NCDOT 88-96 Bridge Replacement 8/21/1996

State of North Carolina
Department of Environment, (o
Health and Natural Resources 1 • •
Division of Coastal Management
James B. Hunt, Jr., Governor Cl H
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
•
Memorandum
To: Senator Marc Basnight
From: Roger Schecter, Coastal Manage
Date: August 21, 1996
Subject: Chowan River Bridge Replacement
I received your request for information on the placement of the dismanteled Chowan Bridge
from Gina Weaver yesterday afternoon. After I spoke with Gina, I called your office to give you a
report. I understand you were most concerned that parts of the bridge possibly contaminated with lead-
based paint would be used for artificial reef construction. This memo summarizes the issue and current
status.
DCM issued a permit to NCDOT May 29, 1996 for the replacement of the Highway 17 bridge.
As with other such replacements, the Division of Marine Fisheries expressed interest as early as 1992 in
using the concrete rubble from the old bridge for artificial reefs. That use was included in the
environmental document prepared by NCDOT in March of 1995. The steel and superstructure material
was to be sold as scrap. The bridge had been painted with lead based paint, but NCDOT was disposing
of those portions in an approved manner, and none of those portions were to be used for the reef. In our
permit, we incluced the following notes:
"13) All debris associated with the removal of the existing bridge and fender system will be
disposed of in an approved highground site, unless otherwise permitted by this Division.
14)No refuse, debris, or structures will be left in the water that would present a hazard to
navigation or adversly impact the Public Trust.
NOTE: The DCM supports the utilization of appropriate demolition materials for artificial reef
building at the request and under the auspices of the Division of Marine Fisheries."
My understanding yesterday from NCDOT Planning Branch Manager Frank Vick, is that the reef
was included as a condition of the Corps of Engineers Permit subsequently issued to NCDOT, and which
had the concurrence on the State Fisheries Division and that of National Marine Fisheries. All
environmental issues related to placement of suitable materials in the water appear to have been
addressed. However, I have shared your concern with NCDOT, the Division of Marine Fisheries, and
the Corps of Engineers representatives.
Please let me know if you have additional questions or want further information.
P.O. Box 27687, Net FAX [phone]
Raleigh,North Carolina 27611-7687 rile An Equal Opportunity/Affirmative Action Employer
Voice 919-733-2293 50%recycled/10%post-consumer paper

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OEPAP.TNIV`;T' OF THE ARMY PENh°I"f
• Nortn }:arniin8 Deportment of Transportation
Porn, .. _
199400991
CESAt/J-CO.t
MOTE.: The term "you" and its dertvAtiMvs, as used .>n ti:is permit, mean* t1.e pe.aniture or en1 future Ccar.sf,+rt:e. Tr,r term
"this office" rkfen to the 4,ppropriete district or division office ot the C,'t of £cg aeeret having It.rledict.on over the permitted
acts- ty 4r t#s+ epptoptiets official of t?:rrt office ae•ting ander the au.tGority cif thso cwar vtanii:rttg rffi444.
You are suthorited to perform work in aecordarioe with the megrim and c ratititli.t.epe4:itied below.
protect Description•
To fill 16.20 acres of 4.04 wetlands and fill 0.22 acre of open eaters of the United
States adjacent to the Chcwart River, Pemmtbrc:ke Creek, ar'id their unnamed
tributaries. The project purpose is to w den 9.3 miles of U.S. 17. including
rep' :!! io the bridges over the Chowen River and Pembroke Creek.
p
Project Location:
From 0,6 miles west of the Chowen River to west of U.S. 17 13118 111Sti, Eas; of
Edenton. Chowan and Berta Counties, North Carolina.
PertyLt Conditions,:
Genera;Conditions,
December 31, 1999
1. The time lima for completing the work authorized ends on. . If yost !`_tad tF ed rot. rives
more time to contplets the authorized ketiv ty, submit your rcyt:i_et for a time kAWntiois t this office for cettSie6r2tion k`.'tti;
one month before the above date is reached.
