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HomeMy WebLinkAboutR-3838 R-3839,,. SINE STATE OF NORTH CAROLINA DEPARTMENT OF TPANSPORTATION JAMES B. HUNT) R. P.O. BOX 25201, RALEIGH, N.C. 27611-5201 GovERNoR December 7, 9 /l'IN R 0 Q? ,; - `"mac Ms. Cyndi Bell t'/?qGR DWQ - DENR 4401 Reedy Creek Road Raleigh, North Carolina 27607 Dear Ms. Bell: E. NORRIS TOLSON SECRETARY SUBJECT: Federal Programmatic Categorical Exclusion Approval for US 264 from West of Manns Harbor to West of Englehard, Dare and Hyde Counties, Federal-Aid Project No. STP-264(10), State Project No. 8.1051901, TIP #R-3838, R-3839 Attached for your information is a copy of the approved Programmatic Categorical Exclusion for the subject proposed highway improvement. This report records the determination that implementing the proposed action will not have a significant effect upon the quality of the human environment. Sincerely, V William D. Gilmore, P. E., Manager pc Manning and Environmental Branch WDG/plr Attachment Original Form Approved: 1/93 Form Revised: 7/97, 5/97, and 1/94 CATEGORICAL EXCLUSION ACTION CLASSIFICATION FORM TIP Project No. State Project No. Federal Project No R-3838, R-3839 8.1051901 STP-264(10) A. Project Description: (Include project scope and location and refer to the attached project location map.) US 264 from West of Manns Harbor to West of Englehard, Dare and Hyde Counties. Project proposes safety improvements by widening existing highway and providing guardrail in needed locations. B. Purpose and Need: To provide safety enhancements to the existing highway. C. Proposed Improvements: Circle one or more of the following Type II improvements which apply to the project: Modernization of a highway by resurfacing, restoration, rehabilitation, reconstruction, adding shoulders, or adding auxiliary lanes (e.g., parking, weaving, turning, climbing). a. Restoring, Resurfacing, Rehabilitating, and Reconstructing pavement (3R and 4R improvements) ® Widening roadway and shoulders without adding through lanes c. Modernizing gore treatments d. Constructing lane improvements (merge, auxiliary, and turn lanes) e. Adding shoulder drains f. Replacing and rehabilitating culverts, inlets, and drainage pipes, including safety treatments g. Providing driveway pipes h. Performing minor bridge widening (less than one through lane) Highway safety or traffic operations improvement projects including the installation of ramp metering control devices and lighting. a. Installing ramp metering devices b. Installing lights O Adding or upgrading guardrail d. Installing safety barriers including Jersey type barriers and pier protection Original Fora Approved: 1/93 Form Revised: 7/97, 5/97, and 1/94 e. Installing or replacing impact attenuators f. Upgrading medians including adding or upgrading median barriers g. Improving intersections including relocation and/or realignment h. Making minor roadway realignment i. Channelizing traffic j. Performing clear zone safety improvements including removing hazards and flattening slopes k. Implementing traffic aid systems, signals, and motorist aid 1. Installing bridge safety hardware including bridge rail retrofit 3. Bridge rehabilitation, reconstruction, or replacement or the construction of grade separation to replace existing at-grade railroad crossings. a. Rehabilitating, reconstructing, or replacing bridge approach slabs b. Rehabilitating or replacing bridge decks c. Rehabilitating bridges including painting (no red lead paint), scour repair, fender systems, and minor structural improvements d. Replacing a bridge (structure and/or fill) 4. Transportation corridor fringe parking facilities. Construction of new truck weigh stations or rest areas. 6. Approvals for disposal of excess right-of-way or for joint or limited use of right-of-way, where the proposed use does not have significant adverse impacts. 7. Approvals for changes in access control. Construction of new bus storage and maintenance facilities in areas used predominantly for industrial or transportation purposes where such construction is not inconsistent with existing zoning and located on or near a street with adequate capacity to handle anticipated bus and support vehicle traffic. 9. Rehabilitation or reconstruction of existing rail and bus buildings and ancillary facilities where only minor amounts of additional land are required and there is not a substantial increase in the number of users. 10. Construction of bus transfer facilities (an open area consisting of passenger shelters, boarding areas, kiosks and related street improvements) when located in a commercial area or other high activity center in which there is adequate street capacity for projected bus traffic. Original Form Approved: 1/93 Form Revised: 7/97, 5/97, and 1/94 D. E 11. Construction of rail storage and maintenance facilities in areas used predominantly for industrial or transportation purposes where such construction is not inconsistent with existing zoning and where there is no significant noise impact on the surrounding community. 12. Acquisition of land for hardship or protective purposes, advance land acquisition loans under section 3(b) of the UMT Act. Hardship and protective buying will be permitted only for a particular parcel or a limited number of parcels. These types of land acquisition qualify for a CE only where the acquisition will not limit the evaluation of alternatives, including shifts in alignment for planned construction projects, which may be required in the NEPA process. No project development on such land may proceed until the NEPA process has been completed. Special Project Information (Include Environmental Commitments and Permits Required.) As a consequence of the presence of High Quality Waters and Swamp Waters through most of the project, the DOT will design all sedimentation controls for high quality applications. The DOT agrees to provide "knock-down" guardrail for emergency access to adjoining refuge land areas at pre-identified points along the project. The DOT is considering the provision of roadside access for parking at the Long Shoal River. The DOT is anticipating a moratorium for construction at primary nursery areas along the project. The DOT will comply with the moratorium if it is administered. Threshold Criteria The following evaluation of threshold criteria must be completed for Type II actions. ECOLOGICAL YES NO (1) Will the project have a substantial impact on any unique or important natural resource? ? ? (2) Does the project involve any habitat where federally listed endangered or threatened species may occur? ? ? Original Forrn•Approved: 1/93 Form Revised: 7/97, 5/97, and 1/94 YES NO ? (3) Will the project affect anadromous fish? ? (4) If the project involves wetlands, is the amount of permanent and/or temporary wetland taking less than one-third (1/3, acre* and have all practicable measures to avoid and minimize wetland takings been evaluated? ?* (5) Will the project require use of U. S. Forest Service lands? ? (6) Will the quality of adjacent water resources be adversely impacted by proposed construction activities? ? (7) Does the project involve waters classified as Outstanding Water Resources (OWR) and/or High Quality Waters (HQW)? (8) Will the project require fill in waters of the United States - in any of the designated mountain trout counties? 1 ? F (9) Does the project involve any known underground storage tanks (UST's) or hazardous materials sites? I ? PERMITS AND COORDINATION YES NO (10) If the project is located within a CAMA county, will the project significantly affect the coastal zone and/or any ? - "Area of Environmental Concern" (AEC)? ? (11) Does the project involve Coastal Barrier Resources Act ? resources? ? (12) Will a U. S. Coast Guard permit be required? (13) Will the project result in the modification of any existing ? regulatory floodway? ? (14) Will the project require any stream relocations or channel ? changes? ? 4 Original Form Approved: 1/93 Form Revised: 7/97, 5/97, and 1/94 SOCIAL, ECONOMIC, AND CULTURAL RESOURCES (15) Will the project induce substantial impacts to planned growth or land use for the area? (16) Will the project require the relocation of any family or business? (17) Will the project have a disproportionately high and adverse human health and environmental effect on any minority or low-income population? (18) If the project involves the acquisition of right of way, is the amount of right of way acquisition considered minor? (19) Will the project involve any changes in access control? (20) Will the project substantially alter the usefulness and/or land use of adjacent property? (21) Will the project have an adverse effect on permanent local traffic patterns or community cohesiveness? (22) Is the project included in an approved thoroughfare plan and/ or Transportation Improvement Program (and is, therefore, in conformance with the Clean Air Act of 1990)? (23) Is the project anticipated to cause an increase in traffic volumes? (24) Will traffic be maintained during construction using existing roads, staged construction, or on-site detours? (25) If the project is a bridge replacement project, will the bridge be replaced at its existing location (along the existing facility) and will all construction proposed in association with the bridge replacement project be contained on the existing facility? (26) Is there substantial controversy on social, economic and environmental grounds concerning aspects of the action? YES NO F-1 ? F-1 ? F] ? V/ F-1 F-1 ? F ? F ? F-1 V, F-1 F-1 VI/ 5 Original Form, Apprc-red: 1/93 Form Revised: 7/97, 5/97, and 1/94 YES NO (27) Is the project consistent with all Federal, State, and local laws ? relating to the environmental aspects of the project? ? (28) Will the project have an "effect" on structures/properties eligible for or listed on the National Register of Historic Places? F-1 ? (29) Will the project affect any archaeological remains which are important to history or pre-history? F-1 ? (30) Will the project require the use of Section 4(f) resources (public parks, recreation lands, wildlife and waterfowl refuges, historic sites or historic bridges, as defined in Section 4(f) of the U. S. Department of Transportation Act of 1966)? ? V/ (31) Will the project result in any conversion of assisted public recreation sites or facilities to non-recreation uses, as defined by Section 6(f) of the Land and Water Conservation Act ? ? of 1965, as amended? (32) Will the project involve construction in, across, or adjacent to a river designated as a component of or proposed for inclusion in the natural Wild and Scenic Rivers? ? V11 F. Additional Documentation Required for Unfavorable Responses in Part E (Discussion regarding all unfavorable responses in Part E should be provided below. Additional supporting documentation may be attached, as necessary.) See the attached Natural Resources Technical Report for discussion relating to the boxed items in Part E. For: E.(4). See p. 4, "Impacts to Waters of the U.S." Question E.(4) has two parts. Only underlined question qualifies for boxed response. E.(7). See p. 2, "Water Resources" and p. 3, "Impacts to Water Resources" 6 Original Form Approved: 1/93 Form Revised: 7/97, 5/97, and 1/94 G. CE Approval TIP Project No. State Project No. Federal-Aid Project No. R-3838, R-3839 8.1051901 STP-264(10) Project Description: (Include project scope and location.) US 264 from West of Manns Harbor to West of EnQlehard, Dare and Hyde Counties. Project proposes safety improvements by widening existing highway and providing guardrail in needed locations. Categorical Exclusion Action Classification: (Check one) TYPE II(A) ? TYPE II(B) Approved: / 24 98 ate Planning and Environmental Branch (I n 9 at Project Planning Unit Head Planning and Environmental Branch Date Project Planning Engineer Planning and Environmental Branch For Type II(B) projects only: fl?;8 Date ivi ' Administrator f0K Federal Highway Administration OD vO w 00 M M 00 (A ` Mt?l T ? Q W Q Y O(D Q M 00 M J ? J Cr, Q = In Q N F- U pr) W pp o 0 1 Q? ct? d J ? Q Z > Z Q 00 . :2 J Q W Qm cl? W 00 M W U o0 W Q t? d ct? D z OO U? uu 00 }- z e -. swt o? G STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. E. NORRIS TOLSON GOVERNOR SECRETARY November 12, 1998 MEMORANDUM TO: Richard Brewer, P.E., Planning Engineer Planning & Environmental Branch FROM: M. Randall Turner, Division Environmental Officer Planning & Environmental Branch-Division One SUBJECT: Natural Resources Technical Report for the Proposed Safety Improvements along US 64 in Dare and Tyrrell Counties; TIP Nos. R-3838 and R-3839, State Project No. 8.1051901, Federal Aid No. STP-264(10) The following natural resources report is submitted for your use in completing the Programmatic Categorical Exclusion for the subject project. The proposed action will result in upgrading the existing roadside shoulders and fill slopes, addition of 2-feet of pavement on either side of roadway and installation of metal guardrail on that side of roadway immediately adjacent to canal. Changes to cross-section are necessary to establish minimum acceptable shoulders and fill slopes to accommodate metal guardrail and pavement expansion. Note that pavement expansion will only occur south of Stumpy Point; guardrail installation will occur from Gateway to Engelhard. Biotic Communities: The communities to be impacted by the proposal are (1) the intensely maintained shoulder and fill slopes, (2) fringe Ecotone along shoreline of canal and/or scrub-shrub zone near toe of roadway within utility corridor, and (3) aquatic community represented by the canal. Vegetation in the maintained shoulder and fill slope community is predominately a mixture of grasses and herbaceous forbs such as bermuda grass (Cynodon dactylon), fescue (Festuca sp.), lespedeza (Lespedeza sp.), clover (Trifolium sp.), etc. Seasonal occurrences of plantain (Plantago sp.), chickweed (Stellaria sp.), partridge pea (Cassia sp.) and other herbaceous weeds occur in these highly modified areas also, but successional trends are severely limited by the frequency of mowing. The fringe ecotone on either side of roadway at or near the toe of fill is an upland in some areas and a wetland in other areas. Species occurring in these areas range from herbaceous to woody. Included within these areas are winged sumac (Rhus copallina), goldenrod (Solidago sp.), flex decidua, P.O. Box 850, Edenton, NC 27932 (252) 482-7977 Fax: (252) 482-3826 Page 2 November 12, 1998 Richard Brewer red maple (Acer rubrum), sweet gum (Liquidambar styraciflua), cattail (Typha sp.), common rush Uuncus effusus), sawgrass (Cladium jamaicense) and loblolly pine Winus taeda). The waters of the roadside canal and collector streams are very slow- flowing most of the year. However, it is reasonable to expect that the canal serves as suitable habitat for a wide range of freshwater fish species, including not only resident species such as bass, bream, catfish, perch and pickerel, but also anadromous species of herring and shad in those sections of canal that are connected to estuarine waters (i.e., the Alligator River). As described below, the canal is connected to estuarine waters at various locations via cross canals. As a consequence, it is reasonable to predict that fish populations in these canal systems will consist of both freshwater and estuarine species, primarily those that are euryhalinic. Adult fish spawn in the streams of their origin and return to the marine environment. Young fish mature in these inland waters before migrating to the larger brackish and marine systems. In addition, it is highly likely that shrimp, blue crabs and a range of other invertebrate species depend on sections of the canal for foraging or nursery habitat. Impacts to Biotic Communities: Anticipated direct impacts to biotic communities will be limited to the temporary conversion of portions of the existing roadside shoulders and fill slopes from fully stabilized and vegetated zones to unvegetated areas during the construction interval. Small, burrowing, or subterranean species may be lost to construction activities, but the vast majority of vertebrate species will experience only minor displacement during a relatively short interval of time. Presence of guardrail may temporarily disorient some animal species, but most will adapt. In addition, small sections of canal, totaling approximately 0.5 acre (cumulative for impacts at 5-10 discrete sites). In these areas only quarried granite rip rap will be placed in the water. Strict application of Best Management Practices will ensure that canals and study area streams are not fouled during and after construction. For example, sediment curtains will be used to isolate portion of canal to receive stone fill. As described below, the canal is connected to estuarine waters at various locations via cross canals and via direct flows from estuarine waters. As a consequence, it is reasonable to predict that fish populations in these canal systems will consist of both freshwater and estuarine species, primarily those that are euryhalinic. Water Resources: It is important to note that construction activities, including grading, will occur immediately adjacent to the deep canal which lies adjacent to one or both sides of the roadway. The canal, which reportedly was created during borrow operations for the existing US 264 fill sections, connects with natural bodies of water at various points via cross-country canals to Waupopin Creek, Kitty Creek, Far Creek, Otter Creek, Pamlico Sound, Broad Creek, Long Shoal River Spencers Creek, Callaghan Page 3 November 12, 1998 Richard Brewer Creek, Deep Creek and Pains Creek. Consequently, it is reasonable to assume that a potential link exists with the estuarine environment; although some possibility exists that driveway pipes may become temporarily clogged, preventing the movement of some organisms into certain canal segments. The project area canal varies in width from 12-40 feet and in depth up to 15 feet. The Best Usage Classification for the water resources listed above are: STREAM DESCRIPTION CLASS Pamlico Sound - SA Far Creek From Source to US 264 C Sw Far Creek From US 64 to flash beacon y9 SC HOW Waupopin Creek Above & Below US 264 SC HOW/SA Otter Creek From source to Pamlico Sound SA Long Shoal River From source to US 264 C Sw Long Shoal River From US 264 to Pamlico Sound SA Deep Creek From source to Long Shoal River SA Broad Creek From source to Long Shoal River SA Pains Creek From source to Pains Bay SA Callaghan Creek Spencer Creek From source to Croatan Sound SA Class SC is a Tidal Salt Water which Is suitable for aquatic life propagation and survival, fishing, wildlife, and secondary recreation; Class C is a fresh water which is suitable for aquatic life propagation and survival, fishing, wildlife, secondary recreation, and agriculture, Class SA is a Tidal Salt Water which Is suitable for shellfishing for market purposes and any other usage specified by the SB and SC classification;the symbol 'Sw' (Swamp Waters) denotes a supplemental freshwater classification which can be described as waters which have low velocities and other natural characteristics which are different from adjacent streams, ORW denotes an outstanding resource water which are unique and special in the state or nation from the view of ecology or recreation; HOW denotes waters that are rated as excellent based on biological and physical/chemical characteritics and/or are classed as primary nursery areas or other special resources. Impacts to Water Resources: Little, if any, impact to water resources will result from the proposal. Strict Implementation of BMPs will ensure that adjacent water resources are not contaminated by project sediment. As a consequence of the presence of HOW waters and SA waters through most of the project,all sedimentation controls must be designed for high quality applications. Waters of the U.S.: Wetlands and surface waters fall under the broad category "waters of the U.S.", as defined in Section 33 of the Code of Federal Register (CRF), Part 328.3. In accordance with the provisions of Section 404 of the Clean Water Act (33 U.S.C 1344), the COE has primary responsibility for reviewing and regulating actions which propose to fill or substantially modify "waters of the United States". Jurisdictionally, wetlands are defined in 33 CFR 328.3 as "Those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation Page 4 November 12, 1998 Richard Brewer typically adapted for life in saturated soil conditions.,, Furthermore, the COE has responsibilities under Section 10 of the Rivers and Harbors Act of 1899 for structures proposed in or near navigable waters. The DWQ also has a jurisdictional role under Section 401 of the Clean Water Act. The Section 404 Permit application serves as application for a Section 401 Water Quality Certificate, which must be issued before the COE will issue a Section 404 permit. Recent rule changes adopted by the DWQ in October 1996 require that compensatory mitigation for wetland losses must be at least based on a "no net loss" formula, and stream channel impacts must be mitigated. Impacts to Waters of the U.S.: It is estimated that up to 3 acres of wetlands will be impacted by the proposed action over a linear distance of 60+ miles (counting both sides of roadway). The majority of these wetlands are Section 404 wetlands; however, it is estimated that +/-1.0 acre will be coastal wetlands, as defined by the Coastal Area Management Act. Discussions with the U.S. Army Corps of Engineers and the Division of Coastal Management concerning regulatory pathways and overall regulatory requirements are underway. The Corps of Engineers may allow the DCM to assume the lead permitting role under the General Permit 291. In either event, the DCM will require CAMA authorization(s) for impacts to Coastal Wetlands, Public Trust Waters, Estuarine Waters and/or Estuarine Shoreline (within waters or wetlands) Areas of Environmental Concern. Once the regulatory agencies have ruled on who will handle the jurisdictional issues final decisions about compensatory mitigation can be made. Rare Species: Under federal law, any action, which is likely to result in an impact to federally-protected plants or animals, is subject to review by the FWS, under one or more provisions of the Endangered Species Act (ESA) of 1973, as amended. The FWS and other wildlife resource agencies also exercise jurisdiction in this resource area in accordance with the'Fish and Wildlife Coordination Act. North Carolina laws are also designed to protect certain plants and animals, which are endemic to North Carolina and/or whose populations are in severe decline. Federally-Protected Species: Plants or animals with status designations E (Endangered), T (Threatened), or P (Proposed) are protected under the ESA. Where federal funds, or federal permits are required, Section 7 of the ESA requires consultation with the FWS prior to taking any action which may jeopardize, or threaten a protected species. Section 9 provides the FWS with jurisdiction, in cases where no federal funds or permits are required, if the proposal may result in the "taking" of protected species. As of May 14, 1998 the following federally protected species are listed by the FWS for Dare and Tyrrell Counties. Page 5 November 12, 1998 Richard Brewer Federally Protected Species in Dare and Tyrrell Counties SCIENTIFIC NAME COMMON NAME COUNTY STATUS Canis rufus red wolf D/H EXP Trichechus manatus manatee D/H E Charadrius melodus piping plover D/H T Haliaeetus leucocephalusbald eagle D T Picoides borealis red-cockaded wood- pecker D/H E Sterna dougalii roseate tern D E Alligator mississippiensis American alligator D/T T(S/A) Caretta caretta loggerhead sea turtle D/H T Chelonia mydas green sea turtle D/H T Dermochelys coriacea leatherback sea turtle D/H E Eretomochelys imbricata hawksbill sea turtle D/H E Lepidochelys kempii Kemp's ridley sea turtle D/H E Amaranthus pumilus sea-beach amaranth D/H T Aeschynomene virginica sensitive joint vetch H T "E" (Endangered) is a taxon that is threatened with extinction throughout all or a significant portion of its range; "T" (Threatened) is a taxon that is likely to become endangered in the foreseeable future; "T(S/A)" denotes a species which is listed as threatened due to similarity of appearance with another rare species in order to protect the similar species; "EXP" denotes a taxon that is listed as experimental. The following descriptions of each listed species and its habitat requirements is included for a full consideration of impact potential. Canis rufus (red wolf) EXP Animal Family: Canidae Date Listed: 3/11/67 Distribution in N.C.: Beaufort, Dare, Hyde, Tyrrell, Washington Counties The red wolf is a medium-sized canid smaller than the grey wolf and larger and hardier than the coyote. The red wolf can be identified by its more elongated head and shorter coarser pelage than the grey wolf. It has a coloration similar to that of the coyote, but with a darker -element. Individuals have been released during the last several years in the Alligator National Wildlife Refuge, located in Dare, Hyde and Tyrrell Counties. The population has increased and the animals are known to range into habitats outside the refuge lands. Trichechus manatus (mantee) E Animal Family: Trichechidae Date Listed: 06/02/70 Distribution in N.C.: Beaufort, Brunswick, Carteret, Craven, Currituck, Dare, Hyde, New Hanover, Pamlico, Pender, Pitt The manatee is a large, gray or brown aquatic mammal reaching lengths of ten feet and weighing around 1,000 pounds at maturity. Hindlimbs are absent, but forelimbs exist as modified flippers. The tail is flattened horizontally and rounded. Body is nearly hairless except that muzzle is covered with stiff "whiskers". Page 6 November 12, 1998 Richard Brewer During the coldest winter months the U.S. manatee population is confined to the southern half of the Florida peninsula along the coasts. During the summer months mantees disperse, some moving into northern waters along the Atlantic Ocean. The species also is a permanent resident of portions of the Caribbean and Central and South America. Manatees are vegetarians, feeding on aquatic vegetation almost exclusively. Records do exists of sightings in North Carolina waters. NCDOT biologists have sighted the species in the Atlantic Ocean near Beaufort Inlet (Carteret County) and in the Chowan River (Chowan & Bertie Counties). Individuals have also been spotted near the mouth of the Currituck Sound (Dare & Currituck Counties), near Hatteras Island (Dare County) and in Brunswick and New Hanover Counties. Charadrius melodus (piping plover) T Animal Family: Charadriidae Date Listed: 12/11/85 Distribution in N.C.: Brunswick, Carteret, Currituck, Dare, Hyde, New Hanover, Pender. The piping plover is a small migratory shorebird that resembles a sandpiper. It can be identified by the orange legs and black band around the base of its neck. During the winter the plover loses its black band, its legs fade to pale yellow, and the bill fades to black. Breeding birds are characterized by white underparts, a single black breastband, and a black bar across the forehead. The piping plover breeds along the east coast. This bird resides in North Carolina, nesting in flat areas with fine sand and mixtures of shells and pebbles. They nest most commonly where there is little or no vegetation, but some may nest in stands of beachgrass. The nest is a shallow depression in the sand that is usually lined with shells and pebbles. The piping plover is very sensitive to human disturbances. The presence of people can cause the plover to abandon its nest and quit feeding. Haliaeetus leucocephalus (bald eagle) T Animal Family: Accipitridae Date Listed: 3/11/67 Distribution in N.C.: Anson, Beaufort, Brunswick, Carteret, Chatham, Chowan, Craven, Dare, Durham, Hyde, Montgomery, New Hanover, Northhampton, Periquimans, Richmond, Stanley, Vance, Wake, Washington. Adult bald eagles can be identified by their large white head and short white tail. The body plumage is dark-brown to chocolate-brown in color. In flight bald eagles can be identified by their flat wing soar. Eagle nests are found in close proximity to water (within a half mile) with a clear flight path to the water, in the largest living tree in an area, and having an open view of the surrounding land. Human disturbance can cause an eagle to abandon otherwise suitable habitat. The breeding season for the bald eagle begins in December or January. Fish are the major food source Page 7 November 12, 1998 Richard Brewer for bald eagles. Other sources include coots, herons, and wounded ducks. Food may be live, or carrion. Picoides borealis (red-cockaded woodpecker) E Animal Family: Picidae Date Listed: 10/13/70 Distribution in N.C.: Anson, Beaufort, Bertie, Bladen, Brunswick, Camden, Carteret, Chatham, Columbus, Craven, Cumberland, Dare, Duplin, Forsyth, Gates, Halifax, Harnett, Hertford, Hoke, Hyde, Johnston, Jones, Lee, Lenoir, Montgomery, Moore, Nash, New Hanover, Northhampton, Onslow, Orange, Pamlico, Pender, Perquimans, Pitt, Richmond, Robeson, Sampson, Scotland, Tyrrell, Wake, Wayne, Wilson. The adult red-cockaded woodpecker (RCW) has a plumage that is entirely black and white except for small red streaks on the sides of the nape in the male. The back of the RCW is black and white with horizontal stripes. The breast and underside of this woodpecker are white with streaked flanks. The RCW has a large white cheek patch surrounded by the black cap, nape, and throat. The RCW uses open old growth stands of southern pines, particularly longleaf pine (Pious palustris), for foraging and nesting habitat. Although the RCW is more commonly associated with long leaf pine forests with open, uncongested subcanopies, increasing habitat pressures (disappearance of long leaf pine forests in eastern N.C.) has resulted in the RCW colonizing loblolly and even pond pine (P. serotina) forests. A forested stand ideally contains at least 50% pine, lacks a thick understory, and be contiguous with other stands to be appropriate habitat for the RCW. These birds nest exclusively in trees that are >60 years old which are contiguous with pine stands at least 30 years of age. The foraging range of the RCW is up to 200 hectares (500 acres). This acreage must be contiguous with nesting sites. These woodpeckers nest exclusively In living pine trees and often in trees that are infected with the fungus that causes red-heart disease. Cavities are located in colonies from 3.6-30.3 m (12-100 ft) above the ground and average 9.1- 15.7 m (30-50 ft) high. They can be identified by a large incrustation of running sap that surrounds the tree. The RCW lays its eggs in April, May, and June; the eggs hatch approximately 38 days later. Sterna dougallii dougallii (roseate tern) E Animal Family: Laridae Date Listed: 12/2/87 Distribution in N.C.: Carteret, Dare. Roseate terns are found throughout the world in the old world tropics. In the western Atlantic it is found from Nova Scotia to North Carolina and from the Florida Keys south through the greater and lesser Antilles. In North Carolina, this tern is most commonly seen from late July to October (peak time is in early September) as a migrant. The roseate tern is a small whitish seabird. Summer adults have a black bill and cap, a light gray mantle, and a very deeply forked tail that is completely Page 8 November 12, 1998 Richard Brewer white. The breast and underside is white except during the breeding season when it obtains a rose color. The legs and feet are reddish-orange in the summer and black in the winter. Juveniles are brownish salt and peppery where the adults are black and have a black stripe through their eyes. In North Carolina, roseate tern is most commonly seen from late July to October (peak time is in early September) as a migrant. These birds are often sighted in full breeding plumage, and found with mixed terns. The roseate tern nests on isolated, less disturbed coastal islands in areas characterized by sandy, rocky, or clayey substrates with either sparse or thick vegetation. Eggs are usually laid such that shelter is provided by grasses or overhanging objects. They may also nest in marshes, but it is an uncommon occurrence. There is only one nesting record for North Carolina, but it is thought likely that additional nesting records will be found in the future. Alligator mississippiensis (American alligator) T(S/A) Animal Family: Alligatoridae Date Listed: 1987 Distribution in N.C.: Bladen, Brunswick, Camden, Carteret, Columbus, Craven, Cumberland, Dare, Duplin, Gates, Hyde, Jones, New Hanover, Onslow, Pamlico, Pender, Robeson, Sampson, Scotland, Tyrrell A very large lizardlike reptile with powerful jaws and large teeth, a long and laterally compressed tail, 4 toes on hind feet and embedded bony plates forming longitudinal rows of keeled dorsal armor. Historical records indicate species is endemic to North Carolina south of Albemarle Sound. Resident populations exists throughout middle and lower coastal plain. Listing as threatened by similarity of appearance implies that the status has been assigned primarily to protect the American saltwater crocodile, an endangered resident of Florida. Since skins of alligator and crocodile are so similar, crocodile skins could be marketed as alligator unless controls were established. Caretta caretta (loggerhead sea turtle) T Animal Family: Cheloniidae Date Listed: 7/28/78 Distribution in N.C.: Beaufort, Bertie, Brunswick, Camden, Carteret, Chowan, Craven, Currituck, Dare, Hyde, New Hanover, Onslow, Pamilco, Pasquotank, Pender, Perquimans, Tyrrell, Washington. Loggerhead