NCDOT 70-20 Moratorium Relief Request Smith Creek (3)

Brittingham, Cathy
From: Brittingham, Cathy
Sent: Monday, January 31, 2022 9:53 AM
To: Westphal, Anneliese; Farrell, Sean C
Cc: Brad Shaver ([e-mail]); Sprinkle, Hannah H; Harding, Kimberlee k;
Wilson, Travis W.; Fritz Rohde; Lane, Stephen
Subject: B-4590 New Hanover County Bridge 29 Moratorium Relief Request
Attachments: B-4590_MoratoriumReliefRequest_20220128.pdf
Hello,
DCM has reviewed the information submitted by the N.C. Department of Transportation(NCDOT) in the
attached cover letter dated January 28, 2022, including the attached contractor letter and schedule requesting
moratorium relief for the subject bridge.
Based upon comments received in response to this request from the N.C. Division of Marine Fisheries,the N.C.
Wildlife Resources Commission and the National Marine Fisheries Service, DCM has determined that the
NCDOT request to continue in-water work for an additional 12 days past the February 1 St start date that is in the
CAMA Permit 70-20 is approved, and does not require additional authorization from DCM beyond this e-
mail. Work must be completed as described, and if any aspect of the project should change,NCDOT must
contact DCM to determine if additional authorization is necessary.
Please note that this e-mail response does not eliminate the need to obtain any additional permits, approvals or
authorizations that may be required. This includes approval, if required, from the U.S. Army Corps of
Engineers and/or the N.C. Division of Water Resources(DWR).
Please let me know if you have any questions or concerns.
Sincerely,
Cathy Brittingham
Cathy Brittingham,Transportation Project Coordinator
N.C.Division of Coastal Management
[phone] phone
cathy.brittinghamancdenr.gov
Mailing Address:
do DWR Transportation Permitting Unit
1617 Mail Service Center
Raleigh,NC 27699-1617
Physical Address:
512 North Salisbury Street
Archdale Building
12t Floor,Room 1204C
Raleigh,NC 27604
1

Brittingham, Cathy
From: Wilson, Travis W.
Sent: Monday,January 31, 2022 9:31 AM
To: Brittingham, Cathy; Harding, Kimberlee k
Cc: Brad Shaver([e-mail]); Sprinkle, Hannah H;fritz.rohde
Subject: RE:Additional information, B-4590 New Hanover County Bridge 29 Moratorium Relief
Request
WRC does not object to NCDOT working for an additional 12 days past the February 1 moratorium start date.
Travis W.Wilson
Eastern DOT Habitat Conservation Coordinator
Habitat Conservation Program
NC Wildlife Resources Commission
1718 Hwy 56 West
Creedmoor, NC 27522
Phone: [phone]
Fax: [phone]
Travis.Wilson(a�ncwildlife.orq
From: Brittingham, Cathy<[e-mail]>
Sent:Sunday,January 30, 2022 5:25 PM
To:Wilson,Travis W. <[e-mail]>; Harding, Kimberlee k<[e-mail]>
Cc: Brad Shaver([e-mail])<[e-mail]>; Sprinkle, Hannah H
<[e-mail]>; fritz.rohde<[e-mail]>
Subject:Additional information, B-4590 New Hanover County Bridge 29 Moratorium Relief Request
Importance: High
Hello,
Attached please find additional information related to the moratorium relief request for B-4590 New Hanover
County Bridge 29 over Smith Creek. (The first e-mail I sent was on Friday 1/28).
• The attached e-mail from NCDOT Mason Herndon dated 3/31/20 was submitted after the initial CAMA
permit application. It changes the commitment for the in-water work moratorium to start on February 1st
instead of February 15`h. The updated moratorium was incorporated into the CAMA Permit 70-20.
• The attached WRC comments from 2020 refer to a moratorium from February 15 to June 30.
• The attached DMF comments from 2020 refer to a moratorium from February 15 to June 30.
In addition, on 1/28/22, NCDOT provided DCM with these comments from Fritz Rohde of the NMFS: "NMFS
does not oppose this request for a 12-day relief of the moratorium in order to finish the necessary work."
In summary, would you agree that it is acceptable for NCDOT to continue in-water work for an additional 12
days past the February 1' start date that is in the CAMA Permit 70-20?
1