2. Yo.: mutt ina:nte ri the aeftcity outhorited Ay time permit in good ecntttlon and in oori+ rXrtance with the tams.nrli-
tione of thle perttit. You are not retieesd oaf omit re/lc/airs-NW :1 you abandon the perm"tte` taiv.ty, although yarn may maker
a good faith transfer to a third party In coeupiience Isla, General Condition 4 below, !Mould you Iv'.;h to 4usae to maintiin
*hr s•lthorited activity or should ; uu desire to abandon it without a good faith tratenefer, you roust obtaiai s modification of
this p rrmit from this office, whloh :stay milt.tm reatortox..a of the tirfla,
3 It you dist,over any previouaty unknown Iiiatost, Nr trisheologio!t! reth ir.a 4-l:iie •js;aompiiehinq the arvvity atltthoriaati by
this permit, you reu t Im necliatatly notify this office of whet you have foaxd. We Vail initiate the Federal end stets coa*d3nA-
tion relui d to deten<luie ;f the remain.' wt nt a r*Kkiery xcf:iz c4 if the titer it eligible :In lit Ling In t } `:Atio;,8: I iZ►;er
of i1tiraric Plates,
ENO t'o to 1rlt Nov06 COITION V F Set' •8
(33 CFR ,cgs fRjapendla pl1
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4. If you seU the property associated with this permit, you must obtain the crgnature of the new o C ter in the space provided
and forward a copy of the permit tc this offioe to validate the tn./ta ter of this authorisation,
b, If a oondltlaned water quality rertiflcatior has been isitied for your project,ye,t must<iornp:3 with the c:>nditaKrrra spetit;td
in the certification as apacial conditions to this permit. Foy your convenience. a onpy of the certification is attached 11 It con-
tains Etch cesnditlonu.
8, You moat allow repraaeutaiivee lrcytn this Office to inspect the authoted activity at any tints deserted newt/try tc anew*
't is balm of hes'ieen istcoctrinitted it acoordat ce erith the tries oadltions of your permit.
Special Conditions:
See enclosed sheet.
Further Information:
1. Congressional Authorities: You have been eu9thorized to undertake this aoiavi':y dese ibsd shot*pursuant t4:
X
) Section 1c 4f the Rives and Harh.,rr Act of 1899(33 U.S.C.403i.
(X) Section 404 of the Clean Water Act (33 U.B.C. 1344),
) Section 103 of the Marine Protection, Brae .rch ni7.d Senct:aaries Act o; 19;3+$S 1;,3,C ?41-:4).
2 Limits of this authpritatiou.
a. This pertatt dots not veviats the teed to obtain other Federal, state, or local aa;lrurirati is required by law,
b. This permit does not`raze any property Nitta or exrluelvs privileges.
C. This permit does not authorize any injury to the property or rights of others
d. This permit does not authorize'nterfereuoe with ar,y tittering or proposed p'ede al project.
8 Limits of Federal Liability, In ironing this p,erarjlt,the Feder i Government rlveti slat assume any liability for the following:
a- Drrrrs es to the permitted project or uses th:reot es a result of other permitted at tiMpermitted ectivitiee rn fr:4n nature:
Cables.
t?. Der/sages to the permitted protect or .,sea thereof a., a resziti Uf -_urre,r:t r,r .'utura activince undertaken by air on beba3.'
or the United States in the public interest.
c. Damage to persocs, property, or to other permitted or unperni tted activities or structures caused by the ac-ti+it;
riAit>7othfacl by this peat:. ,
d Design Or conatyuction deflcteraiaa al detect with the permitted cork_
2
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FjCCill WI HINGTC'h: 08. 21 . 1 ?'?c 1,: 1� F'. k+ 1
e. Damege c::fee+y associated in- b any tut�:re roodificret1on,suspension,or revrrrat!on of this permit
4. Reliance on Applicant%) Data The determination of thla offs tbat issusncet of th!i permit iy not contre"ry to the put is
intsreat was made In;•eli*nee on Lite information you pzoridsd.