turtles can be distinguished from other sea turtles by their unique reddish-brown color. The loggerhead is characterized by a large head and blunt jaws. The loggerhead nests on suitable beaches from Ocracoke inlet, North Carolina through Florida and on a small scale off of the Gulf States. There are also major nesting grounds on the eastern coast of Australia. It lives worldwide in temperate to subtropical waters. Loggerheads nest nocturnally between May and September on isolated Page 9 November 12, 1998 Richard Brewer beaches that are characterized by fine grained sediments. It is mainly carnivorous feeding on small marine animals. Chelonia mydas (green sea turtle) T Animal Family: Cheloniidae Date Listed: 7/28/78 Distribution in N.C.: Beaufort, Bertie, Brunswick, Camden, Carteret, Chowan, Craven, Currituck, Dare, Hyde, New Hanover, Onslow, Pamilco, Pasquotank, Pender, Perquimans, Tyrrell, Washington. The distinguishing factors found in the green turtle are the single clawed flippers and a single pair of elongated scales between the eyes. It has a small head and a strong, serrate, lower jaw. The green sea turtle is found in temperate and tropical oceans and seas. Nesting in North America is limited to small communities on the east coast of Florida requiring beaches with minimal disturbances and a sloping platform for nesting (they do not nest in NO. The green turtle can be found in shallow waters. They are attracted to lagoons, reefs, bays, Mangrove swamps and inlets where an abundance of marine grasses can be found, marine grasses are the principle food source. These turtles require beaches with minimal disturbances and a sloping platform for nesting. One or more specimens have been caught in Croatan Sound. Dermochelys coriacea (leatherback sea turtle) E Animal Family: Dermochelydae Date Listed: 6/2/72 Distribution in N.C.: Brunswick, Carteret, Currituck, Dare, Hyde, New Hanover, Onslow, Pender. The leatherback sea turtle is the largest of the marine turtles. Unlike other marine turtles, the leatherback has a shell composed of tough leathery skin. The carapace has 7 longitudinal ridges and the plastron has 5 ridges. The leatherback is black to dark brown in color and may have white blotches on the head and limbs. Leatherbacks are distributed world-wide in tropical waters of the Atlantic, Pacific, and Indian oceans. Leatherbacks prefer deep waters and are often found near the edge of the continental shelf. In northern waters they are reported to enter into bays, estuaries, and other inland bodies of water. Leather back nesting requirements are very specific, they need sandy beaches backed with vegetation in the proximity of deep water and generally with rough seas. Beaches with a suitable slope and a suitable depth of coarse dry sand are necessary for the leatherback to nest. Major nesting areas occur in tropical regions and the only nesting population in the United States Is found in Martin County, Florida. Leatherback nesting occurs from April to August. Artificial light has been shown to cause hatchlings to divert away from the sea. Leatherbacks feed mainly on jellyfish. They are also known to feed on sea urchins, crustaceans, fish, mollusks, tunicates, and floating seaweed. Page 10 November 12, 1998 Richard Brewer Eretomochelys imbricata (Atlantic hawksbill turtle) E Animal Family: Cheloniidae Date Listed: 6/2/70 Distribution in N.C.: Carteret, Dare, Hyde The hawksbill turtle is amedium-sized marine turtle with an amber carapace marked with streaks of red, yellow, brown and black. This "tortoise-shell" pattern is obvious in smaller, younger individuals. The plastron is yellow, sometimes with black areas. Only a handful of individuals have been captured or sighted in N.C. waters throug.h the late 1980's. Except for one juvenile captured in the Pamlico Sound, all other observations are from ocean waters. Most hawkbills nest in the Caribbean and nesting in south Florida rarely occurs. Lepidochelys kempii (Kemp's ridley's sea turtle) E Animal Family: Cheloniidae Date Listed: 12/2/70 Distribution in N.C.: Beaufort, Bertie, Brunswick, Camden, Carteret, Chowan, Craven, Currituck, Dare, Hyde, New Hanover, Onslow, Pamlico, Pasquotank, Pender, Perquimans, Tyrrell, Washington. Kemp's ridley sea turtle is the smallest of the sea turtles that visit North Carolina's coast. These turtles have a triangular shaped head and a hooked beak with large crushing surfaces. It has a heart-shaped carapace that is nearly as wide as it is long with the first of five costal plates touching the nuchal plates. Adult Kemp's ridley sea turtles have white or yellow plastrons with a gray and olive green carapace. The head and flippers are gray. Kemp's ridley sea turtles live in shallow coastal and estuarine waters, in association with red mangrove trees. A majority of this sea turtle's nesting occurs in a 24 km (14.9 mile) stretch of beach between Barra del Tordo and Ostioal in the state of Tamaulipas, Mexico. This turtle is an infrequent visitor to the North Carolina coast and usually does not nest here. Kemp's sea turlte can lay eggs as many as three times during the April to June breeding season. Kemp's ridley sea turtles prefer beach sections that are backed up by extensive swamps or large bodies of open water having seasonal naf row ocean connections and a well defined elevated dune area. Amaranthus pumilus (sea-beach amaranth) T Plant Family: Amaranthaceae Federally Listed: May 7, 1993 Flowers Present: June to frost Distribution in N.C.: Brunswick, Carteret, Currituck, Dare, Hyde, New Hanover, Onslow, Pender. Seabeach amaranth is an annual that grows in clumps containing 5 to 20 branches and are often over a foot across. The trailing stems are fleshy and reddish-pink or reddish in color. Seabeach amaranth has thick, fleshy leaves that are small, ovate-spatulate, emarginate and rounded. The leaves are usually spinach green in color, cluster towards the end of a stem, and have winged petioles. Flowers grow in axillary fascicles and the legume has Page 11 November 12, 1998 Richard Brewer smooth, indehsicent fruits. Seeds are glossy black. Both fruits and flowers are relatively inconspicuous and born along the stem. Seabeach amaranth is endemic to the Atlantic Coastal Plain beaches. Habitat for seabeach amaranth is found on barrier island beaches functioning in a relatively dynamic and natural manner. Seabeach amaranth grows well in overwash flats at the accreting ends of islands and the lower foredunes and upper strands of noneroding beaches. Temporary populations often form in blowouts, sound-side beaches, dredge spoil, and beach replenishment. This species is very intolerant to competition and is not usually found in association with other species. Threats to seabeach amaranth include beach stabilization projects, all terrain vehicles (ATV's), herbivory by insects and animals, beach grooming, and beach erosion. Aeschynomene virginica (sensitive jointvetch) T Plant Family: Fabaceae Federally Listed: June 19, 1992 Flowers Present: July to September Distribution in N.C.: Beaufort, Hyde Sensitive jointvetch is an annual legume that can grow as much as six feet tall in a single season. Leaves are even-pinnate (1-5 inches long). Zygomorphic flowers, which occur in racemes in mid-to-late summer, are yellow streaked with orange or red. Plant is reminiscent of mimosa (Albizia julibrissin) when observed in passing. Plants are known from canal locations in Beaufort and Hyde Counties. Preferred habitat appears to be freshwater tidal marshy areas---wetland sites that receive tidal influence. • Federal Species of Concern: Federal Species of Concern (FSC), formerly "candidate (Cl or C2) species", are not protected by the ESA, although they are subject to being listed (as protected) at any time in the future. Federal Species of Concern Listed for Dare and Hyde Counties SCIENTIFIC NAME COMMON NAME COUNTY H/A Corynorhinus rafinesquii Rafinesque's big-eared bat D No Trichostema sp. 1 blue dune curls D/H No Laterallus jamaicensis black rail D/H No Note: "H/A" denotes whether preferred suitable habitat for the species is available within study areas State Protected Species: Plants or animals with state designations of Endangered, Threatened or Special Concern (SC) are granted protection by the State Endangered Species Act (G.S. 113-331 to 113-337) and the State of NC Plant Protection and Conservation Act of 1979 (G.S. 196:106-202.12 to 106- 202.19), administered and enforced by the NC Wildlife Resources Commission and the NC Department of Agriculture, respectively. All of the federal species listed above are protected by the state of North Carolina. only one of the federal special concern species, Rafinesque's big- eared bat, is protected by state law. According to state laws, three status Page 12 November 12, 1998 Richard Brewer designations established by the state are given some measure of protection: Endangered species are any native or once- native species of plant or animal whose continued existence as a viable component of the State's fauna or flora are in jeapordy; Threatened species are any native or once-native species of plant or animal which are likely to become an Endangered species in the foreseeable future; and Special Concern species are any wild animal, native or once-native to North Carolina, which are determined by the Wildlife Resources Commission to require monitoring but which may be taken under regulations adopted under the provisions of this article. Impacts to Rare Species: With the exception of the Experimental red wolf, the appropriate Biological Conclusions for all of the other federal and state listed species are "No Effect". The red wolf is the only species which is likely to be found on the shoulder of the roadway from time to time. Improvements to one of the roadway shoulders and installation of metal guardrail is not likely to result in a "take" of the red wolf, nor is the proposal likely to jeopardize the continued existence of the species. However, some concern has been raised about the possibility that the guardrail may disorient the animal as it attempts to cross the road. Since no data is available to elucidate the animal's reaction to such barriers, there are no absolute conclusions that can be drawn relating to whether or not any measurable effect will result from the proposal. Given the fact that the guardrail will be installed on non-federal lands there are no provisions for Section 7 consultation for this non-essential experimental species. However, the Department has committed to cooperating in a large mammal movement study as part of its environmental outreach relating to the proposed improvements to US 64 from Plymouth to Columbia. The Alligator River National Wildlife Refuge red wolf biologist has recommended the application of satellite telemetry techniques for tracking the movement of individual wolves. The Department's commitment to this effort will also provide data about wolf-guardrail interactions along US 64 and US 264 east of Columbia (since the same individuals which cross the newly proposed U:S 64 west of Columbia will also be operating east of Columbia). Based upon the reasonable assumption that the red wolf is not. likely to suffer from the installation of metal guardrail, given its innate skills and adaptability, the project is Not Likely to Adversely Affect the red wolf. Suitable habitat for the sensitive jointvetch does exist within the project limits. To ascertain whether the project would, in fact, impact this species, walking surveys in all areas where disturbances would occur within the canal or in wetland areas adjacent to the canal were conducted during August and September. There are no sensitive jointvetch populations in the project area, consequently, the project will have No Effect on this species. Please call me if I can assist you further Cc: D. R. Conner, P.E. State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director APPROVAL of 401 Water Quality Certification Mr. William Gilmore, P.E., Manager Project Development and Environmental Analysis North Carolina Department of Transportation PO Box 25201 Raleigh NC 27611-2501 NCDENR September 2, 1999 Dare and Hyde Counties DWQ Project # 990817 Re: Guardrail improvement project for US 264 from Manns Harbor to West of Englehard in Dare and Hyde Counties, Federal Aid Project No. STP-264(10), State Project No. 8.1051901, COE Action ID 199910390TIP No. R-3838 and R-3839. Dear Mr. Gilmore: You have our approval, in accordance with the attached conditions and those listed below, to place fill material in 3.0 acres of wetlands for the purpose of constructing the above referenced project. The proposed project should be constructed as described in your application dated July 20, 1999. After reviewing your application, it is our determination that your proposed activities are covered by General Water Quality Certification Number 3197. Certification 3197 corresponds to Nationwide Permit Number 23 issued by the Corps of Engineers. Prior to initiating any work in jurisdictional areas you should obtain the necessary permit(s) from the Corps of Engineers as well as any other federal, state or local permits, including (but not necessarily limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval will expire when the accompanying 404 permit expires, unless otherwise specified in the General Certification. 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 DWQ 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. Since the proposed fill will be placed in greater than one acre of jurisdictional wetlands, compensatory mitigation is required as described in 15A NCAC 2H .0506 (h) (6) and (7). ). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. Based on the information provided in your July 20, 1999, 6 acres of mitigation for impacts to jurisdictional wetlands is required for the proposed project. We understand that you have chosen to purchase 6 acres in wetland credits from the Scuppernong River Corridor Wetland Mitigation Bank. No work within waters or wetlands are authorized by this permit until the bank sponsor has verified that payment has been made in accordance with Condition A in the 404 permit issued by the Corps of Engineers for this project. P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition that conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing. If you have any questions, please contact John Dorney at 919-733-9646. Sincerely, Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Washington Field Office Washington DWQ Regional Office Central Files U"ry er T. Steve CAncdot\TIP R-3838\wqc\990817wgc.doc DEPARTMENT OF THE ARMY _ WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO June 11, 1999 Regulatory Division Subject: Action ID No. 199910390 and Nationwide Permit No. 23 (Approved Categorical Exclusions) Mr. William D. Gilmore, P.E., Manager North Carolina Department of Transportation Planning and Environmental Branch Post Office Box 25201 Raleigh, North Carolina 27611-5201 Dear Mr. Gilmore: Reference your Categorical Exclusion Document, dated December 7, 1998, and subsequent correspondence dated February 14, 1999, for widening existing highway and providing guardrail on US 264 from West of Manns Harbor to West of Englehard, Dare and Hyde Counties, North Carolina (Federal Aid Project No. STP-264(10), State Project No. 8.1051901, T.I.P. Nos. R-3838 and R-3839). The stated purpose of the proposed project is to widen US 264 to accommodate guardrail installation for the safety of the traveling public. The proposed project will adversely impact approximately 3 acres of jurisdictional wetlands located adjacent to US 264. For the purposes of the Corps of Engineers Regulatory Program, Title 33, Code of Federal Regulations (CFR), Part 330.6, published in the Federal Register on November 22, 1991, lists nationwide permits. Authorization pursuant to Section 10 of the River and Harbors Act of 1899 and Section 404 of the Clean Water Act, was provided for activities undertaken, assisted, authorized, regulated, funded or financed, in whole or part, by another Federal agency or department where that agency or department has determined, pursuant to the CEQ Regulation for the Implementing the Procedural Provisions of the National Environmental Policy Act, that the activity, work or discharge is categorically excluded from environmental documentation because it is included within a category of actions which neither individually nor cumulatively have a significant effect on the human environment, and the Office of the Chief of Engineers has been furnished notice of the agency's or department's application for the categorical exclusion and concurs with that determination. Review of this project indicates that widening of the existing road to accommodate guardrail along US 264 will adversely impact 3.0 acres of adjacent wetlands. Your work is authorized -2- under Nationwide Permit 23, Categorical Exclusion, provided it is accomplished in strict accordance with the enclosed Nationwide Permit Conditions and the following special conditions: a. The Permittee shall purchase 6 credits from the Scuppernong River Corridor Wetland Mitigation Bank. No work within waters or wetlands authorized by this permit shall begin until the bank sponsor has verified to the Corps that it has received payment for said credits, and that the credits have been debited from the Bank in accordance with the Mitigation Banking Instrument dated February 4, 1998, attached hereto and incorporated herein by reference; b. Within 30 days of the issuance of this permit, NCDOT shall provide the Corps of Engineers, Washington Regulatory Field Office, with an updated mitigation ledger or report reflecting the utilization of mitigation credits from the Scuppernong River Corridor Wetland Mitigation Bank; This nationwide permit does not relieve you of the responsibility to obtain any required State or local approval. This permit will be valid for two years from the date of this letter unless the nationwide authorization is modified, reissued or revoked. Thank you for your time and cooperation. Questions or comments may be addressed to Mr. Michael F. Bell, Washington Regulatory Field Office, Post Office Box 1000, Washington, North Carolina, 27889, or telephone 252-975-1616, extension 26. Sincerely, 4Y Y-- F. Bell, P.W.S. Regulatory Project Manager Enclosure -3- Copies Furnished (without enclosure) Mr. M. Randall Turner Division One Environmental Officer Project Development/Environmental Analysis Branch-Division 1 Post Office Box 850 Edenton, North Carolina 27932 Mr. John Dorney Division of Water Quality Imo`"' "h Carolina Department of Environment, Health and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 Mr. David Cox North Carolina Wildlife Resources Commission 1142 185 Service road Creedmoor, North Carolina 27522 Mr. John Hefner U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Larry Hardy National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 Mr. William L. Cox, Chief Wetlands Section - Region IV Water Management Division U.S. Environmental Protection Agency 61 Forsyth Street, S.W. Atlanta, Georgia 30303 _ i ?UJ 1 00 1 r.L? _.r t?'7?L"? a.A 57A7t°? i `'!`?? OCT 2 1 w STATE OF NORTH CARO DEPARTMENT OF TRANS JAMES B. HUNT JR. GOVERNOR MEMORANDUM TO: File October 19, 1998 SECRETARY FROM: M. Randall Turner, Division Environmental Officer Planning & Environmental Branch-Division One SUBJECT: Minutes: Environmental Field Review of Proposed Safety Improvements to US 264 from Engelhard to Gateway, Hyde and Dare Counties; TIP Nos. R-3838 and R-3839 A field meeting was held on October 14, 1998. Attendees met at the rest area in Engelhard at 10:30 A.M., where each staff vehicle was staged until the conclusion of the meeting. All attendees were transported by van to Gateway where the project was described. During the briefing, environmental observations were made by R. Turner; design and other engineering details were provided by S. Baker and B. Capehart. Those attending included: Mr. Mike Bell, U.S. Army Corps of Engineers, Washington Mr. Tom Walker, U.S. Army Corps of Engineers, Washington Mr. David Moye, N.C. Division of Coastal Management, Washington Mr. Tom McCartney, U.S. Fish and Wildlife Service, Raleigh Ms. Beth Burns, N.C. Division of Marine Fisheries, Wanchese Mr. Richard Brewer, P.E., N.C. Department of Transportation, Raleigh Ms. Leslie Gordon, N.C. Department of Transportation, Raleigh Mr. Bob Capehart, P.E., N.C. Department of Transportation, Edenton Mr. Sterling Baker, N.C. Department of Transportation, Edenton Mr. Randy Turner, N.C. Department of Transportation, Edenton During the field reconnaissance phase of the meeting, the van was driven along the US 264 route from Gateway to Engelhard. Attendees were given an opportunity to view the route from the van, as well as from the ground at several stops along the way. Everyone had an opportunity to see, firsthand, the relationship between existing and proposed roadway, shoulder, guardrail, canal and wetland. Copies of cross-sections were used to verify anticipated slope-stake points (toe of fill). Even though a minimum cross-sectional design is being proposed, it is not possible to totally avoid impacts to the canal at several discrete points. 998 ROW SECT'. • `! E. NORRIS TOLSON P.O. Box 850, Edenton, NC 27932 (252) 482-7977 Fax: (252) 482-3826 Page 2 October 19, 1998 File Wooden stakes had been pre-positioned by a survey party at some of these canal impact zones. These areas were visited at one or two locations where it was demonstrated that the actual areas of impact would be quite small. During the project briefing at the start of the field reconnaissance numerous questions and/or pertinent comments were asked/made by agency staff. These questions/comments are presented below. Mike Bell, U.S. Army Corps of Engineers 1. Has it been determined which design (guardrail vs. no guardrail) would result in more highway injuries and/or deaths? 2. What effect will guardrail have on frequency of rebound collisions? 3. What is the current accident rate on this section of highway? David Moye, N.C. Division of Coastal Management 4. What provisions have been made for safe-guarding disabled drivers, who cannot pull their vehicle off the roadway because of the guardrail? 5. A construction moratorium will be enforced in those canal areas identified as Primary Nursery Areas. Beth Burns, N.C. Division of Marine Fisheries 6. Depending on the positioning of the proposed in-water work, it is entirely possible that no exceptions will be approved for construction during the moratorium even with devices such as sediment curtains in place. Responses to these questions and comments will be provided to the U.S. Army Corps of Engineers in a future letter. Copies of the letter will be provided to attendees and agencies not in attendance. Please inform me of any errors in reporting important aspects of the field meeting. If I have misstated an issue, or if I have neglected to mention an important item, I would appreciate hearing from you so I can correct the record. Thanks to all for your time and input. Cc: Meeting Attendees Mr. Roy Shelton, FHWA Ms. Cyndi Bell, NCDWQ Mr. David Cox, NCWRC Ms. Sara Winslow, NCDMF Mr. Ron Sechler, NMFS Mr. D. R. Conner, P.E., NCDOT Mr. William D. Gilmore, P.E., NCDOT y_ `t STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. E. NO C3?t, GOVERNOR RN October 29, 1998 s % -2 Michael F. Bell, Project Manager U.S. Arm Corps of Engineers Regulatory Division `N?pNP°SF Washington Regulatory Field Office P.O. Box 1000 Washington, North Carolina 27889 Dear Mr. Bell: SUBJECT: Safety improvements to US 264 from Engelhard to Gateway, Hyde and Dare Counties; TIP Nos. R-3838 and R-3839; State Project No. 8.1051901, Federal Aid No. STP-264(10) The following information is provided for your review and consideration, and is being given in response to questions raised by yourself and Mr. David Moye at the recent interagency field review for the subject project. Questions 1-3 were posed by Mr. Bell; question 4 was asked by Mr. Moye. --------------------------------------------------------- Prior to presenting the Department's response to these questions, it may be useful to provide some background information. The purpose and need for the overall project is twofold: (1) improve roadway safety by adding 2 feet of pavement on either side of roadway, and (2) install a barrier that will prevent or drastically reduce the incidents of accidental death from drowning in the deep canal which lies adjacent to the roadway. In the first instance, it is important to note that anecdotal evidence derived from local citizen comments and from Departmental observations reveals that driver confidence and security on this highway is low. This is partly due to the fact that drivers routinely encounter large logging trucks and other tractor trailer-type vehicles on a major U.S. route where the existing travel lane widths (9 feet) give drivers the undesirable impression of being too close to on-coming traffic. This feeling is magnified when concerned drivers are in the lane immediately adjacent to the canal and are meeting oncoming trucks in the opposite lane. When driver confidence and security is low, traffic safety declines. As evidence of low driver confidence, numerous individuals have stated for the record that P.O. Box 850, Edenton, NC 27932 (252) 482-7977 Fax: (252) 482-3826 Page 2 October 29, 1998 Mike Bell they don't dare travel US 264 without a hammer in their vehicle. (The purpose of the hammer is to break out a window if their vehicle goes in the canal.) The author has knowledge that some NCDOT employees, including the Area Traffic Engineer, carry hammers with them along this route for the exact same purpose. Furthermore, the 9 foot lane width is 2 feet below the minimal lane width allowed under design standards enforced today on similar highways. For arterial routes with design speeds over 50 mph and current traffic volumes of 0-1000 ADT the minimum lane width is 11 feet. As a foot note it is important to point out that if large trucks represent more than 10% of the total traffic volume, the roadway width should be increased to 12 feet. The Department is recommending 22 feet of pavement vs. the existing 18 feet of pavement for the 2-lane roadway. While issue one is focused on providing a safer roadway that will increase driver confidence and security, and will provide a larger pavement surface, the second issue is to prevent errant vehicles from ending up in the canal following an accident or other mishap. Statistics since 1988 reveal that 1 in 3 accidents on US 64 and US 264 involve a vehicle ending up in a canal or ditch. During the same time period, 1 out of 9 accidents involving a canal or ditch resulted in a fatality. Again, for the same period of time, 7 fatal accidents (resulting in 15 deaths) have occurred on US 64 and US 264 involving canals. it is sad to note that three of these fatal incidents have been recorded in the past 10 months, resulting in 7 deaths due to drowning. A public meeting was held in Manteo in January 1998 following the Christmas Day drowning deaths of a family of 4 in the canal near the US 64- US 264 intersection just outside of Gateway. The citizens who attended the meeting revealed strong and, at times, emotional feelings about the canals. Many of those in attendance spoke of their fears about the prospects of losing a friend or relative to the canals. Some have survived crashes that left them in one of the canals. of course, parents expressed particular concern about their children who occasionally have to drive a canal route at night and/or during the winter. (it was horrible to learn of the father, just this past September, who, after discovering that his daughter had not returned from an outing, went looking for her only to discover the car and the bodies of her and a friend in the canal just north of Stumpy Point.) The Department has legitimate concerns for the safety of motorists and their passengers along what is becoming a tragic section of highway. During its initial pre-planning sessions, the Department discussed a variety of concepts including installation of rumble strips in conjunction with enhanced markings and special signage; installation of a thick planting of shrubbery (i.e., Elaeagnus pungens, etc.), which could absorb the shock from collision by an errant vehicle; elimination of the deep water canals by filling them to within 3 feet of the surface; and the do nothing concept. Page 3 October 29, 1998 Mike Bell In the final analysis, based upon the level of concern among local citizens and the political mandate to solve the problem, the Department has chosen guardrail as the only reasonable and practicable design option that will effectively safeguard motorists from canal-vehicle mishaps. Note, the only other "fool-proof" option would be to fill the canals (to within 3 feet of the surface) at an estimated cost of $5-10 million, not counting the cost of needed improvements to the highway. Furthermore, the cost to environment from direct fills and from borrow operations (approximately 4 million cubic yards of borrow for US 264 canal) would be considerable. --------------------------------------------------------- Questions raised at the October 14 field meeting and the Department's responses are presented below. Question 1: Has it been determined which design (guardrail vs. no guardrail) would result in more highway injuries and/or deaths? Response: Without question, the Department is convinced that the installation of guardrail will prevent injuries and death that result when vehicles come to rest in the canal following some kind of vehicular mishap. Furthermore, the pavement widening described above will provide a wider surface for traveling vehicles. This wider travel lane will enhance operator confidence and should also keep more vehicles on the pavement during small crises that precede vehicles leaving the pavement (i.e., driver takes eyes off road for a brief moment to attend to some distraction; driver momentarily dozes off during a night trip; driver swerves to avoid an animal crossing the road; etc., etc.). Question 2: What about accidents that result from rebound from guardrail ? Response: The Department does not anticipate a problem with rebound collisions following the installation of metal beam guard rail. This phenomenon results when vehicles collide with an object and the vehicle rebounds, sometimes into an on-coming vehicle, resulting in potentially greater injury and loss of life. The rebound phenomenon is a function of several variables such as speed and trajectory of vehicle upon impact, relative horizontal and vertical geometry of roadway and adjacent guardrail where impact occurs, changes in micro-topography along the errant vehicle's pathway, part of vehicle involved in impact and composition and design of guardrail. Given the relatively obtuse (90°-180°) angle that will exist between the most predictable errant vehicle trajectories and the guardrail, it is likely that the collision will result in the vehicle "riding out the impact" along the face of the guardrail. Furthermore, this type guardrail will yield somewhat upon impact, a fact which increases the likelihood that the vehicle will "ride out" the impact. Page 4 October 29, 1998 Mike Bell Furthermore, even in those relatively rare circumstances where an errant vehicle may strike the railing at more acute angles, etc., the risk of colliding with on-coming traffic during a rebound event is very remote on US 264 given the fact that average traffic volume on this highway is only +/-550 vehicles per day. Question 3: What is the current fatality rate on this section of highway ? Response: Research into historical records dating back to 1988 reveals that for the Hyde County portion of the project (Engelhard to Hyde-Dare County Line) the fatal accident rate (accident rate which reflects at least one fatality per accident) is 4.82 fatal accidents per 100 million vehicular miles (facc/100mvm); the same statistic for the Dare County section of US 264 is 8.26 facc/100mvm. For comparison purposes, the average statistic for the same type highway for the entire state is 2.59 facc/100mvm. Question 4: What provisions have been made for safe-guarding disabled drivers, who will not be able to pull their vehicle off the roadway because of the narrow shoulders next to guardrail ? Response: There will be only 4 feet of shoulder between the outside edge of the travel lane and the face of the guardrail on US 264. (Note that the width of the proposed shoulder zone has been increased from 2 feet to 4 feet since the October 14 interagency field meeting. This change will not effect the proposed shoulder point, or the proposed toe of fill. Please see enclosed typical cross-sections.) In order to provide an adequate clear shoulder zone between the edge of travel lane and face of the guardrail wide enough to accommodate a parked vehicle, it would be necessary to place fill (granite rip rap) in a portion of the canal cross-section along virtually the entire length of the canal between Gateway and Engelhard. This work would cost an additional $5-10 million. Furthermore, wetland impacts would increase dramatically as would water quality impacts. Disabled vehicles on US 264 will only be able to pull partially off the roadway in the lane adjacent to the guardrail. However, given the average traffic volumes recorded for this section of highway, a risk analysis approach would suggest that the disabled motorist is going to experience a very low (and acceptable) risk of rear-end collision on US 264 if it becomes necessary to stop the vehicle adjacent to the guardrail. The risk is not zero, but it is low enough that it would be difficult to justify the expenditure of significant sums of additional tax revenues in an attempt to address it. As you can see, the Department is anxious to resolve what is becoming a chronic safety problem. In order to remain on track with scheduling expectations, the Department would like to be in a position to submit environmental permit applications within the next week or two. Please Page 5 October 29, 1998 Mike Bell provide the Department with your decision on whether the Corps intends to proceed under the General Permit 291 regulatory protocols, or whether you will require a separate regulatory track from that of the Division of Coastal Management. (Recall that our estimate of anticipated impacts to fringe wetlands adjacent to the toe of the roadway [average width of impact = 1.0 foot] is only 1-3 acres for the entire length of project, including both sides of road. Also, estimated impacts to canal at 7 discrete sites will be, cumulatively, less than 0.5 acre. Thank you for your considerable time and effort Please call me if I can assist in any way. Sincerely, M. Randall Turner, Division Environmental officer Planning & Environmental Branch-Division One Enclosure CC: Mr. Terry E. Moore (Attn:Messrs. David Moye & Frank Jennings), NCDCM Ms. Cyndi Bell, NCDWQ Mr. David Cox, NCWRC Ms. Sara Winslow (Attn: Ms. Beth Burns), NCDMF Mr. Tom McCartney, USFWS Mr. Ron Sechler, NMFS Mr. David Franklin, USACE Mr. Roy Shelton, FHWA Mr. D. R. Conner, P.E., NCDOT Mr. Richard Davis, P.E. (Attn: Mr. Richard Brewer, P.E.) Senator Marc Basnight i 4 S ? Q uw?nw ®oar. ro rm Q y iI119?vLL MCNOW A low I NVAW 1fC0 A I 4 ?I .O I Q. .O Q ? 