complete the survey online. Copy furnished: RG W Page 2 of 2 APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook. SECTION 1: BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): 12/16/2010 B. DISTRICT OFFICE, FILE NAME, AND NUMBER:CESAW-RG-W; NCDOTB-5001Bridge 47/Pine Knoll Waterway; SAW- 2010- 01965 C. PROJECT LOCATION AND BACKGROUND INFORMATION: Bridge 47 over Pine Knoll Waterway, near Pine Knoll Shores, Carteret County, North Carolina State:NC County/parish/borough: Carteret City: Pine Knoll Shores Center coordinates of site (lat/long in degree decimal format): Lat 34.4147° N, Long. -76.4838' . Universal Transverse Mercator: Name of nearest waterbody: Bogue Sound Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Bogue Sound Name of watershed or Hydrologic Unit Code (HUC): Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a different JD form. D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): Office (Desk) Determination. Date: Field Determination. Date(s): 08/23/2010 SECTION H: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There >� "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review area. [Required] Waters subject to the ebb and flow of the tide. Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. Explain: Bogue Sound has traditionally been used for recreational and commercial interstate commerce. B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required] 1. Waters of the U.S. a. Indicate presence of waters of U.S. in review area (check all that apply): ' [ TNWs, including territorial seas Wetlands adjacent to TNWs Relatively permanent waters (RPWs) that flow directly or indirectly into TNWs T, Non-RPWs that flow directly or indirectly into TNWs Wetlands directly abutting RPWs that flow directly or indirectly into TNWs LU Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs t Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs Impoundments of jurisdictional waters ? Isolated (interstate or intrastate) waters, including isolated wetlands b. Identify (estimate) size of waters of the U.S. in the review area: Non -wetland waters: 1001inear feet: width (ft) and/or acres. Wetlands: acres. e. Limits (boundaries) of jurisdiction based on: Elevation of established OHWM (if known): 2. Non-regulated waters/wetlands (check if applicable):3 Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional. Explain: Boxes checked below shall be supported by completing the appropriate sections in Section III below. ' For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally" (e.g., typically 3 months). 'Supporting documentation is presented in Section III.F. SECTION III: CWA ANALYSIS A. TNWs AND WETLANDS ADJACENT TO TNWs The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete Section III.A.1 and Section M.D.I. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2 and Section IH.D.1.; otherwise, see Section IH.B below. 1. TNW Identify TNW: Bogue Sound/Pine Knoll waterway. Summarize rationale supporting determination: Bogue Sound / Pine Knoll Waterway has traditionally been used for recreational and commercial interstate commerce. 2. Wetland adjacent to TNW Summarize rationale supporting conclusion that wetland is "adjacent": B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY): This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps determine whether or not the standards for jurisdiction established under Rapanos have been met. The agencies will assert jurisdiction over non -navigable tributaries of TNWs where the tributaries are "relatively permanent waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3 months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round (perennial) flow, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section HI.D.4. A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and EPA regions will include in the record any available information that documents the existence of a significant nexus between a relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even though a significant nexus finding is not required as a matter of law. If the waterbody° is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.I for the tributary, Section III.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite and offsite. The determination whether a significant nexus exists is determined in Section III.0 below. 1. Characteristics of non-TNWs that flow directly or indirectly into TNW (i) General Area Conditions: Watershed size: Ic i Drainage area: it s c d t Average annual rainfall: inches Average annual snowfall: inches (ii) Physical Characteristics: (a) Relationship with TNW: ❑ Tributary flows directly into TNW. ❑ Tributary flows through P e a i'$A tributaries before entering TNW. Project waters are Pelt ,' river miles from TNW. Project waters are 'i' > i river miles from RPW. Project waters are °s,. aerial (straight) miles from TNW. Project waters are )Pte Is aerial (straight) miles from RPW. Project waters cross or serve as state boundaries. Explain: Identify flow route to TNW5: Tributary stream order, if known: `Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and West. s Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW. (b) General Tributary Characteristics (check all that apply): Tributary is: ❑ Natural ❑ Artificial (man-made). Explain: ❑ Manipulated (man -altered). Explain: Tributary properties with respect to top of bank (estimate): Average width: feet Average depth: feet Average side slopes:•ictMM Primary tributary substrate composition (check all that apply): ❑ Silts ❑ Sands ❑ Concrete ❑ Cobbles ❑ Gravel ❑ Muck ❑ Bedrock ❑ Vegetation. Type/0/6 cover: ❑ Other. Explain: Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain: Presence of run/riffle/pool complexes. Explain: Tributary geometry: PEigk est Tributary gradient (approximate average slope): % (c) Flow: Tributary provides for: is OR Estimate average number of flow events in review area/yew: Describe flow regime: Other information on duration and volume: Surface flow is: KN E Characteristics: Subsurface flow: k3iFkW Explain findings: ❑ Dye (or other) test performed: Tributary has (check all that apply): ❑ Bed and banks ❑ OHWM6 (check all indicators that apply): ❑ clear, natural line impressed on the bank ❑ ❑ changes in the character of soil ❑ ❑ shelving ❑ ❑ vegetation matted down, bent, or absent ❑ ❑ leaf litter disturbed or washed away ❑ ❑ sediment deposition ❑ ❑ water staining ❑ ❑ other (list): ❑ Discontinuous OHWM.7 Explain: the presence of litter and debris destruction of terrestrial vegetation the presence of wrack line sediment sorting scour multiple observed or predicted flow events abrupt change in plant community If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply): M= High Tide Line indicated by: Mean High Water Mark indicated by: ❑ oil or scum line along shore objects ❑ survey to available datum; ❑ fine shell or debris deposits (foreshore) ❑ physical markings; ❑ physical markings/characteristics ❑ vegetation lines/changes in vegetation types. ❑ tidal gauges ❑ other (list): (iii) Chemical Characteristics: Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.). Explain: Identify specific pollutants, if known: 6A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g , where the stream temporarily flows underground, or where the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break. 'Ibid. Qv) Biological Characteristics. Channel supports (check all that apply): ❑ Riparian corridor. Characteristics (type, average width): ❑ Wetland fringe. Characteristics: ❑ Habitat for: ❑ Federally Listed species. Explain findings: ❑ Fish/spawn areas. Explain findings: ❑ Other environmentally -sensitive species. Explain findings: ❑ Aquatic/wildlife diversity. Explain findings: 2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW (i) Physical Characteristics: (a) General Wetland Characteristics: Properties: Wetland size: acres Wetland type. Explain: Wetland quality. Explain: Project wetlands cross or serve as state boundaries. Explain: (b) General Flow Relationship with Non-TNW: Flow is: Nn. Explain: Surface flow is: Pier Est Characteristics: Subsurface flow: P�.ic)is. Explain findings: ❑ Dye (or other) test performed: (c) Wetland Adiacency Determination with Non-TNW: ❑ Directly abutting ❑ Not directly abutting ❑ Discrete wetland hydrologic connection. Explain: ❑ Ecological connection. Explain: ❑ Separated by berm/barrier, Explain: (d) Proximity (Relatignghip) to TNW Project wetlands are ' river miles from TNW. Project waters are a 'st aerial (straight) miles from TNW. Flow is from: vic w Estimate approximate location of wetland as within the ; c floodplain. (ii) Chemical Characteristics: Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed characteristics; etc.). Explain: Identify specific pollutants, if known: (iii) Biological Characteristics. Wetland supports (check all that apply): ❑ Riparian buffer. Characteristics (type, average width): ❑ Vegetation type/percent cover. Explain: ❑ Habitat for: ❑ Federally Listed species. Explain findings: ❑ Fish/spawn areas. Explain findings: ❑ Other environmentally -sensitive species. Explain findings: ❑ Aquatic/wildlife diversity. Explain findings: 3. Characteristics of all wetlands adjacent to the tributary (if anyvtiy All wetland(s) being considered in the cumulative analysis: Br�ckisi Approximately ( ) acres in total are being considered in the cumulative analysis. For each wetland, specify the following: Directly abuts? (X/N) Size (in acres) Directly abuts? (Y/N) Size (in acres) Summarize overall biological, chemical and physical functions being performed: C. SIGNIFICANT NEXUS DETERMINATION A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW. Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or outside of a floodplain is not solely determinative of significant nexus. Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and discussed in the Instructional Guidebook Factors to consider include, for example: • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW? • Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW? • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that support downstream foodwebs? • Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or biological integrity of the TNW? Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented below: 1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D: 2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section 11I.13: Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section IIID: D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL THAT APPLY): 1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area: TNWs: linear feet width (ft), Or, acres. MWetlands adjacent to TNWs: acres. 2. RPWs that flow directly or indirectly into TNWs. Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that tributary is perennial: sx Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows seasonally: Provide estimates for jurisdictional waters in the review area (check all that apply): M Tributary waters: linear feet width (ft). Other non -wetland waters: acres. Identify type(s) of waters: 3. Non-RPWss that flow directly or indirectly into TNWs. Jffl Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a TNW is jurisdictional. Data supporting this conclusion is provided at Section HI.C. Provide estimates for jurisdictional waters within the review area (check all that apply): M Tributary waters: linear feet width (ft). Other non -wetland waters: acres. Identify type(s) of waters: Wetlands directly abutting an RPW that flow directly or indirectly into TNWs. Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands. Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is seasonal in Section III.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Provide acreage estimates for jurisdictional wetlands in the review area: acres. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs. Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictionat. Data supporting this conclusion is provided at Section III.C. Provide acreage estimates for jurisdictional wetlands in the review area: acres. 6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs. Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional wetlands in the review area: acres. 7. Impoundments of jurisdictional waters.' As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional. Demonstrate that impoundment was created from "waters of the U.S.," or Demonstrate that water meets the criteria for one of the categories presented above (1-6), or Q Demonstrate that water is isolated with a nexus to commerce (see E below). E. ISOLATED [INTERSTATE OR INTRA -STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE, DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY SUCH WATERS (CHECK ALL THAT APPLY):i0 Q which are or could be used by interstate or foreign travelers for recreational or other purposes. from which fish or shellfish are or could be taken and sold in interstate or foreign commerce. dwhich are or could be used for industrial purposes by industries in interstate commerce. .0 Interstate isolated waters. Explain: Other factors. Explain: Identify water body and summarize rationale supporting determination: `See Footnote # 3. To complete the analysis refer to the key in Section IILD.6 of the Instructional Guidebook, 10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanox Provide estimates for jurisdictional waters in the review area (check all that apply): Tributary waters: linear feet width (ft). Other non -wetland waters: acres. Identify type(s) of waters: Wetlands: acres. NON4URISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY): If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers Wetland Delineation Manual and/or appropriate Regional Supplements. Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce. ❑ Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based so, Lely on the "Migratory Bird Rule" (MBR). Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain: Other: (explain, if not covered above): Provide acreage estimates for non -jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional judgment (check all that apply): Non -wetland waters (i.e., rivers, streams): linear feet width (ft). Lakes/ponds: acres. Other non -wetland waters: acres. List type of aquatic resource: Wetlands: acres. Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction (check all that apply): Non -wetland waters (i.e., rivers, streams): linear feet, width (ft). Lakes/ponds: acres. Other non -wetland waters: acres. List type of aquatic resource: Wetlands: acres. SECTION IV: DATA SOURCES. A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked and requested, appropriately reference sources below): Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant:Kimley-Hom and associates, Inc.. Data sheets prepared/submitted by or on behalf of the applicant/consultant. ® Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. t Data sheets prepared by the Corps: Corps navigable waters' study: U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ® USGS 8 and 12 digit HUC maps. j U.S. Geological Survey map(s). Cite scale & quad name: 1:24K NC -Mansfield. USDA Natural Resources Conservation Service Soil Survey. Citation:Carteret County. [� National wetlands inventory map(s). Cite name: State/Local wetland inventory map(s): FEMA/FIRM maps: 100 -year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) Photographs: ® Aerial (Name & Date):Google Earth 2010. or ❑ Other (Name & Date): Previous determination(s). File no. and date of response letter: Applicable/supporting case law: Applicable/supporting scientific literature: Other information (please specify):Site visit 08/23/2010. B. ADDITIONAL COMMENTS TO SUPPORT JD: Applicant: Beth Reed;Kimley-Horn/ File Number: SAW -2010- Date: 12/16/2010 NCDOT/ Town of Pine Knoll Shores 101965 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 DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E .s.O '.V'. 1•l 3 t A: INITIAL PROFFERED PERMIT: 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. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide 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 II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. NO Ig REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. If you have questions regarding this decision If you only have questions regarding the appeal process you and/or the appeal process you may contact: may also contact: US Army Corps of Engineers Mr. Mike Bell, Administrative Appeal Review Officer Attn: Tom Steffens CESAD-ET-CO-R Post Office Box 1000 U.S. Army Corps of Engineers, South Atlantic Division Washington, North Carolina 27889 ,� 60 Forsyth Street, Room 9M15 (910)-251-4615 Atlanta, Georgia 30303-8801 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits and approved Jurisdictional Determinations send this form to: District Engineer, Wilmington Regulatory Division, Attn:Tom Steffens, Project Manager, Washington Regulatory Field Office, Post Office Box 1000, Washington, North Carolina 27889 For Permit denials and Proffered Permits send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Mike Bell, Administrative Appeal Officer, CESAD-ET-CO-R, 60 Forsyth Street, Room 9M15, Atlanta, Georgia 30303-8801 Categorical Exclusion Action Classification Form (Signed) Carteret County Bridge No. 47 on Mimosa Boulevard over Pine moll Waterway Federal Aid Project No. BRZ-0299(6) WBS No. 41104.1.1 ' TIP No. B-5001 CATEGORICAL EXCLUSION UNITED STATES DEPARTMENT OF TRANSPORTATION FEDERAL HIGHWAY ADMINISTRATION AND NORTH CAROLINA DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS -01 DA �regory J. Thorpe, PhD Environmental Management Director Project Development and Environmental Analysis Branch DATL Aolfn F. Sulrivan, lli Division Administrator Federal Highway Administration Carteret County Bridge No. 47 on Mimosa Boulevard over Pine Knoll Waterway Federal Aid Project No. BRZ-0299(6) WBS No. 41104.1.1 TIP No. B-500.1 CATEGORICAL EXCLUSION Documentation Prepared by Kimley-Horn and Associates, Inc. For the Town of Pine Knoll Shores t /171 EfATE Mere&h H. Van Duyn, PE Project Engineer Kinney -Horn and Associates, Inc. ATE Mat ie S. es�, PE, AVS Project Manager Kimley-Horn and Associates, Inc. DATE Brig J. Kramer Town'OlPine Knoll Shores PROJECT COMMITMENTS: Carteret County Bridge No. 47 on Mimosa Boulevard Over Pine Knoll Waterway Federal Aid Project No. BRZ-0299(6) WBS No. 41104.1.1 ' TIP No. B-5001 Town of Pine Knoll Shores — Offsite Detour In order to have time to adequately reroute school buses, Carteret County Schools will be contacted [(252) 728-4583] at least one month prior to road closure. Carteret County Emergency Services [(252) 728-8470] and the Town of Pine Knoll Shores Public Safety Department [(252) 247-2268] will be contacted at least one month prior to road closure to make the necessary temporary reassignments to primary response units. Town of Pine Knoll Shores — Natural Resources The Town will adhere to Guidelines for Avoiding Impacts to the West Indian Manatee: Precautionary Measures for Construction Activities in North Carolina Waters for this project. The Pine Knoll Waterway is not identified by NCDMF as anadromous fish waters or as a primary nursery area. However, because the proposed project involves widening the existing channel and potential increases in turbidity, the NCDMF may require a construction moratorium. The construction moratorium for activities within coastal waters extends from April 1 to September 30 as a condition of Section 404/401 permits from the US Army Corps of Engineers and North Carolina Division of Water Quality (respectively). Further coordination with NCDMF will be necessary once specific turbidity control measures and the season of the year for construction have been determined. Green Sheet Page 1 of 1 B-5001 Categorical Exclusion May 2011 Carteret County Bridge No. 47 on Mimosa .Boulevard over Pine Knoll Waterway Federal Aid Project No. BRZ-0299(6) WBS No. 41104. 1.1 TIP No. B-5001 INTRODUCTION: Bridge No. 47 is included in the 2009-2015 North Carolina Department of Transportation (NCDOT) State Transportation Improvement Program (TIP) and is eligible for the Federal -Aid Highway Bridge Program. The location, topography, and aerial mapping are shown in Figures 1., 2, and 3. No substantial environmental impacts are anticipated. The project is classified as a Federal Categorical Exclusion. I. PURPOSE AND NEED STATEMENT NCDOT Bridge Management Unit records (Bridge Inspection Report, February 26, 2010) indicate Bridge No. 47 has a sufficiency rating of 47.1 out of a possible 100 for a new structure. The bridge is considered structurally deficient due to its structural condition of 2 out of 9 according to Federal Highway Administration (FHWA) standards and therefore is eligible for FHWA's Highway Bridge Program. Bridge No. 47 was built in 1972 and has a timber substructure (piles and bulkheads) with reinforced concrete caps and a prestressed concrete superstructure. It was designed for H-10 loading. The posted weight limit on the bridge is 30 tons for single vehicles and 34 tons for truck -tractor semi -trailers. Rehabilitation of a timber structure is generally practical only when a few members are damaged or prematurely deteriorated. However, past a certain degree of deterioration, timber structures become impractical to maintain and upon eligibility are programmed for replacement. Components of the concrete superstructure are also deteriorating. Bridge No. 47 is approaching the end of its useful life. Replacement of the bridge will result in safer traffic operations. The proposed replacement bridge design is included in Figure 4, and the roadway and bridge typical sections are included in Figure 5. When local development of this area began in the 1970's, a canal was dug to drain the low- lying properties and facilitate construction of a new residential neighborhood. Mimosa Boulevard and Oakleaf Drive were built to serve as the access routes over the canal (the Pine Knoll Waterway) and into the neighborhood. The original canal has taken on a new purpose, serving as a recreational facility for many local residents and providing a route for boat traffic into and from Bogue Sound. Currently, this waterway narrows at Mimosa Boulevard, allowing for only one-way boat traffic. The Town plans to widen the waterway at the same time as the bridge and bulkhead replacement. It. EXISTING CONDITIONS The project is located within the municipal limits of the Town of Pine Knoll Shores in Carteret County, approximately 0.1 -mile north of the intersection of Mimosa Boulevard and NC 58 (Salter Path Road). Development in the area is residential. Mimosa Boulevard is classified as an urban local collector, and it is not a National Highway System Route. In the vicinity bf the bridge, Mimosa Boulevard is 24 feet wide, consisting of two 12 -foot travel lanes with curb (no gutters), shown in photos in Figure 6. The bottom of the existing bridge structure is approximately 20 feet above the streambed and 15 feet above the water surface. Bridge No. 47 is a one -span structure that consists of a precast, prestressed concrete channel with an asphalt -wearing surface. The end bents consist of reinforced concrete caps on timber piles with timber bulkheads. The overall length of the structure is 31 feet. The clear roadway width is 24.0 feet. There are overhead power lines and other utilities attached to the east and west sides of the existing structure. Utility impacts are anticipated to be high. The average daily traffic volume listed on the Bridge Inspection Report of 560 vehicles per day (VPD) in 1980 includes 7% truck traffic. Current traffic counts are not available. Traffic for the year 2025 is expected to increase to 1,120 VPD. The posted speed limit is 25 miles per hour in the project area. Several public school buses cross the bridge daily on their morning and afternoon routes. This section of Mimosa Boulevard is not part of a designated bicycle route, and there are no sidewalks near the bridge. However, Pine Knoll Shores is a popular site for tourists in the summer, given its location at the beach. Mimosa Boulevard is the primary access to the beach (across Salter Path Road) for this neighborhood. Many permanent / year-round residents also live in this neighborhood, and pedestrians were observed during a site visit on January 28, 2010. The Town of Pine Knoll Shores has requested a temporary pedestrian bridge be built for beach access during construction. 1I1. ALTERNATIVES A. Project Description The replacement structure will consist of a bridge approximately 50 feet long. The bridge length is based on preliminary design information and acconunodates widening of the Pine Knoll Waterway. The bridge will be of sufficient width to provide for two 12 -foot lanes with curb and gutter and 5 -foot sidewalks on each side. The roadway grade of the new structure will be approximately the same as the existing grade. B-5001 Categorical Exclusion B. Reasonable and Feasible Alternatives One build alternative for replacing Bridge No. 47 was studied in detail and is described below. Alternate 1 (Preferred) Alternate 1 'involves replacement of the structure along the existing roadway alignment. Improvements to the approach roadways will be required for a distance of approximately 200 feet to the north and 270 feet to the south of the new structure to tie the proposed pavement improvements to the existing roadway. This alternate will be designed using 3R guidelines with a design speed of 30 miles per hour. Traffic will be detoured offsite (see Figure 1.) during the construction period. NCDOT Cmidelines for Evaluation of Offsite Detours for Bridge Replacement Projects considers multiple project variables beginning with the additional time traveled by the average road user resulting from the offsite detour. The offsite detour for this project would include NC 58 (Salter Path Road), Cedar Road, Oakleaf Drive, and Hawthorne Drive. The detour for the average motorist would result in a maximum of four minutes of additional travel time (1.8 miles of additional travel). The duration of construction is expected to be 18 months on this project. Based on the Guidelines, the criteria above indicate that on the basis of delay along the detour is acceptable. The proposed improvements also include the replacement of the seawalls as well as a widening of the Pine Knoll Waterway to approximately 33 feet (8 feet on each side of the canal). The widening of the waterway will be accomplished by constructing new seawalls behind the existing seawall, leaving the existing seawalls intact during construction. The upland area between the new and existing seawall will be excavated down