b. Reevaluation of Permit Decision. This office may reevaluate Its decision on this permit at any time the aircurr.atancae
warrant. Circumstances ihet could require k reevai.uat.jun include, but are nCot emitted to, the"allowing:
a YOU fail to comply with the terms and conditions of this amrrnit,
r. The Information provided by you hi rapport of your permit application proves to have bean false, incomplete. v:
inscc.:rete(See 4 above).
c $ijrtificant new Infer:nation surfaces which .*'ate office did not consider in reaching tray or.8inel public interest deijelor..
aurh a reevaluation may result io a daterirelriatiOts that it is appropriate to use the slaapenillcn, lllilit,'ileatiei:, and i evOeaitot
procedures contained in 83 CFR. 926,7 or eriforeetnent procedures such ae these eOttteitled in 88 CPR 826,4 and 828 5. rise
referenced anforcernert pr(ic*du.ae provide for the tesuance of all admiu?stretive order requiring you;a comply with the terns
end conditions of your permit and for the initiation of !ego) actint whirrs ap,roprta?e. YOU will be •required to pry fnr &ny
corrective t:qesrurse ordered by this office, s d if you fail to oaraply peed: such directive, this office :easy ie certain. altuatic,hf
(Much as these specified in 88 CPR 209.170) accomplish Qvi corrective masaures by contract or .its;remise and bill you fortis
coat,
6. rxterssions. Qletseral vonditfon 1 establishes a time elm.: for the compiatior, of the activity autho:'sad by this permit, 1,4itess
there arc vtrcuraetarit+N to Arms elthet a prompt compictic% of the autha:tzad set vity or a reevaluation of the public 1nt.e ast.
decision, the Corps will normally gi...favorable reside:..tien to a renuaat for en txtenSi n of this time liaiiit,
Your sig'netv,e below, as permit:A in isatet tlia +rig pt and scares to comply with the tetras and c:ri:d:tic-ia of this ferhnit
e
(DATE)
NORTH CAROLIN.A DEPARTMENT OF TRANSPORTATION
MR. H. FRANKL IN VICK, P.E. MANAGER
This permit becomes rf.ective whet the Federal official,designated to act for the Secretary of the Army,has signed be ow-
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,�,, TERRY R. YOUNGULUTN, LIEUTENANT COLONEL, LN
When the ,truct;,ras or work authorized by this permit.are,,tall in existence st the time the pt i .arty le transferred, the came e+.,
conditions of th!e permit will continue to be htndina cu the new-) ne:•(e)n.f the property.To vaiidste ties tre..r a of th►e gran ;',
a^.d the associated I:abilities associated ;ith compliance with tie terms and conditot e, hate the t-arhfearee gig n and date bet'w.
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SPECIAL CONDITIONS
a. The permittee and its contractors and/or agents shall
not excavate, fill , or perform landclearirg at any time in the
construction or maintenance of this project within waters and/or
wetlands, except as authorized by this permit or any modification
to this permit . There shall be no excavation from or waste
disposal into jurisdictional wetlands or waters associated with
this permit without appropriate modification of the permit ,
b. To ensure that all borrow and waste activities occur on
high ground, except as authorized by this permit, the permittee
shall require its contractore and/or agents to identzfy all areas
to be used to borrow material, or to dispose of dredged, fill, or
waste material . The permittcc shall ensure that all such areas
comply with Special Condition (a . ) of this permit, and shall
require and maintain documentation of the location and
4 ' characteristics of all borrow and disposal sites associated with
this project. This information will include data regarding
soils, vegetation and hydrology eu£ficient to clearly demonstrate
compliance with Special Condition ia. ) above. All information
will be available to the Corps of Engineers on request .
c. The permittee shall require: its contractors acid/or
agents to comply with the terms and conditions of thin permit in
the construction and Maintenance of this project, and shall
provide each of its contractors and/or 4gents associated with the
construction or maintenance of this project with a copy of this
permit .
d. All work authorized by this permit must be performed in
strict compliance with the attached plane, except as modified by
special permit conditions (f . ) , and !m. ) , which are s part of
this permit .