0 Z W o a C o m H' ry 'C N N S ? N ? a C4 w z F A ° ZZ tog ZO L4 W • ? 1? , ? O I ° ? /vX?l ? S I ? ? 6 • 3 I I I a ZZ ? sl Z-4 i+ c+ O 7 ? 3 a o iyf ° al ? --- ------- qua (31998 DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers WETLANDS GROUT' Post Office Box 1890 Wr?TER UAIiTY SE Wilmington, North Carolina 28402-1890 ACTION ID No. 199502334 August 6, 1998 PUBLIC NOTICE PERMIT MODIFICATION THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION (NCDOT), DIVISION OF HIGHWAYS, Post Office Box 25201, Raleigh, North Carolina 27611-5201, was issued, on March 5, 1998, a Department of the Army (DA) permit TO FILL 13.22 ACRES OF SECTION 404 WETLANDS, MECHANIZE LAND CLEAR 3.83 ACRES OF SECTION 404 WETLANDS, DRAIN 2.79 ACRES OF SECTION 404 WETLANDS, AND FILL 0.05 ACRES OF OPEN WATERS OF THE UNITED STATES ADJACENT TO THE CROATAN SOUND, SPENCER'S CREEK AND UNNAMED TRIBUTARIES. THE NCDOT PROPOSES TO WIDEN APPROXIMATELY 10 MILES OF U.S. 64-264, INCLUDING CONSTRUCTING A NEW BRIDGE OVER THE CROATAN SOUND AND ADJACENT MARSHES, FROM US 64-264 WEST OF MANNS HARBOR TO NC 345 SOUTH OF MANTEO, IN DARE COUNTY, NORTH CAROLINA, TIP NO. R-2551, FEDERAL AID PROJECT NO. NHF-64(6), STATE PROJECT NO. 8."f05140I I. The permittee has applied for a modification to the permit to: 1. Fill an additional 1.22 acres of Section 404 Wetlands and fill 0.60 acres of open waters of the United States adjacent to the Croatan Sound to widen US 64 from the western terminus of the project to west of Manns Harbor (Station 8+89 to 34+02) . Geotechnical investigations had not been completed for this section of the permitted project prior to permit issuance. Due to the presence of deep, hydrophilic subsoil beneath the proposed footprint of the highway, wick drains would be needed to achieve a hard road subgrade. The roadway would have to be permitted higher than permitted elvations due the use of wick drains instead of excavating the muck. The final geotechnical investigations reveled that the roadway would encroach into 1.22 additional acres of wetlands located between the existing road and the canal and encroach approximately 5 feet into the canal (0.60 acres of surface acres). Revised permit drawings (Sheets 1-16, 28-29) are attached. Also see MOD 1 on attached Sheet 1. -2- 2. Eliminate the channel replacement immediately north of the channel fill discussed in (1.) above (Station 32+00 to 34+02). The excavation of the permitted replacement canal would have occurred within an adjacent estuarine forested wetland complex destroying 2.79 acres of adjacent coastal wetland. The loss of this section of canal will constitute a stream impact. NCDOT proposes to offset this loss of 492 linear feet of stream by utilizing the North Carolina Wetland Restoration Program. Also see MOD 2 of attached Sheet 1. 3. Modify special condition (t.) to allow for temporary construction impacts in 1.25 acres of palustrine wetlands and a temporary 700' long by 45' wide construction access bridge in open waters of the United States. The 1.25 acre wetland area is located at the permitted bridge take off area from Station 38+00 to Station 40+30 (attached plan sheets 18-19). The purpose of the construction access area is to provide for a material/equipment staging area, a concrete batch plant and a casting yard. In addition, the movement of the bridge's structural components that are cast on shore must be delivered to points southward. According to the permittee, the location of the logistics complex is important to the overall efficiency of the work flow. Due to the large size and weight of the structural components, a huge amount of resources would have been required if the batch plant and casting yard were located at some remote site. Efforts were made by the contractor and permittee to locate a large enough site within adjacent parcels to accommodate the needs of the logistics complex. Wetlands were encountered at every other site investigated. To compensate for the additional temporary wetland impacts NCDOT will eliminate the permitted construction access fills in wetlands at both ends of the bridge, and, instead, would construct temporary work bridges for construction access in wetland areas. This proposal would represent a net decrease in temporary wetland impacts of 0.73 acres for the project (See MOD 3 on attached Sheet 1). 4. Fill 0.30 acres of wetlands for the construction of a haul road to a high ground borrow area. The permittee's contractor proposes to install pipe culverts in existing ditches (Sheets 30-31). Geotechnical fabric will be placed under fill and the site will be repaired and restored at the conclusion of work in accordance with Permit conditions "p.", "q.", and "r.". The applicant has determined that the proposed work is consistent with the North Carolina Coastal Zone Management Plan and has submitted this determination to the North Carolina Division of Coastal Management (NCDCM) for their review and concurrence. This proposal shall be reviewed for the applicability of other actions by North Carolina agencies such as: a. The issuance of a Water Quality Certification under Section 401 of the Clean Water Act by the North Carolina Division of Water Quality NCDWQ). -3- b. The issuance of a permit to dredge and/or fill under North Carolina General Statute 113-229 by the North Carolina Division of Coastal Management (NCDCM). c. The issuance of a permit under the North Carolina Coastal Area Management Act (LAMA) by the North Carolina Division of Coastal Management (NCDCM) or their delegates. d. The issuance of an easement to till or otherwise occupy State-owned submerged land under North Carolina General Statute 143-341(4), 146-6, 146-11, and 146-12 by the North Carolina Department of Administration (NCDA) and the North Carolina Council of State. e. The approval of an Erosion and Sedimentation Control Plan by the Land Quality Section, North Carolina Division of Land Resources (NCDLR), pursuant to the State Sedimentation Pollution Control Act of 1973 (NC G.S. 113 A-50-66). The requested Department of the Army (DA) permit modification request will be denied if any required State or local authorization and/or certification is denied. No DA permit modification will be issued until a State coordinated viewpoint is received and reviewed by this agency. Recipients of this notice are encouraged to furnish comments on factors of concern represented by the above agencies directly to the respective agency, with a copy furnished to the Corps of Engineers. This modification is being considered pursuant to Section 404 of the Clean Water Act (33 U.S.C. 1344). Any person may request, in writing within the comment period specified in the notice, that a public hearing be held to consider this application. Requests for public hearing shall state, with particularity, the reasons for holding a public hearing. The District Engineer has consulted the latest published version of the National Register of Historic Places for the presence or absence of registered properties, or properties listed as being eligible for inclusion therein, and this worksite is not a registered property or property listed as being eligible for inclusion in the Register. Consultation of the National Register constitutes the extent of cultural resource investigations by the District Engineer, and he is otherwise unaware of the presence of such resources. Presently, unknown archeological, scientific, prehistorical, or historical data may be lost or destroyed by work under the requested permit modification. The District Engineer, based on available information, is not aware that the proposed activity will affect species, or their critical habitat, designated as endangered or threatened pursuant to the Endangered Species Act of 1973. The decision whether to issue a permit modification will be based on an evaluation of the probable impacts, including cumulative impacts, of the proposed activity and its intended use on the -4- public interest. Evaluation of the probable impacts which the proposed activity may have on the public interest requires a careful weighing of all those factors which become relevant in each particular case. The benefits which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. The decision whether to authorize a proposal, and if so the conditions under which it will be allowed to occur, are therefore determined by the outcome of the general balancing process. That decision should reflect the national concern for both protection and utilization of important resources. All factors which may be relevant to the proposal must be considered including the cumulative effects thereof. Among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards and flood plain values (in accordance with Executive Order 11988), land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. For activities involving the placement of dredged or fill materials in waters of the United States, a permit modification will be denied if the discharge that would be authorized by such modification would not comply with the Environmental Protection Agencies' 404(b)(1) guidelines. Subject to the preceding sentence and any other applicable guidelines or criteria, a permit modification will be granted unless the District Engineer determines that it would be contrary to the public interest. Generally, the decision whether to issue this Department of the Army (DA) permit modification will not be made until the North Carolina Division of Water (NCDW) issues, denies, or waives State certification required by Section 401 of the Clean Water Act. The NCDW considers whether or not the proposed activity will comply with Sections 301, 302, 306, and 307 of the Clean Water Act. The application and this public notice for the DA permit serves as application to the NCDW for certification. Additional information regarding the Clean Water Act certification may be reviewed at the offices of the Environmental Operations Section, North Carolina Division of Water (NCDW), Salisbury Street, Archdale Building, Raleigh, North Carolina. Copies of such materials will be furnished to any person requesting copies upon payment of reproduction costs. All persons desiring to make comments regarding the application for Clean Water Act certification should do so in writing delivered to the North Carolina Division of Water Quality (NCDWQ), PO Box 27687, Raleigh, North Carolina 27611-7687, on or before August 24, 1998, Attention: Mr. John Dorney. Written comments pertinent to the proposed work, as outlined above, will be received in this office, Attn: Michael F. Bell, Washington Regulatory Field Office, Post Office Box 1000, Washington, North Carolina 27889-1000, until 4:15 p.m., August 24, 1998, or telephone (919)975-1616, extension 26. i i I ? ?c 0 Z / oU mQ 41 cc W N 9L m (? 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SECRETARY April 7, Michael F. Bell, P.W.S., Regulatory Project M a r ?r? \f U. S. Army Corps of Engineers rye Washington Regulatory Field Office P.O. Box 1000 y? Washington, North Carolina 28779 ` N•J . Dear Mr. Bell: SUBJECT: Proposed Minor Modification to Department of the :army Permit No. 199502334 (Issued on March 4, 1998, Previously Modified September 24, 1998 and February 26, 1999): the Improvements to US 64-264, Including the Construction of a New Croatan Sound Bridge, from. West of Manns Harbor to NC 345, South of Manteo, in Dare County; Federal Aid Project No. NHF-64 (6); State Project No. 8.T051401; TIP No. R-2551 The Department of Transportation has determined that it must modify its original provisions for surface drainage along the highway right of way in the vicinity of w rite's Store and adjacent residential properties. The previous design called for collecting this stormwater and conveying it along a new drainage ditch to a point south of Boat Ramp Road where it would be discharged into the open surface waters of a canal. Since this original proposal would have required a permanent drainage easement (PDE) through private properties, and since the properties to be affected by the discharge are relatively small parcels, the drainage encroachment was considered to be overly intrusive. in addition, the surface water would have been discharged iritu an open waterway ailer being conveyed through a vegetated ditch. Since the ditch probably would have been maintained as an extension of the adjacent laNvriscapes, and the groundcover would probably have been kept closely cut; it would have seried as a poor filter of the storm water while in route to its uldmatc discharec. Unfortunately, this same ditch -ouid have been a fairly efficient conduit for the transport of lawn nutrients to the canal. I V, The existim; design prupuses iQ COIleCt ,:i:r fine •: uCvi -L ui ivrvte O f? Inlets alonj the right of way and to convey the effluent to a s-mall drainage ditch to be ccnstructed immediately north of the proposed roadway tali hetween Stations (+i.) 32-t-80 and 34+40 ;I figures 6-8). P.O. Box 850, Edenton, ,',X 27c-32 1252; 432-7977 F.-X: (252) 482-3826 Page 2 April 7, 1999 Michael F. Bell The proposed design revision will result in a small increase in wetland impacts. The additional impacts will occur in a scrub-shrub/emergent wetland, which lies immediately adjacent to the residentially developed portion of Manns Harbor. Anticipated impacts will actually occur along a narrow fringe of this community, which is dominated by saw grass (Cladium jamaicense) and pond pine (Pinus serotina) interspersed with bays (Persia borbonia, Myrica cerifera, etc.). These additional impacts will result from newly proposed fill (0.09 acre) and newly proposed excavation (0.12 acre), totaling 0.21 acre of additional impacts. Please note that, in the interest of minimization, the Department has eliminated the 10-foot wide mechanized clearing zone along the entire length of the proposed ditch. Compensatory Mitigation Proposal In order to compensate for the loss of an additional 0.21 acre of this wetland, the Department proposes to convert a section of roadway (including roadside shoulders and fill slopes) to saw grass marsh by removing the underlying pavement and aggregate base, and grading to natural wetland elevation. This portion of roadway is being replaced by a new location segment that will provide eastbound US 64 traffic with a continuous movement through the US 64-264 intersection at Gateway (Figures 2-5). The proposed restoration area approximates 1.4 acres in surface area and is located north and west of the proposed roadway between Stations (+/-) 12+00 and 16+00 (Figures 2-5). Following appropriate site preparation, including, but not limited to scarification of subsoil and top-dressing with several inches of an organic surface layer`, the Department proposes to establish an emergent wetland community comprisM, of saw grass. The natural landscape surrounding the restoration area is composed predominately of saw grass marsh. The reference ecosystem is the marsh complex lying adjacent to the roadside canal north of 'US 64-264 immediately east of Gateway (Figure 3). Saw grass clumps (2-3 stems per clump), to be obtained from a local source, will be planted at intervals of 30" (on centers) throughout the restoration area. Replicating the hydrology of the adjacent emergent community (reference ecosystem) should be a matter of establishing the appropriate surface elevations across the site followed by site preparation to loosen any tightly compacted soil zones. Emphasis will be given to limiting heavy equipment operation to the bare minimum required to get the job done followed by loosening up the substrate through scarification, etc. Hydrological and vegetation monitoring will be conducted for a period of 5 years. The hydrological success criterion dictates that the groundwater table must occur within the top 12 inches of the soil profile for at least 12.5% of the growing season, consecutively. Vegetation success will have been achieved when, at the end of the monitoring period, ' The Department will specifv -hat sufficient organic waste from, -he undercut of adjacent saw grass marsh (an activity authorized under the existing DOA,'401/CAMA permits) shall be stockpiled at an upland site to be used as top-dressing in the on-site marsh restoration area. Page 3 April 7, 1999 Michael F. Bell more than 50% of individual plants have survived and are growing, or growth of lp anted species has achieved aerial coverage of at least 751,'o of the site. If necessary, as indicated by monitoring data, appropriate remedial actions shall be undertaken by the Department as approved and directed by the USACE in consultation with partner agencies. Unfortunately, it is anticipated that implementation of the on-site wetland restoration effort will not be able to get underway until late winter/early spring 2002 due to conflicts with on-going construction activities and traffic staging during various construction phases of the roadway project. This project is somewhat more complex than the "typical" roadway project by virtue of the complicated staging that will be necessitated by de- watering and concomitant shoring requirements that will be pre-requisite to maintaining traffic flows throughout the construction interval. Your consideration is requested in processing this proposal as a "minor" modification. It is hoped that the USACE will find the Department's compensatory mitigation proposal attractive in its simplicity. Similar in its less formal conception to the Pembroke Creek Mitigation Site effort, it is felt that a successful mitigation effort can result from an effective collaboration among the Department, the USACE and the other partner agencies. An expedited approval is essential to meeting critical project scheduling. Please call me if I can provide any additional information. Thank you for your time and cooperation. Sincerely, in 4w4?-,ox0l M. Randall Turner, Senior Environmental Officer Project Development & Environmental Analysis Enclosures Cc: David R. Cox, NCWRC Tom McCartney, USFWS John Hennessey, NCDWQ Sara Winslow, NCDMF Charles Jones, NCDCM Ron Sechler, NMFS Randy Wise, P.E., NCDOT D. R. Conner, P.E., NCDOT William D. Gilmore, P.E., NCDOT t1nn?, 'awl •161tf. ? (',yMf10M' I ' . r.f• *DARE COUNTY I - I ?• 1- ^\ay? .rN.?! N.17 .?.n? be a?w /1 6 ? °?! Jam'(\1f1 trop S '.?a..?.....r Y. NOW ' I a. • SIw a { :,,cxm I3`p A R E - N I : ze,. : ?.t. 1 ?Rot" tt sr . ; ti R 0 a N O n F 11f•Ir t". Sbhe t? s seal " •:Nrir bdr_ - END PROJECT w [BEGIN ROJECT 0 c NORTH CAROLINA DEPARTMENT OF TRANSPORTATION ? DIVISION OF HIGHWAYS t. PLANNING AND VMRONMENTAL BRANCH 0 MILE 2 0 KILOMETERS 2.2 FIG. 1 I US 64 - 264 FROM US 264 TO NC 345 MANNS HARBOR AND MANTEO DARE COUNTY T.I.P. NO. R-2551 d w `' ? NO L Y NO \ 0 kZ\ o ] /` VW Vl"• •? -L ` 1 \ I N O =uW yyJJ J (9 J3U \? ° ? cJl I ? ? 1 i W I -J ? z'I I O 1 i? I _7? I rJ ? W \ ? r ^? I ? c ?z: ? I 1V? W i 1 I 1 (. ?7u ? 1t- 1 I?\ /r- rm N I I ' -A3?J ?- 00+01 N011V1S 3M h3iVN rte, r? s A Z F m a t 0 G O C G F 0 z v J v/ N 0 0 . 21 `V.I J V v ('V v L v cr, qlp I? I. II li I. II II it I, v ?I I/ I o W N / H3 i8 I' I I z 0 Qa?. w w c w °. c U z ce d oz LM N ?ot, ti c ?o n C 2 F m B c 0 c C G n F c z m c \X U O N O , O -Alai ?- 00+ l 'diS 3NI? HOidW ?N1, NO 1d W ?- 0? `g1 .d 15 5:2 E? v' O ? oz N ?. N cz. v ? O ? 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H0iM ---?"r -- I I i q. -°L---j no z F cn ? F Q ° z C+r W F ? \D ;' z ? ? o i `u Mj W L-. `r cn 1 ti ? z W. ------- I __- moo:--- ,:_-- r ------ _i_ IIE __? ? - --- err.----?- 6c 7-1 711 ? i I v E «o 6 _ I li r- - _ ?_ M u I I `? Y ?I ee I -- , 3 e` - ee zr wtlls Wad zz z v U cS x zz z c? c3 7A 'IM z 0 F t k°z t< t zz co z c o Y `? (? Y = ?? OIL =W ¢ b W NW yt -15 V O 3 . T': T 5 y -A36 ?- 00+b2 'd1S 3NI? Hai M o I W O M rr) z O w ? c N O i ?J v i I I I I. I I' i ?I I I c ?/z x O O O a I I c N O N O N Ln O Ln O Ln O Ln i O N Ln N F d F V) Z d - z d E- ? c F z c b O G Z C ? C C F. ao U C ? .?, ro U o U O ?o ?. .. z y `? C z 0 F z0 ? > i! C, 3 L rn < ?u ?z 0< 0j 03 zC zI w r C B c z C U F Z d O U C O c:: L N o o ? Lq N N State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Kerr T. Stevens, Director Mr. Bill Gilmore, P.E., Manager Planning & Environmental Branch N.C. Department of Transportation PO Box 25201 Raleigh, NC 27611-5201 Dear Mr. Gilmore 1 ! • NC ENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES May 17, 1999 Re: Certification Pursuant to Section 401 of the Federal Clean Water Act, Proposed New Croatan Bridge/Manteo Bypass, TIP R-2551, WQC Project # 970856, COE # 199702334 Dare County Attached hereto is a modification to Certification No. 3167 issued to the North Carolina Department of Transportation dated May 17, 1999 (original Certification was dated August 19, 1998). The attached modification authorizes an additional fill to 0.09 acres of wetlands and excavation to 0.12 acres of wetlands. It should be noted the modification is applicable only to the additional proposed activities. All the authorized activities and conditions of certification associated with the original Water Quality Certification dated August 19, 1998 still apply. In addition, the Department of Transportation agrees to mitigate the impacted 0.21 acres of wetland by restoring 1.4 acres of wetlands as described in the attached Mitigation Proposal submitted with the permit application dated April 7, 1999. If we can be of further assistance, do not hesitate to contact us. Attachments: Modification to WQC No. 3167 nc rel , 7r W: r T tevens cc: Wilmington District Corps of Engineers Corps of Engineers Washington Field Office Washington DWQ Regional Office Mr. John Dorney Mr. John Parker, Division of Coastal Management Central Files Division of Water Quality • Environmental Sciences Branch Enviro. Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper NORTH CAROLINA 401 WATER QUALITY CERTIFICATION THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ) Regulations in 15 NCAC 2H, Section .0500. It is issued to the NC DOT resulting in 0.21 acres of wetland impact in Dare County pursuant to revised application filed on the Th day of April 1999 to construct the Manteo Bypass/New Croatan Sound Bridge. The application provides adequate assurance that the discharge of fill material into the proposed wetlands in conjunction with the proposed development will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application and conditions hereinafter set forth. This approval is only valid for the purpose and design that you submitted in your application for modification. If you change your project, you must notify us and send us a new application for a new certification. If the property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed below. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion control, Coastal Stormwater, Non-discharge and Water Supply watershed regulations. Condition(s) of Certification: Appropriate sediment and erosion control practices which equal or exceed those outlined in the most recent version of two manuals. Either the "North Carolina Sediment and Erosion Control Planning and Design Manual" or the "North Carolina Surface Mining Manual" (available from the Division of Land Resources in the DEHNR Regional or Central Offices). The control practices shall be utilized to prevent exceedances of the appropriate turbidity water quality standard (50 NTUs in all fresh water streams and rivers not designated as trout waters; 25 NTUs in all lakes and reservoirs, and all saltwater classes; and 10 NTUs in trout waters); 2. All sediment and erosion control measures placed in wetlands or waters shall be removed and the natural grade restored after the Division of Land Resources has released the project; 3. Measures shall be taken to prevent live or fresh concrete from coming into contact with waters of the state until the concrete has hardened; 4. Should waste or borrow sites be located in wetlands or other waters, compensatory mitigation will be required since it is a direct impact from road construction activities; 5. Compensatory mitigation shall be done in accordance with the Mitigation Proposal submitted with your modification request and attached hereto. DWQ shall be copied on a detailed mitigation and monitoring plans as well as the annual reports for the entire length of the monitoring period. The draft mitigation plan shall be sent to DQW within one month of issuance of the 404 Permit. Violations of any condition herein set forth shall result in revocation of this Certification and may result in criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 and/or coastal Area Management Act Permit. This Certification shall expire upon expiration of the 404 or CAMA permit. If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty (60) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. If modifications are made to an original Certification, you have the right to an adjudicatory hearing on the modifications upon written request within sixty (60) days following receipt of the Certification. Unless such demands are made, this Certification shall be final and binding. This the 17th day of May 1999 DIVISION OF WATER QUALITY Modification to WQC No. 3167 Page 2 April 7, 1999 Michael F. Bell The proposed design revision will result in a small increase in wetland impacts. The additional impacts will occur in a scrub-shrubiemergent wetland, which lies immediately adjacent to the residentiaily developed portion of M: nns Harbor. Anticipated impacts will actually occur along a narrow fringe of this community, which is dominated by saw grass (Cladium jamaicerse) and pond pine (Pinus serocina) interspersed with bays (Persia borbonia, Myrica cerifera, etc.). These additional impacts will result from newly proposed fill (0.09 acre) and newly proposed -.xcavation (0.12 acre), totaling 0.21 acre of additional impacts. Please note that. in the interest of -minimization, the Department has eliminated the 10-foot NL71 de mechanized c:earng zone along the entire length of the proposed ditch. Compensatory Mitigation Pmoposal In order to compensate for the loss of an additional 0.21 acre of this wetland, the Department proposes to convert a section of roadway (including roadside shoulders and fill slopes) to saw grass marsh by removing the underlying pavement and aggregate base, and grading to natural we*dand elevation. This portion of roadway is being replaced by a new location segment that will provide eastbound LS 64 traffic with a continuous movement through the US 64-264 intersection at Gateway (Figures 2-6). The proposed restoration area approximates 1.4 acres in surface area and is located north and west of the proposed roadway between Stations (+/-) 12--00 and 16+00 (Figures 2-5). Following appropriate site preparation, including, but not limited to scarification of subsoil and top-dressin; R;ith several inches of an orsaruc surface layer', the Department proposes to establish an emergent wetland community comprised of saw grass. The natural landscape surrounding the restoration area is composed predominately of saw grass marsh. The reference ecosystem is the marsh complex lying adjacent to the roadside canal north of US 64-26= immediazeiv east of Gateway (Figure 3). Saw grass clumps (2-3 steals per clump), to be obtained from a local source, will be planted at intervals of 30" (on cente.s) throughout the restoration area. Replicating the hydrology of the adjacent emergent cormunity (reference ecosystem) should be a matter of establishing the appropriate surface elevations across the site followed by site preparation to loosen any tightly compacted soil zones. Emphasis will be given to limiting heavy equipment operation to the bare minimum required to get the job done followed by loosening up the substrate :hrough scarification, etc. Hydrologi cal and vegetation monitoring will be conducted for a period of 5 years. The hydrological success criterion dictates that -he groundwater table must occur within the top 12 inches of the soil profile for at least 12.5% of :he growing season, consecutively. Vegetation success will have been achieved when, at the end of the monitoring period, ' The Department rill specify :.at sufficient organic waste from ?e undercut of adjacent saw grass 7nn!-sh (an activity authorized under a existing DOA,'40l/CANL-k pernits) shall be stockpiled at an upland site to be used as top-dressing in the en-site ma.-:.? restoration area. Page 3 April 7, 1999 Michael F. Bell more than 50% of individual plants have survived and are growing, or growth of planted species has achieved aerial coverage of at least 759'o of the site. If necessary, as indicated by monitoring data, appropriate remedial actions shall be undertaken by the Department as approved and directed by the USACE in consultation with partner agencies. Unfortunately, it is anticipated that implementation of the on-site wetland restoration effort will not be able to get underway until late winter/early spring 2002 due to conflicts with on-going construction activities and traffic staging during various construction phases of the roadway project. This project is somewhat more complex than the "typical" roadway project by virtue of the complicated staging that will be necessitated by de- watering and concomitant shoring requirements that will be pre-requisite to maintaining traffic flows throughout the construction interval. Your consideration is requested in processing this proposal as a "minor" modification. It is hoped that the USACE will find the Department's compensatory mitigation proposal attractive in its simplicity. Similar in its less formal conception to the Pembroke Creek Mitigation Site effort, it is felt that a successful mitigation effort can result from an effective collaboration among the Department, the USACE and the other partner agencies. An expedited approval is essential to meeting critical project scheduling. Please call me if I can provide any additional information. Thank you for your time and cooperation. Sincerely, M. Randall Turner, Senior Environmental Officer Project Development & Environmental Analysis Enclosures Cc: David R. Cox, NCWRC Tom McCartney, USFWS John Hennessey, NCDWQ Sara Winslow, NCDMF Charies Jones, NCDCM Ron Sechler, NMFS Randy Wise, P.E., NCDOT D. R. Conner, P.E., NCDOT William D. Gilmore, P.E., NCDOT State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director Mr. Bill Gilmore, P.E., Manager Planning and Environmental Branch N. C. Department of Transportation PO Box 25201 Raleigh NC 27611-5201 Dear Mr. Gilmore: 4 00 NC ENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES August 19, 1998 Re: Certification Pursuant to Section 401 of the Federal Clean Water Act, Proposed New Croatan Bridge/ Manteo Bypass WQC Project # 970856 COE # 199702334 Dare County Attached hereto is a copy of Certification No. 3167 issued to the N. C. Department of Transportation dated August 19, 1998. If we can be of further assistance, do not hesitate to contact us. Sincere OPPon Howard, J . P E. Attachments 3167.wgc cc: Wilmington District Corps of Engineers Corps of Engineers Washington Field Office Washington DWQ Regional Office Mr. John Dorney Mr. John Parker, Division of Coastal Management Central Files Division of Water Quality • Environmental Sciences Branch Enviro. Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper NORTH CAROLINA 401 WATER QUALITY CERTIFICATION THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ) Regulations in 15 NCAC 2H, Section .0500 to the NC DOT resulting in 18.80 acres of wetland impact in Dare County pursuant to an application filed on the 6th day of October 1997 and a modification request filed July 10, 1998 to construct the Manteo Bypass/New Croatan Sound Bridge. The application provides adequate assurance that the discharge of fill material into the waters of Currituck Sound and Sawyer Creek in conjunction with the proposed development will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application and conditions hereinafter set forth. This approval is only valid for the purpose and design that you submitted in your application, as described in the Public Notice. If you change your project, you must notify us and send us a new application for a new certification. If the property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed below. