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HomeMy WebLinkAbout20070047 Ver 1_Application_20070109N d ~w"n ~r µ~~4 MLn .®~~. STATE OF NORTH CAROLINA DEPARTMENT OF 'TRANSPORTATION MICHAEL F. EASLEY GOVERNOR January 8, 2007 . ~~,`~~ M ~~ ~ v V O' ///\//(\~\/V~ D~ 0J FRB ~- LYNDO TIPPETT SECRETARY N. C. Dept. of Environment and Natural Resources Division of Water Quality 2321 Capital Blvd O ~ ®~ Raleigh, NC 27604 y 7 Attention: Mr. Brian Wrenn Regulatory Specialist Subject: Application for a Individual 401 Water Quality Certification Permit for the Second Bridge to Oak Island, Brunswick County, WBS Number 34407.1.1, State Project No. 8.1570601, Federal Aid No. STP-1105 (6), TIP R-2245, Division 3 Reference: DWQ Water Quality Certification Application Requirement Letter Dated May 16, 2006 Dear Mr. Wrenn: The North Carolina Department of Transportation (NCDOT) proposes to construct a roadway on new location in Brunswick County, known as the second bridge to Oak Island. The proposed project starts at SR 1104 (Beach Drive) on Oak Island and will continue to NC 211, west of Southport. The proposed project consists of constructing afour-lane median divided facility on 150 feet (46 meters) ofright-of--way with controlled access. The project includes replacement of the existing bridge over Davis Canal on Middleton Avenue and construction of a new bridge over the Atlantic Intracoastal Water Way (AIWW). Project length is approximately 4.5 miles. The purpose of this letter is to submit this final design for approval and to request approval for an Individual Water Quality Certification Permit and to provide the information requested by DWQ in the letter dated May 16, 2006. Included in this application package are the following: (1) a copy of the MOU between NCDOT, FHWA, USEPA, and NCDENR, (2) a copy of signed Agreements between NCDOT and adjacent landowners regarding acquisition of conservation easements (3) Merger O1 4B and 4C meeting minutes, (4) North Carolina Ecosystem Enhancement Program (EEP) acceptance letter, (5) permit drawings, (6) a set of half size roadway plans, (7) a copy of the USCG permit application, (8) a copy of the USFWS concurrence letter, and (9) a copy of the NMFS concurrence letter. TELEPHONE: 919-715-1334 LOCATION: NC DEPARTMENT OF TRANSPORTATION FAX: 919-715-5501 2728 CAPITOL BOULEVARD PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS PARKER LINCOLN BUILDING, SUITE 24O 1598 MAIL SERVICE CENTER WEBSITE: WWW.NCDOT.ORG RALEIGH NC 27699 RALEIGH NC 27699-1598 PROJECT SCHEDULE For construction purposes, the second bridge to Oak Island will be constructed in one section. The project has a proposed let date of May 15, 2007. Purpose and Need: The main purposes of the proposed second bridge to Oak Island are to provide traffic relief to the existing bridge to Oak Island on NC 133, decrease accident potential, and provide an additional emergency evacuation route for Oak Island. Summary of Impacts: The proposed project is in the Lumber River Basin, Hydrologic Unit 03040207. Impacts on jurisdictional areas of the proposed project consist of a total of 21.448 acres of permanent wetland impacts. There will also be 222 linear feet of permanent jurisdictional stream impacts and 132 feet of temporary stream impacts. Table 1: Summary of Jurisdictional Impacts (Federal Clean Water Act) Permanent Wetlands Impacts * Temporary Wetlands Impacts Permanent SW Impacts Temporary SW Impacts 21.448 ac 0.046 ac 222 ft (0.015 ac) 132 ft (0.053 ac) *lncludes till, excavation, mechanized clearing, and wetland drawdown from moving existing ditches Summary of Miti ag tion: The project has been designed to avoid and minimize impacts to jurisdictional areas throughout the NEPA and design processes. However, project impacts will still necessitate compensatory mitigation for the unavoidable impacts. Detailed descriptions of these actions are presented in the mitigation portion of this application. 'The Ecosystem Enhancement Program (EEP) will provide compensatory mitigation for 21. .acres of wetland impacts and 15 feet of stream impacts. Mitigation is not proposed f r 207 et of intermittent stream impacts due to lack of t t. p a,,"..4 a a r , aquatic habitat. ~ ^ ~ ' ~ NEPA DOCUMENT STATUS The Final Environmental Impact Statement (FEIS) was approved by the Federal Highway Administration (FHWA) on April 30, 2004 for R-2245. The Record of Decision (ROD) was approved on November 10, 2004. After the documents were approved, they were circulated to the resource agencies. Net wetland impacts have increased since the FEIS was completed by 5.337 acres. Wetland impacts have changed due to the following reasons: updating of the wetland delineation, raising the road grade, adjustment of the mechanized clearing to the right-of--way and accounting for the potential