20110023_Information Letter_20090917

North Carolina Department of Transportation
NEPA/Section 404 Merger Meeting
September 17, 2009
NC 12 Replacement of Herbert C. Bonner Bridge
(Bridge No. I I) over Oregon Inlet
Federal-Aid Project No. BRS-2358(15)
WBS No. 32635
TIP Project No. B-2500
Dare County
Mej
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n°k Per"-
B-2500 Merger Team Meeting
September 17, 2009
Transportation Building Board Room
Agenda
Part 1: Mitigation Issues
10:30am-12:00pm
• Phase I Wetland Impacts
o See attached impact summary table (Attachment A).
Please be prepared to discuss specific impact types/amounts and appropriate or
recommended mitigation, including onsite mitigation, existing mitigation assets,
potential measures on Park Service property, and other mitigation.
Phase I SAV impacts
o See attached impact summary and figure (Attachment A).
Please be prepared to discuss impact types/amount and appropriate mitigation,
including onsite mitigation and off site/out-of-kind measures.
Part 2: Draft Preferred Alternative Partnership Agreement
1:00-3:OOpm
FHWA and NCDOT have developed a draft Partnership Agreement that stipulates
how decisions on future phases of the project will be made. The draft agreement
is included in Attachment B and currently includes all agencies represented on the
merger team. Please review the draft agreement and be prepared to discuss any
initial comments.

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RoadCondidon arcs
® hydro24k-Poly
Current NC 12 Alignment
Proposed NC 12 Alignment

Proposed Bridge Replacement of NC 12 over Oregon Inlet'
Submerged Aquatic Vegetation Surveys June 22-24, 2009
TIP B-2500 Dare County °'°
Draft PA for B-2500
9/8/2009
PARTNERSHIP AGREEMENT
AMONG
THE FEDERAL HIGHWAY ADMINISTRATION,
UNITED STATES FISH AND WILDLIFE SERVICE,
UNITED STATES NATIONAL PARK SERVICE
UNITED STATES ARMY CORPS OF ENGINEERS,
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL
RESOURCES,
AND
THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
FOR
THE REPLACEMENT OF HERBERT C. BONNER BRIDGE (BRIDGE NO. 11)
ON NC 12 OVER THE OREGONINLET
DARE COUNTY, NORTH CAROLINA 4'y,,
+a `w:rr;n
TIP PROJECT B-250Q,
FEDERAL AID PROJECT; BR92358(1
WHEREAS, the Federal Highway Administration (',FHWA"),'North Carolina Division;
the U.S. Fish and Wildlife Service ("USFWS"); the National Park Service (NPS) the
North Carolina Department ofTranspo tation ("NCDOT");",the U.S. Army Corps of
Engineers ("USACE"); and the North' CaiolitiavDcpartment of•Env`ironment and Natural
Resources ("NCDENR") (collectively the parties?-); shave determined that replacement
of Bonner Bridge is necessary to a4` 41;
• Provide a new, means of access from Bodie Island to Hatteras Island for its residents,
businesses,,servtllnz and touiists prior to the,end of Bonner Bridge's service life.
• Provide a-replacement. cross mg•that,takes'into account natural channel migration
expected thiough,year 2030 and provides the flexibility to let the channel move.
