20110023_Meeting Minutes_20100108

Section 404/NEPA Merger Project Team Agreement
Concurrence Point No. 3 - Least Environmentally Damaging
Practicable Alternative (Amended)
Project No./TIP No./Name/Description: ?mgl I
Federal Project Number: 13RS-2358(15) AN l'tjltlli
WBS No. 32635
TIP Project Number: B-25011 fit=qt 4?s>',
Description: Replacement of the Herbert C. Bonner Bridge (Bridge No. 11) over "Yr a-
Oregon Inlet in Dare County
Least Environmentally Damaging Practicable Alternative:
"rhe following agreement serves as an amendment to the August 27, 2007 Merger Dispute
Resolution Board agreement and is based on discussions at merger team meetings held on
May 21, 2009 and September 17, 2009. On I 4 2oi o , the Merger Dispute
Resolution Board agrees with the following:
e Phase I of the project will be the construction of the replacement bridge over
Oregon Inlet within the Parallel Bridge Corridor as soon as possible.
o Phase 1 of the project does not meet purpose and need of the project, and thus
additional phases of work will be needed to meet purpose and need.
o NCDOT and FHWA have completed NEPA studies on a broad range of t ,
alternatives within the Parallel Bridge Corridor; these alternatives include
bridging, roadway relocation, and beach nourishment.
e Each of the Detailed Study Alternatives within the Parallel Bridge Corridor has
been adequately assessed for impacts to the natural and human environments..
e The best available science has been used to forecast shoreline erosion and
potential inlet formation locations. However, it is difficult to reasonably and
accurately predict future storm events and their magnitude, intensity, and
duration. Extensive coastal engineering studies have been completed to date.
Because of uncertainty regarding future storm events, additional coastal and
natural resource data will be collected and analyzed to evaluate the available
range of alternatives for future phases.
At this time, there is no formally prescribed alternative for the remaining phases
of the project south of Oregon Inlet. One or more of a combination of options,
drawing from the alternatives previously studied, as well as any other alternatives
determined at the time to be reasonable, practicable and feasible, will be
evaluated, designed, and finalized prior to the implementation of actions beyond
Phase 1. Any option will be evaluated and selected with multi-agency input and
concurrence as part of the Merger Process. The agencies do agree that permits
will not be granted for the remaining phases of work until their applicable laws
and regulations have been satisfied.
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8-2500 Concurrence Point 3 (Amended)
NCDOT and FHWA will pursue an additional formalized Partnership Agreement
with the USFWS and NPS to develop protocols and long-term strategies to follow
prior to the implementation of future phases of the project.
NCDOT and FHWA will reconvene the merger team when the data collected as
part of the coastal and natural resource monitoring indicate that action on a future
phase should occur.
This amendment does not change the intent of the original August 27, 2007
Merger Dispute Resolution Board agreement beyond the understanding that the
Phased Approach/Rodanthe Bridge Alternative is no longer considered and
identified in the Record of Decision (ROD) as the LEDPA.
The signatures of the sponsor agencies below signify agreement to the above points:
Manly Wilder,
Chief Deputy Secretary, North Carolina Department of Environment and Natural
Resources
G? J
ferry Gibson
State 1-1ighway Admi ist • tor, North Carolina Department of Transportation
ZI
d-V-
j,S. Kenneth Jolly,
Chief, Regulatory Division, Wilmington District, United States Army Corps of Engineers
Edward'l'. Parker,
Assistant Division Administrator, Federal Highway Administration- North Carolina
j?4ision
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