draw-down of a wetland at one site due to the movement of an existing ditch. The road grade has been raised in order to provide sufficient cover on the cross pipes and equalizer pipes. A site by site breakdown of the change in impacts and rationale for the changes are included in Table 2 below. -2- Table 2- Difference in Wetland Im pacts Between FEIS and Final Design Site FEIS Impact Total (ac) Final Design Impacts (ac) Impact Change (ac) Reason For Impact Change 2 0 0.026 0.026 Increase resulted from Raising Bridge and Road Grade 6 1.281 1.522 0.241 Increase resulted from grade change 8 0 0.066 0.066 Increase resulted from Redelineation/Reverification 9 0 0.106 0.106 Increase resulted from Redelineation/Reverification 10 0 0.137 0.137 Increase resulted from Redelineation/Reverification 11 1.341 1.407 0.066 Increase resulted from grade change 12 1.127 1.172 0.045 Increase resulted from grade change 13 0.055 0.07 0.015 Increase resulted from grade change 14 0.7 0.75 0.050 Increase resulted from grade change 15 0.006 0.01 0.004 Increase resulted from grade change 16 0.249 0.276 0.027 Increase resulted from grade change 17 0.348 0.365 0.017 Increase resulted from grade change 18 0.14 0.147 0.007 Increase resulted from grade change 19 1.099 1.161 0.062 Increase resulted from grade change 20 0.159 0.168 0.009 Increase resulted from grade change 21 2.426 2.773 0.347 Increase resulted from grade change 22 0 1.557 1.557 Increase resulted from Redelineation/Reverification 23 0 0.182 0.182 Increase resulted from Redelineation/Reverification 24 2.94 3.345 0.405 Increase resulted from grade change 25 2.48 2.908 0.428 Increase resulted from grade change 27 0.026 0.025 -0.001 Decrease result of Mechanized Clearing to R/W 29 0.1271 0.805 0.678 Increase as a result of Grade Change And Redelination/Reverification 30 0.761 0.984 0.223 Increase resulted from grade change 31 0 0.088 0.088 Increase resulted from Redelineation/Reverification 32 0.72 0.68 -0.040 Decrease resulted from grade change 32 0 0.671 0.671 Increase as a result of ditch draw down in wetlands 33 0.126 0.047 -0.079 Decrease resulted from grade change Total 16.1111 21.448 5.337 Stream impacts have also increased since the completion of the FEIS from 0 feet to 222 feet at two sites. Permanent stream impacts at Site 11 have increased by 207 feet. The stream at Site 11 was added to the impact sites as a result of the jurisdictional re-verification conducted in 2004. Permanent stream impacts at Site 34 have increased by 15 feet. Impacts have increased at this site because NC 211 will be widened at the intersection with the proposed road project to accommodate turn lanes. The existing culvert will be replaced with a 10-foot by 8-foot RCBC. INDEPENDENT UTILITY The subject project is in compliance with 23 CFR Part 771.111(f) which lists the Federal Highway Administration (FHWA) characteristics of independent utility of a project: (1) The project connects logical termini and is of sufficient length to address environmental matters on a broad scope; -3- (2) The project is usable and a reasonable expenditure, even if no additional transportation improvements are made in the area; (3) The project does not restrict consideration of alternatives for other reasonably foreseeable transportation improvements. RESOURCE STATUS Delineations: Wetland and stream delineations for R-2245 were conducted in 2000 by Stantec Consulting using the field delineation method outlined in the 1987 Corps of Engineers Wetland Delineation Manual (Environmental Laboratory, 1987) and verified by Mr. Scott McLendon of the USACE Wilmington Regulatory Field Office. Delineation updates were conducted by_.S~nlec.~Consulting and the verification was updated by Dave Timpy of the USACE orr'October 26, 200 During the update of the wetland delineation, 2.8 acres of wetlands were a~ed-ta~Iie project impacts. These sites (Sites 8, 9, 10, 22, 23, 29, 31) are listed above within Table 2. ',; Wetlands: -~'!.(~ ~ ~ -. 4 Wetland impacts occur at 27 sites within the Lumber River Basin and within Hydrologic Unit Code (HUC) 030340207. Table 3 is a list of permanent impacts to jurisdictional wetland resources (which include impacts resulting from fill, excavation, mechanized clearing, and drainage effect), wetland type, and the Cowardin description. Erosion control devices located within wetland will be placed with the mechanized clearing areas. Mechanized clearing is considered a permanent impact due to the grubbing activities. Hand clearing is not considered a permanent impact because no grubbing will occur. Riprap at the ends of pipes has been calculated as permanent fill. Table 3- R-2245 Wetland Im acts and Descri tions Site Impact Type Permanent Impacts (Acres) Temporary Impacts Cowardin et al. Description 1 Tidal CAMA 0* 0 EIEM1 2 Riverine 0.026 