e . The mitigation work will be undertaken at the Dismal
Swamp Mitigation Site (DSMS) pursuant to the plan entitled
"Compensatory Mitigation Plan, N.C. Department of Transportation,
US 17 Widening, Edenton to Hartford, Traffic Improvement project
(TIP) ! R-2208A, Chowart and Perquirans Counties, North Carolina" ,
dated April 24, 1995, and will be commenced immediately, and
implemented concurrently with eli phases of construction
activities authorized by this permit, to the extent necessary to
coaetruct, monitor and maintain 2 . 69 acres of non-riverine
wetlands, and 8 . 6 acres of riverine wetlands, to the satisfaction
of the Corps of Engineers. All work within waters and/or
.

F 6•_ ,.13HIt. :3TO 1 .ic. 21 . 1 : 9 1 =
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wetlands shall cease if planting is not completed by April 1,
1997 . Any deviation from this echesdule must be approved by the
Wilmington district, U.S. Army Corps of Engineers, Regulatory
Branch.
f. The mitigation work to restore Pembroke Creek wetlands
•=i1l be undertaken in accordance with the plan discussed in the
letter dated July 8, 1996, from Mr. N. Franklin Vick to
Mr . Michael D. Smith, and will be commenced immediately, and
implemented coecurrmntly with all phases of construction
activities authorized by this permit, to the extent necessary to
restore, monitor a d maintain 5 acres of adjacent riverine
wetlands to the eati +facti.on of the Corps of Engineers . Jell
planting must be completed by April 1, 1998 , Any deviation from
this schedule must be approved by the Wilmington district, U.S.
Army Corps of Engineers, Regulatory Branch.
g. Once the acreage at the mitigation site, which will be
used to ea iefy conditions (e , ) and (f . ) above have been
identified, NCDOT shall survey them, and provide the Corps of
Engineers a copy of the survey. NCDOT shall maintain the acreage
described in this paragraph in the condition achieved by
implemsnti. ti.on of the mitigation plan, and approved by the Corps
of Engineers , in perpetuity.
h. The permi,trtee shall make every effort to convey the
portions of the mitigation sites identified pursuant to condition
(cs. ) above, to a nonprofit conservation organization acceptable
to the Corps of Erigincors and, if unsuccessful, shall maintain
such portions in their natural condition, as modified by work
performed pursuant to the mitigation plan, in perpetuity.
Prohibited activities within the mitigation areas specifically
include, but are not limited ro, the construction or placement of
structures of ails kind (i.e „ billboards, interior fences, etc . )
the discharge of dredged or fill material (including wasting
debris, trash, etc. ) , excavation, the cutting, removal or damage
of any vegetation, grading, leveling, or any other earth moving
activity, except as may be authorized by the mitigation plena ,
i . The permittee shall not sell or otherwise convey the
properties used to satisfy mitigation requirements for this
permit, or any interest therein, to any third party, without the
express written consent of the Corps of Engineers. It is the
intent. of the Corps of Fnginee s and the permittee that the
properties be conveyed to an acceptable nonprofit conservation
organization, or a state or local gevernment willing to hold the
areas in perpetuity for conservation purposes.

FROM IdH_-i T_r: ;i'ri
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j . The permittee shall contact the Corps of Et gineer9,
waohington Regulatory Field Office XrCDOT Regulatory Project
Manager and provide him with the opportunity to attend the eeerly
mitigation monitoring efforts .
k. The permittee will submit the yearly mitigation
monitoring reports within 60 Calendar days of each aesessm ee
period.
1 . The permittee will mitigate the 10 .38 acres of high
uality riverine wetland losses by debiting 103 . 8 acres from the
Company Swamp Mitigation Bank in Bert e County.
m. The permittee will retain a ten foot barrier median
through the wetlands on the east side of the Chowan River from
Station 4+900 to Station 5+30t: .
