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HomeMy WebLinkAboutNCDOT 106-12 B-2500 Phase I Major Mod (2) Permit Class i . Permit Number MODIFICATION/MAJOR 106-12 STATE OF NORTH CAROLINA Department of Environmental Quality fand Coastal Resources Commission i Lr it 1 for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to N.C. Department of Transportation, 1598 Mail Service Center, Raleigh,NC 27699-1598 Authorizing development in_ Dare County at Oregon Inlet, Herbert C. Bonner Bridge on • NC Highway 12 as requested in the permittee's application.dated 10/1/15, i including the attached final STIP B-2500 Bonner Bridge Phase I SAV Mitigation Plan dated September 2015. This permit, issued on December 15,2015 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. • ; TIP No. B-2500, Phase I 1) Unless specifically altered herein, this Major Modification authorizes the final STIP B-2500 Bonner Bridge Phase I submerged aquatic vegetation (SAV) Mitigation Plan dated September 2015, and the • revised workplan drawing Figure 2 dated 12/3/15 which replaces the previously submitted workplan • • drawing Figure 2. The authorized activities include the construction of a wavebreak structi re that is .• approximately 500-foot long x 5 feet wide x 4 feet tall in Pamlico Sound approximately 3 miles • southwest of Oregon Inlet. NOTE: The specific development being permitted does not preclude the remainder of the B-2500 project being built in the Pamlico Sound provided that future development will be constructed in a way that avoids and minimizes impacts to AECs. • • (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DEQ and the other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission. date. This permit must be accessible on-site to Department personnel when the project is inspected for compliance. .` 47"'a''e` ie 62t — Z Any maintenance work or project modification not covered Braxton C. Davis, Director hereunder requires further Division approval. Division of Coastal Management . All work must cease when the permit expires on • This permit and its conditions are hereby accepted. • No expiration date, pursuant to GS 136-44.7B In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee �:..� N.C. Department of Transportation Permit No. 105-1?.. Page 2 of 5 ADDITIONAL CONDITIONS 1 2) The approved SAV mitigation plan shall not generate any excess mitigation credits. 3) In the event the structure does not perform as intended, after the 5th year of monitoring, or at final close- out, if requested by the N.C. Division of Coastal Management(DCM), in consultation with the U.S. Army Corps of Engineers (USACE), and N.C. Division of Water Resources (DWR), the permittee shall remove the structure. 4) The permittee and/or his contractor shall contact the DCM Transportation Project Field Representative in Elizabeth City at (252) 264-3901 to request a pre-construction conference prior to project initiation. DWR, USACE, and other appropriate resource agencies shall also be invited to attend. Discussion topics shall include verification of the approved orientation and placement of the wavebreak structure. • 5) Placement of the wavebreak structure, wave energy pressure sensors, and bioturbation exclusion • • treatments shall be limited to the areas as depicted and/or described in the approved SAV mitigation • plan. All material utilized shall be clean and free from loose dirt or any pollutant except in trace quantities. No permanent fill material shall be placed at any time outside of the alignment of the approved wavebreak structure without permit modification. • 6) In accordance with the approved mitigation plan, the permittee shall transplant SAV's that are located in the footprint of the authorized breakwater structure into gaps among existing SAV's on the leeward side of the wavebreak structure to contribute to SAV coalescence and a higher percentage of SAV coverage. 1) Floating barges shall be used for construction and shall be removed immediately when they are no longer needed. i ••• 8) No excavation shall occur within waters or wetlands of the State, either by conventional methods or by prop wash"kicking", without permit modification. 9) Live concrete shall not be allowed to contact waters of the State or water that will enter waters of the State. 10) The permittee and/or his contractor shall provide for proper storage and handling of all oils, chemicals, etc., necessary to carry out the project. 11) Any waste materials and debris associated with construction or other activities shall be disposed of at an approved upland site or shall be recycled in an environmentally appropriate manner provided appropriate authorizations from any relevant state, federal, or local authorities are obtained. 12) The high ground construction staging area shall conform to all requirements of the N.C. Sedimentation Pollution Control Act and the N.C. Department of Transportation's (NCDOT's) Memorandum of Agreement with the N.C. Division of Energy, Mineral, and Land Resources. N.C.v ..., Department of Transportation Permit No. 196-12 Page 3 of 5 ADDITIONAL CONDITIONS i Monitoring 13) An as-built report for the wavebreak structure shall be submitted to DCM within 90 days after it has been constructed. The as-built report shall include an explanation about how the final orientation and site of the wavebreak structure was chosen, including site selection criteria, modeling methods, and pre- project bathymetric survey results. The as-built report shall also include an exact GPS location of the wavebreak structure. 14) Throughout the monitoring period, the permittee shall provide DCM with a location map, planview, and cross-section drawing of the permanent and temporary locations of the pressure sensors, bioturbation exclusion treatments and control plots, and quadrats to monitor epibiota on the wavebreak structure, immediately after they are installed and/or relocated. These figures shall be updated as appropriate. 15) Annual monitoring reports for the SAV mitigation plan shall be provided to DCM and other appropriate resource agencies for a minimum of five years after mitigation site construction. Progress reports shall also be provided upon request. Annual monitoring reports shall include an update on the parameters of the plan that are contributing to or detracting from the overall goals of the plan in terms of SAV establishment, coalescence of existing patches, and overall persistence. This shall include, but not necessarily be limited to, monitoring of the following parameters cited in the permittee's application: wave energy (wave characteristics, water level, tide documentation, wave energy distribution), seagrass (gap closure, change in seagrass cover, biological disturbance), structure/hard surface (epibiota coverage), and sediment elevation (digital elevation models). 16) The annual monitoring reports shall include photographs and a written report, including a detailed description of the monitoring methodology. The annual monitoring reports shall include an analysis of the baseline vegetation site(s) that were established prior to construction, performance of the relocated seagrass, and the figures as required by this Major Modification. The annual monitoring reports shall include seagrass coverage persistence after construction, control sites, methodology for selecting bioturbation monitoring patch locations, and definition of patch coalescence. 17) There shall be no permanent impacts within the construction access corridor without permit modification. 18) Any temporary impacts to SAV's or waters of the State that occur during implementation of the approved SAV mitigation plan shall be monitored and documented in the annual monitoring reports. 19) In accordance with the approved SAV mitigation plan, the wavebreak structure shall be inspected for damage annually during the five year monitoring period. If monitoring data indicate that damage to the structure is having a negative effect on SAV coverage, then a remediation plan shall be developed in coordination with DCM. 20) During project implementation, if it appears as though the SAV acreage is not increasing as expected, the permittee shall coordinate with DCM and other appropriate agencies to determine whether any changes to the site are needed to stimulate SAV propagation. N.C. Department of Transportation Permit No. 106-12 Page 4 of 5 ADDITIONAL CONDITIONS • 21) The permittee shall conduct an annual meeting with DCM and other appropriate resource agencies to discuss and review the annual monitoring reports and monitoring methodology for a minimum of five years after mitigation site construction. 22) Predator excluder mesh (i.e. bioturbation exclusion treatment) and pressure sensors shall be completely removed immediately after they are no longer needed, or upon written notice of DCM, whichever occurs sooner. General • 23) If it is determined that additional impacts or project modifications are necessary that are not described in the approved SAV mitigation plan, a permit modification and/or additional authorization from DCM shall be required. The permittee shall contact a representative of DCM prior to commencement of any such activity for this determination and any permit modification. • 24) This permit authorizes only the structures that are expressly and specifically set forth in the permit application and shown on the approved SAV mitigation plan. No other structures, whether floating or stationary, may become a permanent part of this project without additional authorization from DCM. • No non-water dependent uses of structures may be conducted on, in, or over public trust waters without permit modification. 25) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit for the life of the permitted wavebreak structure. The permittee is not relieved of this requirement if he abandons the project without having the permit transferred to a third party. 26) Unless otherwise approved by DCM, in consultation with USACE and DWR, the approved SAV wavebreak structure, required signage and markings shall be inspected annually and shall be maintained in perpetuity and owned by the permittee or its approved designee. 27) During implementation of the mitigation plan, the permittee shall make every attempt to maintain the same navigation that is currently possible in the project area of Pamlico Sound. If this is not possible, then adequate notice shall be provided to the public that navigation will be limited during construction. The notice shall include an estimate of the amount of time that the limited navigation will occur. 28) No attempt shall 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 following completion of construction. 29) The permittee shall install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized structures. This includes the wavebreak structure and the pressure sensors. At a minimum, permanent reflectors shall be attached to the wavebreak structure in order to make it more visible during hours of darkness or inclement weather. N.C. Department of Transportation Permit No. 106-12 Page 5 of 5 ADDITIONAL CONDITIONS 30) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of DCM. 31) The permittee shall coordinate with the U.S. Army Corps of Engineers (USACE) and the N.C. Division of Water Resources (DWR)regarding the project. The permittee shall provide any permits issued by USACE and DWR to DCM. NOTE: The N.C. Division of Water Resources has assigned the proposed project DWR Project No. 20151222. NOTE: This Major Modification does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. 32) This Major Modification shall be attached to the original of Permit No. 106-12, which was issued on 9/19/12, as well as all subsequent modifications, and copies of all documents shall be readily available on site when a Division representative inspects the project for compliance. 33) All conditions and stipulations of the active permit remain in force under this Major Modification unless specifically altered herein. NOTE: An application processing fee of$475 was received by DCM for this project. -9500 • s..SfAI[o rn\)'1� \oR S)rnrn-6l � r STATE OF NORTH CAROLINA I I DEPARTMENT OF TRANSPORTATION PAT L.MCCRORY NICHOLAS J.TENNYSON GOVERNOR SECRETARY October 1, 2015 E V E - N.C. Division of Coastal Management E C 1367 US 17 South Elizabeth City, NC 27909 OCT 0 1 2015 ATTN: Mr. Greg Daisey i)1V O f COA E.IGHNAGEMENT BAALLE NCDOT Coordinator Subject: Request for Modification of the CAMA Major. Development Permit for the Construction of Wavebreak Structure and Subsequent Study to Serve as Mitigation to Offset Potential Loss of SAV Habitat During Construction of the Replacement of Bridge No 11 over Oregon Inlet on NC 12 in Dare County. TIP No. B-2500 Phase I, Debit $475 from WBS Element 32635.1.3 References: CAMA Permit No. 106-12 dated September 19, 2012 Dear Sir: The North Carolina Department of Transportation requests modification to the above referenced permit, as the mitigation plan to offset potential impact(s) to Submerged Aquatic Vegetation (SAV) due to the replacement of Bridge 11 has been finalized. The attached Phase I SAV Mitigation Plan proposes a 500-foot long wavebreak structure, engineered to attenuate wave energies and provide a suitable wave climate to promote SAV coverage. The mitigation site is located southwest of Bonner Bridge, on a stable shoal that has supported patchy seagrass cover since at least 2012. Construction of the structure will occur from barges and equipment will not dredge or be dragged on the sound bottom. Impacts to the sound bottom will be limited to include the driving of piles, and the placement of the structure itself. The proposed, 500-foot long Reefmaker structure, is estimated to have a 0.06 ac (2,500 sq.ft.) benthic footprint. It is anticipated that any SAV impacts during construction will be offset by relocation into the forecast wave shadow of the structure. An "as-built" report will be supplied to DCM after installation. MAILING ADDRESS: TELEPHONE: 919-707-6100 LOCATION: NC DEPARTMENT OF TRANSPORTATION FAX: 919-212-5785 PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 1020 BIRCH RIDGE DRIVE 1598 MAIL SERVICE CENTER WEBSITE: WWW.NCDOT.ORG RALEIGH NC 27610-4328 RALEIGH NC 27699-1598 , • • Monitoring Monitoring of the SAV mitigation site will be conducted for a period of up to 5 years following installation of the wavebreak structure, and will include monitoring of wave energy, seagrass, structure/hard surface, and sediment elevation.A detailed monitoring plan is in the Mitigation Plan. Proposed Let Date Construction of the structure may begin as soon as all permits are received. Regulatory Approvals CAMA: Request for modification of the existing CAMA permit is hereby made for the above-mentioned activities. Authorization to debit $475 from WBS 32635.1.3 is hereby given for the permit application fee. Section 404 Permit: A request to the US Army Corps of Engineers for Section 404 approval will be sent under separate cover. Section 401 Certification: A request to the NC Division of Water Resources for Section 401 approval will be sent under separate cover. A copy of this request and its distribution list will be posted on the NCDOT Website at: https://connect.ncdot.gov/resources/Environmental. If you have any questions or need additional information, contact Michael Turchy at maturchy@ncdot.gov or 919 707-6157. Sincerely, ,c Richard W. Hancock, P.E., Manager Project Development and Environmental Analysis Unit cc: NCDOT Permit Application Standard Distribution List • • • 1 ECEIVED NMIIP-■ r'uvA uwu for OCT 0 1 2015 DIV. OF COASTAL MANAGEMENT Maier 0sv�op•�Pit RALEIGH (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 B-2500 SAV Mitigation Applicant 1: First Name MI Last Name Richard W Hancock Applicant 2: First Name MI Last Name If additional applicants,please attach an additional page(s)with names listed. Mailing Address PO Box City State 1020 Birch Ridge Drive Raleigh NC ZIP Country Phone No. FAX No. 27610 US 919-707-6157 ext. - Street Address(if different from above) City State ZIP Email maturchy@ncdot.gov 2. Agent/Contractor Information Business Name N/A 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 Phone No. 2 ext. - - ext. FAX No. Contractor# Street Address(if different from above) City State ZIP Email <Form continues on back> 252-808-2808 :: 1-888-4RCOAST .. www.nccoastalmanagement.net Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County(can be multiple) Street Address State Rd.# Dare Pamlico Sound:35.75084041,-75.58649065 NC-12 Subdivision Name City State Zip N/A Rodanthe NC n/a- 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 Pasquotank Pamlico Sound c. Is the water body identified in(b)above,natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural DManmade ['Unknown Pamlico Sound e. Is proposed work within city limits or planning jurisdiction? f. If applicable,list the planning jurisdiction or city limit the proposed Dyes ®No work falls within. N/A 4. Site Description a. Total length of shoreline on the tract(ft.) b. Size of entire tract(sq.ft.) 0 2,495,969 sq.ft or 57.3 acres c. Size of individual lot(s) d. Approximate elevation of tract above NHW(normal high water)or N/A, NWL(normal water level) (If many lot sizes,please attach additional page with a list) subtidal NHW or❑NWL e. Vegetation on tract Halodule wrightii,Zostera marina, Ruppia maritima f. Man-made features and uses now on tract No features currently on tract. Tract consists of open water within Pamlico Sound.Area is used for recreational purposes (boating, fishing). g. Identify and describe the existing land uses adiacent to the proposed project site. Recreational(Cape Hatteras National Seashore and Pea Island National Wildlife Refuge),open space,open water and commercial(marina). h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? Open water-Unzoned (Attach zoning compliance certificate,if applicable) Dyes ❑No ®NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? Dyes No k. Has a professional archaeological assessment been done for the tract? If yes,attach a copy. Dyes ®No DNA If yes,by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a Dyes No DNA National Register listed or eligible property? <Form continues on next page> 252-808-2808 .. 1-888-4RCOAST www.nccoastalmanagement.net Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit OCT 0 1 2015 m. (i) Are there wetlands on the site? -);V OF COASTAL MANAGEMENT Dyes No RALEIGH (ii)Are there coastal wetlands on the site? Oyes No (iii)If yes to either(i)or(ii)above,has a delineation been conducted? Dyes ❑No (Attach documentation,if available) n. Describe existing wastewater treatment facilities. N/A o. Describe existing drinking water supply source. N/A p. Describe existing storm water management or treatment systems. N/A 5. Activities and Impacts a. Will the project be for commercial,public,or private use? ['Commercial ®Public/Government ['Private/Community b. Give a brief description of purpose,use,and daily operations of the project when complete. Wave attenuation using"reefmaker"wavebreak/sill to promote SAV growth. Site monitoring will include wave energy,SAV cover,epibiota on wavebreak,biological disturbance and sediment elevation. Monitoring will be conducted for five years following completion of the project. 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. Water based construction using one specialized shallow draft push barge with custom mini excavator and 8"spuds,two shallow draft barges,one landing craft barge with 360°active sonar and internal bilge system,and one standard jetfloat platform with expandable units. Equipment will be stored at 301 Harbor Road,Wanchese,NC 27981. d. List all development activities you propose. Relocate SAV from structure area to leeward side of wavebreak. Reefmaker precast molds will be set up at construction staging area located at 301 Harbor Road,Wanchese, NC 27981. Reefmaker units and fiberglass pilings will be loaded on barge and floated to site location with minimal bottom disturbance. Pilings will be jetted and vibrated into substrate andliFLL,it_ of reefmaker units will be placed over and locked into pilings. Seagrasses will have predator excluder mesh installed.SAV, epibiota,water level and sediment will be montiored for five years. e. Are the proposed activities maintenance of an existing project,new work,or both? New work f. What is the approximate total disturbed land area resulting from the proposed project? 2,500 ®Sq.Ft or DAcres g. Will the proposed project encroach on any public easement,public accessway or other area ['Yes No DNA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. n/a i. Will wastewater or stormwater be discharged into a wetland? Dyes No DNA If yes,will this discharged water be of the same salinity as the receiving water? ['Yes DNo DNA j. Is there any mitigation proposed? Dyes ❑No ®NA If yes,attach a mitigation proposal. <Form continues on back> 2 �2-808-2808 1 -888-4RCOAST www.nccoastalmanagement.net Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 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)—(I)are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate,dated work plat(including plan view and cross-sectional drawings)drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work,clearly indicate on maps,plats,drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed(with state application only)or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront(riparian)landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name N/A 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,permittee,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 2C/5 Print Name Ric-HAP-1) w4. HA11COCK Signat Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ®DCM MP-4 Structures Information 52-808-2808 -t-888.4RCOA$T w'i .-,aster . L. CiVED Form DCM MP-4 OCT 0 1 2015 STRUCTURES 'l11. OF COASTAL MANAGEMENT RALEIGH (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit,Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS ®This section not applicable a. (i) Is the docking facility/marina: b. (i)Will the facility be open to the general public? ['Commercial ❑Public/Government ❑Private/Community Dyes ❑No c. (i)Dock(s)and/or pier(s) d. (i)Are Finger Piers included? Dyes ❑No (ii)Number If yes: (iii)Length (ii)Number (iv)Width (iii)Length (v)Floating Oyes ❑No (iv)Width (v)Floating Oyes ❑No e. (i) Are Platforms included? Oyes ❑No f. (i) Are Boatlifts included? Oyes ❑No If yes: If yes: (ii)Number (ii)Number (iii)Length (iii)Length (iv)Width (iv)Width (v)Floating Oyes ❑No Note: Roofed areas are calculated from dripline dimensions. g. (i)Number of slips proposed h. Check all the types of services to be provided. ❑Full service,including travel lift and/or rail,repair or (ii)Number of slips existing maintenance service ❑Dockage,fuel,and marine supplies ❑Dockage('Wet slips")only,number of slips: ❑Dry storage;number of boats: ❑Boat ramp(s);number of boat ramps: ❑Other,please describe: i. Check the proposed type of siting: j. Describe the typical boats to be served(e.g.,open runabout, ❑Land cut and access channel charter boats,sail boats,mixed types). DOpen water;dredging for basin and/or channel ['Open water;no dredging required ❑Other;please describe: k. Typical boat length: I. (i)Will the facility be open to the general public? Dyes ❑No m. (i)Will the facility have tie pilings? Dyes ❑No (ii)If yes number of tie pilings? 252-808-2808 :: 1-888-4RCOAST ::www.nccoastalmanagement.net revised: 12/27/06 Form DCM MP-4 (Structures, Page 2 of 4) 2. DOCKING FACILITY/MARINA OPERATIONS ®This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑Office Toilets ❑Toilets for patrons;Number: ; Location: ❑Showers ❑Boatholding tank pumpout;Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste,fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i)Give the location and number of"No Sewage Discharge"signs proposed. (ii)Give the location and number of"Pumpout Available"signs proposed. f. Describe the special design,if applicable,for containing industrial type pollutants,such as paint,sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and"No Wake"signs proposed. i. Give the location of fuel-handling facilities,and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live-aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina,what types of services are currently provided? m. Is the marina/docking facility proposed within a primary or secondary nursery area? O yes ❑No 252-808-2808:: 1-888-4RCOAST::www.nccoastatmanagement.net revised: 12/27/06 EC EF:' WED Form DCM MP-4 (Structures, Page 3 of 4) n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? OCT 0 1 2015 ❑Yes ❑No 9 q egi Qi ')' lrtlb`t rtvEMENT o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh(CW),submerged a vatic v etaTfo ( , (SB),or other wetlands(WL)? If any boxes are checked,provide the number of square feet affected. LiI GH ❑CW ❑SAV ❑SB OWL ❑None • p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? Oyes ❑No If yes,give the name and address of the leaseholder(s),and give the proximity to the lease. 