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NCDOT - Environmental Analysis Unit 74998D
OCAMA / DREDGE & FILL NO. 74998 A B C GENERAL PERMIT Previous permit# ❑New []Modification [-]Complete Reissue ❑Partial Reissue Date previous permit issued As authorized by the State of North Carolina, Department of Environmental Quality , and the Coastal Resources Commission in an area of environmental concern pursuant to 15A NCAC - ❑Rules attached. Applicant Name ' .j Project Location: County Address Street Address/ State Road/ Lot #(s'i City State ZIP Phone # O E-Mail Authorized Agent - CW o €W o PTA Affected AEC(s): ElUEA ❑ HHF ❑ IH ❑ PWS: ORW: yes / no PNA yes / no El ES ❑PTS ❑ UBA ❑ N/A Subdivision City ZIP_ Phone # ( ) River Basin Adj. Wtr. Body Closest Maj. Wtr. Body (nat /man /unkn) Type of Project/ Activity - (Scale: ) Pier (dock) length Fixed Platform(s) -' - Floating Platform(s) Finger pier(s) - _ _ Groin length number - -- I •. - - Bulkhead/Ripaplength avg distance offshore --4, i+ (I_:-' -'-- max distance offshore 1 Basin, channel- cubic yards Boat ramp - - Boathouse/ Boatli(t - - -- - Beach Bulldozing Other - Shoreline Length ., .- ._-. -_.- SAM not sure yes !n9 Moratorium: n/a yes (io> _ .+ x6LI 4AH _Cil I'T _ Photos: yes h9 — Waiver Attached: yes (no) A building permit may be required by: ' • - ❑ See note on back regarding River Basin rules. ( Note Local Planning Jurisdiction) Notes/ Special Conditions Agent or Applicant Printed Name PermitOfficer's Printed Name Signature **Please read compliance statement on back of permit** Application Fee(s) Check # Signature Issuing Date Expiration Date 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 [)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, certifythat this project is consistentwith 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 Resources. Contact the Division of Water Resources 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 Morehead City Headquarters 400 Commerce Ave Morehead City, NC 28557 252-808-2808/ 1-888-411COAST Fax: 252-247-3330 (Serves: Carteret, Craven, Onslow - North of New River Inlet- and Pamlico Counties) Elizabeth City District 401 S. Griffin St. Ste. 300 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 - South of New River Inlet - and Pender Counties) http://portal.ncdenr.org/web/cm/dcm-home Revised 7/06/17 No. _ N'6AMA / C�REDGE & FI rev %499s A B C O �GENERAL PER 1 Previous permit # ew ❑Modification ❑Comp to issue []Partial Reissue Date previous permit issued As authorized by the State of North Carolina, Department of Environmental Quality li —7H• i (tr o and the Coastal Resources Commission in an area of environmental concern pursgant to I SA NCAC [6HCules attached. �}yluj Ji" Vrntt yJ aK�YP/ y Project Location: County Ir 4pplicant Name Tr` 6= i i.� j ' j�qg' /�. Je v. t! C d Street Address/ State Road/ Lot #(s) 4ddress S�iB r Bfi®ye a' ,U1'%�{/Nel�? City Ws StateN L ZIP3�e�N�l amori� Phone # (oil` ) 70 9000 E-Mail P hAyriIe, CCdai )i°v Subdivision 31 ZIP o Phr1 r,� r jf,�rrrr,�1 ciri W/1r"1�� 1 Authorized Agent River Basin Affected ❑CW &CW FfTA DES ❑PTS Phone# (_ — r r nAl ❑ OEA ❑ HHF ❑ IH ❑ UBA ❑ WA Adj. Wtr. Body �' ��� Vunnkn AEC(s): ❑ Pws. ° f r.. fi �� !-�— n Closest Maj. Wtr. Body ORW: yes / PNA /e / no Type of Project/ Activity. IA - Pier (dock) length .—. Fixed Platform(s) — —' Floating Platform(s) — L. Finger pier(s) Groin length number — ~ Bulkhead/ Piprap length I avg distance offshore max distance offshore_ Basin, channel cubic yards Boat ramp — Boathouse/ Boadift Beach Bulldozing 3a6.> Other Shoreline Length SAV: notsure yes -- Moratorium: n/a yes Photos: yes Attached: es U t+/ J el is jjf'l f Waaiver y A building permit may be required by: ( Note Local Planning Jurisdiction) ©•�A� „r�Ir _^ L Notes/Special LLConditions 11 L ..AJ r' .rTrM_ IJA iAJ'r JI� 1N'' ..''v lz"l �.v�A Gcw- I^si+.rlrW,\ A.: jj Agent or Applicant Printed Name Signature `Please read compliance statementoonnbackk oyff ermiit}** ��50.00 �✓af � �J �( Imo. r 1 . Check# o� r4b�M�.lt& Lela (Scale: NIA ❑ See noteonback regarding River Basin rules. ._:,�r iY.II ✓,1L'T(-.n '7sT /�Ila' �c 1'1inr�a:1 D.'C 1,ce II )-brI A- JaYV ✓f 3/i�av, .I'M Acn LeAe Permit Officer' rin ed Name Signature ' ) ) /a',Z_ 1_0 Issuing �te �iif `J Expiration Date f :s IIj f NC Division of Coastal Mgt. Application Computer Sheet, Page 3 of 4) Applicant: C1�"�� iT Date: Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. Habitat Name DISTURB TYPE Choose One TOTAL Sq. Ft. (Applied for. Disturbance total includes any anticipated restoration or temp impacts) FINAL Sq. Ft. (Anticipated final disturbance. Excludes any restoration and/or temp im act amount) TOTAL Feet (Applied for. Disturbance total includes any anticipated restoration or temp, impacts) FINAL Feet (Anticipated final disturbance. Excludes any restoration and/or temp impact amount Lo�7'f"a W✓� Dredge &' Fill [Both Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other [I 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 ❑ 252-808-2808 :: 1.888.4RCOAST :: vvvvw nccoastalmanagement.net revised: 02/15/10 a STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Roy COOPER GOVERNOR October 4, 2019 N.C. Department of Environmental Quality Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 Attn: Mr. Stephen Lane NCDOT Coordinator Dear Sir: JAMES H. TROGDON, III SECRETARY Subject: Application for a CAMA General Permit for installation of a submarine cable associated with the Isabel Holmes Memorial Bridge Preservation project on US 74/NC 133 over the Northeast Cape Fear River, New Hanover County. Debit $400.00 from WBS 15BPR.14. Please find enclosed the North Carolina Division of Coastal Management Major Permit Forms (MP-1 and MP-2) and plans for the above referenced project. The North Carolina Department of Transportation (NCDOT), Division of Highways proposes to complete bridge preservation activities on the Isabel Holmes drawbridge over the Northeast Cape Fear River on US 74/NC 133 in Wilmington, NC. These activities include the replacement of a buried submarine cable that conveys power to the drawbridge mechanism. All work will occur within NCDOT right-of-way (ROW) or previously acquired easements. The Isabelle Holmes drawbridge conveys US 74/NC 133 over the Northeast Cape Fear River. An underwater cable that works the drawbridge mechanism is being replaced. The contractor will complete the work between the fenders by divers using a handheld vacuum device powered by a hydraulic pump (mounted on a barge) to remove sediment, then captured in geotextile dewatering bags and disposed of off -site. If site conditions allow, the contractor will attempt the suction method beneath the fenders. If not, the contractor will jet beneath the fenders. Composite armored cables (4) encased in HDPE pipe will be buried below the mudline. Total linear footage of the cable based on the proposed alignment is approximately 300 ft. RECEIVED This project was let to construction on February 19, 2019. Regulatory Approvals OCT 0 7 2019 DCM-MHD CITY NCDOT requests that the proposed utility work associated with this project be authorized under a Coastal Area Management Act General Permit. The adjacent riparian landowner return receipts will be provided once they are received. Authorization to debit the $400 Permit Application Fee from WBS Element 15BPR.14 is hereby given. Mailing Address: Telephone: (919) 707-6000 Location.: NC DEPARTwm OF TRANSPORTATION Fax: (919) 212-5785 1000 BIRCH RIDGE DRIVE ENV IRoNMENT ANALYSIS UMT Ciatonter Service: 1-877-368-4968 RALEIGH NC 27610 1598 MAIL SERVICE CENTER RALEIGHNC27699-1598 Website: www.nedo[gov Section 404 and 401 permit approvals are also required for this work. A copy of this permit application will be posted on the NCDOT Website at: httos://afer.services.ncdot.gov/pdea/PerinApps/. Thank you for your assistance with this project. If you have any questions or need additional information, please contact Gordon Cashin at gcashin@ncdot.gov or (919) 707-6107. Sincerely, Philip S. Harris III, P.E., C.P.M. Environmental Analysis Unit Head RECEIVED ou 07 2019 DCM-MHD CITY I . �� �"! ; I I I .... 1 DCM MP-1 APPLICATION for Major Development Permit (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) North Carolina Department Of Transportation (NCDOT) Isabel Holmes Memorial Bridge Preservation (15BPR,14) Applicant 1: First Name MI Last Name Philip S Harris Applicant 2: First Name MI Last Name It additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State 1548 Mail Service Center Raleigh NC ZIP Country Phone No. FAX No. 276991548 USA 919-707-6000 ext. 919-212-5785 Street Address (if different from above) City State ZIP 1000 Birch Ridge Dr. Raleigh NC 27610-4328 Email pharris@ncdot.gov 2. Agent/Contractor Information Business Name Agent/ Contractor 1: First Name MI Last Name Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box city State ZIP Phone No. 1 - - ext. Phone No. 2 - - ext. FAX No. Contractor# Street Address (if different from above) City State ZIP Email <Form continues on back> RECEIVED OCT 0 7 2019 DCM-MHD CITY 252-808-2808 :: 1-888-4RCOAS7 :: www.necoastaimanagement.net Form DCM MPA (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # New Hanover Martin Luther King Jr. Parkway/US 74/NC 133 Subdivision Name city Stale Zip N/A Wilmington NC - Phone No. Lot No.