;`Provide a replacement,crossiiig that will not be endangered by shoreline movement
thiopgh year 2050; ti., l 41
4
and
WHEREAS,
This Partnership Agreement (PA) sets forth the cooperative policies and procedures that
will guide the parties to manage the NC 12 highway corridor within the Pea Island
National Wildlife Refuge ("the Refuge") through the year 2050. The parties agree to
work cooperatively as outlined in this PA to maintain a safe public road across the refuge
in a manner that avoids, minimizes, and/or mitigates all adverse impacts to the refuge;
and
WHEREAS, A Final Environmental Impact Statement (FEIS) and Environmental
Assessment (EA) have identified the preferred alternative -- the Parallel Bridge/NC 12
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Draft PA for B-2500
9/8/2009
Transportation Management Plan -- and its impact on the human and natural
environment; and
WHEREAS, NCDOT and FH WA propose to proceed with the construction of Phase I of
the Parallel Bridge/NC 12 Transportation Management Plan alternative as soon as
possible. Phase I of the Parallel Bridge/NC 12 Transportation Management Plan
alternative consists of a parallel replacement bridge structure on the west side of the
existing Bonner Bridge in the immediate vicinity of Oregon Inlet. The Parallel
Bridge/NC 12 Transportation Management Plan includes a phased-decision making
process developed to address the dynamic and changing environment across the length of
the study area corridor through the year 2050 for which the undertakings are planned; and
WHEREAS, the parties have worked together to
WHEREAS, the Environmental Protection F
and the State Historic Preservation Office (SI
of this PA and have been invited to concur in
participated
Service,
WHEREAS, concurrence in this PA indicates that
consideration by the signatories. Ii,_
NOW, THEREFORE, the parties agre
FHWA's Record of Decision, including;
accordance with the following principles
following authorities as,
isted'below.
views were taken into
ject alternative to be selected in the
ases shall=be administered in
ionssm accordance with the
The authorities.-,-for-,this PA,iiiclude;'bi txaie.noflimited to, the following:
A. Variobus Federal Aid Highway};Aetss,•?included those codified at 23 U.S.C. §§ 101, 107,
138166 204 & 317 ki\ nY"
B. National Wildlife Refige;System Administration Act of 1966, as amended (16 U.S.C.
668dd-668ee)
C. "Interagency Agreement between the U.S. Fish and Wildlife Service and the Federal
Highway Administra ion Relating to Public Roads on the National Wildlife Refuge
System," April 12, 1999
D. National Environmental Policy Act of 1969 (Pub.L. 91-190, 83 Stat. 852), as amended
(42 U.S.C. 4321 et seq.)
E. Title IV of the Intergovernmental Cooperation Act of 1968 (Pub. L. 90-577; 82 Stat.
1098), as amended (31 U.S.C. 6501 et seq.)
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Draft PA for B-2500
9/8/2009
F. Federal Grants and Cooperative Agreement Act of 1977 (Pub.L. 95-224; 92 Stat. 3), as
amended (31 U.S.C. 6301 et seq.)
G. Executive Order 13352, "Facilitation of Cooperative Conservation," August 30, 2004
1. AGENCY RESPONSIBILITIES
A. The FHWA is responsible for working with the States to provide the public with a
safe and efficient National Highway System. FHWA is, alsotresponsible for
administering grants-in-aid of public roads, including.r`e'fuge roads and Scenic
. 09"
Byways. The section of NC 12 within the refuge is:apubhc road that is part of
the National Highway System and it is a Scenic Byway. 'As part of its grant
administration responsibilities, FHWA must,eiisure that the`sc'enic beauty of the
refuge is preserved by minimizing and/or mitigating all unavoidable harm to the
refuge caused by NC 12.
'J t r ..
B. The NCDOT is responsible for the design, cdn"struction and management of the
,.,.
highway system within North Carolina. The sectibn of NC 12 within the refuge is
part of North Carolina's highway?system and is identified as a Strategic Highway
Corridor (SHC). As a condition!off4edera I funding for'therreplacement of Bonner
Bridge, NCDOT will be required'•to cd"mply;w,ith the terms and conditions of
FHWA's Record of Decision for the project'." NQ understands that FHWA
will incorporate,.thig,Partnership Agreement into its Record of Decision for the
Bonner Bridgejeeplacemcnt project.
C. The USFWS is"re's'pons bl nfor the protection and management of lands and
resources-under itsyurisdtctton, andcissvitally interested in the maintenance of a
public refuge road system which will provide access for the protection, use and
{erjoyment ofNahonal WildlifeRefuge System areas and which will integrate
? n
0??-,wtth other transportation fd6i acilities.
