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Home My WebLink About20110023_Information Letter_20081229'6 ?A n d??6 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F EASLEY GOVERNOR December 9, 2008 Mr Mike Bryant Pea Island National Wildlife Refuge Post Office Box 1969 Manteo, North Carolina 27954 o? a?N 2 ? ??.? zoo .??fq?FRO? 8 LYNDo TIPPETT SECRETARY Subject Special Use Permit Issued by the Pea Island National Wildlife Refuge for the Groin/ Revetment at Oregon Inlet, Dare County, North Carolina Reference: U.S. Fish and Wildlife Service Special Use Permit, issued June 20, 1989. Dear Mr Bryant In the above referenced permit for the Construction of the Terminal Groin and Revetment at Oregon Inlet issued by the Pea Island National Wildlife Refuge, it states, "The purpose of these actions is to stop the southward migration of the northern portion of Pea Island to protect the southern segment of the existing Herbert C Bonner bridge and its southern approach of North Carolina Highway 12 " In addition, condition number 16 indicates, "(16) All or any part of this permit may be suspended or terminated by the Regional Director for failure to comply with any or all terms and conditions of the grant, or for abandonment A rebuttable presumption of abandonment is raised by deliberate failure of the holder to use for any continuous 2 -year period the permit for the purpose for which it was granted or renewed In the event of noncompliance or abandonment, the Regional Director will notes in writing the permittee of his intention to suspend or terminate such grant 60 days from the date of the notice, stating the reasons therefore, unless prior to that time the permittee completes such corrective actions as are specified in the notice The Regional Director may grant an extension of time within which to complete corrective actions when warranted, in his judgment, by extenuating circumstances not within the permittee s control, such as adverse weather conditions, disturbance to wildlife during breeding periods or periods of peak concentration, or other compelling reasons Failure to take corrective action within the 60-day period will result in a determination by the Regional Director to suspend or terminate the permit No administrative proceeding shall be required where the permit terminates under its terms " MAILING ADDRESS TELEPHONE 919-733-3141 LOCATION NC DEPARTMENT OF TRANSPORTATION FAX 919 715-1501 TRANSPORTATION BUILDING PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 1 SOUTH WILMINGTON STREET 1598 MAIL SERVICE CENTER WEBSITE WWW DOH DOT STATE NC US RALEIGH NC RALEIGH NC 27699-1598 It is the Department's interpretation of condition (16) that, after the existing Bonner Bridge has been removed from service for at least two years, the USFWS could determine this to be abandonment In this case, the Regional Director [of the US Fish and Wildlife Service] can send a notice informing NCDOT of their [USFWS] intent to terminate the permit on the basis of abandonment This action would then require the removal of the groin and restoration of the land to its original condition, unless otherwise waived by the Regional Director As outlined in a letter from the US Army Corps of Engineers dated September 18, 2008, (see attached letter) the Corps identifies the need for the groin by stating, "The terminal groin must remain in place to stabilize the existing location of Oregon Inlet Removal of the terminal groin would allow Oregon Inlet to resume its historic southerly migration and place the southern bridge abutment in danger of being exposed due to erosion of the northern tap of Pea Island We are not able to identify a Navigation Zone (multiple navigation spans) to NCDOT if the terminal groan does not remain in place because the deep water through the inlet would likely migrate to a location south of the southern bridge abutment The Wilmington Distract strongly recommends that the terminal groan remain in place as an essential feature of the new Oregon Inlet Bridge " It should be noted, also, that the installation of the terminal groin has led to the creation of additional piping plover habitat that was recently designated as critical habitat for the wintering piping plover by USFWS As has been discussed during recent meetings (in which USFWS staff have participated) as part of consultation under Section 106 of the National Historic Preservation Act, the terminal groin also currently serves as protection for both the historic