to the elevation of the current channel prior to the removal of the existing seawall. No dredging of the Pine Knoll Waterway will be required as part of the channel widening. C. Alternatives Eliminated From Further Consideration The "do-nothing" alternative will eventually necessitate closure of the bridge. This is not acceptable due to the traffic service provided by Bridge No. 47. Prior maintenance on Bridge No. 47 includes repair to the spalled areas of concrete with exposed reinforcements, repair of decayed areas in the timber wingwall piles, and patching of the prestressed concrete channel beams. Rehabilitation of the old bridge is not practical due to its deteriorated condition, including the following elements listed in the Bridge Inspection Report: • The asphalt overlay has light wear and ravel. The bridge rails have minor scaling and moss stains throughout. Cracks and delamination present on the bridge posts. There is a full width transverse crack in the roadway surface located at each end bent. B-5001 Categorical Exclusion • Cracks, spalling, and exposed rebar in End Bents 1 and 2. • Loss of bearing on timber piles. • Hairline cracks and minor vertical gaps present along the wingwalls and bulkheads. Areas of rot on each. • Spalling, delamination, and exposed rebar are present on north and south bulkheads. Staged construction is not feasible for this bridge because the structure will not support the removal of a portion and maintenance of traffic on the remaining portion. A new alignment is not recommended due to potential impacts to nearby residences. An on- site detour for vehicle traffic is not recommended for this location because of potential impacts to nearby residences and the availability of an acceptable off-site detour. D. Preferred Alternative Bridge No. 47 will be replaced at the existing location as shown by Alternative 1 in Figure 4. IV. ESTIMATED COSTS The estimated costs, based on 2010 prices, are as follows in Table 1: Table 1. Estimated Project Costs The full cost of widening the waterway and relocating the seawall will be paid by the Town. The cost of the remainder of the project will be funded by FHWA (80%) and the Town (20%). V. NATURAL ENVIRONMENT Physical Characteristics Water Resources Water resources in the project area (listed in Table 2) are part of the White Oak River basin (US Geological Survey Hydrologic Unit 03020106). The Pine Knoll Waterway is an approximate 1.8 -mile man-made canal that begins and ends with confluences in the Bogue Sound. The project area is located near the middle of the two confluences. The project area drains to Bogue Sound, which discharges to the Atlantic Ocean. The physical characteristics of this water resource are provided in Table 3. B-5001 Categorical .Exclusion 4 Alternative 1 Preferred Construction Cost $ 550,000 Public Utility Relocation Costs S 125,000 Environmental Mitigation Costs $ 11,000 Total Project Cost $ 686,000 The full cost of widening the waterway and relocating the seawall will be paid by the Town. The cost of the remainder of the project will be funded by FHWA (80%) and the Town (20%). V. NATURAL ENVIRONMENT Physical Characteristics Water Resources Water resources in the project area (listed in Table 2) are part of the White Oak River basin (US Geological Survey Hydrologic Unit 03020106). The Pine Knoll Waterway is an approximate 1.8 -mile man-made canal that begins and ends with confluences in the Bogue Sound. The project area is located near the middle of the two confluences. The project area drains to Bogue Sound, which discharges to the Atlantic Ocean. The physical characteristics of this water resource are provided in Table 3. B-5001 Categorical .Exclusion 4 Table 2. Water Resources Stream Name Map ID DWQ Index Number Best Usage Classification Pine Knoll Waterway Pine Knoll Waterway 20-36-(8.5) SA; H W Ta6le'3. Physical Characteristics of Water .Resources The North Carolina Division of Water Quality (NCDWQ) classifies surface waters of the state based on their intended best uses. The section of Bogue Sound that is hydrologically connected to the Pine Knoll Waterway is classified by NCDWQ as "SA" waters. In accordance with Section 303(d) of the Clean Water Act, states are required to develop a list of waterbodies not meeting federal water quality standards or that have impaired uses. The NCDWQ 2010 Final 303(d) list of impaired waters identifies the .Bogue Sound within the vicinity of the project as a prohibited shellfish harvesting area. The Pine Knoll Waterway and the reach of the Bogue Sound near the project are classified as "Coastal Waters," managed jointly by the North Carolina Division of Marine Fisheries (NCDMF) and North Carolina Department of Environment and Natural Resources (NCDENR). The NCDMF does not classify the Pine Knoll Waterway as an anadromous fish spawning area or a primary nursery area. The reach of the Bogue Sound in the vicinity of the project, including the Pine Knoll Waterway, is designated as High Quality Waters by NCDWQ. No Outstanding Resource Waters (ORW) are found within the project vicinity; however, the Theodore Roosevelt Natural Area, located approximately 0.5 mile west of the project is designated as an ORW. No Water Supply Watersheds (WS -I or WS -II) occur within the project area or within 1.0 mile downstream of the project. The Ambient Monitoring System (AMS) is a network of stream, lake, and estuarine water quality monitoring stations strategically located for the collection of physical and chemical water data. There are no AMS stations within one mile of the project. B-5001 Categorical Exclusion Bank Water Map ID Height Bankfull Depth Channel Velocity Claritv ft Width (ft) (ft)Substrate Pine Knoll Existing Waterway Seawall 15-17 5-6 Sand Slow Clear The North Carolina Division of Water Quality (NCDWQ) classifies surface waters of the state based on their intended best uses. The section of Bogue Sound that is hydrologically connected to the Pine Knoll Waterway is classified by NCDWQ as "SA" waters. In accordance with Section 303(d) of the Clean Water Act, states are required to develop a list of waterbodies not meeting federal water quality standards or that have impaired uses. The NCDWQ 2010 Final 303(d) list of impaired waters identifies the .Bogue Sound within the vicinity of the project as a prohibited shellfish harvesting area. The Pine Knoll Waterway and the reach of the Bogue Sound near the project are classified as "Coastal Waters," managed jointly by the North Carolina Division of Marine Fisheries (NCDMF) and North Carolina Department of Environment and Natural Resources (NCDENR). The NCDMF does not classify the Pine Knoll Waterway as an anadromous fish spawning area or a primary nursery area. The reach of the Bogue Sound in the vicinity of the project, including the Pine Knoll Waterway, is designated as High Quality Waters by NCDWQ. No Outstanding Resource Waters (ORW) are found within the project vicinity; however, the Theodore Roosevelt Natural Area, located approximately 0.5 mile west of the project is designated as an ORW. No Water Supply Watersheds (WS -I or WS -II) occur within the project area or within 1.0 mile downstream of the project. The Ambient Monitoring System (AMS) is a network of stream, lake, and estuarine water quality monitoring stations strategically located for the collection of physical and chemical water data. There are no AMS stations within one mile of the project. B-5001 Categorical Exclusion Biotic Resources A majority of the habitat in the project area is aquatic (Pine Knoll Waterway), and the adjacent terrestrial habitat consists of previously disturbed habitats located within existing NCDOT right-of-way. The only terrestrial community within the study area is maintained/disturbed (approximately 1.0 acre), which includes the regularly mowed grassy shoulders along Mimosa Boulevard, residential lawns, and the impervious surface of the road and bridge. 19e vegetation within these areas varies with different management regimes. Common species include centipede and Bermuda grasses within the existing right-of-way and residential lawns, and Atlantic white cedar, pampas grass, pennywort, and greenbrier adjacent to the existing seawalls underneath and next to the bridge. The terrestrial community in the study area may be impacted by project construction as a result of clearing, grading, and paving associated with the bridge replacement. The terrestrial community in the study area is comprised of disturbed habitats that may support wildlife species adapted to urban environments. Mammals that may be found in the project area include raccoon, eastern cottontail, Virginia opossum, gray squirrel, and cotton mouse. Birds that are commonly found in the project area include the cardinal, Carolina chickadee, mockingbird, robin, Carolina wren, eastern bluebird, blue jay, and American crow. Birds that commonly use the open water habitat of the Pine Knoll Waterway include the great blue heron, brown pelican, osprey, great egret, wood duck, and herring gull. Common reptiles and amphibians include the eastern garter snake, copperhead, black racer, five -lined skink, eastern mud turtle, eastern box turtle, yellowbelly slider, southern dusky salamander, Brimley's chorus frog, and spring peeper. The aquatic community in the study area consists of the Pine Knoll Waterway. This tidally influenced canal supports many of the macrobenthics, shellfish, and juvenile fish species known to occur in Bogue Sound. Species likely to occur in the canal include clams, oysters, bay scallops, juvenile shrimp, blue crab, juvenile spot, mullet, southern flounder, croakers, menhaden, and red drum. Oysters and bay scallops were observed along the seawalls of the canal. Jurisdictional Topics Surface Waters and Wetlands The Pine Knoll Waterway is the only jurisdictional feature identified in the study area. There are no jurisdictional wetlands within the project study area. Permits The following permits or coordination with regulatory agencies are anticipated for this project: Section 404 — Impacts to "Waters of the United States" (including wetlands, streams, and open waters that are connected to a navigable waterway) come under the jurisdiction of USAGE. Discharges of dredged or fill materials into the Pine Knoll Waterway B-5001 Categorical Exclusion 6 associated with the bridge replacement and channel widening project will require a Section 404 permit from the USACE. The Nationwide Permit (NWP) 23 (Approved Categorical Exclusions) may be used to authorize impacts to jurisdictional waters within the project study area. If the project impacts exceed the specified NWP thresholds, an Individual Section 404 permit will be required. Section 401 Water Quality Certification — A Section 401 Water Quality Certification from NC15WQ will be required for any activity that may result in a discharge into "Waters of the United States" or for which the issuance of a federal permit is required. Minor impacts may be authorized under a General Water Quality Certification. The General Water Quality Certification #3701 may be used to authorize impacts to jurisdictional waters within the project study area. If the project requires an Individual Section 404 permit, an Individual Section 401 Water Quality Certification will also be required. Coastal Area Management Act Areas of .Environmental Concern — Carteret County is listed as one of North Carolina's twenty coastal counties and is subject to regulation by NCDCM. Coastal Area Management Act (CAMA) Areas of Environmental Concern (AECs) were identified along the Pine Knoll Waterway in the study area. The Pine Knoll Waterway is a designated Public Trust Water. AECs include all lands within 75 feet of the normal high water level (NWL) of the waterway. This determination was confirmed during an agency field review on August 23, 2010. A CAMA pennit from NCDCM will be required for all impacts to designated AECs and coastal wetlands within the study area. Any impacts to AECs resulting from the proposed project will likely require a CAMA General or Minor Pennit. Construction Moratoria — The Pine Knoll Waterway is not identified by NCDMF as anadromous fish waters or as a primary nursery area. However, because the proposed project involves widening the existing channel and potential increases in turbidity, the NCDMF may require a construction moratorium. The construction moratorium for activities within coastal waters extends from April 1 to September 30 as a condition of the Section 404 and 401 permits from the USACE and NCDWQ. Further coordination with NCDMF will be necessary once specific turbidity control measures and the season of the year for construction have been determined. Rivers and Harbors Act Section 10 Navigable Waters — The Pine Knoll Waterway has been designated by the USACE as a Navigable Water under Section 10 of the Rivers and Harbors Act. The construction of structures that affect navigation within these waters requires additional USACE authorization, which is applied for using the same application submitted for USACE 404 approval. The USACE requires a Section 10 permit for the construction of any structure in, over, or under any "Navigable Water of the United States." Construction of bridges within navigable waters also requires US Coast Guard (USCG) approval under Section 9 of the Rivers and Harbors Act. This