D. The NPS.is responsible for national parks, a network of nearly 400 natural,
cultural I pKdxccrcational sites across the nation. The national parks have been set
aside by tJic,Amcrican people to preserve, protect, and share, the legacies of this
land.
E. The USACE is responsible for the regulation of impacts to the Waters of the
United States. This is includes the issuance of permits for compliance with
Section 404 of the Clean Water Act.
F. NCDENR is the lead stewardship agency for the preservation and protection of
North Carolina's outstanding natural resources. NCDENR issues Section 401
certifications for impacts to streams and wetlands in compliance with Section 404
of the Clean Water Act.
3-
Drafl PA for B-2500
9/8/2009
Il. MUTUAL AGREEMENTS
A. The parties recognize that action must be taken in the near future to address the
structural deficiencies of the existing Bonner Bridge which are outlined in Section
1.3.3 of the Final Environmental Impact Statement.
B. The parties recognize that the Refuge has been, and is expected to continue to be,
significantly affected by forces of nature that cannot be predicted with the degree
of certainty required to make prudent decisions today that would cover a period of
i y-one years to the future. A644t,
.1
C. The parties recognize that while a segment of NC_l'2"h6aily, 16 miles long was
studied as part of the Bonner Bridge replacemenf projcct,`IVCDOT will only seek
s" i w?rp
to implement "Phase Y'- as depicted in the conceptual plan appended to this PA -
at this time. No action will be taken at thysstimc to construct anyof?the build
alternatives studied for the project corridor; outside of Phase I. All'pai-ties
recognize that Phase I alone does notAmeetathe purpose and need ofthe project.
D. The parties agree to work cooperatively in furtherance ofNCDOT's expeditious
completion of the environmental;studies required tot' o
,-tai btain the approvals and
.m
permits required to begin construction of.Phase I as so`onias possible.
k ?:yB 4 en I°'
?? dluh <f?
E. The parties agree that the section o£NCr12 locateds,within the Refuge but outside
of the limits of Phase Iffier shall be maintained and managed under a separate
agreement between the'NCDOT and FWS.
F. The parties recognize a mutual responsibility to cooperate for the purpose of
preventing :and/or mitikatiig`Ayyadverse impacts to birds, fish and wildlife
caused tiy'PMsej of the Bonner Bridge replacement project, as well as any
Jampacts causedvbyx?the maintenance, and possible future relocations of portions, of
?NG( 12.
G. C The parties recogm`e that because a public road predated the establishment of the
r Rdugeahere is a utua responsibihty? o maintain the existence of a safe public
road. The parties"further recognize the FWS' authority to esignat red a file
conditions oerestrictions on the maintenance, and possible future relocations of
portions, of NC 12 in order to protect refuge resources.
H. The agencies concur that the remaining phases of work present substantial
challenges before the appropriate agencies will be satisfied in order to grant
applicable permit and approvals. It will be incumbent on NCDOT to provide the
necessary information designated under the.Auilrar ties-listed in this PA to the
permitting agencies to satisfy their needs before permits and approvals are
granted. At the time of permit application, all reasonable, practicable and feasible
alternatives will be considered and evaluated for each phase. This evaluation will
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Draft PA for B-2500
9/8/2009
include avoidance, minimization and compensatory mitigation considerations for
each selected alternative.
The Parties agree to meet as needed to discuss matters of mutual concern affecting
the development and implementation the NC 12 Management Plan for the
transportation system on the Outer Banks, or any other potential mutual benefit to the
Partners.
Through evaluation of the benefits and problems in implementing this PA, the parties
may determine whether the PA could serve as a model for other cooperative
programs and projects that affect the Partners and other transportation and
environmental agencies and groups.