Brittingham, Cathy
From: Shaver, Brad E CIV USARMY CESAW (USA) <[e-mail]>
Sent: Monday, January 31, 2022 12:04 PM
To: Brittingham, Cathy;Westphal,Anneliese; Farrell, Sean C
Cc: Sprinkle, Hannah H; Harding, Kimberlee k;Wilson, Travis W.;fritz.rohde; Lane, Stephen
Subject: [External] RE: B-4590 New Hanover County Bridge 29 Moratorium Relief Request
CAUTION: External email. Do not click links or open attachments unless you verify.Send all suspicious email as an attachment to
Report Spam.
The Corps is also accepting of the moratorium relief period of 12 days.
Brad Shaver
USACE-Project Manager
From: Brittingham, Cathy<[e-mail]>
Sent: Monday,January 31, 2022 9:53 AM
To:Westphal,Anneliese<[e-mail]>; Farrell, Sean C<[e-mail]>
Cc:Shaver, Brad E CIV USARMY CESAW(USA) <[e-mail]>; Sprinkle, Hannah H
<[e-mail]>; Harding, Kimberlee k<[e-mail]>; Wilson,Travis W.
<[e-mail]>;fritz.rohde<[e-mail]>; Lane,Stephen <[e-mail]>
Subject: [Non-DoD Source] B-4590 New Hanover County Bridge 29 Moratorium Relief Request
Hello,
DCM has reviewed the information submitted by the N.C. Department of Transportation(NCDOT) in the
attached cover letter dated January 28, 2022, including the attached contractor letter and schedule requesting
moratorium relief for the subject bridge.
Based upon comments received in response to this request from the N.C. Division of Marine Fisheries, the N.C.
Wildlife Resources Commission and the National Marine Fisheries Service, DCM has determined that the
NCDOT request to continue in-water work for an additional 12 days past the February Pt start date that is in the
CAMA Permit 70-20 is approved, and does not require additional authorization from DCM beyond this e-
mail. Work must be completed as described, and if any aspect of the project should change, NCDOT must
contact DCM to determine if additional authorization is necessary.
Please note that this e-mail response does not eliminate the need to obtain any additional permits, approvals or
authorizations that may be required. This includes approval, if required, from the U.S. Army Corps of
Engineers and/or the N.C. Division of Water Resources (DWR).
Please let me know if you have any questions or concerns.
Sincerely,
Cathy Brittingham
1

Brittingham, Cathy
From: Sprinkle, Hannah H
Sent: Monday,January 31, 2022 12:24 PM
To: Brittingham, Cathy;Westphal, Anneliese; Farrell, Sean C
Cc: Brad Shaver([e-mail]); Harding, Kimberlee k;Wilson, Travis W.;
fritz.rohde; Lane, Stephen
Subject: RE: B-4590 New Hanover County Bridge 29 Moratorium Relief Request
DWR does not object to NCDOT working for an additional 12 days past the February 1 moratorium start date.
From: Brittingham, Cathy<[e-mail]>
Sent: Monday,January 31, 2022 9:53 AM
To:Westphal, Anneliese <[e-mail]>; Farrell,Sean C<[e-mail]>
Cc: Brad Shaver([e-mail]) <[e-mail]>; Sprinkle, Hannah H
<[e-mail]>; Harding, Kimberlee k<[e-mail]>;Wilson,Travis W.
<[e-mail]>;fritz.rohde<[e-mail]>; Lane, Stephen<[e-mail]>
Subject: B-4590 New Hanover County Bridge 29 Moratorium Relief Request
Hello,
DCM has reviewed the information submitted by the N.C. Department of Transportation (NCDOT) in the
attached cover letter dated January 28, 2022, including the attached contractor letter and schedule requesting
moratorium relief for the subject bridge.
Based upon comments received in response to this request from the N.C. Division of Marine Fisheries, the N.C.
Wildlife Resources Commission and the National Marine Fisheries Service, DCM has determined that the
NCDOT request to continue in-water work for an additional 12 days past the February 1 St start date that is in the
CAMA Permit 70-20 is approved, and does not require additional authorization from DCM beyond this e-
mail. Work must be completed as described, and if any aspect of the project should change,NCDOT must
contact DCM to determine if additional authorization is necessary.
Please note that this e-mail response does not eliminate the need to obtain any additional permits, approvals or
authorizations that may be required. This includes approval, if required, from the U.S. Army Corps of
Engineers and/or the N.C. Division of Water Resources (DWR).
Please let me know if you have any questions or concerns.
Sincerely,
Cathy Brittingham
Cathy Brittingham,Transportation Project Coordinator
N.C. Division of Coastal Management
[phone] phone
cathy.brittin gham a,ncdenr.gov
1