F
n. Surveys for submerged Aquatic Vegetation (SAV) shall be
conducted prior to the initiation of construction activities in
the Chowan River. The area will again 'be surveyed immediately
after completion of the bridge . A report detailing the resu1te
shall be submitted to Corps of Engineers within 60 days after
completion of the bridge . if SAVs have been lost, the report
shall also contain a mitigation plan to compensate for the
1Qaees . This plan must be approved by DWQ and the core .
o . The temporary road accesses will be removed within 30
days of the completion of the project . The wetland site8
impacted ':iy temporary construction access shall be monitored to
Insure that native wetland vegetation la recolonizing the sites .
If a site has not achieved 8O% areal coverage of native
vegetation within one year of the date the construction access es
removed, AICnOT shall plant the site with the species that were
present prior to the construction.
p . Work barges shall be floated into place and then Bunk
Additionally, work channels will not be dredged, nor "kicked" by
prop wash, to access any work site . Work barges will be marked
in accordance with us Coast Guard specifications .
q. The permittce shall develop and implement a data
recovery program fer the historic archeological site 31 BR52
(Edenhoese) which waa determined eligible for inclusion or ehe
National Register of Historic Places , The recovery program must
be approved by the N.C. Division of Archives and History and
completed before construction takes _place ,

FROM h'H HI i TCI; 0 . 21 . 1996 1 2�.i •
-4-
r. The permittee, its contractors andfor agents will
contact the US Army Corps of Engineers immediately if, during
.-onstruct i,on, submerged archaeological materials are encountered.
The site must be protected until the Corps of Engineers consults
with the North Carolina Depaxtrnent of Cultural Resources and an
appropriate course of action is developed by the permittee.
�-•_ m . The existing bridge superstructure will be removed
. irely from the Cho=pan River and placed and retained at an
:raved upland disposal site . The exiting bridge piers iacati d
`i.n the navigation channel will also be removed in their
e,_ ._.irety . The remaining br1d,ue piers, located outside of the
navigation channel, must be removed equal to or below the n ..ural
river bottom,
t . After.. appropriate salvage, the permittee, itte
contractors and/or agents shall utilize the usable remains of the
removed bridge to create artificial reefs. These reefs will be
placed by NCDOT at the discretion of the North Carolina Division
of Marine Fisheries and with the written permission from the
corps of Engineers, in accordance with the terms and conditions
of General Permit 198So 194 dated January 1 , 1992, within six
months after the bridge is removed,
u. Construction staging areas will not be situated in
waters of the United States, including wetlands.
v. The temporary placement or double handling of excavates
or fill materials within waters or wetlands is not authorized.
w. All fill material will be clean and free of any
pollutants except in trace gnautities.
x. All fill material will be immediately stabilized and
maintained to prevent exaoion and sedimentation into adjacent
waters and/or wetlands . Fescue will not be planted within
wetlands or any mitigation area .
y. The permittee will maintain the authorized work in good
condition and in conformance with the terms and conditions of
this permit . The permittee is not relieved of this requirement
it he abandons the permitted activity without having it
transferred to a third party.
z. An in-stream construction moratorium will he in effect
from February 15 to May 30 at the Pembroke Creek crossing to
minimize impacts to fishery resources .

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55..
Wet concrete shall not be allowed co contact the waters
of Pe;,ibroke Creek, the Chowan River, Albemarle Sound or their
tributaries . Water inside coffer dams or casings that h; e beer.
in c• with wet concrete should only be returned to the river
when longer poses a ehzcat to aquatic organisms;
bb. No attempt will be made by the permittee to prevenr_ the
full and free ume by the public of all navigable watera at or
adjacent to the ;authorized work. Use of the permitted activity
must not interfere with the public' s right to free navigation or.
all navigable waters of the united States .

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1.15 17
From West of the Chowan River to
US 17 Business East of Edenton
Bertie-Chowan Counties
Federal-Ad Project DPI-0199(005)
State Project 6.T010602
TIP Project R-2512
ADMINISTRATIVE ACTION
FINDING OF NO SIGNIFICANT IMPACT
U. S. Department of Transportation
f.'