(s) (if many, attach additional page with list) N/A - - ext. N/A, a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Cape Fear Northeast Cape Fear River 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 Northeast Cape Fear River 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. All work will be completed within NCDOT right-of-way or easements 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) Northeast Cape Fear River: 600 ft. 363,300 sq ft. (approximately 8.4 acres) c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or N/A, I N WL (normal water level) (If many lot sizes, please attach additional page with a list) ❑NHW or ❑NWL e. Vegetation on tract Maintained grass, shrub -scrub, tidal marsh. f. Man-made features and uses now on tract Transportation facility and right-of-way. g. Identify and describe the existing land uses adjacent to the proposed project site. This section of US 74 is adjacent to residential, commercial, and industrial development associated with downtown Wilmington. h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? All work will be completed within NCDOT right -of- (Attach zoning compliance certificate, if applicable) way/easements or attached to existing bridges. ❑Yes ONO ®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> m. (1) Are there wetlands on (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) 252-808-2808 .. 1-888-4RCOAST .. www.nccoastalmanagement.AIQM-MHD CITY Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit n. Describe existing wastewater treatment facilities. None o. Describe existing drinking water supply source. None p. Describe existing storm water management or treatment systems. Various transportation -related storm water management facilites (grassed swales, bridge deck drainage systems, etc.) 5. Activities and Impacts a. WII the project be for commercial, public, or private use? ❑Commercial RPubliclGovernment ❑Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The Isabelle Holmes drawbridge conveys US 74/NC 133 over the Northeast Cape Fear River; as part of a preservation project, an underwater cable that works the drawbridge mechanism is being replaced. The use and daily operations of the transportation facility will remain unchanged once the project is complete. 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. Between the fenders, divers will use a handheld vacuum device powered by a barge mounted hydraulic pump to remove sediment, then captured in geotextile dewatering bags and disposed of off -site. If site conditions allow, the contractor will attempt the suction method beneath the fenders. If not, the contractor will jet beneath the fenders. d. List all development activities you propose. Installation of a submarine cable beneath the river bottom the existing bridge. Other maintenance/rehab activiites will occur as well which are described in the attached scope of work. e. Are the proposed activities maintenance of an existing project, new work, or both? Both f. What is the approximate total disturbed land area resulting from the proposed project? 1,350 RSq.Ft or []Acres g. Wit the proposed project encroach on any public easement, public accessway or other area ❑Yes RNo DNA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. All work will be completed within NCDOT right-of-way. Other than suction and/orjetting discussed above, no other discharges to streams or wetlands are anticipated i. WII wastewater or stonnwater be discharged into a wetland? ❑Yes RNo ❑NA If yes, will this discharged water be of the same salinity as the receiving water? Dyes ❑No ❑NA j. Is there any mitigation proposed? []Yes RNo ❑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) — (0 are always applicable to any major development application. Please consult the application Instruction booklet on how to property 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. 252-808-2808 .. 1-888-4RCOAST .. www.nccoastalmanagement.netOCT 072019 DCM-MH® CITY Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 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 see attached letters Phone No. Address Name Phone No. Address Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, pernillee, and issuing dates. 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 that the information provided in this application is truthful to the best of my knowledge. Date 0,Aviaer 4. a01 9 Print Name Nh' P S• Fla.rr�s � , P• E'., C•P•M- Signature IF Please indicate application attachments pertaining to your proposed project. RECEIVED ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development OCT 0 7 2019 ❑DCM MP-4 Structures Information DCM-MHD CITY 252-808-2808 :: 1.888-4RCOAST :: www.nccoastalmanagement.net E �,�-, .�� e���� , � �� ': ' ;a.� '.;:.;' � . f 7,1y9. -f � . 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. Access Other Channel (NLW or Canal Boat Basin Boat Ramp Rock Groin Rock Breakwater (excluding shoreline NWL) stabilization Length 300' +/- Width 6.5' +/- (avg.) Avg. Existing NA NA NA Depth 3.5'+/- (avg.) Final Project F NA NA below Depth ne 1. EXCAVATION a. Amount of material to be excavated from below NHW or NWL in cubic yards. 190 CY 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 ❑WL NNone (ii) Describe the purpose of the excavation in these areas: Replacement of permanent submarine cable at existing bascule bridge. 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area. To be determined by Contractor. c. (i) Do you claim title to disposal area? ❑Yes ❑No NNA (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 NNone (ii) Describe the purpose of disposal in these areas: Removal of excavated material. []This section not applicable b. Type of material to be excavated. Existing river bottom material, silt/mud/muck d. High -ground excavation in cubic yards. NA ❑This section not applicable b. Dimensions of disposal area. To be determined by Contractor. d. (i) Will a disposal area be available for future maintenance? ❑Yes [-]No NNA (ii) If yes, where? f. (i) Does the disposal include any area in the water? []Yes NNo ❑NA (ii) If yes, how much water area is affected? OCT 0 7 2019 DCM-MHU1 CITY 252-808-2808 :: 1.888-4RCOAST :: www.nccoastalmanagement.net revised: 12/26/06 Farm DCM MP-2 (Excavation and Fill, Page 2 of 2) ❑Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: Width: _ c. Average distance waterward of NHW or NWL: d. Maximum distance waterward of NHW or NWL: e. Type of stabilization material: f. (i) Has there been shoreline erosion during preceding 12 months? [-]Yes ❑No DNA (ii) If yes, state amount of erosion and source of erosion amount information. g. Number of square feet of fill to be placed below water level. h. Type of fill material. Bulkhead backfill Riprap _ Breakwater/Sill_ Other_ i. Source of fill material. 4. OTHER FILL ACTIVITIES El This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? ®Yes ❑No El NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW), If yes, submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the u Amount of material to be laced in the water 190 CY () P number of square feet affected. (iii) Dimensions of fill area 3001 x 6.5'W x 3.5'Deeo (approx.) ❑CW ❑SAV ❑SB (iv) Purpose of fill ❑WL ®None Backfill over new permanent submarine cable at existing (ii) Describe the purpose of the fill in these areas: bascule bridge. 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)? To be completed once method of excavation finalized. To be determined by Contractor. C. (i) Will navigational aids be required as a result of the project? d. (i) Will wetlands be crossed in transporting equipment to project ®Yes ❑No ❑NA site? ❑Yes ®No DNA (it) If yes, explain what type and how they will be implemented. (ii) If yes, explain steps that will be taken to avoid or minimize Anticipate temporary barges or other water -based environmental impacts. excavation/backfilling equipment will have navigational lights or _ aids as required by USCG. &*&bee, K,.2olq PWi-p S.K%rns,M,4E,cptA Date North Carolina Department of Transportation DG/�rrv.-� NCDOT Project No. 15BPR.14 Applicant Name ""`r v cu Rehabilitation of Isabel Holmes Bascule Bridge and Fixed Approach Spans e ,, OCT U 7� g Project Name Applicant Signature DCM-hAHD CITY 252-808-2808 :: 1-888.4RCOAST :: www.nccoastalmanagement.net revised: 12/26/06 a STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION ROY COOPER GOVERNOR October 4, 2019 Dear Landowner: JAMES H. TROGDON, III SECRETARY The North Carolina Department of Transportation is planning additional maintenance activities for the Isabel Holmes Memorial draw bridge that conveys US 74/NC 133 over the Northeast Cape Fear River in New Hanover County. This project crosses an Area of Environmental Concern, as defined by the North Carolina Division of Coastal Management (DCM), and must be approved by the DCM under provisions of the Coastal Area Management Act (CAMA). One of the prerequisites to this approval is that adjacent riparian landowners be given an opportunity to comment on the proposal. A vicinity map and site drawings are enclosed for your review. The attached form is submitted to ensure that you have an opportunity to comment on the proposal. The work planned is depicted in the attached drawings. If you have no objections to the proposal, please return the form with your response within 10 days to this office. If you do have objections to the project, please forward your comments to: Mr. Stephen Lane N.C. Division of Coastal Management 400 Commerce Ave. Morehead City, NC 28557 Thank you for your cooperation. Sincerely, Philip S. Harris III, P.E., C.P.M. Environmental Analysis Unit Head Enclosures cc: Stephen Lane, NCDCM RECEIVED OCT 072019 DCM-MHD CITY Mailing Address: Telephone.' (919) 707-6000 Location: NC DEPART➢IENT OF TRANSPORTATION Fax: (919) 212-5785 1000 BIRCH FUDGE DRIvE ENVIRONA wANALYSIS UNIT Customer Service: 1-877-368-4968 RALEIGH NC 27610 1598 MAIL SERVICE CENTER Website: W .ncdot.gov RALEIGH NC 27699-1598 ADJACENT RIPARIAN LANDOWNER STATEMENT (Updates to the Isabel Holmes Memorial Draw Bridge New Hanover County) NCDOT Project 15BPR.14 General Statutes and Division of Coastal Management Major Development Permit approval procedures require that riparian landowners with property adjoining a proposed development in an Area of Environmental Concern (AEC) be given ten (10) days in which to comment on the proposed development. This