0.027 EIEM 1 4 Tidal CAMA 0* 0.019 EIEM1 6 Non-Riverine 1.522 0 PFO1 7 Non-Riverine 0* 0 PF04 8 Non-Riverine 0.066 0 PF04 9 Non-Riverine 0.106 0 PF04 10 Non-Riverine 0.137 0 PF04 11 Non-Riverine 1.407 0 PF04 12 Non-Riverine 1.172 0 PF04 13 Non-Riverine 0.070 0 PF04 14 Non-Riverine 0.750 0 PF04 15 Non-Riverine 0.010 0 PF04 16 Non-Riverine 0.276 0 PF04 17 Non-Riverine 0.365 0 PF04 18 Non-Riverine 0.147 0 PF04 19 Non-Riverine 1.161 0 PF04 20 Non-Riverine 0.168 0 PF04 21 Non-Riverine 2.773 0 PF04 -4- Site Impact Type Impacts (Acres) Temporary Im acts Cowardin et al. Descri tion 22 Non-Riverine 1.557 0 PF04 23 Non-Riverine 0.182 0 PF04 24 Non-Riverine 3.345 0 PF04 25 Non-Riverine 2.908 0 PF04 26 Non-Riverine 0* 0 PF04 27 Non-Riverine 0.025 0 PF04 28 Non-Riverine 0* 0 PF04 29 Non-Riverine 0.805 0 PF04 30 Non-Riverine 0.984 0 PF04 31 Non-Riverine 0.088 0 PF04 32 Non-Riverine 1.351 0 PFO1 33 Non-Riverine 0.047 0 PFO1 35 Non-Riverine 0* 0 PF04 36 Non-Riverine 0* 0 PF04 Total 21.448 0.046 *Impacts have been avoided Streams: Stream impacts occur at 4 sites. Impacts to streams occur within HUC 030340207 of the Lumber River Basin. Table 4 is a list of surface water impacts including stream name, type of structure, amount of impacts, mitigation required, DWQ classification, and DWQ stream index number. Neither the AIWW nor Davis Canal are designated as a North Carolina Natural or Scenic River, or as a national Wild and Scenic River, nor is it listed as a 303(d) stream. No designated Outstanding Resource Waters (ORW), Water Supply I (WS-I), or Water Supply II (WS-II) waters occur within 3.0 miles of the project study area. Table 4 - R-2245 Surface Water Im acts Site Stream Name and Intermittent (I) or Perennial (P) Structure/ Size Type Permanent Impacts Mitigation Required Temporary Impacts DWQ Index number DWQ Class 3 & 4 Davis Canal (P) Bride 0.001 ac No 0.035 ac 15-25 SA HQW 5 AIWW Bride 0.068 ac No 0.012 ac 15-25 SA HQW 11 UT to AIWW (I) 2 60"RCP 207 ft 52 ft 15-25 SA HQW 34 UT to River Swamp (P) Install new 10'x8' RCBC 15 ft 30 ft 80 ft 15-25-1-6 C Sw Total 0.069ac/222 30 f 0.047ac/132 ft WETLAND and STREAM IMPACT DESCRIPTIONS A site by site description of wetland and stream impacts is included below. Sites 1 and 2 (Station 15+40 to 19+80) have 0.026 acre of fill in Section 404 jurisdictional wetlands and 0.027 acre of temporary impacts. Fill in the wetlands occurs as a result of replacing the existing bridge with a wider bridge deck and raising the final roadway grade to accommodate drainage for stormwater treatment. -5- Sites 3 and 4 (Station 20+70 to 22+35) have 0.019 acre of fill in CAMA jurisdictional coastal marsh wetlands and 0.001 acre of permanent fill and 0.035 acre of temporary fill in Davis Canal, a Public Trust Water. Impacts occur as a result of replacing the current 160' long, 38' wide bridge with a 165' long, 45.5' wide bridge. Traffic will use an offsite detour during construction. The new bridge will have 14.2 feet of navigational clearance at mean high water. The new bridge will be a 3-span cored slab bridge supported on driven piles. The driven piles will result in 0.001 acre of permanent fill. The new bridge will be constructed using top down construction. Permanent impacts to Davis Canal will occur from the placement of two bridge bents below mean high water and the placement of Class II riprap on the fill slopes under the bridge. Placement of Class II riprap on the fill slopes under the bridge will not result in permanent fill i~ the wetlands. Placement of the Class II riprap will act as shoreline stabilization. Riprap will r se u t i-I n X029 acre of temporary fill in Davis Canal at Site 3 and 0.006 acre at Site 4. ra will also result in 0.019 acre of tE;r~ fill in wetlands. The existing bridge will be removed without dropping components into the water. Site 5 (Station 56+40 to 60+70) has 0.068 acre of permanent fill and 0.012 acre of temporary fill within the AIWW. The construction of the bridge over the AIWW will result in the placement of sixteen 6-foot diameter piers constructed using drilled shafts below mean high water level (0.056 acre permanent fill). The placement of piers below mean high water level is required to support two bridge bents. The piers will be located outside of the main channel. The 980-foot long bridge over the AIWW will be apre-stressed concrete high-rise bridge constructed in 5-spans. The piers used for the bridge bents will be constructed from drilled shafts. Approximately 0.012 acre of temporary fill occurs as a result of the construction of two temporary work bridges and temporary bents that will be used to construct the drilled shaft piers. The work bridges are located outside of the main channel and their location is shown on pages 18, 35 and 55 of the enclosed permit drawings. An existing timber bulkhead on the southern bank of the AIWW will be relocated due to interference of the complex pile group with the bulkhead. Portions of the bulkhead will be shifted, towarsi,~. the AIWW _a maximum of 9 feet or_away from the AIWW_a 7 maximum of 9 feet and_will _result in approximately 0.01 acre of permanent fill in the AIWW. __ _ ._ ._ . ._...