FHWA and NCDOT will ensure that the ft
NC 12 Transportation Management Plan:
r..y rF
A. NCDOT will.fund and impld ement a m
,.?
study area whose particularss'would be
n in r+x
the Refuge, includmg•develop ment of
to the
ents of a i
related to:
carried out as part of the
bring program on Hatteras Island in the project
s,.
eloped in association with representatives of
lion-making criteria for translating monitoring
iith future phases. Planning for this monitoring
of physical construction of Phase 1.
will include gathering of data (at appropriate time
oinorphological characteristics (e.g., the width and elevation of the
height, shoreline position, and nearshore bathymetry);
• Relative distance from NC 12 to critical geomorphological features (e.g.,
shoreline, dune, estuarine shoreline)
• Storm events and associated NC 12 maintenance activities.
After each 5 year period, a report will be prepared that merges these data with that of
other geologic and biological datasets from other ongoing studies by others.
2. On an annual (or post-storm) basis, NCDOT will, in consultation with representatives of
the Refuge, identify from these data geomorphological trends relevant to a decision to
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Draft PA for B-2500
9/8/2009
move forward with future phases or refine their location. Areas will be identified
deserving of-extra scrutiny tamed during the annual consideration of
monitoring program findings and what they mean in terms of the timing and location of
the implementation of future phases. Based on past experience, warning signs could
include:
• A distance between the shoreline and the road of less than 650 feet (198 meters)
(650 feet is based on measurements of the landward extent of washover fans that
developed during Hurricane Isabel and should generally allow natural shoreline
processes to occur without notable effects on NC 12 operations);
• Areas with weak dunes (e.g., low dunes that lack
require higher levels of storm-related NC 12 man
the dune to NC 12, and the rate dunes may be ad
recognizes that the frequency of dune maintenance is
than 25 feet [7.6 meters] from the road)
;,rfi,?
• Increases in erosion rates over
• Increases in NC 12 storm-related
previous years.
• Determine the shoreline andF
'"A'
related maintenance tends t91
s.
Annual monitoring findings and NCDOT
planning, programmtng;:'and iinplementat
The conclusions niO be refiiRbased on
3. The FHWA and
quality of
biological
B. Compliance with the
Laws
in) that potentially
activity, proximity of
owards NC 12 (this
est when a dune is less
or aCttvuv over
the need for stonn-
tons o6',th`6i relation to future phase
I be reported to the Refuge for discussion.
input.
with the Refuge to develop the following
rd criteria, such as, (1) no loss to the quantity and
Dsed project activities and (2) maintenance of the
and environmental health of the Refuge.
t°eria based on monitoring and assessment of the appropriate
I geological processes and the status and trends of Refuge habitat,
and plants.
Environmental Policy Act (NEPA) and other Environmental
• Prior to any construction activity beyond Phase I, FHWA and NCDOT
will prepare any additional documentation that is required to comply with
NEPA and Section 4(f), as well as any other applicable environmental
laws, prior to taking any action.
-6-
Draft PA for B-2500
9/8/2009
• Prior to any construction activity beyond Phase 1, FHWA and NCDOT
will coordinate with all Signatory and Concurring Parties and comply with
Section 106 in accordance with the Section 106 Programmatic Agreement.
IV. AMENDMENTS
Should any of the Signatories believe that the terms of this PA cannot be carried out or
that an amendment to the terms must be made, that party(ies) shall: immediately consult
with the other party(ies) to develop an amendment. The amendmeut4will be effective on
the date a copy is signed by all of the original signatories. If:the signatories cannot agree
to appropriate terms to amend the PA, any signatory may?terhiinate the agreement.
n
Environmental conditions will be monitored for any changes priorgo permitting of
subsequent phases and the Parallel Bridge Corridor wifh,NC 12 Trarisportation
Management Plan may provide for any amendments that may result from environmental
changes and need for permits at those times.
V. DURATI
1.1 t7&A1 -.