form allows the adjacent riparian landowner to express either: (1) that he objects to the project; or, (2) that he does not object and desires to waive his/her right to the 10-day period so that the processing of the application can progress more rapidly. Of course, the adjacent riparian landowner need not sign this form at all if he/she so chooses. I, , am an adjacent riparian property owner and am aware of the North Carolina Department of Transportation's plans perform maintenance associated with the Isabel Holmes Memorial draw bridge in New Hanover County. I am further aware that this work will occur in one or more Areas of Environmental Concern and therefore will require authorization from the Division of Coastal Management in accordance with the Coastal Area Management Act (LAMA). I have no objection to the project as presently proposed and hereby waive that right of objection as provided in General Statute 113-229 I have objections to the project as presently proposed and my comments are attached Signature of Adjacent Riparian Landowner Date Phone Number with Area Code RECEIVED OCT 0 7 2019 DCM-MHD CITY Lane, Stephen From: Rivenbark, Chris Sent: Wednesday, November 20, 2019 10:40 AM To: Lane, Stephen; Shaver, Brad E SAW (Brad.E.Shaver@usace.army.mil); Steenhuis, Joanne Cc: Cashin, Gordon E; Herndon, T. Mason Subject: RE: Isabel Holmes Bridge Submarine Cable Installation Attachments: NMFS Concurrence SERO-2019-00475 Isabel Holmes Bridge Cable Installation_FINAL.pdf; manatee_guidelines.pdf; sea turtle and smalltooth_sawfish_construction_conditions 3-23-06.pdf, 20191338 Isabel Holmes Oct 19.docx.pdf Good morning Steven, I spoke with the contractor today and they plan to stick with the previous method (diver in water), though they may add a camera in addition to the diver. The contractor has agreed to follow requirements in the attached documents. The 401 is attached as well. Please let us know if you need anything else. NCDOT- Environmental Analysis Unit (919) 707-6152 From: Lane, Stephen <stephen.lane@ncdenr.gov> Sent: Tuesday, November 19, 2019 10:08 AM To: Rivenbark, Chris <crivenbark@ncdot.gov>; Shaver, Brad E SAW (Brad.E.Shaver@usace.army.mil) <Brad.E.Shaver@usace.army.mil>; Steenhuis, Joanne <joanne.steenhuis@ncdenr.gov> Cc: Cashin, Gordon E <gcashin@ncdot.gov>; Herndon, T. Mason <tmherndon@ncdot.gov> Subject: RE: Isabel Holmes Bridge Submarine Cable Installation Hi Chris, Thank you for the updated information. DCM has solicited and received comments from DMF and WRC, and in consideration of these comments, DCM would not have objections to the revised methodology. Could you please send me an email confirming which methodology would be utilized and a list of other environmental commitments DOT has made in conjunction with the work. Once I have received that, I should be able to get the GP to you in short order. Thanks, Stephen From: Rivenbark, Chris <crivenbark@ncdot.gov> Sent: Friday, November 08, 2019 7:27 AM To: Shaver, Brad E SAW (Brad.E.Shaver@usace.armv.mil) <Brad E Shaver@usace.army.mil>; Steenhuis, Joanne <ioanne.steenhuis@ncdenr.gov>; Lane, Stephen <stephen.lane ncdenr.gov> Cc: Cashin, Gordon E <gcashin@ncdot.gov>; Herndon, T. Mason <tmherndon@ncdot.gov> Subject: Isabel Holmes Bridge Submarine Cable Installation Good morning folks, The contractor is looking at using another sub for the submarine cable install and they want to modify the method of installation slightly. We don't think it changes the intent at all, but we wanted to confirm with you. The original plan was to use a diver held suction rig to lift material from the river bottom into the spoil storage on the barge. The sub is proposing to use support from a crane that allows the suction tube to be guided from the surface rather than divers but the system would still take all spoils onto a barge. This would have no additional impacts and sounds safer in my opinion. Can you let us know if this would be allowed and if so, do you need any additional information from us? Thank you, Chris Rivenbark Environmental Analysis Unit North Carolina Department of Transportation 919 707 6152 office criven bark(c)ncdot. gov 1598 Mail Service Center Raleigh, NC 27699-1598 1000 Birch Ridge Drive Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties. Lane, Stephen From: Lane, Stephen Sent: Tuesday, November 19, 2019 10:08 AM To: Rivenbark, Chris; Shaver, Brad E SAW (Brad.E.Shaver@usace.army.mil); Steenhuis, Joanne Cc: Cashin, Gordon E; Herndon, T. Mason Subject: RE: Isabel Holmes Bridge Submarine Cable Installation Hi Chris, Thank you for the updated information. DCM has solicited and received comments from DMF and WRC, and in consideration of these comments, DCM would not have objections to the revised methodology. Could you please senc me an email confirming which methodology would be utilized and a list of other environmental commitments DOT has made in conjunction with the work. Once I have received that, I should be able to get the GP to you in short order. Thanks, Stephen From: Rivenbark, Chris <crivenbark@ncdot.gov> Sent: Friday, November 08, 2019 7:27 AM To: Shaver, Brad E SAW (Brad. E.Shaver@ usace.army.mil) <Brad.E.Shaver@usace.army.mil>; Steenhuis, Joanne <joanne.steenhuis@ncdenr.gov>; Lane, Stephen <stephen.lane@ncdenr.gov> Cc: Cashin, Gordon E <gcashin@ncdot.gov>; Herndon, T. Mason <tmherndon@ncdot.gov> Subject: Isabel Holmes Bridge Submarine Cable Installation Good morning folks, The contractor is looking at using another sub for the submarine cable install and they want to modify the method of installation slightly. We don't think it changes the intent at all, but we wanted to confirm with you. The original plan was to use a diver held suction rig to lift material from the river bottom into the spoil storage on the barge. The sub is proposing to use support from a crane that allows the suction tube to be guided from the surface rather than divers but the system would still take all spoils onto a barge. This would have no additional impacts and sounds safer in my opinion. Can you let us know if this would be allowed and if so, do you need any additional information from us? Thank you, Chris Rivenbark Environmental Analysis Unit North Carolina Department of Transportation 919 707 6152 office crivenbark cDncdot.aov 1598 Mail Service Center Raleigh, NC 27699-1598 1000 Birch Ridge Drive Raleigh, NC 27610 Lane, Stephen From: Weychert, Curtis R Sent: Monday, November 18, 2019 2:23 PM To: Lane, Stephen; Wilson, Travis W. Subject: RE: Isabel Holmes Bridge Submarine Cable Installation No comment about the proposed changes. From: Lane, Stephen <stephen.lane@ncdenr.gov> Sent: Friday, November 08, 2019 10:26 AM To: Weychert, Curtis R <curt.weychert@ncdenr.gov>; Wilson, Travis W. <travis.wilson@ncwildlife.org> Subject: FW: Isabel Holmes Bridge Submarine Cable Installation Could you please review this and let me know if you have any concerns? Please feel free to give me a call if you would like to discuss further or have any suggestions. Thanks, Stephen From: Rivenbark, Chris <crivenbark@ncdot.gov> Sent: Friday, November 08, 2019 7:27 AM To: Shaver, Brad E SAW (Brad.E.Shaver@usace.armv.mi[)<Brad.E.ShaverCilusace.armv.mil>; Steenhuis, Joanne <ioanne.steenhuis@ncdenr.gov>; Lane, Stephen <steohen.lane@ncdenr.gov> Cc: Cashin, Gordon E <gcashin@ncdot.gov>; Herndon, T. Mason <tmherndon@ncdot.gov> Subject: Isabel Holmes Bridge Submarine Cable Installation Good morning folks, The contractor is looking at using another sub for the submarine cable install and they want to modify the method of installation slightly. We don't think it changes the intent at all, but we wanted to confirm with you. The original plan was to use a diver held suction rig to lift material from the river bottom into the spoil storage on the barge. The sub is proposing to use support from a crane that allows the suction tube to be guided from the surface rather than divers but the system would still take all spoils onto a barge. This would have no additional impacts and sounds safer in my opinion. Can you let us know if this would be allowed and if so, do you need any additional information from us? Thank you, Chris Rivenbark Environmental Analysis Unit North Carolina Department of Transportation 919 707 6152 office criven barkancdot.gov 1598 Mail Service Center Lane, Stephen From: Wilson, Travis W. Sent: Thursday, November 14, 2019 3:04 PM To: Lane, Stephen Subject: RE: Isabel Holmes Bridge Submarine Cable Installation I have no issues with the proposed change From: Lane, Stephen <stephen.lane@ncdenr.gov> Sent: Friday, November 08, 2019 10:26 AM To: Weychert, Curtis R <curt.weychert@ncdenr.gov>; Wilson, Travis W. <travis.wilson@ncwildlife.org> Subject: FW: Isabel Holmes Bridge Submarine Cable Installation Could you please review this and let me know if you have any concerns? Please feel free to give me a call if you would like to discuss further or have any suggestions. Thanks, Stephen From: Rivenbark, Chris <crivenbark@ncdot.gov> Sent: Friday, November 08, 2019 7:27 AM To: Shaver, Brad E SAW (Brad.E.Shaver@usace.army.mil) <Brad.E.Shaver@usace.army. mII>; Steenhuis, Joanne <ioanne.steenhuis@ncdenr.gov>; Lane, Stephen <stephen.lane@ncdenr.eov> Cc: Cashin, Gordon E <gcashin(@ncdot.gov>; Herndon, T. Mason <tmherndon@ncdot.gov> Subject: Isabel Holmes Bridge Submarine Cable Installation Good morning folks, The contractor is looking at using another sub for the submarine cable install and they want to modify the method of installation slightly. We don't think it changes the intent at all, but we wanted to confirm with you. The original plan was to use a diver held suction rig to lift material from the river bottom into the spoil storage on the barge. The sub is proposing to use support from a crane that allows the suction tube to be guided from the surface rather than divers but the system would still take all