3. BOATHOUSE(including covered lifts) ®This section not applicable a. (i) Is the boathouse structure(s): ❑Commercial OPublic/Government ❑Private/Community (ii)Number (iii)Length (iv)Width Note: Roofed areas are calculated from dripline dimensions. 4. GROIN(e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) ®This section not applicable a. (i) Number (ii)Length (iii)Width 5. BREAKWATER(e.g., wood,sheetpile, etc.) ❑This section not applicable a. Length 500 ft b. Average distance from NHW,NWL,or wetlands N/A c. Maximum distance beyond NHW,NWL or wetlands N/A 6. MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s): b. Number ❑Commercial OPublic/Government OPrivate/Community c. Distance to be placed beyond shoreline d. Description of buoy(color,inscription,size,anchor,etc.) Note: This should be measured from marsh edge,if present. e. Arc of the swing 7. GENERAL 252-808-2800 :: 1-888-4RCOAST::www.nccoastalmanagement.net revised: 12/27/06 �IfA99 fi -Alt 0,1:a7‘'Li ri"t?' , :iY qo 4 of 4) a. Proximity of structure(s)to adjacent riparian property lines b. Proximity of structure(s)to adjacent docking facilities. 0.93 mile 4 miles Note: For buoy or mooring piling,use arc of swing including length of vessel. c. Width of water body d. Water depth at waterward end of structure at NLW or NWL 11.5 miles 1-3 ft e. (i) Will navigational aids be required as a result of the project? ®Yes ❑No DNA (ii)If yes,explain what type and how they will be implemented. To be determined by USCG. 8. OTHER ❑This section not applicable a. Give complete description: See SAV mitigation plan and permit modification narrative. October 1,2015 Date B-2500 SAV Wavebreak Mitigation Structure Project Name North Carolina Department of Transportation Applicant Name f� t'S�r 'etc HA-Qb id #4itjcor:l( Applicant Signature 262-Flaa.:13 : I•Atit).4t+'Cf)It..'.,`% vuww.6iC:.. i;,wta lfroi:.e,yirror:t.rits OCT 0 1 2015 .)9\!. OF COASTAL MANAGEMENT RALEIGH STI P B-2500 BONNER BRIDGE PHASE I SAV MITIGATION PLAN PAMLICO SOUND, OREGON INLET DARE COUNTY NORTH CAROLINA 490�i p P September 2015 STIP B-2500 Bonner Bridge Phase I SAV Mitigation Plan Table of Contents 1.0 Introduction & Background 1 1.1 Project Objective 1 1.2 Existing Conditions 1 2.0 Proposed Mitigation Plan 2 3.0 Construction Implementation and Methodology 4 4.0 Monitoring 6 5.0 Remediation and Long-Term Management 8 6.0 Mitigation Summary 8 7.0 References 9 List of Tables Table 1. Seagrass and elevation survey results 2 Table 2. 500-foot Reefmaker structure surface area calculations 3 Table 3. Types of vessels used during construction to minimize bottom disturbance 4 Table 4. Mitigation summary 8 List of Appendices Appendix A: Figures Figure 1. Project Vicinity Figure 2. Project Location Figure 3. Percent Change in Seagrass Cover for Representative Wave Energy Difference of 10% or Greater Figure 4: Percent Change in Seagrass Cover for Representative Wave Energy Difference of 20% or Greater Figure 5: Project Construction and Staging Appendix B: Exhibits Exhibit 1. Reefmaker"Ecosystem" Units Design— Front Elevation View Exhibit 2. Reefmaker"Ecosystem" Units Design— Profile View Exhibit 3. Reefmaker"Ecosystem" Units Design— Plan View csk SEPI C nM.itmram STIP B-2500 Bonner Bridge Phase I SAV Mitigation Plan 1.0 INTRODUCTION & BACKGROUND The Herbert C. Bonner Bridge is reaching the end of its service life and needs to be replaced. The Bonner Bridge provides the only highway connection for Hatteras Island to the mainland in Dare County, North Carolina via NC 12 and US 64 (Appendix A, Figure 1). The Bonner Bridge will be replaced with a new bridge that will provide access to Hatteras Island across Oregon Inlet. The bridge replacement project is known as State Transportation Improvement Project (STIP) B- 2500, replace bridge 270011 (Herbert C. Bonner Bridge) over Oregon Inlet, NC Improvements. In 2012 CSA Ocean Sciences, Inc. was contracted by the North Carolina Department of Transportation (NCDOT) to conduct seagrass mitigation to compensate for losses anticipated to occur during the replacement of the Bonner Bridge over Oregon Inlet (Fonseca, 2015). This project is part of a larger long-term effort to determine the best strategy and methodology for seagrass or submerged aquatic vegetation (SAV) restoration and mitigation in North Carolina. Submerged aquatic vegetation helps stabilize coastal shorelines through rhizome binding of sediment in shallow nearshore regions, suspended sediment trapping, and wave and current attenuation. SAV distribution is driven by water depth, light penetration, nutrient loading, salinity, exposure to waves and currents, biological disturbance and fishing practices, and in particular, vulnerability to extreme storm events. Because SAV have stabilizing effects on the coastlines around the areas they inhabit, substantive changes in the SAV community will strongly shape the physical integrity of the coastline.Also, because SAV provides critically important food and shelter for fisheries, changes in SAV will affect the fisheries of the future (NCCOS, 2012). Replacement of the Bonner Bridge will permanently impact approximately 2.66 acres of SAV areas for which mitigation will be required. Mitigation measures will include removal of the existing bridge that will unshade 1.38 acres of suitable habitat, and the remaining 1.28 acres will be mitigated near the project area at the SAV mitigation site described in this plan. This 17-acre mitigation site will generate 1.3 acres of lift in SAV cover coupled with an additional 0.3 acres of hard surface habitat suitable for colonization by algae, oysters and other sessile communities. 1.1 PROJECT OBJECTIVE The objective of this mitigation project is to reduce the amount of wave energy within the project site to allow for a more continuous cover of SAV (specifically the seagrasses Halodule wrightii and Zostera marina) to expand, providing increased seagrass acreage and associated ecosystem services. These services include water quality improvement, aquatic habitat creation, reduced sediment movement and plant community establishment. The wave break proposed in this mitigation plan will also create new linkages between intertidal and aquatic environments. 1.2 EXISTING CONDITIONS The mitigation site (Site S2) is located immediately west of the existing Bonner Bridge (Appendix A, Figure 2), and was selected as the preferred site following an April 28, 2015 field verification. It is located on a stable shoal that has supported patchy seagrass cover since at least 1998. During the April 28, 2015 field verification, a point-intercept survey was conducted at sites S2, S2A and S4 to determine the beginning and end point of seagrass along each transect and ultimately the SAV percent cover. Site S2 demonstrated a modest seasonal fluctuation in seagrass cover, increasing 15 percent since the previous survey conducted in 2012, but only to 26 percent cumulative cover (Table 1). Site S2A was rejected because of an emerging clay lens observed in the potential planting area (SAV does not grow well in clay). Site S2 was selected 1 A (SSEPI STIP B-2500 Bonner Bridge Phase I SAV Mitigation Plan over Site S4 because of the potential for more change in seagrass cover with gap closure among the existing patches. Table 1. Seagrass and elevation survey results Average Patch Seafloor Elevation Percent Cover Percent Cover Size(2015) (ht.ht. above MSL in Site (2015) (2012) (ft2) ft) Site S2 26 11 26.9 -1.48 Site S2A 3 7 31.2 -2.66 Site S4 54 53 84.6 -2.89 The proposed site will be staked and signed to demarcate the proposed structure location during the public notice period; additional signage will be posted at Oregon Inlet Fishing Center. 2.0 PROPOSED MITIGATION PLAN This project is intended for mitigation for SAV impacts associated with Phase I of B-2500, the Bonner Bridge replacement project. A unique and proven engineered structure is proposed to attenuate wave energies and provide a suitable wave climate to promote SAV coverage. The wavebreak will be a permanent, `living' structure. The proposed structure is a 500-foot long wavebreak. The length was determined by iteratively adjusting the wall length and running wave and seagrass forecasting models (see below) on each successive wall length until an increase in seagrass cover meeting the mitigation acreage of 1.28 acres was achieved. The nearest portion of the structure is approximately 900 feet east of the closest existing tidal channel and approximately 2,200 feet from the deepest portions of that channel. Given this distance and the observed stability of the shoal over time (Google Earth imagery; 2004, 2006, 2008, 2009, 2011, 2014 and recent NCDOT high resolution imagery 2012, 2015), this distance is judged to be adequate to avoid any influence of the channel. The proposed design involves installing a continuous series of innovative wave attenuation structures, termed "EcoSystem Units", by Reefmaker (http://www.reefmaker.com/marine- ecosystems). Each wave attenuator -unit" is comprised of a stack of concrete molded trays set with natural rock material such as granite. These systems are designed to fully attenuate wave energy while still allowing for the exchange of water and the passage of organisms through and around the structure's individual components. Moreover, they are designed for use in high energy wave environments and to survive the passage of large storms such as hurricanes. The proposed structures are comprised of individual units that are four feet tall and approximately five feet wide (Appendix B, Exhibits 1, 2, and 3). The benefits of this system include its ability to decrease the wave energy in the target location and to increase hard surface area serving as epibiota habitat while reducing the benthic footprint compared to other techniques. 2 CSA �SEPI STIP B-2500 Bonner Bridge Phase /SAV Mitigation Plan The Reefmaker systems have a much smaller benthic footprint(25 square feet per unit) to reach the desired height and have less impact upon installation than a traditional rock wavebreak. A traditional rock wavebreak of similar size with 2:1 slopes would have a 10,000 square foot benthic footprint. The proposed, 500-foot long Reefmaker structure, is estimated to have a 2,500 square foot benthic footprint. The design of the Reefmaker"EcoSystem Units"also provides considerable surface area for oyster settlement and other biofauna (Table 2). Based on preliminary design it is anticipated that approximately two units will be submerged below the normal high water level. Table 2. 500-foot Reefmaker structure surface area calculations Wave Attenuator Surface Areas Units(vertical) (sq.ft(ac)) Total Pilings/Units 2 11,413 (0.26) 101 2.5 14,696 (0.34) 101 3 17,978 (0.41) 101 The design and location of the wavebreak was developed by forecasting the wave conditions (Malhotra and Fonseca, 2007) and the associated change in seagrass cover that was expected to occur with the presence of the structure. The relationship of wave energy to predicted percent seagrass cover of the seafloor (Fonseca and Bell, 1998; re-fit with a yet more conservative _regression model) was utilized to predict the percent seagrass cover of the seafloor with and without the wavebreak structure present. Change in seagrass cover by creation of the 500-foot wavebreak was based on the area of wave energy reduction ranging from 10 to 20 percent of ambient/normal wave energy. This range was judged to provide a conservative estimate of wave energy reduction over which to forecast seagrass cover while ensuring the target area (1.28 acres) would be met. Figure 3 (Appendix A) shows the forecast for wave energy reduction to 10 percent of the ambient/normal wave energy, creating a wave shadow of approximately 57.3 acres. The forecast increase in seagrass acreage for the 10 percent assessment in this shadow area is approximately 0.91 acres. Figure 4 (Appendix A) shows the forecast for wave energy reduction to 20 percent of the ambient/normal wave energy, creating a wave shadow of approximately 17.3 acres. The forecast increase in seagrass acreage for the 20 percent assessment in this shadow area is approximately 1.65 acres. The midpoint of the forecast change in seagrass cover in this 10 to 20 percent range of wave energy reduction is a net addition of 1.3 acres. Construction of the wavebreak structure will impact some existing seagrass patches. These seagrass patches will be relocated to gaps among patches on the lee side of the wavebreak structure to potentially accelerate the anticipated gap closure among the seagrass patches. The effect of the relocation will be tracked as part of the monitoring survey. Specifically, prior to installation of the wavebreak, a point-intercept survey will be conducted within the footprint of the wall and construction access corridor (e.g., construction barge). Three parallel lines running the entire length of the structure and corridor will be surveyed by this method and the percent cover of seagrass computed to document the amount of seagrass moved. The performance of the relocated seagrass will be monitored separately from other surveys, but will employ the same methods. In addition, the SAV environment within the vicinity of the existing Bonner Bridge will improve upon the bridge's removal in that shading to these habitats will be eliminated. The SAV habitat within the existing bridge location and the area of new bridge construction will be monitored as outlined in Section 4.0. 3 Q)SEPI STIP B-2500 Bonner Bridge Phase I SAV Mitigation Plan 3.0 CONSTRUCTION IMPLEMENTATION AND METHODOLOGY The construction of the Bonner Bridge seagrass mitigation wavebreak structure involves the following construction phases: Phase 1 —Reefmaker Casting • Setting up the casting molds • Pouring concrete and creating the Reefmaker units at the land base staging site (Figure 5 [Appendix A]) - 301 Harbor Road Wanchese, N.C. 27981) • Concrete pouring and setting activities will remain in upland staging area Phase 2—Material Transport • Materials including pilings, Reefmakers and hardware will be loaded onto the shallow draft barges and transferred to the site location from the land based staging area (Table 3) Table 3. Types of vessels used during construction to minimize bottom disturbance Number of Vessel Each Vessel Size(Ft.) Draft(In.) Specialized Equipment Type • 360°sonar Landing Craft 1 42 X 13 8.0 • Internal Bilge Barge • Drill Hole • Lifting Device Shallow Draft 2 20 X 40 12.0 Barge • Manual Positioning Shallow Draft 1 24 X 45 12.0 • Customized Mini Excavator Barge with 42' Extension Arm Skiff 3 22 X 10 8.0 • Custom Jack Plates • Marine Tug Push Knee Standard Jetfloat 1 4 X 4 1.0—6.0 • Expandable Units Platform Phase 3—Structure Installation The 24 X 45 shallow draft barge with a 42-foot custom mini excavator will be used in conjunction with specialized 8.0-inch spuds to minimize benthic impacts (Photos 1 and 2). A separate expandable standard jetfloat platform will be erected and attached to the working shallow draft barge. Pilings will be jetted and vibrated to depths of 20 to 30 feet. The units will be systematically assembled using the mini excavator 42-foot arm. The Reefmaker unit hardware will be installed following placement. Due to the dynamics of Oregon Inlet, potential entanglement of aquatic species and issues concerning worker safety, turbidity curtains will not be used during construction. 4 �` i STIP B-2500 Bonner Bridge Phase I SAV Mitigation Plan Photo 1. Shallow Draft Barge Photo 2. Customized Mini Excavator j.V• r a M' ... . . I• ..-4 � ,. NCDOT will install and maintain any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. NCDOT will submit a Private Aids to Navigation Application to the U.S. Coast Guard. The construction schedule is dependent on receipt of permits, procurement of contractors, and appropriate weather conditions. SAV and Benthic Habitat minimization and avoidance measures During material transport and construction extra caution will be taken not to disturb the bottom habitat. A specialized landing craft barge will be used during transport and construction phases to assist with supplies and emergency response (Photo 3). The barge will be equipped with 360° sonar and an internal bilge system that will be used to monitor water level depths to avoid any impact to existing SAV during construction. Photo 3. Landing Craft Barge .......t..• o, ...11.._ Ircirriv---, v.* 5 -: SEPI STIP B-2500 Bonner Bridge Phase I SAV Mitigation Plan Threatened and Endangered Species Protection During construction all precautions will be taken and activities monitored not to impact Threatened and Endangered Species. Threatened and Endangered Species Protection measures are addressed in the original CAMA permit additional conditions sections 35 and 36. These conditions specify: 35) In accordance with commitments made by the permittee, the discretionary measures for the piping plover and three species of sea turtles that are described in the permit application that include the terms and conditions outlined in the July 10, 2008 United States Fish and Wildlife Service (USFWS) Biological and Conference Opinions shall be implemented. 36) In accordance with commitments made by the permittee, all conditions outlined in the USFWS Guidelines for Avoiding the West Indian Manatee: Precautionary Measures for Construction Activities in North Carolina Waters shall be implemented. 4.0 MONITORING Various aspects of the proposed project will be monitored solely for purposes of identifying contributing factors affecting success of the SAV establishment, coalescence of existing patches, and overall persistence. These variables will be monitored through statistically robust design and sampling and documented in order to advance the science and improve the future of SAV mitigation success in North Carolina. SAV Mitigation Site Monitoring Mitigation site monitoring will be conducted for up to five years after installation of the wavebreak structure. The methodology for SAV restoration monitoring includes the following: o Wave Energy: Pressure sensors will be deployed 25 meters in front of and 25 meters behind the wavebreak to validate wave simulation models. Sensors are cylindrical (approximately two inches in diameter by 10 inches long) and will be mounted horizontally on the seafloor approximately six inches above the substrate on an embedded (into the seafloor) solid base. These sensors will record wave characteristics. They will be set to record bursts of pressure data every 30 minutes--arr sampling rate of 4 Hz for 128 seconds. These data will also provide water level and tide documentation. During times of onsite seagrass surveys, these sensors will be systematically but temporarily relocated across the site to provide a spatially articulated assessment of wave ener distribution with regard to prevailing conditions. These wave energy maps o e area around each wavebreak will be used to inform the seagrass survey and determine the onsite relationships between wave energy distribution and seagrass coverage response. c Seagrass: Gap closure among seagrass patches and change in seagrass cover will be evaluated across wave energy regimes (to include at least 57 acres). Four wave energy regimes (treatments) will be defined by a required re-analysis of the wave energy distribution of the final wavebreak design and validation. The wave energy regimes will represen mbien references < 10 percent forecast reduction), low reduction (10 to 33 percent forecast reduction), moderate reduction (34 to 66 percent forecast reduction) and high wave energy reduction (> 66 percent forecast reduction). The percent reduction regimes will be defined from a cumulative frequency analysis of the area covered by the 6 CSA STIP B-2500 Bonner Bridge Phase l SAV Mitigation Plan modeling effort where greater than 10 percent energy reduction was forecast to occur as the result of the wavebreak structure. The effect of biological disturbance on seagrass, specifically gap closure will also be tested. Two bioturbation exclusion treatments will be utilized, one with and one without exclusionary wire mesh (removed after patch coalescence has occurred). Large gap (four to six inch) metal mesh will be laid flush on the seafloor and anchored with approximately one to two-foot long J-shaped rebar stakes. Seagrass shoots would extend through the large gaps allowing their continued growth and expansion (vis a vis "TERF" method http://seagrant.mit.edu/eelgrass/background/transplantinq.html; F. Short, UNH). Flush deployment on the seafloor plus anchoring is performed to prevent entanglement by sea life, such as diving birds. Randomly selected seagrass patches will constitute the individual (replicate) test units. To choose individual test units, a location will be randomly chosen in each forecast wave energy treatment area. The nearest seagrass patch to that location meeting two criteria will be selected as a test unit. The individual seagrass patch must first approximately match the average site patch size (+/- 1 standard deviation). The seagrass patch must also be separated from the next nearest patch by a minimum of the site average gap distance. Ten patches will be selected per wave energy treatment; five will be protected with wire mesh and five will be un-protected. The statistical approach for this experiment on the effect of waves and biological disturbance on patch expansion is a repeated measures two-way analysis of variance with wave energy and patch protection as main effects. The survey will end when patch coalescence begins; at this point the mesh and stakes will be removed and disposed of appropriately. o Structure/Hard Surface: Epibiota on the structure will be monitored through the establishment of randomly-placed, permanent quadrats, stratified by either side of the wavebreak (exposed versus sheltered side) and by elevation on the structure (near seafloor, mid-tide, high-tide) for a total of six monitoring strata. Ten quadrats would be assigned per strata for a total of 60 quadrats. Epibiotic coverage will be evaluated annually using a repeated measures design. The quantification will be determined based on the epibiota that recruit, but is anticipated to include percent cover by community type visually identified to the lowest practicable taxonomy. o Sediment Elevation: Digital elevation models will be creted,_encompassing the full forecast extent of wave attenuation out to and includingjdjacent reference areas�un- affected by the wavebreak to relate seagrass response not only-To—changes in wave climate but also to quantify any changes in sediment elevation. Sediment accumulation or loss can strongly affect seagrass coverage and thus is needed to provide explanatory capacity for seagrass performance. Because the wavebreak structure will be installed on a flat sand surface, little change in seafloor elevation is anticipated around the structure as the result of changes in wave energy.Wave refraction should be limited (i.e., no change in seafloor elevations) and effects should be limited primarily to wave diffraction. Any changes arising from the structure are anticipated to be minor and immediately adjacent to the wavebreak itself. The wavebreak is also installed at the seafloor surface to prevent sand scour under the structure. The information obtained through the monitoring of this project will substantially increase the state of seagrass mitigation science by both quantifying the relationship between seagrass cover and 7 CSA jSEPI STIP B-2500 Bonner Bridge Phase I SAV Mitigation Plan wave energy and by understanding the difference in the expansion rate of patches among armored and unarmored patches. Improving the quantification of wave and seagrass landscape cover will specifically inform future seagrass mitigation efforts using wave attenuation approaches. Similarly, understanding the relative impact of bioturbation versus waves on maintenance of seagrass landscapes will inform future mitigation efforts as to the degree (if any) of bioturbation exclusion needed to effect persistent coverage. Both aspects (waves and bioturbation) address important information gaps for North Carolina (and elsewhere) regarding the relative influence of waves and bioturbation on seagrass patchiness and have high intrinsic value. Temporary SAV Impact Monitoring NCDOT will provide an annual update on the SAV areas temporarily impacted by the bridge construction. This annual update will consist of photographs and a written report on the progress of the temporarily impacted areas in re-attaining their pre-project abundance. Within three years after project completion, NCDOT will hold an agency field meeting with DCM to assess if the SAV areas temporarily impacted by this project have re-attained pre-project abundance (distribution or coverage). Existing Bridge SAV Habitat Monitoring In addition to the proposed mitigation site, the aquatic area in the vicinity of the existing Bonner Bridge will be monitored upon removal of the bridge to assess whether and/or to what extent the effects of removing shade will be to SAV and their habitat. 