approval is obtained with a separate application submitted directly to the USCG. Minor impacts may be B-5001 Categorical Exclusion authorized under an expedited review process known as Advanced Approval, while major bridge projects are required to follow the standard permitting process. A Section 9 permit from the USCG will likely be required for the construction of the bridge across the .Pine Knoll Waterway. Final determination of permit applicability lies with the USACE and USCG. Federally Protected Species As of January 31, 2008 (database checked in August 2010), the US Fish and Wildlife Service lists thirteen federally protected species for Carteret County (Table 4). A brief description of each species' habitat requirements follows, along with the Biological Conclusion rendered based on survey results in the project area. Habitat requirements for each species are based on the current best available information per referenced literature and USFWS correspondence (included in the Appendix). Table 4. Federally protected species listed for Carteret County. Scientific Name Common Name Federal Status Habitat Present Biological Conclusion Alligator mississi iensis American alligator T(S/A) Yes Not Required Puma concolor cou uar Eastern puma (cougar)* E No No Effect Chelonia rn das Green sea turtle T Yes No Effect Le idochelys kem ii Kem 's ridley sea turtle E Yes No Effect Dermochel s coriacea Leatherback sea turtle E Yes No Effect Caretta caretta Loggerhead sea turtle T Yes No Effect Charadrius melodus Piping plover T No No Effect Picoides borealis Red -cockaded woodpecker E No No Effect Sterna dou allii douaallii Roseate tern T No No Effect Aci enser brevirostrum Shortnose sturgeon E No No Effect Trichechus manatus West Indian manatee E Yes MA-NLAA Lysimach.ia asperulaefolia Rough -leaved loosestrife E No No Effect Amaranthus pumilus Seabeach amaranth T No No Effect E — Endangered T — Threatened T(S/A) — Threatened due to similarity of appearance MA-NLAA — May Affect — Not Likely to Adversely Affect * - Obscure record (The date and/or location of the observation is uncertain.) American alligator In North Carolina, alligators have been recorded in nearly every coastal county and many inland counties to the fall line. The alligator is found in rivers, streams, canals, lakes, swamps, and coastal marshes. Adult animals are highly tolerant of salt water, B-5001 Categorical Exclusion but the young are apparently more sensitive, with salinities greater than 5 parts per thousand considered harmful. The American alligator remains on the protected species list due to its similarity in appearance to the Endangered American crocodile. Biological Conclusion: Not Required Species listed as threatened due to similarity of appearance do not require Section 7 consultation with the USFWS. Habitat for the American alligator is present within the'ptdject area within the Pine Knoll Waterway. A review of NCNHP database records, accessed 8/19/10, indicates documented American alligator occurrences within 1.0 mile of the project. Eastern cougar Records of eastern cougar occur across the state of North Carolina with most sightings in coastal swamps and the southern Appalachian Mountains. This nocturnal predator is found in large remote wilderness areas where there is an abundance of their primary food source, white-tailed deer. A cougar will usually occupy a range of 10 to 20 square miles, varying in size with age, sex, and food availability. Biological Conclusion: No Effect Suitable habitat for the eastern cougar does not exist within the project area. The project occurs in an urban setting with habitats comprised primarily of maintained grasses/lawns. A review of NCNHP database records, accessed 8/19/10, indicates no known eastern cougar occurrences within 1.0 mile of the project. Green sea turtle The green sea turtle is found in temperate and tropical oceans and seas. Nesting in North America is limited to small communities on the east coast of Florida requiring beaches with minimal disturbances and a sloping platform for nesting. (They do not nest in North Carolina.) The green sea turtle can be found in shallow waters. They are attracted to lagoons, reefs, bays, mangrove swamps, and inlets where an abundance of marine grasses can be found, as this is the principle food source for the green sea turtle. Biological Conclusion: No Effect Ocean beach habitat does not occur within the project area. Therefore, suitable nesting habitat for the green sea turtle does not exist within the project area. Sea turtles are known to forage in Bogue Sound during the waren summer months. Suitable foraging habitat for the green sea turtle does exist in the project area within the Pine Knoll Waterway. A review of NCNHP database records, accessed 8/19/10, indicates no known green sea turtle occurrences within 1.0 mile of the project. The proposed widening of the waterway will be accomplished by constructing new seawalls behind the existing seawalls, leaving the existing seawalls intact during construction. No dredging, channel realignment, or barging is proposed as part of the project construction. B-5001 Categorical Exclusion Kemp's ridley sea turtle Kemp's ridley sea turtle is the smallest of the sea turtles that visit North Carolina's coast, and'has been sighted in most coastal counties. While the majority of this sea turtle's nesting occurs in Mexico, the species is known to nest on North Carolina beaches infrequently. Sightings of the species exist for most coastal counties. Kemp's ridley sea turtles can lay eggs as many as three times during the April to June breeding season. Kemp's ridley sea turtles prefer beach sections that are backed up by bxtt✓nsive swamps or large bodies of open water having seasonal narrow ocean connections and a well defined elevated dune area. The species prefers neritic (nearshore) areas with sandy or muddy bottoms. Biological Conclusion: May Affect — No Effect Ocean beach habitat does not occur within the project area. Therefore, suitable nesting habitat for Kemp's ridley sea turtle does not exist within the project area. Sea turtles are known to forage in Bogue Sound during the warm summer months. Suitable foraging habitat for the Kemp's ridley sea turtle does exist in the project area within the Pine Knoll Waterway. A review of NCNHP database records, accessed 8/19/10, indicates no known Kemp's ridley sea turtle occurrences within 1.0 mile of the project. The proposed widening of the waterway will be accomplished by constructing new seawalls behind the existing seawalls, leaving the existing seawalls - intact during construction. No dredging, channel realignment, or barging is proposed as part of the project construction. Leatherback sea turtle Leatherbacks are distributed world-wide in tropical waters of the Atlantic, Pacific, and Indian oceans. They are generally open ocean species, and may be common off the North Carolina coast during certain times of the year. However, in northern waters leatherbacks are reported to enter into bays, estuaries, and other inland bodies of water. Major nesting areas occur mainly in tropical regions. In the United States, primary nesting areas are in Florida. However, nests are known from Georgia, South Carolina, and North Carolina as well. Nesting occurs from April to August. Leatherbacks need sandy beaches backed with vegetation in the proximity of deep water and generally with rough seas. Beaches with a relatively steep slope are usually preferred. Biological Conclusion. No Effect Ocean beach habitat does not occur within the project area; therefore, suitable nesting habitat for the leatherback sea turtle does not exist within the project area. Sea turtles are known to forage in Bogue Sound during the warm summer months. Suitable foraging habitat for the leatherback sea turtle does exist in the project area within the Pine Knoll Waterway. A review of NCNHP database records, accessed 8/19/10, indicates no known leatherback sea turtle occurrences within 1.0 mile of the project. The proposed widening of the waterway will be accomplished by constructing new seawalls behind the existing seawalls, leaving the existing seawalls intact during construction. No dredging, channel realignment, or barging is proposed as part of the project construction. B-5001 Categorical Exclusion 10 Loggerhead sea turtle The loggerhead is widely distributed within its range, and is found in three distinct habitats during their lives. These turtles may be found hundreds of miles out in the open ocean, in neritic (nearshore) areas, or on coastal beaches. In North Carolina, this species has been observed in every coastal county. Loggerheads occasionally nest on North Carolina beaches, and are the most common of all the sea turtles that visit the North Carolina coast. They nest nocturnally, at two or three year intervals, between May and September, on isolated beaches that are characterized by fine- grained sediments. In nearshore areas, loggerheads have been observed in bays, lagoons, salt marshes, creeks, ship channels, and the mouths of large rivers. Coral reefs, rocky places, and shipwrecks are often used as foraging areas. Biological Conclusion: No Effect Ocean beach habitat does not occur within the project area. Therefore, suitable nesting habitat for the loggerhead sea turtle does not exist within the project area. Sea turtles are known to forage in Bogue Sound during the warm summer months. Suitable foraging habitat for the loggerhead sea turtle does exist in the project area within the Pine Knoll Waterway. A review of NCNHP database records, accessed 8/19/10, indicates documented loggerhead sea turtle occurrences within 1.0 mile of the project area along the Bogue Banks beach area. The proposed widening of the waterway will be accomplished by constructing new seawalls behind the existing seawalls, leaving the existing seawalls intact during construction. No dredging, channel realignment, or barging is proposed as part of the project construction. Piping Plover The piping plover breeds along the entire eastern coast of the United States. North Carolina is uniquely positioned in the species range, being the only State where the piping plover's breeding and wintering ranges overlap and the birds are present year- round. They nest most commonly where there is little or no vegetation, but some may nest in stands of beach grass. The nest is a shallow depression in the sand that is usually lined with shell fragments and light colored pebbles. Biological Conclusion: No Effect Suitable habitat for the piping plover does not exist within the project area. The Pine Knoll Waterway lacks the shoreline habitat necessary for foraging and no coastal beaches exist within the project area for nesting. A review of NCNHP database records, accessed 8/19/10, indicates no known piping plover occurrences within 1.0 mile of the project. Red -cockaded woodpecker The red -cockaded woodpecker (RCW) typically occupies open, mature stands of southern pines, particularly longleaf pine (Pinus palustris), for foraging and nesting/roosting habitat. The RCW excavates cavities for nesting and roosting in living pine trees, aged 60 years or older, and which are contiguous with pine stands at least 30 years of age to provide foraging habitat. The foraging range of the RCW is normally no more than 0.5 miles. B-5001 Categorical Exclusion Biological Conclusion: No Effect Suitable habitat for the RCW does not exist within the project area. The project occurs in an urban setting with habitats comprised primarily of maintained grasses/lawns. No mature pine stands are present in the project area. A review of NCNHP database records, accessed 8/19/10, indicates no known red -cockaded woodpecker occurrences within 1.0 mile of the project. • •r Roseate tern In North Carolina, the roseate tern is most likely to be seen on barrier islands as it passes through the area to and from northern breeding grounds. March through May and August through October are the most likely times to see these birds. Although site records of this species exist for June, July, and August, these are likely non - breeding males. Only one nesting record for this species has been documented for the state within the past twenty years. However, if this species expands its range, it is likely to choose coastal areas of the state for nesting. The roseate tern nests on isolated, less disturbed coastal islands in areas characterized by sandy, rocky, or clayey substrates with either sparse or thick vegetation. Eggs are usually laid such that grasses or overhanging objects provide shelter. They may also nest in marshes, but it is an uncommon occurrence. Biological Conclusion: No Effect Suitable nesting habitat for the migrant roseate tern does not exist within the project area. The project occurs in an urban setting with habitats comprised primarily of maintained grasses/lawns. A review of NCNHP database records, accessed 8/19/10, indicates no known roseate tern occurrences within 1.0 mile of the project. Shortnose sturgeon Shortnose sturgeon occur in most major river systems along the eastern seaboard of the United States. The species prefers the nearshore marine, estuarine, and riverine habitat of large river systems. It is an anadromous species that migrates to faster - moving freshwater areas to spawn in the spring, but spends most of