spoils onto a barge. This would have no additional impacts and sounds safer in my opinion. Can you let us know if this would be allowed and if so, do you need any additional information from us? Thank you, Chris Rivenbark Environmental Analysis Unit North Carolina Department of Transportation 919 707 6152 office c riv e n ba rk(cD n cd ot. a ov 1598 Mail Service Center Lane, Stephen From: Lane, Stephen Sent: Monday, October 07, 2019 4:14 PM To: Weychert, Curtis R Subject: RE: [External] FW: [Non-DoD Source] SERO-2019-00475 Isabel Holmes Bridge Cable Installation I will plan to move forward with the GP for this project. Thanks for reviewing this for me and your input Stephen -----Original Message ----- From: Weychert, Curtis R <curt.weychert@ncdenr.gov> Sent: Tuesday, October 01, 2019 8:50 AM To: Lane, Stephen <stephen.lane@ncdenr.gov> Subject: RE: [External] FW: [Non-DoD Source] SERO-2019-00475 Isabel Holmes Bridge Cable Installation Stephen, after reviewing the documentation, I have no overwhelming concerns. They are making all efforts to reduce turbidity in the removal and with the fill material. I will defer to NOAA protected resources about specific concerns with sturgeon. I do not see this project as having a significant adverse impact on fish habitat. -----Original Message ----- From: Lane, Stephen <stephen.lane@ncdenr.gov> Sent: Friday, September 27, 2019 5:01 PM To: Weychert, Curtis R <curt.weychert@ncdenr.gov> Subject: FW: [External] FW: [Non-DoD Source] SERO-2019-00475 Isabel Holmes Bridge Cable Installation Additional info. on Isabel Holmes project. Give me a call on my cell phone at 252-617-3191 on this when you have had time to look it over so we can discuss. Thanks, Stephen -----Original Message ----- From: Rivenbark, Chris <crivenbark@ncdot.gov> Sent: Friday, September 27, 2019 9:44 AM To: Lane, Stephen <stephen.lane@ncdenr.gov> Subject: FW: [External] FW: [Non-DoD Source] SERO-2019-00475 Isabel Holmes Bridge Cable Installation This is the concurrence from NOAA Chris Rivenbark NCDOT- Environmental Analysis Unit (919)707-6152 -----Original Message ----- From: Shaver, Brad E CIV USARMY CESAW (USA) <Brad.E.Shaver@usace.army.mil> Sent: Thursday, September 19, 2019 8:29 AM To: Herndon, T. Mason <tmherndon@ncdot.gov>; Rivenbark, Chris <crivenbark@ncdot.gov> Subject: [External] FW: [Non-DoD Source] SERO-2019-00475 Isabel Holmes Bridge Cable Installation CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report.spam@nc.gov<mailto:report.spam@nc.gov> FYI -----Original Message ----- From: Shelby Creager - NOAA Affiliate [mailto:shelby.creager@noaa.gov] Sent: Wednesday, September 18, 2019 3:22 PM To: Shaver, Brad E CIV USARMY CESAW (USA) <Brad.E.Shaver@usace.army.mil> Cc: Karla Reece - NOAA Federal <karla.reece@noaa.gov>; Teletha Mincey - NOAA Federal <teletha.mincey@noaa.gov> Subject: [Non-DoD Source] SERO-2019-00475 Isabel Holmes Bridge Cable Installation Hi Brad, Please see the attached signed letter for the subject consultation Thank you, Shelby Shelby Creager Endangered Species Biologist Earth Resources Technology, Inc. NOAA - National Marine Fisheries Service Southeast Regional Office, Protected Resources Division 263 13th Ave South St. Petersburg, FL 33701 shelby.creager@noaa.gov <mailto:shelby.creager@noaa.gov> 727-209-5951 (Office) Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties. DocuSign Lnvelope ID: DDE46506-13024M 1-856A-B854FF4BBAC9 ROY COOPER earemor MICHAEL S. REGAN Srcrrmry LINDA CULPEPPER nlreciv NORTH CAROLINA Emironmentaf Quality October 8, 2019 New Hanover County NCDWR Project No. 20191338 Isabel Holmes Cable replacement WEIS 15BPR.14 APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS Mr. Gordon Cashin NCDOT 1000 Birch Ridge Drive Raleigh, NC 276I0 Dear Mr. Cashin: You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of replacing of a buried submarine cable that will convey power to the drawbridge for the Isabel Holmes Memorial Bridge in the Northeast Cape Fear River in New Hanover County: Open Water Im pacts In the Cape Fear River Basin Site Permanent FIB in Open Waters (ac) Temporary Fill in Open Waters (ac) Total Fill in Open Waters (ac) Site 1 (Cable installation) 0.04 0.04 Total 0.04 0.04 Total Open Water Impact for 0.04 acres. The project shall be constructed in accordance with your application dated received October 7, 2019. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Number 4133. This certification corresponds to the Nationwide Permit 12 issued by the Corps of Engineers. In addition, you should acquire any other federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non -Discharge and Water Supply Watershed regulations. This approval will expire with the accompanying 404 permit. This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change, you must notify the NCDWR and submit a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or of total impacts to perennial streams (now or in the future) exceed 300 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you must adhere to the conditions listed in the attached certification and any additional conditions listed below. (. Nwlh Cav+Fna Orpanmenl nl EnvuonmrnlalQwllty I VM%lwof Wotrr Rtvo,,cxs WAminglon Rrglonal Office 1127Cardinal Orlve Extension I Wilmington. North Carolina 28405 ''��!! 91079b.7215 DocuSign Envelope ID: DDE4B506-1302-4A11-856A-B854FF4BBAC9 r Conditions of Certification: Project Specific Condition I. The NCDOT Division Environmental Officer or Environmental Assistant will conduct a pre -construction meeting with all appropriate staff to ensure that the project supervisor and essential staff understand the potential issues with stream and pipe alignment at the permitted site. NCDWR staff shall be invited to the pre -construction meeting. [15A NCAC 02H.0506(b)(2) and (b)(3) General Conditions 2. Unless otherwise approved in this certification, placement of culverts and other structures in open waters and streams shall be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and downstream of the above structures. The applicant is required to provide evidence that the equilibrium is being maintained if requested in writing by NCDWR. If this condition is unable to be met due to bedrock or other limiting features encountered during construction, please contact NCDWR for guidance on how to proceed and to determine whether or not a permit modification will be required. [15A NCAC 02H.0506(b)(2)] 3. 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. [15A NCAC 02B.02001 4. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S. or protected riparian buffers. (I5A NCAC 02H.0506(b)(2)] 5. The dimension, pattern and profile of the stream above and below the crossing shall not be modified. Disturbed floodplains and streams shall be restored to natural geomorphic conditions. [I5A NCAC 02H.0506(b)(2)] 6. The use of rip -rap above the Normal High Water Mark shall be minimized. Any rip -rap placed for stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. [15A NCAC 02H.0506(b)(2)] 7. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. [ i 5A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 8. All work in or adjacent to stream waters shall be conducted in a dry work area. 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. [15A NCAC 02H.0506(b)(3) and (c)(3)] 9. Heavy equipment may be operated on a barge within the stream channels however; its usage shall minimize sediment from entering the channel. [15A NCAC 02H.0506(b)(2) & (3)] 10. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials. [15A NCAC 02H.0506(b)(3)] 11. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification. [ 15A NCAC 02H.0506(b)(3)] D6cusiiWf'nvelope ID: DDE4BSW1302-4Att-856A-B854FF4BBAC9 12. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. [I5A NCAC 02H.0506(b)(3)] 13. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act) and any other appropriate requirements of State and Federal law. if the NCDWR determines that such standards or laws are not being -met (including_the_failure -to.sustain . a. designated or_achie_vedAm) or that State or federal law is being violated, or that further conditions are necessary to assure compliance, the NCDWR may reevaluate and modify this certification. [15A NCAC 02B.0200] 14. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. [I5A NCAC 02H.0506(b)(2)] 15. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on -site project manager. [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 16. The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification. [15A NCAC 02H.0501 and .0502] 17. The issuance of this certification does not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and sedimentation control requirements, etc. IB. The Permittee shall report any violations of this certification to the Division of Water Resources within 24 hours of discovery. 115A NCAC 02B.0506(b)(2)] 19. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division Engineer shall complete and return the enclosed "Certification of Completion Form" to notify the NCDWR when all work included in the 401 Certification has been completed. [15A NCAC 02H.0502(f)] 20. Native riparian vegetation must be reestablished in the riparian areas within the construction limits of the project by the end of the growing season following completion of construction. [I5A NCAC 02B.023 I (a)(6)] 21. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with this permit without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction activities.[15A NCAC 02H.0506(b)(3) and (c)(3)] 22. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards [I5A NCAC 02H.0506(b)(3) and (c)(31): a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor -owned or leased borrow pits associated with the project. DocuSign Envelope ID: DDE413506-13024M 1-856A-B854FF4BBAC9 c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 23. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification. [ 15A NCAC 02H.0506(b)(3) and (c)(3)] If you wish to contest any statement in the attached Certification you must file a petition for an administrative hearing. You may obtain the petition form from the office of Administrative hearings. You must file the petition with the office of Administrative Hearings within sixty (60) days of receipt of this notice. A petition is considered filed when it is received in the office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:OOam and S:OOpm, except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed -provided the original and one copy of the document is received by the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Telephone: (919) 431-3000, Facsimile: (919) 431-3100 A copy of the petition must also be served on DEQ as follows: Mr. Bill F. Lane, General Counsel Department of Environmental Quality I601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions, please contact Joanne Steenhuis at (910) 796-7306 or joanne.steenhuis@ncdenr.gov. Sincerely, EDowalpnad by: 9 11DCD0r Linda Culpepper, Director Division of Water Resources Electronic copy only distribution: Brad Shaver, US Army Corps of Engineers, Wilmington Field Office Mason Hemdon, Division 3 Environmental Supervisor Chris Rivenbark, NC Department of Transportation Cathy Brittingham, NC Division of Coastal Management Joanne Steenhuis, NC Division of Water Resources Wilmington Regional Office File Copy U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2019-00085 County: New Hanover Count v U.S.G.S. Quad: Castle Havoc GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: NCDOT attn: Mr. Gordon Cashin Address: 1000 Birch Ridee Road Raleigh NC, 27610 Size (linear feet) 300 Nearest Town Wilmington Nearest Waterway Northeast Cane Fear River River Basin Cave Fear USGS HUC 03030007 Coordinates Latitude: 34.2518955039287 Longitude:-77.9505880731761 Location description: The oroiect is located between the fenders of the Isabel Holmes bridge and through the Cave Fear River, New Hanover County, Description of projects area and activity: This verification covers the installation of a 300 foot linear cable under the Cave Fear River from fender to fender structure. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ® Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number and/or Nationwide Permit Number: NW 12 SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND/OR SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted application dated 10/4/2019 and attached permit drawings dated 9/19/2019. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional general permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide and/or regional general permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide and/or regional general permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide and/or regional general permits expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Morehead City, NC, at (252) 808-2808. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Brad Shaver at (910) 251-4611 or Brad.E.ShaverAusace.armv.mil. SHAVER.BRAD.E.1276 Digitally 519md by SHAVER. BMD.E.1276 W 1756 Corps Regulatory Official: 601756 Data: 2B19A0.16B73M9-0 W Date: October 15, 2019 Expiration Date of Verification: March 18, 2022 SAW-2019-00085 A. Determination of Jurisdiction: 1. ® There are waters on the above described project area that may be subject to Section 404 of the Clean Water Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any work in waters of the United States and prior to any work that could alter the hydrology of waters of the United States. 2. ❑ 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 (RHA) (33 USC § 403) and 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. 3. ❑ There are waters, including wetlands, within the above described project area that are 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. 4. ❑ A jurisdiction determination was not completed with this request. Therefore, this is not an appealable action. However, you may request an approved JD, which is an appealable action, by contacting the Corps for further instruction. 5. ❑ The aquatic resources within the above described project area have been identified under a previous action. Please reference the approved jurisdictional determination issued . Action ID: SAW- B. Basis For Jurisdictional Determination: N/A. An Approved JD has not been completed. C. Remarks: See attached special conditions. 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 our Customer Satisfaction Survey, located online at http://corpsmapu.usace.army.mil/cm apex/PV=136:4:0. Copy furnished: NCDOT-Division 3 attn: Mr. Mason Herndon NCDEO-DWR attn: Ms. Joanne Steenhuis SAW-2019-00085 SPECIAL CONDITIONS Isabel Holmes Bridge Preservation State Project# 15BPR.14 1. All work must be performed in strict compliance with the application dated 10/4/2019 and plan sheets 1-8 of 8 dated 9/19/2019 attached, which are authorized by this permit. Any modification to the authorized permit plans must be approved by the USACE prior to implementation. 2. Failure to institute and carry out the details of the following special conditions, below, will result in a directive to cease all ongoing and permitted work within waters and/or wetlands associated with the permitted project, or such other remedies and/or fines as the District Engineer or his authorized representatives may seek. 3. The permittee will ensure that the construction design plans for this project do not deviate from the authorized permit plans. Any deviation in the construction design plans will be brought to the attention of the Corps of Engineers, Wilmington Regulatory Field Office prior to any active construction in waters or wetlands. 4. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit, and any authorized modifications. A copy of this permit including the authorized plans referenced in Special Condition (1) and authorized modifications, including all conditions, shall be available at the project site during construction and maintenance of this project. 5. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill, or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands, or shall any activities take place that cause the degradation of waters or wetlands. In addition, except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within, into, or out of waters or wetlands or to reduce the reach of waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material or construction equipment within waters or wetlands outside the permitted area. 6. This permit does not authorize the interference with any existing or proposed Federal project, and the Permittee will not be entitled to compensation for damage or injury to the authorized structure or work which may be caused from existing or future operations undertaken by the United States in the public interest. No attempt will be made by the Permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. Use of the permitted activity must not interfere with the public's right to free navigation on all navigable waters of the United States. 7. Upon conclusion of consultation with NOAA Marine Fisheries (NMFS), the applicant is required to install the submarine cable between December 1 and January 31. Any work proposed outside this restricted window will require coordination with the USACE and NOAA Marine Fisheries. S. Additionally, the applicant has agreed to adhere to NMFS's Sea Turtle and Smalltooth Sawfish Construction Conditions and apply them to Atlantic sturgeon. SHAVER.BRAD.E. Digitally signed by 5 HAVER.BRAD.E.1276601756 1276601756 Date: 2019.10,1607:39:54-04'00' Brad Shaver DadMNn Envelope ID: DDE4B506-1302-4A11-856A-B854FF4BBAC9 ROY COOPER Cmmtor MICHAEL S. REGAN 5"retary LINDA CULPEPPER Director NORTH CAROLINA Environmental Quality October 8, 2019 New Hanover County NCDWR Project No. 20191338 Isabel Holmes Cable replacement WBS 15BPR.14 APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS Mr. Gordon Cashin NCDOT 1000 Birch Ridge Drive Raleigh, NC 27610 Dear Mr. Cashin: You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of replacing of a buried submarine cable that will convey power to the drawbridge for the Isabel Holmes Memorial Bridge in the Northeast Cape Fear River in New Hanover County: Open Water Im pacts in the Cape Fear River Basin Site Permanent Fill in Open Waters (ac) Temporary Fill in Open Waters (ac) Total Fill in Open Waters (ac) Site I (Cable installation) 0.04 0.04 Total 0.04 0.04 Total Open Water Impact for 0.04 acres. The project shall be constructed in accordance with your application dated received October 7, 2019. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Number 4133. This certification corresponds to the Nationwide Permit 12 issued by the Corps of Engineers. In addition, you should acquire any other federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non -Discharge and Water Supply Watershed regulations. This approval will expire with the accompanying 404 permit. This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change, you must notify the NCDWR and submit a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or of total impacts to perennial streams (now or in the future) exceed 300 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you must adhere to the conditions listed in the attached certification and any additional conditions listed below. alina Deparinaof Environmenlal Quality! DnWon of Water Rrs aces North Carolina Wilmington Regional Office 1127 Cardinal Drive Extension I WIrnINton.Narlh CaroIIm28405 9107963215 l Q� DocuSlgn Envelope ID: DDE48506-1302-4A11-856A-BB54FF48BAC9 Conditions of Certification: Project Specific Condition I. The NCDOT Division Environmental Officer or Environmental Assistant will conduct a pre -construction meeting with all appropriate staff to ensure that the project supervisor and essential staff understand the potential issues with stream and pipe alignment at the permitted site. NCDWR staff shall be invited to the pre -construction meeting. [15A NCAC 02H.0506(b)(2) and (b)(3) General Conditions 2. Unless otherwise approved in this certification, placement of culverts and other structures in open waters and streams shall be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and downstream of the above structures. The applicant is required to provide evidence that the equilibrium is being maintained if requested in writing by NCDWR. If this condition is unable to be met due to bedrock or other limiting features encountered during construction, please contact NCDWR for guidance on how to proceed and to determine whether or not a permit modification will be required. [15A NCAC 02H.0506(b)(2)] 3. 