Brittingham, Cathy
From: Lane, Stephen
Sent: Friday, January 28, 2022 3:43 PM
To: Brittingham, Cathy
Subject: FW: [External] Re: B-4590 New Hanover County Bridge 29 Moratorium Relief Request
FYI
From: Fritz Rohde- NOAA Federal<[e-mail]>
Sent: Friday,January 28, 2022 11:19 AM
To: Westphal, Anneliese<[e-mail]>
Cc: Lane, Stephen<[e-mail]>; Shaver, Brad E SAW<[e-mail]>; Sprinkle, Hannah
H <[e-mail]>; Farrell,Sean C<[e-mail]>
Subject: [External] Re: B-4590 New Hanover County Bridge 29 Moratorium Relief Request
CAUTION: External email. Do not click links or open attachments unless you verify.Send all suspicious email as an attachment to
Report Spam.
Hi all:
NMFS does not oppose this request for a 12-day relief of the moratorium in order to finish the necessary work.
Fritz Rohde
NMFS-HCD
Beaufort, NC
On Fri,Jan 28, 2022 at 9:27 AM Westphal,Anneliese<awestphak ncdot.gov>wrote:
Stephen,
Please see the attached request, contractor letter, and schedule for moratorium relief for the subject bridge. If there
are questions or you need more information, please contact me or Sean.
Thank you,
Anneliese
Anneliese Westphal
Environmental Senior Specialist
Division 3
NCDOT- Division of Highways
1

Brittingham, Cathy
From: Harding, Kimberlee k
Sent: Monday,January 31, 2022 8:26 AM
To: Brittingham, Cathy;Wilson,Travis W.
Cc: Brad Shaver([e-mail]); Sprinkle, Hannah H; fritz.rohde
Subject: Re:Additional information, B-4590 New Hanover County Bridge 29 Moratorium Relief
Request
The NCDMF does not oppose the NCDOT to continue in-water work for an additional 12 days past the
February 1st start date that is in the CAMA Permit 70-20.
Kimberlee Harding
From: Brittingham, Cathy<[e-mail]>
Sent:Sunday,January 30, 2022 5:24:31 PM
To:Wilson,Travis W. <[e-mail]>; Harding, Kimberlee k<[e-mail]>
Cc: Brad Shaver([e-mail]) <[e-mail]>; Sprinkle, Hannah H
<[e-mail]>; fritz.rohde<[e-mail]>
Subject:Additional information, B-4590 New Hanover County Bridge 29 Moratorium Relief Request
Hello,
Attached please find additional information related to the moratorium relief request for B-4590 New Hanover
County Bridge 29 over Smith Creek. (The first e-mail I sent was on Friday 1/28).
• The attached e-mail from NCDOT Mason Herndon dated 3/31/20 was submitted after the initial CAMA
permit application. It changes the commitment for the in-water work moratorium to start on February 1st
instead of February 15th. The updated moratorium was incorporated into the CAMA Permit 70-20.
• The attached WRC comments from 2020 refer to a moratorium from February 15 to June 30.
• The attached DMF comments from 2020 refer to a moratorium from February 15 to June 30.
In addition, on 1/28/22,NCDOT provided DCM with these comments from Fritz Rohde of the NMFS: "NMFS
does not oppose this request for a 12-day relief of the moratorium in order to finish the necessary work."
In summary, would you agree that it is acceptable for NCDOT to continue in-water work for an additional 12
days past the February Pt start date that is in the CAMA Permit 70-20?
Please let me know if you have any questions or concerns. I will be working at home on Monday and can be
reached on my cell phone at 919-671-3226, or by e-mail.
Sincerely,
Cathy
Cathy Brittingham,Transportation Project Coordinator
N.C.Division of Coastal Management
[phone] phone
cathy.brittingham(c incdenr.gov
1