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion control, Coastal Stormwater, Non-discharge and Water Supply watershed regulations. Condition(s) of Certification: Appropriate sediment and erosion control practices which equal or exceed those outlined in the most recent version of the "North Carolina Sediment and Erosion Control Planning and Design Manual" or the "North Carolina Surface Mining Manual" (available from the Division of Land Resources in the DEHNR Regional or Central Offices) shall be utilized to prevent exceedances of the appropriate turbidity water quality standard (50 NTUs in all fresh water streams and rivers not designated as trout waters; 25 NTUs in all lakes and reservoirs, and all saltwater classes; and 10 NTUs in trout waters); 2. All sediment and erosion control measures placed in wetlands or waters shall be removed and the natural grade restored after the Division of Land Resources has released the project; 3. Post-construction monitoring of Submerged Aquatic Wetland communities shall be conducted in accordance with techniques discussed in the EA/FONSI and permit application if mitigation is determined to be required. DWQ shall be involved in the negotiation of the mitigation plan. 4. Should waste or borrow sites be located in wetlands, compensatory mitigation is required since it is a direct impact form road construction activities. 5. Measures shall be taken to prevent live or fresh concrete from coming into contact with waters of the state until the concrete has hardened; 6. Mitigation for wetland impacts shall be implemented at the Mashoes Road Mitigation Site (MRMS) and Dismal Swamp Mitigation Site (DSMS), as proposed in your permit application and the plans approved for these two sites. For accounting purposes, this Certification authorizes the fill of 11.33 acres of riparian wetlands and 7.47 acres of non-riparian wetlands, in the Pasquotank River and subbasin and 11.33 acres of riparian restoration at MRMS are required. You have also committed to debiting 1.5 acres of riparian restoration at DSMA to further compensate for impacts to 0.75 acre of riparian wetlands at Site 10. The 7.47 acres of non-riparian wetland impact shall be mitigated at MRMS. 7. We understand that you have chosen to contribute to the Wetland Restoration Program (WRP) in order to compensate for impacts to naturalized canals. In accordance with 15A NCAC 2R. 0500, this contribution will satisfy our compensatory mitigation requirements under 15A NCAC 2H. 0506(h). 555 feet of stream restoration were required in accordance with the 401 Water Quality Certification issued November 26, 1997. In accordance with your modification request of July 8, 1998, an additional 492 feet of stream restoration will be required for a total of 1047 feet. Until the WRP receives and clears your check (made payable to DENR-Wetlands restoration Program) stream fill shall not occur. Mr. Ron Ferrell should be contacted at 919-733-5083 ext. 358 if you any questions concerning the WRP. You have one month from the date of this Certification to make this payment. For accounting purposes, this Certification authorizes the fill of 1047 feet of streams in the Pasquotank River and subbasin and 1047 feet of restoration are required. This would require a $130,875 total contribution to the WRP, $69,375 of which was paid by DOT following issuance of the November 26, 1997 certification. Up to 1.55 acres of temporary fill in wetlands will be required to build haul roads and staging areas. All temporary fill material must be removed from construction access areas. On May 27, 1997, DWQ submitted a draft restoration policy for temporary impact areas to DOT. We anticipate sending this policy to Public Notice before the end of November 1997 and finalizing it prior to construction of this project. Restoration of temporary impact areas shall be conducted in accordance with the final version of this policy. Violations of any condition herein set forth shall result in revocation of this Certification and may result in criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 and/or coastal Area Management Act Permit. This Certification shall expire upon expiration of the 404 or CAMA permit. If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty (60) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. If modifications are made to an original Certification, you have the right to an adjudicatory hearing on the modifications upon written request within sixty (60) days following receipt of the Certification. Unless such demands are made, this Certification shall be final and binding. This the 19th day of August 1998 DIVISION OF WATER QUALITY e on ow , Jr. P WQC # 970856 NORTH CAROLINA - DIVISION OF WATER QUALITY 401 WATER QUALITY CERTIFICATION SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS In accordance with 15A NCAC 2H .0500, NC DOT DWQ Project # 970856 is authorized to impact the surface waters of the state of North Carolina as indicated below for the purposes of constructing the Manteo Bypass. All activities associated with these authorized impacts must be conducted in accordance with the conditions listed in the attached certification transmittal letter. THIS CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS. COMPENSATORY MITIGATION REQUIREMENT FOR WETLAND RESTORATION LOCATION: New US 64-264 Manteo Bypass, including New Croatan Sound Bridge COUNTY: Dare BASIN/SUBBASIN: Pasquotank As required by 15A NCAC 2H .0506, and the conditions of this certification, you are required to compensate for the above impacts through the restoration, creation, enhancement or preservation of wetlands and surface waters as outlined below prior to conducting any activities that impact or degrade the waters of the state. Note: Acreage requirements proposed to be mitigated through the Wetland Restoration Programs must be rounded to one-quarter acre increments according to 15A 2R.0503(b) 18.80 acres of Class WL wetlands 11.33 acres of riparian wetlands including 11.33 Mashoes road Mitigation Site 1.5 Dismal Swamp Mitigation Site 7.47 acres of non-riparian wetlands at MRMS acres of Class SWL wetlands 1047 linear feet of stream channel (WRP) (other) One of the options you have available to satisfy the compensatory mitigation requirements is through the payment of a fee to the Wetlands Restoration Fund per 15A NCAC 2R .0503. If you choose this option, please sign this form and mail it to the Wetlands Restoration Fund at the address listed below. An invoice for the appropriate amount of payment will be sent to you upon receipt of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE WETLANDS RESTORATION PROGRAM. Signature Date WETLANDS RESTORATION PROGRAM DIVISION OF WATER QUALITY P.O. BOX 29535 RALEIGH, NC 27626-0535 (919) 733-5083 ext. 358 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 September 24, 1998 IN REPLY REFER M Regulatory Division Action ID No. 199502334 Mr. William D. Gilmore, P.E., Manager Planning and Environmental Branch North Carolina Department of Transportation Post Office Box 25201 Raleigh, North Carolina 27611-5201 Dear Mr. Gilmore: 029M I ?? Reference the Department of the Army (DA) permit issued to you on March 5, 1998 associated with the widening of approximately 10 miles of U.S. 64-264, including constructing a new bridge over the Croatan Sound and adjacent marshes, from US 64-264 West of Manns Harbor to NC 345 South of Manteo, in Dare County, North Carolina (TIP No. R-2551, Federal Aid Project No. NHF-64(6), State Project No. 8.T051401). Also reference your subsequent written request dated July 8, 1998 for a permit modification to: a. Fill an additional 1.22 acres of Section 404 Wetlands and fill 0.60 acres of open waters of the United States adjacent to the Croatan Sound to widen US 64 from the western terminus of the project to west of Manns Harbor (Station 8+89 to 34+02). Geotechnical investigations had not been completed for this section of the permitted project prior to permit issuance. Due to the presence of deep, hydrophilic subsoil beneath the proposed footprint of the highway, wick drains are needed to achieve a hard road subgrade. The roadway would have to be constructed higher than permitted elevations due the use of wick drains instead of excavating the muck. The final geotechnical investigations revealed that the roadway would encroach into 1.22 additional acres of wetlands located between the existing road and the canal and encroach approximately 5 feet into the canal (0.60 acres of surface acres). Revised permit drawings (Sheets 1-16, 28-29) are attached. Also see MOD 1 on attached Sheet 1. b. Eliminate the permitted channel replacement immediately north of the channel fill discussed in (a.) above (Station 32+00 to 34+02). The excavation of the permitted replacement canal would have occurred within an adjacent estuarine forested wetland complex destroying 2.79 acres of adjacent coastal wetland. e f 2 These 2.79 acres of wetland will not be impacted with the proposed modification. In addition, since the replacement channel, which was to compensate for open water impacts caused by the project impact on the existing channel, will not be constructed, NCDOT proposes to compensate for these open water impacts by utilizing the North Carolina Wetland Restoration Program (WRP). The NCDOT proposes to offset this open water habitat loss by payment of $61,500 (492 linear feet x $125 per linear foot) into the WRP. Also see MOD 2 of attached Sheet 1. c. Modify special condition (t.) to allow for temporary construction impacts in 1.25 acres of palustrine wetlands and a temporary 700' long by 45' wide construction access bridge in open waters of the United States. The 1.25 acre wetland area is located at the permitted bridge take off area from Station 38+00 to Station 40+30 (attached plan sheets 18-19). The purpose of the construction access area is to provide for a material/equipment staging area, a concrete batch plant and a casting yard. In addition, the movement of the bridge's structural components that are cast on shore must be delivered to points southward. According to the permittee, the location of the logistics complex is important to the overall efficiency of the work flow. Due to the large size and weight of the structural components, a huge amount of resources would have been required if the batch plant and casting yard were located at some remote site. Efforts were made by the contractor and permittee to locate a large enough site within adjacent parcels to accommodate the needs of the logistics complex. Wetlands were encountered at every site investigated. To compensate for the additional temporary wetland impacts NCDOT will eliminate the permitted construction access fills in wetlands at both ends of the bridge, and, instead, would construct temporary work bridges for construction access in wetland areas. This proposal would represent a net decrease in temporary wetland impacts of 0.73 acres for the project (See MOD 3 on attached Sheet 1). d. Fill 0.30 acres of wetlands for the construction of a haul road to a high ground borrow area. The permittee's contractor proposes to install pipe culverts in existing ditches (Sheets 30-31). Geotechnical fabric will be placed under the fill and the site will be repaired and restored at the conclusion of work in accordance with Permit Conditions "p.", "q.", and "r.". This modification request has been coordinated by public notice dated August 6, 1998 with the North Carolina Division of Water Quality, and other appropriate State and Federal agencies. The National Marine Fisheries Service (NUTS) by letter dated August 13, 1998 requested additional mitigation to offset project impacts. After careful evaluation of the NMFS request, I have concluded that, after the temporary fills have been restored, the proposed modification would result in an overall wetland savings of 1.12 acres. Accordingly, I do not concur with the NMFS request and have decided not to require additional mitigation. 3 Therefore, the permit is hereby modified in accordance with the specific work activities described above. It is understood that all conditions of the original permit remain applicable and that the expiration date is unchanged. In addition, the permittee will comply with the following special permit conditions: hh. The temporary construction staging area shall not exceed 1.25 acres and clearing, not grubbing, shall be the method of vegetation removal, and earthen material shall be introduced only after geotechnical fabric has been installed. ii. All fill and fabric associated with the temporary construction staging area shall be removed within 30 days of-the completion of the casting work. All areas impacted by the temporary fill shall be restored to preconstruction elevations and contours. jj. The wetland sites impacted by temporary construction staging area shall be monitored to insure that native vegetation is colonizing. If the site has not achieved 80% areal coverage of native vegetation within one year of the date the fill material is removed, the applicant will plant the site with a mixture of species deemed appropriate by the Corps of Engineers. Any questions regarding this correspondence may be directed to Mr. Michael Bell, NCDOT Coordinator/Regulatory Project Manager at the Washington Regulatory Field Office, telephone (919) 975-1616, extension 26. Sincerely, Terry R. Youngbluth Colonel, U.S. Army District Engineer Enclosures 4 Copies Furnished (with enclosures): Mr. Randall Turner North Carolina Department of Transportation Division I Environmental Officer 113 Airport Drive, Suite 100 Post Office Box 850 Edenton, North Carolina 27932 Copies Furnished (without enclosures): Mr. John Parker Division of Coastal Management North Carolina Department of Environment and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. John Dorney Division of Water North Carolina Department of Environment and Natural Resources Wetlands and Aquatic Plants 4401 Reedy Creek Road Raleigh, North Carolina 27607 Mr. Larry Hardy National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 Mr. John M. Hefner U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. William L. Cox, Chief Wetlands Regulatory Section - Region IV U.S. Environmental Protection Agency Atlanta Federal Center 61 Forsyth Street, SW Atlanta, Georgia 30303 61 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: NC Department of Transportation, Croatan Sound Bridge CAMA Major Permit 7-98 Major Modification 2. LOCATION OF PROJECT SITE: Intersection of US 64-264 Manns Harbor, east across Croatan Sound and bridge approach on Roanoke Island Photo Index - See Attachment #1 State Plane Coordinates - X: 2960000 Y: 793600 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 28 May 1998 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received - 26 August 1998 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Dare County Land Classification From LUP - Community/Conservation (B) AEC(s) Involved: PTA, ES, EW, CW (C) Water Dependent: Yes (D) Intended Use: Public (E) Wastewater Treatment: Existing - N/A Planned - N/A (F) Type of Structures: Existing - Roadway for US 64/264 Planned - Widened roadway and temporary trestle pier (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: PERMANENT IMPACTS [AREA] nR FnGFD FTT,T .FD OTHER (A) Vegetated Wetlands 1.22 acres (B) Non-Vegetated Wetlands PTA .6 acre (C) Other CW 2.78 acres See Attachment #2 for TEMPORARY IMPACTS (D) Total Area Disturbed: 6.105 acres (E) Primary Nursery Area: No (F) Water Classification: SA Open: No 8. PROJECT SUMMARY: The applicant proposes a modification of his existing CAMA Major Permit 7- 98. The proposal includes the permanent filling of .6 acres of Public Trust Area and 1.22 acres of Section 404 wetlands, the deletion of the permitted excavation of 2.78 acres of Coastal Wetland, the construction of a temporary work trestle 45' x 700' in the Public Trust Area and Estuarine Waters and modification to the shore-based temporary work bridges. Development at an upland borrow site is also proposed. ATTACHMENT #1 PHOTO INDEX REFERENCES - 122 West Side of Croatan Sound: 179-1847 A 6, B 6, C 6 and D 6 E 5&61 F 5&6, G 5&6, H 5&6, 15&6 and J 5&6 K 5, L 5, M 5, N 5 and 0 5 P 4&5, Q 4&5, R 4&5, S 4&5, T 4&5, U 4&5, V 4&5 and W 4&5 East Side of Croatan Sound: 181-1866 V 6&7, U 6&7 and X 6&7 12$2 West Side of Croatan Sound: 1564 A 7&8, B 7&8 C 8,9&10 D 9&10 E10&11,F 10&11andG 10&11 H11,I11andJ11 K 10&11, L 10&111 M 10&11, N 10&11, O 10&11, P 10&11 and Q 10&11 R 10, S 10, T 10, and U 10 V 9&10, W 9&10 and 9&10 East Side of Croatan Sound: A 12&13, B 12&13 D-F 13 12$4 West Side of Croatan Sound: 15410 Not available East Side of Croatan Sound: 142-1577 A-I 5 ATTACBAIENT #2 Public Trust Area & Estuarine Waters Shaded Estuarine Shoreline Shaded Coastal Wetland Shaded Section 404 Wetland Shaded Filled 1.972 acres .077 acres 1.054 acres .882 acres .30 acres Total Temporary impacts 4.285 acres NCDOT Major Modification #7-98 Bio Report Page Two On 24 August 1998 a request was received by this office from the North Carolina Department of Transportation to modify CAMA Major Permit No. 7-98. The permit was issued 20 January 1998 to authorize construction of the Croatan Sound Bridge, Spencers Creek Bridge and to widen portions of US 64-264 in Dare County, North Carolina. The modification request includes the following items: (1) An alignment shift and extension of the roadway at the western project terminus, west of Manns Harbor at the US 64-264 "Y". The proposed roadway shift will require fill to be placed in the canal and fringe wetland located adjacent to the north shoulder of the existing US 64 roadway. The alignment shift proposal also includes fill to be placed in the canal adjacent to the north shoulder of the existing roadway for US 64-264 between the "Y" and Spencers Creek. The impacts of the proposed alignment will be .60 acres of Public Trust Area filled and 1.22 acres of Section 404 wetlands filled. Temporary water turbidity will occur during construction. (2) Filling an isolated section of canal west of Manns Harbor and east of Spencers Creek. The applicant is requesting not to be required to excavate a replacement canal in Coastal Wetlands to mitigate the loss of an existing canal section that will be filled as a result of the permitted project. The impact of this request would eliminate the permanent loss of approximately 2.78 acres of Coastal Wetland AEC. This area is described as Site I in the 11 November 1997 Field Report submitted by Lynn Mathis of the Elizabeth City Office of the Division of Coastal Management. (3) Logistics complex change, Manns Harbor and Roanoke Island. The applicant is requesting to construct a temporary supply trestle 700 ft. long and 45 ft. wide in the Croatan Sound approximately 700 ft. northwest of the proposed permanent bridge alignment. The purpose of the trestle is to allow the contractor to move concrete pilings from a casting yard (to be located inland and north of the proposed permanent bridge alignment) to a transport barge. A rail system will be constructed to move the pilings from the casting yard, over a wooden ramp in the Estuarine Shoreline, to the trestle and out to the barge. The water depth at the proposed barge loading area is 6 ft. The impacts will include 31,500 sq. ft. of Public Trust Area and Estuarine Waters AECs temporarily shaded by the trestle and 3,375 sq. ft. of Estuarine Shoreline being temporarily covered by the ramp. The applicant also requests to change the location and footprint of the permitted temporary work bridge (Site VI). The work bridge is to be placed on the north side of the proposed permanent bridge structure and to have finger offsets between each bent to accommodate work cranes. The main 40 ft. wide section of the work bridge will extend 965 ft. from NWL with a 6 ft. x 132 ft. pier located at the waterward end. The length of the NCDOT Major Modification #7-98 Bio Report Page Three proposed north side work bridge is comparable to the permitted southside combination work bridge and sunken barge, relative to the proposed permanent structure. This proposal would eliminate the need for the sunken barges and the impacts associated with their placement (Site V and VII) in the Public Trust Area and Estuarine Waters AECs. Because of the nature of the shoreline and the addition of the finger offsets, approximately 1.093 acres of Public Trust Area and Estuarine Waters will be temporarily shaded by the work bridge. The proposal will also result in .624 acres of Coastal Wetland AEC temporary shading. On the Roanoke Island side of the project area, the modifications that are proposed include the following: (A) Eliminate the sunken barge (Site VII). (B) Add finger offsets (Site VIII) to temporary work bridge which would shade .23 acres of Coastal Wetland and .046 acres of Public Trust Area. (C) Lengthen temporary work bridge waterward by 100 ft. and add a 6 ft. x 130 ft. pier at the waterward end of the work bridge which would cause shading of .11 acres of Public Trust Area and Estuarine Waters AECs. (D) Eliminate the temporary haul road and associated fill and replace with the temporary work bridge (Site IXA and IXB). The proposal would result in .882 acres of temporary shading of 404 wetlands and .2 acres of Coastal Wetlands AEC. (4) Wetland fill at borrow site. This proposal involves the placement of fill in a 404 wetland for a road crossing to access the site. There is no CAMA AEC involvement, however; .30 acres of 404 wetland will be temporarily filled. Submitted by: Frank A. Jennings, III Date: 25 August 1998 Form DCM-MP-1 MAJOR MODIFICATION APPLICATION (To be completed by all applicants) b. City, town, community or landmark 1. APPLICANT Manns Harbor, Manteo c. Street address or secondary road number US 64-264 a. Landowner: d. Is proposed work within city limits or planning jurisdiction? X Yes No Name N. C. Department of Transportation e. Name of body of water nearest project (e.g. river, creek, sound, bay) Spencer Creek, Croatan Sound Address P.O. Box 25201 City Raleigh State N.C. 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT Zip 27611-5201 Day Phone (919) 733-3141 Fax (919) 733-9794 b. Authorized Auent: Name M. Randall Turner. Div. Environ. Officer Address P.O. Box 850 City Edenton State N.C. Zip 27932 Day Phone (252) 482-7977 Fax (252) 482-3826 c. Project name (if any) R-2551:Improvements to US 64-264 (Manteo Bypass) NOTE: Permit will be issued in name of landowner(s), and/or project name. 2. LOCATION OF PROPOSED PROJECT a. County Dare Revised 03/95 a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. Shift of alienment west of Manns Harbor to include larger impacts to canal; forego excavation in CW to replace filled canal; construct temporary trestle in Croatan Sound; modify temp const. Access from wetland fill to temp. Bridges; add crane fingers to temp access bridges; construct temp concrete batch plant and pile casting yard partly in 404 wetlands; temp. fill of 0.3 acre of 404 wetlands at borrow site east of Alligator River b. Is the proposed activity maintenance of an existing project, new work, or both? New work c. Will die project be for public, private or commercial use? Public d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach additional pages. PURPOSE: To facilitate improved emersencv evacuation durins hurricanes; to improve traffic movements between beaches and mainland destinations/alleviate traffic congestion in Manteo; USE: Public transportation; METHODS OF CONSTRUCTION: Standard roadway and bridge construction methods; DAILY OPERATIONS: Conveyance of vehicular traffic Form 'DCM-MP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract N/A b. Size of individual lot(s) N/A c. Approximate elevation of tract above MHW or NW L From + /- 0-5 feet above MHW (USGS) d. Soil type(s) and texture(s) of tract See Attachment PuA, HoA, BvA, JoA, BaC, IcA, CuA, LeA e. Vegetation on tract varies: estuarine marsh, pine- dominated forest, mixed forest f. Man-made features now on tract existing US 64- 264-SR 1105-NC 345, canals, bridge (Spencer Crk), impoundments, 2-story commercial bldg g. What is the CAMA Land Use Plan land classification of the site? (Consult the local land use plait.) X Conservation Transitional Developed X Community Rural Other h. How is the tract zoned by local government? R-2. C-3 and I-1 i. Is the proposed project consistent with the applicable zoning? X Yes No (Attach zoning compliance certificate, if applicable) j. Has a professional archaeological assessment been done for the tract? X Yes No If yes, by whom? NCDOT Archaeologists k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes X No Are there wetlands on the site? X Yes _ No Coastal (marsh) X Other X If yes, has a delineation been conducted? Yes (Attach documentation, if available) MAJOR MODIFICATION m. Describe existing wastewater treatment facilities. N/A n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges.) Surface runoff from roadwav and bridge surfaces; stormwater to be collected from portions of both ends of bridge and retained landward of bridge o. Describe existing drinking water supply source. N/A 5. ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: • A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. • An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale in black ink on an 8 1/2" by 11" white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue-line prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to Revised 03/95 Form DCM-MP-1 the site. Include highway or secondary road (SR) numbers, landmarks, and the like. •A Stormwater Certification, if one is necessary. •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. Upon signing this form, the applicant further certifies that such notice has been provided. Name Faye D. Austin Address P.O. Box 250 Name Lori M. Hux Address P.O. Box 325 Manns Harbor, NC 27953 Manns Harbor, NC 27953 Name Alice Creef Tillett Address 7137 Highway 64/264 Manus Harbor, NC 27953 • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. LAMA No. 7-98; DOA No. 199502334; DWQ No. 3167; USCG No. 2-98-5; NC Stormwater No. SW7971201 • A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. • A signed AEC hazard notice for projects in oceanfront and inlet areas. • A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - 1 to 10) If the project involves the expenditure of public funds or use of public lands, attach a statement MAJOR MODIFICATION documenting compliance with the North Carolina Environmental Policy Act. 6. 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 conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. 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. This is the 25th day of August , 19 98 Print Name M. Randall Turner Signature 0 Landowner or Authorized Agent -? I Please indicate attachments pertaining to your proposed project. X DCM MP-2 Excavation and Fill Information _ DCM MP-3 Upland Development X DCM MP-4 Structures Information _ DCM MP-5 Bridges and Culverts DCM MP-6 Marina Development NOTE. Please sign and date each attachment in the space provided at the bottom of each form. Revised 03/95 Form- DCM-NIP-2 MAJOR MODIFICATION EXCAVATION AND FILL (Except bridges and culverts) 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. Describe below the purpose of proposed excavation or fill activities. All values to be given in feet. Average Final Existing Project Length Width Depth Depth Access channel (MLW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shoreline stabilization) 2,256ft 8-12ft 3-8ft 3-8ft 1. EXCAVATION N/A a. Amount of material to be excavated from below MHW or NWL in cubic yards b. Type of material to be excavated c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? Yes No d. High ground excavation in cubic yards 2. DISPOSAL OF EXCAVATED MATERIAL N/A a. Location of disposal area b. Dimensions of disposal area c. Do you claim title to disposal area? Yes No if no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? _ Yes _ No If yes, where? e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes No Revised 03/95 Form DCM-MP-2 MAJOR MODIFICATION f. Does the disposal include any area in the water? b. Will fill material be placed in coastal wetlands Yes No (marsh), SAVs or other wetlands? 3. SHORELINE STABILIZATION N/A a. Type of shoreline stabilization Bulkhead Riprap b. Length c. Average distance waterward of MHW or NWL d. Maximum distance waterward of MHW or NWL X Yes No If yes, (1) Dimensions of fill area 1.22 acres (+/-) 8,360 ft X 6.5 ft (2) Purpose of fill Roadway Widening: Fill to be expanded toward canal to avoid sawgrass marsh on south side of road; expansion of fill due to organic subsoils which must be dewatered; fill to be surcharged on existing roadway area to accommodate settling during de-watering e. Shoreline erosion during preceding 12 months 5. GENERAL (Source of infonnation) f. Type of bulkhead or riprap material g. Amount of fill in cubic yards to be placed below water level (1) Riprap (2) Bulkhead backfill h. Type of fill material i. Source of fill material a. How will excavated or fill material be kept on site and erosion controlled? Strict adherence to the NCDOT's Best Management Practices for the Protection of Surface Waters in North Carolina; stormwater design b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? cranes, tracked excavators, barges, trucks, etc. c. Will wetlands be crossed in transporting equipment to project site? X Yes No If yes, explain steps that will be taken to lessen environmental impacts. Temporary fills will be used in 404 wetlands to access a borrow site 4. OTHER FILL ACTIVITIES and as part of proposed logistics complex (Excluding Shoreline Stabilization) a. Will fill material be brought to site? X Yes No If Yes, (1) Amount of material to be placed in the water (+/-) 13,383 cubic yards (rip rap) (2) Dimensions of fill area 0.60 acre (+ /-) 2,260 ft X 11.5 ft (3) Purpose of fill Roadway Widening: Fill to be expanded toward canal to avoid sawgrass marsh on south side of road; expansion of fill due to organic subsoils which must be dewatered; fill to be surcharged on existing roadway area to accommodate settling during de-watering M. Randall Turner, NCDOT Applicant or Project Name Signature August 26, 1998 Date Revised 03/95 Form DCM-MP4 STRUCTURES (Construction within Public Trust Areas) MAJOR MODIFICATION Attach this form to Joint Application for CAMA Major e. Mooring buoys N/A Permit, Form DCM-MP-1. Be sure to complete all (1) _ Commercial -Community - Private other sections of the Joint Application which relate to this (2) Number proposed project. (3) Description of buoy (Color, inscription, size, anchor, etc.) a. Dock(s) and/or Pier(s) (1) _ Commercial -Community _ Private X Public (2) Number 1 (3) Length +/- 700 feet (4) Width 45 feet (5) Finger Piers Yes X No (i) Number (ii) Length (iii) Width (6) Platform(s) Yes X No (i) Number (ii) Length (iii) Width (7) Number of slips proposed N/A (8) Proximity of structure to adjacent riparian property lines > 15 feet (9) Width of water body +/- 2 miles (10) Water depth at waterward end of pier at MLW or NWL 6 feet b. Boathouse (including covered lifts) N/A (1) Commercial Private (2) Length (3) Width c. Groin (e.g. wood, sheetpile, etc.) N/A (1) Number (2) Length(s) d. Breakwater (e.g. wood, sheetpile, etc.) N/A (1) Length (2) Average distance from MHW, NWL or wetlands (3) Maximum distance beyond MHW, NWL or wetlands (4) Width of water body (5) Distance buoy(s) to be placed beyond shoreline f. Mooring structure (boatlift, mooring pilings, etc.) N/A (1) _ Commercial -Community - Private (2) Number (3) Length (4) Width g. Other (Give complete description) M. Randall Turner, NCDOT Applicant Project Name Signature August 25, 1998 Date Revised 03/95 10 v ? \ 1 O .? 0 Z / 0 c a / OV?a j I I I I I \?? ~ W LLJ 4J N V Z N a o a L = LLI N Qom= a- U- a' d 0z0 QIZ VLL0 uJ Q N V =05- p w oo j ? Z p Zr guo --? O W_ Q °° W V a p N h CPOATAS SOUND CV) I I F C) Z F z ? ? C v, O $ -n3?1 ?- 00+01 'd1S 3NI? HOiVA F p„ C cn ? za z w? F Ln a< e ? ,? (I? ?W ?U mz N wo z a z F- ?a ??u C ? 