features of the Pea Island National Wildlife Refuge (eligible for inclusion on the National Register of Historic Places) and the (former) Oregon Inlet U S Coast Guard Station (listed on the NRHP) NCDOT proposes to replace the existing Bonner Bridge with a new structure that will occupy the same easement as the current NC 12 in the Pea Island National Wildlife Refuge Because the purpose of the actions included in the original permit was to protect not only the existing Bonner Bridge but also its southern approach, the Department does not feel that a modification of the original permit is needed However, if you deem that a modification is necessary, this letter serves to begin that process Please notify NCDOT in writing of your decision of whether a modification is needed Thank you for your assistance with this project If you have any questions or need additional information, please contact Michael Turchy at maturchy@ncdot gov or (919) 715-1468 A copy of this letter will also be posted at ttp //www ncdot org/planning/pe/naturalumt/Permit html Gr go rpe, Ph /p, Manager Probe ev opment And Environmental Analysis Branch GJT/bs Page 2 of 3 cc w/attachment Mr Bill Biddlecome, USACE Mr Brian Wrenn, NCDWQ Ms Kathy Matthews, USEPA Ms Cathy Brittingham, NCDCM Mr Scott McLendon, USACE, Wilmington Mr Travis Wilson, NCWRC Mr Gary Jordan, USFWS Mr Ron Sechler, NMFS Ms Anne Deaton, NCDMF Mr David Henderson, P E , Hydraulics Mr Tom Koch, P E, Structure Design Mr Mark Staley, Roadside Environmental Mr Victor Barbour, P E , Project Services Unit Mr Jerry Jennings, P E, Division 1 Engineer Mr Clay Willis, Division 1 Environmental Officer Mr Jay Bennett, P E, Roadway Design Mr Mated Alghandour, P E, Programming and TIP Mr Art McMillan, P E, Highway Design Mr Brian Yamamoto, P E, PDEA Mr Drew Joyner, PE, Human Environment Unit Head Mr Clarence W Coleman, P E, FHWA Ms Lori Kroll, Counsel for Environmental and Transportation Issues Page 3 of 3 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P O BOX 1890 WILMINGTON NORTH CAROLINA 28402-1890 REPLY TO ATTENTION OF September 18, 2008 Project Management Branch Mr Lyndo Tippett Secretary of Transportation North Carolina Department of Transportation 1501 Mail Service Center Raleigh, North Carolina 27699 Dear Secretary Tippett Recently, members of my staff have been in coordination with North Carolina Department of Transportation (NCDOT) concerning navigation requirements for the new Oregon Inlet Bridge The bridge spans the federally authorized navigation channel at Oregon Inlet, which the Wilmington District is responsible for maintaining This response confirms and clarifies out assessment and recommendations related to these requirements The Wilmington District has determined that the following constraints must be incorporated into design of the replacement bridge to provide a reasonable assurance that safe navigation can be maintained through Oregon Inlet over the structure's 50-year design life Please refer to the enclosure for location of features described below 1) The terminal groin must remain in place to stabilize the existing location of Oregon Inlet Removal of the terminal groin would allow Oregon Inlet to resume its historic southerly migration and place the southern bridge abutment in danger of being exposed due to erosion of the northern tip of Pea Island We are not able to identify a Navigation Zone (multiple navigation spans) to NCDOT if the terminal groin does not remain in place because the deep water through the inlet would likely migrate to a location south of the southern bridge abutment The Wilmington District strongly recommends that the terminal groin remain in place as an essential feature of the new Oregon Inlet Bridge 2) The design vessel for the replacement bridge should be the Hopper Dredge Atchafalaya, which is owned and operated by B+B Dredging, Portsmouth, VA Design characteristics of the bridge should account for safe navigation of the Atchafalaya through the Navigation Zone and impact analysis of the Atchafalaya to the bridge in the absence of a navigation fender system Specifications of the vessel include Height 65-ft, Length 197-ft, Width 87-ft, Gross Tons 760 The height of each navigation span should be 70-ft mean high water (MHW), or 70 38-ft NAVD88, to account for tide and wave fluctuations 3) Prior to the installation of the Herbert C Bonner Bridge, Davis Slough was a deep water channel west of Oregon Inlet Following NCDOT s installation of the