5.0 REMEDIATION AND LONG-TERM MANAGEMENT The wavebreak will be inspected for damage annually during the five year monitoring period. If monitoring data indicate that damage to the structure is having a negative effect on SAV coverage, then a remediation plan will be developed in coordination with DCM. In addition, the annual inspection will verify that the required signage and markings are present and visible. 6.0 MITIGATION SUMMARY The implementation of this plan is proposed as mitigation for approximately 2.66 acres of impact from the B-2500 Bonner Bridge replacement project to existing SAV by creating and affecting the local marine environment in the vicinity of the bridge, as an attempt to make it more conducive to the establishment and enhancement of SAV. Table 4 includes a summary of the proposed mitigation and the estimated acreages of each component. Table 4. Mitigation summary SAV Increase Unshaded Area (Uplift) Due to Hard Surface Increase in From Existing Wave Attenuation Habitat Area Whavebreak Seagrass Bridge (ac) of (sq.ft(ac)) Shadow(ac) (lift in ac) 10 to 20% (ac) 1.38 0.91 - 1.65 11,413 (0.3) 17 to 57 1.3 8 STIP B-2500 Bonner Bridge Phase I SAV Mitigation Plan 7.0 REFERENCES Fonseca, Mark and Susan S. Bell. 1998. "Influence of Physical Setting on Seagrass Landscapes near Beaufort, North Carolina, USA." Marine Ecology-Progress Series. 171: 109-121. Fonseca. 2015. Memo on 9 June, 2015 from Mark Fonseca to Kathy Herring at NCDOT RE: Bonner Bridge Seagrass Mitigation Project (State Project 32635.1.3; TIP B-2500) Task B (Site Verification) Letter Report. Google Earth Imagery, 2004, 2006, 2008, 2009, 2011, 2014 Malhotra, A. and M.S. Fonseca. 2007. WEMo (Wave Exposure Model): Formulation, Procedures and Validation. NOAA Technical Memorandum NOS NCCOS #65. 28 pp. http://www.ccfhr.noaa.gov/docs/NOS NCCOS 65.pdf NCCOS. 2012. Habitats of coastal North Carolina. NCDOT. 2012. High Resolution Aerial Photography. NCDOT. 2015. High Resolution Aerial Photography. NCDWQ 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with ADDITIONAL CONDITIONS for the Proposed Replacement of the Herbert C. Bonner Bridge over Oregon Inlet in Dare County, Federal Aid Project No. BRNHF-0012(48), TIP B-2500 (Phase I). NCDWQ Project No. 20120629. September 7, 2012. 9 Appendices Appendix A: Figures Figure 1. Project Vicinity Figure 2. Project Location Figure 3. Percent Change in Seagrass Cover for Representative Wave Energy Difference of 10% or Greater Figure 4: Percent Change in Seagrass Cover for Representative Wave Energy Difference of 20% or Greater Figure 5: Project Construction and Staging Wit Ahrt" �!'alelli �j > ;11 ,S Epi � (rut�r~�,�� �* �� s,, Q., 4NGINEERING & WU1r : y ONSTRUC7ION Dare County vd.l �im ocT 0 1 2015 "'"" ".'` GEMENT ON COASTAL M of- Kill Dwill KM RALElGHANA 14.pa N.w1 Figure 1 : Dare Co avid iv, AVP.xt Project Vicinity Project Vicinity STIP B-2500 BONNER BRIDGE SAV MITIGATION PLAN 10 ,nx.. k 1 eiim DARE COUNTY- NORTH CAROLINA 2M "°°""' SEPTEMBER 2015 ial.0 8 vo 11119 7. . - 17- . . .. . .. . .. . .. . _ __ e A, /, Source:Bing Maps SITE S2 Figure Date:05/06/2015 0 1,500 3,000 6,000 Feet Legend • * Primary Site S2 * Secondary Site S2A w>- * Distant Site 4 •r l •...1 t 0 • a„ P . 4 ^iA , ` * �i I- . `2 " ylli �s 1, F 1 " r r • SITE S4 ' • • Ev t, c) .sic. 4 N 1 . c This Exhibit is for planning purposes only and shown herein does not meet NC 47-30 1 inch= 4,000 feet Requirementshandtherefore is eratardengncnformationbtre0d(10oreamterof - .B.ure2: Project Location Iltle.The exhibd was compiled off adaiWbk iMormabon obta ned tom the aourcealtedbNow. GRAPHIcscALE STIP B-2500 BONNER BRIDGEssEpi Sources: 0 2,000 4,000 8.000 ESRI Base Mapping.September 2015 SAV MITIGATION PLAN Le t. �� ,Feet cox sTRuc1'iow Or': 0 1 2015 "--{ ('o" STAL MANAGEMENT RALEIGH Legend Cy IVWave Shadow Estimate 10% - 57 Acres • • • ri.......rr • )1. • • • • - • SITE S2+ • . . . . . . • • Legend • • • • • • Change in Seagrass Cover • . . . . . •• • 1.3%- 1.71% • • • • • 1.72% -2.21% • 0 2.22% -2.95% • • • 0 2.96% -3.99% • • 0 4%-5.34% . r O 5.35% -7.98% 0 7.99% -11.62% • • 11.63%- 19.22% 500'wall ;u 4 IV of OCT 0 , Figure3dPercent Change in Seagrass Cover for Representative 0 co, Z�7s Wave Energy Difference of 10% or Greater R tik c'1NgG _ STIP B-2500 BONNER BRIDGE MFii; SAV MITIGATION PLAN SSEPI CSA0 195 390 780 lNG IM[r RINTG C•A ecaw u Feet n•elenwr Inc.. 1 inch = 390 feet C O N S T R U C I O N Legend Wave Shadow Estimate - 20% - 17 Acres fir p 0 0 0 0 O O D 0 0 0 0 0 0 0 • •- O 0 0 0 0 C . 0 C • . . •.. 0 0 o '0 0 0 i . • • 0 0 0 0 0 0 0 0 0 0 0 0 0 O', O 0 0 0 0 0 0 0 0 0 t • 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 C 0 0 0 0 0 0 0 0 0 n 0 0 0 0 0 0 0 0 0 0 0 0 0 0 • 10 0 0 0 00 Legend SITE S2 Change in Sedgfdsi►Cover • 2,46% -3% O 3,01' -3.6% O 3.61% -4 67% O 4.65% -6-12% O 6.13% -8.61% O 6.Q% -it 62% • 11.$3%-19.22% • - 500 sill Figure 4: Percent Change in Seagrass Cover for Representative 0/1, 1, Wave Energy Difference of 20% or Greater op fie. 1p IcOis ti STIP B-2500 BONNER BRIDGE •\ M SAV MITIGATION PLAN SEPI `CS inch = 325 feet 0 162.5 325 650 ENGINEERING CSA oa•rn S.Non...Ina. 1,,. Feet CONSTRUCTION Legend STAGING AREA tlll=Staging Area Parul • . _ r,ro • ' Yf r t. . ,A It 0 75 150 300 ' IIIIIIIIIIIIIII� imiim.i. F cet 1: l - "lwwJ��LCr ( IV l• 1 inch=2,200 feet '` ..:efirili` '4. f. ..!. `, 1 Legend � ,. y t Work Zone Limits --�'� Staging Barge \ ^ ; ' Shallow Draft Barge it \ , -- Working Barge Feet SITE S2 4/ 4 0 1,100 2,200 4,400 -_ _ , . ,. — Y SITE S2 Tn.EAmels for planning pumuses-Xs* dsnbwnh[EinG s"riM 4 tyc47-3og r 1 inch=4,000 feet Requirements andee cfore snot fG a g Gpnatr p„ r we Tte trans' e' Figure 5: Project Construction and StagingSEPItitle.The Exhiel was piled hOm lable hfdrmatb btu n2ah the souueteebelow t; a , , ...t :? GRAPHIC SCALE STIP B-2500 BONNER BRIDGE SourceAerlel end Topographic Mapping0 2,000 4,000 8,000 C C N G I N e C e IN G r. pograp SAV MITIGATION PLAN CONSTRUCTION Feel OCT012015 Div, OF COASTAL MANAGEMENT • RALEIGH - Appendix B: Exhibits Exhibit 1. Reefmaker "Ecosystem" Units Design— Front Elevation View Exhibit 2. Reefmaker "Ecosystem" Units Design — Profile View Exhibit 3. Reefmaker "Ecosystem" Units Design — Plan View Exhibit 1. Reefmaker"Ecosytem"Units Design- Front Elevation View RECEIVED OCT 1 2015 COASTAL MANAGRIET ...v, ct: ELIZABETH totr( Exhibit 1. Reefmaker"Ecosytem"Units Design - Front Elevation View FRONT ELEVATION VIEW NAVIGATIONAL MARKER MUST BE AT LEAST 3 FT 5 0.C. ABOVE MHW TYP. fl 11"X2i"Xi"COMPOSITE C CHANNEL • . . . 'na"n1,— na s ; .4,74.;,--azdtpro g WAVE ATTUENATOR ilislimmnmm sommimmemr PYLON WITH STONE 4, drZa.Z. ,"!riiiT4P;ii^i;irar.17 9,17.iplraZE i ..randr:draZdirig7 ON.M11••••••I' .1.011.1111.11111.111r !PAS !tia !I.a!I' !• • • 1.111.11.11PRIPIP 41111.1111RPORPRIPIF *IIIPPIPMPftr- ' 4P.11 4.1 4PA PA dPa 4Pa PA 4P/CIPAIA dPilL iimonimemimer FrAir.'Zrn..ZWill t W4';11".Z4P0 I 12"BASE UNIT •.1 L A OCT 012015 OI V. OF COASTAL. MANAGEMENT RALEIGH Exhibit 3. Reefmaker"Ecosystem"Units Design - Plan View 9 3" [0.25 FT]TYP. ! 3 FT]I [0.29 FT]TYP. I 1 04 4111 E ^N I 0 0\1:0 ill 400004)411F‘ I Vik40141 4 11), - 572"[4.79 FT] c M1 1 4 NlOJtC78-2500ER REfENGE NO. SHEET NO m SEPI 1025 Wade Avenue Raleigh, NC 27605 Te1:919-789-9977 ENGINEERING & Fax:919-789-9591 Exhibit 2. Reefmaker"Ecosystem" Units Design Profile View CONSTRUCTION License: C-2197 Revised 12/3/15 WIND SIDE SOUTH SIDE Z (-)--\(--)'\(/—\(--)(--\ 0 N S lix CURRENT (-I- (1-- (ht- N 7:: ,_ ‘,.., _ . ...„.... . DEC 0 4 2015 _.10w 4 [0.33FT] MANAGEMENT 11- \ -}, I . — 1111... 4. 111.••• 8"(0.67 FT) , , .,7,t,,, 12')1.00FT)0 t 17 f )1.00 FT) • V\/\/\ \ \i �� / ";/ i�\ ii \ \ ` � s • w • • i • • BASE BLOCK SECUREMENT •i .+a WAVE ATTENUATOR BASE BLOCK PAT MCCRORY ;7; Governor DONALD R. VAN DER VAART w Secretary Coastal Management ENVIRONMENTAL QUALITY BRAXTON DAVIS Director December 16, 2015 N.C. Department of Transportation 1598 Mail Service Center Raleigh,NC 27699-1598 Dear Sir or Madam: The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable,the State Dredge and Fill Law,for you to proceed with your project proposal.The original(buff-colored form)is retained by you and it must be available on site when the project is inspected for compliance.Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal- described below. If you object to the permit or any of the conditions,you may request a hearing pursuant to NCGS 113A-121.1 or 113-229.Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings,6714 Mail Service Center,Raleigh,NC 27611-6714, (919)733-2698 within twenty(20)days of this decision on your permit. You should also be aware that another qualified party may submit an objection to the issuance of this permit within twenty(20)days. The project plan is subject to those conditions appearing on the permit form.Otherwise,all work must be carried out in accordance with your application.Modifications,time extensions,and future maintenance requires additional approval.Please read your permit carefully prior to starting work and review all project plans,as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time,Department personnel will visit the project site.To facilitate this review,we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions,environmental safeguards,or problem areas,you may contact Department personnel at any time for assistance.By working in accordance with the permit,you will be helping to protect our vitally important coastal resources. Sincerely, /y' — Douglas V. Huggett Major Permits and Consistency Manager N.C.Division of Coastal Management Enclosure %Nothing Compares _ State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Avenue I Morehead City,NC 28557 252-808-2808 -t)/' 7/)5 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: North Carolina Department of Transportation(NCDOT) 2. LOCATION OF PROJECT SITE: Approximately 3 miles west of the existing Herbert C. Bonner Bridge over the Oregon Inlet on NC12,Dare County.Project site is located within the Pamlico Sound. Photo Index - 2006: 175-7914(A-J, 1-8) 2000: 175-2069(A-J, 1-8) 175-7915(A-J, 19-24) 175-2070(A-H, 20-24) 185-7202(D-P, 1-24) 185-2072(E-O, 1-24) 185-7203(F-L, 1-24) 185-2073(D-M, 1-24) 185-7204(K-P, 14-24) 185-2074(J-O, 14-24) State Plane Coordinates - X: 3,012,580 Y: 745,664 Rover File:T071015A Latitude: 35°45'03.54"N Longitude: 75°35'11.99"W 3. INVESTIGATION TYPE: CAMA and D&F 4. INVESTIGATIVE PROCEDURE: Date of Site Visit - TBD Was Applicant Present- TBD 5. PROCESSING PROCEDURE: Application Received Complete: October 1, 2015 Office—Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan— Dare County Land Classification from LUP—Conservation (B) AEC(s) Involved: EW, PTA (C) Water Dependent: Yes (D) Intended Use: subaquatic vegetation(SAV)mitigation site (E) Wastewater Treatment: Existing—N/A Planned—N/A (F) Type of Structures: Existing—N/A Planned—Wave Break (G) Estimated Annual Rate of Erosion: N/A Source— 7. HABITAT DESCRIPTION: [AREA] EXCAVATED FILLED OTHER 2,500 sq. ft. 17 to 57 acres—wave break (A)Open Water shadow J (D) Total Area Disturbed: 17 to 57 acres (wave break shadow) (E) Primary Nursery Area: No (F) Water Classification: Open: Yes SA; HQW (Pamlico Sound) FIELD INVESTIGATION REPORT: NCDOT — SAV MITIGATION—TIP NO. B-2500 PHASE I BONNER BRIDGE REPLACEMENT PROJECT PAGE#2 8.PROJECT SUMMARY: The applicant proposes to construct a wave break structure that is engineered to attenuate wave energies and provide a suitable wave climate to promote Submerged Aquatic Vegetation (SAV) coverage. The applicant would also perform a subsequent study. The proposed project would serve as mitigation to offset potential loss of SAV habitat during the replacement of Bridge No. 11 over Oregon inlet on NC Hwy 12, TIP No. B-2500 Phase I, in Dare County. 9.NARRATIVE DESCRIPTION: Project Setting The mitigation site (Site S2) is located approximately 3 miles west of the existing Bonner Bridge and is entirely within the Pamlico Sound. The site is located on a shoal that has supported patchy seagrass cover since at least 1998. Bodie Island forms the northern shoulder of the Oregon Inlet and is a part of the Cape Hatteras National Seashore, which is administered by the National Park Service (NPS). The southern end of Bodie Island,including the Oregon Inlet campground and the Oregon Inlet Marina and Fishing Center,is used for recreation. The Oregon Inlet Marina and Fishing Center is the only permanent business in the vicinity of the project area, with numerous charter fishing boats available for hire by the public. The active Oregon Inlet US Coast Guard(USCG) Station is also in this area. South of the Bonner Bridge are Hatteras Island and the Pea Island National Wildlife Refuge (Refuge). The Refuge lies within the boundaries of the Seashore and is administered by the US Fish and Wildlife Service (USFWS). A former USCG Station, which is listed on the National Register of Historic Places, is also located in this area. The Environmental Management Commission has classified the Pamlico Sound as Class SA; HQW in the area of the proposed mitigation site. The project area is in the Pasquotank River basin. The North Carolina Division of Marine Fisheries (NCDMF)has classified all waters in the proposed area as Coastal Waters,but not a Primary Nursery Area. The waters are designated open to shellfishing by the Shellfish Sanitation Section of NCDMF. The Pamlico Sound is approximately 11.5 miles wide in the project area. The sound is approximately 1' to 3'deep on the shoal chosen for the proposed SAV mitigation project. Numerous submerged aquatic vegetation(SAV)beds are present in the project area. DCM issued CAMA Major Permit#106-12 to NCDOT on September.19, 2012 for the TIP No. B-2500 project. TIP No. B-2500 extends for approximately 15 miles from the southern end of Bodie Island to the community of Rodanthe. However, the September 19, 2012 permit action only authorized construction of Phase I of the TIP No. B-2500 project. The September 19, 2012 CAMA Major Permit #106-12 for Phase I construction was legally challenged by the Defenders of Wildlife and the National Wildlife Refuge Association, represented by the Southern Environmental Law Center, in October 2012 when they filed a third party request to the Coastal Resources Commission to file a contested case hearing in the Office of Administrative Hearings (OAH). On July 29, 2013, a North Carolina Superior Court Judge remanded the case to OAH for a contested case hearing. On August 12, 2013 DCM issued a letter to NCDOT with a notice that DCM considers the CAMA Major Permit #106-12 issued on September 19, 2012 authorizing Phase I of TIP No. B-2500 suspended, and that NCDOT may not undertake any development activities related to Phase I until further notice. On April 30, 2015, all parties involved in the challenge of the CAMA permit, as well as a challenge in federal court of the 2010 Record of ‘ FIELD INVESTIGATION REPORT: NCDOT — SAV MITIGATION—TIP NO. B-2500 PHASE I BONNER BRIDGE REPLACEMENT PROJECT PAGE #3 Decision for TIP No. B-2500 and related documents, reached a settlement agreement, which has begun to be implemented. On August 14, 2015 DCM issued a letter to NCDOT with a notice that CAMA Major Permit 106-12 is now reinstated and NCDOT may now undertake Development pursuant to the permit. When CAMA Major Permit 106-12 was issued on September 19,2012,it contained a permit condition documenting the finding that DCM did not consider the SAV mitigation plan submitted with the permit application at that time to be a fmal mitigation plan. The CAMA Permit included a condition that prior to initiating construction within any area containing SAV's, the permittee shall submit a fmal SAV mitigation plan to DCM, as well as other appropriate resource agencies. The permit condition further required that approval of this plan shall be obtained from DCM prior to initiating construction activities in SAV areas. NCDOT has submitted the Phase I SAV Mitigation Plan dated September 2015 with the current proposal as the fmal mitigation plan in fulfillment of the above referenced permit condition. Project Proposal The proposed project is intended for mitigation of SAV impacts associated with Phase I of B-2500. Replacement of the Bonner Bridge will permanently impact approximately 2.66 acres of SAV areas for which mitigation is required. Mitigation measures will include removal of the . existing brid" e tEat will unshade 1.38 acres of suitable habitat,and the remainin 1.28 acres would e mitigated at the SAV mitigation site described in the proposed project An engineered wave break structure is proposed to attenuate wave energies and provide a suits ave climate to promote SAV covera e" JThe objective of the SAV Mitigation Plan is to reduce the amount of wave energy within the project site to allow for a more continuous cover of SAV to expand, providing increased seagrass acreage and associated ecosystem services. The design and location of the wave break structure was developed by forecasting the wave conditions and the associated change in seagrass cover that was expected to occur with the presence of the structure. The relationship of wave energy to predicted percent seagrass cover of the seafloor was utilized to predict the percent seagrass cover of the seafloor with and without the wave break structure present. Change in seagrass cover by creation of the 500' wave break was based on the area of wave energy reduction ranging from 10 to 20 percent of ambient/normal wave energy. This range was judged to provide a conservative estimate of energy reduction over which to forecast seagrass cover while ensuring the target area would be met. The construction of the SAV mitigation wave break structure would be completed in two phases. Phase 1 involves the setting up of the casting molds and pouring concrete to create the units at a land based staging site located in Wanchese, NC. All concrete pouring and setting of molds would occur in the upland staging area. Phase 2 includes transferring pilings, units, and hardware to the site location utilizing shallow draft bar es. "C.:__The proposed structure is a 500' long wave break. he length was determined by iteratively adjustmg the wall length and running wave and sea ss forecasting models on each successive wall length until an increase in seagrass cover meeting the mitigation acreage of 1.28 acres was achieved. The proposed design involves installing a continuous series of wave attenuation structures. Each wave attenuator"unit" is comprised of a stack of molded concrete trays set with FIELD INVESTIGATION REPORT: NCDOT - SAV MITIGATION -TIP NO. B-2500 PHASE I BONNER BRIDGE REPLACEMENT PROJECT PAGE#4 natural rock material. These systems are designed to fully attenuate wave energy while still allowing for the exchange of water and the passage through and around the structure's individual components. Individual units are 4' tall and approximately 5' wide. Based on preliminary design it is anticipated that approximately two units would be submerged below the normal high water level. Pilings would be jetted and vibrated to depths of 20' to 30' and unit hardware would be installed following placement. Approximately 101 total pilings would be installed. The wave attenuator units would be set upon stone scour protection,bedding stone(NCDOT Class"B"),and geotextile fabric. Sixty permanent quadrats would be established on the wavebreak structure to monitor epibiota. The nearest portion of the structure is approximately 900' east of the closest existing tidal channel and approximately 2,200' from the deepest portion of that channel. This distance and the observed stability of the chosen shoal over time is thought to be adequate enough to avoid any influence of the channel. NCDOT will install and maintain any lights/signals prescribed by the U.S. Coast Guard on authorized facilities. NCDOT would submit a Private Aids to Navigation Application to the U.S. Coast Guard. NCDOT will assess the effect of biological disturbance on seagrass by installing bioturbation exclusion treatments. Large gap(four to six inch)metal mesh would be laid flush on the Sound bottom and anchored with approximately one to two-foot long J-shaped rebar stakes. Ten patches would be selected for the bioturbation exclusion study per wave energy treatment, five would be protected with wire mesh and five would be unprotected. When patch coalescence begins,the mesh and stakes would be removed. NCDOT will inspect the wave break structure annually during the five year monitoring period. If monitoring data indicate that damage to the structure is having a negative effect on SAV coverage,then a remediation plan would be developed in coordination with the Division of Coastal Management. This annual inspection would verify that the required signage and markings are present/visible. Pressure sensors would be deployed 25 meters in front of and 25 meters behind the wavebreak. The sensors would be approximately 2 inches in diameter by 10 inches long and would be mounted horizontally on the seafloor approximately 6 inches above the substrate on an embedded(into the seafloor) solid base. Various aspects of the proposed project would be monitored for the purpose of identifying contributing factors affecting success of the SAV establishment, coalescence of existing patches, and overall persistence. These variables would be monitored and documented. Mitigation site monitoring would be conducted for up to 5 years after installation of the wave break structure. Anticipated Impacts The proposed SAV Mitigation Plan would have permanent surface water impacts to shallow bottom habitat of 2,500 sq. ft. from the proposed wave break benthic footprint. There would be additional impacts to the Sound bottom due to the pressure sensors that are mounted on the seafloor in front of and behind the wavebreak_Permanent impacts to the Sound bottom would include the driving of piles, and the placement of the structure. NCDOT has committed to take extra caution during material transport and construction to not disturb the bottom habitat. Construction of the wave break structure would impact some existing seagrass patches. These seagrass patches would be relocated to gaps among patches on the lee side of the wave break FIELD INVESTIGATION REPORT: NCDOT — SAV NIITIGATION—TIP NO. B-2500 PHASE I BONNER BRIDGE REPLACEMENT PROJECT PAGE#5 structure to potentially accelerate the anticipated gap closure among the seagrass patches. The effect of the relocation would be tracked as part of the monitoring survey. The proposed wave attenuation structures would have less impact on the Sound bottom when compared with a traditional rock wavebreak. According to the applicant's proposal, a traditional rock wavebreak of similar size with 2:1 slopes would have a 10,000 square foot benthic footprint, whereas the proposed 500-foot long Reefmaker structure would have a 2,500 square foot benthic footprint. The forecast for wave energy reduction to 10 percent of the ambient/normal wave energy would create a wave shadow of approximately 57.3 acres. The forecast increase in seagrass acreage for the 10 percent assessment in this shadow area is approximately 0.91 acres. The forecast for wave energy reduction to 20 percent of the ambient/normal wave energy would create a wave shadow of approximately 17.3 acres. The forecast increase in seagrass acreage for the 20 percent assessment in this shadow area is approximately 1.65 acres. Therefore, the wave break shadow would impact approximately 17 to 57 acres.NCDOT has committed to increase seagrass coverage at this mitigation site by a minimum of 1.3 acres. The mesh of the bioturbation units would allow seagrass shoots to extend through the large gaps allowing their continued growth and expansion. Flush deployment of the bioturbation units on the seafloor plus anchoring would prevent entanglement by sea life,such as diving birds. The wave break structure would also provide approximately 11,413 square feet of additional hard surface habitat suitable for colonization by algae, oysters, and other sessile communities. The wave break structure will potentially impede navigation in Public Trust Waters in the project area. NCDOT will install and maintain any lights/signals prescribed by the U.S. Coast Guard on authorized facilities. NCDOT will submit a Private Aids to Navigation Application to the U.S. Coast Guard. The project site also has the potential to be closed to fishing,particularly when predator mesh is installed on the Sound bottom to prevent bioturbation. During construction all precautions would be taken and activities monitored not to impact Threatened and Endangered Species. NCDOT has committed to follow protective measures to avoid several species in the project area. NCDOT will implement guidelines from the NOAA Fisheries'Sea Turtle and Smalltooth Sawfish Construction Conditions and USFWS Guidelines for Avoiding Impacts to the West Indian Manatee: Precautionary Measures for Construction Activities in North Carolina Water. This project is part of a larger, long term effort to determine the best strategy and methodology for SAV restoration and mitigation in North Carolina. Various aspects of the proposed project would be monitored for up to 5 years purposes of identifying contributing factors affecting success of the SAV establishment, coalescence of existing patches, and overall persistence. Submitted by: Greg Daisey-Elizabeth City District-October 29, 2015 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECO 9r RD V iN/o,�e.