__ .. . Drawings of the proposed bulkhead are included on sheets 18 and 55 of the enclosed permit drawings and design plans. Site 6 (Station 75+40 to 83+00) has 1.348 acres of fill and 0.174 acre of mechanized clearing within a coastal plain bottomland hardwood wetland forest. Impacts occur due to the placement of fill for the roadway and riprap at the pipe outlet. Two 42" reinforced-concrete-pipes buried 1- foot will be placed in the wetlands to maintain hydraulic connectivity on both sides of the roadway. Hand clearing will occur in 0.082 acre of wetlands to allow for construction equipment clearance. Site 7 (Station ACC2 13+65 to 14+OS) Impacts at this site have been avoided. Sites 8, 9 and 10 (Stations 82+10 to 89+75) impacts total 0.253 acre of fill and 0.056 acre of mechanized clearing within a pocosin wetland forest. Impacts occur due to the placement of fill for the roadway. Hand clearing will occur in 0.049 acre of wetlands to allow for construction equipment clearance. -6- Site 11 (Station 92+65 to 97+50) has 1.203 acres of fill and 0.204 acre of mechanized clearing within a pocosin wetland forest. Impacts to the intermittent UT to the AIWW include 207 feet of permanent stream impacts and 52 feet of temporary stream impacts. A determination that no mitigation would be required for impacts to this UT was made during the re-verification conducted in October 2004. Impacts occur due to the placement of fill for the roadway and placement of riprap at the pipe outlet. Two 60" reinforced-concrete cross pipes buried one foot will be placed in the UT to the AIWW and one 48" equalizer pipe buried 1-foot will be placed in the wetlands to maintain hydraulic connectivity on both sides of the roadway. Hand clearing will occur in 0.151 acre of wetlands to allow for construction equipment clearance. Site 12 (Station 108+ZO to 112+65) impacts total 1.013 acres of fill and 0.159 acre of mechanized clearing within a pocosin wetland forest. Impacts occur due to the placement of fill for the roadway. One 42" and one 48" pipe buried 1-foot will be placed in the wetlands to maintain hydraulic connectivity on both sides of the roadway. Hand clearing will occur in 0.055 acre of wetlands to allow for construction equipment clearance. Site 13 (Station 120+85 to 123+OS) impacts total 0.029 acre of fill and 0.041 acre of mechanized clearing within a pocosin wetland forest. Impacts occur due to the placement of fill for the roadway. Hand clearing will occur in 0.015 acre of wetlands to allow construction equipment clearance. Sites 14 and 15 (Station 122+85 to 127+85) impacts total 0.672 acre of fill and 0.088 acre of mechanized clearing within a pocosin wetland forest. Impacts occur due to the placement of fill for the roadway. Hand clearing will occur in 0.037 acre of wetlands to allow for construction equipment clearance. Site 16 (Station 136+35 to 138+30) impacts total 0.231 acre of fill and 0.045 acre of mechanized clearing within a pocosin wetland forest. Impacts occur due to the placement of fill for the roadway. Site 17 (Station 144+25 to 146+10) impacts total 0.325 acre of fill and 0.040 acre of mechanized clearing within a pocosin wetland forest. Impacts occur due to the placement of fill for the roadway. One 48" reinforced-concrete-pipe buried 1-foot will be placed in the wetlands to maintain hydraulic connectivity on both sides of the roadway. Hand clearing will occur in 0.030 acre of wetlands to allow for construction equipment clearance. Site 18 (Station 153+40 to 155+25) impacts total 0.105 acre of fill and 0.042 acre of mechanized clearing within a pocosin wetland forest. Impacts occur due to the placement of fill for the roadway. Five 60" corrugated aluminum pipes will be backfilled with 1- foot of soil and buried 1-foot under the roadway for small animal passage. Hand clearing will occur in 0.035 acre of wetlands to allow for construction equipment clearance. Site 19 (Station 159+25 to 163+65) impacts total 1.070 acres of fill and 0.091 acre of mechanized clearing within a pocosin wetland forest. Impacts occur due to the placement of fill for the roadway. Two 48" pipes will be backfilled with 1-foot of soil and buried 1-foot under the roadway for small animal passage. -7- Site 20 (Station 164+55 to 165+70) impacts total 0.142 acre of fill and 0.026 acre of mechanized clearing within a pocosin wetland forest. Impacts occur due to the placement of fill for the roadway. One 48" pipe will be backfilled