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A 20 -1! f Mod 4 Nl)I T11 CAROHNA DE'PAlt' NIENT ()FTUANSI'ORTA'I•ION MVISION O 11161nNAYS COUNTY. DARE PROJECT: Proposed lemporury liuul road, for burrow urea. DAT'E': 6/22/98 SCALE: SUBJECT: site l?bw I" = IOU' STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. E. NORRIS TOLSON GOVERNOR August 25, 1998 Terry E. Moore, District Manager N.C. Department of Environment and Natural Resources Division of Coastal Management Elizabeth City District office 1367 U.S. 17 South Elizabeth City, NC 27909 Dear Mr. Moore: SECRETARY SUBJECT: Application for Major Modification to CAMA Permit No. 7-98 The North Carolina Department of Transportation (Department) submitted a request to the Division of Coastal Management (DCM) on July 8, 1998 to modify the existing CAMA Permit for the proposed "Manteo Bypass", designated as TIP No. R-2551. The Department was informed on August 11, 1998 that the July 8 request would be processed as a "Major Modification", requiring further submittal of application forms, a fee of $200 (in addition to the $50.00 previously submitted) and notification to adjacent riparian landowners. The processing of the July 8 modification requests as a Major Permit Modification would also require an estimated (minimum) 75 day processing time following acceptance of the required applications and supplemental information. Needless to say, the Department was disappointed to learn of a processing decision several weeks following submittal of its modification requests. As explained, such delays will prove to be costly to the Department's contractor, who cannot proceed with construction schedules until these regulatory questions have been approved. In subsequent discussions with Mr. Charles Jones, Asst. Director of the DCM, between August 13 and August 18, the Department was pleased to learn that the DCM will expedite the processing of the modifications to the extent possible. To that end, and on the recommendations of Mr. Frank Jennings on August 21, 1998, the Department is submitting application forms MP-1, MP-2 and MP-4, as well as a check for $200.00 and copies of letters to adjacent riparian landowners. Please refer to figures provided with July 8 modification application (copy enclosed). P.O. Box 850, Edenton, NC 27932 (252) 482-7977 Fax: (252) 482-3826 Page 2 August 25, 1998 Terry Moore Please issue your public notice at the earliest opportunity. Stormwater certification for the modifications is being sought directly by the contractor. Mr. Bill Moore, Division of Water Quality, has assured the Department that he would assist in expediting his review and processing of the stormwater authorization. Although the adjacent landowners are allowed 30 days in which to comment on the proposal, efforts will be made to obtain landowner sign- offs in the very near future. These will be forwarded to your office upon their receipt. Thank you for your sincere commitment to interagency cooperation. As always, the DCM recognizes the value of partnering with the Department in matters of high importance to the citizens of North Carolina. Please know that the Department will not ask you to circumvent legal requirements, nor will it ask that environmental issues be downplayed as you and your staff conduct legitimate regulatory oversight. Please call me if you have questions or need additional information. Sincerely, M. Randall Turner, Division Environmental Officer Planning & Environmental Branch-Division One Enclosures CC: D. R. Conner, P.E. W. D. Gilmore, P.E. a, cr r ry /? • n Q .? 7 s 3 7 u n ro 70 < 7 ^ > jir ^. ch . -Z ]z 0 > " z " O r o y>'~ 3 D 0 A \ \ O\ a Z D G7 N m D Q I-1 -? •I I ir7 i i. i i i i i y i C =. w I r '? ? ? ? A r7 a 11 1 ? Z Z .+ v \' :r r ti I - - - .A? V p ? l1 11 -r - r \ ,r i , r+r ^.+ rr ^ r [-'•? w r? C r" N f?' ? A iv v N = .' z C _ IW ? "" 5 C ~ r. o ?' y „ r Jl ? v 7 Ir ?? > N n r ?v r w , O C ` O o t C Iw .. c" ? co j ? z O to to _ 7 O w n ? ? z O n ? ? e p z C ? G O , ?± O C 0-3 O a ?c r r tZ7 a a a u m x Z G7 c? D O m S4SSSy S; SS IS ^??N f! r• m? m r ? } 4' I ;4;4! )S'S? 44 SS 4S ? ?514? ?c }4 i c' )4? r S S4 SS 4S', 4) SS: ?S S ): ,44 1, 4 r? }li r)4` i ?SSS E m ?I I r I ~ o? O p O O r- rn . h JAMES B. HUNT JR. µ?o GIYW u 1?1>U? STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION ?. GOVERNOR N. C. Department of Environment and Natural Resources Division of Coastal Management 1367 U.S. 17 South Elizabeth City, NC 27906 July 8, 1998 ATTENTION: Terry E. Moore, District Manager E. NORRIS TOLSON SECRETARY JUL 1 0 No WATE UALI SECUTIIBN SUBJECT: Request to Modify CAMA Major Development Permit No. 7- 98 for the Improvements to US 64-264 from West of Manns Harbor to South of Manteo, Dare County; Federal Aid Project NO.NHF-64(6); State Project No. 83051401; TIP No. R-2551 I There are four categories of proposals that, if approved, would result in minor changes to portions of the project, and/or minor changes in impacts to jurisdictional areas, none of which are provided for under the existing DOA or CAMA permits. These categories of proposed changes include: (1) adjustments to anticipated impacts to waters of the U.S., resulting from a proposed alignment shift of proposed roadway improvements from western project terminus to west of Manns Harbor; (2) filling of isolated section of canal (waters of the U.S. and Public Trust Area of Environmental Concern) immediately west of Manns Harbor community; (3) impacts to waters of the U.S. resulting from construction of temporary logistics complex associated with construction of the Croatan Sound Bridge. Logistics complex would include a concrete batch plant (temporary impacts to Section 404 wetlands), casting yard (temporary impacts to Section 404 wetlands), staging area (non-jurisdictional area), and supply trestle (temporary impacts to waters of the U.S./Public Trust AEC/Estuarine Waters AEC/Estuarine Shoreline AEC) adjacent to the Manns Harbor bridge landfall; and (4) temporary impact to waters of the U.S., including Section 404 wetlands, related to construction of a temporary haul road at project borrow site located east of the Alligator River. Each of the proposals is described in detail below. Although multiple actions are proposed, the Department requests they be processed under a single modification to the existing Section 404/10 permit (Corps of Engineers) and CAMA Major Development Permit (Division of Coastal Management). vicinity maps, revised permit drawings, new site drawings P.O. Box 850, Edenton, NC 27932 (252) 482-7977 Fax: (252) 482-3826 Page 2 July 8, 1998 Terry E. Moore and other details (i.e., SAV survey report) are attached. written summaries of discussions held at two inter-agency field meetings on May 28, 1998 are also enclosed. Please call me to discuss any aspect of these proposals. To assist the Regulatory Division and the Division of Coastal Management in the coordination of the modification requests with other state and federal agencies, copies of this document and enclosures are being sent to the appropriate state and federal stake-holders. (1) Alignment shift of roadway west of Manns Harbor Due to the presence of a deep, hydrophilic subsoil (organics, mucks, and/or clays) beneath the proposed footprint of the expanded roadway, the Department's Geotechnical unit had recommended the use of wick drains in combination with surcharging of the proposed roadway fill section west of Manns Harbor. This methodology will be employed to ensure that optimum consolidation of the subsoil is achieved. Originally, this roadway section (R-25516) was not scheduled to be let to construction for several years following the letting of the bridge portion (R-2551A) of the project. Consequently, the geotechnical investigation had not been completed prior to submittal of the Department's applications for a Section 404 individual Permit and a CAMA Major Development Permit in the Fall of 1997. (However, because of the lengthy surcharge period required, the construction letting of this project has been advanced to ensure that the anticipated completion dates of the bridge and roadway projects stay in synchrony. In order to accomplish the roadway work without interrupting the flow of traffic, it will be necessary to stage-construct the roadway. As demonstrated in the field on May 28, 1998, the proposal to shift the alignment north (toward the canal) represents the Least Environmentally Damaging, (Most) Practicable Alternative (LEDPA) between two general options: realignment toward the marsh, or realignment toward the canal. Survey stakes were placed in the field to demonstrate the extent of impacts from either option. As anticipated, there was unanimity among agencies represented that the Department's recommendation to realign toward the canal is the preferred alternative. Revised permit drawings (Sheets 1-16 and 28-29) are enclosed for your review and approval. Revised impacts to wetlands and surface waters resulting from the proposal are also provided in Table 1. 0 Total net change to permitted wetland impacts: *+1.22 acres (permanent) Total net change to surface waters impacts: **+0.60 acre (permanent) alignment shift resulted in additional wetland impacts between edge of pavement and canal---portions of roadway shoulder are jurisdictional wetlands Value includes approximately 0.36 acre area of canal section to be tilled as in (2) below Page 3 July 8, 1998 Terry E. Moore (2) Filling of isolated section of canal west of Manns Harbor As pointed out during the referenced field meeting, the Department had originally proposed to mitigate the loss of this isolated canal section by constructing a replacement canal immediately north of the existing canal. This is the concept that was permitted by the regulatory agencies, which included wetland impacts of 2.79 acres from excavation. However, upon further study, this does not appear to be the best approach. The excavation of the replacement canal would have occurred within an adjacent estuarine emergent-palustrine forested wetland complex (E2EM1P/PF04B), destroying at least 2.79 acres of this Coastal Wetland. The Department recommends elimination of this canal section, which is isolated from the main canal by a driveway with a 48" corrugated metal pipe serving as a hydraulic connector. Although this canal section is classified as a Public Trust AEC (portage rule) by the Division of Coastal Management, the adjacent wetland that would be excavated is a high quality Coastal Wetland AEC. From a Section 401 perspective, the loss of this section of canal will constitute a stream impact and will require appropriate mitigation. The Department proposes to offset this loss with payment of $61,500 (492 linear feet X $125 per linear foot) to the WRP. The Department would also entertain opportunities to undertake appropriate stream restoration in lieu of payment to WRP if suitable restoration sites can be identified in the area. The Department is open for suggestions/recommendations. Revisions to the permit drawings, reflecting this proposal are enclosed (Sheets 15-16) for your review and approval. Revised impacts to wetlands and surface waters are provided in Table 1. Total net change to wetland impacts: -2.64 acres (permanent) Total net change to surface water impacts:+0.36 acre (permanent) (3) Impacts to jurisdictional areas from logistics complex Contractor has legitimate need for a material/equipment staging area, a concrete batch plant and a casting yard. In addition, the movement of structural components that are cast on shore must be delivered to points soundward. Once the permanent bridge is constructed soundward beyond the length of the temporary access bridge into deep water, barges will thereafter supply the structural components to the lengthening bridge. In order to maintain an efficient supply chain, the transfer points from supply platform to barge must be located so that barges can access platform from all sides, and must be built to withstand severe loading that will result from transfer of increasingly larger structural components that are needed along the bridge approaches to the navigation channel. The temporary access bridge, which was approved in the subject permit, will be severely Page 4 July 8, 1998 Terry E. Moore limited in its ability to withstand such loading. Furthermore, its proximity to permanent structure precludes barge access from more than one side. Since the approved temporary work bridge is designed primarily as a crane support for construction of permanent bridge within wetland areas, it could not also serve as a supply platform to deep water bent sites. The location of the logistics complex is important to the overall efficiency of work flow. Due to the large size and weight of the structural components, a huge amount of time and manpower would have been required if batch plant and casting yard were located at some remote site. Loading, transport and unloading of these structures would have been a significant burden. It is obvious that the only reasonable and practicable arrangement would be to position these logistical operations in close proximity to the proposed bridge landfall. Serious efforts were made by the contractor to locate a large enough site within adjacent parcels to accommodate the needs of the logistics complex. Adjacent and non-adjacent sites were evaluated on Roanoke Island, at Manns Harbor and as far away as Harbinger. The Department admonished the contractor during this process that every effort needed to be expended to ensure that, where practicable, the proposed logistics site would not impact waters of the U.S., or other regulated resources. However, wetlands were encountered at every site evaluated. Through discussions and negotiations with the contractor, it was agreed that, if the current logistics complex proposal could be approved, the contractor would eliminate the permitted temporary access fills in wetlands at both ends of the project, and, instead, would construct temporary bridges for construction access in wetland areas. The Department has concluded that the proposed impacts to palustrine wetlands resulting from construction of the logistics complex would be temporary. The wetland portion of the site would be cleared, but not grubbed, and geotechnical fabric would be placed beneath the fill. At the conclusion of work, the fill and geotechnical fabric would be removed and appropriate measures would be undertaken to restore the wetland functions in accordance with Section 404 Permit conditions "p", "q", and 7". As previously indicated, the contractor will require a separate, temporary trestle to be constructed in open water approximately 700 feet west of the proposed permanent bridge alignment. The temporary structure would be supported by pipe piles (24" 0), which would be driven to support spans of approximately 30 feet in length. The temporary supply trestle would be approximately 700 feet long and 45 feet wide (curb to curb), and would be built in open water away from any emergent vegetation and in an area free of SAV populations (see attached SAV report). A temporary timber ramp would be built at the shoreline to facilitate loading and unloading. Page 5 July 8, 1998 Terry E. Moore An important point to note is that no jetting work will be required to install or remove any of the temporary bridge structures. The currently proposed temporary work bridge is shown on the south side of the permanent: bridge alignment. Since the lengthening permanent bridge structure would eventually require the supply barges to travel excessive distances to reach the temporary construction access, it is recommended that the alignment of the temporary work bridge be relocated to the north side of the permanent bridge. Furthermore, and perhaps more importantly, the proposed North-side location would involve less temporary impacts to wetlands than the south-side arrangement. This fact is due to the configuration of the wetland-upland boundary as it passes across the right of way. Finally, the temporary work bridge must be equipped with "finger offsets" between each bent to accommodate work cranes. The arrangement proposed in the revised permit drawings (Sheets 18-27) depicts an offset design that will accommodate specific equipment to be used by the contractor. All impacts to wetlands by temporary work bridge have been re-computed with the new offset design (Table 1). Total net change to wetland impacts: -0.69 acre (temporary) (4) Impact to waters of the U.S. from construction of haul road for project borrovv site The borrow site to be used for the Manns Harbor portion of the subject project cannot be accessed without crossing a small wetland. The contractor proposes to install pipe culverts in existing ditches and construct a temporary access drive for trucks and equipment (Sheets 30- 31). Geotechnical fabric will be placed under fill and site will be repaired and restored at conclusion of work in accordance with existing Section 404 Permit conditions "p", "q", and 'T". This impact is unavoidable*, but thankfully will only result in the temporary alteration of 0.30 acre of wetland (see Table 1). Remainder of borrow site has been determined to be non-jurisdictional. As you are aware, suitable borrow sources in this part of the county are very difficult to locate. Although the site chosen is located more than +/- 10 miles from the project area, its mineral soils and general absence of wetlands within the borrow area makes the site worth pursuing. Total net change to wetland impacts +0.30 acre (temporary) ' The only feasible access to the borrow site is via a direct driveway connection from US 64; entire property frontage on US 64 is wetland Page 6 July 8, 1998 Terry E. Moore Conclusions Revised values for both temporary and permanent impacts to wetlands are given below in Table 1. Fill in Excavation Impacts due Impacts Total Temporary Impacts Total Wetlands in to from Permanent Fill in from Temporary TABLE 1 (acres) Wetlands Mechanized Permanent Impact to : Wetlands Temporary Impacts to (acres) Clearing Bridge Wetlands ° (acres) Bridge Wetlands (acres) (acres) (acres) ` (acres) (acres) Estuarine 8.32 0.21 2.76 0.04 11.33 - 0.007 0.007 Palustrine 6.16 - 1.29 0.02 7.47 1.54 0.004 <1.55 Totals 14.48 0.21 4.05 0.06 18.80 1.54 0.011 1.55 The existing Department of the Army Permit for the project authorized the filling, excavation or adverse modification of 12.29 acres of estuarine emergent, and 7.63 acres of palustrine forested wetlands. It is important to note that the net change in impacts to wetlands from the proposal is -0.96 acre of estuarine emergent and -0.16 acre of palustrine forested wetland. This reduction in permanent impacts to wetlands stems mainly from the elimination of wetland impacts that would have resulted from the replacement of the canal section (item (2) above). The 1.12 acres savings in wetlands should justify a re-computation of the compensatory wetland mitigation acreage committed to the project at the Mashoes Road Mitigation Site. However, given the unusual mitigation formula (available restoration + 10:1 preservation) approved for the site, it may be difficult to actually calculate a precise "credit" that could be applied. The Department is interested in any suggestions you may have in this regard. Please modify the existing permit at your earliest convenience. As you are aware, the contractor's activities are essentially at a standstill until the existing permits can be modified. Your cooperation in this matter will be greatly appreciated. Please call me if I can be of service. Thank you for your time and efforts on behalf of this important regulatory matter. Sincerely M. Randall Turner, Division Environmental Officer Planning & Environmental Branch-Division one Page 7 July 8, 1998 Terry E. Moore Enclosures CC: Ms. Cyndi Bell, NCDWQ, Raleigh Mr. David Cox, NCWRC, Northside Ms. Sara Winslow, NCDMF, Elizabeth City Ms. Deborah Sawyer, NCDWQ, Washington Mr. Bill Moore, NCDWQ, Washington Mr. Michael Bell, USACOE, Washington Mr. David Franklin, USACOE, Wilmington Mr. Tom McCartney, USFWS, Raleigh Mr. Ron Sechler, NMFS, Beaufort Mr. Mike Bryant, USFWS-ARNWR, Manteo Mr. William D. Gilmore, P.E., NCDOT, Raleigh Mr. R.L. Hill, P.E., NCDOT, Raleigh Mr. Tom Shearin, P.E., NCDOT, Raleigh Mr. A. L. Hankins, P.E., NCDOT, Raleigh Mr. W.L. Moore, III, P.G., P.E., NCDOT, Raleigh Mr. D. R. Conner, P.E., NCDOT, Edenton ? Sint °? P wr.s- STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. E. NORRIS TOLSON GOVERNOR SECRETARY June 9, 1998 MEMORANDUM TO: File FROM: oPlanning M. Randall Turner, Division Environmental Officer & Environmental Branch-Division One SUBJECT: Summary of Environmental Field Review Environmental Field Review of the Roadway Design Modifications for the Proposed Improvements to US 64/264 from West of Manns Harbor to East of SR 1105, Dare County; TIP No. R-25518; State Project No. 8.T051401; Federal Aid Project No. NHF-64(6) A field review of the project was held on May 28, 1998. The purpose of the field exercise was to give state and federal regulatory and environmental review agencies an opportunity to evaluate the proposed design revision and to make comments and recommendations on behalf of environmental issues. Those attending included: Mr. Mike Bell, U.S. Army Corps of Engineers Mr. Frank Jennings, N.C. Division of Coastal Management Ms. Cyndi Bell, N.C. Division of Water Quality Mr. Dennis Stewart, U.S. Fish and Wildlife Service (ARNWR) Mr. William Westcott, N.C. Wildlife Resources Commission Ms. Sara Winslow, N.C. Division of Marine Fisheries Mr. Art McMillan, P.E., NCDOT Roadway Design Unit Mr. Andrew Nottingham, P.E., NCDOT Hydraulics Unit Ms. Jenny Summerlin, NCDOT Hydraulics Unit Mr. Dean Argenbright, NCDOT Geotechnical Unit Mr. Frank Vernon, NCDOT Roadside Environmental Unit Mr. Bob Capehart, P.E., NCDOT Division One Mr. Randy Midgett, P.E., NCDOT Division One Mr. Dennis Meder, Division One Mr. Jeff Smith, P.E., Division One Mr. Sterling Baker, NCDOT Division One Mr. Randy Turner, NCDOT Division One During a general discussion at the Manns Harbor Community Center the group was informed that the Department's Geotechnical Unit had confirmed the presence of a deep layer of hydrophyllic soils under the P.O. Box 850, Edenton, NC 27932 (252) 482-7977 Fax: (252) 482-3826 Page 2 June 9, 1998 proposed alignment. Due to the depth of this subsoil, the recommendation was made to employ wick drains to dewater the soil during construction of the proposed roadway cross-section. Since this methodology would require super-elevation of the fill in anticipation of settling from the dewatering operation, and due to the necessity to stage the construction of the 4-lane cross-section, the footprint of the current design would result in a larger impact to the adjacent landscape. When informed of this reality, the Division Environmental Officer recommended that the additional impact be shifted toward the canal rather than toward the marsh. The recommendation was based upon the fact that anticipated impacts to the canal would be relatively minor, occurring at several discreet encroachment windows rather than continuously. Following construction of the fill sections in the canal, there would still be ample channel to support public trust activities. However, should the alignment be shifted toward the marsh, the impacts would be more severe and the zone of encroachment would be continuous. The group reconvened at the project area for an examination of the proposed alignment shift. The Resident Engineer, Randy Midgett, had previously set red-top stakes at anticipated toes of fill on the canal side, and on the marsh side of the project. These stakes depicted the maximum encroachment into the canal (representing the Department's recommended alignment), or into the marsh (representing a possible alignment shift that would avoid the canal) for each of the design options. Dennis Stewart asked if the dewatering operation (wick drains) would have any effect on the adjacent landscape. Dean Argenbright responded that the methodology results in movement of water from the targeted soils long enough to allow consolidation of the soil. The water removed during the process simply bleeds off into adjacent landscape so there is no permanent de-watering of adjacent wetlands. Mike Bell asked if the Department had considered bridging rather than filling of this roadway section. Mike was told that bridging would be prohibitively expensive. Mike asked that a cost analysis be conducted to compare bridging vs. fill in keeping with the 404(b)(1) requirements. He was informed that the cost comparison would be undertaken. The question was raised about whether the proposed rip rap fill slopes, which will encroach into the canal, could be made steeper to minimize encroachment. Dean Argenbright commented that he though a 1.5:1.0 slope was possible (the proposed slope is 2:1). This item will be given close consideration by the Department before a final recommendation is made. Dennis Stewart, representing the Alligator River National Wildlife Refuge, expressed concern about potential erosion of the south bank of the canal due to narrowing the channel be rip rap fill zones. Andrew Nottingham and Jenny Summerlin of the Hydraulics Unit responded that they did not Page 3 June 9, 1998 anticipate any problems with erosion due to the slight narrowing of the canal at encroachment points due to the fact that very little of the surface area of the canal would be lost. The vast majority of the anticipated encroachments would occur below the surface. It was suggested that the Refuge might consider some language in the right of way, or special use permit that would ensure that the refuge could hold the Department accountable for erosion events that were clearly attributable to the proposed construction. Dennis acknowledged that this approach might be taken. Sarah Winslow expressed concerns about sedimentation that could result from construction of the rip rap fill sections in the canal. She was informed that the Department would require that all zones of impact would be isolated from the larger water column with full sediment curtains during all phases of in-water work. Dennis Stewart clarified for the group that, from the Refuge's standpoint, it was important to recognize that there are two kinds of mitigation: (1) compensatory mitigation requirements growing out of Clean Water Act regulation, and (2) mitigation that the Refuge will require during the right of way process. He admonished the Department to keep these two processes separate and he also encouraged the Department to get the right of way process started because the sign-offs would be handled at the Regional level, not at the local Refuge level, and it would require a substantial amount of time. Randy Midgett asked why the marsh plants (sawgrass) that are destined to be eliminated by the project couldn't be used at the Mashoes Road Mitigation Site. He correctly noted that local plant material should be more desirable than non-indigenous nursery stock. This issue was discussed among the field meeting attendees and virtually everyone thought it was a good concept. The question of timing between the anticipated construction of the roadway project (R-25516) and the planting at Mashoes Road might present a problem, but the question is being pursued. If recommended, a purchase order contract might have to be cut to allow removal of the existing plants within the project footprint in coordination with planting at Mashoes Road. One further requirement would be coordination with the Refuge. There appeared to be consensus among the agencies present to eliminate the short section of "dead end" canal east of Spencer's Creek rather than rechannelize an adjacent marsh area to reestablish the canal. This section of canal is separated from the main body of the canal by a driveway. The canal will be substantially impacted by the roadway, which transitions from a 4-lane shoulder to a 5-lane curb and gutter section east of Spencer Creek. Page 4 June 9, 1998 When asked which of the alignments they find less objectionable, all of the agencies represented stated their preference for the alignment recommended by the Department. Please contact me if I have failed to consider an important issue that may have been the subject of discussions in the field, or if I have erred in any of the details reported above. Thanks to all for your valuable time and professional input. Cc: Mr. Don R. Morton, P.E., NCDOT Mr. Bill Gilmore, P.E., NCDOT Mr. R. Len Hill, P.E., NCDOT Mr. D. R. Conner, P.E., NCDOT Field Meeting Participants (Listed on Page 1) Not Attending: Mr. Ron Sechler, NMFS Mr. David Cox, NCWRC Mr. Bill Moore, NCDWQ Ms. Deborah Sawyer, NCDWQ Mr. J. C. Manning, P.E., NCDOT Mr. David Schiller, NCDOT e„a SVV[o? +? y Q M STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. E. NORRIS TOLSON GOVERNOR SECRETARY June 10, 1998 MEMORANDUM TO: File FROM: WR" M. Randall Turner, Division Environmental Officer Planning & Environmental Branch-Division One SUBJECT: Summary of Environmental Field Review of the Proposed Staging Area, Casting Yard, Concrete Batch Plant and Supply Trestle (Logistics Complex) for the Construction of a new Croatan Sound Bridge and approachways, Dare County; TIP No. R-2551A; State Project No. 8.TO51401; Federal Aid Project No. NHF-64(6) A field meeting was convened near the site of the proposed end bent for the new Croatan Sound Bridge to be located east of SR 1105 in Manns Harbor. This meeting was held immediately following the field review of the R-25518 project. The purpose of the meeting was to familiarize the environmental community with Departmental proposals that, if approved, would result in modification of existing Section 401, Section 404 and CAMA permits. Those attending included: Mr. Mike Bell, U.S. Army Corps of Engineers Mr. Frank Jennings, N.C. Division of Coastal Management Ms. Cyndi Bell, N.C. Division of Water Quality Mr. Dennis Stewart, U.S. Fish and Wildlife Service (ARNWR) Mr. William Westcott, N.C. Wildlife Resources Commission Ms. Sara Winslow, N.C. Division of Marine Fisheries Mr. Art McMillan, P.E., NCDOT Roadway Design Unit Mr. Andrew Nottingham, P.E., NCDOT Hydraulics Unit Ms. Jenny Summerlin, NCDOT Hydraulics Unit Mr. Dean Argenbright, NCDOT Geotechnical Unit Mr. Frank Vernon, NCDOT Roadside Environmental Unit Mr. Bob Capehart, P.E., NCDOT Division One Mr. Randy Midgett, P.E., NCDOT Division One Mr. Dennis Meder, Division One Mr. Jeff Smith, P.E., Division One Mr. Sterling Baker, NCDOT Division One Mr. Randy Turner, NCDOT Division One Mr. John Armeni, Balfour Beatty Construction, Inc P.O. Box 850, Edenton, NC 27932 (252) 482-7977 Fax: (252) 482-3826 Page 2 June 10, 1998 John Armeni , Project Engineer for the contractor, described the proposed logistics complex. Each of the service areas were depicted on a large graphic which had been prepared for the contractor by Quible & Associates. Armeni reported that the contractor had searched extensively for a practicable site that would accommodate the logistical requirements of such a large scale project, and that would not involve additional impacts to jurisdictional areas. However, there was no site which met these conditions. The site being proposed will result in minimal, temporary impacts to wetlands lying outside, but adjacent to, the permitted footprint of the project. The site also has a substantial amount of uplands which will be used extensively. Armeni described a commitment the contractor was willing to make to mitigate the temporary impacts to wetlands that will result if the proposal is approved by the Regulatory Division. The contractor will eliminate the haul roads in wetlands on Roanoke island and on the mainland. Instead, the contractor will extend the temporary work bridge through these areas. The net effect from the proposal is the reduction of temporary wetland impacts from 1.94 acres to 1.25 acres. No additional permanent impacts are anticipated. The Department's Environmental officer reported to the group that the Department recommends approval of the proposal. The contractor has demonstrated that credible efforts have been expended to find suitable areas that do not involve wetlands. The Department has consistently admonished the contractor that the Department would not support a proposal that would impact additional wetlands unless it could be demonstrated that there were no practicable alternatives. The contractor has demonstrated this to the Department's satisfaction. Furthermore, the contractor has worked with the Department to develop an environmentally positive approach to the logistics complex that includes a commitment to eliminate all temporary fills in wetland areas (haul roads), and to extend the work trestle through these areas; to avoid using the sunken barge approach by lengthening the permitted work trestle into deep water; and to conduct underwater surveys for SAVs in the vicinity of the newly-proposed supply trestle. Mike Bell reiterated the Corps' position with respect to off-project impacts to wetlands that result from "but for" activities. He stated that the proposal would be reviewed as part of an overall permit modification application and that a public notice would be issued. He also admonished the Department and contractor that the turn around time for a modification would be at least 6 weeks (estimated) and there was no up front guarantee that the request would be approved. Page 3 June 10, 1998 The Department advised the contractor that a permit modification application would be submitted following receipt of the SAV report. Please contact me if I have failed to consider an important issue that may have been the subject of discussions in the field, or if I have erred in any of the details reported above. Thanks to all for your valuable time and professional input. Cc: Mr. Don R. Morton, P.E., NCDOT Mr. Bill Gilmore, P.E., NCDOT Mr. R. Len Hill, P.E., NCDOT Mr. D. R. Conner, P.E., NCDOT Field Meeting Participants (Listed on Page 1) Not Attending: Mr. Ron Sechler, NMFS Mr. David Cox, NCWRC Mr. Bill Moore, NCDWQ Ms. Deborah Sawyer, NCDWQ Mr. J. C. Manning, P.E., NCDOT Mr. David Schiller, NCDOT 612 Wade Avenue Sum, 200 koleigh, NC 27(105 Telemnonc?! 3433 1 i!