\oPeRa 1�- S u cA-UJ�-- A) APPLICANT: NC Department of Transportation County: Dare LOCATION OF PROJECT: Approximately 3 miles west of Bonner Bridge; project site is within Pamlico Sound DATE APPLICATION RECEIVED COMPLETE BY FIELD REP: 10/01/15 / 6 Al) FIELD RECOMMENDATION: Attached: NO To Be Forwarded:YES / 0 00NSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES MO 1 1 1�7 iO(�1 FIELD REPRESENTATIVE: Greg Daisey DISTRICT OFFICE: Elizabeth City DISTRICT MANAGER REVIEW:N/A 475(60/401`�B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $ OR 100%) PUBLIC NOTICE REC'D: Advertise: 10/04/15 END OF NOTICE DATE: Comments due: 10/24/15 ADJ. RIP. PROP NOTICES REC'D: NI DEED REC'D: A APPLICATION ASSIGNED TO: 6`\\A-\.n OIVV\ ON: IP 30 C) 75 DAY DEADLINE: 12/15/15 150 DAY DEADLINE: MAIL OUT DATE: Circulation: 10/30/15 STATE DUE DATE: Comments due: 11/20/15 FEDERAL DUE DATE: NI A FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE \0al 01 5 DENY DRAFT ON I AGENCY 1 DATE OBJECTIONS: NOTES kUSC G pvA� °t\dS COMMENTS YES NO -Va 'n a\J ok�S O X\ 1 ;5S vQ 9)1-3)\6, RETURNED. Coastal Management-Regional Representative / \\\--a9 t J ✓ C f Coastal Management-LUP Consistency \\\VR. \5 t l� Division of Community Assistance ! \- 1\\6 V N C Land Quality Section--DEMLR _ DWR/DWQ—itimeifekk.otectioD 41c 1 I I a'1 1 5 3 8 5'P- e�aQ No bC DWR/DWQ-Storm Water ana 2 Ai/it^ a o,�5/as DWR—Public Water Supply 101 AS5 State Property Office \' \ \\5 V Af C 3)A 1 `, Division of Archives&History—Cultural Res. \\ \1\\ ) N C Division of Env.Health—Shellfish Sanitation \` 0\5 V N C Division of Highways--DOT l)5c-E f�-cA-\of\ k . Wildlife Resources Commission aL)\5 ✓ N C SAW — Da p / 1 Local Permit Office/Planning Dept. ‘1 `(j 5 V NO 15S 1. 1/1/ DMF—DCM Fisheries Resource Specialist \\\\O \6 p)G -,1 ,oT N W 91 Corps of Engineers \ \1 �a1'5 i� S� q rot& 0.G;10` \ 01 Gkk. \ss 31a)) )6 ' �o Qc� NO. /� 7 a\5\aaa vs- a s" NC PAT MCCRORY DONALD R. VAN DER VAART ,Secretary BRAXTON DAVIS Coastal Management Director ENVIRONMENTAL QUALITY MEMORANDUM TO: Doug Huggett THROUGH: Cathy Brittingham FROM: Greg Daisey SUBJECT: Comments&Recommendations-Major Modification for CAMA Permit No. 106- 12, Oregon Inlet, Herbert C. Bonner Bridge on NC Highway 12 in Dare County. DATE: November 24,2015 The following are my comments and recommendations regarding the above mentioned proposal. This request is for a Major Modification related to the STIP B-2500 Bonner Bridge Phase I SAV Mitigation Plan dated September 2015. Activities include the construction of a 500-foot long wavebreak structure approximately 3 miles southwest of Oregon Inlet. Based upon my review I have no objection to the issuance of this permit but offer the following conditions: It is recommended that this permit does not convey or imply approval of the suitability of I the excess mitigation generated by this project as compensatory wetland mitigation for any particular future projects) The use of any portion of the excess mitigation generated by dig-- project as compensatory mitigation for future projects will be approved on a case-by-case basis during the CAMA permit review and/or consistency process. /tlO 2 Th ermittee shall exercise all available precautions in the day-to-day operations of the cility to prevent waste from entering the adjacent waters and wetlands. 1.x 3 Nckexcavation r filling shall take place at any time in any surrounding waters outside of the alignment of the areas indicated on the attached workplan drawings, withoutper1'it modification. d\e, 1\17 , ScV if \\ A\i ' Eevv\ o -D,(---y 401a cx n.,.Qn ?CC 5 . S-p r\Sc r S. 'e v 0 .e� , ate"' j n 4tive concrete shall not be allowed to contact waters of the State or water that will enter i eIre Lv waters of the State. 5 permittee and/or his contractor shall provide for proper storage and handling of all Xils,chemicals, etc.,necessary to carry out the project. - "Nothing Compares .._ State of North Carolina I Environmental Quality I Coastal Management 1367 US Hwy 17 South I Elizabeth City,NC 27909 252-264-3901 I 252-264-3723[fax] NCDOT—CAMA Permit No. 106-12,Dare County Major Modification Comments and Recommendations Page 2 Y 6 Construction staging are shall be located only in upland ar as,and not in welds or �i. (\ waters of the State. AO net t(S s o �e Q J �, ",`� Fi oa--(n� bates co LA �e ins\ C.-a c)s�t. c , or\ er i 7 The permittee shall install and maintain at hisanysignal lights or signals expense �`{ p g escribed by the U.S. Coast Guard,through regulation or otherwise, on the authorized facilities. At a minimum,permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 8 e permittee shall 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 if he abandons the project without having the permit transferred to a third p3' 9 If it is determined that adna anent and/or tempo; impacts are necessary that are not shown on th attached workplan drawing(s),or described in the authorized permit app icati — a permit modification and/or additional authorization from the N.C. Division of Coastal Management(DCM) shall be required. In addition, any changes in the A ` approved plan may also require a permit modification and/or additional authorization fob from DCM. The permittee shall contact a representative of DCM prior to commencement of any such activity for this determination and any permit modification. 10 This permit authorizes only the structures that expressly and specifically set forth in the permit application and shown on thc-attached workplan drawindiD, No other /structures,whether floating or stationary,may become a permanent part of this project \/ without additional authorization from the N.C. Division of Coastal Management. No non-water dependent uses of structures may be conducted on, in, or over public trust waters without permit modification. 11)1.6/attempt shall 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. 12 e permittee shall provide the N.C. Division of Coastal Management with the exact GPS location of the mitigation site. tY a 13 y subsequent changes to the mitigation plan authorized by this CAMA permit shall- require additional authorization from the N.C. Division of Coastal Management. 14 The permittee and/or his contractor shall contact the DCM Transportation Project Field Re esentative in Elizabeth City at(252) 264-3901 to request a pre-construction onference prior to project initiation. NCDOT— CAMA Permit No. 106-12, Dare County Major Modification Comments and Recommendations Page 3 15 The permittee shall coordinate with the U.S. Army Corps of Engineers (USACE) and the N.C. Division of Water Resources (DWR) regarding the project. The permittee shall provide any permits issued by USACE and DWR to DCM. 16 Any waste materials and debris associated with construction or other activities shall be /disposed of at an approved upland site or shall be recycled in an environmentally ``j appropriate manner provided appropriate authorizations from any relevant state, federal, or local authorities are obtained. NOTE: Implementation of the approved SAV mitigation plan is anticipated to provide at least 1.28 acres of increased SAV coverage in Pamlico Sound in addition to 1.38 \7acres of SAV compensatory mitigation credit for the removal of the existing Herbert C. Bonner Bridge. NOTE: This Major Modification does not eliminate the need to obtain any additional �state, federal or local permits, approvals or authorizations that may be required. -'/'Nothing Compares -, State of North Carolina I Environmental Quality I Coastal Management 1367 US Hwy 17 South I Elizabeth City,NC 27909 252-264-3901 1252-264-3723[fax] Brittingham, Cathy From: Staples, Shane Sent: Tuesday, November 10, 2015 4:39 PM To: Brittingham, Cathy Cc: Huggett, Doug Subject: B-2500 SAV Mitigation Attachments: B-2500 SAV Mitigation, Wave-Break Structure.pdf Attached no comment coversheet. Project plan addresses concerns (avoidance and minimization, monitoring, etc.) that were brought forward during the numerous scoping meeting. Shane Shane F. Staples Fisheries Resource Specialist Division of Coastal Management Department of Environmental Quality 252 948 3950 office shane.staples@ncdenr.gov 943 Washington Square Mall Washington, NC 27817 Nothing Compares-- Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. 1 • PAT MCCRORY Governor RECEIVED DONALD R. VAN DER VAART Secretary Environmental NOV 0 2 10.15 Quality DCM-Fisheries October 30, 2015 WARO MEMORANDUM TO: Shane Staples,Fisheries Resource Specialist Division of Coastal Management, WaRO FROM: Doug Huggett,Major Permits Processing Coordinator C/O Cathy Brittingham,Transportation Project Coordinator Division of Coastal Management SUBJECT: CAMA/DREDGE&FILL Permit Application Review Applicant: NC Department of Transportation Project Location: Approx.3 miles W.of Bonner Bridge;Project site w/in Pamlico Sound, Dare Co. Proposed Project: B-2500 SAV Mitigation; Wave break structure Please indicate below your agency's position or viewpoint on the proposed project and return this form by 11/20/15 to Cathy Brittingham, 1617 Mail Service Center, do DWR Wetlands Unit, Raleigh, NC 27699-1617. If you have any questions regarding the proposed project, please contact Greg Daisey at (252) 264-3901, ext. 249. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. XThis agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE /P/4S -:> Nothing Compares--,, State of North Carolina I Environmental Quality 1367 US Hwy 17 South I Elizabeth City,NC 27909 252-264-3901 1252-264-3723[fax] An Equal Opportunity\Afrmative Action Employer Brittingham, Cathy From: Wilson, Travis W. Sent: Friday, November 20, 2015 11:09 AM To: Brittingham, Cathy Cc: Daisey, Greg Subject: Bonner SAV Attachments: CAMA B-2500 SAV.pdf I have attached the DCM cover sheet for the Bonner SAV mitigation. WRC does not have any additional comments on this project. The mitigation plan and subsequent application contain information consistent with previous meetings and conversation related to the SAV mitigation proposal. Travis W.Wilson Eastern Region Highway Project Coordinator Habitat Conservation Program NC Wildlife Resources Commission 1718 Hwy 56 West Creedmoor, NC 27522 Phone: 919-707-0370 Fax: 919-528-2524 Travis.Wilsonncwildlife.orq ncwildlife.org n You Email correspondence to and from this sender is subject to the N.C.Public Records Law and may be disclosed to third parties. 1 1110.,.7! PAT MCCRORY DONALD R. VAN DER VAART Environmental Quality October 30, 2015 MEMORANDUM TO: Travis Wilson NC Wildlife Resources Commission FROM: Doug Huggett, Major Permits Processing Coordinator C/O Cathy Brittingham, Transportation Project Coordinator Division of Coastal Management SUBJECT: CAMA/DREDGE&FILL Permit Application Review Applicant: NC Department of Transportation Project Location: Approx. 3 miles W. of Bonner Bridge; Project site w/in Pamlico Sound,Dare Co. Proposed Project: B-2500 SAV Mitigation; Wave break structure Please indicate below your agency's position or viewpoint on the proposed project and return this form by 11/20/15 to Cathy Brittingham, 1617 Mail Service Center, do DWR Wetlands Unit, Raleigh, NC 27699-1617. If you have any questions regarding the proposed project, please contact Greg Daisey at (252) 264-3901, ext. 249. When appropriate, in-depth comments with supporting data are requested. REPLY: This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED DATE //- ---"--Nothing Compares_--. State of North Carolina I Environmental Quality 1367 US Hwy 17 South I Elizabeth City,NC 27909 252-264-3901 1252-264-3723[fax) An Equal opportunity 1 Affirmative Action Employer • PAT MCCRORY COI P,PIOI DONALD R. VAN DER VAART Environmental Quality October 30, 2015 CEI \E D • MEMORANDUM NOV 1 6 2015 TO: Charlan Owens, District Planner ON. OF COASTAL MANAGEMENT Division of Coastal Management RALEIGH FROM: Doug Huggett, Major Permits Processing Coordinator. C/O Cathy Brittingham, Transportation Project Coordinator Division of Coastal Management SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: NC Department of Transportation Project Location: Approx. 3 miles W. of Bonner Bridge; Project site w/in Pamlico Sound, Dare Co. Proposed Project: B-2500 SAV Mitigation; Wave break structure Please indicate below your agency's position or viewpoint on the proposed project and return this form by 11/20/15 to Cathy Brittingham, 1617 Mail Service Center, do DWR Wetlands Unit, Raleigh, NC 27699-1617. If you have any questions regarding the proposed project, please contact Greg Daisey at (252) 264-3901, ext. 249. When appropriate, in-depth comments with supporting data are requested. REPLY: This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNE DATE (fl- (� --:"' `Nothing Compares -_ State of North Carolina I Environmental Quality 1367 US Hwy 17 South I Elizabeth City, NC 27909 252-264-3901 1252-264-3723[fax] An Equal Opportunity\Affirmative Action Employer PAT MCCRORY DONALD R. VAN DER VAART Environmental Quality a,.. \f rs� lass C I �/ E D MEMORANDUM is ; � TO: Cathy Brittingham, NCDOT Projects Coordinator • NOV 1 6 2015 Division of Coastal Management (;iv OF COASTAL MANAGEMENT FROM: Charlan Owen ICP, NE DCM District Planner RALEIGH Division of Coastal Management • SUBJECT: Major Permit Request by the NC Department of Transportation (NCDOT) to • install a 500 foot long wave break with associated monitoring and safety equipment in the Pamlico Sound; approximately 3 miles west of the Bonner Bridge, in Dare County. Date: November 10, 2015 Consistency Determination: The request is consistent with/not in conflict with the Dare County 2009 Land Use Plan certified by the CRC on February 24, 2011. Overview: The project site consists of approximately 57 acres of shoal area in the Pamlico Sound approximately 3 miles west of the Bonner Bridge. The sound is approximately 11.5 miles wide in this location. Water depths are approximately 1 to 3 feet at the site. The sound is classified as SA: HQW at the project site and is open to shellfishing. The shoal has supported patchy seagrass since at least 1998 and numerous submerged aquatic vegetation (SAV) beds are currently present. Installation of a 500 foot long wave break with associated monitoring and safety equipment is proposed. The wave break will be created using a series of wave attenuator pylon units. Approximately 101 pylon units will be installed. Each pylon unit will consist of a fiberglass piling center support encircled by stacked, 1 foot high by 5 foot wide by 5 foot deep concrete molded trays set with stone material. Pilings will be placed 5 foot on center, creating a continuous wave break. The stacked trays will be locked onto the pilings. Each pylon unit will be placed on a geotextile covered with bedding stone. When installed, each pylon unit will be approximately 9 feet tall. Lights/signals on the pilings will be installed as required under a Private Aids to Navigation Appplication to the U. S. Coast Guard. The molded trays will be cast at a land based staging site in Wanchese. The trays, pilings and associated hardware will be transferred to the project site by shallow draft barges. This project is intended to meet SAV impact mitigation requirements associated with replacement of the Bonner Bridge (CAMA Major Permit 106-12). The bridge replacement will impact approximately 2.66 acres of SAV areas. SAV mitigation will include removal of the existing bridge to unshade 1.38 acres of suitable habitat and installation of the wave break to create 1.28 acres of SAV coverage. The wave break will reduce wave energy, providing a State of North Carolina I Environmental Quality 1367 US Hwy 17 South I Elizabeth City.NC 27909 252-264-3901 1252-264-3723 [fax] North Carolina Department of Environmental Quality MEMORANDUM Division of Coastal Management Page 2 of 4 more suitable climate for SAV coverage at the shoal. Forecast models indicate that the 500 foot length will meet the mitigation acreage requirement. Between 17 to 57 acres will be within the wave break shadow of reduced wave energy. NCDOT has committed to increase seagrass coverage at the site by a minimum of 1.3 acres. Monitoring of the SAV mitigation site will be conducted for a period of up to 5 years following installation of the wave break to identify contributing factors affecting the success of SAV establishment, coalescence of existing patches and overall persistence. Monitoring of wave energy, SAV cover, epibiota on the structure/hard surface, biological disturbance and sediment elevation will be conducted. The project is part of a larger, long term effort to determine the best strategy and methodology for SAV restoration and mitigation in North Carolina. During construction, all precautions will be taken and activities monitored to avoid impacts to Threatened and Endangered Species. NCDOT will implement guidelines from the NOAA Fisheries' Sea Turtle and Smalltooth Sawfish Construction Conditions and USFWS Guidelines for Avoiding Impacts to the West Indian Manatee: Precautionary Measures for Construction Activities in North Carolina Water. The wave break structure will be located at least 900 feet east of the closest existing tidal channel and approximately 2,200 feet from the deepest portion of that channel. This distance, and the observed stability of the chosen shoal over time, is thought to be adequate enough to avoid any influence on the channel. A review of potential historic/archaeological resources was not provided. Anticipated impacts resulting from this project are expected to include: the filling of 2,500 sq. ft. of Public Trust Area/Estuarine Waters Area of Environmental Concern (AEC). A 17 to 57 acre wave break shadow is anticipated. Basis for Determination: The project is located within the Pamlico Sound. As indicated on Page 217, the "Conservation" designation also applies to all CAMA Areas of Environmental Concern (AECs). As indicated on Page 217, the purpose of the Conservation classification is to provide for the effective long-term management and protection of significant, limited, or irreplaceable areas. A glossary of terms used in the policy statements is provided on Page 139. These include: Advocate: to promote or encourage Encourage: to favor or foster (also see support) Recognize: to show awareness of an issue or condition Shall: mandatory, not optional; a more formal term for"will" Should: preferred or recommended but not mandatory in all cases Support: to foster; may imply financial support State of North Carolina I Environmental Quality 1367 US Hwy 17 South I Elizabeth City,NC 27909 252-264-3901 1252-264-3723[fax] ' North Carolina Department of Environmental Quality MEMORANDUM Division of Coastal Management Page 3 of 4 The following LUP policies may be applicable to this request: Public Access: Policy PA#1, Page 142. "Dare County supports the preservation and protection of the public's right to access and use of the public trust areas and waters." Land Use Compatibility: Policy LUC#15, Page 159. "The Dare County Board of Commissioners supports the protection of structures, lands, and artifacts that have been identified by the NC Department of Cultural Resources, Division of Archives and History, as archaeologically or historically significant. On a case-by-case basis individual protection/management strategies should be implemented to ensure archaeological and/or historical resources are not destroyed." Natural Hazards: Estuarine Systems Policy NH#2, Page 180. "Estuarine shoreline development should continue to be managed to protect and preserve the natural resources of the estuarine waters and the estuarine shoreline. The appropriate tools for this are the existing CAMA permit program and the Areas of Environmental Concerns (AECs) designated under the CAMA program..." Implementation Strategy, Page 180. "1. Rely on existing CAMA AEC regulations to address development activities along the ocean beaches, estuarine shoreline, and other public trust areas in unincorporated Dare County..." State of North Carolina I Environmental Quality 1367 US Hwy 17 South I Elizabeth City,NC 27909 252-264-3901 1252-264-3723[fax] ' • North Carolina Department of Environmental Quality MEMORANDUM Division of Coastal Management Page 4 of 4 Water Quality: Fisheries Resources Policy WQ#11, Page 193. "Dare County recognizes the importance of our surrounding waters that serve as habitats for the area's abundant fisheries resources. The continued productivity of Dare County's fisheries shall be fostered through restoration and protection of the unique ecosystems upon which they depend. Dare County supports measures to protect and preserve designated primary nursery areas by the Division of Marine Fisheries..." Local Areas of Concern: Policy LAC#4, Page 200. "Dare County encourages federal and state regulatory agencies to consider fast-tracking of public purposes projects..." State of North Carolina I Environmental Quality 1367 US Hwy 17 South I Elizabeth City,NC 27909 252-264-3901 I 252-264-3723[fax] PAT MCCRORY Governor . DONALD R. VAN DER VAART Environmental Quality October 30, 2015 j ‘ ECEI 1Ir ED MEMORANDUM Nov 1 ,0 2015 OIV. OF COASTAL MANAGEMENT TO: Donna Creef, Planning Director RALEIGH ` Dare County ` :x` i#3 s F V FROM: Doug Huggett, Major Permits Processing (coordinator'' jz C/O Cathy Brittingham, Transportation Project Coordinator Division of Coastal Management SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: NC Department of Transportation Project Location: Approx. 