its life within close proximity of the river's mouth. Large freshwater rivers that are unobstructed by dams or pollutants are imperative to successful reproduction. Distribution information by river/waterbody is lacking for the rivers of North Carolina; however, records are known from most coastal counties. Biological Conclusion: No Effect Suitable habitat for the shortnose sturgeon does not exist within the project area. This species is not known to occur in the Bogue Sound and would not likely occur in the Pine Knoll Waterway. A review of NCNHP database records, accessed 8/19/10, indicates no known shortnose sturgeon occurrences within 1.0 mile of the project. West Indian manatee Manatees have been observed in all the North Carolina coastal counties. Manatees are found in canals, sluggish rivers, estuarine habitats, salt water bays, and as far offshore as 3.7 miles. They utilize freshwater and marine habitats at shallow depths B-5001 Categorical Exclusion 12 of 5 to 20 feet. In the winter, between October and April, manatees concentrate in areas with warm water. During other times of the year, habitats appropriate for the manatee are those with sufficient water depth, an adequate food supply, and in proximity to freshwater. Manatees require a source of fresh water to drink. Manatees are primarily herbivorous, feeding on any aquatic vegetation present, but they may occasionally feed on fish. Biological Conclusion: May Affect — Not Likely to Adversely Affect The West Indian manatee is known to forage in Bogue Sound during the warm summer months. Suitable foraging habitat for the West Indian manatee does exist in the project area within the Pine Knoll Waterway. Precautionary measures for construction activities in North Carolina waters used by the manatee have been outlined by the Raleigh Field Office of the USFWS. if the Guidelines for Avoiding Impacts to the West Indian Manatee (USFWS, 2003) are implemented by the contractor during construction, the project should not have an adverse impact to manatee. The proposed widening of the waterway will be accomplished by constructing new seawalls behind the existing seawalls, leaving the existing seawalls intact during construction. No dredging, channel realignment, or barging is proposed as part of the project construction. A review of NCNHP database records, accessed 8/19/10, indicates no known West Indian manatee occurrences within 1.0 mile of the project. Due to the presence of potentially suitable habitat, the replacement of Bridge No. 47 may affect, but is not likely to adversely affect the West Indian manatee. Rough -leaved loosestrife Rough -leaved loosestrife, endemic to the Coastal Plain and Sandhills of North and South Carolina, generally occurs in the ecotones or edges between longleaf pine uplands and pond pine pocosins in dense shrub and vine growth on moist to seasonally saturated sands and on shallow organic soils overlaying sand (spodosolic soils). Occurrences are found in such disturbed habitats as roadside depressions, maintained power and utility rights-of-way, firebreaks, and trails. The species prefers full sunlight, is shade intolerant, and requires areas of disturbance (e.g., clearing, mowing, periodic burning) where the overstory is minimal. It can, however, persist vegetatively for many years in overgrown, fire -suppressed areas. Blaney, Gilead, Johnston, Kalmia, Leon, Mandarin, Murville, Torhunta, and Vaucluse are some of the soil series on which occurrences have been found. Biological Conclusion: No Effect Suitable habitat for rough -leaved loosestrife does not exist within the project area. The project occurs in an urban setting with habitats comprised primarily of maintained grasses/lawns. A review of NCNHP database records, accessed 8/19/10, indicates no known rough -leaved loosestrife occurrences within 1.0 mile of the project. Seabeach amaranth Seabeach amaranth occurs on bairier island beaches where its primary habitat consists of overwash flats at accreting ends of islands, lower foredunes, and upper strands of noneroding beaches (landward of the wrack Pane). In rare situations, this B-5001 Categorical Exclusion 13 annual is found on sand spits 160 feet or more from the base of the nearest foredune. It occasionally establishes small temporary populations in other habitats, including sound -side beaches, blowouts in foredunes, interdunal areas, and on sand and shell material deposited for beach replenishment or as dredge spoil. The plant's habitat is sparsely vegetated with annual herbs (forbs) and, less commonly, perennial herbs (mostly grasses) and scattered shrubs. It is, however, intolerant of vegetative competition and does not occur on well -vegetated sites. The species usually is found growing on a nearly pure silica sand substrate, occasionally with shell fragments mixed in. Seabeach arnaranth appears to require extensive areas of barrier island beaches and inlets that function in a relatively natural and dynamic manner. These characteristics allow it to move around in the landscape, occupying suitable habitat as it becomes available. Biological Conclusion: No Effect Due to the absence of beaches and dunes, suitable habitat for the seabeach amaranth does not exist within the project area. A review of NCNHP database records, accessed 8/19/10, indicates a documented seabeach amaranth occurrence within 1.0 mile of the project. The occurrence was located along the Bogue Banks beaches. Bald Eagle and Golden Eagle Protection Act Habitat for the bald eagle primarily consists of mature forest in close proximity to large bodies of open water for foraging. Large, dominant trees are utilized for nesting sites, typically within one mile of open water. Suitable habitat for bald eagle does not exist in the project area along the shoreline of the Pine Knoll Waterway. The project occurs in an urban setting with habitats comprised primarily of maintained grasses/lawns. No nest trees were observed during field investigations in January and August 2010. VI. HUMAN ENVIRONMENT Section 106 Compliance Guidelines This project is subject to compliance with Section 106 of the National Historic Preservation Act of 1966, as amended, and implemented by the Advisory Council on Historic Preservation's Regulations for Compliance with Section 1.06, codified at Title 36 CFR Part 800. Section 106 requires Federal agencies to take into account the effect of their undertakings (federally funded, licensed, or pennitted) on properties included in or eligible for inclusion in the National Register of Historic Places and afford the Advisory Council a reasonable opportunity to comment on such undertakings. Historic Architecture The State Historic Preservation Office (SHPO) reviewed the subject project and is not aware of any historic resources which would be affected by the project. SHPO has no comment on the project as proposed. (See letter dated May 24, 2010.) B-5001 Categorical Exclusion 14 Archaeology The State Historic Preservation Office (SHPO) reviewed the subject project. There are no known archaeological sites within the proposed project area, and no archaeological investigation needs to be conducted. (See letter dated May 24, 2010). Community linpacts No adverse impact on families or communities is anticipated. Right-of-way acquisition will be limited. No relocatees are expected with implementation of the proposed alternative. No adverse effect on public facilities or services is expected. The project is not expected to adversely affect social, economic, or religious opportunities in the area. The project is not in conflict with any plan, existing land use, or zoning regulation. No change in land use is expected to result from the construction of the project. The Farmland Protection Policy Act requires all federal agencies or their representatives to consider the potential impact to prime farmland of all land acquisition and construction projects. All construction will take place along existing alignment. There are no soils classified as prime, unique, or having state or local importance in the vicinity of the project. Therefore, the project will not involve the direct conversion of farmland acreage within these classifications. The project will not have a disproportionately high and adverse human health and environmental effect on any minority or low-income population. Noise & Air Quality The project is located in Carteret County, which has been determined to comply with the National Air Quality Standards. The proposed project is located in an attainment area; therefore, 40 CFR Parts 51 and 93 are not applicable. This project is not anticipated to create any adverse effects on the air quality of this attainment area. This project will not result in any meaningful changes in traffic volume, vehicle mix, location of the existing facility, or any other factor that would cause an increase in emissions impacts relative to the no -build alternative. As such, FHWA has determined that this project will generate minimal air quality impacts for Clean Air Act criteria pollutants and has not been linked with any special MSAT concerns. Consequently this effort is exempt from analysis for MSAT's. Noise levels may increase during project construction; however, these impacts are not expected to be substantial considering the relatively short-term nature of construction noise and the limitation of construction to daytime hours. The transmission loss characteristics of nearby natural elements and man-made structures are believed to be sufficient to moderate the effects of intrusive construction noise. B-5001 Categorical Exclusion 15 VII. GENERAL ENVIRONMENTAL EFFECTS The project is expected to have an overall positive impact. Replacement of an inadequate bridge will result in safer traffic operations. The bridge replacement will not have an adverse effect on the quality of the human or natural environment with the use of the current North Carolina Department of Transportation standards and specifications. The proposed project will not require right-of-way acquisition or easement from any land protected under Section 4(f) of the Department of Transportation Act of 1966. There are no properties in the project area that are protected under Section 4(f). An examination of records at the North Carolina Department of Environment and Natural Resources, Division of Environmental Management, Groundwater Section and the North Carolina Department of Human Resources, Solid Waste Management Section revealed no underground storage tanks or hazardous waste sites in the project area. The Pine Knoll Waterway is not a Federal Emergency Management Agency (FEMA) - regulated stream and therefore will not require a Conditional Letter of Map Revision (CLOMR). VIII. COORDINATION & AGENCY COMMENTS The Town has sought input from the following agencies as a part of the project development: Federal Highway Administration, U.S. Anny Corps of Engineers, U.S. Fish & Wildlife Service, U.S. Environmental Protection Agency, U.S. Coast Guard, National Oceanic and Atmospheric Administration (Fisheries), NC Wildlife Resource Commission, NC Division of Water Quality, NC Division of Coastal Management, NC Division of Marine Fisheries, and the State Historic Preservation Office. The NC Division of Coastal Management responded in a letter dated May 11, 2010 that it appears that a Public Trust Area, Estuarine Waters, and Coastal Shoreline Areas of Environmental Concern (AECs) will be impacted and a Coastal Area Management Act (CAMA) permit will be required. The NC Division of Water Quality in a standardized letter dated May 25, 2010 provided the following project -specific comments: • Review of the project reveals the presence of surface waters classified as SA; High Quality Waters of the State in the project study area. This is one of the highest classifications for water quality. Pursuant to 15A NCAC 2H .1006 and 15A NCAC 2B .0224, NCDOT will be required to obtain a State Stormwater Permit prior to construction. While projects in North Carolina's twenty coastal counties are exempt B-5001 Categorical Exclusion 16 from the above rules, other stormwater requirements may be in effect and will need to be adhered to. • Any anticipated bank stabilization associated with the bridge replacement should be addressed in the Categorical Exclusion (CE) document. It is understood that final designs may not (be) determined at the time the CE is developed. However, the CE should discuss the potential for bank stabilization necessary due to bridge replacefnent. Response: Permanent slope /bank stabilization will be established on all graded slopes and fills within 21 days after a phase of grading is complete. Permanent vegetation controls erosion by physically protecting a bare soil surface. from raindrop impact, flowing water, and wind. Vegetation binds soil particles together with a dense root system, and reduces the velocity and volume of overland flow. It is the preferred method of surface stabilization in North Carolina where site conditions permit. Special attention will be given to selecting the most suitable plant material for the .site and intended purpose. Any anticipated dewatering or access structures necessary for construction of bridges should be addressed in the CE. It is understood that final designs are not detennined at the time the CE is developed. However, the CE should discuss the potential for dewatering and access measures necessary due to bridge construction. Response: Dewatering and access structures are not anticipated, for this project. The NC Wildlife Resource Commission responded in a letter dated June 14, 2010 that "this area is characterized by higher salinity water primarily supporting species under the jurisdiction of the NC Division of Marine Fisheries; therefore NCDOT should coordinate with NCDMF to address impacts to aquatic species. We recommend replacing this bridge with a bridge. Standard recommendations apply." Response: Coordination was initiated with the NC Division of Marine Fisheries via the Scoping Letter, dated May 11, 2010. A response. from NCDMF was not received. IX. PUBLIC INVOLVEMENT A newsletter announcement was printed in the Pine Knoll Shores local paper in March 2010 announcing a Citizens Informational Workshop. The informal workshop was held on April 28, 2010, from 6:00 to 8:00 pm at Town Hall, and citizens were invited to comment. Eighteen citizens attended, and three comment sheets were received during or following the workshop. Two comment sheets stated a preference that the temporary pedestrian walkway be built on the east side and were in favor of the project. The third comment sheet received included a request for navigation lights on the bridge (underneath). There is not substantial controversy on social, economic, or environmental grounds concerning the project. B-5001 Categorical Exclusion 17 X. CONCLUSION On the basis of the above discussion, it is concluded that no substantial adverse environmental impacts will result from implementation of the project. The project is therefore considered to be a federal "Categorical Exclusion" due to its limited scope and lack of substantial environmental consequences. 