This agreement shall be in effect until termmated in
Amendments, or until FHWA, in consukatiori`wrth'"l
Party(ies), determines that all phases of thi ?,projecY
upon the signature and,date ofall parties. jk,'d
:ordance;with Section IV.
other Signatory and Concurring
completed. This PA is effective
7-
Draft PA for B-2500
9/8/2009
SIGNATORIES:
By: Date:
??????
US Fish and Wildlife Service
By: Date:
National Park Service
By:
McClendon
United States Army Corps of Engineers
By:
Gibson
North Carolina
North
By:
Gibson
North Carolina
Natural Resources
Date:
By: Date:
Sullivan
Federal Highway Administration, North Carolina
8-
Draft PA for B-2500
9/8/2009
CONCURRING PARTIES:
By: Date:
xxx
Environmental Protection Agency
By: Date:
xxxx
NOAA -Fisheries
By: _
xxxx
Date:
N. C. Department of Cultural Resources, State Historic
4?%
tr
a-9-

DWQ Comments on B-2500 Draft Partnership Agreement
• Page 1 states this agreement covers activities related to NC 12 through 2050.
However, Section II(B) states that decisions today' would cover a period of 51 years.
The DWQ thinks the time frame should be 41 years, not 51.
• The DWQ believes that the term "prior" in Section II(E) is not necessary.
• The "Authorities" section states that the NCDENR is the lead agency for the
preservation of NC's outstanding natural resources and that we issue 401
certifications for impacts to streams and wetlands under the Clean Water Act. More
specifically, it is the Division of Water Quality that administers Section 401 of the
Clean Water Act. The DWQ is also given the authority to uphold any applicable state
statutes and/or laws that may applicable as well. We feel that the authorities section.
should be expanded to include any current or future state laws we are given the
authority to administer in addition to those in the Clean Water Act. While this issue is
somewhat addressed in Section II(H), the DWQ would also like to ensure that we will
have the ability to request any and all necessary information to make an informed
decision regarding any future permitting requests at with regards to the CWA as well
as at the state level.
• Section H(G) states that there is a "mutual responsibility" to maintain the existence of
a safe public road. It is not the responsibility of the DWQ or NCDENR to assure that
safe, public roads exist. That responsibility falls on the NCDOT and the FHWA. The
DWQ does not employ roadway engineers to determine what a "safe" road is.
However, the DWQ will work with the NCDOT and the FHWA as necessary to see
that construction and maintenance activities necessary to retain safe roads are
permitted in the purview of the DWQ.
• Section II(C) states that "Phase I alone does not meet the purpose and need of the
project." A crossing of Oregon Inlet by bridge, chiefly the replacement of the current
bridge, is part of the purpose and need. Therefore, the DWQ feels that implementing
Phase I of this project by itself will partially meet the purpose and need of the project;
however, it will not fully meet the purpose and need of the project.

Smyre, Elizabeth A
Page 1 of-2
-
From: [e-mail]
Sent: Thursday, October 15, 2009 9:23 AM
To: Smyre, Elizabeth A
Cc: Wrenn, Brian; Yamamoto, Brian F; Brittingham, Cathy; Coleman, Clarence; Cox, David R.;
Wainwright, David; Stewart, Dennis; Huggett, Doug; Jordan, Gary; Gregson, Jim; Hoadley,
Jim; Jennings, Jerry D; Matthews, Kathy; Murray, Mike; Militscher, Chris; Benjamin, Pete;
Gledhill-earley, Renee; Hanson, Robert P, Lucas, Ron; Sechler, Ron; Winslow, Sara;
McLendon, Scott; Broili, Thayer; Wilson, Travis W.; Barbour, Victor; Mabry, Virginia G;
Biddlecome, Bill; [e-mail]; [e-mail]
Subject: RE: Bonner Bridge CP 3 Amended Concurrence Form
Attachments: B-2500 CP 3 Amended Concurrence Form 10-13-09.doc
Beth,
I (the Refuge Manager of Pea Island NWR [FWS]) do not concur with the amended CP-3
document. I have specific concerns about the draft, but a basic issue is that this
amended LEDPA (preferred alternative) modifies a Merger Dispute Resolution Board
(MDRB) agreement that the FWS was not a party to and I, along with a number of
other Merger Team members, did not concur with the proposed LEDPA, which is why the
MDRB was activated to make the decision that resulted in "the MDRB agreement." I
can't agree now to an amendment of a decision that FWS did not concur with in the
first place. The amendment does not substantially change the preferred
alternative, i . e, " . . . there is no formally prescribed alternative for the remaining
phases of the project south of Oregon Inlet."