> 91 9,828.3518 EcoScience June 19, 1998 Mr. John D. Armeni Balfour Beatty Construction, Inc. P.O. Box 309 Manns Harbor, N.C. 27953 Re: SAV Survey, Temporary Equipment/Supply Pier, Croatan Sound (R-2551A) Dear John: EcoScience Corporation is pleased to submit our report of findings associated with the June 16, 1998 submerged aquatic vegetation (S AV) survey conducted by our firm for the above referenced project. As indicated in the report, we found no evidence of SAV in the project area. I hope this information will support NCDOT's permit modification request to allow this proposed structure to be constructed. Please call me if you have any questions. Thank you for using EcoScience Corporation for this important project, and please call us again if you need our services. Sincerely, ECOSCIENCE CORPORATION Jerry McCrain, Ph.D., CEP President SUBMERGED AQUATIC VEGETATION SURVEY TEMPORARY EQUIPMENT/SUPPLY PIER (R-2551A) DARE COUNTY, NORTH CAROLINA INTRODUCTION EcoScience Corporation has been contracted by Balfour Beatty Construction, Inc. to perform an inventory of submerged aquatic vegetation (SAV) within construction limits for a temporary equipment/supply pier to be located on the western shore of the Croatan Sound in the vicinity of Fleetwood Point in Manns Harbor, Dare County, North Carolina (Figure 1). This pier is expected to support North Carolina Department of Transportation (NCDOT) construction activities associated with development of the Croatan Sound Bridge and US 64-264 roadway improvements extending from US 264 in Manns Harbor to NC 345 east of Manteo (R-2551). The pier will be located approximately 64 meters (m) northwest of the western bridge approach, and approximately 37 m from proposed US 64-264 roadway improvements. Plans call for a pier structure 15 m in width on pilings spaced 9 to 18 m apart. Pilings will consist of 61 centimeter (cm) diameter pipe jetted in place to minimize benthic disruptions. The pier is expected to extend northward into the Sound for a distance of approximately 214 m, or until a depth of 2 m is reached. Upon completion of roadway and bridge construction activities, the pier and pilings will be removed. The purpose of this inventory was to determine the presence or absence of SAVs within the proposed footprint of the new pier. The location and extent of SAVs within the footprint area were to be determined and mapped, along with identification of characteristic species, and estimations of relative abundance (bed density). Detailed biomass sampling and substrate studies were not included as part of this effort, nor were reference sites sampled to compare site-specific results. Information on SAVs generated during environmental studies for the Croatan Sound Bridge (Langley and McDonald 1997) was evaluated as to expected species, densities, and distributional patterns in the general vicinity of this project. JOCKEY HOGE .. CA-00n STATE ARK r. Pam( S1i t FORT RA1 93H ' NATIONAL HISTORIC SITE 1113 - Daun \\???? I A Ir Pond Read i ??\\ P 11 \\ F Point X ` t M 11 Vi aynd \1 - S \ Pbrrt ? sown O ?, . .. Ibwrr ? \ - - NTEO ? MA AIRPORT leaf - Pew y O Zi boy \ A Mann ?r arbor 7 11 Q '? - " - - arbor - 11 _4 rlewMaod 11 Send f? - +_ 'r 1 11 Athbee _ ??'• ?` 11 Harbor +r ? 4.? 11 .,n .9. 1 1 715 r Approximate Location of 161 -- , _ Study Area C. 1 _ Z. - ?- - w 0 1.7 2.4 mile 1:104,850 Source: USGS 30x60 quad (Manteo) Equipment/Supply Pier (R-2551 A) Firgure: 1 EcoScience Location Map Corporation Project: 98-026 Dare County, North Carolina Date: June 1998 METHODOLOGY Survey work and field sampling were conducted on June 16, 1998. Study protocols were developed by Dr. Jerry McCrain, and field sampling was conducted with assistance from Mr. Grant Lewis of EcoScience Corporation (resumes attached). In addition to formal training as a botanist and ecologist, Dr. McCrain is certified as an Open Water SCUBA Instructor with the Professional Association of Diving Instructors (PADI # 8458). A series of five transects were established perpendicular to the shoreline extending northward (seaward) to a depth of 1.7 m below National Geodetic Vertical Datum 1929 (NGVD29) (Figure 2). Mean high water (MHW) was assumed to be 0.238 in above NGVD29 as established by NCDOT for the 1997 Langley and McDonald study. The transects were placed 6 in apart, with two transects located each side of proposed centerline of the pier, in addition to the centerline transect. Shoreline reference points (stakes) were located with GTS 3B Topcon Total Station survey equipment by Charles A. Rawls & Associates. Divers using snorkeling equipment provided flagged staking at the seaward end of the transect; distance and direction were established with the aid of Total Station equipment. A depth of 1.7 in was chosen as the terminal end of the transects because: 1) previous studies in this area suggested that SAV distribution occurs at depths less than 0.5 m (Langley and McDonald 1997); 2) the 1.7 in depth is believed to be beyond the photic zone required to adequately support SAV growth; and 3) the 1.7 in depth occurs approximately 183 m from shore, thereby allowing for significant coverage along most of the expected pier length for purposes of this investigation. Based on previous investigations in the area of the proposed Croatan Bridge, widgeon grass (Ruppia maritima) was the only SAV species expected to occur in the study vicinity. However, divers were prepared to locate the extent of any SAV populations within the study zone. A line marked at 30-m intervals was placed on water surface from shore to the seaward end of the first centerline transect to serve as reference for the divers. However, wind and wave conditions made this an unreliable centerline reference. Instead, divers were kept on each transect by surveyors using Total Station equipment. SCUBA equipment was found to be unnessary because of shallow depths; snorkeling equipment was sufficient to achieve complete visualization of bottom conditions. Visibility was approximately 0.6 m at the time of survey. Two divers, spaced approximately 2 in apart, began the survey at the seaward end of each transect. Through a series of shallow subsurface dives, bottom conditions were visually evaluated. Buoys and stakes were available to mark identified SAV bed limits. Upon i- [ rN C Q Q W L O y.- 0 N L Q N N ? U T - a o n. a Q_ v) W? - -T- u -- - - - - - --- -------- --- _=_ _=_-_:_:- - ----- ----------:_- -10 [ O (/) C O > O L =7 to \- c ? \ a? ` €m cn ? d. F ??( N n$ X ? N n ? e v n N Z ? \y?N O ' \ C d c ? V L ; N ? U) ' 2 ? C O .N I•? - ---------------- ------- 4 --------------------- -------------------- L p+ N{ O C • O f .. t) I I- O C t1) ? O V) ? cll 1- + In r) [ l_ O O O v C1 f t) rJ .. -r n Q) ?) L1 ? , rz) C- (1) L ?)) ?ll CT C7 r1 ? (l) O ti) f Q U) L).I to I ) ?p c) cn f. I) l li N U) (f) (Q n a) (t) N I) In m a) a? a) I f r- f a) f . n cll Q) f - u) F o, ?? U U) O' U) 00 U) N I r- a) CO U) U) I I II II II II II i" r -r rn c? r_) lil F ) L In V a) r D F. X O t n n +L d ? O + N 00 U) - u) Qo °? I I 0(f) ,-q C 3 C rr T N L 7 U) U) N L r_ U N W I ? I? I ? L a? w V L L ? m c c \ k b \ S ? \ n surfacing from each short dive, the diver re-evaluated his position on the transect line with the aid of hand signals from surveyors referenced to Total Station coordinates. Complete coverage of the study area was assumed. EXISTING CONDITIONS The shoreline at the landward end of the proposed pier is located on open, flat land currently maintained as part of a residential lawn. Ornamental grasses (primarily coastal bermuda, Cynodon sp.) dominate the area, extending to the sandy shoreline edge where the pier is expected to be positioned. Forested pine (Pinus taeda) woodlands characterize western and southern margins of the property. Brackish, black needlerush (Juncus roemerianus) marsh forms the eastern edge of the study area. A narrow berm separates the main body of the marsh from the shoreline characterized by a variety of species including saw grass (Cladium jamaicense), cordgrass (Spartina spp.), scattered red cedar (Juniperus virginiana), wax myrtle (Myrica cerifera), and brier (Smilax spp.). The berm abruptly terminates with the edge of the marsh, representing a distinct demarcation between marsh/berm and the flat landscaped yard. The shoreline is sandy with no distinguishing features. Sandy substrate conditions extend seaward for a distance of approximately 45 in to a depth of 1 in. Benthic substrate characteristics change to a mixed sand and muck, eventually changing to all muck and peat at a depth of 1.5 in approximately 152 in from shore. The bottom is devoid of vegetation and no living forms of sea life were noted during this investigation. Relict bivalve shells (southern quahog clams, Mercenaria campechiensis ) were found in abundance at the 1.5 m depth contour; only one live specimen was collected within 150 in of the shoreline. No fish species were observed. Based on previous SAV studies for the proposed Croatan Bridge (Langley and McDonald, 1997), widgeon grass was the only seagrass species anticipated in the project area. Widgeon grass was identified in intermittent patches from 5 in to 10 in in diameter separated by several meters of unvegetated bottom during the 1997 study; densities and biomass were well below what was found in the control sites. This species did not extend beyond the western limits of the bridge survey area (i.e. the general direction of the site for this study). Ruppia maritima is a submersed perennial aquatic found in shallow brackish pools, rivers, and estuaries in the outer Coastal Plain region of North Carolina (Radford et al 1968). Leaves are alternate, threadlike, and 10 cm long by .4 -.6 cm wide (Goodfrey and Wooten 1979). Flowers are enclosed in the leaf sheath during flowering, exerted on a loosely formed peduncle after anthesis; the dark, ovoid fruit occur on a long stalked inflorescence (flowering and fruiting from July to October) (Radford et al 1968). The common name, widgeon grass, is derived from the American widgeon, a North American duck that often feeds in SAV beds containing this species. Such feeding patterns are indicative of the importance of this species as a potential food source for waterfowl. PROJECT RESULTS AND CONCLUSIONS Results of this survey found no SAV species within footprint limits of the proposed pier. The bottom was found to be devoid of all forms of vegetation at the time of this analysis. Survey methodology was sufficient to provide complete coverage of the area in question; approximately 4459 mz of subsurface area was included in this survey. Widgeon grass was the only SAV species expected to occur in the project area. Intermittent patches of this SAV were identified within the footprint of the proposed Croatan Bridge within 50 in of shore during 1997 surveys; however, this species did not extend beyond western limits of the bridge study area. Although no SAV species were identified at this time, the distribution of SAV colonies are known to fluctuate seasonally due to weather conditions, changes in water quality, or disruptions in substrate conditions. Therefore, distributional patterns may change over time. At present, proposed construction of the temporary equipment/supply pier will not impact known populations of SAVs. Given the temporary nature of this structure, coupled with measures being proposed to limit benthic disruptions during construction, no long term adverse environmental impacts are anticipated that may affect the viaibility of SAV populations in the area. REFERENCES Godfrey, R.K. and J.W. Wooten. 1979. Aquatic and Wetland Plants of the Souteastern United States Monocotyledons. The University of Georgia Press, Athens, Ga. Langley and McDonald. 1997. (Untitled). Submerged aquatic vegetation survey of the proposed Croatan Sound Bridge (R-2551). North Carolina Department of Transportation report. Radford, A.E., H.E. Ahles and C.R. Bell. 1968. Manual of the Vascular Flora of the Carolinas. University of North Carolina Press, Chapel Hill, N.C. SURVEY COORDINATES SUBMERGED AQUATIC VEGETATION SURVEY EQUIPMENT/SUPPLY PIER LOCATION (R-2551A) JUNE 16,1998 Point # Northing Easting 253 -3149.3568 241.1223 254 -3164.0765 267.2629 257 -3191.4373 339.0377 258 -3180.9789 458.5811 259 -3193.4298 316.2648 260 -3187.3568 315.7331 261 -3181.2840 315.2018 262 -3175.2112 314.6705 263 -3169.1384 314.1392 264 -3176.3284 511.7327 265 -3169.9551 514.6303 266 -3162.6183 528.5518 267 -3157.1572 521.0282 268 -3151.1711 519.5067 269 -3206.6480 341.95 85 270 -3189.5995 336.7967 271 -3154.4388 328.1382 272 -3164.9928 328.7061 273 -3166.7083 325.1625 274 -3170.3230 323.2465 275 -3165.7023 303.3722 276 -3173.3412 314.9213 277 -3189.3977 F335.6511 7,C* 0 Z ? i / I I ~ z V! ao3 J p 6z N oF? m N a s 0 Z ,e IL LL N0 ca o 0 c? LL.? UJ a N U M ?0 p p be S LL Z z g o ?o o Q ° ? lw V a p N N 0 oVga CV) I CpOATAI?I S OVSD I 1 z H V) 00 O 0 1.0 O Z -4 H :> a x H ? ? ? a Gzl c O ? O W -A3d ?- 00+01 'd1S 3NI? 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Atlanta, Georgia 30303 NOV 2 4 1997 WMD/WCWQGB/KM Colonel Terry Youngbluth District Engineer ATTN: Mr. Mike Bell Washington Regulatory Field Office U.S. Army Corps of Engineers P.O. Box 1890 Wilmington, North Carolina 28402-1890 SUBJ: N.C. Dept. of Transportation - Widening of U.S. Highway 64 - 264 (TIP No. R-2551) Action I.D. No. 199502334 Dear Colonel Youngbluth: This is in response to the above referenced public notice, dated October 23, 1997, for the proposed land clearing of 3.83 acres of wetlands, draining of 2.79 acres of wetlands, and filling of 13.22 acres of wetlands and 0.05 acres of waters of the U.S. for the widening and realignment of a section of U.S. Highway 64-264. According to the narrative part of the public notice, the proposed construction is located from west of Manns Harbor to NC 345, south of Manteo, in Dare County, North Carolina. Specific information on compensatory mitigation has been provided separately by the applicant. EPA has received the draft mitigation plan for this project, and is in the process of reviewing and commenting on that plan. EPA believes that until the mitigation plan or a functioning mitigation bank is approved, the project should not be authorized. Thank you for the opportunity to comment on this project. If you have any questions regarding these comments, please contact Kathy Matthews at the above address or by telephone at (404) 562-9373. Sincerely, William L. Cox, Chief Wetlands Section cc: USFWS, Raleigh NCDENR, Raleigh DEWP, Fax:9199753716 Nov 25 '97 16:49 IF,1ORAITjt?i?, PRINT NAMES : Revievar : IONS DORIEY WQ S'UPV . : kIYT1i4?YMENTAL SCTY?NCES BRANCH DATE: YUA, ?I,CT WETLAND h:STAIFF• REPORT" AND REC.OMMRNb:kTIONS ?ric,+cEACH I EIS ;:MUST BE ANSWERED (11SE N/A FOR NOT APPLICABLE) FAR. A19 1R 97 Pf,"IT NO: 0000901 COUNTY: APrPLICAIT NAME = NCD4T 1ANTE6 BYPASS 7+1ZO,TECT TYR.T s R6AD' 1DENI*G PERMIT TYPE : i:•,;;;.. ,.r.p?:y'?c DOT ;RCS tbM 'CDA APP DATE?FRN CDA: RF(`'?©FF CL st WARf1 IVL"R+ AND, SUB BASIN_(F. s .03015i STR?INDER .NO: 3:020^ (2 ) FiTRF.1INE CLASS:. SA - ?lT zwtt?A?'7?fi WL TYPE: Wi. ACR EST? : k?'L 'SCORE ();, -?dt•: oG ?> QATEK 'IMPACTED BY FILL? MIT?Gn'1i0T ? Y/N 4 lip- MITIGATT.ON, TYPE: hfITIGtiC aiT ':S,IZEi.,. DTD :Y0T1 REQUEST MORE INFO? IS WlsTY:AND RATING SHEET ATTACHED?.: YIN DARE IP 10/21/97 YIN YIN YIN `F;.ER,. ?•;. ?I`.U OJBct C14ANG>;9; CONDITTONS AM,;N DTSr,1)9 ;ED WITH APPLICANT? : ] ECOMME] UPAT.ION KCircl.e One) lssuv?zSS?U7F/CON ?AkNY i OMMKN ITS ,I P. 06/06 Y/N MAXIMA 5,t5hV1U15y: CLOSURE OF SHILLFYSHTNG WATER-9: C, ?'W,!RO; c6nt$al Files; rcm ir:re9.d Offlcg?s; MP Washington Office REPLY TO ATTENTION OF Regulatory Branch Action ID No. 199502334 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 October 22, 1997 F? dG;'' ?FG Mr. John Dorney North Carolina Division of Water ,Irv Environmental Sciences Branch s 4401 Reedy Creek Road Raleigh, North Carolina 27607 Dear Mr. Dorney: Enclosed is the application of the North Carolina Department of Transportation (NCDOT) for Department of the Army (DA) authorization and a State Water Quality Certification to fill 13.22 acres of Section 404 wetlands, mechanize land clear 3.83 acres of Section 404 wetlands, drain 2.79 acres of Section 404 wetlands, and fill 0.05 acres of open waters of the United States adjacent to the Croatan Sound, Spencer's Creek and unnamed tributaries. The NCDOT proposes to widen approximately 10 miles of US 64-264, including constructing a new bridge over the Croatan Sound and adjacent marshes, from US 64-264 west of Manns Harbor to NC 345 south of Manteo, in Dare County, North Carolina (TIP No. R-2551, Federal Aid Project No. NHF-64(6), State Project No. 8T051401). Your receipt of this letter verifies your acceptance of a valid request for certification in accordance with Section 325.2(b)(ii) of our administrative regulations. We are considering authorizing the proposed activity pursuant to Section 404 of the Clean Water Act, and we have determined that a water quality certification, is required under the provisions of Section 401 of the same law. A Department of the Army permit will not be granted until the certification has been obtained or waived. In accordance with our administrative regulations, in most cases, 60 days after receipt of a request for certification is a reasonable time for State action. Therefore, if you have not acted on the request, or asked for an extension of time, by December 15, 1997, the District Engineer will deem that waiver has occurred. -2- Thank you for your time and cooperation. Questions or comments may be addressed to me at the Washington Regulatory Field Office, telephone (919) 975-1616, extension 26. Sincerely, a 'q -00 Michael F. Bell, P.W.S. Regulatory Project Manager Enclosure Copies Furnished (without enclosure): Mr. John Parker Division of Coastal Management North Carolina Department of Environment and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 R ECE IE,D Raleigh, North Carolina 27636-3726 DEC c` Q 1007 L Li ? ,f December 22, 1997 ENV1PTNMFNTALSG4-NCCFr, Colonel Terry R. Youngbluth t > District Engineer, Wilmington District U.S. Army Corps of Engineers Post Office Box 1890 Wilmington, North Carolina 28402-1890 Attention: Mike Bell Dear Colonel Youngbluth: The U.S. Fish and Wildlife Service (Service) has reviewed Action No. 199502334 (TIP No. R- 2551). The applicant, the North Carolina Department of Transportation, proposes to improve U.S. 64-264 from their juncture west of Manns Harbor to south of Manteo, at NC 345. The project is located in Dare County, North Carolina, and crosses Croatan Sound. A new bridge over the sound is proposed, and the improved road will cross Spencer's Creek and other unnamed tributary streams. The bridge will transect some submerged aquatic vegetation (SAV). The proposed activities will fill 13.2 acres of jurisdictional wetlands and less than 0.1 acres of open water/benthic habitat, will destroy by draining 2.8 acres and by mechanized landclearing 3.8 acres of jurisdictional wetlands. This represents 12.3 acres of estuarine emergent and 7.6 acres of palustrine (scrub-shrub and forested) wetlands. The extent of SAV and benthic habitat which will be directly and indirectly degraded or otherwise lost to fish and wildlife resources is not known at this time. Restoration at the Mashoes Road Mitigation Site is proposed at a 1:1 ratio (with additional preservation), and, for riverine habitat, at the Dismal Swamp Mitigation Site. The proposed activities have been "fast tracked" per the Governor's instructions (Charles Cox, personal comm., October 24, 1995), limiting alternatives analysis. This is the report of the Service submitted pursuant to, and in accordance with, provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.) and the Endangered Species Act of 1973 (87 Stat. 884, as amended; 16 U.S.C. 1531 et seq.). Our previous comments and unresolved concerns are incorporated by reference ( see our March 3, and September 30, 1997 letters, for example). The Service has outstanding concerns, primarily related to the predicted impacts to SAV and the justification for filling jurisdictional wetlands. In light of the applicant's political requirement to expedite construction, and the fact that the bulk of our concerns are procedural, we do not oppose the issuance of a permit which would allow work to proceed. Such a permit should contain Special Conditions which would (1) leave the applicant some flexibility in bridge designs (to 7 restore the channel cross section at Spencer Creek and to minimize direct impacts to SAV), (2) to protect Federally-listed species, and (3) to cooperatively design and implement a study of the environmental impacts the new bridge will have on SAV and SAV-dependent communities in space and time. Further, we support use of the proposed Mashoes Road Mitigation Site, although provisions to protect the site's water rights in perpetuity should be made. We will, however, seek to address the procedural issues pursuant to the December 21, 1992 revised Clean Water Act § 404(q) Memorandum of Agreement between the Departments of the Army and Interior. Our major procedural concerns are that (1) the stated purpose and needs are non-water dependent (scope of analysis), and are inconsistent and/or contradicted by the applicant's actions in other, non-regulatory arenas, (2) the proposed activities will foster development which is adverse to fish and wildlife resources and habitat (cumulative effects), and (3) improving access to coastal barrier islands violates the spirit, if not the letter, of Executive Order 11988 (floodplain development) and the goals outlined in Sharing the Challenge: Floodplain Management into the 21st Century (1994). The concerns we have relative to fish and wildlife can be addressed with further avoidance or minimization as practicable at stream crossings and over the SAV in Croatan Sound. SAV habitat in North Carolina is extremely valuable to fish and wildlife resources. We are in the process of designating SAV Resource Category One in certain geographic areas, including Croatan Sound. This designation indicates that SAV is an aquatic habitat of national importance and that the Service opposes any loss or degradation of it's ecological integrity. We strongly oppose the loss of SAV for non-water dependent purposes. Our July 30. 1997 letter to the applicant's point of contact (Mr. Frank Vick) provided our concurrence that, based on the available information, the proposed activities are unlikely to adversely affect Federally-listed threatened or endangered species. In addition, Transportation Act § 4(f) issues with the Alligator River National Wildlife Refuge have been resolved. Scope of Analysis The purpose and need for the improvements are "to improve traffic flow and enhance safety, particularly during emergency hurricane evacuation events which occur during peak tourist seasons." This is clearly a non-water dependent purpose. The Governor of North Carolina has the legal ability to order a mandatory evacuation of flood prone or other areas threatened by coastal storms. There is no legal constraint which would preclude ordering such a mandatory evacuation in a timely manner. Further, allowing the use of privately owned vehicles during any portion of an evacuation is not necessary. Public transport, including emergency vehicles, school buses, and National Guard trucks, can be used to evacuate tourists and residents at the discretion of the Governor and local government officials. We note that areas such as southeast Florida openly acknowledge that there are not enough lanes nor transportation available to evacuate the residents in the event of a large hurricane making landfall in populated areas. Concurrent with development of the subject proposal, and T contradicting the stated purpose, the applicant is facilitating development for additional residences, both residential and tourist, in locations such as Buxton. Buxton is routinely isolated by breaches in NC 12 when overwash, a natural and expected event, occurs. We submit that the ability to safely and effectively evacuate the barrier island population must not be an important consideration if the applicant is actively seeking means to increase the number of people in high risk areas. Hurricane evacuation is not water dependent, and the applicant's present actions demonstrate to our satisfaction that the implied inability to conduct an evacuation is not serious enough to warrant curtailing new road planning in areas subject to imminent development. We believe that hurricane evacuation is not a legitimate purpose or need for the subject activities. Further, improved traffic flow and other safety issues are also non-water dependant. It is our opinion that the Outer Banks is the most suitable location in North Carolina for mass transit. One road, NC 12, runs from Hatteras to Currituck. No residential structures are located more than a few hundred yards from this road. As stated above, the applicant's facilitation of additional roads to support additional residential and tourist development appears to contradict the implicit assumption that traffic does not currently flow smoothly. If the traffic problems are based on projected growth, the applicant can remedy anticipated problems by not facilitating that growth; if the problems are based on current issues, the applicant is exasperating traffic congestion with it's own policies and actions. The environment should not be degraded, nor wetlands impacted in lieu of policy corrections by the applicant. Non-structural alternatives such as mass transit, or curtailing contradictory transportation policies, can resolve traffic flow and safety issues without adversely effecting aquatic ecosystems. It remains a concern to the Service that most urban area bypass projects in North Carolina are unnecessary. Traffic flow problems could be resolved by purchasing and restricting access easements along existing thoroughfares. It is unreasonable to degrade or destroy fish and wildlife habitat with Federally-funded highway bypass projects because local and state planners choose not to zone development in a manner consistent with existing infrastructure. Eliminating excessive access to the current US 64-264 through Manteo would provide a non-structural solution to the purpose and need, yet would minimize the need to fill or degrade jurisdictional wetlands. Improved traffic flow and enhanced safety are non-water dependant activities and can be achieved in a non-structural manner using the same federal funds (the Intermodal Surface Transportation Efficiency Act) without the proposed wetland filling activities. Cumulative Impacts It is important that any secondary development facilitated by the proposed activities should be identified. Secondary impacts to wetland habitats ought to be subjected to the same sequencing of avoid, minimize, and mitigate as primary impacts. We have identified development of the mixed upland and wetland land parcels as a major concern. Since the applicant has not addressed the issue, we recommend the subject permit contain measures which limit to zero the number of V additional tie-ins to applicant-managed roadways within one half mile of the terminus of the proposed activities. It is our opinion that such a measure will protect what remains of the ecological integrity of the affected areas, and, simultaneously protect private property rights. Although roads are a form of government subsidy, not making that subsidy available should not reduce the value or available uses of private property. We are also concerned about the changes in hydraulics which will result from the bridge piling placement. Placement and span can change current velocities and vectors, causing unpredicted scour or deposition. These changes in hydraulics affect habitat quality and the relative safety and timeliness of passage by waterborne fish and wildlife. Although significant development is occurring on Roanoke Island and the Outer Banks, we believe the proposed activities facilitate the construction of residences, businesses, and infrastructure on barrier islands. Such structures, even when not protected by seawalls or other hard defenses, tend to halt barrier island migration and bring about beach erosion. Narrow beaches are adverse for the beach strand ecosystem (invertebrates, reptiles, birds, fishes, and plants specially adapted to vigorous wave and aeolian energetics, low organic content in the substrate, sun exposure, saline water or spray, and episodic nutrient availability). Some of these species are Federally-listed, endangered, threatened, or "of concern" species, others are protected by international treaties, and still others are managed in interstate compacts. Beach strand ecosystem dynamics, including the response of populations to spatially extensive development, is virtually unknown. However, we have no reason to believe the impacts are benign. The applicant has indicated that they will consider fish and wildlife passageways, and hydrologic continuity, in westward components of the planned US 64 improvements. We appreciate this, and have offered to meet with the applicant and other interested parties as soon as possible to begin design, development, and implementation planning. We suggest the District Engineer endorse such a meeting in the Record of Decision (a public document), and direct the applicant to initiate this process within ninety days of license issuance. The proposed activities will have a number of secondary, cumulative impacts, from already received proposals to develop wetlands adjacent to the bridge's terminus, to loss of beach strand habitat and potential changes in fish passage success. It is unreasonable that no effort to qualify or quantify these impacts has been attempted by the applicant or the action agencies. Executive Order 11988 Barrier island flood zone development, or facilitation of such development, has significant adverse impacts on fish and wildlife resources. Such activities also pose risks to human life and property. The 1996 hurricanes (Bertha and Fran) which made landfall in North Carolina clearly demonstrate the cost to society, in terms of life, property, fish and wildlife, and governmental resources, of developing areas in coastal flood zones. Executive Order 11988 states that "each agency [which we believe to mean BOTH the Federal Highways Administration and the U.S. Army Corps of Engineers] shall provide leadership and shall take action to reduce the risk of flood loss, to minimize the impacts of floods on human safety, health and welfare, and to restore and preserve the natural and beneficial values... [of flood zones]." In our opinion, the proposed activities are inconsistent with that statement. The improved US 64-264 will facilitate environmentally unsound development on a geologically unstable barrier island, will enhance ongoing losses of fish and wildlife habitat (including loss of sea turtle nesting beaches), and will contribute to the unsafe development of isolated communities in places such as Hatteras Island. The proposed activities will undoubtedly be a contributing factor in the significant Federal disaster assistance expenditures required on the Outer Banks after the next large flood event. According to the February 18, 1997 memorandum from Franklin D. Raines of the Office of Management and Budget and Kathleen A. McGinty of the Council on Environmental Quality (Floodplain Management and Procedures for Evaluation and Review of Levee and Associated Restoration Projects) "... agencies shall seek to comply rigorously with Executive Order 11988 by avoiding or minimizing future floodplain damage through use of alternate floodplain management planning." Given the low elevation and flood prone nature of the islands served by US 64-264, we believe it is appropriate to consider them floodplains, and to manage Federal actions as such. Fish and Wildlife Resources The Service and the applicant have agreed to restore, to the extent practicable, the original channel configuration and floodplain hydrology at some of the seven "streams" affected by the proposed activities. It is our intention to maintain hydrogeomorphic and biotic integrity in the aquatic habitats surrounding the improved roadway. The design and implementation of stream and floodplain crossings remains uncertain and somewhat experimental. Based on recent informal discussions with the applicant, we believe they are committed to developing structures and designs which protect the biological, chemical, and physical integrity of such waters. We recommend the applicant continue working with the Service and other resource agencies to develop sound wetland and floodplain crossing designs . Finally, we note that the most onerous impacts, to the SAV, are the result of design choice. Bridge footers are spaced according to bridge span length. Bridge design and span length are the most important variables which affect the extent of degradation to SAV habitat (shading is also a function of bridge design). No documentation has been presented to demonstrate that minimization of SAV loss by manipulating bridge design or span length has been attempted. While the Service lacks engineering expertise and generally defers to the applicant's in-house experts, the proposed impacts to SAV habitat would be adverse to aquatic resources of national importance. Therefore, it is prudent to review the decision-making process, and to re-evaluate alternative bridge designs which could avoid or minimize the impacts to the SAV. We recommend that alternate designs and bridge span lengths be thoroughly explored by the applicant and resource agencies. Croatan Sound is a vital corridor for water, fish, wildlife, plants, and waterborne materials such as nutrients. It links the inlets of Pamlico Sound with Currituck and Albemarle Sounds, which is particularly important for estuary dependent fish and shellfish. The proposed activities are likely to change the Sound's hydraulics to some extent. This may have an adverse effect on waterborne fish and wildlife resources which must move between Albemarle and Currituck Sounds and pelagic habitats to complete their life history. The Clean Water Act authorizes the permitting agencies to ensure the safe and timely passage of