Brittingham, Cathy
From: Lane, Stephen
Sent: Friday,January 28, 2022 3:43 PM
To: Brittingham, Cathy
Subject: FW: B-4590 New Hanover County Bridge 29 Moratorium Relief Request
Attachments: B-4590_MoratoriumReliefRequest_20220128.pdf
Please contact Anneliese.
From: Westphal,Anneliese<[e-mail]>
Sent: Friday,January 28, 2022 9:27 AM
To: Lane, Stephen<[e-mail]>
Cc:Shaver, Brad E SAW<[e-mail]>; Sprinkle, Hannah H <[e-mail]>;
fritz.rohde <[e-mail]>; Farrell, Sean C<[e-mail]>
Subject: B-4590 New Hanover County Bridge 29 Moratorium Relief Request
Stephen,
Please see the attached request, contractor letter, and schedule for moratorium relief for the subject bridge. If there
are questions or you need more information, please contact me or Sean.
Thank you,
Anneliese
Anneliese Westphal
Environmental Senior Specialist
Division 3
NCDOT- Division of Highways
910 341 2000 office
910 604 1330 mobile
910 675 0143 fax
awestphalna ncdot.gov
5501 Barbados Blvd
Castle Hayne, NC 28429-5647
;IA;;
4' i
Email correspondence to and from this sender is subject to the N.C.Public Records Law and may be disclosed to third parties.
1

STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
ROY COOPER J.ERIC BOYETTE
GOVERNOR SECRETARY
January 28,2021
Mr. Stephen Lane
Coastal Management Representative,Transportation Projects
Division of Coastal Management
400 Commerce Ave.
Morehead City,NC 28557
Subject: Moratorium Relief Request CAMA Major Permit No. 70-20,TIP No.B-4590
Replacement of Bridge No.29 over Smith Creek on SR 2812(Castle Hayne Rd.)in New Hanover
County; WBS No. 38420.3.3
Dear Mr. Lane,
Please find the enclosed project schedule and request from Civil Works Contracting,LLC,provided
for the purposes of seeking relief from the February 1"to June 30th in-water work moratorium for
the subject project.The contractor is seekinI 12 days If relief from the in-water work moratorium,
which was required by the Division of Coast. •anagement in coordination with the NC Division
of Marine Fisheries and NOAA National Marine Fisheries,due to Smith Creek providing suitable
habitat for the federally listed Shortnose and Atlantic Sturgeon.As indicated in the attached request
and schedule submitted by the contractor,the additional 12 days of in-water work are necessary to
install the drill casing template and six(6)54"drill casings for the two interior bents for the
proposed bridge.The Division 3 Resident Engineer's Office has reviewed the request and
determined that the proposed timeframe for installing the drill casings would be achievable,given
the existing project status.Once the casings are installed the contractor will be able to perform the
necessary pile construction within the casings which is not considered in-water work subject to the
moratorium.If the contractor is not able to install the casings within this working season,they have
indicated it may result in project delays of up to six months.
Please let me know if this time-sensitive relief request can be granted by the appropriate agencies
or if any additional information is required.
Sincerely,
,q �c-Gi eu- (i1iQ
for Sean Farrell
NCDOT Division 3 Environmental Officer
ec: Brad Shaver,USACE Hannah Sprinkle,NCDWR Fritz Rohde,NOAA
Mailing Address: Telephone:[phone] Location:
NC DEPARTMENT OF TRANSPORTATION Fax:[phone] 5501 BARBADOS BOULEVARD
DIVISION OF HIGHWAYS Customer Service: 1-877-368-4968 CASTLE HAYNE,NC 28429-5647
5501 BARBADOS BOULEVARD
CASTLE HAYNE,NC 28429-5647 Website:ncdot.gov