with 1-foot of soil and buried 1-foot under the roadway for small animal passage. Site 21 and 22 (Station 173+70 to 182 +40) impacts total 3.701 acres of fill and 0.629 acre of mechanized clearing within a pocosin wetland forest. Impacts occur due to the placement of fill for the roadway. Four 48" and one 42" pipes will be backfilled with 1-foot of soil and buried 1- foot under the roadway for small animal passage. Hand clearing will occur in 0.404 acre of wetlands to allow for construction equipment clearance. Site 23 and 24 (Station 197+OS to 209+30) impacts total 3.05 acres of fill and 0.477 acre of mechanized clearing within a pocosin wetland forest. Impacts occur due to the placement of fill for the roadway. Four 48" pipes buried 1-foot will be placed in the wetlands to maintain hydraulic connectivity on both sides of the roadway. One 48" corrugated aluminum pipe will be backfilled with 1-foot of soil and buried 1-foot under the roadway for small animal passage. Hand clearing will occur in 0.097 acre of wetlands to allow for construction equipment clearance. Site 25 and 27 (Station 208+60 to 223+65) impacts total 2.501 acres of fill and 0.432 acre of mechanized clearing within a pocosin wetland forest. Impacts occur due to the placement of fill for the roadway. Three 48" reinforced-concrete-pipe buried 1-foot will be placed in the wetlands to maintain hydraulic connectivity on both sides of the roadway. One 48" will be backfilled with 1-foot of soil and buried 1-foot under the roadway for small animal passage. Hand clearing will occur in 0.174 acre of wetlands to allow for construction equipment clearance. Site 26 and 28 (Station 218+65 to 225+65) have 0.015 acre of hand clearing impacts within a pocosin wetland forest for the construction of 48" control-of-access fence. Site 29 and 30 (Station 229+50 to 242+45) impacts total 1.369 acres of fill and 0.420 acre of mechanized clearing within a pocosin wetland forest. Impacts occur due to the placement of fill for the roadway. Two 48" reinforced-concrete-pipes buried 1-foot will be placed in the wetlands to maintain hydraulic connectivity on both sides of the roadway. Hand clearing will occur in 0.11 acre of wetlands to allow for construction equipment clearance. Site 31 (Station 236+55 to 237+60) impacts total 0.073 acre of fill and 0.015 acre of mechanized clearing within a pocosin wetland forest. Impacts occur due to the placement of fill for the roadway. Site 32 and 33 (Station 245+50 to 248+30) impacts total 0.561 acre of fill and 0.166 acre of excavation within a bottomland hardwood wetland forest. The existing roadside ditch parallel to NC 211 will be moved to the south resulting in an estimated 0.671 acre of drawdown of wetland hydrology. Impacts occur due to the placement of fill for the new roadway and widening existing NC 211 to accommodate turn lanes. Hand clearing will occur in 0.050 acre to allow for construction equipment clearance. -8- Site 34 (Station -Y7- 24+00) impacts total 15 feet of permanent channel impacts and 80 feet of temporary impacts to a perennial UT to River Swamp. Impacts will occur due to the replacement of the existing 6-foot by 4-foot with a 10' x 8' RCBC under NC 210 to accommodate widening for additional lanes on NC 210. The culvert will be installed using phased construction. Site 35 and 36 (-ACC2- Station 15+45 to 21+95) Impacts at these sites have been eliminated FEDERALLY PROTECTED SPECIES Plants and animals with Federal classification of Endangered (E) or Threatened (T) are protected under provisions of Section 7 and Section 9 of the Endangered Species Act of 1973, as amended. As of April 27, 2006 the U.S. Fish and Wildlife Service (FWS) lists 15 federally protected species for Brunswick County (Table 5). No changes in the county species list has occurred since the original surveys were conducted. Biological Conclusions of No Effect have been rendered for the eastern cougar, piping plover, and the seabeach amaranth. The American alligator is listed due to similarity of appearance and thus not subject to Section 7 consultation. The FWS has concurred with the biological conclusion of "May Effect, Not Likely to Adversely Affect" for the West Indian manatee, wood stork, bald eagle, red-cockaded woodpecker, loggerhead sea turtle, green sea turtle, leatherback sea turtle, Kemp's ridley sea turtle, Cooley's meadowrue, and rough leaved loostrife. NCDOT received concurrence from FWS in the attached letter dated November 19, 2003. National Marine Fisheries Service concurred with the biological conclusion of "May Affect, Not Likely to Adversely Affect" for the shortnose sturgeon and the loggerhead sea turtle, green sea turtle, leatherback sea turtle, and the Kemp's ridley sea turtle in the attached letter dated March 24, 2004. NCDOT has agreed to follow the "Precautionary Guidelines for General Construction in Areas that may be used by the West Indian manatee in North Carolina," in order to obtain concurrence from the FWS. These biological conclusions remain valid. Table 5. Federally Protected Species for Brunswick County Scientific Name Common Name Habitat Present Status Biological Conclusion Puma concolor cou ar Eastern cougar No E No Effect Trichechus manatus West Indian manatee Yes E MA-NLAA Mycteria americana Wood stork Yes E MA-NLAA Charadrius melodus Pi in lover No T No Effect Haliaeetus leucoce halus Bald Ea le Yes T MA-NLAA Picoides borealis Red-cockaded wood ecker Yes E MA-NLAA Alli ator mississi iensis American alli ator NA T(S/A) NA Caratta carretta Lo gerhead sea turtle Yes T MA-NLAA Chelonia m das Green sea turtle Yes T MA-NLAA Dermochel s coriacea Leatherback sea turtle Yes E MA-NLAA Le idochelys kem ii Kem 's ridley sea turtle Yes E MA-NLAA Aci enser brevirostrum Shortnose stur eon Yes E MA-NLAA Thalictrum Goole i Coole 's meadowrue Yes E MA-NLAA Amaranthus umilus seabeach amaranth No T No Effect Lysimachia as erulaefolia Rough leaved loosestrife Yes E MA-NLAA "r." denotes f;ndangered. "T' denotes Threatened. "f (S/A)" denotes l hreatened due to similarity "MA-NLAA" denotes May Effect, Not Likely to Adversely Affect -9- CULTURAL RESOURCES Historic Architecture: Appendix A.1 of the FEIS contains a letter from the State Historic Preservation Office (SHPO), dated February 23, 1995 indicating that there are no structures over 50 years of age within the study area; therefore the project would not impact any historic architectural properties. Archaeology: An archaeology survey was conducted for the Preferred Alternative in 2003. No archaeological sites were identified during this survey. The SHPO concurrence letter for the archaeology survey, dated December 5, 2003, is included in Appendix A.1 of the FEIS. FEMA COMPLIANCE This project crosses the 100-year floodplain at AIWW and Davis Canal. The AIWW bridge has been designed to span the 100-year floodplain at the AIWW Canal. The Davis Canal Bridge has been designed to ensure there is no increase to the extent and level of the flood hazard risk. UTILITY IMPACTS There will be no proposed impacts to Waters of the U.S. due to utility construction. ICI STUDY An Indirect and Cumulative Impact (ICI) study for this project was updated in May 2005 and supplemented in June 2006. The ICI study concluded that only small magnitudes of change in land use patterns would occur between the build and the no build scenario. The small changes in land use patterns will only result in small changes to the study parameters. The parameters evaluated in the ICI study include dissolved oxygen, phosphorus, nitrogen, sediment loads, fecal coliform, and stream erosion. Copies have been forwarded to DWQ. Copies of the ICI report will be furnished to the other resource agencies upon request. ESSENTIAL FISH HABITAT In accordance with the Magnuson-Stevens Act of 1996 (16 U.S.C 1801 et seq.) an Essential Fish Habitat Assessment was prepared as part of the FEIS and can be found on pages 1-7 to 1-10. The Assessment concludes that the project will impact EFH within Davis Canal and AIWW and that impacts can be minimized following NCDOT's Best Management Practices for Protection of Surface Waters. PROJECT COMMITMENTS The following environmental commitments were agreed to in the NEPA-404 Merger process during the 4A meeting held on November 19, 2003 and their current status is listed below. • The vertical clearance at mean high water level will be a minimum of 65 feet and the horizontal clearance will be a minimum of 90 feet. The proposed bridge will be designed and constructed so as to not interfere with the operation and maintenance of the navigation channel in the AIWW. A minimum 140 feet navigation opening, without using a fender system for vessel impact, will be provided 70 feet from the channel centerline on each side. Channel centerline coordinates will be obtained from the USACE prior to design and construction. -The proposed bridge over the AIWW will have 67.3 feet of vertical clearance and 90 feet of horizontal clearance. A 140 feet navigation opening without using a fender system -10- will provide 70 feet of clearance between the centerline of the channel and the bridge on both sides. Channel coordinates have been obtained from the USAGE and are shown on the U.S. Coast Guard (USCG) application and the enclosed permit drawings. A copy of the USCG permit application is included with this cover letter. • The project will have two access points between NC 211 and the new bridge over the AIWW. The northern access point will be located approximately 5,700 feet from the southern right- of-way of NC 211. This access point will be a right-in/right-out only intersection on