such organisms through or around structures placed in the Nation's waters. Many juvenile fish, shellfish, and birds reside or forage for all or part of their lives in the SAV. The SAV in Croatan Sound is mainly wigeongrass (Ruppia spp.). The proposed activities would impact the integrity of the SAV habitat by filling for bridge footers, changing current velocities and energetics, and by shading. Wigeongrass is associated with shallow nearshore zones in moderate velocity currents and a salinity which can be variable but usually ranges from about 10 to 20 parts per thousand (mesohaline). Wigeongrass is fairly stable in terms of annual biomass; in turn, it has a stable macrobenthic community. The macrobenthic community is very diverse, and is classified as the Macoma phenax-Mulunia lateralis-Retussa canaliculata association (Copeland, B.J., R.G. Hodgson, S.R. Riggs, and J.E. Easely, Jr., 1983, Estuarine Profile of Albemarle Sound, North Carolina USFWS, OBS, Washington, D.C.). Rooted wigeongrass supports periphytic algae (attached to the macrophyte), and rotifers, nematodes, arthropods, and grass shrimp. Among the many fish and shellfish which utilize oligohaline and mesohaline SAV beds, Atlantic croaker (Micropogonias undulatus), spot (Leiostomus xanthurus), weakfish (Cynoscion regalis), Atlantic menhaden (Brevoortia tyrannus), southern flounder (Paralicthys lethostigma), penaeid shrimp (Penaeus spp.), and blue crab (Callinectes sapidus) are typically found in wigeongrass in the highest numbers. Croatan Sound is an important loafing and forage area for overwintering waterfowl. While we have no site specific information concerning waterfowl and wading bird use of the SAV in the bridge alignment, ruddy duck (Oxyura jamaicensis), greater and lesser scaup (Aythya manila and A. affinis, respectively) are often reported in the vicinity. Aside from its ecological value as estuarine habitat, the bridge footprint crosses SAV and benthic habitat that is important from a landscape perspective (linking the landlocked Albemarle and Currituck Sound tributaries with Pamlico Sound and ocean inlets). Postlarval fish and shellfish that require SAV during their first year may be dependent on the ecological and spatial integrity of this site for their survival. Similarly, their predators and symbiotes may be adversely affected. The loss of SAV by shading, fill, altered hydraulics, or other means has a multiplier effect on the dependent fish and wildlife resources. We speculate that the effects of SAV loss and degradation will not be linear; the animals which have been monitored in Albemarle and Pamlico Sounds have a response that is partially environment-dependent. Therefore, any monitoring of SAV which is meant to quantify the impacts of the proposed works must include reference sites or, optimally, baseline data from the impacts area. The parameters evaluated must include a suite of measures which reflect the ecological forms and functions which occur in SAV habitats. Additionally, due to the unique landscape position of this particular set of SAV beds, some population parameters should be developed to assess the spatial and temporal scale of the disturbance. Conclusion The Service has some concerns about the ecological impacts of the proposed activities. However, the applicant has political instructions to expedite the proposed construction. Our concerns do not warrant holding the subject permit in abeyance. We will continue to work with the applicant to resolve outstanding issues concerning hydrologic continuity and bridge footer placement. Meanwhile, we seek the District Engineer's involvement in resolving the procedural and policy issues raised by this permit application. Federally-listed threatened and endangered species have been provided adequate protections under separate agreements with the applicant. We believe that direct and indirect SAV impacts should be avoided or minimized to the extent practicable, that the changes to the aquatic environment and the safe and timely passage of fish, shellfish, and wildlife through Croatan Sound, and, around roadways in general. To protect, maintain, and restore other Federal trust fish and wildlife resources, we recommend the following Special Conditions be inserted into the subject permit: The permittee shall coordinate with interested parties, including the U.S. Fish and Wildlife Service, during all design and construction phases, to ensure that bridge and stream crossing designs provide the maximum environmental restoration and protection practicable. Such designs may include, but are not limited to, stream channel and floodplain restoration and the installation of culverts such as required to restore the natural overbank and floodplain hydrologic continuity, the use of variable bridge section lengths so that bridge footings can be located in a manner conducive to protecting aquatic habitat and to protect and maintain the safe and effective passage of fish and wildlife through the project facilities in perpetuity. The permittee shall, within ninety days of the date of license issuance, initiate proceedings with interested parties, including but not limited to, the U.S. Fish and Wildlife Service, to develop, design, test, and implement means of insuring the safe and timely passage of endemic and native mammals, amphibians, reptiles, fish, and swimming birds through roadways in the coastal plain of North Carolina. The permittee shall develop, in coordination with interested parties, including but not limited to, the U.S. Fish and Wildlife Service, a monitoring and reporting program to quantify and assess the changes in Croatan Sound's aquatic environment associated with the permitted activities. Such a plan shall include, but not be limited to, water vectors and velocities, benthic habitat integrity, and an evaluation of erosive and depositional patterns. 1 In our opinion, the final Special Condition must include the establishment and protection (in perpetuity) of a minimum of six monumented (permanent) cross-sections (profiles) of Croatan (four cross-sections) and Roanoke (two cross-sections) Sounds. Detailed cross-sectional bathymetric measurements and sediment core samples should be taken at one-meter intervals along each cross-section. The cross-sections should be located at the following locations: Croatan Sound, at the new bridge, at the existing bridge, and at locations to be determined within the expected hydraulic zone of influence of the new bridge; at Roanoke Sound: at the existing bridge, and at locations to be determined within the expected hydraulic zone of influence. Cross-sectional profiles should be taken at representative times throughout the water-year for a period of not less than ten years after license issuance, beginning prior to the initiation of construction activities. Sediment cores should be taken once each year; portions of each core shall be examined for sediment size, percent sand, clay, or fines, total organic carbon, invertebrate content, and live root mass. Subsamples should be preserved by the permittee for a period not less than twenty years after permit issuance. Similarly, non-disturbing benthic surveys should be conducted each year. At least twice, once prior to construction and once after, a two-tide cycle of water vector, velocity, and magnitude should be continuously monitored at each cross-section. The results of each set of studies should be reported, and raw data made available, in biennial reports, within six months of their completion. A peer-reviewed final report, including an assessment of modeling techniques, hydraulics, and benthic community resilience or changes associated with the proposed activities, should be published within a year of completion of the ten-year monitoring program. We appreciate the opportunity to comment on the subject application. Please call Kevin Moody of my staff at (919) 856-4520 extension 19 if you have any comments or questions. Sincerely, John M. He er Field Supervisor cc: DCM, Raleigh, NC (John Parker) DCM, Elizabeth City, NC (Terry Moore) DMF, Elizabeth City, NC (Sara Winslow) DOT, Raleigh, NC (Frank Vick, Charles Bruton) DOT, Edenton, NC (Randy Turner) DWQ, Raleigh, NC (John Domey) WRC, Raleigh, NC (Frank McBride) EPA, Wetlands Regulatory Branch, Atlanta, GA (Thomas Welborn) EPA, Office of Environmental Assessment, Atlanta, GA (Heinz J. Mueller) FhwA, Raleigh, NC (Nicholas Graf) NMFS, Beaufort, NC (Larry Hardy) FWS/R4:KMoody:KM:10/30/97:919/856-4520 extension 19:\NC64-264.wpd NCWRC,HCP,FALLS LAKE TEL:919-528-9839 Dec 30'97 14:04 No.004 P.02 KN Noah Carolina Wildlife Resources Commission U 512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391 Checks R. Fullwood, Bmeutive Director MEMORANDUM TO: John Parker, Jr. Major Permits Processing Coordinator Division of Coastal Management FROM: David Cox, Highway Projcct Coord T Ilabitat Comervation Program ' DATE, December 29. 1997 SUBJECT: NCDOT improvements to US 62/264, from West of Maims Harbor to South of Manteo including a new crossing of Croatan Sound, Darn County, North Carolina. 'riP No. K-2551A & B. We have reviewed the November 24,1997 individual 404 permit application as well the information contained in the CAMA Dredge and Fill application regarding wetland impact totals, environmental commitments and proposed wetland mitigation. Our comments are provided in accordance with provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C.. 661 ct. scq.) and the Coastal Area Management Act (G.S. It 3A-100 through 113A- 128). We are satisficd with the wetland avoidance and minimization measures NCD0T has incorporated into the design of this project. We arc also satisfied with the environmental commitments included in the Environmental Assessment and Finding oi'No Significant Impact. We continue to have concerns regarding the Mashoes Road Mitigation Site plan. Our concerns are as follows: 1. Monitoring of the site should continue for a length of five years (5) instead of the three years proposed in the plan. 2. Mitigation credits are to be derived from preservation of uplands and open water. We lcel that no mitigation credit should come from the open water on the site. If natural upland areas exist that are providing biological functions (buffers, hummocks for wildlife) these areas should receive credit at a 20 to 1 ratio. NCWRC,HCP,FALLS LAKE TEL:919-528-9839 Dec 30'97 14:04 No.004 P.03 3. All mitigation activities should receive mitigation credits at the ratios recommended in the EPA guidelines. 4, if a littoral shelf is a desirable feature to be incorporated in the large borrow pit, one option to construct the shelf could be to excavate into the surrounding land. Although this may impact existing wetlands or may take away from the available restoration acreage, we would be willing to give some amount of mitigation credit to NCDUT for this feature. 5, If additional marsh restoration credit is needed for permit modifications, we suggest that NCDUT explore the potential for filling some of the large borrow pit to surrounding marsh elevation and planting with the spprupriute marsh species. NCDUT is aware of these concerns and we understand that a letter responding to resource agency concerns over the Mashocs Road Site is forthcoming. If these issues are resolved in the subject letter, we have no objection to the issuance of the LAMA permits for this project. Thank you for the opportunity to comment on this permit application. 11' you have any concerns about our comments, please contact me at (919) 528-9886, cc: C:yndi Bell, DWQ, Raleigh Mike Bull, IJSAC4r, Washington FINAL REPORT NEW CROATAN SOUND BRIDGE AQUATIC INVESTIGATION An Inventory of Submerged Aquatic Vegetation At the Western & Eastern Approaches to Proposed Bridge on U.S. 64-264 State Project Number 8.T051401 T.I.P. Number R-2551 NCDOT Consulting Number 96-LM-10 Prepared for: Permits and Wetland Mitigation Unit Planning and Environmental Branch North Carolina Department of Transportation One South Wilmington Street, Room 462 Raleigh, NC 27611 Issue Date December, 1997 L&M Project Number 96-024-10 Langley and McDonald, P.C Engineers 5544 Greenwich Road, Virginia Beach, VA 23462 Surveyors (757) 473-2000 FAX: (757) 497-7933 Planners Landscape Architects 201 Packets Court, Williamsburg, VA 23185 Environmental Consultants (757) 253-2975 FAX: (757) 229-0049 n Fj TABLE OF CONTENTS PROJECT INTRODUCTION ....................................................................................... ' PROJECT METHODS ................................................................................................. I Croatan Sound Bridge Western Approach Survey and Sampling .................. ............................. I Croatan Sound Bridge Eastern Approach Survey and Sampling ................... .............................3 Croatan Sound Control Site Survey and Sampling ......................................... .............................3 PROJECT RESULTS AND DISCUSSION ............................................ ......................... 4 ' Croatan Sound Bridge Western Approach ..................................................... .............................4 Croatan Sound Bridge Eastern Approach ...................................................... ............................. 4 ' Croatan Sound Control Site ............................................................................ .............................5 CONCLUSIONS .................................................................................. ......................... 6 LIST OF TABLES TABLE 1. Mean (Standard Error) Abundance of SAV (Widgeon grass) LIST OF FIGURES 1 FIGURE 1. Locations of the New Croatan Sound Bridge and Control Site FIGURE 2. Transect and Sampling Locations for Croatan Sound Bridge Western Approach FIGURE 3. Transect and Sampling Locations for Croatan Sound Bridge Eastern Approach FIGURE 4. Transect and Sampling Locations for Croatan Sound Control Site FIGURE 5. SAV (Widgeon Grass) Biomass FIGURE 6. SAV (Widgeon Grass) Shoot Lengths FIGURE 7. SAV (Widgeon Grass) Density APPENDIX 1 Sampling Data from the New Croatan Sound Bridge Submerged Aquatic Vegetation (20 pages) ' North Carolina Department of Transporlalion December 1997 Langley and ;McDonald, P.C. No. 96-024-10 Page i I I I I I I I I I I I I I I I I I I PROJECT INTRODUCTION The purpose of this study was to perform an inventory of Submerged Aquatic Vegetation (SAV) at the location of the new Croatan Sound Bridge (Figure 1) as requested by Federal regulatory agencies. The data generated from this study determined whether SAV populations existed and their relative abundance compared to a distant control site. In addition it is intended to be compared to post-construction SAV survey data (not part of this scope of work) to determine whether either of the following conditions had a demonstrable effect on the SAV communities: • Construction of the new bridge. • Post construction shading caused by the new bridge. Because SAV communities fluctuate significantly over time due to seasonal variability or year- to-year differences in factors such as storms, river flow, or regional water quality, a nearby control site not affected by bridge construction activities is necessary. Only by comparing SAV population levels over time at the bridge construction sites to population levels at the control site can a determination be made as to whether any changes at the bridge sites are most likely due to the effects of more general environmental conditions, or those arising from the bridge replacement project itself. SAV sampling methodologies, sample collection and data analysis were the responsibility of Dr. Kenneth Moore of the Virginia Institute of Marine Science (VIMS) who was assisted by Ms. Betty Neikirk, M.A. (VIMS). Survey work and field sampling of the western approach were conducted between August 4 and August 6, 1997, and on the eastern approach between August 7 and August 8, 1997. Control site selection, survey work and field sampling were conducted between August 11 and August 12, 1997. PROJECT METHODS Croatan Sound Bridge Western Approach Survey and Sampling A total or seven transects ranging from 150 to 300 meters in length (as measured from the adjacent shoreline) were established parallel to the center line of the new Croatan Sound Bridge (Figure 1) . Transects were located as follows at the western approach (Figure 2): • One transect was located along the centerline of the new bridge. • Transects were positioned +10, +20, and +40 meters south of the centerline. • Transects were positioned -10, -20, and -40 meters north of the centerline. Each of these transects as well as the general shoreline features were located by Langley and McDonald using Differential GPS survey together with HYPACK navigational software and an on-board laptop computer mounted on L&M's 18-foot vessel manned with a captain and North Carolina Department of Transportation December 1997 Langley and McDonald, P. C. No. 96-024-10 Page 1 i V t ' environmental specialist. NCDOT provided centerline staking of the bridge as well as vertical control at the bridge sites. Vertical control was transferred to the control site by L&M personnel. ' Mean high water (MHW) was determined by NCDOT to be 0.238 m above the National Geodetic Vertical Datum 1929 (NGVD29). ' Using GPS and HYPACK, marked buoys were placed at 50 meter intervals along each transect prior to sampling. Two research divers using SCUBA placed a negatively buoyant line along the length of each transect until water depths exceeded 1.5 m below NGVD29. Known distributions ' of SAV in other regions and preliminary surveys in this area suggested that SAV would be found shallower than this depth. ' At 10 m intervals along each transect, a 0.1 m-2 sampling ring was placed on the bottom and a visual estimate of percent cover of each SAV species within the ring was made and recorded. General observations of the conditions between each sampling point were also recorded. A total of 175 bottom cover observations were made over the 7 transects (Appendix 1). ' Additional quantitative data was obtained by hand coring (0.18m-') the center of the observational ring to a depth of 20 cm at approximately three locations along each transect where SAV were present. No core samples were taken along transects that did not have SAV. Each core, including intact sediments and SAV, was brought to the surface and transported to the support vessel where the sediments were removed by gently washing with sound water through a 0.5 cm mesh wire sieve. The intact SAV from each sample, including all aboveground and ' belowground plant material, was placed in a water tight plastic bag, labeled, sealed and placed on ice in a cooler. The plant material was maintained on ice until subsequent analysis within 48 ' hours for: 1) species present, 2) species aboveground and belowground biomass, 3) species density, and 4) shoot lengths. A total of 16 cores of SAV were sampled and analyzed for SAV at the western approach site (Appendix 1). ' Bottom depths (measured as cm below the water surface) were recorded at each sampling point at the time of SAV sampling using a rod graduated to millimeters. The time of each depth ' elevation measurement was recorded and the actual bottom elevations were determined by comparison to a fixed tidal marker to correct for changes in water surface elevations over time and to relate the relative depth measurements to the fixed datum (NGVD29). ' Macrophyte vegetation samples were washed with tap water in the laboratory to remove attached sediments and detrital or other allochthonous material, wiped free of epiphyton, separated by ' species, if necessary, and counted. Shoots were separated into aboveground and belowground (roots and rhizomes) material and an arbitrary sub-sample of 20 shoots was measured for ' aboveground shoot lengths. Biornass material was placed in individual aluminum foil packets, allowed to air dry for up to seven days at 25 °C, then oven dried at 60 °C for four hours and weighed. North Carolina Department of Transportation December 1997 ' Langley and McDonald, P, C, No. Sri-024-10 Page 2 C r I 7 u Croatan Sound Bridge Eastern Approach Survey and Sampling A total of seven transects ranging from 100 to 250 meters in length (as measured from the ' adjacent shoreline) were established parallel to the centerline of the new Croatan Sound Bridge (Figure 1). Transects were located as follows at the eastern approach site (Figure 3): • One transect was located along the centerline of the new bridge. ' • Transects were positioned +10, +20, and +40 meters north of the centerline. • Transects were positioned -10, -20, and -40 meters south of the centerline. I Each of these transects and shoreline features were established and surveyed as previously described for the western approach site. Sampling, including depth measurements, SAV cover estimates and biomass samples, was also conducted in the same manner. A total of 215 SAV bottom cover observations were made (Appendix 1), but because of the lack of SAV observed at this site only two (2) biomass samples were obtained. Macrophyte vegetation was measured and analyzed as described previously. Croatan Sound Control Site Survey and Sampling The location of the control site was determined using the following criteria: 1) it must be remote (at least 1 km) from the access, staging and construction areas, but in the general vicinity of the bridge site across the Croatan Sound, 2) it must contain similar SAV, and 3) it must be isolated from other disturbances (eg. marinas, boat ramps). To accomplish this, a series of survey dives were conducted at a variety of sites at least 1 km from the bridge site. Only one control site was established (Figure 1) since the bridge corridor surveys as well as other survey dives along both the eastern and western shorelines of the Croatan Sound revealed all the SAV beds to be similar with only one species present, widgeon grass (Ruppia maritima). Five (5) transects were located within the control site, spaced 20 m apart to cover the same base width (80 m) as the bridge approach study areas (Figure 4). Each of these transects and shoreline features were established and surveyed as previously described for the western and eastern approach sites. Sampling, including depth measurements, SAV cover estimates and biomass samples, was also conducted in the same manner. A total of 66 SAV bottom cover observations were made (Appendix 1), and 12 biomass samples were obtained. Macrophyte vegetation was measured and analyzed as described previously. North Carolina Department of Transportation December 1997 ' Langley and McDonald, P.C. No. 96-024-10 Page 3 H J 1 C L I e f ? ?'y ?, r: {?`j j,' ?# ,j { a {?} ?, rf . ? .? I ' PROJECT RESULTS AND DISCUSSION ' Croatan Sound Bridge Western Approach ' SAV vegetation was found growing within the western approach site at shallow depths (maximum of -50 cm NGVD29 but usually -25 cm or less) in a 10-20 m width band extending up to 30 m from the existing shoreline (Figure 2). The shoreline consisted of a narrow fringing ' beach and eroding tidal marsh which was vegetated with a variety of salt tolerant species including saltmarsh cordgrass (Spartina alterniflora), big cordgrass (Spartina cynosuriodies), ' saltmeadow cordgrass (Spartina patens) and needlegrass rush (Juncus romerianus). The SAV beds were vegetated with only one species, widgeon grass, which is a species tolerant of a wide range of salinity conditions. Salinities recorded here during the field sampling were 10-12 ppt or t about 1/3 that of ocean water. Within the SAV zone, the vegetation was growing in a mosaic of intermittent patches from 5m to 10m in diameter which were separated by several meters of unvegetated sandy bottom. Approximately 1591m2 of bottom within the 80m width western ' approach was vegetated in such a manner with widgeon grass. The bottom areas where vegetation was present consisted of a thin veneer of sand underlain with relic marsh peat to depths of at least 20 cm. This was consistent with other erosional characteristics of the shoreline which suggests that the marsh along this site has been continually retreating, leaving submerged peat deposits in the shallow water. The widgeon grass vegetation was firmly rooted into the peat, supporting the supposition that the solid substrate enables the widgeon grass to withstand strong wave activity ' which may be present at times. The ratio of belowground to aboveground biomass of the SAV was nearly 2:1 here (Table 1). In more quiescent areas, widgeon grass would typically have below:above biomass ratios of 1:1 or less. August should be a period of maximum annual ' biomass for widgeon grass in this region yet the aboveground biomass (11.2 g m-2; Fig. 5), mean shoot lengths (5.2 cm; Fig. 6) and densities (3700 m-2; Fig. 7) were quite small in comparison to that noted in other areas, such as the control site. This relatively low size and density may be ' controlled, in large part, by erosional (physical) factors. Croatan Sound Bridge Eastern Approach ' In contrast to the western approach site, the eastern approach site shoreline was largely unvegetated with SAV (Figure 4). Only one small patch of 32m2 was found within a small, ' shallow, relatively protected marsh embayment. Biomass, density and shoots lengths are comparable to the SAV vegetation observed within the western approach site (Table 1; Figs. 5 to ' 7). The shoreline here consisted of saltmarsh which was generally of the same mix of emergent marsh species as the western approach shore. The lack of SAV at this site may be due in part to the exposure and active erosion of the marsh shoreline, as well a relative narrow nearshore zone. ' Large blocks of submerged, eroded marsh peat were found adjacent to the shore throughout the study area at water depths of up to 2 meters. This indicates active erosion has occurred here in the recent past. A survey of shoreline areas both north and south of the eastern approach site North Carolina Department of Transportation December 1997 ' Langley and McDonald. P.C. No. 96-024-10 Page 4 t ^ cn cd r? V O (1) b? 3 4.. O U G cd 7b G Q ti O W b cd b O cd c? a? EFL a, U = N O L M O p cn ?. ?. c - O o '"' U O N M o0 O ?n \?D N CA coo N ?p Oo C? Q 00 ?10 d M M Q? N c z 00 M ^ O N M 00, p ? C1 M °O O M 7t ?N N L cd - V1 M 3 0 ? 0? O O ?t M y N M ?O ? ? O N ?n N ^ ? ? O N N M U U _ o o +? ? Q O ? Q) N U a) cd 3 w r - L I'll u u } t ?%.M.:.r... revealed that widgeon grass was present in numerous, intermittent patches along much of the Croatan Sound shoreline. Like the western approach site, this may be related to suitable substrate for rooting in an exposed environment. Croatan Sound Control Site The control site was located along the western shoreline of the Croatan Sound, approximately 0.97 km south of the western approach site, and was well vegetated with widgeon grass. The site was situated along a reach of undeveloped marsh shoreline of similar composition to that of the two bridge sites, and it was far removed from potential man-made disturbances. Bottom cover, biomass, densities, shoot lengths, and bottom cover of SAV were greater here than at either of the bridge study areas (Table l; Figs. 5 to 7). However, the beds at all three sites were similar in many respects including the water depths at which the SAV were growing and the bottom substrate type within the beds. The SAV covered approximately 673m' of nearshore bottom within the 80 m wide control site. Widgeon grass beds typically produce many elongated "reproductive" shoots during the summer in mid-Atlantic coastal regions. Unlike many "true" seagrasses which pollinate underwater, widgeon grass must release pollen onto the surface, where it is held up by the water's surface tension until it is intercepted by the female flowers that extend to the surface during periods of low tide. While no reproductive shoots were observed within either of the bridge sites, a number of reproductive shoots were observed within the control area. These shoots averaged 25 to 50 cm in length and comprised approximately 15-20% of the shoots in the samples where they occurred. Therefore, the overall mean SAV biomass and shoot lengths at this site were much greater than that of the other study areas (Table 1; Figs. 5 and 6). Non-reproductive shoots at this control site were much shorter and more consistent with the vegetation sampled within the eastern and western approach sites, although the densities of the shoots were generally higher (Fig. 7). Other patches of widgeon grass containing many reproductive shoots were also observed at a number of locations along both east and west shorelines of the sound. Therefore, the beds found at this control site were not unusual for this region. Typically, reproductive shoots do not occur in relatively exposed sites, suggesting that the exposure of the control site may be somewhat less than that of either of the approach sites where no reproductive shoots were found. Otherwise, this site appears very similar to the bridge sites although the abundance of SAV is higher here. Although widgeon grass is a perennial species which grows vegetatively, beds can demonstrate wide annual fluctuations in abundance due to a variety of physical, chemical and biological factors. The SAV at this control site should respond in a similar manner to the bridge sites to changes in regional conditions such as storm events and hurricanes, or to reductions in water quality within the sound. As such, it should serve as a good control with which to assess potential bridge construction related impacts relative to more general fluctuations in local population abundance. ;North Carolina Department of Transportation December 1997 Langley and McDonald, P.C. No. 96-024-10 Page 5 1 I I CONCLUSIONS The nearshore zone of the Croatan Sound bridge western approach supported a population of SAV vegetated exclusively with widgeon grass, which extended over an area of approximately 1591 mz. Widgeon grass is an ecologically important SAV species which is a valuable food source for overwintering waterfowl species. Its name is adapted from the American widgeon, a North American duck commonly found feeding on SAV beds of this species. The widgeon grass growing here was limited to the shallowest areas where depths were less than -50 cm NGVD29. The nearshore zone of the Croatan Sound eastern approach site was nearly unvegetated with SAV, although a small 32mz bed of widgeon grass was found along the northern edge of the study area. SAV vegetation at both approach sites was typical of SAV beds observed nearby along the shorelines. A SAV control site was established along an 80 m reach of shoreline on the Croatan Sound approximately 0.97 km south of the western approach area. Although the SAV vegetation here was determined to be of greater density and area biomass than either of the two approach sites, it was characterized by the same monotypic beds of widgeon grass which were found to be growing within similar depth zones and on similar substrates as that found at the bridge sites. Because of these characteristics the area was determined to be a suitable control site with which to assess bridge construction related impacts. The low abundance of SAV at both approaches to the proposed bridge were most likely due to the erosive environment present. The distribution of SAV growing within the western approach of the proposed bridge was patchier and not as great as that observed at the control site nor other areas observed in the immediate vicinity, but was within the ranges observed along the western shoreline. The eastern approach was virtually devoid of SAV, while areas to the north and south had more SAV. Changes in bottom type or depths may preclude SAV survival, or possible recolonization of SAV at the approaches to the proposed bridge after construction, due to the physically stressed (erosive) environment. North Carolina Department of Transportation December 1997 Langley and McDonald P. C. No. 96-034-10 Page 6 L 1 a m z ' v r 1 r CI Gi u a? d. f- ? V) "?.. ? 