4 B-5001 Categorical Exclusion 18 FIGURES Salter Path_ oad 0 400 800 1,600 Feet Bogue Sound Bridge No. erne Oakfeaf Atlantic Ocean N W+E S !"Nunn • �j� LEGEND Figure 1 -0- Possible Detour Route Vicinity Map TIP Project B-5001 (Replacement of Bridge #47) O Bridge No. 47 Location Pine Knoll Shores, Carteret County, North Carolina N Bogue Sound w-71 � s f At t � r y y.. a B;ou44 Jevard► . � ..� � � ,� � +�:::,, � � .._• # FMi%� _71 r}, 1 94 taw, Aw ±dw ;^ �,e �� M.. .. h �•. ! �.:.ayj y'. �... D� 3 W,✓.Mnn T �.. .ry axe,,,, �, 9t'tia`.9'�. ,� •"+�;�. � �:..� -� 3f:'✓'. .... � ... iP^ Yk �,,.a M �a. d s �a• a.�...< � ...� < .k -'„w. ���», �.`"":., _"".''"""". '��•�. ;� 3! 'i �� '"' „� ��s' a. ,..,e.,-..,.:.zw.".r`r i,�,. a...r..-...;.:..� � �«.e �� � y} � +�. �+�L� E � s( -< : w.uv.. � r . • � � .. Wr � �.� ...a,.�«ems �`�r,""a�iu• .� "a.«'�" + - l�'. "�v w�L 8,) p A ,Paths Roaac � x � . �. � YR i1 Atlantic Ocean' 0 400 800 1.,600 Feet Figure 2 ` Topographic Map TIP Project B-5001 (Replacement of Bridge #47) Source: US Geological Survey (Mansfield Quadrangle) Pine Knoll Shores, Carteret County, North Carolina Figure 3 Aerial Map TIP Project B-5001 (Replacement of Bridge 447) Aerial photography provided by Carteret County, NC - Tax Department Pine Knoll Shores, Carteret County, North Carolina Figure 4 B-5001 Design TIP Project B-5001 (Replacement of Bridge 947) Aerial photography proadad Uy C.d—t County, NC - Tax oepartment Pine Knoll Shores, Carteret County, North Carolina 1 Roadway Typical Section —L— STA 1/4-50.5) TO STA IP477.00 (BEG'1A1 BRIDGE) —L— STA 13%=27.00 (`11vD BR DGE) TG STA 13+82.,/0 i 2I' 55' 2' 12' ZEWAV i 1 i' 0.02 1 -L- MIMOSA BLVD 21' Iz r s5' SIDEWA! Y-3-� r 0.02 NCDOT STANDARD 3 -BAR METAL RAIL (TYPI 2P CORED SLAB STRUCTURE Bridge Typical Section —L— STA I2 1-77.C)C) 1r'BEGI;N BRIDGE) it 0 STA IJ+27.1((END O(ID1) Figure 5 Roadway and Bridge Typical Sections TIP Project B-5001 (Replacement of Bridge #47) Pine Knoll Shores, Carteret Countv, North Carolina �L -L- MIMOSA BLVD i /-;1-12' 25 6' 1 1 t�-s51v r YIN� . (TYP) 1 TRADE 6' i V (TYP1 EGROUND 3`t (102 OD2 _ �� EXISTING 1 Roadway Typical Section —L— STA 1/4-50.5) TO STA IP477.00 (BEG'1A1 BRIDGE) —L— STA 13%=27.00 (`11vD BR DGE) TG STA 13+82.,/0 i 2I' 55' 2' 12' ZEWAV i 1 i' 0.02 1 -L- MIMOSA BLVD 21' Iz r s5' SIDEWA! Y-3-� r 0.02 NCDOT STANDARD 3 -BAR METAL RAIL (TYPI 2P CORED SLAB STRUCTURE Bridge Typical Section —L— STA I2 1-77.C)C) 1r'BEGI;N BRIDGE) it 0 STA IJ+27.1((END O(ID1) Figure 5 Roadway and Bridge Typical Sections TIP Project B-5001 (Replacement of Bridge #47) Pine Knoll Shores, Carteret Countv, North Carolina Figure 6 ' Site Photographs (January 2010) TIP Project B-5001 (Replacement of Bridge #47) Pine Knoll Shores, Carteret County North Carolina APPENDIX UNITED STATES DEPARTMENT OF THE INIERIOR FISH AND WILDLIFE SERVICE 1 Guidelines fore Avoiding Impacts to the West, Indian Manatee AGENCY COMMENTS RECEIVED IN RESPONSE TO THE SCOPING LETTER North Carolina Department of Environment and Natural Resources Division of Coastal Management (May 11, 2010) North Carolina Department of Cultural Resources State Historic Preservation Office (Max 24, 2010) North Carolina Department of Environment and Natural Resources Division of Water Quality (May 25, 20 10) North Carolina Wildlife Resources Commission (June 1.4, 2010) United States Department of the Interior FISH AND WILDLIFE SERVICE '. Raleigh Field Office "— Post Office Box 33726 :, Raleigh, North Carolina 27636-3726 GUIDELINES FOR AVOIDING IMPACTS TO THE WEST INDIAN MANATEE Precautionary Measures for Construction Activities in North Carolina Waters The West Indian manatee (Trichechus manatus), also known as the Florida manatee, is a Federally -listed endangered aquatic mammal protected under the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.) and the Marine Mammal Protection Act of 1972, as amended (16 U.S.0 1461 et seq.). The manatee is also listed as endangered under the North Carolina Endangered Species Act of 1987 (Article 25 of Chapter 113 of the General Statutes). The U.S. Fish and Wildlife Service (Service) is the lead Federal agency responsible for the protection and recovery of the West Indian manatee under the provisions of the Endangered Species Act. Adult manatees average 10 feet long and weigh about 2,200 pounds, although some individuals have been recorded at lengths greater than 13 feet and weighing as much as 3,500 pounds. Manatees are commonly found in fresh, brackish, or marine water habitats, including shallow coastal bays, lagoons, estuaries, and inland rivers of varying salinity extremes. Manatees spend much of their time underwater or partly submerged, making them difficult to detect even in shallow water. While the manatee's principal stronghold in the United States is Florida, the species is considered a seasonal inhabitant of North Carolina with most occurrences reported from June through October. To protect manatees in North Carolina, the Service's Raleigh Field Office has prepared precautionary measures for general construction activities in waters used by the species. Implementation of these measure will allow in -water projects which do not require blasting to proceed without adverse impacts to manatees. In addition, inclusion of these guidelines as conservation measures in a Biological Assessment or Biological Evaluation, or as part of the determination of impacts on the manatee in an environmental document prepared pursuant to the National Environmental Policy Act, will expedite the Service's review of the document for the fulfillment of requirements under Section 7 of the Endangered Species Act. These measures include: 1. The project manager and/or contractor will inform all personnel associated with the project that manatees may be present in the project area, and the need to avoid any harm to these endangered mammals. The project manager will ensure that all construction personnel know the general appearance of the species and their habit of moving about completely or partially submerged in shallow water. All construction personnel will be informed that they are responsible for observing water -related activities for the presence of manatees. 2. The project manager and/or the contractor will advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act and the Endangered Species Act. 3. If a manatee is seen within 100 yards of the active construction and/or dredging operation or vessel movement, all appropriate precautions will be implemented to ensure protection of the manatee. These precautions will include the immediate shutdown of moving equipment if a manatee comes within 50 feet of the operational area of the equipment. Activities will not resume until the manatee has departed the project area on its own volition (i.e., it may not be herded or harassed from the area). 4. Any collision with and/or injury to a manatee will be reported immediately. The report must be made to the U.S. Fish and Wildlife Service (ph. 919.856.4520 ext. 16), the National Marine Fisheries Service (ph. 252.728.8762), and the North Carolina Wildlife Resources Commission (ph. 252.448.1546). 5. A sign will be posted in all vessels associated with the project where it is clearly visible to the vessel operator. The sign should state: CAUTION: The endangered manatee may occur in these waters during the warmer months, primarily from June through October. Idle speed is required if operating this vessel in shallowwater during these months. All equipment must be shut down if a manatee comes within 50 feet of the vessel or operating equipment. A collision with and/or injury to the manatee must be reported immediately to the U.S. Fish and Wildlife Service (919-856-4520 ext. 16), the National Marine Fisheries Service (252.728.8762), and the North Carolina Wildlife Resources Commission (252.448.1546). 6. The contractor will maintain a log detailing sightings, collisions, and/or injuries to manatees during project activities. Upon completion of the action, the project manager will prepare a report which summarizes all information on manatees encountered and submit the report to the Service's Raleigh Field Office. 7. All vessels associated with the construction project will operate at "no wake/idle" speeds at all times while in water where the draft of the vessel provides less than a four foot clearance from the bottom. All vessels will follow routes of deep water whenever possible. 8. If siltation barriers must be placed in shallow water, these barriers will be: (a) made of material in which manatees cannot become entangled; (b) secured in a manner that they cannot break free and entangle manatees; and, (c) regularly monitored to ensure that manatees have not become entangled. Barriers will be placed in a manner to allow manatees entry to or exit from essential habitat. Prepared by (rev. 06/2003): U.S. Fish and Wildlife Service Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 919/856-4520 Figure 1. The whole body of the West Indian manatee may be visible in clear water; but in the dark and muddy waters of coastal North Carolina, one normally sees only a small part of the head when the manatee raises its nose to breathe. s�Ta Illustration used with the permission of the North Carolina State Museum of Natural Sciences. Source: Clark, M. K. 1987. Endangered, Threatened, and Rare Fauna of North Carolina: Part I. A re-evaluation of the mammals. Occasional Papers of the North Carolina Biological Survey 1987- 3. North Carolina State Museum of Natural Sciences. Raleigh, NC. pp. 52. j + 4 N G4^et"...SY�?n'u�i �Yg71S�21:@A _ L MODE I North Carolina Department of Environment and Natural Division of Coastal Management Beverly Eaves Perdue Governor Mr. Brian Kramer, Town Manager Town of Pine Knoll Shores 100 Municipal Circle Pine Knoll Shores, North Carolina 28512 James H. Gregson Director May 11, 2010 Resources Dee Freeman Secretary RE: Replacement of Bridge No. 47 over Pine Knoll Waterway at Mimosa Boulevard in Pine Knoll Shores, NC, TIP No. B-5001 Dear Mr. Kramer: The NC Division of Coastal Management (DCM) received the scoping letter, dated April 30, 2010, for the replacement of Bridge No. 47 over the Pine Knoll Waterway at Mimosa Boulevard. We. appreciate the early coordination with DCM to provide information relevant to the potential permitting of the proposed project by our agency. Based on the information provided in the scoping letter, it appears that Public Trust Area, Estuarine Waters, and Coastal Shoreline Areas of Environmental Concern (AECs) will be impacted and a Coastal Area Management Act (CAMA) permit will be required. The scope of the project will determine whether a LAMA General Permit or Major Development Permit is necessary to authorize the work. The Town of Pine Knoll Shores and/or NCDOT are encouraged to coordinate with DCM during the project development process to determine the appropriate permitting requirements for the project. DCM recommends that the AEC impacts and the CAMA permitting requirements be addressed in the Categorical Exclusion (CE) document. If you have any questions or concerns, please contact me at (919) 733-2293 x 230, or via e-mail at steve.sollod@ncdenr.gov or contact Mr. Stephen Lane, DCM's Transportation Field Representative for NCDOT's Divisions 2 and 3, at 252-808-2808 / 1-888-4RCOAST (1-888-472-6278). Thank you for your consideration of the North Carolina Coastal Management Program. Sincerely, Steven D. Sollod Transportation Project Coordinator 1638 Mail Smice Center, Raleigh, NC 27699-1638 Phone: 919.733-2293 t FAX: 