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. [15A NCAC 02B.0200] 4. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S. or protected riparian buffers. [15A NCAC 02H.0506(b)(2)] 5. The dimension, pattern and profile of the stream above and below the crossing shall not be modified. Disturbed floodplains and streams shall be restored to natural geomorphic conditions. [15A NCAC 02H.0506(b)(2)] 6. The use of rip -rap above the Normal High Water Mark shall be minimized. Any rip -rap placed for stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. [15A NCAC 02H.0506(b)(2)] 7. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 8. All work in or adjacent to stream waters shall be conducted in a dry work area. 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. [15A NCAC 02H.0506(b)(3) and (c)(3)] 9. Heavy equipment may be operated on a barge within the stream channels however; its usage shall minimize sediment from entering the channel. [ 15A NCAC 02H.0506(b)(2) & (3)] 10. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials. [15A NCAC 02H.0506(b)(3)] 11. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification. [I5A NCAC 02H.0506(b)(3)] D6o11Sign Envelope ID; DDE4B506-1302-4A11-856A-B854FF4BBAC9 12. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. [15A NCAC 02H.0506(b)(3)] 13. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act) and any other appropriate requirements of State and Federal law. If the NCDWR determines that such standards or laws are not being met (including the failure to sustain a designated or achieved use) or that State or federal law is being violated, or that further conditions are necessary to assure compliance, the NCDWR may reevaluate and modify this certification. [15A NCAC 02B.0200] 14. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. [I5A NCAC 02H.0506(b)(2)] 15. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on -site project manager. [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 16. The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification. [15A NCAC 02H.0501 and.05021 17. The issuance of this certification does not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and sedimentation control requirements, etc. 18. The Permittee shall report any violations of this certification to the Division of Water Resources within 24 hours of discovery. 115A NCAC 02B.0506(b)(2)] 19. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division Engineer shall complete and return the enclosed "Certification of Completion Form" to notify the NCDWR when all work included in the 401 Certification has been completed. [I5A NCAC 02H.0502(f)] 20. Native riparian vegetation must be reestablished in the riparian areas within the construction limits of the project by the end of the growing season following completion of construction. [I5A NCAC 0213.023l(a)(6)] 21. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with this permit without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction activities.[15A NCAC 02H.0506(b)(3) and (c)(3)] 22. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards [ 15A NCAC 02H.0506(b)(3) and (c)(3]): a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. In. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor -owned or leased borrow pits associated with the project. DocuSign Envelope ID: DDE4B506-1302-4A11-856A-B854FF4BBAC9 c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 23. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification. [15A NCAC 02H.0506(b)(3) and (c)(3)) If you wish to contest any statement in the attached Certification you must file a petition for an administrative hearing. You may obtain the petition form from the office of Administrative hearings. You must file the petition with the office of Administrative Hearings within sixty (60) days of receipt of this notice. A petition is considered filed when it is received in the office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00am and 5:OOpm, except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed -provided the original and one copy of the document is received by the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Telephone: (919) 431-3000, Facsimile: (919) 431-3100 A copy of the petition must also be served on DEQ as follows: Mr. Bill F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. if you have any questions, please contact Joanne Steenhuis at (910) 796-7306 orjoanne.steenhuis@ncdenr.gov. Sincerely, �eocuegnetl by: 12CCDd Lima Culpepper, Director Division of Water Resources Electronic copy only distribution: Brad Shaver, US Army Corps of Engineers, Wilmington Field Office Mason Herndon, Division 3 Environmental Supervisor Chris Rivenbark, NC Department of Transportation Cathy Brittingham, NC Division of Coastal Management Joanne Steenhuis, NC Division of Water Resources Wilmington Regional Office File Copy a UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration NATIONAL MARINE FISHERIES SERVICE r-• Southeast Regional Office 263 1V Avenue South St. Petersburg, Florida 33701-5505 �.rad htti)s,/Mww.fisheries.noaa.gov/region/southeast 09/18/2019 F/SER3I:SBC SERO-2019-00475 Brad Shaver Wilmington Regulatory Field Office U.S. Army Corps of Engineers 69 Darlington Ave. Wilmington, North Carolina 28403 Philip S. Harris III, P.E., CPM, Unit Head Environmental Analysis Unit North Carolina Department of Transportation 1598 Mail Service Center Raleigh, North Carolina 27699-1598 Dear Sirs: This letter responds to your request for consultation with us, the National Marine Fisheries Service (NMFS), pursuant to Section 7 of the Endangered Species Act (ESA) for the following action. Applicant(s) ECO Number Project Type(s) North Carolina SERO-2019-00475 Installation of a submarine cable in the Cape Fear Department of River Transportation Consultation History We received your letter requesting consultation on April 29, 2019. We requested additional information on June 5, 2019. We received a final response on August 29, 2019, and initiated consultation that day. Project Location Address Latitude/Longitude Water body Public Road (US 74/NC 133) including 34.251967°N, 77.950739°W Cape Fear bridge over the Northeast Cape Fear River (North American Datum 1983) River in New Hanover County, North Carolina Image of the project location and surrounding area ((D2015 Google) Existing Site Conditions The project area is located in the Northeast Cape Fear River, approximately 26.8 river miles (rmi) from the Atlantic Ocean in Atlantic sturgeon critical habitat. Existing structures include a submarine cable and bascule (drawbridge) bridge with an over -water bridge length of approximately 840 feet (ft) and an over -water area of approximately 1.3 acres (ac) (54,000 square feet [ft2]). The width of the Cape Fear River at the project area is approximately 850 ft wide. Water depths are approximately 36-41 ft deep per diver's report. The substrate at the Cape Fear River in the vicinity of the proposed crossing is sand and silt. No seagrasses or other marine vegetation are located in the project area. Project Description The U.S. Army Corps of Engineers requests authorization to permit in -water work preservation activities for the North Carolina Department of Transportation (NCDOT) on the Isabel Holmes Bascule Bridge on US 74/NC 133 over the Northeast Cape Fear River. The proposed action will include the replacement of a new buried submarine cable that conveys power to the drawbridge mechanism. Construction will include the installation of 4 composite armored cables encased in high -density polyethylene (HDPE) pipe buried below the mudline. The existing cable is in an adjacent location and is proposed to be left in place. The total linear footage (lin ft) of the new cable based on the proposed alignment is approximately 300 ft. The cable will be installed via trench, which will require excavation to an average depth of 3 ft below the mudline, depending on the location. Only 216 ft of the 300-ft proposed alignment will require trench excavation. The contractor will use a hydraulic suction pump to dig the trench, which would be completed by divers using a handheld vacuum device powered by a hydraulic pump (mounted on a barge) to remove sediment, then captured in geotextile dewatering bags. The proposed method of installation beneath the fenders is to use jetting; however, if site conditions allow, the contractor will attempt the suction method beneath the fenders. The material removed from the trench will be disposed of off -site in an approved manner and in accordance with all applicable federal, state, and/or local laws and regulations. Any material designated as hazardous waste shall be disposed of at an approved hazardous waste site. Sand and silt displaced from any required jetting will not be captured, though these areas would be small. The trench will be backfilled with approximately 72 cubic yards (yd3) of a mixture of crushed stone and sand, crusher dust, or pea gravel. The applicant anticipates