3 miles W. of Bonner Bridge; Project site w/in Pamlico Sound, Dare Co. Proposed Project: B-2500 SAV Mitigation; Wave break structure Please indicate below your agency's position or viewpoint on the proposed project and return this form by 11/20/15 to Cathy Brittingham, 1617 Mail Service Center, do DWR Wetlands Unit, Raleigh, NC 27699-1617. If you have any questions regarding the proposed project, please contact Greg Daisey at (252) 264-3901, ext. 249. When appropriate, in-depth comments with supporting data are requested. REPLY: This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED DATE I L— Nothing Compares State of North Carolina Environmental Quality 1367 US Hwy 17 South I Elizabeth City, NC 27909 252-264-3901 1252-264-3723[fax] An Equal Opportunity\Affirmative Action Employer / PAT MCCRORY n1r� f� Governor M (J LLL�,�� 'tea 1 i�J ALD R. VAN DER VAART QV - ret„ti Environmental v 2015 lei Quality Shellfish Sanitati V on F October 30, 2015 water�uati.v "c q"'1oaal MEMORANDUM TO: Patti Fowler, Shellfish Sanitation NC DIVISION OF MARINE FISHERIES FROM: Doug Huggett, Major Permits Processing Coordinator C/O Cathy Brittingham, Transportation Project Coordinator Division of Coastal Management SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: NC Department of Transportation Project Location: Approx.3 miles W.of Bonner Bridge; Project site w/in Pamlico Sound,Dare Co. Proposed Project: B-2500 SAV Mitigation; Wave break structure Please indicate below your agency's position or viewpoint on the proposed project and return this form by 11/20/15 to Cathy Brittingham, 1617 Mail Service Center,do DWR Wetlands Unit, Raleigh, NC 27699-1617. If you have any questions regarding the proposed project, please contact Greg Daisey at (252) 264-3901, ext. 249. When appropriate, in-depth comments with supporting data are requested. REPLY: This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED j --- POI4ATE "--Nothing Compares RECEIVED State of North Carolina I Environmental Quality NOV 06 2015 1367 US Hwy 17 South I Elizabeth City,NC 27909 252-264-3901 1252-264-3723[fax) An Equal Opportunity I Affirmative Action Employer DCM- MHD CITY Mt PAT MCCRORY '1°,(115NTLI LD R. VAN DER VAART Environmental Quality October 30, 2015 Stu - t3e4- MEMORANDUM TO: Renee Gledhill-Early NC Department of Cultural Resources FROM: Doug Huggett,Major Permits Processing Coordinator �� C/O Cathy Brittingham,Transportation Project Coordinator Division of Coastal Management NC SUBJECT: CAMA/DREDGE& FILL Permit Application Review 11- 45. Applicant: NC Department of Transportation ttlktgt5 Project Location: Approx.3 miles W.of Bonner Bridge; Project site w/in Pamlico Sound. Dare Co. Proposed Project: B-2500 SAV Mitigation; Wave break structure Please indicate below your agency's position or viewpoint on the proposed project and return this form by 11/20/15 to Cathy Brittingham, 1617 Mail Service Center, do DWR Wetlands Unit, Raleigh, NC 27699-1617. If you have any questions regarding the proposed project, please contact Greg Daisey at (252) 264-3901, ext. 249. When appropriate, in-depth comments with supporting data are requested. REPLY: This office has no objection to the project as proposed. k This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. DATE 1• / ?� SIGNED "1 1 � •" "Nothing Compare, State of North Carolina j Environmental Quality 1367 US Hwy 17 South I Elizabeth City,NC 27909 NOV 1 0 2015 252-264-3901 1252-264-3723[fax] An Equal Opportunity ti Affirmative Action Employer RECEIVED PAT MCCRORY Governor NOV 0 2 2015 DONALD R. VAN DER VAART Secretary Environmental ram . aa: DOA . Quality STATE PROPERTY October 30, 2015 OFFICE I, ECEIVED MEMORANDUM DEC 0 8 2015 TO: Tim Walton, Manager v. OF COASTAL MANAGEMENT State Property Office RALEIGH FROM: Doug Huggett, Major Permits Processing tobrdinator C/O Cathy Brittingham, Transportation Project Coordinator Division of Coastal Management SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: NC Department of Transportation Project Location: Approx. 3 miles W. of Bonner Bridge; Project site w/in Pamlico Sound, Dare Co. Proposed Project: B-2500 SAV Mitigation; Wave break structure Please indicate below your agency's position or viewpoint on the proposed project and return this form by 11/20/15 to Cathy Brittingham, 1617 Mail Service Center, c/o DWR Wetlands Unit, Raleigh, NC 27699-1617. If you have any questions regarding the proposed project, please contact Greg Daisey at (252) 264-3901, ext. 249. When appropriate, in-depth comments with supporting data are requested. REPLY: This office has no objection to the project as proposed. 4 tA Chi This office has no comment on the proposed project. r E`' 41 eA1° L This office approves of the project only if the recommended changes are d��� incorporated. See attached. Vj. O� This office objects to the project for reasons described in the attached comments. SIGNED DATE `a- ` thing Compares State of rth arolina I Environmental Quality 1367 US Hwy South I Elizabeth City, NC 27909 252-264-3901 1252-264-3723[fax] An Equal Opportunity\Affirmative Action Employer naper. PAT MCCRORY CM et lit DONALD R. VAN DER VAART s,-,,F r&i, Environmental Quality October 30, 2015 MEMORANDUM ` 2015 DENR-LAND QUALITY TO: Lee Padrick STCRMWATER PERMITTING Division of Community Assistance FROM: Doug Huggett, Major Permits Processing Coordinator C/O Cathy Brittingham, Transportation Project Coordinator Division of Coastal Management SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: NC Department of Transportation Project Location: Approx. 3 miles W. of Bonner Bridge; Project site w/in Pamlico Sound, Dare Co. Proposed Project: B-2500 SAV Mitigation; Wave break structure Please indicate below your agency's position or viewpoint on the proposed project and return this form by 11/20/15 to Cathy Brittingham, 1617 Mail Service Center, do DWR Wetlands Unit, Raleigh, NC 27699-1617. If you have any questions regarding the proposed project, please contact Greg Daisey at (252) 264-3901, ext. 249. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. is agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. DATE //2 'r `'`Nothing Compares --- State of North Carolina I Environmental Quality 1367 US Hwy 17 South I Elizabeth City, NC 27909 252-264-3901 1252-264-3723[fax] An Equal Opportunity\Affirmative Action Employer 1110 PAT MCCRORY Govern DONALD R. VAN DER VAART Secretary Environmental �CFJVED/NCDENp�pyyB Quality October 30, 2015 NOV 2 2015 MEMORANDUM Water9on Qualify Regional WastOinerationsegional Section R Off TO: Garcy Ward, Environmental Senior Specialist NCDOT Project Coordinator DWR: Water Quality, WaRO FROM: Doug Huggett, Major Permits Processing Coordinator C/O Cathy Brittingham, Transportation Project Coordinator Division of Coastal Management SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: NC Department of Transportation Project Location: Approx. 3 miles W.of Bonner Bridge; Project site w/in Pamlico Sound, Dare Co. Proposed Project: B-2500 SAV Mitigation; Wave break structure Please indicate below your agency's position or viewpoint on the proposed project and return this form by 11/20/15 to Cathy Brittingham, 1617 Mail Service Center, do DWR Wetlands Unit, Raleigh, NC 27699-1617. If you have any questions regarding the proposed project, please contact Greg Daisey at (252) 264-3901, ext. 249. When appropriate, in-depth comments with supporting data are requested. REPLY: ' This agency has no objection to the project as proposed. S o-o et.c m t✓y 5 This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED l/mil DATE /1 - 2 1- I d "1-T G -^ 'Nothing Compares State of North Carolina I Environmental Quality 1367 US Hwy 17 South I Elizabeth City,NC 27909 252-264-3901 1252-264-3723[fax] An Equal Opportunity 1 Affirmative Action Employer Pext-„ (QAure- cfi t' - 5'k! rn Cet4A') i. ;t( 10.4 Otte, uncicd 6 —Taf6.aL Mid 27 Ptin,,i einJ W 4r d �li1� ? 'r` cu-Loo Ai O. 3S S. 7).i.JK e-c4 1p 20 t S 1222 Duv/z tug,5/1 5 >cirrt a�:,'G,�► --ct• tILL vvapek re4 to&j . c ty� crrt etA61 Fr"; 3 f e,1.`Q-I fern ncr-t r4s (A,k 'c K. ode. iliac. dG(12-.i70/rl' � dt- un'nj t Ia- w,n ed xiJu✓t. S14V ;s d rr<< she,vid -fhk. orall foe cr;encled �U ra e e r6 ke c4 441 f re-Y1. G4Li Cy) 14 J t,21 1'v'hd 3 t u otoG cot Mort, t, fe,vca (1-t, d ro n) -the- 5/tl it )) or? : reCot\S'�C� �'10JN Col1 ' PAT MCCRORY IMICt DONALD R. VAN DER VAART wet'Wary. Water Resources S. JAY ZIMMERMAN ENVIRONMENTAL QUALITY I hrector March 21,2016 Dare County NCDWR Project No.20151222 v.2 TIP B-2500 Phase I APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS Mr. Philip S. Harris, iII,P.E.,CPM Natural Environment Section I lead Project Development and Environmental Analysis North Carolina Department of Transportation 1598 Mail Service Center Raleigh,North Carolina,27699-1598 Dear Mr. Harris: You have our approval, in accordance with the conditions listed below,for the following impacts for the purpose of constructing a 500 ft. long by 4.79 ft.high habitat enhancement structure in Pamlico Sound in Dare County: Open Water Impacts in the Pasquotank River Basin Site Open Water Fill(ac) 0.06 The project shall be constructed in accordance with your application dated received February 19,2016. After reviewing your application,we have decided that these impacts are covered by General Water Quality Certification Number 3885. This certification corresponds to the Nationwide Permit 27 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 streams(now or in the future)exceed 150 linear feet,compensatory mitigation may be required as described in 15A NCAC 2H .0506(h)(6)and(7). Additional buffer impacts may require compensatory mitigation as described in 15A NCAC 2B.0259. For this approval to remain valid,you must adhere to the conditions listed in the attached certification and any additional conditions listed below. State of North Carolina linsironmental Quality Water Resources 1617 Mat Service Center,Raleigh,North Carolina 27699-1617 Phone:919-807.6300 t r Condition(s)of Certification: I. 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. 2. The Permittee shall ensure that the final design drawings adhere to the certification and to the drawings submitted for approval. [15A NCAC 02H .0507(c)and 15A NCAC 02H.0506(b)(2)and(c)(2)] 3. 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.[l5A NCAC 02H.0506(b)(2)] 4. If work conditions require barges,they shall be floated into position and then sunk. The barges shall not be sunk and then dragged into position.Under no circumstances should barges be dragged along the bottom of the surface water. [15A NCAC 02H .0506(bX3) 5. Adherence to The Guidelines for Avoiding Impacts to the West Indian Manatee: Precautionary Measures for Construction Activities in North Carolina Waters will be required throughout construction. 6. 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)] 7. 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. 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. 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. 8. 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)] 9. Native riparian vegetation(ex. list trees and shrubs native to your geographic region)must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 10. 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 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,NCDWR may reevaluate and modify this certification. [l5A NCAC 02B.0200] 11. The Permittee shall report any violations of this certification to the Division of Water Resources within 24 hours of discovery. [15A NCAC 02B.0506(b)(2)] 12. Upon completion of the project(including any impacts at associated borrow or waste site),the NCDOT Division Engineer shall complete and return the enclosed "Certification of Completion Form"to notify NCDWR when all work included in the 401 Certification has been completed. (15A NCAC 0211.0502(0] 13. A copy of this Water Quality Certification shall be maintained on site at 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)] 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 5:00pm,except for official state holidays. The original and one(I)copy of the petition must be filed with the Office of Administrative Ilearings. 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. Sam M. Hayes,General Counsel Department of Environmental Quality 1601 Mail Service Center 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 Garcy Ward at(252)946-6481 or garcy.ward@ncdenr.gov. ncdenr.gov. Sincerely, 10)v) S.Jay Zimmerman, Director Division of Water Resources Attachments(General Certifications and Certificate of Completion form) Electronic copy only distribution: Tracey Wheeler, US Army Corps of Engineers, Washington Field Office Rodger Rochelle,NC Department of Transportation Chris Rivenbark,NC Department of Transportation Colin Mellor,NC Department of Transportation Dr.Cynthia Van Der Wiele,US Environmental Protection Agency Gary Jordan, US Fish and Wildlife Service Travis Wilson,NC Wildlife Resources Commission Clay Willis, NC DOT Division 1 Greg Daisey, DCM, Elizabeth City Cathy Brittingham, DCM, Raleigh Garcy Ward,NC DWR, Washington Regional Office File Copy Brittingham, Cathy From: Wheeler, Tracey L SAW <Tracey.L.Wheeler@usace.army.mil> Sent: Monday, November 02, 2015 3:39 PM To: Brittingham, Cathy Cc: Ward, Garcy; Rivenbark, Chris Subject: B 2500 SAV Mitigation Wave break structure (UNCLASSIFIED) Attachments: DCM Request for comment.pdf Classification: UNCLASSIFIED Caveats: NONE Cathy, Please see the attached. NCDOT is going to submit an application to us for the structure. We will assess the potential impacts at that time. Call me if you have questions.Tracey Tracey L. Wheeler Regulatory Project Manager U.S. Army Corps of Engineers Washington Regulatory Field Office 2407 West 5th Street Washington, North Carolina 27889 (910) 251-4627 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0. Classification: UNCLASSIFIED Caveats: NONE 1 RECIE® PAT MCCRORIC. Y DONALD R. VAN DER VAART Environmental NOV 0 2 2015 Quality U.S.ARMY CORPS� G October 30,2015 `�Vasltingte°Regulatory ld MEMORANDUM TO: Tracey Wheeler US Army Corps of Engineers FROM: Doug Huggett, Major Permits Processing Coordinator C/O Cathy Brittingham, Transportation Project Coordinator Division of Coastal Management SUBJECT: CAMA/DREDGE&FILL Permit Application Review Applicant: NC Department of Transportation Project Location: Approx.3 miles W.of Bonner Bridge;Project site w/in Pamlico Sound,Dare Co. Proposed Project: B-2500 SAV Mitigation; Wave break structure Please indicate below your agency's position or viewpoint on the proposed project and return this form by11/20/15 to Cathy Brittingham, 1617 Mail Service Center,do DWR Wetlands Unity Raleigh, NC 27699-1617. If you have any questions regarding the proposed project, please contact Greg Daisey at (252) 264-3901, ext. 249. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. _- ~�� iv-i .0e et c- :ry Ct71 ruck, SIGNED DATE -'''-"Nothing Compares._:...- State of North Carolina Environmental Quality 1367 US Hwy 17 South I Elizabeth City,NC 27909 252-264-3901 1252-264-3723[fax] An Equal Opportunity t Affirmative Action Employer U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2015-02207 County: Dare U.S.G.S.Quad:NC-OREGON INLET GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: NC Department of Transportation Phil Harris Address: 1598 Mail Service Center Raleigh.NC.27699-1598 Telephone Number: Size(acres) 57 acres Nearest Town Nags Head, Nearest Waterway Atlantic Ocean River Basin Albemarle USGS HUC 03010205 Coordinates Latitude:35.75084041 Longitude:-75.58649065 Location description: The project area is a 57 acre area located southwest of Bonner Bridge and Oregon Inlet near a stable shoal in the Pamlico Sound. Description of projects area and activity: NCDOT proposes to construct a 500 foot long wavebreak structure designed to attenuate wave energy and improve habitat function.The project was designed to meet mitigation requirements established in the NCDCM Major Permit to replace Bonner Bridge in Oregon Inlet,Dare County.North Carolina.See also SAW-1993- 03077 Applicable Law: ® Section 404(Clean Water Act,33 USC 1344) ® Section 10(Rivers and Harbors Act,33 USC 403) Authorization: Regional General Permit Number or Nationwide Permit Number:NWP 27 Aquatic Habitat Restoration, Establishment,and Enhancement Activities. SEE ATTACHED RGP or NWP GENERAL,REGIONAL AND 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 and attached information dated 02/19/2016. 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 authorization is modified,suspended or revoked. If, prior to the expiration date identified below, the nationwide 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 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 permit,will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's 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 Quality(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 Elizabeth City,NC,at(252)264-3901. 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 Tracey Wheeler at 910-251-4627 or Tracey.L.Wheeleramsace.armv.mil. WHEELER.TRACEY.L. "�a.�" Corps Regulatory Official: 1271895182 °'"'s"m .. �. "",e:isa'"" """ Date: 04/01/2016 a�misss'um�"�"" Expiration Date of Verification: 03/18/2017 Determination of Jurisdiction: A. 0 Based on preliminary information,there appear to be waters of the US including wetlands within the above described project area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). B. ® There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations,this determination may be relied upon for a period not to exceed five years from the date of this notification. C. ❑ There are waters of the US and/or wetlands within the above described project area 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. D. 0 The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued . Action ID:SAW- Basis For Determination: Project area is located entirely below OHWM in the tidal waters of Oregon Inlet and Pamlico Sound. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps'Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants,or anticipate participation in USDA programs,you should request a certified wetland determination from the local office of the Natural Resources Conservation Service,prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B and C above). This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination,you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process(NAP)fact sheet and request for appeal(RFA)form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele,Review Officer 60 Forsyth Street SW,Room 10M15 Atlanta,Georgia 30303-8801 Phone:(404)562-5137 In order for an RFA to be accepted by the Corps,the Corps must determine that it is complete,that it meets the criteria for appeal under 33 CFR part 331.5,and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form,it must be received at the above address by **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** ognalH.g.S M WHEELER 11UEEY.L.1messlez WHEELER.TRACEY.L.1271895182 �.Wq ELERTMCEY(L 3]te95 W=�W= Corps Regulatory Official: UaK ID16«01169e1{« Tracey Wheeler Date of JD: 04/01/2016 Expiration Date of JD: 04/01/2021 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 online at http://regulatorv.usacesurvey.com/. SAW-2015-02207 SPECIAL CONDITIONS 1.This project does not meet standards described in the USACE Mitigation Rule and may not be used to provide compensatory mitigation for impacts authorized by any USACE permits. 2.NCDOT must coordinate with USCG to satisfy marking and lighting requirements for the structure. 3.If functional uplift is not achieved,NCDOT must coordinate with USACE to determine appropriate remedial action,which may include removal of the structure. Action ID Number: SAW-2015-02207 County: Dare Permittee: NC Department of Transportation Phil Harris Project Name: NCDOT/Bridge 11 Bonner Bridge/Wavebreak/SAV Habitat Enhancement Structure Date Verification Issued: 04/01/2016 Project Manager: Tracey Wheeler Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn: Tracey Wheeler 2407 West 5th Street Washington,North Carolina 27889 Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit,and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date Brittingham, Cathy From: Brittingham, Cathy Sent: Wednesday, December 16, 2015 10:26 AM To: Rivenbark, Chris; Turchy, Michael A Cc: Daisey, Greg;Tracey Wheeler(Tracey.L.Wheeler@usace.army.mil); Ward, Garcy (Garcy.Ward@ncdenr.gov) Subject: B-2500 Phase I SAV mitigation plan, CAMA Permit Major Modification Attachments: B-2500 Major Modification.pdf Hello, Please find attached a Major Modification of CAMA Permit No. 106-12 authorizing the B-2500 Phase I SAV Mitigation Plan. A paper copy will be sent to NCDOT in Raleigh. Please let me or Greg Daisey know if you have any questions or concerns. Sincerely, Cathy Brittingham Cathy Brittingham,Transportation Project Coordinator N.C. Division of Coastal Management (919)707-9149 phone cathy.brittingham@ncdenr.gov Mailing Address: • c/o DWR Wetlands Unit 1617 Mail Service Center Raleigh,NC 27699-1617 Physical Address: 512 North Salisbury Street Archdale Building 12th Floor, Room 1204G Raleigh,NC 27604 Please visit www.nccoastalmanagement.net to subscribe to Coastal Management's quarterly newsletter,the CAMAgram. E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties 1 Brittingham, Cathy From: Rivenbark, Chris Sent: Friday, December 04, 2015 11:49 AM To: Brittingham, Cathy; Daisey, Greg Cc: Turchy, Michael A; Paugh, Leilani Y; Herring, Kathy Subject: RE:A few questions, B-2500 Phase I mitigation plan Attachments: Exhibit 2 Reefmaker Ecosystem Units Design - Profile View.pdf Cathy, We've provided answers to your questions below. The information that Randy Boyd provided you yesterday was completed for construction purposes and should be considered as supplemental with one exception. We have replaced Exhibit 2 from the mitigation plan which no longer shows stone scour protection and bedding stone.The rest of the mitigation plan remains valid. 1. Wfhat will be the as-built height of the wavebreak structure?The structure is designed with 4 units each^'1 %foot tall. The wave attenuation structure total height above the sediment is' 4 feet. MHW is estimated at"2 \di' feet at the site and —2 units will submerged at MHW iIthe wavebreak structure or any portion of the wavebreak shadow within the USFWS or NPS proclamation undary? Yes, it falls within USFWS's boundary. And if so, is a SUP or other type of permit required by USFWS d/or NPS? No, per communication between Dennis Stewart(PINWR)and Kathy Herring (NCDOT). 3. On page 3 of the SAV mitigation plan, it states that: "...a point-intercept survey will be conducted within the footprint of the wall and construction access corridor....to document the amount of seagrass moved..." Elsewhere in the report and application, references are only made to impacts within the footprint of 1,, ..!..... the wave break structure, I think. Would you please provide information about le construction corridor— dimensions and estimated impacts. The structure will be constructed via spud barges with no additional impacts anticipated. �.._.___/ 4. Does the benthic footprint of the wavebreak structure stated in the application cover letter as 2,500 square feet include the full extent of the stone scour protection and bedding stone? Stone scour protection and bedding stone will not be utilized for this 0 structure. Please see the attached revised Exhibit 2. Please let us know if you have any additional questions and thank you for your help. Chris Rivenbark Project Development& Environmental Analysis Natural Environment Section North Carolina Department of Transportation 919-707-6152 office crivenbarkncdot.gov 1598 Mail Service Center Raleigh, NC 27699-1598 1020 Birch Ridge Drive Raleigh, NC 27610 1 Brittingham, Cathy From: Brittingham, Cathy Sent: Thursday, December 03, 2015 1:39 PM To: 'Randy Boyd' Subject: RE: Bonner Bridge Mitigation Plan Thanks Randy! FYI, I shared these with the DCM Field Rep Greg Daisey and NCDOT staff(Chris Rivenbark and Michael Turchy). I am glad we received these current plans before the final permit decision. That way we don't have to go through a permit modification.... Sincerely, Cathy Cathy Brittingham,Transportation Project Coordinator N.C. Division of Coastal Management (919)707-9149 phone cathy.brittingham@ncdenr.gov Mailing Address: c/o DWR Wetlands Unit 1617 Mail Service Center Raleigh,NC 27699-1617 Physical Address: 512 North Salisbury Street Archdale Building 12th Floor, Room 1204G Raleigh,NC 27604 Please visit www.nccoastalmanapement.net to subscribe to Coastal Management's quarterly newsletter,the CAMAgram. E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties From: Randy Boyd [mailto:RBoyd@sepiengineering.com] Sent:Thursday, December 03, 2015 1:05 PM To: Brittingham, Cathy<cathy.brittingham@ncdenr.gov> Subject: Bonner Bridge Mitigation Plan Per our conversation,these are the plans. From: scopier@sepiengineering.com fmailto:scopier@sepiengineering.com] Sent:Thursday, December 03, 2015 7:40 AM To: Randy Boyd <RBovd@sepiengineering.com> Subject: Message from KM_C364e 1 Brittingham, Cathy From: Rivenbark, Chris Sent: Tuesday, November 24, 2015 11:19 AM To: Tracey Wheeler(Tracey.L.Wheeler@usace.army.mil);Ward, Garcy Cc: Al-Ghandour, Majed N; Brittingham, Cathy; Chapman, Amy; Daisey, Greg; Fritz Rohde - NOAA Federal; garyjordan@fws.gov;Jennings, Jerry D; Keith Hanson; Koch, Thomas K; Carpenter,Kristi; Mellor, Colin; Staley, Mark K; Staples, Shane;Thomas, Roger D;Wilson, Travis W.;Twisdale,John W;Ward, Garcy;Wilkins, Ronald B;Willis, Thomas C; Feulner, Brett M; Griffin, Randy W; Paugh, Leilani Y; Turchy, Michael A; McCann, Nora A; Herring, Kathy Subject: Permit Application for B-2500 SAV Mitigation Site, Dare County The permit application for the B-2500 Phase I SAV Mitigation Site (Nationwide 27) has been prepared. The electronic copy can be viewed/downloaded at https://xfer.services.ncdot.gov/pdea/PermApps/B-2500/ This email serves as our permit application submittal to the U.S. Army Corps of Engineers and the N.C. Division of Water Resources. Chris Rivenbark Project Development& Environmental Analysis Natural Environment Section North Carolina Department of Transportation (919) 707-6152 office crivenbark a( ,ncdot.gov 1598 Mail Service Center Raleigh, NC 27699-1598 1020 Birch Ridge Drive Raleigh, NC 27610 Nothing Compares -t Email correspondence to and from this sender is subject to the N.C.Public Records Law and may be disclosed to third parties. 