- 910.859.8574
j TAT j 190 RALEIGH ST
v v Q� � WILMINGTON NC 28412
'` tS' WWW.CIVILWORKSCONTRACTING.COM •
CWC
RAC
North Carolina DOT
New Hanover County
Contract# DC00249
Replacement of Bridge No. 29
Attention: Alex Stewart
Reference: Request for Moratorium Relief
Mr. Stewart,
Civil Works Contracting is currently working on the replacement of Bridge#29 at Smiths
Creek as per awarded NCDOT contract DC00249.The work on this bridge replacement has run
into some unforeseen difficulties and will need some relief help on the upcoming fish
moratorium starting on February 1, 2022. Civil Works Contracting would like the start of the fish
moratorium pushed off until Sunday 2/13/2022 to allow us time to complete the remaining
work in the waterway.
Civil Works Contracting has a total of six 54 "diameter casing, which is driven in two
different bents, plus the installation of the pipe casing templet. This moratorium relief request
will take approximately 12 calendar days to complete or 24 tide cycles to allow for inclement
weather conditions and unforeseen equipment failures. CWC will have the temporary trestle
and the casing templet installed and ready to proceed with the next phase of construction by
end of the shift on 2/1/2022. The following schedule is provided:
• Day 1= is set to drive the first 54" diameter pipe casing with our vibratory
hammer on 2/2/2022, during the hours of 0700 to 1700 at bent 1-casing 1 with a low to
high to low tide cycle being in affect during this construction phase.
• Day 2 =is set at bent 1-casing 2 with our vibrator hammer on 2/3/2022 during
the hours of 0700 to 1700 with the possibility of work on this casing pipe carrying over
into the next day, 2/4/2022 during a low to high tide to low tide cycle for both days.
• Day 3 = is set at bent 1 casing 3 with our vibrator hammer on 2/4/2022, during
the hours of 0700 to 1700 with a low too high to low tide cycle being in affect during
this construction The timeline stated above will complete the construction for the 54"
pipe casing work at bent 1.
4 . I(SAFE?
- CWC
CORK SA '
WORKING TOGETHER. BUII, DIN (: 1 O (; 1.: 1 II1 R.

rr
910.859.8574
NI
WOj 190 RALEIGH ST
V `�\ WILMINGTON NC 28412
s WWW.CIVILWORKSCONTRACTING.COM
cwc
C'ONT Tl
R AC
• CWC will remove the pipe casing templet and reinstall at Bent 2 on 2/7/2022 and
2/8/2022. The bent 2-casing 1 pipe casing installation work will start on Wednesday,
2/9/2022 at 0700 and completed at 1700 during a high too low to high tide cycle.
• The next pipe casing at bent 2-casing 2 will be installed on Thursday 2/10/2022
with the possibility of running into the next day Friday 2/11/2022 from 0700 to 1700
during a high too low to high tide cycle.
• The finial pipe casing is set and driven with a vibratory hammer on Saturday
2/12/2022 from 0700 to 1700 with high too low to high tide cycle. This will complete
our waterway disturbance until after the moratorium is cleared on July 1, 2022.
Should this moratorium relief request be denied, Civil Works Contracting, NCDOT, and the
traveling public for both the roadway and waterway will be impacted for an additional 6
months beyond or contract completion date of October 2, 2023,with an indetermined amount
of cost for the additional extended time, equipment and manpower.
Hopefully, with some partnering by all parties this impact can be avoided.
Sincerely
Civil Works Contracting
Project Manager
Erik Westerberg
CWC
RK SAS'
WORKING TOGETHER. BUILDING TOGETHER.

Civil Works Contracting
Smiths Creek Bridge
January 26,2022
item 3 Week Look Ahead Schedule _
1/24 1/25 1/26 1/27 1/28 1/29 1/30 1/31 2/1 2/2 2/3 2/4 2/5 2/6 2/7 2/8 2/9 2/10 2/11 2/12 2/13
Activity Mon Tues Wed Thur _ Fri Sat Sun Mon Tues Wed Thur Fri Sat Sun Mon Tues Wed Thur Fri Sat Sun
1 Drive Trestle Pipe Pile Bent 2 x x _
2 Install Top Hats Bent 2 x _ _
3 Deliver Double Beams for Bent 2 x
4 Install Trestle Beams and Secure Bent 2 x x x
5 Intall Crane Mats Bent 2 x
6 Install Bent 1 Templet for Driving Casings x x
7 Drive Casings for Bent 1 x x x x
8 Move Templet to Bent 2 x x
9 Drive Casings for Bent 2 x x x x
10 Remove Templet from Bent 2