Bryant, Project Leader
Carolina Coastal Plain Refuges
P. O. Box 1969 (shipping: 708 N Hwy
64)
Manteo, NC 27954
office: 252-473-1131 ext. 222 cell: 252-
216-7505
ax: 252-473-1668
[e-mail]
El"Smyre, Elizabeth A" <[e-mail]>
"Smvre, Elizabeth To"Benjamin, Pete" <[e-mail]>, "Biddlecome,
A" Bill" <[e-mail]>,
<[e-mail]> "Brittingham, Cathy" <[e-mail]>,
"Broth, Thayer" <[e-mail]>, "Bryant, Mike"
10/14/2009 09:40 AM <mike [e-mail]>, "Coleman, Clarence"
<[e-mail]>, "Cox, David R."
<[e-mail]>, "Gledhill-earley, Renee"
<[e-mail]>, "Gregson, Jim"
<[e-mail]>, "Headley, Jim"
<[e-mail]>, "Huggett, Doug"
<[e-mail]>, "Jordan, Gary"
<[e-mail]>, "Lucas, Ron"
10/15/2009
i
-8-15vo.
Smyre, Elizabeth A
From: Ron Sechler [[e-mail]]
Sent: Wednesday, October 14, 2009 8:27 PM
To: Smyre, Elizabeth A
Subject: Concurrence Point 3 Bonner Bridge Meeting 10-15-09
Beth,
NOAA's NMFS has review your recent email regarding Bonner Bridge Replacement Project CP 3,
Least Environmentally Damaging Practical Alternative. There are several aspect of the
proposed CP 3 document that are problematic for NMFS and each is addressed below:
NCDOT Item 3 which reads, "Each of the alternatives within the Parallel Bridge Corridor
has been adequately assessed for impact to the natural and human environment."
NMFS does not agree with this statement as written. Impacts and mitigation for future
alternatives for NC 12 will require consultation at that time and we do not agree the
future impacts have been "adequately addressed"
NCDOT Item 4 which reads, "The best available science ......etc."
NMFS believes that the "best available science" today may not be adequate science in the
future. Decisions in the future can not be based on today's science but, must must be
"adequate" at that time to address the issues raise in future coordination on any specific
segment of the subject project.
NCDOT Item 6 which reads, "NCDOT and FHWA will pursue an additional formalized Partnership
Agreement with the USFWS and NPS ......etc".
NMFS supports direct coordination with the USFWS and NPS on the issues related to these
respective agencies. However, we believe that this approach should also provide an
opportunity for the other state and federal resources agencies to review and comment on
any Draft agreement between NCDOT, FHWA, USFWS and NPS before it is formalized. The
purpose of this review is to provide the "other agencies" assurance that their trust
resource and statutory authorities are not contravened by this agreement.
We will work with NCDOT to address the issued raised above. When these issues are
adequately addressed NMFS will sign a mutually agree upon CP
3 concurrence form. Thanks for the opportunity to provide these comments.
Ron Sechler
NOAA, National Marine Fisheries Service
Habitat Conservation Division
101 Rivers Island Road
Beaufort, North Carolina 28516
Phone: [phone]
Fax: [phone]
Email: [e-mail]
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