919-733-1495 Internet: www.nccoastaimanagement.net An Equal Opporlun y %Affirmative Action Fmployer One ..:.;.;.:,.:. NorthCa�bfina Naturally Scoping Comments B-5001 cc: 1v1r. Doug Huggett, DCM Mr. Jay Johnson, NCDOT Mr. Stephen Lane, DCM Kimley-Horn and Associates, Inc. (PO Box 33068, Raleigh, NC 27636-3068) 1638 Mail Service Center, Raleigh, NC 27699-1638 Phone: 919.733-22931 FAC: 919-733.1495 Internet: www.nccoastalmanagement_net An Equal Oppwuniny+.AIP. ma0veAd ion Emp".oyer ...ODD Noi iCa:rolina North Carolina Department of Cultural Resources State Historic Preservation Office Peter B. Sandbeck, Administrator Beverly Eaves Perdue, Governor Office of Archives and History Linda A. Carlide, Secretary Division of Historical Resources Jeffrey J. Crow, Deputy Secretary David Brook, Director May 24, 2010 Brian Kramer Town of Pine Knoll Shores 100 Municipal Circle Pine Knoll Shores,`NC 285'12 Re: Replace Bridge 47 on Mimosa Boulevard over Pine Knoll Waterway, B-5001, Carteret County, ER 10-0835 Dear Mr. Kramer: Thank you for your letter of April 30, 2010, concerning the above project. We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, please contact Renee Gledhill -Earley, environmental review coordinator, at 919-807-6579. In all future communication concerning this project, please cite the above -referenced tracking number. Sincerely, C7riPeter Sandbeck Location: 109 Fast Jones Street, Raleigh NC 27601 Mailing Address: 4017 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 907-6570/807-6599 IM MODEi . North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary May 25, 2010 MEMORANDUM TO: Brian Kramer, Town Manager, Town of Pine Knoll Shores FROM: David Wainwright, NCDWQ, Central Office, SUBJECT: Scoping Review of Proposed Bridge Replacement Project B- 5001 (Carteret County), In reply to your correspondence dated April 30, 2010 (received May 5, 2010) in which you requested comments for the above referenced project, the NCDWQ offers the following comments: I . Review of the project reveals the presence of surface waters classified as SA; High Quality Waters of the State in the project study area. This is one of the highest classifications for water quality. Pursuant to 15A NCAC 2H . 1006 and 15A NCAC 2B .0224, NCDOT will be required to obtain a State Stormwatei Permit prior to construction. While projects in North Carolina's twenty coastal counties are exempt from the above rules, other stormwater requirements may be in effect and will need to be adhered to. 2. Anyanticipated bank stabilization associated with the Bridge replacement --should be addressed•itr_the Categorical Exclusion (CE) document. Itis uirderstood thaf final designs may'riot detei mined at the time the CE is developed. However, the CE should discuss the potential for bank stabilization necessary due to bridge replacement. 3. Any anticipated dewatering or access structures necessary for construction of bridges should be addressed in the CE. It is understood that final designs are not determined at the time the CE is developed. However, the CE should discuss the potential for dewatering and access measures necessary due to bridge construction. General Comments Regarding Bridge Replacement Projects 4. NCDWQ is very concerned with sediment and erosion impacts that could result from this project. These concerns shall be addressed by describing the potential impacts that may occur to the aquatic environments and any mitigating factors that would reduce the impacts. 5. If foundation test borings are necessary; it shall be noted in the document. Geotechnical work is approved under General 401 Certification Number 3687/Nationwide Permit No. 6 for Survey Activities. 6. 'if -6'"' id.brid'' is enioved;`h&—discharge of`bridge"iriaterial•into-surface::' aterg+israllowed`unless 6iherwi§e"ii tl Aied by'the''U'S ALOE."�SZrict adhereitce'to'tli6 Corps'of Ehgiitdet° 'griideilines for bridge demolition will be a condition of the 401 Water Quality Certification. Transpor!alion Pemiilting Unit elle ` 1650 Mail $service Center, Rafth, Norlh Carolina 27699-1650 NorthCarofin.a Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604� Phone: 919-733-17861 FAX: 919.733.689�C yiy3 L s a Internet: http:i�i2o.enr.state.nc.usinc+retiands! An C ouN ,pMun?,y 1 l ffa wNte Adm. Ery-pioyp, 7. Whenever possible, NCDWQ prefers spanning structures. Spanning structures usually do not require work within the stream or grubbing of the streambanks and do not require stream channel realignment. The horizontal and vertical clearances provided by bridges shall allow for human and wildlife passage beneath the structure. Fish passage and navigation by canoeists and boaters shall not be blocked. Bridge supports (bents) should not be placed in the stream when possible.. 8. Bridge deck drains shall not discharge directly into the stream. Storrnwater shall be directed across the bridge and pre-treated through site -appropriate means (grassed swales, pre -formed scour holes, vegetated buffers, etc.) before entering the stream. Please refer to the most current version of NCDWQ's Stormwater Best .Management Practices. 9. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. 10. If temporary access roads or detours are constructed, the site shall be graded to its preconstruction contours and elevations. Disturbed areas shall be seeded or mulched to stabilize the soil and appropriate native woody species shall be planted. When using temporary structures the area shall be cleared but not grubbed. Clearing the area with chain saws, mowers, bush -hogs, or other mechanized equipment and leaving the stumps and root mat intact allows the area to re -vegetate -naturally and minimizes soil disturbance. 1.1. Sediment and erosion control measures sufficient to protect water resources must be implemented• and maintained in accordance with the most recent version of North Carolina Sediment and Erosion. Control Planning and Design Manual and the most recent version of NCS000250. 12: All work in or adjacent to stream waters shall be conducted in a dry work area unless otherwise.. " Approved by, NCI?.WQ: Approved BMP measures from the most current version:of NCDOT Construction and Maintenance Activities manual such as sandbags; rock.berms, cofferdams and other -diversion structures shall be used to prevent excavation in flowing water: 13. Heavy equipment shall be operated from the bank rather than in stream channels in order to minimize sedimentation and reduce the likelihood of introducing other pollutants into streams.. This equipment shall be inspected daily and maintained to prevent contamination of surface waters from leaking fuels, lubricants, hydraulic fluids, or other toxic materials. 14: In most cases, the NCDWQ prefers the replacement of the existing structure at the same location with road.closure. If road closure is not feasible, a temporary detour shall be designed and located to avoid wetland impacts, minimize the need for clearing and to avoid destabilizing stream banks. If the structure will be on a new alignment, the old stricture shall be removed and the approach fills removed from the I00 -year floodplain. Approach fills shall be removed and restored to the natural ground elevation. The area shall be stabilized with grass and planted with native tree species. Tall fescue shall not be used in riparian areas. Thank you for requesting our input at this time. NCDOT is reminded that issuance of a 401 Water Quality Certification requires that appropriate measures be instituted to ensure that water quality standards are met and designated uses are not degraded or lost. If you have any questions or require additional information, please contact David Wainwright at (919) 715-3415. cc: Torn Steffens, US Army Corps of Engineers, Washington Field Office Chris Militseher, 'Enviroriinental Protection Agency (electronic copy only) Travis Wilson, NC Wildlife Resources Commission (electronic copy'only) Steve Sollod, Division of Coastal Management Garcy Ward, NCDWQ Washington Regional Office File Copy . .s North Carolina Wildlife Resources Commission Gordon Myers, Executive Director MEMORANDUM TO: Brian Kramer Town of Pine Knoff Shores, Town Manager FROM: Travis Nilson, 'Highway Project Coordinator Habitat Conservation Program DATE: June 14, 2010 SUBJECT: Bridge Replacement Biologists with the N. C. Wildlife Resources Commission (NCWRC) have reviewed the information provided and have the following preliminaiy comments on the subject project. Our comments are provided in accordance with provisions of the National Environmental Policy Act (42 U.S.C. 4332(2)(c)) and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d). Our standard recommendations for bridge replacement projects of this scope are as follows: I . We generally prefer spanning structures. Spanning structures usually do not require work within the stream and do not require stream channel realignment. The horizontal and vertical clearances provided by bridges allows f6r human and wildlife passage beneath the stnicture, does not block fish passage, and does not block navigation by canoeists and boaters. 2. Bridge deck drains should not discharge directly into the stream. 3. Live concrete should not be allowed to contact the water in or entering into the stream. 4. If possible, bridge supports (bents) should not be placed in the stream. S. If temporary access roads or detours are constructed, they should be removed back to original ground elevations immediately upon the completion of the project. Disturbed areas should be seeded or mulched to stabilize the soil and native tree species should be planted with a spacing of not more than 10'x10'. T F possible, when using tenaporary Nlaiffiig Address: Division of Inland Fisheries - 1721 Mail Service Center - Raleigh, NC 27699-1721 Telephone: (919) 707-0220 - Fax, (919) 707-0028 Bridge Memo Page 2 June 14, 2010 structures the area should be cleared but not grubbed. Clearing the area with chain saws, mowers, bush -hogs, or other mechanized equipment and leaving the stumps and root mat intact, allows the area to revegetate naturally and minimizes disturbed soil, 6. A clear bank (riprap free) area of at least 10 feet should remain on each side of the steam underneath the bridge. 7. in trout waters, the N.C. Wildlife Resources Commission reviews all U.S. Anny Corps ,6f Engineers nationwide and general `404' permits. We have the option of requesting additional measures to protect trout and trout habitat and we can recommend that the project require an individual `404' pernlit. 8. In streams that contain threatened or endangered species, NCDOT biologist Mr. Logan Williams should be notified. Special measures to protect these sensitive species may be .required. NCDOT should also contact the U.S. Fish and Wildlife Service for information on requirements of the Endangered Species Act as it relates to the project. 9. In streams that are used by anadromous fish, the NCDOT official policy entitled "Stream Crossing Guidelines for Anadromous Fish Passage (May 12, 1997)" should be followed. 10. Sedimentation and erosion control measures sufficient to protect aquatic resources must be implemented prior to any ground disturbing activities. Structures should be maintained regularly, especially following rainfall events. 11. Temporary or permanent herbaceous vegetation should be planted on all bare soil within 1.5 days of ground disturbing activities to provide long-term erosion control. 12. All work in or adjacent to stream waters should be conducted in a dry work area. Sandbags, rock berms, cofferdams, or other diversion structures should be used where possible to prevent excavation in flowing water. 13. Heavy equipment should be operated from the bank rather than in stream channels in order to minimize sedimentation and reduce the likelihood of introducing other pollutants into streams. 14. Only clean, sediment -free rock should be used as temporary fill (causeways), and should be removed without excessive disturbance of the natural stream bottom when construction is completed. 15. During subsurface investigations, equipment should be inspected Baily and maintained to prevent contamination of surface waters from leaking fuels, lubricants, hydraulic fluids, or other toxic materials. If corrugated metal pipe arches, reinforced concrete pipes, or concrete box culverts are used: 1. The culvert. must be designed to allow for aquatic Iife and fish passage. Generally, the culvert or pipe invert should be buried at least I foot below the natural streambed (measured from the natural thalweg depth). If multiple barrels are required, barrels other than the base flow barrel(s) should be placed on or near stream: bankfull or floodplain bench elevation (similar to Lyonsfield design). These should be Bridge Memo Pave 3 June 14, 2010 reconnected to floodplain benches as appropriate. This may be accomplished by utilizing sills on the upstream and downstream ends to restrict or divert flow to the base flow barrel(s). Silled barrels should be filled with sediment so as not to cause noxious or mosquito breeding conditions, Sufficient water depth should be provided in the base flow barrel(s) during low flows to acconnnodate fish movement. If culverts are longer than 40-50 linear feet, alternating or notched baffles should be installed in a manner that mimics existing stream pattern. This should enhance aquatic .life passage: 1) by depositing sediments in the barrel, 2) by maintaining channel depth and flow regimes, and 3) by providing resting places for fish and other aquatic organisms. In essence, base flow barrel(s) should provide a continuum of water depth and channel width without substantial modifications of velocity. 