Federal Highway Admini3trtion
And
N. C. Department of Transportation
UiviOon of Highways
Fubmitted pursuant tr: 42 U. S. C. 4332(2) (C)
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Date 4;,.. H. Thnkli-Vick, PA. , nager
Planring t17. 1 Environment:0 Branch, M-'7
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r . The permittee, its contractors and/or agents will
contact the us Army Corps of Engineels immediately if , during
construction, submerged archaeological materials are encountered.
The cite must be protected until the Corlos of Engineers consults
with the North Carolina Department of Cultural Resources and an
apv: ouriate course of action is developed by the permittee .
s . The existing :ori.acre s7.:perstructure will be removed
entirely from the Chown River and placed and retained at an
approved upland disposal site.. The existing bridge piers located
witin the navigation channel will also be rmcved in their
entirety . The remaining bridge piers, located outside of the
navigation channel, must be removed equal to or below the natural
river bottom.
(2*)
t . After approoriote salvage, the permittee, its
contractors and/or agents shall utilize the usable remains of the
removedbridge to create artificial reefs . These reefs will be
placed by NCI:OT at the discre-,:ion of the North Carolina Division
of Marine Fisheries and with the written permission from the
Corps of Engineers, in accordance with the terms and conditions
of General Permit 198500194 dated Januar1 1 , 1992 , within six
month s after the bridge is removed.
u. Construction staging areas wili not be si, uated in
waters of the United States, including wetlands .
v. The temporary placement or double handling of excavated
or fill materials within water or wotlands is not authorized.
w. All fill material will be clean and free ,.7)1 any
pollutants k -s.obt in trace quantities .
x. All fill mar.eral will be immediately stabi7fzed and
maintained to prevent ersion and sedimentaticn into adjacent
waters and/or wetlands . Fescue will not he planted within
wetlands or any mitigation area,
y. The permittee will maintain the authcr work in good
condition and in conformance with the terms and col.: -Lti-7s of
this permit . The permittee is not relieved ct this reciement
if he abandons the permitted activity without having it
transferred to a third party.
z . An in-stream constriction mora;orium will be in effect
from February 15 to May 30 at the Pembroke Creek crossing to
minimize impacts to fishery resources .
zo . ? ,0; o HI3-H4
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FACSIMILE TRANSMITTAL HEADER SHEET
31141,.",25'.1:: 0 P•.Too•ot ogeoco:1
NAME/ ; OFFICE TELCP1-40NE
COMMAND! FAX NO.
OFFICE OFFICE NO.
- /AUTO VON/Comm.).SYMBOL i tilt.lroVON/Comm.i.
FROM: MICHAEL I). 94ITII 1 —
NORTHERN SECTION i
REGULATORY BRANCH CHIEF ! (9191876-8441 [phone]
WILMINGTON DISTRICT CESAW-CO-RN 1 EXT. 27
Cl..ASSIFICATICN—PRECZ-7.0ENCE INC. F'A.GES TDATE-',-Tma raTITHTFAp i RELEASER'S .-SIGNATURE
i(IncaR1ing this I 1 1
I Hemthir)
REMARKS
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Sporn 90.47w or Camtntinit.nons Center Use Only
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. DA FORM 3918-R, JUL 90 DA f:ORM 391 )-R, AUG 12 IS OBSOLETE
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COMMENT: "As with other highway projects, a draft mitigation plan should
have been incorporated into this EA.°
tCPOT RESPONSE: A wetland mitigation pl.in will be prepared in cooperation
with appropriate review agencies prior to application for permits,
COMMENT: "she proposed project would result in major quantities of waste ��•from the the demolition of the old bridge. . .th. EA does not address the {__.
< isposalirecvCling potentials for the ;:onc;rete and steel ."
NCDt3T RESPONSE: A reosest has been received from the h.C, Division of
Marine Fisheries asking that rubble from the bridge be used on
artificial reefs maintained by that agency. NCUOT will make bridge
rubble which cannot be sold as scrap by the contractor available for
use on artificial reefs.