that the duration of in -water work will take several weeks (dependent upon weather and other factors) and has agreed to conduct work during daylight hours only. Construction Conditions The applicant has agreed to adhere to NMFS's Sea Turtle and Smalltooth Sawfish Construction Conditions and will apply them to Atlantic sturgeon.' In addition, the applicant will abide by a seasonal restriction for Atlantic sturgeon and restrict cable installation to between December 1 and January 31. A primary nursery area in -water work moratorium of February 1 to September 30 is also in effect for this project. Given the depth and strong current at the project site, NCDOT will not utilize a turbidity curtain. Effects Determination(s) for Species the Action Agency or NMFS Believes May Be Affected by the Proposed Action ESA Listing Action Agency NMFS Effect Species StatuS2 Effect Determination Determination Fish Shortnose sturgeon E None made NLAA Atlantic sturgeon Carolina DPS E None made NLAA Critical Habitat The project is located in Atlantic sturgeon critical habitat Carolina Unit 4. The physical and biological features (PBFs) of the critical habitat are described in the table below. We believe only the salinity gradient and soft substrate (PBF 2), unobstructed water of appropriate depth (PBF 3), and water quality (PBF 4) may be affected by the proposed action. PBF 1 is not present at the project site. ' NMFS. 2006. Sea Turtle and Smalltooth Sawfish Construction Conditions revised March 23, 2006. National Oceanic and Atmospheric Administration, National Marine Fisheries Service, Southeast Regional Office, Protected Resources Division, Saint Petersburg, Florida. https://www.fisheries.noaa.gov/webdam/download/92937961 2 E = endangered; T = threatened; NLAA = may affect, not likely to adversely affect; NE = no effect; NP = not present PBF Identification Features Purpose/Function of PBF Hard Hard bottom substrate (e.g., rock, cobble, gravel, limestone, Necessary for the settlement of fertilized Substrate boulder, etc.) in low salinity eggs and refuge, growth, and development (PBF I) waters i.e., 0.0-0.5 pot ran e) of early life stages Aquatic habitat inclusive of Salinity waters with a gradual Gradient and downstream gradient of 0.5 up to as high as 30 parts per thousand Necessary for juvenile foraging and Soft Substrate and soft substrate (e.g., sand, physiological development (PBF 2) mud) between the river mouth andspawning sites Necessary to support: • Unimpeded movement of adults to and from spawning sites; • Seasonal and physiologically Water of appropriate depth and dependent movement ofjuvenile Unobstructed absent of physical barriers to Atlantic sturgeon to appropriate Water of passage (e.g., locks, dams, salinity zones within the river estuary; Appropriate thermal plumes, turbidity, sound, and Depth (PBF reservoirs, gear, etc.) between • Staging, resting, or holding of 3) the river mouth and spawning subadults or spawning condition sites adults. Water depths in main river channels must also be deep enough (at least 1.2 m) to ensure continuous flow in the main channel at all times when any sturgeon life stage would be in the river Necessary to support: • Spawning; • Annual and inter -annual adult, Water quality conditions, subadult, larval, and juvenile survival; Water Quality especially in the bottom meter of and (PBF 4) the water column, with . Larval, juvenile, and subadult growth, appropriate temperature and development, and recruitment. oxygen values Appropriate temperature and oxygen values will vary interdependently, and depending on salinity in a particular habitat. Analysis of Potential Routes of Effects to Species Sturgeon may be injured due to interaction with the barge -mounted hydraulic suction pump and jetting activities during cable installation. However, we believe this effect is discountable. The suction pumping will be completed by hand via divers and therefore the likelihood of a sturgeon interacting with the suction pump is greatly reduced. By restricting in -water work to December I — February 1, which is outside of the predicted spring and fall spawning period for Atlantic sturgeon, the likelihood of sturgeon presence coinciding with in -water construction is also greatly reduced. If sturgeon are present, they are likely to move away and will be able to access other portions of the river outside of the project area to avoid mechanical equipment during the excavation and installation of the cable. The applicant's implementation of NMFS's Sea Turtle and Smalltooth Sawfish Construction Conditions will further reduce the risk by requiring all construction workers watch for sturgeon. Operation of any mechanical construction equipment will cease immediately if a sturgeon is seen within a 50-ft radius of the equipment. Activities will not resume until the protected species has departed the project area of its own volition. The project area contains habitat that may be used by Atlantic and shortnose sturgeon for spawning, foraging, and refuge. Sturgeon may be temporarily affected by their inability to access the project site due to their avoidance of construction activities and physical exclusion from the project area due to trench dredging and cable installation, however we believe this effect will be insignificant. By restricting in -water work to December I — January 31 which is outside of the predicted spring and fall spawning period for Atlantic sturgeon, the likelihood of sturgeon presence coinciding with in -water construction (e.g., trench excavation and cable installation) is greatly reduced. For any sturgeon that are present during construction, river access at the project site will not be completely blocked at any time during the proposed cable installation. The proposed project will not span the entire width of the river, and therefore will allow sturgeon upriver/downriver access at all times during construction. Upon project completion, pre -project habitat characteristics will be restored, the suction and jetting pump and barge will be removed, and Atlantic sturgeon will have access to the habitat again. In -water work will also only occur during daytime hours, leaving noise -free periods during the night when sturgeon can transit through the area to move upstream or downstream of the project location. Analysis of Potential Routes of Effect to Critical Habitat Trench excavation may affect aquatic habitat with a gradual salinity gradient and soft substrate (PBF 2) by removing soft sediments at the project site used by juvenile Atlantic sturgeon for foraging and physiological development. We believe this effect to PBF 2 will be insignificant. Although the sediment used to backfill the excavated material will consist of a new mixture of hard and soft sediments, the amount of soft sediment removed would be at such a small amount and limited compared to the area of sand and silt available adjacent to the project area and in the Cape Fear River. Excavation and construction will have no effect on the salinity gradient in the project area. The unobstructed water of appropriate depth (PBF 3) may be affected by the proposed action. For the life stages potentially using the action area, PBF 3 refers to water that is free from obstruction such that: spawning adults can make unencumbered movements to the spawning grounds; adults can access staging, resting, and holding habitats; and juveniles can make seasonal and physiologically -dependent movements to appropriate salinity zones within the river. It also refers to the requirement that the main channel be deep enough to ensure that there is continuous flow when adults or juveniles are there. The project will not alter the depth of the main channel. Cape Fear River waters will be partially and temporarily obstructed by the presence of construction equipment and excavation, but these effects will be insignificant due to the temporary nature of the project. By restricting in -water work to December 1 — February 1, which is outside of the predicted spring and fall spawning period for Atlantic sturgeon, the likelihood of sturgeon presence coinciding with in -water construction (e.g., suction pumping or jetting, and cable installation) is greatly reduced. If sturgeon are present, the installation of the cable and dredging activities will only affect a small portion of the river at a time. Water quality (PBF 4) supporting important life functions, such as growth and reproduction, of various life stages of Atlantic sturgeon may be affected by increases in temperature and decreases in Dissolved Oxygen (DO) caused by increased turbidity from cable installation, jetting, and suction pumping to create the trench. Suspended sediments that create turbidity absorb more heat than water molecules, potentially raising the water temperature, and decreasing the ability for oxygen to remain dissolved in the water column. Suspended sediments may also decrease DO by reducing light for photosynthesis by aquatic plants or increasing oxygen demand due to decomposition if the suspended sediments are high in organic materials. We anticipate very minor and temporary increases in temperature and decreases in DO that will have an insignificant effect on PBF 4 due to (1) the temporary duration of the project and during daylight hours only, (2) the layer of sediment removed during excavation (to a depth of 3 — 4.5 ft) and backfilled is expected to generate localized turbidity limited to the locations of the equipment and the backfill is expected to remain in the bottom, and (3) the rapid removal and redeposition of sediments on the outgoing tide. Conclusion Because all potential project effects to listed species and critical habitat were found to be discountable, insignificant, or beneficial, we conclude that the proposed action is not likely to adversely affect listed species and critical habitat under