2. If multiple pipes or cells are used, at least one pipe or box should be designed to remain dry during normal flows to allow for wildlife passage. 3. Culverts or pipes should be situated along the existing channel alignment whenever possible to avoid channel realignment. Widening the stream channel must be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage. 4. Riprap should not be placed in the active thalweg charnel or placed in the streambed in a manner that precludes aquatic life passage. Bioengineering boulders or structures should be professionally designed, sized, and installed. In most cases, we prefer the replacement of the existing structure at the same location with road closure. If road closure is not feasible, a temporary detour should be designed and located to avoid wetland impacts, minimize the need for clearing and to avoid destabilizing stream banks. If the structure will be on a new alignment, the old structure should be removed and the approach fills removed from the 100 -year floodplain. Approach fills should be removed down to the natural ground elevation. The area should be stabilized with grass and planted with native tree species. If the area reclaimed was previously wetlands, NCDOT should restore the area to wetlands. If successful, the site may be utilized as mitigation for the subject project or other projects in the watershed. Project specific comments: 13-5001: Carteret County, replace bridge No. 47 in Pine Knoll Shores over the Pine Knoll Waterway: This area is characterized by higher salinity water primarily supporting species under the jurisdiction of the NC Division of Marine Fisheries; therefore NCDOT should coordinate with NCDMF to address impacts to aquatic species. We recommend replacing this bridge with a bridge. Standard reconunendations apply. If you need further assistance or information on NCWRC concerns regarding bridge replacements, please contact me at (919) 528-9886. Thank you for the opportunity to review and comment on this project. EMPI WeyHom 1=1 _ and Associates, Inc. April 15, 2011 Mr. Gary Jordan U.S. Fish and Wildlife Service Raleigh Field Office P.O. Box 33726 Raleigh, NC 27636-3726 Subject: Replacement of Bridge No. 47/Mimosa Boulevard over the Pine Knoll Waterway, Town of Pine Knoll Shores, Carteret County Dear Mr. Jordan: The Town of Pine Knoll Shores and the North Carolina Department of Transportation are proposing the replacement of the Mimosa Boulevard bridge over the Pine Knoll Waterway and the widening of the Waterway where it narrows under the bridge (replacement of bulkheads/sea walls) in the Town of Pine Knoll Shores, in Carteret County. The proposed project will receive federal funds (administered by NCDOT) with a local funding match. This project is included in the 2009-2015 NCDOT State ?Transportation Improvement Program as Project B-5001. A project location map, aerial photo, and site photos are attached for your review. The project is classified as a Federal Categorical Exclusion (CE). The following discussion regarding federally protected species has been included in the CE being prepared for the project. As discussed, protected species not requiring a biological conclusion due to similarity of appearance (American alligator), species that are no longer federally protected for Carteret County (eastern cougar), or species that were determined to have no suitable habitat within the project area and therefore issued a "no effect" biological conclusion (piping plover, red -cockaded woodpecker, roseate tern, shortnose sturgeon, rough -leaved loosestrife were not included as part of concurrence request. Based upon our discussion, it is our understanding that the USFWS and NOAA- National Marine Fisheries (NMP) jointly administer the Endangered Species Act (ESA) with respect to marine turtles with the USFWS having jurisdiction over nesting habitats (land) and NMF having jurisdiction in the marine environment (water). Because no beach habitat occurs within the project area, the USFWS would render a "no effect" determinations for the sea turtle species identified below. Concurrence on determinations for foraging habitat or the marine environment would be required from the NMF. ■ TEL 919 677 2000 FAX 919 677 2050 P.O. Box 33066 Raleigh, North Carolina 27636-3068 C..� Krrdey-Horn and Associates, Inc. Green sea turtle: Biological Conclusion: No Effect Ocean beach habitat does not occur within the project area. Therefore, suitable nesting habitat for the green sea turtle does not exist within the project area. Sea turtles are known to forage in Bogue Sound during the warm summer months. Suitable foraging habitat for the green sea turtle does exist in the project area within the Pine Knoll Waterway. A review of NCNHP database records, accessed 8/19/10, indicates no known green sea turtle occurrences within 1.0 mile of the project. The proposed widening of the waterway will be accomplished by constructing new seawalls behind the existing seawalls, leaving the existing seawalls intact during construction. No dredging, channel realignment, or barging is proposed as part of the project construction. Kemp's ridley sea turtle; Biological Conclusion: No Effect Ocean beach habitat does not occur within the project area. Therefore, suitable nesting habitat for Kemp's ridley sea turtle does not exist within the project area. Sea turtles are known to forage in Bogue Sound during the warm summer months. Suitable foraging habitat for the Kemp's ridley sea turtle does exist in the project area within the Pine Knoll Waterway. A review of NCNHP database records, accessed 8/19/10, indicates no known Kemp's ridley sea turtle occurrences within 1.0 mile of the project. The proposed widening of the waterway will be accomplished by constructing new seawalls behind the existing seawalls, leaving the existing seawalls intact during construction. No dredging, channel realignment, or barging is proposed as part of the project construction. Leatherback sea turtle:. Biological Conclusion: No Effect Ocean beach habitat does not occur within the project area; therefore, suitable nesting habitat for the leatherback sea turtle does not exist within the project area. Sea turtles are known to forage in .Bogue Sound during the warm summer months. Suitable foraging habitat for the leatherback sea turtle does exist in the project area within the Pine Knoll Waterway. A review of NCNHP database records, accessed 8/19/10, indicates no known leatherback sea turtle occurrences within 1.0 mile of the project. The proposed widening of the waterway will be accomplished by constructing new seawalls behind the existing seawalls, leaving the existing seawalls intact during construction. No dredging, channel realignment, or barging is proposed as part of the project construction. Loggerhead sea turtle: Biological Conclusion: No Effect Ocean beach habitat does not occur within the project area. Therefore, suitable nesting habitat for the loggerhead sea turtle does not exist within the project area. Sea turtles are known to forage in Bogue Sound during the warm summer months. Suitable foraging habitat for the loggerhead sea turtle does exist in the project area within the Pine Knoll Waterway. A review of NCNHP database records, accessed 8/19/10, indicates documented loggerhead sea turtle occurrences within 1.0 mile of the project area along the Bogue Bank beach area. The proposed widening of the waterway will be accomplished by constructing new seawalls behind the existing seawalls, leaving the existing seawalls intact during construction. No dredging, channel realignment, or barging is proposed as part of the project construction. C_M n Ksm' Nom ...__ __ anddAssociates, (nc. West Indian manatee: Biological Conclusion: May Affect — Not Likely to Adversely Affect The West Indian manatee is known to forage in Bogue Sound during the warm summer months. Suitable foraging habitat for the West Indian manatee does exist in the project area within the Pine Knoll Waterway. Precautionary measures for construction activities in North Carolina waters used by the manatee have been outlined by flee Raleigh Field Office of the USFWS. If the Guidelines for Avoiding Impacts to the West Indian Manatee (USFWS, 2003) are implemented by the contractor during construction, the project should not have an adverse impact to manatee. The proposed widening of the waterway will be accomplished by constructing new seawalls behind the existing seawalls, leaving the existing seawalls intact during construction. No dredging, channel realignment, or barging is proposed as part of the project construction. A review of NCNHP database records, accessed 8/19/10, indicates no known West Indian manatee occurrences within 1.0 mile of the project. Due to ,the presence of potentially suitable habitat, the replacement of Bridge No. 47 may affect, but is not likely to adversely affect the West Indian manatee. Please call me at (919) 677- 2073 if you have any questions or need any additional information for your concurrence. Thank you for your assistance with this project. Very truly yours, KIVI LEY -HORN AND ASSOCIATES, INC. PA &t 6� Beth Reed, PWS Environmental Scientist RT Op United States Department of the Interior o� P 1 �yF�ym o FISH AND WILDLIFE SERVICE Raleigh Field Office ,ygAcH Daae Post Office Box 33726 Raleigh, North Carolina 27636-3726 April 19, 2011 Beth Reed Kimley-Horn and Associates, Inc. P.O. Box 33068 Raleigh, North Carolina 27636-3068 Dear Ms. Reed: This letter is in response to your letter of April 15, 2011 which provided the U.S. Fish and Wildlife Service (Service) with the biological conclusion of the North Carolina Department of Transportation (NCDOT) and the Town of Pine Knoll Shores that the replacement of Bridge No. 47 on Mimosa Boulevard over the Pine Knoll Waterway in Carteret County (TIP No. B-5001) may affect, but is not likely to adversely affect the federally endangered West Indian manatee (Trichechus manatus). In addition, NCDOT and Pine Knoll Shores has determined that the project will have no effect on all other federally listed species within the purview of the Service. These comments are provided in accordance with Section 7 of the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. 1531-1543). According to the information submitted, the Service's GUIDELINES FOR AVOIDING IMPACTS TO TAE WEST INDIAN MANATEE: Precautionary Measures for Construction Activities in North Carolina Waters will be implemented during construction.. Based on this commitment and upon other available information, the Service concurs with your conclusion that the project may affect, but is not likely to adversely affect the West Indian manatee. Due to the lack of suitable habitat, the Service concurs with your conclusion that the project will have no effect on all other federally listed species within our purview (to include all species of sea turtles while nesting). However, please note that the National Marine Fisheries Service has purview over the shortnose sturgeon (Acipenser brevirostrum) and all species of.sea turtles while in the water. We believe that the requirements of Sectiop. 7(a)(2).of the ESA have been satisfied for those species within our purview. We remind you that obligations under Section -7 consultation must be reconsidered if: (1) new information reveals impacts of this identified action that may affect listed species or critical habitat .in a manner not previously considered in this review; (2) this action is subsequently modified in a manner that was not considered in this review; or. (3) a new species is listed or critical habitat determined that may be affected by this identified action. The Service appreciates the opportunity to review this project.. If you have any questions regarding our response, please contact Mr. Gary Jordan at (91.9) 85,6-4520 (Ext. 32). cc: Tom Steffens, USACE, Washington, NC Travis Wilson, NCWRC, Creedmoor, NC Chris Militscher, USEPA, Raleigh, NC John Sullivan, FHWA, Raleigh, NC David Harris, NCDOT, Raleigh, NC Aaplicart: ow,, 0 7L Date: q—�L6—I ( Describe below the HABITAT disturbances for the application. All values should thatch the name, and units of measurement found in your Habitat code sheet. Habitat Narne DISTURB TYPE Choose One • TOTAL Sq. Ft. (Applied for. Disturbance total includes any anticipated restoration or impacts FINAL Sq. Ft. (Anticipated final disturbance. Excludes any restoration and/or temp impact amount) TOTAL Feet (Applied for. Disturbance total includes any anticipated restoration or tem impacts) FINAL Feet (Anticipated final disturbance. Excludes any restoration and/or temp impact amount O �° Dredge El Fill ❑ Both ElOlher [� tern / 3s %3-- C) )�—�` Dredge ❑ Fill ❑ Both ❑ Other B" C --.---j -Dredge [Cj' Fill ❑ Doth ❑ Other ❑ q3/ �31 --- — —_ Dredge [r Fill ❑ Both ❑ Other ❑�� rII JrJ Cruu"nn� Dredge ❑ ' Fill ErBoth ❑ 'Other ❑ �y Dredge ❑ Fill []Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ . Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ 4 'wz'"?2- 083.1230 3 .. 11.`b'3 ?l.OAST