1 PAT McCRORY Governor NICHOLAS J. TENNYSON Secretary Transportation November 24,2015 U.S. Army Corps of Engineers L . ,.� keg Y E D Regulatory Field Office 2407 West 5th Street NOV 2 4 2015 Washington,NC 27889 LXV. OF COASTAL MANAGEMENT ATTN: Ms. Tracey Wheeler RALEIGH NCDOT Coordinator Subject: Request for a 404 Nationwide 27 Permit for the Construction of Wavebreak Structure and Subsequent Study to Serve as Mitigation to Offset Potential Loss of SAV Habitat During Construction of the Replacement of Bridge No 11 over Oregon Inlet on NC 12 in Dare County. TIP No. B-2500 Phase I,WBS Element 32635.1.3 Dear Madam: The North Carolina Department of Transportation requests issuance of the above referenced permit to offset potential impact(s)to Submerged Aquatic Vegetation(SAV)due to the replacement of Bridge 11. The attached Mitigation Plan proposes a 500-foot long wavebreak structure, engineered to attenuate wave energies and provide a suitable wave climate to promote SAV coverage. The mitigation site is located southwest of Bonner Bridge,on a stable shoal that has supported patchy seagrass cover since at least 2012. Construction of the structure will occur from barges and equipment will not dredge or be dragged on the sound bottom. Impacts to the sound bottom will be limited to include the driving of piles, and the placement of the structure itself. The proposed, 500-foot long Reefmaker structure is estimated to have a 0.06 ac (2,500 sq. ft.) benthic footprint. It is anticipated that any SAV impacts during construction will be offset by relocation into the forecast wave shadow of the structure. Monitoring Monitoring of the SAV mitigation site will be conducted for a period of up to 5 years following installation of the wavebreak structure, and will include monitoring of wave energy, seagrass, structure/hard surface, and sediment elevation. A detailed monitoring plan is in the Mitigation Plan. In the event the structure does not perform as intended, after the 5th year of monitoring, or at final close-out, if requested by all of the resource agencies,NCDOT will remove this structure. %Nothing Compares_ State of North Carolina I Department of Transportation I Project Development and Environmental Analysis 1000 Birch Ridge Drive 11548 Mail Service Center I Raleigh,NC 27699-1548 919-707-6000 Proposed Let Date Construction of the structure may begin as soon as all permits are received. Regulatory Approvals Section 404 Permit: Issuance of a Nationwide Permit 27 is hereby made for the above described activity. Section 401 Certification: NCDOT hereby requests NCDWR's issue appropriate general Water Quality Certification for the above described activity. CAMA: Modification of the existing CAMA permit has been requested under separate letter. A copy of this request and its distribution list will be posted on the NCDOT Website at: https://connect.ncdot.gov/resources/Environmental. If you have any questions or need additional information, contact Michael Turchy at maturchy@ncdot.gov or 919 707-6157. Sincerely, ,Oor Richard W.Hancock,P.E.,Manager Project Development and Environmental Analysis Unit cc: NCDOT Permit Application Standard Distribution List • e W AT 9�G y r 1 1,1 1 O 'C Pre-Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s)of approval sought from the Corps: IASection 404 Permit ❑Section 10 Permit 1b. Specify Nationwide Permit(NWP)number:27 or General Permit(GP)number: 1 c. Has the NWP or GP number been verified by the Corps? ❑Yes ® No ld. Type(s)of approval sought from the DWQ(check all that apply): ❑401 Water Quality Certification—Regular ❑ Non-404 Jurisdictional General Permit ❑401 Water Quality Certification—Express ❑ Riparian Buffer Authorization le. Is this notification solely for the record For the record only for DWQ 401 For the record only for Corps Permit: because written approval is not required? Certification: ❑Yes ® No El Yes ® No lf. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation ❑Yes ®No of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu fee program. 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer lh ®Yes ❑ No below. 1 h. Is the project located within a NC DCM Area of Environmental Concern(AEC)? ®Yes ❑ No 2. Project Information 2a. Name of project: Wavebreak Structure for the Mitigation of Submerged Aquatic Vegetation(SAV) for B-2500,the Replacement of Bridge No. 11 in Dare County,on NC 12. 2b. County: Dare 2c. Nearest municipality/town: Rodanthe 2d. Subdivision name: n/a 2e. NCDOT only,T.I.P. or state B-2500 project no: 3. Owner Information 3a. Name(s)on Recorded Deed: North Carolina Department of Transportation 3b. Deed Book and Page No. 3c. Responsible Party(for LLC if applicable): 3d. Street address: 1598 Mail Service Center 3e. City, state,zip: Raleigh, NC 27699-1598 3f. Telephone no.: 919-707-6157 3g. Fax no.: 919-212-5785 3h. Email address: maturchy@ncdot.gov Page 1 of 10 4. Applicant Information(if different from owner) 4a. Applicant is: El Agent ❑Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information(if applicable) 5a. Name: 5b. Business name (if applicable): 5c. Street address: 5d. City, state,zip: 5e. Telephone no.: 5f. Fax no.: 5g. Email address: Page 2 of 10 • B. Project Information and Prior Project History 1. Property Identification l a. Property identification no. (tax PIN or parcel ID): n/a 1 b. Site coordinates (in decimal degrees): Latitude: 35.75084041 Longitude: -75.58649065 (DD.DDDDDD) (-DD.DDDDDD) 1 c. Property size: Approximately 57 acres 2. Surface Waters 2a. Name of nearest body of water(stream, river, etc.)to Pamlico Sound proposed project: 2b. Water Quality Classification of nearest receiving water: SA HQW 2c. River basin: Pasquotank 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The project area is in Pamlico Sound. It is adjacent to a natural barrier island and estuarine system,with recreation in Pea Island National Wildlife Refuge and Cape Hatteras National Seashore. 3b. List the total estimated acreage of all existing wetlands on the property: This structure is located in open water. No wetlands are located in the study area. 3c. List the total estimated linear feet of all existing streams(intermittent and perennial) on the property: n/a 3d. Explain the purpose of the proposed project: To compensate for potential losses of SAV which may occur with the replacement of Bridge 11,a unique, engineered 500-foot long wavebreak structure has been proposed to attenuate wave energies and provide a suitable wave climate to promote SAV coverage. 3e. Describe the overall project in detail, including the type of equipment to be used: All current permit conditions for B-2500 will be adhered to. Construction will be predominantly off of barges and include the driving of piles into the water bottom substrate. Cranes will be used to lower structure components onto the supporting piles. Construction equiment will not drag or rest on the water bottom. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property/ project(including all prior phases)in the past? Comments: A JD has been obtained for the B-2500 ❑Yes ❑ No El Unknown property, but not specifically for this area. This area is located in open water. 4b. If the Corps made the jurisdictional determination,what type ❑ Preliminary ® Final of determination was made? 4c. If yes,who delineated the jurisdictional areas? Agency/Consultant Company: CZR Inc. Name(if known):Sam Cooper Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. May 4, 2012,Action ID SAW-2012-00715. The Division of Coastal Management concurred with CAMA mapping on May 30,2012 5. Project History 5a. Have permits or certifications been requested or obtained for ®Yes ❑ No ❑ Unknown this project(including all prior phases)in the past? 5b. If yes,explain in detail according to"help file"instructions. Individual Permit(Action ID: SAW-1993-03077)was issued on 8/14/2013. Page 3 of 10 • 6. Future Project Plans 6a. Is this a phased project? ❑Yes ❑ No See Attached Cover Letter 6b. If yes,explain. C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project(check all that apply): ❑Wetlands ❑Streams-tributaries ❑ Buffers ®Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site,then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland Type of impact Type of Type of wetland Forested jurisdiction Area of impact(acres) number— impact (if known) (Corps-404, Permanent(P) 10 or Temporary DWQ—non- (T) 404, other) W1 ❑ P❑T ❑Yes ❑Corps ❑ No ❑ DWQ W2 ❑ P❑T ❑Yes ❑Corps ❑ No ❑ DWQ W3 ❑ P❑ T ❑Yes ❑Corps ❑ No DDWQ 2g.Total wetland impacts 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts(including temporary impacts)proposed on the site,then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of Stream name Perennial (PER)or Type of Average stream width Impact number- impact intermittent(INT)? jurisdiction (feet) length Permanent(P) (Corps- (linear or Temporary 404, 10 feet) (T) DWQ— non-404, other) Si ❑ P ❑ T ❑ PER ❑Corps ❑ INT ❑ DWQ S2 ❑ P ❑T ❑ PER ❑Corps ❑ INT ❑ DWQ S3 ❑ P ❑T ❑ PER ❑ Corps ❑ INT DDWQ S4 ❑ P ❑T ❑ PER ❑ Corps DINT ❑ DWQ S5 ❑ P ❑T ❑ PER ❑ Corps ❑ INT DDWQ S6 ❑ P ❑T ❑ PER ❑Corps DINT ❑ DWQ 3h. Total stream and tributary impacts 3i. Comments: Page 4 of 10 4. Open Water Impacts If there are proposed impacts to lakes, ponds,estuaries,tributaries, sounds,the Atlantic Ocean, or any other open water of the U.S.then individually list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of impact waterbody Type of impact Waterbody type Area of impact number— (if (acres) Permanent(P) applicable) or Temporary (T) Pamlico Fill 0.06 ac or 01 ® P ❑T Sound (insertion of piles to support mitigation Open Water (2,500 sq.ft.) wavebreak structure). 02 ❑ P❑T 03 ❑ P❑T 04 ❑ P❑ T 4f.Total open water impacts 0.06 ac or (2,500 sq.ft.) 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed,then complete the chart below. 5a. 5b. 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts(feet) Upland Pond ID Proposed use or (acres) number purpose of pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5f.Total 5g. Comments: 5h. Is a dam high hazard permit required? ❑Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: Page 5 of 10 6. Buffer Impacts(for DWQ) If project will impact a protected riparian buffer,then complete the chart below. If yes,then individually list all buffer impacts below. If any impacts require mitigation,then you MUST fill out Section D of this form. 6a. ❑ Neuse ❑Tar-Pamlico ❑Other: Project is in which protected basin? 0 Catawba ❑ Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number— Reason Buffer mitigation Zone 1 impact(square Zone 2 impact Permanent(P) for Stream name required? feet) (square feet) or Temporary impact (T) B1 ❑ P❑T ❑Yes ❑ No B2 ❑ P❑T ❑Yes ❑ No B3 ❑ P❑T ❑Yes ❑ No 6h. Total buffer impacts 6i.Comments: D. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. The design selected minimizes the benthic footprint of the structure. It is anticipated that any SAV impacts during construction will be offset by relocation into the forecast wave shadow of the structure. Construction of the wave break structure will occur predominantly from barges. No structure or equipment will drag on the water bottom.. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. NCDOT will implement"Guidelines for Avoiding Impacts to the West Indian Manatee, Precautionary Measures for Construction Activities in North Carolina Waters,"during work for this project. ki the event the structure does not perform as intended,after the 5th year of monitoring, or at final close-out, if ./requested by all of the resource agencies, NCDOT will remove this structure. 2. Compensatory Mitigation for Impacts to Waters of the U.S.or Waters of the State 2a. Does the project require Compensatory ❑Yes ® No Mitigation for impacts to Waters of the U.S. or Waters of the State? 2b. If yes,mitigation is required by(check all that apply): ❑ DWQ 0 Corps O Mitigation bank 2c. If yes,which mitigation option will be used for this project? ❑ Payment to in-lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b.Credits Purchased (attach receipt and letter) Type Quantity Page 6 of 10 • 3c.Comments: 4. Complete if Making a Payment to In-lieu Fee Program 4a.Approval letter from in-lieu fee program is ❑Yes attached. 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream ❑warm ❑ cool ❑cold temperature: 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non-riparian wetland mitigation requested: acres 4g. Coastal (tidal)wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. 6. Buffer Mitigation(State Regulated Riparian Buffer Rules)—required by DWQ 6a.Will the project result in an impact within a protected riparian ❑Yes ® No buffer that requires buffer mitigation? 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. 6c. 6d. 6e. Zone Reason for Total impact Multiplier Required mitigation impact (square feet) (square feet) Zone 1 3(2 for Catawba) Zone 2 1.5 6f.Total buffer mitigation required: 6g. If buffer mitigation is required,discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund). 6h. Comments: Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan(required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ❑Yes ® No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes,then is a diffuse flow plan included? If no, explain why. ❑Yes ❑ No Comments: 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? n/a% 2b. Does this project require a Stormwater Management Plan? ❑Yes ® No 2c. If this project DOES NOT require a Stormwater Management Plan,explain why: 2d. If this project DOES require a Stormwater Management Plan,then provide a brief, narrative description of the plan: n/a ❑Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ❑ DWQ Stormwater Program ❑ DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? n/a ❑ Phase II 3b. Which of the following locally-implemented stormwater management programs El NSW El USMP apply(check all that apply): ❑Water Supply Watershed ❑Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑Yes ❑ No attached? 4. DWQ Stormwater Program Review ❑ Coastal counties ❑ HQW 4a. Which of the following state-implemented stormwater management programs apply ❑ ORW (check all that apply): ❑ Session Law 2006-246 ❑ Other: N/A 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ❑Yes ❑ No n/a 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? 0 Yes ❑ No Page 8 of 10 F. Supplementary Information 1. Environmental Documentation(DWQ Requirement) la. Does the project involve an expenditure of public(federal/state/local)funds or the ®Yes ❑ No use of public(federal/state)land? lb. If you answered"yes"to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ®Yes ❑ No (North Carolina)Environmental Policy Act(NEPA/SEPA)? 1 c. If you answered"yes"to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) ®Yes ❑ No Comments: NEPA FEIS/EA/ROD for TIP B-2500 2. Violations(DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules(15A NCAC 2H .0500), Isolated Wetland Rules(15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑Yes ® No or Riparian Buffer Rules(15A NCAC 2B .0200)? 2b. Is this an after-the-fact permit application? ❑Yes ®No 2c. If you answered"yes"to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts(DWQ Requirement) 3a. Will this project(based on past and reasonably anticipated future impacts) result in ❑Yes ®No additional development,which could impact nearby downstream water quality? 3b. If you answered"yes"to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered"no,"provide a short narrative description. 4. Sewage Disposal(DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge)of wastewater generated from the proposed project, or available capacity of the subject facility. Not applicable. Page 9 of 10 5. Endangered Species and Designated Critical Habitat(Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ®Yes ❑ No habitat? • 5b. Have you checked with the USFWS concerning Endangered Species Act ®Yes ❑ No impacts? ® Raleigh 5c. If yes, indicate the USFWS Field Office you have contacted. O Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? USFWS website and agency consultation; FEIS/ROD 6. Essential Fish Habitat(Corps Requirement) 6a.Will this project occur in or near an area designated as essential fish habitat? ®Yes 0 No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? NMFS county index; FEIS/ROD 7. Historic or Prehistoric Cultural Resources(Corps Requirement) 7a. Will this project occur in or near an area that the state,federal or tribal governments have designated as having historic or cultural preservation ®Yes ❑ No status(e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? NEPA documentation; FEIS/ROD 8.Flood Zone Designation(Corps Requirement) 8a.Will this project occur in a FEMA-designated 100-year floodplain? ®Yes 0 No 8b. If yes,explain how project meets FEMA requirements: This activity will not result in changes in permanent flood elevations. 8c.What source(s)did you use to make the floodplain determination?approved NEPA documents -44.- Richard W. Hancock, P.E. A '� 11-24-201S Applicant/Agent's Printed Name Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 10 of 10 PAT MCCRORY Governor DONALD R. VAN DER VAART " secretory Environmental Quality November 2, 2015 MEMORANDUM TO: Garcy Ward, Environmental Senior Specialist NCDOT Project Coordinator DWR: Water Quality, WaRO FROM: Doug Huggett, Major Permits Processing Coordinator C/O Cathy Brittingham, Transportation Project Coordinator Division of Coastal Management SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: NC Department of Transportation Project Location: Approx. 3 miles W. of Bonner Bridge; Project site w/in Pamlico Sound, Dare Co. Proposed Project: B-2500 SAV Mitigation; Wave break structure Please indicate below your agency's position or viewpoint on the proposed project and return this form by 11/20/15 to Cathy Brittingham, 1617 Mail Service Center, do DWR Wetlands Unit, Raleigh, NC 27699-1617. If you have any questions regarding the proposed project, please contact Greg Daisey at (252) 264-3901, ext. 249. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE '''Nothing Compares--�1 State of North Carolina I Environmental Quality 1367 US Hwy 17 South I Elizabeth City,NC 27909 252-264-3901 1252-264-3723[fax] An Equal Opportunity 1 Affirmative Action Employer PAT MCCRORY DONALD R. VAN DER VAART Secretary Environmental Quality November 2, 2015 MEMORANDUM TO: Tracey Wheeler US Army Corps of Engineers FROM: Doug Huggett, Major Permits Processing Coordinator C/O Cathy Brittingham, Transportation Project Coordinator Division of Coastal Management SUBJECT: CAMA/DREDGE& FILL Permit Application Review Applicant: NC Department of Transportation Project Location: Approx. 3 miles W. of Bonner Bridge;Project site w/in Pamlico Sound,Dare Co. Proposed Project: B-2500 SAV Mitigation; Wave break structure Please indicate below your agency's position or viewpoint on the proposed project and return this form by 11/20/15 to Cathy Brittingham, 1617 Mail Service Center, do DWR Wetlands Unit, Raleigh, NC 27699-1617. If you have any questions regarding the proposed project, please contact Greg Daisey at (252) 264-3901, ext. 249. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 'Nothing Compares--- State of North Carolina I Environmental Quality 1367 US Hwy 17 South I Elizabeth City, NC 27909 252-264-3901 1252-264-3723[fax] An Equal Opportunity\Affirmative Action Employer PAT MCCRORY Governor DONALD R. VAN DER VAART Environmental Se( 1 "t� Quality November 2, 2015 MEMORANDUM TO: Lee Padrick Division of Community Assistance FROM: Doug Huggett, Major Permits Processing Coordinator C/O Cathy Brittingham, Transportation Project Coordinator Division of Coastal Management SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: NC Department of Transportation Project Location: Approx. 3 miles W. of Bonner Bridge; Project site w/in Pamlico Sound, Dare Co. Proposed Project: B-2500 SAV Mitigation; Wave break structure Please indicate below your agency's position or viewpoint on the proposed project and return this form by 11/20/15 to Cathy Brittingham, 1617 Mail Service Center, do DWR Wetlands Unit, Raleigh, NC 27699-1617. If you have any questions regarding the proposed project, please contact Greg Daisey at (252) 264-3901, ext. 249. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE "~ 'Nothing Compares—,1 State of North Carolina I Environmental Quality 1367 US Hwy 17 South I Elizabeth City,NC 27909 252-264-3901 1252-264-3723[fax] An Equal Opportunity 1 Affirmative Action Employer �.� PAT MCCRORY Governor DONALD R. VAN DER VAART Environmental Secretory Quality November 2,2015 MEMORANDUM TO: Patrick McClain,P.E.,Regional Engineer NC DIVISION OF ENERGY,MINERALS, & LAND RESOURCES FROM: Doug Huggett, Major Permits Processing Coordinator C/O Cathy Brittingham, Transportation Project Coordinator Division of Coastal Management SUBJECT: CAMA/DREDGE&FILL Permit Application Review Applicant: NC Department of Transportation Project Location: Approx. 3 miles W. of Bonner Bridge;Project site w/in Pamlico Sound, Dare Co. Proposed Project: B-2500 SAV Mitigation; Wave break structure Please indicate below your agency's position or viewpoint on the proposed project and return this form by 11/20/15 to Cathy Brittingham, 1617 Mail Service Center, do DWR Wetlands Unit, Raleigh, NC 27699-1617. If you have any questions regarding the proposed project, please contact Greg Daisey at (252) 264-3901, ext. 249. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE - --"-'-Nothing Compares State of North Carolina I Environmental Quality 1367 US Hwy 17 South I Elizabeth City,NC 27909 252-264-3901 1252-264-3723[fax] An Equal Opportunity\Affirmative Action Employer • PAT MCCRORY Governor w DONALD R. VAN DER VAART Secretary Environmental Quality November 2, 2015 MEMORANDUM TO: Shane Staples, Fisheries Resource Specialist Division of Coastal Management, WaRO FROM: Doug Huggett, Major Permits Processing Coordinator C/O Cathy Brittingham, Transportation Project Coordinator Division of Coastal Management SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: NC Department of Transportation Project Location: Approx. 3 miles W. of Bonner Bridge; Project site w/in Pamlico Sound, Dare Co. Proposed Project: B-2500 SAV Mitigation; Wave break structure Please indicate below your agency's position or viewpoint on the proposed project and return this form by 11/20/15 to Cathy Brittingham, 1617 Mail Service Center, do DWR Wetlands Unit, Raleigh, NC 27699-1617. If you have any questions regarding the proposed project, please contact Greg Daisey at (252) 264-3901, ext. 249. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE -'~ 'Nothing Compares State of North Carolina I Environmental Quality 1367 US Hwy 17 South I Elizabeth City, NC 27909 252-264-3901 1252-264-3723[fax] An Equal Opportunity\Affirmative Action Employer PAT MCCRORY co,,/oo, DONALD R. VAN DER VAART Environmental Sec rerc,n Quality November 2, 2015 MEMORANDUM TO: Charlan Owens, District Planner Division of Coastal Management FROM: Doug Huggett, Major Permits Processing Coordinator CIO Cathy Brittingham, Transportation Project Coordinator Division of Coastal Management SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: NC Department of Transportation Project Location: Approx. 