Bonner Bridge, Range 1 of the existing navigation channel became the prevailing deep water west of Oregon Inlet The existing Bonner Bridge sub-structure acts as a flow restrictor in Davis Slough and helps prevent the shifting of deep water channels within the inlet If the existing sub-sti ucture were removed or replaced with -2- less restrictive sub-structure, it is likely that Davis Slough would again become the prevailing deep water channel Based on the above information, and assuming the terminal groin remains in place, two options for Navigation Zones are provided below a) 2,400 ft Navigation Zone from Station 21+00 through 45+00 Under this Navigation Zone alignment, approximately 1,200 ft of the existing bridge (as shown on the enclosed pdf file), or similar submerged sub-structure, must remain in-place to prevent Davis Slough from becoming the prevailing interior channel Without this "Training Structure" it is likely that Davis Slough would become the prevailing channel and the 2,400 ft Navigation Zone would be rendered useless to vessel traffic for the remaining life of the bridge b) 4,500 ft Navigation Zone from Station 00+00 through 45+00 Under this Navigation Zone configuration, no Training Structure would be required However, the Navigation Zone must be located from Station 00+00 through 45+00 (i e a vertical clearance of 70-ft MHW must be maintained from Station 00+00 through 45+00) My staff has recently attended several coordination meetings relating to the new Oregon Inlet Bridge with the following agencies NCDOT, U S Fish and Wildlife Service (USFWS), Federal Highway Administration and U S Coast Guard During these coordination meetings representatives ofNCDOT have indicated that the new Oregon Inlet Bridge might be constructed prior to applying for the U S Fish and Wildlife Special Use Permit (SUP) which would allow the Terminal Groin to remain in place The Wilmington District is concerned that under this course of action, the possibility exists that USFWS might deny the SUP application It is the opinion of my office that without the terminal groin in place, Oregon Inlet will continue its migration to the south and render the constructed Navigation Zone useless and most likely jeopardize the structural integrity of the newly constructed southern bridge abutment Therefore, if NCDOT decides to wait for the new bridge to be constructed prior to applying for the USFWS SUP, we would request that NCDOT provide us a plan that ensures deep water will remain beneath the constructed navigation zone I would like to thank you for the ongoing coordination with the Wilmington District on this issue Coordination between the Wilmington District and NCDOT is essential and will surely benefit the users of both land and water highways we are tasked with constructing and maintaining If you have any questions, please feel free to contact me Sincerely, AMerson ?y?sc vage olonel, US Army District Commander Enclosure -3- CF Honorable Richard Burr United States Senate 217 Russell Senate Office Building Washington, DC 20510 Honorable Elizabeth Dole United States Senate 120 Russell Senate Office Building Washington, DC 20510 Honorable Walter B Jones, Jr United States House of Representatives 2333 Rayburn House Office Building Washington, DC 20515 BG Joseph Schrodel Commander, South Atlantic Division US Army Corps of Engineers 60 Forsyth Street, Rm I OM 15 Atlanta, GA 30303 Mr Tom Reeder, Director Division of Water Resources North Carolina Department of Environment, and Natural Resources Post Office Box 27687 Raleigh, North Carolina 2761 1-7687 Mr Mike Bryant U S Fish and Wildlife Service Alligator River National Wildlife Refuge Post Office Box 1969 Manteo, North Carolina 27954 Mr Michael Murray U S Department of the Interior National Park Service Outer Banks Group 1401 National Park Drive Manteo, North Carolina 27954 -4- John F Sullivan, III, PE Division Administrator FHWA North Carolina Division 310 New Bern Avenue, Ste 410 Raleigh, North Carolina 27601-1418 Tom Drda ' Federal Highway Administration 310 New Bern Avenue, Ste 410 Raleigh, North Carolina 27601-1418 Lori Kroll Counsel for Environmental and Transportation Issues North Carolina Department of Transportation 1501 Mail Service Center Raleigh, North Carolina 27699 Warren Judge Commissioner County of Dare PO Box 1000 Manteo, North Carolina 27954 Bill H Brazier Bridge Management Specialist Fifth Coast Guard District 431 Crawford Street, Room 103 Portsmouth, VA 23704-5004