NMFS's purview. This concludes your consultation responsibilities under the ESA for species under NMFS's purview. Consultation must be reinitiated if a take occurs or new information reveals effects of the action not previously considered, or if the identified action is subsequently modified in a manner that causes an effect to the listed species or critical habitat in a manner or to an extent not previously considered, or if a new species is listed or critical habitat designated that may be affected by the identified action. NMFS's findings on the project's potential effects are based on the project description in this response. Any changes to the proposed action may negate the findings of this consultation and may require reinitiation of consultation with NMFS. 0 We look forward to further cooperation with you on other projects to ensure the conservation of our threatened and endangered marine species and designated critical habitat. If you have any questions on this consultation, please contact Shelby Creager, Consultation Biologist, at (727) 209-5951, or by email at Shelby.Creager@noaa.gov. Sincerely, n. BEROAVm M.10 5889 2019 09.18 12:38: SS -W'00' David Bernhart Assistant Regional Administrator for Protected Resources File: 1514-22. f.1 / 1514-22.1.1 United States Department of the Interior o 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 blastinq 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 pursuantto 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 immediatelyto 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 919/8564520 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. ATO 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. UNITED STATES DEPARTMENT OF National Oceanic and Atmospheric Administration NATIONAL MARINE FISHERIES SERVICE Southeast Regional Office 263 13th Avenue South St. Petersburg, FL 33701 SEA TURTLE AND SMALLTOOTH SAWFISH CONSTRUCTION CONDITIONS The permittee shall comply with the following protected species construction conditions: a. The permittee shall instruct all personnel associated with the project of the potential presence of these species and the need to avoid collisions with sea turtles and smalltooth sawfish. All construction personnel are responsible for observing water -related activities for the presence of these species. b. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing sea turtles or smalltooth sawfish, which are protected under the Endangered Species Act of 1973. c. Siltation barriers shall be made of material in which a sea turtle or smalltooth sawfish cannot become entangled, be properly secured, and be regularly monitored to avoid protected species entrapment. Barriers may not block sea turtle or smalltooth sawfish entry to or exit from designated critical habitat without prior agreement from the National Marine Fisheries Service's Protected Resources Division, St. Petersburg, Florida. d. All vessels associated with the construction project shall operate at "no wake/idle" speeds at all times while in the construction area and while in water depths where the draft of the vessel provides less than a four -foot clearance from the bottom. All vessels will preferentially follow deep -water routes (e.g., marked channels) whenever possible. e. If a sea turtle or smalltooth sawfish is seen within 100 yards of the active daily construction/dredging operation or vessel movement, all appropriate precautions shall be implemented to ensure its protection. These precautions shall include cessation of operation of any moving equipment closer than 50 feet of a sea turtle or smalltooth sawfish. Operation of any mechanical construction equipment shall cease immediately if a sea turtle or smalltooth sawfish is seen within a 50-11 radius of the equipment. Activities may not resume until the protected species has departed the project area of its own volition. f. Any collision with and/or injury to a sea turtle or smalltooth sawfish shall be reported immediately to the National Marine Fisheries Service's Protected Resources Division (727-824- 5312) and the local authorized sea turtle stranding/rescue organization. g. Any special construction conditions, required of your specific project, outside these general conditions, if applicable, will be addressed in the primary consultation. Revised: March 23, 2006 O:\forms\Sea Turtle and Smalltooth Sawfish Construction Conditions.doc ADJACENT RIPARLAN LANDOWNER STATEMENT (Updates to the Isabel Holmes Memorial Draw Bridge New Hanover County) NCDOT Project 15BPR.14 General Statutes and Division of Coastal Management Major Development Permit approval procedures require that riparian landowners with property adjoining a proposed development in an Area of Environmental Concern (AEC) be given ten (10) days in which to comment on the proposed development. This form allows the adjacent riparian landowner to express either: (1) that he objects to the project; or, (2) that he does not object and desires to waive his/her right to the 10-day period so that the processing of the application can progress more rapidly. Of course, the adjacent riparian landowner need not sign this form at all if he/she so chooses. I, .'Jk C. am an adjacent riparian property owner and am aware of the North Carolina Department of Transport ion's plans perform maintenance associated with the Isabel Holmes Memorial draw bridge in New Hanover County. I am further aware that this work will occur in one or more Areas of Environmental Concern and therefore will require authorization from the Division of Coastal Manage? accordance with the Coastal Area Management Act (CAMA). I have no objection to the project as presently proposed and hereby waive that right of objection as provided in General Statute 113-229 I have objections to the project as presently proposed and my comments are attached VIM �V) ko-S-1 ignatu e of A jacent Riparian Landowner Date Phone Number with Area Code RECEIVED NOV 15 2019 DCM-MHD CITY Er _•(]I%TRYI(NIlY.II�-/III. tr g� yy C3F I C I1 O Certlfled Mail Fee ru Extra $ rvces& Feee(chedrbu,.iaroauavpopkre El ❑Ream Rece,pt piarawpN E 0 ❑Ream Racaiaoleck m E O [1 carutso Mall Resutatee Ni" $ 0 []Mukslrn mRequlmd $ 0 E]MUR simlalase Ra and Dshe O Postage ca `ao Bennett Ventures LLC m sentT- 1701 Jel Wade Dr. o i Wilmington, NC 28401 .L C3 • F I C I M .A Certified Mall Fee S $ W Extra Services& Fees(cbe&ba, aWWN apppplete) ❑Ream Rerelpt Pa xap» $ ❑fle[wn Receipt (elec4anka $ 0 ❑C flea Mel, Re .m, asway $ C3 ❑Mult SlgaaWm Requlrea $ ❑Atluk Sk{neare flectrkatl DelNayB p Postage o`° 1 Eagle Island, LTD m a 3330 River Rd. o a Wilmington, NC 28412 M1 fflffl�� Ln Ln Ln C3 .. - „ $�T F F I I o CeRlged Mall Fee rU $ EIVED fn Fxtra e$ rasa rnl l&. m'dowleckbox, ❑Realm Rerelpt E�atewpR E C7' 1,2 0 ❑Ream RerolPt lrteulmMal S P�,o��slsttirnark �(y I P ^.'." LOI9 Here M ❑CeaseaMel RaM eeDetN ry S 07 2 p,wan sle�ature Regalred ! M-MHD CITY 1:3 []Mult Slgiaare Reataclaa DMN.W Postage C] DCM-MHD CITY P- $ Sawmill Point Apartments Owner LLC cc s 433 Las Colinas Blvd., E-Suite 300 - o s Irving, TX 75039 M1 Ill . .. . . - FII1 O Certified Mail Fee 0 W."19 rJ o Extra Services & Fees (Msckbae, ae w so rva a, ❑ Ream Receipt ptaampy) $ oReamRe ept,ele bonlo s�LC T 0 7p= I Here C3 Hero HD CITY o C]Muk Slgnature RegWma S ❑MUltswraareReaMcte 130"$ -MHD CITY O Pa a T• Old Wilmington Shipyard et al. $ PO Box 15209 7�- m a _ s` Wilmington, NC 28408 r ¥ 0 3wz z®> o= > zMMrn . 00 , \(2 } ; { o 3 \ \ ) M / \ k . \/» \f\ — sZa AGG ��\zs \ \ \ �P. 0 - g > x \\�\� � «I9 ■ Complete items 1, 2, and 3. ■ 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: Oil:) Wilmington Shipyard et al. PO Box 15209 Wilmington, NC 2.9408 IIIIIIIIIIIIIIIIII'IIIIIIIIIIIIIIIIII IIII-. 9590 9402 4252 8121 8759 48 2. 7018 0680 0000 2460 0574 PS Form 3811, July 2015 PSN 7530-02-000-9053 ■ Complete Items 1, 2, and 3, ■ 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. Bennett Ventures LLC. 1701 Jel Wade Dr. Wilmington. NC 28401 IIIIIIIII IIII (IIIIIII II IIIIIIIIIII III IIIIII III 9590 9402 4252 8121 8759 62 2. Article Number (Transfer from service label) 7018 0680 0000 2460 0499 PS Form 3811, July 2015 PSN 7530-02-000-9053 ■ Complete items 1, 2, and 3. ■ 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: Eagle Island, LTD 3330 River Rd. Wilmington; NC 28412 A. X D. Is delivi If YES, t ❑ Agent ` ❑ Addre rioted Na e) C. Date o Deli t.l>I�g�1G different from item 1? ❑ Yes Ivery a(Ftwr E ® U No �3' ' V 5 2019 �E'h9 nt r, ❑Reality al e ❑ Realstered Mailt*"'- Pdult Signature Restricted Delivery Certified Mall® Certified Me11 Restricted Delivery Collect on Delivery Collect on Delivery Restricted Delivery Domestic Return Recelpt X v 1 /!G % �� /ilI - ❑Agent � M AAA— D. Is delivery address di fait fibluM4W1 u Yes If YES, enter delivery address below: t7 No NOV 15 2019 L)CM`1t HL7 CITY 3. Sewles TWO ❑ Priority Mall Express® ❑ Adult Signature ❑ Registered MaRTm ❑ Adult Signature Restdeted Delivery ❑ Registered Mall Restricted Cenifled Mail® Delivery Cediiled Mail Restricted Delivery ❑ Return Recelpt for ❑ Collect on Delivery Merchandise ❑ Collect on Delivery Postdated Delivery 11 Signature Con&matlon- Nail El Signature Confirmation dell Restricted Delivery Restricted Delivery Domestic Return Recelpt X ❑ Agent _ ❑ Addre: B. Received by (Printed Name) _ I C. Dat of Deli NOV 15 2019 1? No Service Type 0 Priority Mail IIIIIIIII IIII (IIIIIII II (IIIIIII III (IIII I III III3. 0 Adult Signature CI 0 Signature RestrictedDelivery Restricted ptf� 9590 9402 4252 8121 8774 30 er�eH❑CRestricted D Return ❑ Collect on Delivery Merchandise 2. Article Number (Transfer from service label) ❑ Collect on Delivery Restricted Delivery 0 Signature Confirmation" 7018 0680 0000 2460 0567 "`---- "tall )jfi Resrcted Delivery ❑ Signature Confirmation Restricted Delivery PS Form 3811, July 2015 PSN 7530-02-000.9053 Domestic Return Receipt