3 miles W. of Bonner Bridge; Project site w/in Pamlico Sound, Dare Co. Proposed Project: B-2500 SAV Mitigation; Wave break structure Please indicate below your agency's position or viewpoint on the proposed project and return this form by 11/20/15 to Cathy Brittingham, 1617 Mail Service Center, do DWR Wetlands Unit, Raleigh, NC 27699-1617. If you have any questions regarding the proposed project, please contact Greg Daisey at (252) 264-3901, ext. 249. When appropriate, in-depth comments with supporting data are requested. REPLY: This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED DATE - '''Nothing Compares State of North Carolina I Environmental Quality 1367 US Hwy 17 South I Elizabeth City,NC 27909 252-264-3901 i 252-264-3723[fax] An Equal Opportunity 1 Affirmative Action Employer PAT MCCRORY Governor w DONALD R. VAN DER VAART Environmental Secretary Quality November 2, 2015 MEMORANDUM TO: Tim Walton, Manager State Property Office FROM: Doug Huggett, Major Permits Processing Coordinator C/O Cathy Brittingham, Transportation Project Coordinator Division of Coastal Management SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: NC Department of Transportation Project Location: Approx. 3 miles W. of Bonner Bridge; Project site w/in Pamlico Sound, Dare Co. Proposed Project: B-2500 SAV Mitigation; Wave break structure Please indicate below your agency's position or viewpoint on the proposed project and return this form by 11/20/15 to Cathy Brittingham, 1617 Mail Service Center, do DWR Wetlands Unit, Raleigh, NC 27699-1617. If you have any questions regarding the proposed project, please contact Greg Daisey at (252) 264-3901, ext. 249. When appropriate, in-depth comments with supporting data are requested. REPLY: This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED DATE -.--" 'Nothing Compares. State of North Carolina I Environmental Quality 1367 US Hwy 17 South I Elizabeth City,NC 27909 252-264-3901 1252-264-3723[fax] An Equal Opportunity\Affirmative Action Employer litiC PAT MCCRORY DONALD R. VAN DER VAART Secretary Environmental Quality November 2, 2015 MEMORANDUM TO: Renee Gledhill-Early NC Department of Cultural Resources FROM: Doug Huggett, Major Permits Processing Coordinator C/O Cathy Brittingham, Transportation Project Coordinator Division of Coastal Management SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: NC Department of Transportation Project Location: Approx. 3 miles W. of Bonner Bridge; Project site w/in Pamlico Sound, Dare Co. Proposed Project: B-2500 SAV Mitigation; Wave break structure Please indicate below your agency's position or viewpoint on the proposed project and return this form by 11/20/15 to Cathy Brittingham, 1617 Mail Service Center, do DWR Wetlands Unit, Raleigh, NC 27699-1617. If you have any questions regarding the proposed project, please contact Greg Daisey at (252) 264-3901, ext. 249. When appropriate, in-depth comments with supporting data are requested. REPLY: This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED DATE 'Nothing Compares State of North Carolina I Environmental Quality 1367 US Hwy 17 South I Elizabeth City,NC 27909 252-264-3901 1252-264-3723[fax] An Equal Opportunity 1 Affirmative Action Employer PAT MCCRORY DONALD R. VAN DER VAART se,recur Environmental Quality November 2, 2015 MEMORANDUM TO: Patti Fowler, Shellfish Sanitation NC DIVISION OF MARINE FISHERIES FROM: Doug Huggett, Major Permits Processing Coordinator C/O Cathy Brittingham, Transportation Project Coordinator Division of Coastal Management SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: NC Department of Transportation Project Location: Approx. 3 miles W. of Bonner Bridge; Project site w/in Pamlico Sound, Dare Co. Proposed Project: B-2500 SAV Mitigation; Wave break structure Please indicate below your agency's position or viewpoint on the proposed project and return this form by 11/20/15 to Cathy Brittingham, 1617 Mail Service Center, do DWR Wetlands Unit, Raleigh, NC 27699-1617. If you have any questions regarding the proposed project, please contact Greg Daisey at (252) 264-3901, ext. 249. When appropriate, in-depth comments with supporting data are requested. REPLY: This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED DATE - 'Nothing Compares State of North Carolina I Environmental Quality 1367 US Hwy 17 South I Elizabeth City,NC 27909 252-264-3901 1252-264-3723[fax] An Equal Opportunity\Affirmative Action Employer PAT MCCRORY Governor w DONALD R. VAN DER VAART Sec retory Environmental Quality November 2, 2015 MEMORANDUM TO: Joey White, Public Water Supply Section NC DIVISION OF WATER RESOURCES FROM: Doug Huggett, Major Permits Processing Coordinator C/O Cathy Brittingham, Transportation Project Coordinator Division of Coastal Management SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: NC Department of Transportation Project Location: Approx. 3 miles W. of Bonner Bridge; Project site w/in Pamlico Sound, Dare Co. Proposed Project: B-2500 SAV Mitigation; Wave break structure Please indicate below your agency's position or viewpoint on the proposed project and return this form by 11/20/15 to Cathy Brittingham, 1617 Mail Service Center, do DWR Wetlands Unit, Raleigh, NC 27699-1617. If you have any questions regarding the proposed project, please contact Greg Daisey at (252) 264-3901, ext. 249. When appropriate, in-depth comments with supporting data are requested. REPLY: This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED DATE - "~-''Nothing Compares State of North Carolina I Environmental Quality 1367 US Hwy 17 South I Elizabeth City,NC 27909 252-264-3901 1252-264-3723[fax] An Equal Opportunity 1 Affirmative Action Employer PAT MCCRORY Governor M DONALD R. VAN DER VAART Environmental Secretary Quality November 2, 2015 MEMORANDUM TO: Ken Pace NC DOT, State Construction/Materials Branch FROM: Doug Huggett, Major Permits Processing Coordinator C/O Cathy Brittingham, Transportation Project Coordinator Division of Coastal Management SUBJECT: CAMA/DREDGE& FILL Permit Application Review Applicant: NC Department of Transportation Project Location: Approx. 3 miles W. of Bonner Bridge; Project site w/in Pamlico Sound, Dare Co. Proposed Project: B-2500 SAV Mitigation; Wave break structure Please indicate below your agency's position or viewpoint on the proposed project and return this form by 11/20/15 to Cathy Brittingham, 1617 Mail Service Center, c/o DWR Wetlands Unit, Raleigh, NC 27699-1617. If you have any questions regarding the proposed project, please contact Greg Daisey at (252) 264-3901, ext. 249. When appropriate, in-depth comments with supporting data are requested. REPLY: This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED DATE - ''''Nothing Compares. State of North Carolina I Environmental Quality 1367 US Hwy 17 South I Elizabeth City,NC 27909 252-264-3901 1252-264-3723[fax] An Equal Opportunity\Affirmative Action Employer PAT MCCRORY Governor NIZ. DONALD R. VAN DER VAART Secreta,V Environmental Quality November 2, 2015 MEMORANDUM TO: Travis Wilson NC Wildlife Resources Commission FROM: Doug Huggett, Major Permits Processing Coordinator C/O Cathy Brittingham, Transportation Project Coordinator Division of Coastal Management SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: NC Department of Transportation Project Location: Approx. 3 miles W. of Bonner Bridge; Project site w/in Pamlico Sound, Dare Co. Proposed Project: B-2500 SAV Mitigation; Wave break structure Please indicate below your agency's position or viewpoint on the proposed project and return this form by 11/20/15 to Cathy Brittingham, 1617 Mail Service Center, do DWR Wetlands Unit, Raleigh, NC 27699-1617. If you have any questions regarding the proposed project, please contact Greg Daisey at (252) 264-3901, ext. 249. When appropriate, in-depth comments with supporting data are requested. REPLY: This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED DATE 'Nothing Compares State of North Carolina I Environmental Quality 1367 US Hwy 17 South I Elizabeth City,NC 27909 252-264-3901 1252-264-3723[fax] An Equal Opportunity\Affirmative Action Employer ' IJ', PAT MCCRORY Governor w DONALD R. VAN DER VAART Environmental Secretary Quality November 2, 2015 MEMORANDUM TO: Chris Southerly/Nathan Henry Underwater Archaeology Branch, Ft. Fisher FROM: Doug Huggett, Major Permits Processing Coordinator C/O Cathy Brittingham, Transportation Project Coordinator Division of Coastal Management SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: NC Department of Transportation Project Location: Approx. 3 miles W. of Bonner Bridge; Project site w/in Pamlico Sound, Dare Co. Proposed Project: B-2500 SAV Mitigation; Wave break structure Please indicate below your agency's position or viewpoint on the proposed project and return this form by 11/20/15 to Cathy Brittingham, 1617 Mail Service Center, do DWR Wetlands Unit, Raleigh, NC 27699-1617. If you have any questions regarding the proposed project, please contact Greg Daisey at (252) 264-3901, ext. 249. When appropriate, in-depth comments with supporting data are requested. REPLY: This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED DATE ---Nothing Compares State of North Carolina I Environmental Quality 1367 US Hwy 17 South I Elizabeth City,NC 27909 252-264-3901 1252-264-3723[fax] An Equal Opportunity 1 Affirmative Action Employer PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary Environmental Quality November 2, 2015 MEMORANDUM TO: Donna Creef, Planning Director Dare County FROM: Doug Huggett, Major Permits Processing Coordinator C/O Cathy Brittingham, Transportation Project Coordinator Division of Coastal Management SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: NC Department of Transportation Project Location: Approx. 3 miles W. of Bonner Bridge; Project site w/in Pamlico Sound, Dare Co. Proposed Project: B-2500 SAV Mitigation; Wave break structure Please indicate below your agency's position or viewpoint on the proposed project and return this form by 11/20/15 to Cathy Brittingham, 1617 Mail Service Center, do DWR Wetlands Unit, Raleigh, NC 27699-1617. If you have any questions regarding the proposed project, please contact Greg Daisey at (252) 264-3901, ext. 249. When appropriate, in-depth comments with supporting data are requested. REPLY: This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED DATE - '"Nothing Compares -, State of North Carolina I Environmental Quality 1367 US Hwy 17 South I Elizabeth City,NC 27909 252-264-3901 1252-264-3723[fax] An Equal Opportunity 1 Affirmative Action Employer Britting ham, Cathy From: Herring, Kathy Sent: Friday, October 09, 2015 10:41 AM To: Huggett, Doug; Brittingham, Cathy; Daisey, Greg Cc: Rivenbark, Chris; Turchy, Michael A; Medlin, Kenneth N; Hernandez, Pablo A;Jason Hall (jhall@sepiengineering.com); 'jhales@sepiengineering.com';Wendee Smith (wsmith@sepiengineering.com) Subject: CAMA Permit signs Attachments: Figure 3_%Change for 10 Percent with Sign Locations.pdf; lst_installation.JPG; lst_one_in_NW_Corner jpg; At_Fishing_Centerjpg; SE_Corner.JPG; SW_Corner_bridge_Background.JPG; 2nd_sign_installed_NE cornerjpg; Bonner- Bridgejpg Good Morning all, Yesterday we were able to install 5 CAMA permit signs for the SAV mitigation in the Pamlico Sound at the following locations. One sign was installed in the Pamlico Sound at each of the four"corners" of the 57 acre area of the wave attenuation at the energy wave difference of 10%or greater: NW: 35.756502/-75.590505 NE: 35.756393/-75.584248 SW: 35.747077/-75.590765 SE: 35.746968/-75.584492 And one was placed at the Oregon Inlet Fishing Center. Water level in the Sound was 2-3 feet higher than normal due to the recent high NE wind event that occurred from 9/23/15 to 10/06/15. This allowed us to boat to all the areas. All signs installed in the Sound had reflective backs and the pvc poles were marked with reflective tape. Pictures attached. If you have any questions, please give me a call. Thanks! Kathy NCDOTPDEA Biological Surveys Group 1598 MSC Raleigh, NC 27699-1598 919-707-6128 - Office 919-971-4367—Cell Email correspondence to and from this sender is subject to the N.C.Public Records Law and may be disclosed to third parties. 1 35.756502, 0 35.756393, -75.590505 0 0 -75.584248 • 0 v o 0 0 0 0 0 0 0 0 0 0 0 ' : 0 o 0 0 0 0 0 0 0 0 0 0 0 0 Legend o ., {I Wave Shadow Estimate - ' u 4r 10% - 57Acres 0 0 0 0 0 0 0 v 0 0 0 0 0 0 0 0 0 0 Signage Installed 10/8/15 Jo 0 0 0 0 0 0 0 0 0 0 o c., o 0 0 0 0 0 0 0 0 0 0 0 0 .' ✓ v o 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 n o 0 0 0 0 0 0 0 0 0 0 0 0 o o O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 c, O 3 0 0 0 0 0 0 0 0 0 0 0 0 0 O O : O O O o 0 0 0 o o 0 0 o 0 o (, 0 0 n O o 0 0 0 0 0 o O 0 O 0 0 o c, - .. , . 0 0 o o o o o o o o o o o o o o c. P 0 v 0 0 0 0 0 0 0 0 0 0 O 0 O O U O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C 0 v 0 0 0 0 0 0 0 0 0 0 0 0 0 o C 00 0 0 0 0 0 0 0 0 0 0 0 0 0 o c O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o c • 0 0 0 Q 0 0 0 0 0 0 0 0 O O C ••0 0 0 0 0 0 0 0 0 0 0 O n 0 0 -_ .4000000000000 0 j, 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 3 , .. ., O O O 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 • 0 0 0 0 0 0 0 0 0 0 0 0 0 O v 0 0 0 0 0 0 0 0 0 0 0 0 0 0ill - 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3 0 0 0 0 0 0 0 0 0 0 0 Legend 0 0 0 0 0 0 0 0 0 0 0 a O 00000o0000c Change in Seagrass Cover o 0000000000 • 1.3%- 1.71% O 0000000 ^ • 1.72%-2.21% l o 0 0 0 0 0 0 0 0 0 0 • 222%-295% O 00000000 0 -0 • 2.96%-3.99% u v 0 000 000 • 49'0-5.349'a 0 0 0 0 0 0 0 0 0 0 0 • O c 000 00o 0 5.35%-7.98% 35.747077, -75.590765 �, 0 0 v v 0 0 35.746968, © 7.99%-11.62% D e• 0 0 0 0 0 0 0 -75.584492 • 11.63%-19.22% 00 000 00 - 500'wall o_o _ . 0 .0 .. .. aen Figure 3: Percent Change in Seagrass Cover for Representative Wave Energy Difference of 10% or Greater 0 STIP B-2500 BONNER BRIDGE ,. * SAV MITIGATION PLAN SEPI CSA 0 195 390 780 C (NOIN[[IIIMO S. 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'•` '-�-. --�4'R• a -� ,_..w • 41111, • tO aiP 411111k4,0 ../106 Miami II 014/111041*. 4110.1111110,0 # **4 • j V..1 36/ NIN11, ,. illIlooli,, . • Ph .k. -,. . . r S ` 1 - \* ; ' • \ I • • _ _ " _ •.,r„„� __ ,,. . > _ --ram- F ,w --, • r.: ..�i� it - r ., ._ `.� ,,sue--�;�'�' Brittingham, Cathy From: Herring, Kathy Sent: Thursday, October 08, 2015 6:08 AM To: Brittingham, Cathy; Hernandez, Pablo A Cc: Turchy, Michael A; Rivenbark, Chris; Daisey, Greg Subject: RE: Follow-up RE: CAMA permit signs for SAV mitigation site Only one boat, but yes, we'll get it done. Will send pics. Kathy From: Brittingham, Cathy Sent: Wednesday, October 7, 2015 5:15 PM To: Hernandez, Pablo A Cc: Turchy, Michael A; Rivenbark, Chris; Daisey, Greg; Herring, Kathy Subject: Follow-up RE: CAMA permit signs for SAV mitigation site Hello all, Based upon a discussion with Chris Rivenbark earlier today, it is DCM's understanding that NCDOT intends to take two boats tomorrow morning to the SAV mitigation site, and to place four pvc pipes with a laminated copy of the DCM placard attached to each, one at each of the four"corners" of the 57-acre mitigation site. After receiving this updated information, I conferred with DCM management to see if there is any flexibility if for some reason this task cannot be accomplished tomorrow. The response I got is that DCM sincerely hopes that NCDOT will be able to post all four"corners" as planned. We do think this is important for public information purposes. If for some reason NCDOT encounters difficulty tomorrow getting this done, then please let DCM know so that we can discuss next steps. But hopefully all will go well tomorrow! Good Luck, thank you, and be safe! Sincerely, Cathy Brittingham Cathy Brittingham,Transportation Project Coordinator N.C. Division of Coastal Management (919) 707-9149 phone cathy.brittingham@ncdenr.gov<mailto:cathy.brittingham@ncdenr.gov> Mailing Address: . c/o DWR Wetlands Unit 1617 Mail Service Center Raleigh, NC 27699-1617 Physical Address: 512 North Salisbury Street Archdale Building 12th Floor, Room 1204G Raleigh, NC 27604 1 Brittingham, Cathy From: Brittingham, Cathy Sent: Wednesday, October 07, 2015 11:45 AM To: Rivenbark,Chris; Herring, Kathy Cc: Daisey, Greg Subject: SAV Mitigation Plan page 2, Fishing Center signage Hello, I came across this when reading the mitigation plan, and am just passing it along as a friendly reminder. "....additional signage will be posted at Oregon Inlet Fishing Center." Thanks for your efforts on this, and good luck tomorrow Kathy! Be Safe! Cathy Cathy Brittingham, Transportation Project Coordinator N.C. Division of Coastal Management (919)707-9149 phone cathy.brittingham(a,ncdenr.gov Mailing Address: • c/o DWR Wetlands Unit 1617 Mail Service Center Raleigh,NC 27699-1617 Physical Address: 512 North Salisbury Street Archdale Building 12th Floor,Room 1204G Raleigh,NC 27604 Please visit www.nccoastalmanaqement.net to subscribe to Coastal Management's quarterly newsletter,the CAMAgram. E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties 1 Brittingham, Cathy From: Brittingham, Cathy Sent: Tuesday, October 06, 2015 6:14 PM To: Hernandez, Pablo A Cc: Turchy, Michael A; Rivenbark, Chris; Daisey, Greg; Herring, Kathy Subject: RE: CAMA permit signs for SAV mitigation site Hi Pablo, Thanks for seeking clarification. How to post signs in the open water of Pamlico Sound is certainly not one of our usual discussion topics. It is DCM's preference that the four corners of the mitigation site are posted, with a sign on each post. This would increase the likelihood that anyone from the public that uses this area would see the signs, or be able to find the site if they read the public notice. And it would help anyone who does physically visit the proposed site to better understand the limits of the work area. In addition to construction of the 500-foot long wavebreak structure,the mitigation plan also includes the potential for a restriction of public access to some or all of the 57 acre mitigation site for research purposes. This will include placement of wire mesh on the sound bottom in some areas to exclude predators such as rays from disturbing the SAVs. This could obviously have an impact on any commercial or recreational fishermen that use this area. That said,this is not a typical scenario, and if NCDOT considers it to be impractical to place a sign at each of the four corners of the mitigation site,then please let me and Greg know so that we can confer with our management to see if there is any flexibility. Thanks! Cathy Brittingham Cathy Brittingham,Transportation Project Coordinator N.C.Division of Coastal Management (919)707-9149 phone cathy.brittingham@ncdenr.gov Mailing Address: c/o DWR Wetlands Unit 1617 Mail Service Center Raleigh,NC 27699-1617 Physical Address: 512 North Salisbury Street Archdale Building 12d'Floor,Room 1204G Raleigh,NC 27604 Please visit www.nccoastalmanaqement.net to subscribe to Coastal Management's quarterly newsletter,the CAMAgram. E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties 1 r From: Herring, Kathy Sent:Tuesday, October 06, 2015 5:11 PM To: Hernandez, Pablo A<phernandez@ncdot.gov>; Daisey,Greg<Greg.Daisey@ncdenr.gov>; Rivenbark, Chris <crivenbark@ncdot.gov> Cc:Turchy, Michael A<maturchy@ncdot.gov>; Brittingham, Cathy<cathy.brittingham@ncdenr.gov> Subject: RE: CAMA permit signs for SAV mitigation site Greg and Cathy, I will defer to you. We had planned on putting a sign at either end of the structure location if that is ok. Kathy NCDOT PDEA Biological Surveys Group 1598 MSC Raleigh, NC 27699-1598 919-707-6128 - Office 919-971-4367—Cell From: Hernandez, Pablo A Sent: Tuesday, October 06, 2015 5:07 PM To: Daisey, Greg; Rivenbark, Chris Cc: Herring, Kathy; Turchy, Michael A; Brittingham, Cathy Subject: RE: CAMA permit signs for SAV mitigation site Also how many signs are to be installed? From: Hernandez, Pablo A Sent: Tuesday, October 06, 2015 5:06 PM To: Daisey, Greg; Rivenbark, Chris Cc: Herring, Kathy; Turchy, Michael A; Brittingham, Cathy Subject: RE: CAMA permit signs for SAV mitigation site Can someone clarify where/what is being delineated? Corners of the site or of the structure? From: Daisey, Greg Sent: Tuesday, October 06, 2015 4:53 PM To: Rivenbark, Chris Cc: Herring, Kathy; Turchy, Michael A; Hernandez, Pablo A; Brittingham, Cathy Subject: RE: CAMA permit signs for SAV mitigation site Chris— I have a previously scheduled appointment Thursday morning, so I will not be able to make the trip out to the SAV mitigation site. DCM does appreciate the use of PVC poles for placard placement and to delineate the four corners of the SAV mitigation site. Please contact me at 252-207-3656 at any point on Thursday morning/afternoon to answer any questions or if anything needs to be discussed. If at all possible please document the placement of the poles/placards with photographs. 2 Thank you for your time and please contact me at(252)264-3901 ext. 249 prior to Thursday with any questions or if I can be of anymore assistance. Greg Daisey Transportation Projects Field Representative NC Division of Coastal Management 1367 US Hwy 17 South Elizabeth City, NC 27909 252-264-3901, ext. 249 252-264-3723 (fax) E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Rivenbark, Chris Sent:Tuesday, October 06, 2015 2:11 PM To: Daisey, Greg<Greg.Daisev@ncdenr.gov> Cc: Herring, Kathy<mkherring@ncdot.gov>;Turchy, Michael A<maturchv@ncdot.gov>; Hernandez, Pablo A <phernandez@ncdot.gov> Subject: CAMA permit signs for SAV mitigation site Greg, Pablo thinks he can make the PVC poles work. He and Kathy plan to meet at the Oregon Inlet fishing center at 10am this Thursday morning if you're still available. Let us know if you have any questions. Chris Rivenbark I Eastern Regional Manager I Environmental Coordination & Permitting Group Natural Environment Section I PDEA I N.C. Department of Transportation (919)707-6152 office I (919) 212-5785 fax I crivenbark@ncdot.gov Email correspondence to and from this sender is subject to the N.C.Public Records Law and may be disclosed to third parties. 3 Brittingham, Cathy From: Daisey, Greg Sent: Monday, October 05, 2015 1:31 PM To: Rivenbark,Chris Cc: Brittingham, Cathy;Turchy, Michael A; Huggett, Doug Subject: RE: Placard Notice for SAV Mitigation Chris— After internal discussions regarding the posting of placards at the SAV mitigation site, DCM would suggest using a PVC pipe/post/stake with a laminated placard attached.The writing of contact information that you have suggested sounds like a good idea, if possible. DCM also recommends attaching some type of reflective tape to the portion of the PVC that is above NWL for better visibility. Thank you for your time and please contact me at (252)264-3901 ext. 249 with any questions or if I can be of anymore assistance. Greg Daisey Transportation Projects Field Representative NC Division of Coastal Management 1367 US Hwy 17 South Elizabeth City, NC 27909 252-264-3901,ext. 249 252-264-3723 (fax) E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Rivenbark, Chris Sent: Monday, October 05, 2015 7:51 AM To: Daisey, Greg<Greg.Daisey@ncdenr.gov> Cc: Brittingham, Cathy<cathy.brittingham@ncdenr.gov>;Turchy, Michael A<maturchy@ncdot.gov> Subject: RE: Placard Notice for SAV Mitigation Good morning Greg, I've picked up two stakes, similar to those we normally use for posting CAMA placards only larger and longer. Cathy may have mentioned that we had thought about writing brief info such as"CAMA permit applied for, Contact Greg Daisey at..." on the stakes themselves so if/when the placards blow off, there still would be something for the public to see. We had planned to post a placard at both ends of the proposed site. With that said, if you come up with another idea we will go that route instead. Thank you for getting this on public notice so quickly and let us know how to proceed with posting the placards. Chris Rivenbark 1 NCDOT-Natural Environment Section (919) 707-6152 From: Daisey, Greg Sent: Friday, October 02, 2015 3:41 PM To: Rivenbark, Chris Cc: Brittingham, Cathy Subject: Placard Notice for SAV Mitigation Chris— Attached is the placard to be posted at the SAV mitigation site.A hardcopy is being mailed. At this time, DCM is still having internal discussions on the appropriate method/manner of posting the placard at the actual mitigation site. Thank you for your time and please contact me at(252)264-3901 ext. 249 with any questions or if I can be of anymore assistance. Greg Daisey Transportation Projects Field Representative NC Division of Coastal Management 1367 US Hwy 17 South Elizabeth City, NC 27909 252-264-3901, ext. 249 252-264-3723 (fax) E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. Email correspondence to and from this sender is subject to the N.C.Public Records Law and may be disclosed to third parties. 