the eastern side with no break in the median. The southern access point will be located as close to the northern terminus of the bridge over the AIWW as allowed by NCDOT design standards. These access points will be located to avoid additional wetland impacts within the NCDOT right-of--way. -A full movement median opening access point will be located approximately 5,600 feet to the south of NC 211 on the eastern side of the roadway at Station 192+55(ACC3). Due to conflicts with the USAGE dredge and spoil land, the Access Point at Station 73+15 (ACC1) has been eliminated from the project plans. Agate will be constructed at this location to allow the USAGE access to the dredge and spoil land. An additional third, right-in/ right- out, access point on the western side of the road has been approved by the merger team located approximately 9,500 feet south of NC Z11 and is marked at Station 151+55. The location of these access points is shown on the enclosed half-size design drawings. The access points are also discussed in the following section of the permit application. • Access control will be extended for a distance of 1,500 feet along the two access roadways. A continuous fence along the roadway will also reflect control of access. -The enclosed half-size design drawings show that control of access will be maintained at ACC3 for approximately 1,000 feet. • The State will construct a "small animal passage" pipe under the road at a point where the roadway passes between the two Carolina bays. The pipe design will be subject to approval by the NC Wildlife Resources Commission. There shall be an easement along the routes to the passageway from each Carolina bay. -Ten small animal passage pipes will be placed under the road between Stations 147+00 to 210+00 and are shown on the enclosed roadway plans. The pipes are 48" reinforced concrete pipes or 60" by 46" corrugated aluminum pipes. Revisions to the agreement to provide animal passage corridors were discussed and agreed to in the Merger Meeting held on April 11, 2006. Details on the revisions are discussed in the following section. • For areas adjacent to High Quality Waters (HQW) or Shellfish Areas (SA), Design Standards in Sensitive Watersheds and HQW erosion control measures will be implemented. -Design standards for sensitive watersheds and HQW erosion control measures will be implemented at the Davis Canal, AIWW and the UT to AIWW crossing. This is a standard NCDOT commitment. • Potential anadromous fish habitat is located within the study area. Therefore, the NCDOT guidance document, Stream Crossing Guidelines for Anadromous Fish Passage, will be adhered to for this project. -An in water construction moratorium from February 15 to June 30 will be followed during the construction of the bridge over the AIWW and Davis Canal. • Coordination with the USAGE will continue to minimize the impact to the Yellow Banks confined (diked) disposal area. -Impacts to the Yellow Banks have been minimized to the maximum extent practical. -11- • No borrow or waste areas will be located in wetland areas without a permit from the USAGE. -This is a standard commitment on NCDOT projects. • The National Ocean Service, National Geodetic Survey requires a 90-day notification for any activity that may disturb or destroy the geodetic monument located at Middleton Avenue and Oak Island Drive or the monument located near the intersection of NC 211 and SR 1500 (Midway Road). Appropriate measures will be taken to relocate the monuments if necessary. -NCDOT Location and surveys will contact the National Geodetic Survey 90 days prior to construction activities. • The NCDOT will make every effort to obtain or acquire the two Carolina bays on each side of the road plus 200 feet around each bay. A revised agreement between the NCDOT and the Merger team was made at a revised Concurrence Point 4A meeting held April 11, 2006. The revisions are discussed in the following section. • The NCDOT agrees to replace the Middleton Avenue access point to the AIWW if the current access point cannot be maintained due to design considerations. -The NCDOT is in the process of working with the City of Oak Island to enhance two other existing public access points instead of replacing the existing access point. • Strict adherence to procedures contained in Best Management Practices for Protection of Surface Waters and Stream Crossing Guidelines for Anadromous Fish Passage as well as the NC Department of Environment and Natural Resources, Division of Land Resources Land Quality Section's North Carolina Erosion and Sediment Control Planning and Design Manual will aid in avoiding and minimizing impacts to water resources and aquatic communities. -These are standard commitments on NCDOT projects. • Native vegetation will be planted along roadsides