COMMENT: ". . .the EA failed to consider alternative construction
techniques to reduce the impacts to wetlands and the aquatic
environment."
NCDOT RESPONSE: See Section V-C of this document for discussion of
alternative bridge construction techniques.
COMMENT: "We believe the impacts of the project have been underestimated.
Much of the project is to be accomplished within the existing ROW
Aading to o fals-> presumption of minor impacts. . .Hydrologic
crossings such as the proposed new Chowan River bridge should be •
regarded as a major impact element based on the location in
designate Nutrient sensitive (estuarine) Waters, and amount of
impact which could reasonably be anticipated. It is not understood
why such a project would not fall under the Federal Highway
Administration regulations requiring the preparation of an
environmental impact statement."
NCDOT RESPONSE; There has not been a presu►7ptior', of miner impacts at any
point in the preparation of the environmental assessment for this
project. Tab's 4 on page 31 of the FA includes 20 different
alternative combinations for the project. The potential for wetland
impacts of this project drove the development of so many
alternatives. Wetland impacts played a major role in the selection
of the recommended alternative for this project. Fewer alternatives
would have been investigated had minor impacts been presumed.
;he proposed high - rise structure acrv: , the Chowan River will
replace an existirj structure which does not provide adequate roadway
width or navigational clearances and that is nearing the end of its
service life. The wider multi-lane bridge proposed will reduce the
likelihood of materials spills into the river due to accidents.
Also, the greater navigational clearances provided h', the propose:.
structure will decrease the like' wd of an acci : -• involving
marine tr ;f`ic. °verall , tt.K 7ro new bridge icipated to
have a minor ,ep :t on the Char
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i Depar',rne.,n7 l- Envfr7�i'fitri., Heaitt and N tur CirceS .Division of Marine Fishe? s', i
P.O BOX 70 • `4 ' hrej C;;3,, North yarol V 28»;?-0769
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G. Mdit'r, C,QVerr o `>x.'iiiiar n Honrt . Din:-.-:orm `7l (y'r•.t,., {, ScC*Ct3 (9 9i 726-7^21
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TO: Melba McGeL'., Division of Planning and 7-Lssess:ren%
TH-:OU(;H: Mike, St eet
1
r ' Sara F. Wins: �, yea../
lik, SUBJECT: cer.pi -,g - ?rotcsec Z:^.provements :c US 17 , f;.or. West o`
Chowen ,i r to US 17 rusiness East .,r Edenton - T = R-25 i2
1 DI, TL : September 9 , 1992
The North Carolina Div.:,sio.- of Marine -Fisher .es subru is -.he
:: !II
following comments concerning the proposed prc sect.
The Chowan River and Its tributaries function as the major
spawning and nursery areas for blueback ;:err _ng and alewiae in North
' Carolina . The system is also utilized by white and ye;:.low perch, and
catfishes !: spawning and nursery ground. Striped bass, American shad,
hickory shd, striped mullet , spot, croa%er and other commercially and
recreationally imp c.-tant species utilize to area as a nursery. The
e`1virS n-rl'E.'ntd1• integrity of the arp?a should be protected during
critical ' times of the year , d i n , on construction T•e;..".nds and
t�mefrates, ths agency may request some form of moratorium.
This agency would be concerned with any impacts or loss of
! wetlands that, ray result from this project.. Since the proposes
alignment is not provided th:..s ccnc.:er-n is hand r:-, address.
It should be ;voted that presently areas immediately ?.djacer t to
tt:e existing bridge are utilized by area pound net fishermen. Sit.ES
or such operations are required to he permitted with this dv': s ton On
��rt annual basis. Proposed construction locations should be
td t;; this off ice as s:on as possible in order to deal with
any confli be`.<<•_,, .. :onstructicn anr: .CDTt., ercia fishing activitis .
,
7A-30

f'EV,4,,if-ISlit;INGTW'; 08. 28. 1996 89=52 P.25
•
Melba McCee
September 9 , 1992
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Page Two
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The Division requi=s:s '`hat) :oridge rubble from. the dF31i1'ol it :or at
t
the existing br edge be used on artificial reefs maintained by this
�--- agency. :cord:n.atiori of these efforts sh:gild go through Mr . ytevQ
mu phy, Artificial Reef COQr ,.Matey , bMF, Morehead City .