Pe V�Se
New Hanover County
Replacement of Bridge No. 29 over Smith Creek
WBS No. 38420.1.2
TIP No. B-4590
Division Environment Unit (DEU)
The waters within the study area do provide suitable habitat for the Atlantic sturgeon,
Shortnose sturgeon, and the West Indian manatee therefore the biological conclusion
for these species is "May Affect, Not Likely to Adversely Affect". Coordination with
NOAA NMFS has occurred, and the following minimizations measures and
commitments will be implemented during construction to satisfy the Section 7
consultation requirements for these species.
• A February 1 through June 30 in-water work moratorium will be implemented.
• Drill casings will be installed prior to in-water work moratorium, allowing
work within the casings to occur during the moratorium.
• If pilings are required within the water column for a temporary work trestle to
access the drill shafts, they will be installed prior to the in-water work
moratorium.
• Turbidity curtains will always be utilized to isolate in water work areas from
surrounding waters during construction.
• Passage upstream and downstream will not be impaired or blocked at any
time during construction.
PDEA Human Environment Unit - Section 106
Bridge 29 over Smith Creek is eligible for the National Register of Historic Places. An
effects consultation was conducted on December 13, 2017 and it was determined that
the project imposes an adverse impact on Bridge No. 29. A MOA process is underway.
Any commitments required as part of the MOA process will be incorporated into the final
"Green Sheet" commitments. The MOA was signed on 3/26/2020, the NCDOT
Environmental Analysis Unit (EAU) will complete photography and archiving records of
the existing bridge, in coordination with the State Historic Preservation Office (SHPO), as
specified in the Section 106 Memorandum of Agreement (attached).
Hydraulic Unit— FEMA Coordination
NCDOT Hydraulics Unit recommends raising the roadway grade by 2.7 feet to
match existing low chord.
The Hydraulics Unit will coordinate with the NC Floodplain Mapping Program (FMP)
to determine the status of the project regarding applicability of NCDOT's
Memorandum of Agreement with FMP (dated April 22, 2013, modified February 5,
2015).
GeoEnvironmental Section — Impacts to Underground Storage Tanks (UST's)
According to a NCDOT Hazardous Materials Report, dates March 3, 2015, from Terry
B-4590
June 2020

W. Fox, one site within the project study area, Corbett Package Company, may contain
USTs within the project limits. NCDOT's GeoEnvironmental Section will provide any
needed soil and groundwater assessment, if a temporary construction easement, or
right of way acquisition is required from this property.
COMMITMENTS FROM PERMITTING
Pilings from the existing bridge,the temporary work platform, and the existing
fender system, as well as any remnant pilings from previous bridges, shall be
removed in their entirety, except that if a piling breaks during removal and
cannot be removed in its entirety, the piling may be cut off flush with the bed of
the water body and DCM shall be notified of each occurrence within one working
day.
All reasonable efforts shall be made to contain all debris and excess materials
associated with construction and demolition of the new bridge, the existing bridge
and existing fender system, and the temporary work platform, with the intent that
materials/debris do not enter wetlands or waters of the State, even temporarily.
The demolition plan for removal of the existing bridge structure and existing
fender system shall be submitted to DCM for review and approval prior to
commencement of the demolition activities.
Turbidity curtains shall be used where practicable to isolate all in-water work areas
from the adjacent waters of Smith Creek including but not limited to the existing
bridge removal and fender system removal, pile installation, pile removal,
excavation, and placement of riprap within or adjacent to surface waters. The
turbidity curtains shall encircle the immediate work area; however, they shall not
impede navigation. The turbidity curtains shall be properly maintained and retained
in the water until construction is complete and shall only be removed when turbidity
within the curtains reaches ambient le% els.
Erosion control matting in riparian areas shall not contain a nylon mesh grid which
can impinge and entrap animals. Matting should be secured in place by staples,
stakes, or wherever possible live stakes of native trees. Riparian areas are defined
as a distance of 25 ft from the top of stream bank [15A NCAC 02B.0224, .0225]
In order to protect the endangered West Indian Manatee. Trichechus manatus, the
permittee shall implement the U.S. Fish & Wildlife Service's Guidelines, and strictly
adhere to all requirements therein. The guidelines can be found at
At no time during the project will the waterway be closed to navigation without the
prior notification and approval of the Coast Guard. The bridge owner or contractor is
required to maintain close and regular contact with Coast Guard Sector North Carolina
at [phone] or Joshua.P.Orourke cni uscq.mil to keep them informed of activities
on the waterway.
B-4590
June 2020