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U O z x ,? o° U W z w F- 0 0 0 00 O N I- 00 U O O O 0 0 0 00 00 00 0 0 0 c c c 0 o c U U U DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers Post Office Box 1890 Wilmington, North Carolina 28402-1890 ACTION ID No. 199502334 PUBLIC NOTICE Off , 917 0 !? toe 3, 1997 THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION (NCDOT), DIVISION OF HIGHWAYS, Post Office Box 25201, Raleigh, North Carolina 27611-5201 has applied for a Department of the Army (DA) permit TO FILL 13.22 ACRES OF SECTION 404 WETLANDS, MECHANIZE LAND CLEAR 3.83 ACRES OF SECTION 404 WETLANDS, DRAIN 2.79 ACRES OF SECTION 404 WETLANDS, AND FILL, 0.05 ACRES OF OPEN WATERS OF THE UNITED STATES ADJACENT TO THE CROATAN SOUND, SPENCER'S CREEK AND UNNAMED TRIBUTARIES. THE NCDOT PROPOSES TO WIDEN APPROXIMATELY 10 MILES OF U.S. 64-264, INCLUDING CONSTRUCTING A NEW BRIDGE OVER THE CROATAN SOUND AND ADJACENT MARSHES, FROM US 64-264 WEST OF MANNS HARBOR TO NC 345 SOUTH OF MANTEO, IN DARE COUNTY, NORTH CAROLINA, TIP NO. R-2551, FEDERAL AID PROJECT NO. NHF-64(6), STATE PROJECT NO. 8.T051401. The following description of the work is taken from data provided by the applicant and from observations made during onsite inspections by a representative of the Corps of Engineers. Plans submitted with the application show that the NCDOT proposes to improve US 64-264 from west of Manns Harbor to south of Manteo. This proposal begins as a widening of the existing 2-land roadway at the intersection of US 64-264 approximately 1.9 miles west of Manus Harbor. From this western terminus, the proposal will add two additional travel lanes on the south side of the existing roadway, resulting in a 4-lane shoulder section through the Alligator River National Wildlife Refuge. A new 4-lane bridge will be constructed across Spencer Creek and the 4-lane shoulder section will transition to a 5-lane curb & gutter section for that portion of the project which passes through Manus Harbor. At the intersection of US64-264 with SR 1105 the project becomes a new location alignment as it proceeds eastward, transitioning to a 4-lane barrier-divided bridge section approximately 690 feet east of SR 1105. The new 5.22 mile-long bridge, which crosses palustrine and estuarine wetlands, as well as the Croatan Sound, terminates approximately 2,000 feet east of the Croatan Sound on Roanoke Island. A 5-lane shoulder section roadway continues to the eastern terminus of the new location alignment near the intersection of NC 345 and US 64-264 south of Manteo. As it crosses the -2- Croatan Sound, the new bridge will achieve a maximum vertical elevation of 65 feet at the main channel. Wetland impacts will occur at 12 separate sites with open water impacts occurring at the Croatan Sound crossing and the Spencer Creek fill sections. Approximately 12.29 acres of estuarine wetlands will be filled by the proposed project and 7.63 acres of palustrine wetlands. The estuarine wetlands are principally black needle rush (Juncus roemerianus), and/or sawgrass (Cladium jamaicense) dominated. The palustrine wetland communities are flatwoods systems with woody scrub-shrub growth and other marsh species such as cattail (Typha latifolia). NCDOT proposes to mitigate the wetland impacts by restoring wetland acres at the Mashoes Road Mitigation Site (MRMS), currently under agency review and consideration in Dare County. NCDOT proposes to mitigate impacts to palustrine wetlands by restoring 7.62 acres of palustrine forested wetlands at the MRMS (1:1 ratio). NCDOT further proposes to mitigate impacts to estuarine wetlands by restoring 12.29 acres estuarine wetlands at the MRMS (1:1 ratio). NCDOT acknowledges that 0.75 acres of the plaustrine wetlands to be impacted are riverine and proposes mitigate this impact by restoring 1.5 acres at the Dismal Swamp Mitigation Site in Gates and Perquimans Counties. NCDOT proposes to provide additional preservation mitigation after the MRMS mitigation plan is approved. The purpose of the proposed work is to provide a mulit-lane transportation link between the Dare County mainland and US 64-264 south of Manteo. The applicant states the purpose and need for the project is to improve traffic flow and enhance safety, particularly during hurricane evacuation. A site map is included with this public notice. Copies of the application and plans of the proposed project are available upon request at the following offices: U.S. Army Corps of Engineers Washington Regulatory Field Office Post Office Box 1000 Washington, North Carolina 27889-1000 Telephone: (919) 975-1616 U.S. Army Corps of Engineers Wilmington Regulatory Office Post Office Box 1890 Wilmington, North Carolina 28402-1890 Telephone: (910) 251-4634 -3- U.S. Army Corps of Engineers Raleigh Regulatory Field Office 6508 Falls of the Neuse Road, Suite 120 Raleigh, North Carolina 27615 Telephone: (919) 876-8441 North Carolina Department of Environment and Natural Resources Division of Water Mr. John Dorney By Phone only: (919) 733-1786 9 The applicant has determined that the proposed work is consistent with the North Carolina Coastal "Lone Management Plan and has submitted this determination to the North Carolina Division of Coastal Management (NCDCM) for their review and concurrence. This proposal shall be reviewed for the applicability of other actions by North Carolina agencies such as: a. The issuance of a Water Quality Certification under Section 401 of the Clean Water Act by the North Carolina Division of Water Quality NCDWQ). b. The issuance of a permit to dredge and/or fill under North Carolina General Statute 113-229 by the North Carolina Division of Coastal Management (NCDCM). c. The issuance of a permit under the North Carolina Coastal Area Management Act (LAMA) by the North Carolina Division of Coastal Management (NCDCM) or their delegates. d. The issuance of an easement to fill or otherwise occupy State-owned submerged land under North Carolina General Statute 143-341(4), 146-6, 146-11, and 146-12 by the North Carolina Department of Administration (NCDA) and the North Carolina Council of State. e. The approval of an Erosion and Sedimentation Control Plan by the Land Quality Section, North Carolina Division of Land Resources (NCDLR), pursuant to the State Sedimentation Pollution Control Act of 1973 (NC G.S. 113 A-50-66). The requested Department of the Army (DA) permit will be denied if any required State or local authorization and/or certification is denied. No DA permit will be issued until a State coordinated viewpoint is received and reviewed by this agency. Recipients of this notice are encouraged to furnish comments on factors of concern represented by the above agencies directly to the respective agency, with a copy furnished to the Corps of Engineers. -4- "This application is being considered pursuant to Section 404 of the Clean Water Act (33 U.S.C. 1344). Any person may request, in writing within the comment period specified in the notice, that a public hearing be held to consider this application. Requests for public hearing shall state, with particularity, the reasons for holding a public hearing. The District Engineer has consulted the latest published version of the National Register of Historic Places for the presence or absence of registered properties, or properties listed as being eligible for inclusion therein, and this worksite is not a registered property or property listed as being eligible for inclusion in the Register. Consultation of the National Register constitutes the extent of cultural resource investigations by the District Engineer, and he is otherwise unaware of the presence of such resources. Presently, unknown archeological, scientific, prehistorical, or historical data may be lost or destroyed by work under the requested permit. The District Engineer, based on available information, is not aware that the proposed activity will affect species, or their critical habitat, designated as endangered or threatened pursuant to the Endangered Species Act of 1973. The decision whether to issue a permit will be based on an evaluation of the probable impacts, including cumulative impacts, of the proposed activity and its intended use on the public interest. Evaluation of the probable impacts which the proposed activity may have on the public interest requires a careful weighing of all those factors which become relevant in each particular case. The benefits which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. The decision whether to authorize a proposal, and if so the conditions under which it will be allowed to occur, are therefore determined by the outcome of the general balancing process. That decision should reflect the national concern for both protection and utilization of important resources. All factors which may be relevant to the proposal must be considered including the cumulative effects thereof. Among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards and flood plain values (in accordance with Executive Order 11988), land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. For activities involving the placement of dredged or fill materials in waters of the United States, a permit will be denied if the discharge that would be authorized by such permit would not comply with the Environmental Protection Agencies' 404(b)(1) guidelines. Subject to the preceding sentence and any other applicable guidelines or criteria, a permit will be granted unless the District Engineer determines that it would be contrary to the public interest. -5- The Corps of Engineers is soliciting comments from the public; Federal, State and local agencies and officials; Indian Tribes and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps of Engineers to determine whether to issue, modify, condition or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement (EIS) pursuant to the National Environmental Policy Act (NEPA). Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. Generally, the decision whether to issue this Department of the Army (DA) permit will not be made until the North Carolina Division of Water (NCDW) issues, denies, or waives State certification required by Section 401 of the Clean Water Act. The NCDW considers whether or not the proposed activity will comply with Sections 301, 302, 306, and 307 of the Clean Water Act. The application and this public notice for the DA permit serves as application to the NCDW for certification. Additional information regarding the Clean Water Act certification may be reviewed at the offices of the Environmental Operations Section, North Carolina Division of Water (NCDW), Salisbury Street, Archdale Building, Raleigh, North Carolina. Copies of such materials will be furnished to any person requesting copies upon payment of reproduction costs. All persons desiring to make comments regarding the application for Clean Water Act certification should do so in writing delivered to the North Carolina Division of Water Quality (NCDWQ), Post Office Box 27687, Raleigh, North Carolina 27611-7687, on or before November 10, 1997, Attention: Mr. John Dorney. Written comments pertinent to the proposed work, as outlined above, will be received in this office, Attention: Michael F. Bell, Washington Regulatory Field Office, Post Office Box 1000, Washington, North Carolina 27889-1000, until 4:15 p.m., November 24, 1997, or telephone (919)975-1616, extension 26. VICINITY NAAP tJ NAGS NUO , Hach lNb-.G.C2 I, MO ) \ Nor. 1( Mashoei es 1 az? Manns a MA Lade Harho? I ?D A R E, i 'A It 5? x1 !e r. 1S( }? SIr61E}i} T ? N SITE ff rc.,r ` - ROANOK I r r r n i , r r' i , f r -?' oo f \ - 21 b'ts 1 ?} ,n r E~ W 2 U L ? a ? ?- y v ? ?l t c N 'r W W z `w z ? o F- z s ?J u? f ?! 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I _ .r z p U I r W L n `n o N N PROPERTY OWNERS 1) Alligator River Wildlife Refuge P.O. Box 1969 USA Dept. of Interior Manteo, NC 27954 Fish and Wildlife Service 2) Ambrose, Melba M. 602 Ocean Acres Dr. Kill Devil Hills, NC 27948 3) Austin, Faye D. P.O. Box 250 Manns Harbor, NC 27953 4) Bornfriend, Joyce J. P.O. Box 127 Frisco, NC 27936 5) Collins, Merium D. P.O. Box 1238 Manteo, NC 27954 6) Collins, Oscar C. No Address 7) Eastern Fuels Inc. P.O. Box 1386 Ahoskie, NC 27910 8) Fulcher, Cynthia (Heirs) No Address 9) Hester, Frank P.O. Box 1386 c/o M. Rudolph Collins Manteo, NC 27954 10) M.L. Daniels Oil Co. Box 86 Manteo, NC 27954 11) Mann, Harry C. P.O. Box 11 Manns Harbor, NC 27953 12) Midgett, Arthur L. Rt. 1 Box 1256 Manteo, NC 27954 13) Morgan, William Hunter Sr. Box 176 Sunbury, NC 27979 PROPERTY OWNERS 14) Payne, Henrietta C. (Heirs) P.O. Box 30757 Oklahoma City, OK 73140 15) Spencer, Ira Jr. 16) Twiford, Russell E. P.O. Box 1837 Kill Devil Hills, NC 27948 P.O. Box 99 Elizabeth City, NC 27909 N. C. DEPT. OF TRANSPORTATION DIVISION OF HIGHWAYS DARE COUNTY PROJECT: 8.T051401 (R-2551A & B) US 64 - 264 from US 264 to West of NC 345 East of Manteo SHEETS-70F 8-1 _, Id 1 ` L JUN 1 1 1998 viATFROLIA li`: S% STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. E. NORRIS TOLSON GOVERNOR SECRETARY June 9, 1998 MEMORANDUM TO: File FROM: oPlanning M. Randall Turner, Division Environmental Officer & Environmental Branch-Division One SUBJECT: Summary of Environmental Field Review of the Roadway Design Modifications for the Proposed improvements to US 64/264 from West of Manns Harbor to East of SR 1105, Dare County; TIP No. R-255113; State Project No. 8.T051401; Federal Aid Project No. NHF-64(6) A field review of the project was held on May 28, 1998. The purpose of the field exercise was to give state and federal regulatory and environmental review agencies an opportunity to evaluate the proposed design revision and to make comments and recommendations on behalf of environmental issues. Those attending included: Mr. Mike Bell, U.S. Army Corps of Engineers Mr. Frank Jennings, N.C. Division of Coastal Management Ms. Cyndi Bell, N.C. Division of Water Quality Mr. Dennis Stewart, U.S. Fish and Wildlife Service (ARNWR) Mr. William Westcott, N.C. Wildlife Resources Commission Ms. Sara Winslow, N.C. Division of Marine Fisheries Mr. Art McMillan, P.E., NCDOT Roadway Design Unit Mr. Andrew Nottingham, P.E., NCDOT Hydraulics Unit Ms. Jenny Summerlin, NCDOT Hydraulics Unit Mr. Dean Argenbright, NCDOT Geotechnical Unit Mr. Frank Vernon, NCDOT Roadside Environmental Unit Mr. Bob Capehart, P.E., NCDOT Division One Mr. Randy Midgett, P.E., NCDOT Division One Mr. Dennis Meder, Division One Mr. Jeff Smith, P.E., Division One Mr. Sterling Baker, NCDOT Division One Mr. Randy Turner, NCDOT Division One During a general discussion at the Manns Harbor Community Center the group was informed that the Department's Geotechnical Unit had confirmed the presence of a deep layer of hydrophyllic soils under the P.O. Box 850, Edenton, NC 27932 (252) 482-7977 Fax: (252) 482-3826 Page 2 June 9, 1998 proposed alignment. Due to the depth of this subsoil, the recommendation was made to employ wick drains to dewater the soil during construction of the proposed roadway cross-section. Since this methodology would require super-elevation of the fill in anticipation of settling from the dewatering operation, and due to the necessity to stage the construction of the 4-lane cross-section, the footprint of the current design would result in a larger impact to the adjacent landscape. When informed of this reality, the Division Environmental Officer recommended that the additional impact be shifted toward the canal rather than toward the marsh. The recommendation was based upon the fact that anticipated impacts to the canal would be relatively minor, occurring at several discreet encroachment windows rather than continuously. Following construction of the fill sections in the canal, there would still be ample channel to support public trust activities. However, should the alignment be shifted toward the marsh, the impacts would be more severe and the zone of encroachment would be continuous. The group reconvened at the project area for an examination of the proposed alignment shift. The Resident Engineer, Randy Midgett, had previously set red-top stakes at anticipated toes of fill on the canal side, and on the marsh side of the project. These stakes depicted the maximum encroachment into the canal (representing the Department's recommended alignment), or into the marsh (representing a possible alignment shift that would avoid the canal) for each of the design options. Dennis Stewart asked if the dewatering operation (wick drains) would have any effect on the adjacent landscape. Dean Argenbright responded that the methodology results in movement of water from the targeted soils long enough to allow consolidation of the soil. The water removed during the process simply bleeds off into adjacent landscape so there is no permanent de-watering of adjacent wetlands. Mike Bell asked if the Department had considered bridging rather than filling of this roadway section. Mike was told that bridging would be prohibitively expensive. Mike asked that a cost analysis be conducted to compare bridging vs. fill in keeping with the 404(b)(1) requirements. He was informed that the cost comparison would be undertaken. The question was raised about whether the proposed rip rap fill slopes, which will encroach into the canal, could be made steeper to minimize encroachment. Dean Argenbright commented that he though a 1.5:1.0 slope was possible (the proposed slope is 2:1). This item will be given close consideration by the Department before a final recommendation is made. Dennis Stewart, representing the Alligator River National Wildlife Refuge, expressed concern about potential erosion of the south bank of the canal due to narrowing the channel be rip rap fill zones. Andrew Nottingham and Jenny Summerlin of the Hydraulics Unit responded that they did not Page 3 June 9, 1998 anticipate any problems with erosion due to the slight narrowing of the canal at encroachment points due to the fact that very little of the surface area of the canal would be lost. The vast majority of the anticipated encroachments would occur below the surface. It was suggested that the Refuge might consider some language in the right of way, or special use permit that would ensure that the refuge could hold the Department accountable for erosion events that were clearly attributable to the proposed construction. Dennis acknowledged that this approach might be taken. Sarah Winslow expressed concerns about sedimentation that could result from construction of the rip rap fill sections in the canal. She was informed that the Department would require that all zones of impact would be isolated from the larger water column with full sediment curtains during all phases of in-water work. Dennis Stewart clarified for the group that, from the Refuge's standpoint, it was important to recognize that there are two kinds of mitigation: (1) compensatory mitigation requirements growing out of Clean Water Act regulation, and (2) mitigation that the Refuge will require during the right of way process. He admonished the Department to keep these two processes separate and he also encouraged the Department to get the right of way process started because the sign-offs would be handled at the Regional level, not at the local Refuge level, and it would require a substantial amount of time. Randy Midgett asked why the marsh plants (sawgrass) that are destined to be eliminated by the project couldn't be used at the Mashoes Road Mitigation Site. He correctly noted that local plant material should be more desirable than non-indigenous nursery stock. This issue was discussed among the field meeting attendees and virtually everyone thought it was a good concept. The question of timing between the anticipated construction of the roadway project (R-2551 B) and the planting at Mashoes Road might present a problem, but the question is being pursued. If recommended, a purchase order contract might have to be cut to allow removal of the existing plants within the project footprint in coordination with planting at Mashoes Road. One further requirement would be coordination with the Refuge. There appeared to be consensus among the agencies present to eliminate the short section of "dead end" canal east of Spencer's Creek rather than rechannelize an adjacent marsh area to reestablish the canal. This section of canal Is separated from the main body of the canal by a driveway. The canal will be substantially impacted by the roadway, which transitions from a 4-lane shoulder to a 5-lane curb and gutter section east of Spencer Creek. Page 4 June 9, 1998 When asked which of the alignments they find less objectionable, all of the agencies represented stated their preference for the alignment recommended by the Department. Please contact me if I have failed to consider an important issue that may have been the subject of discussions in the field, or if I have erred in any of the details reported above. Thanks to all for your valuable time and professional input. Cc: Mr. Don R. Morton, P.E., NCDOT Mr. Bill Gilmore, P.E., NCDOT Mr. R. Len Hill, P.E., NCDOT Mr. D. R. Conner, P.E., NCDOT Field Meeting Participants (Listed on Page 1) Not Attending: Mr. Ron Sechler, NMFS Mr. David Cox, NCWRC Mr. Bill Moore, NCDWQ Ms. Deborah Sawyer, NCDWQ Mr. J. C. Manning, P.E., NCDOT Mr. David Schiller, NCDOT ?d µ SWE u x ?.n STATE OF NORTH CAROLINA d trim DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. E. NORRIS TOLSON GOVERNOR SECRETARY June 10, 1998 MEMORANDUM TO: File FROM: or, M. Randall Turner, Division Environmental Officer lanning & Environmental Branch-Division One SUBJECT: Summary of Environmental Field Review of the Proposed Staging Area, Casting Yard, Concrete Batch Plant and Supply Trestle (Logistics Complex) for the Construction of a new Croatan Sound Bridge and approachways, Dare County; TIP No. R-2551A; State Project No. 8.T051401; Federal Aid Project No. NHF-64(6) A field meeting was convened near the site of the proposed end bent for the new Croatan Sound Bridge to be located east of SR 1105 in Manns Harbor. This meeting was held immediately following the field review of the R-25518 project. The purpose of the meeting was to familiarize the environmental community with Departmental proposals that, if approved, would result in modification of existing section 401, Section 404 and CAMA permits. Those attending included: Mr. Mike Bell, U.S. Army Corps of Engineers Mr. Frank Jennings, N.C. Division of Coastal Management Ms. Cyndi Bell, N.C. Division of Water Quality Mr. Dennis Stewart, U.S. Fish and Wildlife Service (ARNWR) Mr. William Westcott, N.C. Wildlife Resources Commission Ms. Sara Winslow, N.C. Division of Marine Fisheries Mr. Art McMillan, P.E., NCDOT Roadway Design Unit Mr. Andrew Nottingham, P.E., NCDOT Hydraulics Unit Ms. Jenny Summerlin, NCDOT Hydraulics Unit Mr. Dean Argenbright, NCDOT Geotechnical Unit Mr. Frank Vernon, NCDOT Roadside Environmental Unit Mr. Bob Capehart, P.E., NCDOT Division One Mr. Randy Midgett, P.E., NCDOT Division One Mr. Dennis Meder, Division One Mr. Jeff Smith, P.E., Division One Mr. Sterling Baker, NCDOT Division One Mr. Randy Turner, NCDOT Division One Mr. John Armeni, Balfour Beatty Construction, Inc P.O. Box 850, Edenton, NC 27932 (252) 482-7977 Fax: (252) 482-3826 Page 2 June 10, 1998 John Armeni , Project Engineer for the contractor, described the proposed logistics complex. Each of the service areas were depicted on a large graphic which had been prepared for the contractor by Quible & Associates. Armeni reported that the contractor had searched extensively for a practicable site that would accommodate the logistical requirements of such a large scale project, and that would not involve additional impacts to jurisdictional areas. However, there was no site which met these conditions. The site being proposed will result in minimal, temporary impacts to wetlands lying outside, but adjacent to, the permitted footprint of the project. The site also has a substantial amount of uplands which will be used extensively. Armeni described a commitment the contractor was willing to make to mitigate the temporary impacts to wetlands that will result if the proposal is approved by the Regulatory Division. The contractor will eliminate the haul roads in wetlands on Roanoke Island and on the mainland. Instead, the contractor will extend the temporary work bridge through these areas. The net effect from the proposal is the reduction of temporary wetland impacts from 1.94 acres to 1.25 acres. No additional permanent impacts are anticipated. The Department's Environmental Officer reported to the group that the Department recommends approval of the proposal. The contractor has demonstrated that credible efforts have been expended to find suitable areas that do not involve wetlands. The Department has consistently admonished the contractor that the Department would not support a proposal that would impact additional wetlands unless it could be demonstrated that there were no practicable alternatives. The contractor has demonstrated this to the Department's satisfaction. Furthermore, the contractor has worked with the Department to develop an environmentally positive approach to the logistics complex that includes a commitment to eliminate all temporary fills in wetland areas (haul roads), and to extend the work trestle through these areas; to avoid using the sunken barge approach by lengthening the permitted work trestle into deep water; and to conduct underwater surveys for SAVs in the vicinity of the newly-proposed supply trestle. Mike Bell reiterated the Corps' position with respect to off-project impacts to wetlands that result from "but for" activities. He stated that the proposal would be reviewed as part of an overall permit modification application and that a public notice would be issued. He also admonished the Department and contractor that the turn around time for a modification would be at least 6 weeks (estimated) and there was no up front guarantee that the request would be approved. Page 3 June 10, 1998 The Department advised the contractor that a permit modification application would be submitted following receipt of the SAV report. Please contact me if I have failed to consider an important issue that may have been the subject of discussions in the field, or if I have erred in any of the details reported above. Thanks to all for your valuable time and professional input. Cc: Mr. Don R. Morton, P.E., NCDOT Mr. Bill Gilmore, P.E., NCDOT Mr. R. Len Hill, P.E., NCDOT Mr. D. R. Conner, P.E., NCDOT Field Meeting Participants (Listed on Page 1) Not Attending: Mr. Ron Sechler, NMFS Mr. David Cox, NCWRC Mr. Bill Moore, NCDWQ Ms. Deborah Sawyer, NCDWQ Mr. J. C. Manning, P.E., NCDOT Mr. David Schiller, NCDOT ,i STATE OF NORTH CAROLINA DEPAPUMENT OF TRANSPORTATION JAMES B. HUNT JR. P.O. BOX 25201, RALEIGH, N.C. 27611-5201 E. NORRIS TOLSON GOVERNOR SECRETARY February 16. 1999 U.S. Army Corps of Engineers Washington Regulatory Field Office Post Office Box 1000 Washington. NC 27889-1000 ATTN: Mr. Dave Lekson Dear Sir: SUI3.II:C`i : NATIONWIDI Pf. 5 PPLICATION TO INS'IALL A TEMPORARY WEIR 1 ALLATION ON THE CROATAN WETLAND MITIGATION BANK IN CRAVEN COUNV" . Attached is the application packet for the subject project. NCDOT proposes to have a temporary weir installed in a roadside ditch channel located approximately 3.5 miles southeast of the tract entrance of Catfish Lake Road (SR 1100). '['he weir N\ ]k allow for base flow data to be collected in order to better evaluate surface hydrologic and hydraulic conditions. 'File jurisdictional impacts will total 4.0 cubic yards of fill in surface waters. The temporary weir and materials will he removed fol?owing data collection. It is requested that these activities will be permitted under a Section 404 Nationwide Permit 5. If you have any questions or need any additional information. please contact Mr. Tanner Holland at (919) 733-1200. Sincerely. William D. Gilmore. PE. Manager Planning(, & Environmental Branch W DG/tell cc: Mr. David Franklin. COE, Wilmington Mr. John Dornev. Division of Water Quality Mr. David Cox. NC'WRC' Mr. Tanner Holland. NCDOT 0 DEM ID: CORPS ACTION ID: NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #): 5 PRE-CONSTRUCTION NOTIFICATION APPLICATION FOR NATIONWIDE PERMITS THAT REQUIRE: I ) NOTIFICATION TO THE CORPS OF ENGINEERS 2) APPLICATION FOR SECTION 401 CERTIFICATION 3) COORDINATION WITH THE NC DIVISION OF COASTAL, MANAGEMENT SEND THE ORIGINAL., AND (1) COPY OF TI [IS COMPLETED FORM TO THE APPROPRIATE FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVI (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMFNI (SEE AGENCY ADDRESSES SHEET). PLEASE PRINT. 1, OWNERS NAME: North Carolina Department of "Transportation, Project Development and Environmental Analysis 2. MAILING ADDRESS: Post Office Box 25201 CITY: Raleilt STATE: N( ZIP CODE: 2761' PROJECTLOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING ADDRESS ABOVE): NCDOT's proposed Croatan Wetland Mitigation Bank (tornter Oates I ract), located off SR 1 100 (Catfish Lake Road) in Craven County. North Carolina. 3. TELEPHONE NUMBER (HOMI.): (WORK): IF APPLICABLE: AGENT'S NAML OR RESPONSI1311?: CORPORATE OFFICIAL, ADDRESS, PFIONE NUMBER: William D. Gilmore, P.E. Manager P.O. Box 2~201 Ralei(,h, NC 2761 1 919-733-3141 5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR AERIAL PHOTOGRAPHY WITH SCALE): COUNTY: Craven NEAREST TOWN OR CITY: Havelock SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): See attached location fiuure. Temporarv weir installation is nronosed for a roadside ditch channel located approximately 3.5 miles southeast of the tract entrance at Catfish Lake Road (SR 1100). Weir will be installed downstream from existing Stream Gauge 4 6. IMPACTED OR NEAREST STREAM/RIVER: Roadside ditch draining into East Prong Brice RIVER BASIN: Neuse 7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS ,TROUT, TIDAL SALTWATER (SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER SUPPLY (WS-I OR WS-II)? YES [ ] NO [ X ] IF YES, EXPLAIN: 7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES [ ] NO [ X ] 7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF COASTAL COUNTIES). WHAT IS THE LAND USE PLAN (LUP) DESIGNATION? Yes. forested land (National I-orest) 8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON TI P PROPERTY`' YES I I NO [ X ] IF YES. PROVIDE ACTION I.U. NUMBER () PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION): 8b. ARE, ANY ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN FUTURE.? YES I X I NO I ] IF YES. DESCRIBE ANTICIPATED WORE: "Phis site is being planned as a wetland mitigation bank. Ditches that are presently considered jurisdictional under Section 404 eventually may be tilled in order to restore jurisdictional hvdrolo.;y to drained hvdric soils. 9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRAC I' OF LAND: 4200 acres 9b. ESTIMATED TO'I'AL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: 10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: FILLING: N/A EXCAVATION: N/A FLOODING: N/A OTHER: DRAINAGE: N/A TOTAL ACRES TO BE IMPACTED: N/A 10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED, PROVIDE DLSTANCE BOTH BEFORE AND AFTER RELOCATION): LENGTH BEFORE: N/A FT AFTER: same FT WIDTH BEFORE (based on normal high water contours): 10-15 FT WIDTH AFTER: Same FT AVERAGE DEPTH BEFORE: <I FT AFTER: same FT (2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY) OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL: CHANNEL EXCAVATION: CONSTRUCTION OF A DAM/FLOODIN(;: OTHER: Installation of temporary v-notcu weir to measure base flow. 11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED DRAINING TOP THE POND" N/A WHAT IS THE EXPECTED POND SURFACE AREA? N/A. 12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL EQUIPMENT TO BE USED (ATTACI I PLANS: 8 1/2" X 11" DRAWINGS ONLY): See attached profile. section. and plan views. The proposed work consists of installation of a temporarv v-notch weir. V-notch weir will consist of plvboard with 2x4 lumber reinforced backing. The plyboard weir will be set into banks and channel bed (as necessary), and anchored by a series of 94-lb bags ol'cement. The footprint of the base laver of cement bags is proiected to extend awav from the plyboard for a distance equivalent to the width of 4 .bags downstream and 2 bags upstream. 1 he weir and cement bags will be underlain by non-woven geo-textile. The estimated volume of weir materials is 4.0 cubic vards. 13. PURPOSE OF PROPOSED WORK: To obtain base flow data. These data are being collected as part of ongoing mitigation site baseline investigations and planning. 14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS): Base flow data is needed to better evaluate surface hvdroloeic and hvdraulic conditions. Impact will consist of temporary placement of weir: footprint of the impact has been minimized to that necessary for data collection. The temporary weir and materials will be removed following data collection. 15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE (USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED: (ATTACH RESPONSES FROM THESE AGENCIES.) NOTE: CORPS NOW INDICATES THIS ACTION NOT REQUIRED. 16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER (SHPO) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED: NOTE: CORPS NOW INDICATES THIS ACTION NOT REQUIRED. 17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF PUBLIC (STA'T'E) LAND'? YES [ X ] NO [ I (IF NO, GO -1-0 18) a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTI I CAROLINA ENVIRONMENTAL, POLICY ACT? YES [ ] NO [ X ] b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTI I CAROLINA DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE? YES [ ] NO [ ] IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDIN(; COMPLIANCE WITH THE, NORTH CAROLINA ENVIRONMENTAL POLICY ACT. QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH, NORTH CAROLINA 27603-8003, TELEPHONE (919) 733-6369. 18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL INTO WETLANDS: a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STEAMS, LAKES AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26, 29, AND 38). ALL STREAMS (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OR 1 INCH EQUALS 100 FT OR THEIR EQUIVALENT. b. IF AVAILABLE, REPRESENTATIVE PI-101OGRAPFI OF WETLANDS TO BE IMPACTED BY PROJECT. c. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE. d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED. e. WHAT IS THE LAND USE OF SURROUNDING PROPERTY? Woodland: site is proposed for use as a wetland mitigation bank. f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? N/A SIGNED AND DA'Z'ED AGENT AUTHORIZATION LETTER, IF APPLICABLE. NOTE: WETLANDS OR WATERS OF THE U.S. MAY NOT BE IMPACTED PRIOR TO: 1) ISSUANCE, OF A SECTION 404 CORPS OF ENGINEERS PERMIT, 2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION O? ENVIRONMENTAL MANAGEMENT (WATER QUALITY) CERTIFICATION, ANIJ. 3) (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT PROGRAM. chi OWNER'S/AGENT' SIGNATURL .? / 7 s ; DATE (AGENT'S SIGNATURE VALID ONLY IF AUTHORIZATION LETTER FROM THE OWNER IS PROVIDED (I 8g.))