•
•
• •`
1t
its
1 7%-31

it
a _ State of North Carolina
Department of Environment,
Health and Natural Resources Ar.
Division of Marine Fisheries ��
James 3. Hunt, Jr., Governor p H N F =1
Jonathan 3. Howes, Secretary
Bruce L. Freeman, Director
3 September 1996
Mr. Mike Smith -
U.S.Army Corps of Engineers
6508 Falls of the Neuse Road
Suite 120
Raleigh, NC 27615
Dear Mike:
The Division of Marine Fisheries(DMF) artificial reef staff an t with the Department of Transportation, Highway
Division (DOT) staff on 29 August 1996 to discuss use of the Chowan River bridge on one of our artificial reefs
upon replacement and demolition of the bridge. We are in the process of permitting a site in western Albemarle
Sound, about 2-3 miles from the existing bridge. The site is located at approximately 36 degrees N latitude, 76
degrees 40 W longitude, about one mile east of Black Walnut Point.
The steel span and steel girders supporting the bridge deck have been painted with red lead paint and are
considered contaminated and must be removed off-site for decontamination and recycling or disposal in an EPA-
approved hazardous waste site. We do not want these materials on the reef site.
The method of original construction of the bridge deck renders the concrete decking unsuitable for use on the reef,
because the sections cannot be removed in large pieces. Demolition will probably consist of smashing the material
from above down onto a barge stationed beneath the bridge. The small, dusty pieces will not be suitable for
placement on the reef. Further,this deck material has been in contact with the steel, lead-contaminated girders;
thus,the decking must be considered as contaminated. This material must be disposed of in an EPA-approved
hazardous waste site in order to avoid contamination of our Public Trust Waters and wetlands.
The under structure, consisting of bent caps and pilings would make good artificial reef materials if they can be
removed in large enough pieces. However, proper deployment of the materials is extremely important; our reefs
should not be considered as solid waste disposal sites. Some contractors possess equipment to properly place
materials on site,while others do not.
The DOT officials at our meeting have agreed to the contract language contained in the attached page to provide
guidance to potential contractors. The Division of Marine Fisheries supports this approach, and we request that
the Corps of Engineers permit for this project be modified to embody this concept.
Further discussions with DOT personnel will take place, looking forward to development of a long-term structured
approach to use of highway bridge debris for artificial reefs. Activities will include development of written
specifications by DMF, education of DOT staff, and education of potential contractors.
Thank you very much for your efforts and understanding.
Sincerely,
/(0‘1
Analysis and Planning ection 1 \\`
/sab QF Ct�lj \c'
cc: Mike Buhl Frank Vick . �� ;r
Mike Marshall Steve Murphey 4f� ��i I�996
Joan Weld ygce �. '
P.O. Box 759, Marei-ead City. Nora Carolina 23357-0759 Tele,none 919-723-7021 r iit< S
An F.7.uai C_oortunity Affirmative action Emolcy 50% r..ycled/ 10% ccst-consumer �aaer

Subject to compliance with regulations for disposal of materials at artificial reef sites,
the Contractor will be allowed to place specific parts of the existing bridge on the Black
Walnut Point Artificial Reef site. This site is located 2 to 3 miles downstream of the
bridge at approximately 36°-00'-00"N. latitude and 76°-4U'-00"W. longitude. Only entire
bent caps and concrete piles or portions of concrete piles will be allowed on the reef.
Disposal of all other parts of the existing bridge shall be in accordance with the
Standard Specifications and governing regulations. If the Contractor elects to utilize
the reef site, placement of material shall be coordinated with and meet deployment
specifications of the North Carolina Division of Marine Fisheries. For specific
requirements, contact either Mr. Steve Murphey, Artificial Reef Coordinator, or Mr. Mike
Marshall at [phone].