2 Brittingham, Cathy From: Rivenbark, Chris Sent: Thursday,October 01, 2015 1:14 PM To: Daisey, Greg; Brittingham, Cathy Cc: Al-Ghandour, Majed N; Chapman, Amy; Fritz Rohde - NOAA Federal; garyjordan@fws.gov;Jennings, Jerry D; Keith Hanson; Koch, Thomas K; Carpenter,Kristi; Mellor, Colin; Staley, Mark K; Staples, Shane;Thomas, Roger D;Tracey Wheeler (Tracey.L.Wheeler@usace.army.mil);Wilson, Travis W.; Twisdale,John W;Ward, Garcy; Wilkins, Ronald B;Willis, Thomas C; Feulner, Brett M; Griffin, Randy W; Paugh, Leilani Y; Weatherford, Morgan D; Turchy, Michael A; McCann, Nora A Subject: Permit modification request for B-2500, Dare County The CAMA permit modification request for B-2500 has been prepared. The electronic copy can be viewed/downloaded at https://xfer.services.ncdot.gov/pdea/PermApps/B-2500/ Hard copies have been submitted to the N.C. Division of Coastal Management. Chris Rivenbark I Eastern Regional Manager I Environmental Coordination & Permitting Group Natural Environment Section I PDEA I N.C. Department of Transportation (919) 707-6152 office I (919) 212-5785 fax I crivenbark@ncdot.gov Email correspondence to and from this sender is subject to the N.C.Public Records Law and may be disclosed to third parties. 1 Brittingham, Cathy From: Paugh, Leilani Y Sent: Wednesday, September 30, 2015 6:44 PM To: Brittingham, Cathy; Huggett, Doug Cc: Herring, Kathy; Rivenbark, Chris;Weatherford, Morgan D;Turchy, Michael A; Smyre, Elizabeth (esmyre@Dewberry.com);Yamamoto, Brian F; McCann, Nora A Subject: B-2500 SAV mitigation plan Attachments: 20150930_Bonner Bridge Mitigation Plan_Final_v2.pdf HI all Attached is the B-2500 SAV mitigation plan. It will be included in the permit modification application that will be sent tomorrow. Thanks LEILani Email correspondence to and from this sender is subject to the N.C.Public Records Law and may be disclosed to third parties. 1 Ce • 7.9 IV •rJ_ '; R� STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION BEVERLY EAVES PERDUE EUGENE A.CONTI,JR. GOVERNOR SECRETARY June 21,2012 Ms. Tracey Wheeler Mr. Stephen Lane U.S. Army Corps of Engineers N.C. Dept. of Environment and Natural Resources Regulatory Field Office Division of Coastal Management Post Office Box 1000 400 Commerce Avenue Washington,NC 27889-1000 Morehead City,NC 28557 Dear Madam and Sir: Subject: Application for Section 404 and Section 10 Individual Permit, Section 401 Water Quality Certification,and CAMA Major Development Permit for the proposed replacement of the Herbert C. Bonner Bridge over the Oregon Inlet on NC 12 from Hatteras Island to Bodie Island, Dare County, Federal Aid Projects BRNHF-0012 (48) and BRNHF-0012 (36),TIP B-2500 (Phase I). Debit$570.00 from WBS 32635.1.4. The North Carolina Department of Transportation (NCDOT), Division of Highways, in consultation with the Federal Highway Administration(FHWA), proposes to replace the existing Herbert C. Bonner Bridge(Bonner Bridge)and related approaches with a parallel 2.8 mile bridge to the west of the existing bridge. The purpose of this letter is to request approval for a Clean Water Act (CWA) Section 404 Individual Permit and a Section 401 Water Quality Certification, Rivers and Harbors Act(RHA) Section 10 Permit, and a Coastal Area Management Act (CAMA) Major Development Permit. In addition to the cover letter, this application package includes the following: ENG Form 4345, CAMA MP-1 and MP-5 Forms, permit impact drawings, Concurrence Point 4B and 4C meeting minutes, referenced correspondence, wetland mitigation plan, Section 7 Biological and Conference Opinion,casting yard exhibit,jetting setup exhibit, and half size roadway plans. 1.0 Purpose and Need The Bonner Bridge was built in 1962 and is approaching the end of its reasonable service life. Bonner Bridge is a part of NC 12 and serves as the only highway connection between Hatteras Island and Bodie Island. The replacement structure will serve the same function. As identified in the Record of Decision (ROD), the purposes of the proposed Project (B-2500, for which the Parallel Bridge Corridor with NC 12 Transportation Management Plan is the Selected Alternative) are to: • Provide a new means of access from Bodie Island to Hatteras Island for its residents, businesses, services, and tourists prior to the end of Bonner Bridge's service life. MAILING ADDRESS: TELEPHONE: 919-707-6100 LOCATION: NC DEPARTMENT OF TRANSPORTATION FAX: 919-212-5785 PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 1020 BIRCH RIDGE DRIVE 1598 MAIL SERVICE CENTER WEBSITE: WWW.NCDOT.ORG RALEIGH NC 27610-4328 RALEIGH NC 27699-1598 7.4.6. Site 6(Existing Bridge Demolition) This site consists of the existing Bonner Bridge between Hatteras Island and Bodie Island, between Sta. 56+40 and Sta. 172+10 RT. The impacts encompass the bridge pile windows (maximum horizontal extent of piles at the bed elevation extent of pile projection into the water) for the existing bridge. Impacts from demolition activities related to the removal of the existing bridge and its piles/foundations will include 0.31 acre of temporary disturbance(noted elsewhere as "fill"for lack of a more appropriate category) in CAMA wetlands and 2.45 acres of temporary surface water impacts. 7.4.7. Site 7(Roadway) Site 7 is located south of the National Park Service (NPS)campground entrance on Bodie Island, between Sta. 191+20 and Sta. 197+80. The wetland impacts occur on the east and west sides of the proposed alignment and are associated with roadway fill and ditch realignments. The impacts consist of 0.06 acre of fill in 404 (non-riparian) wetlands and 0.01 acre of excavation in 404 (non-riparian) wetlands. Additionally, there will be 0.13 acre of hand clearing in 404 (non- riparian) wetlands. The majority of the impacts at this site are west of the alignment, including all of the fill impacts. Excavation occurs only on the eastern side of alignment, due to the ditch relocation and tie-in at the relocated driveway pipe under the campground entrance road. Hand clearing impacts occur on both sides of the alignment. 7.4.8. Trestle Piles at Casting Yard Less than 0.01 acre of surface water will be impacted by the installation of 30 temporary pipe piles at the southern end of the barge dredge canal at the contractor's casting yard in Hyde County. These piles will support a temporary trestle to be used for loading pre-cast materials onto barges for transport to the bridge construction site. These piles will be removed when the casting yard is closed down by the contractor in 2015/2016. An attached drawing references the location and approximate layout of this trestle in the canal. Wetland impacts associated with this site are currently being permitted by the owner, as they are permanent and have independent utility from this application. Temporary piles permitted under this application will be removed from the site upon completion of the bridge. 7.5. Submerged Aquatic Vegetation SAV shading effects will total 2.66 acres from the proposed bridge. SAV areas totaling 1.38 acres will be un-shaded due to the removal of the existing bridge, with 1.28 acres of net impacts to be mitigated. Surface water impacts described above include direct impacts to SAV areas but do not include shading effects. 8.0 Protected Species The USFWS lists 13 federally protected species for Dare County as of the February 15, 2012 listing. The Atlantic sturgeon was listed by NOAA Fisheries effective April 6, 2012 (Table 5). 12 Brittingham, Cathy From: Brittingham, Cathy Sent: Wednesday, December 16, 2015 3:23 PM To: Walker, Michele (Michele.Walker@ncdenr.gov); Huggett, Doug (Doug.Huggett@ncdenr.gov); Goebel, Christine Subject: SELC Notice, B-2500 Phase I SAV mitigation plan, Major Modification issued Attachments: SELC notice.pdf; Exhibit 2 Reefmaker Ecosystem Units Design - Profile View revised.pdf Hello, Please find attached a notice to SELC providing a copy of the Major Modification issued to NCDOT on December 15, 2015 to construct a wave break structure and conduct subsequent study to serve as mitigation to offset potential loss of submerged aquatic vegetation (SAV) habitat during the construction of the replacement of the Herbert C. Bonner Bridge over Oregon Inlet on NC Highway 12 in Dare County, NC. Please also find enclosed a revised workplan drawing Figure 2 dated 12/3/15 submitted by NCDOT which replaces the previously submitted workplan drawing Figure 2. Please let me know if you have any questions or concerns. Sincerely, Cathy Cathy Brittingham,Transportation Project Coordinator N.C. Division of Coastal Management (919)707-9149 phone cathy.brittingham(c ncdenr.gov Mailing Address: • c/o DWR Wetlands Unit 1617 Mail Service Center Raleigh,NC 27699-1617 Physical Address: 512 North Salisbury Street Archdale Building 12th Floor,Room 1204G Raleigh,NC 27604 Please visit www.nccoastalmanaqement.net to subscribe to Coastal Management's quarterly newsletter,the CAMAgram. E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties 1 PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary Coastal Management ENVIRONMENTAL QUALITY BRAXTON DAVIS Director December 16, 2015 Mr. Derb Carter Southern Environmental Law Center 601 W. Rosemary St., Suite 220 Chapel Hill, NC 27516-2356 RE: N.C. Department of Transportation, Major Modification of CAMA Major Permit No. 106- 12, TIP No. B-2500, Phase I, Herbert C. Bonner Bridge Replacement on NC Highway 12 over Oregon Inlet, Dare County, NC, Dear Mr. Carter: In accordance with paragraph 4.c. of the Bonner Bridge Settlement Agreement, please find enclosed a copy of the Major Modification of CAMA Major Permit No. 106-12 that was issued on December 15, 2015 regarding the above referenced project. The Major Modification authorizes the N.C. Department of Transportation (NCDOT) to construct a wave break structure and conduct subsequent study to serve as mitigation to offset potential loss of submerged aquatic vegetation (SAV) habitat during the construction of the replacement of the Herbert C. Bonner Bridge over Oregon Inlet on NC Highway 12 in Dare County, NC. Please also find enclosed a revised workplan drawing Figure 2 dated 12/3/15 submitted by NCDOT which replaces the previously submitted workplan drawing Figure 2. Please feel free to contact me if you have any questions or would like additional information. I can be reached via e-mail at cathy.brittingham@yncdenr.gov or by telephone at (919) 707- 9149. Sincerely, Cathy Bri Ingham Transportation Project Coordinator Enclosures (2) CC: Doug Huggett, DCM Michele Walker, DCM Nothing Compares.` State of North Carolina I Environmental Quality I Coastal Management do DWR Wetlands Unit 11617 Mail Service Center I Raleigh,NC 27699-1617 919-707-9149 Britting ham, Cathy From: Brittingham, Cathy Sent: Tuesday, November 03, 2015 12:45 PM To: Walker, Michele (Michele.Walker@ncdenr.gov); Huggett, Doug (Doug.Huggett@ncdenr.gov) Cc: Goebel, Christine Subject: SELC Notice, B-2500 Phase I SAV mitigation plan field report Attachments: SELC notice B-2500 Phase I SAV plan.pdf; NCDOT B-2500 SAV MITIGATION FIELD REPT-10302015113418.pdf Hello, Please find attached a notice to SELC providing a copy of the N.C. Division of Coastal Management Field Investigation Report regarding the NCDOT request for authorization to construct a wave break structure and subsequent study to serve as mitigation to offset potential loss of Submerged Aquatic Vegetation (SAV) habitat during the construction of the replacement of the Herbert C. Bonner Bridge over Oregon Inlet on NC Highway 12 in Dare County, NC. A copy of the field report is also attached. Please let me know if you have any questions or concerns. Sincerely, Cathy Cathy Brittingham, Transportation Project Coordinator N.C. Division of Coastal Management (919)707-9149 phone cathy.brittingham@ncdenr.gov Mailing Address: c/o DWR Wetlands Unit 1617 Mail Service Center Raleigh,NC 27699-1617 Physical Address: 512 North Salisbury Street Archdale Building 12th Floor,Room 1204G Raleigh,NC 27604 Please visit www.nccoastalmanaqement.net to subscribe to Coastal Management's quarterly newsletter,the CAMAgram. E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties 1 PAT MCCRORY ;.•a Governor DONALD R. VAN DER VAART Secretary Environmental Quality November 3, 2015 Mr. Derb Carter Southern Environmental Law Center 601 W. Rosemary St., Suite 220 Chapel Hill,NC 27516-2356 RE: Notice of proposed development. Request from the N.C. Department of Transportation for a Modification of CAMA Major Permit No. 106-12, TIP No. B-2500, Dare County,NC. Dear Mr. Carter: In accordance with paragraph 4.c. of the Bonner Bridge Settlement Agreement, please find enclosed a copy of the N.C. Division of Coastal Management Field Investigation Report regarding the above referenced project. The N.C. Department of Transportation(NCDOT) is requesting authorization to construct a wave break structure and subsequent study to serve as mitigation to offset potential loss of Submerged Aquatic Vegetation (SAV) habitat during the construction of the replacement of the Herbert C. Bonner Bridge over Oregon Inlet on NC Highway 12 in Dare County,NC. Please feel free to contact me if you have any questions or would like additional information. I can be reached via e-mail at cathy.brittingham@ncdenr.gov or by telephone at(919) 707-9149. Sincerely, atti---d/9). Cathy Brittingham Transportation Project Coordinator Enclosure (1) CC: Doug Huggett, DCM Michele Walker, DCM ~•'`Nothing Compares 400 Commerce Ave.,Morehead City,NC 28557 Phone:252-808-28081 FAX:252-247-3330 An Equal Opportunity 1 Affirmative Action Employer-Made in part by recycled paper Brittingham, Cathy From: Brittingham, Cathy Sent: Wednesday, October 07, 2015 11:11 AM To: Huggett, Doug (Doug.Huggett@ncdenr.gov);Walker, Michele (Michele.Walker@ncdenr.gov); Goebel, Christine Subject: Notice to SELC, major modification request for B-2500, Permit No. 106-12 Attachments: SELC Notice SAV mitigation plan.pdf; B-2500 CAMA Modification October 1 2015.pdf; PN SAV mitigation plan.pdf Hello, The attached letter was sent by U.S. Mail with the referenced attachments to SELC. NCDOT is requesting authorization to construct a wave break structure and subsequent study to serve as mitigation to offset potential loss of Submerged Aquatic Vegetation (SAV) habitat during the construction of the replacement of Bridge No. 11 over Oregon Inlet on NC Highway 12 in Dare County, NC. Please let me know if you have any questions or concerns. Sincerely, Cathy Cathy Brittingham,Transportation Project Coordinator N.C. Division of Coastal Management (919)707-9149 phone cathy.brittingham@ncdenr.gov Mailing Address: do DWR Wetlands Unit 1617 Mail Service Center Raleigh,NC 27699-1617 Physical Address: 512 North Salisbury Street Archdale Building 12th Floor,Room 1204G Raleigh,NC 27604 Please visit www.nccoastalmanaqement.net to subscribe to Coastal Management's quarterly newsletter,the CAMAgram. E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties 1 North Carolina Department of Environmental Quality Pat McCrory Donald R. van der Vaart Governor Secretary October 6, 2015 Mr. Derb Carter Southern Environmental Law Center 601 W. Rosemary St., Suite 220 Chapel Hill, NC 27516-2356 RE: Notice of proposed development. Request from the N.C. Department of Transportation for a Modification of CAMA Major Permit No. 106-12, TIP No. B-2500, Dare County,NC. Dear Mr. Carter: Please find enclosed documents regarding the above referenced project in accordance with paragraph 4.c. of the Bonner Bridge Settlement Agreement. The N.C. Department of Transportation (NCDOT) is requesting authorization to construct a wave break structure and subsequent study to serve as mitigation to offset potential loss of Submerged Aquatic Vegetation (SAV) habitat during the construction of the replacement of Bridge No. 11 over Oregon Inlet on NC Highway 12 in Dare County, NC. The following documents are enclosed: (1) a copy of the public notice that was issued in The Coastland Times on October 4, 2015; and (2) the CAMA permit application. A copy of the N.C. Division of Coastal Management Field Investigation Report will be sent to you as soon as it is available. Please feel free to contact me if you have any questions or would like additional information. I can be reached via e-mail at cathy.brittingham@ncdenr.gov or by telephone at (919) 707-9149. Sincerely, Cathy Brittingham Transportation Project oordinator Enclosures (2) CC: Doug Huggett, DCM Michele Walker, DCM ATTN: DWR Wetlands,1617 Mail Service Center,Raleigh,NC 27699-1617 Internet:www.nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer—Made in part by recycled paper • ""This is a word processing form to be completed In Microsoft Word"' 1 NC Division of Coastal Management Major Permit Application Computer Sheet (11/Ot ) Applicant:NCDOT Date: 10/30/2015 Project Site County:Dare Staff: Greg Daisey District: Egi Elizabeth City ❑Washington ['Morehead City ❑Wilmington Project Name:8-2500 Phase I, SAV Mitigation,Pamlico Sound, Rover File:35°45'03.54"N 75°35'11.99°W Dare Co. Date of initial application`aUbmitfal(EX: 1/8/2007) 10/01/2015 Date application"received as complete"in the Field office(EX: 1/8/2007): 10/01/2015 Permit Authorization:❑CAMA DDredge& Fill ®Both • SITE DESCRIPTION/PERMIT INFORMATION PNA: ['Yes No Photos Taken: Yes® NoE Setback Required(riparian): El Yes ®No Critical Habitat:❑Yes ❑No ZNot Sure 15 foot waiver obtained:❑Yes ®No Hazard Notification Returned: ®Yes ❑No SAV:®Yes ❑No ❑Not Sure Shell Bottom: ❑Yes ❑No ® Not Sure Temporary Impacts: ❑Yes No Sandbags: ❑Yes ®No ❑ Not Sure Did the land use classification come from Mitigation Required(optional): county LUP:®Yes ❑No ['Yes ❑No Moratorium Conditions: ❑Yes ❑No Environmental Assessment Done: ®NA DYes ❑No®NA SECONDARY WATER CLASSIFICATION-OPTIONAL(choose MAX of 4) ❑ Future Water Supply(FWS) ❑ Nutrient Sensitive Waters(NSW) ❑ Swamp Waters(SW) ® High Quality Waters(HOW) ❑ Outstanding Resource Waters(ORW) WETLANDS IMPACTED ❑ (404)Corp. of Engineers(Jurisdictional ❑ (LS)Sea lavender(Limonium sp.) ❑ (SS)Glasswort(Salicornia sp.) wetlands) ❑ (CJ)Saw grass(Cladium jamaicense) ❑(SA)Salt marsh cordgrass(Spartina ❑ (SY)Salt reed grass(Spartina alterniflora) cynosuroides) ❑ (DS)Salt or spike grass(Distichlis 0 (SC)Bullrush or three square(Scirpus ❑ (TY)Cattail(Typha sp.) spicata) sp.) ❑ (JR)Black needlerush (Juncus ❑(SP)Salt/meadow grass(Spartina roemerianus) patens) APPLICATION FEE ❑ No fee required-$0.00 ❑ Ill(A)Private w/D&F up to 1 acre;3490 ❑ 111(D)Priv.public or comm w/D&F to 1 can be applied-$250 acre;3490 cant be applied-$400 ❑Minor Modification to a CAMA Major ❑ Major Modification to a CAMA Major Z iV Any development involving D&F of permit-$100 permit -$250 more than 1 acre-$475 ❑ Permit Transfer-$100 ❑ 1ii(B)Public or commercial w/D&F to 1 ❑ Express Permit-$2000 acre;3490 can be applied-$400 ❑ Major development extension request- ❑ II. Public or commercial/no dredge $100 and/or fill-$400 ❑ 1. Private no dredge and/or fill-$250 ❑ III(C)Priv.public or comm w/D&F to 1 acre;3490 can be applied;DCM needs 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised: Nov. 2012 , C Division of Coastal Mgt. Application Computer Sheet, Page 2 of 4) DWQ agreement-$400 revised Ilov.2012 - C Division of Coastal Mgt. Application Computer Sheet, Page 3 of 4) Applicant:NCDOT:B-2500, Phase I, SAV Mitigation Date: 10/30/2015 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order,and units of measurement found in your Activities code sheet. TYPE REPLACE Activity Name Number Choose Choose Dimension I Dimension 2 Dimension 3 Dimension 4 One One I _ Wave Break 1 New Work® " Replace 500' 5' Maint❑ ❑ Y ®N New Work❑ Replace Maint❑ ❑ Y ❑N New Work❑ Replace Maint❑ ❑ Y ❑N New Work❑ Replace Maint❑ ❑ Y ❑ N New Work❑ Replace Maint❑ ❑ Y ❑N New Work❑ Replace Maint❑ ❑ Y ❑N New Work❑ Replace Maint❑ ❑ Y❑N • New Work❑ Replace • Maint❑ ❑ Y ❑N • New Work❑ Replace Maint❑ ❑ Y ❑N New Work❑ Replace Maint❑ ❑ Y ❑ N New Work❑ Replace • Maint❑ ❑ Y ❑N New Work❑ Replace Maint❑ ❑ Y ❑N New Work❑ Replace Maint❑ ❑ Y ❑N New Work 0 Replace Maint❑ ❑ Y ❑N New Work 0 Replace Maint❑ ❑ Y ❑N New Work❑ Replace Maint❑ ❑ Y ❑N New Work❑ Replace Maint❑ ❑ Y ❑N New Work❑ Replace Maint❑ ❑ Y ❑ N New Work❑ Replace Maint❑ ❑ Y ❑ N New Work❑ Replace Maint❑ ❑ Y ❑N New Work❑ Replace Maint❑ ❑ Y ❑N revised Nov.2012 NC Division of Coastal Mgt. Application Computer Sheet, Page 3 of 4) Applicant:NCDOT:B-2500,Phase I, SAV Mitigation Date: 10/30/2015 Describe below the HABITAT disturbances for the application. All values should match the name,and units of measurement found In your Habitat code sheet. TOTAL Sq. Ft. FINAL Sq. Ft. TOTAL Feet FINAL Feet (Applied for. (Anticipated final (Applied for. (Anticipated final DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. Habitat Name Choose One includes any Excludes any total includes Excludes any anticipated restoration any anticipated restoration and/or restoration or and/or temp restoration or temp impact temp Impacts) impact amount) temp impacts) amount) Open Water Dredge CI Fi!!® Both CI Other ❑ 2,500 2,500 Dredge❑ Fill❑ Both ❑ Other ❑ Dredge❑ Fill❑ Both ❑ Other ❑ Dredge❑ Fill❑ Both ❑ Other ❑ Dredge❑ Fill❑ Both ❑ Other El Dredge❑ Fill❑ Both ❑ Other ❑ Dredge❑ Fill❑ Both ❑ Other ❑ Dredge❑ Fill❑ Both ❑ Other ❑ Dredge❑ Fill❑ Both ❑ Other ❑ Dredge❑ Fill❑ Both ❑ Other ❑ Dredge❑ Flil❑ Both El Other ❑ Dredge❑ Fill❑ Both ❑ Other ❑ Dredge El Fill❑ Both ❑ Other ❑ Dredge❑ Fill❑ Both ❑ Other ❑ Dredge❑ FIII❑ Both Cl Other ❑ 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised: Nov. 2012 DOT PERMIT FEE BILLING REQUEST Date: 11/25/15 To: Melissa Sebastian CC: Greg Daisey From: Cathy Brittingham Transfer Amount: $475.00 Project Description: Final STIP B-2500 Bonner Bridge Phase I SAV Mitigation Plan dated September 2015, including the construction of a wavebreak structure that is approximately 500-foot long x 4.8 feet wide in Pamlico Sound approximately 3 miles southwest of Oregon Inlet. Project Location: Dare County. DCM Permit Type and Number: Major Modification, CAMA Major Permit No. 106-12 Fee Division if Applicable: (record amounts to be split with DWR, if applicable) DCM: 60% DWR: 40% WBS Element Number: 32635.1.3 Brittingham, Cathy From: Daisey, Greg Sent: Friday, October 02, 2015 3:41 PM To: Rivenbark,Chris Cc: Brittingham, Cathy Subject: Placard Notice for SAV Mitigation Attachments: Placard SAV Mitigation BridgeNo.11.pdf Chris— Attached is the placard to be posted at the SAV mitigation site.A hardcopy is being mailed. At this time, DCM is still having internal discussions on the appropriate method/manner of posting the placard at the actual mitigation site. Thank you for your time and please contact me at (252)264-3901 ext. 249 with any questions or if I can be of anymore assistance. Greg Daisey Transportation Projects Field Representative NC Division of Coastal Management 1367 US Hwy 17 South Elizabeth City, NC 27909 252-264-3901, ext. 249 252-264-3723 (fax) E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. i ET `)cT,0N o� Iti � STvt CANIA PERMIT APPLIED FOR K s i����v r t -5 Q�F,�r y PROJECT: caNs �'F SEE- ToS .,E A /v\tTi i vN1 j72 Q SST Pc F�T11�f_ t- s of SuMee.GED k\6N a„A-ric_ EGET-kilo:.J (SAW ) I !TAT Due)N(, UFT RePi-Ar of )..1O. CXEC,oN JK)LE"r 6).) F}-w 10 )n1 D1keE \AfesT of e msT,*4 P 1� MI6 F2 ,tco ll. /ND(35.7.Sobyo1-1 J , "75.54;k/10(04)) COMMENTS ACCEPTED A THROUGH r° 1a� 1010) OUG APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: 1�G �}2TMF T oF'MAN S PoeT/-�Tlo� D)vi5lot.1 CCk5-r-AvL MA A(-)E/d\FtiT 19-ja MNLSEe\i,c, CE.,.Te,L 1SG7 US F\v..y 17 S6. 1-1 Z'-�LFrG� ,KC 027691 EI-17A60 CIT� ,NC, 0/71io9 kTrN.1- E ci4 eD 1-14NCUGK ) 1F.&. (-)I?F[, Da1,E,1 619 - 707. (000v a5� a6y 3ci ` FAT.a`1°I Britting ham, Cathy From: Carver,Yvonne Sent: Friday, October 02, 2015 8:19 AM To: Daisey, Greg; Brittingham, Cathy Subject: FW: Public Notice - Submerged Aquatic Vegetation (SAV) Mitigation Plan Attachments: SAV Mitigation Plan Bridge No 11_CoastTimes_Public Notice.docx Confirmation received on public notice request. yvanne 13. Caweit Administrative Assistant NC Division of Coastal Management 1367 US Hwy 17 South Elizabeth City, NC 27909 252-264-3901, ext. 231 252-264-3723 (fax) E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From:Susan M. Simpson/The Coastland Times [mailto:legals@thecoastlandtimes.net] Sent:Thursday, October 01, 2015 6:08 PM To: Carver,Yvonne<yvonne.carver@ncdenr.gov> Subject: Re: Public Notice -Submerged Aquatic Vegetation (SAV) Mitigation Plan Yvonne, This notice has been scheduled to run in the issue of Sunday, October 4, 2015. Thank you. Susan Susan M. Simpson The Coastland Times Times Printing Co., Inc. PO Box 400 Manteo,NC 27954 252-473-2105 phone 252-473-1515 fax i