to deter the spread of exotic and invasive species in accordance with the FHWA guidance handbook, Roadside Use of Native Plants. -In riparian areas and areas adjacent to wetlands, seed mixtures including the native grasses Indian grass, little blue stem and switch grass will be used as establishment on disturbed areas. • The use of a vacuum machine to clean up and transfer of spoil material generated during the installation of bridge piles will minimize impacts to wetlands, aquatic communities and riparian buffers. -Bridge piles will be installed using drilled shafts or driven piles and therefore not require the use of a vacuum machine. Construction of piles using drilled shafts confines the spoil material within the shafts and will not result in a discharge in violation of applicable environmental permits. • Clearing and grubbing activities will be minimized to reduce impacts to riparian areas. -Mechanized clearing within riparian areas will only occur at Site 11. Mechanized clearing has been minimized at this site by 0.151 acre by using hand clearing. • Implementation of NMFS construction moratoriums and USFWS guidance will minimize direct impacts to essential fish habitat and primary nursery inhabitants. -An in-water construction moratorium for sturgeon (February 15-June 30), and primary nursery areas (February 15- September 30) will be observed in the AIWW and Davis Canal. The NCDOT also agrees to follow the "Precautionary Guidelines for General Construction in Areas that may be used by the West Indian Manatee in North Carolina." -12- REVISED CONCURRENCE POINT 4A On April 11, 2006 a revised Concurrence Point 4A Merger Meeting was held at the Highway Building. The following revisions to project commitments were agreed upon by the Merger Team. • Acquire three Carolina Bays. Carolina Bay West of R-2245 (Williamson Property) The Carolina Bay west of the proposed R-2245 roadway alignment, including park areas PR6 and PR9 with the exception of a planned Club House Amenity Center (PR7); three additional park and recreation areas PR3, PR11 & PR13; the approximately 300' wide animal corridor leading from the bay to the Carolina Bay east of the roadway alignment; and a section of the bay east of the proposed R-2245 roadway alignment. Carolina Bays East of R-2245 (St. James Property) The Carolina Bay east of the proposed R-2245 roadway alignment, with the exception of existing platted lots on upland areas around the bay rim, a 300' wide animal corridor leading north to another new Carolina Bay, to also be acquired. The delineated wetland of the Carolina Bay east and north will be restricted from development through a conservation easement. • Acquire two animal crossing easements. One approximately 300' wide connecting the two Carolina Bays, in addition to another 300' wide easement leading north from the Carolina Bay east of R-2245 to the new North Bay. The landowner of the Williamson property will provide a minimum of at least four 60" by 46" crossings under the private development roads within the preserved wildlife corridors. -After negotiating with the landowner of the St. James Property, the NCDOT will construct the pipe crossings under the development road within the wildlife corridor from the eastern bay to the northern bay. • Provide full control of access from NC 211 to the Intracoastal Waterway, except at the following street access points: -L- Station 73+15 (Full Movement), -L- Station 191+45 (Right-in/Right-out Only), and approximately -L- Station 151 +55 (Right-in/ Right-out Only). NCDOT has eliminated the western access point at -L- Station 73+15. NCDOT will redesign CY the western access point from -L- Station 79+50 to allow the landowner to connect to the access r ~~y ~ `. ~ without incurring additional stream and wetland impacts. NCDOT will provide rationale for the V western access. If this cannot be accomplished, this western access point will be eliminated. ,~ During this meeting the NCDOT informed the Merger team that the control of access on ACC 3 ~~ will be shortened. The control of access reflected on the final design plans is approximately 1,t>t~ 1,000 feet long. -The location of ACC3 has shifted since the Revised 4A meeting from 191+45 to 192+55. ACC3 has also been modified from aRight-in/Right-out only access point to a full movement access point. This change was approved by the merger team during a meeting held on November 16, 2006. Maintain Control of Access by the following: 1. The Control of Access on the NCDOT plans will be designated as "Special Control of Access" with a unique symbol, legend and note. -13- The road plans have been labeled with the special designation "No Revisions shall be made to the Control of Access without approval of NCDOT, FHWA, USEPA and NCDENR per Agreement and USACE per Permit Condition. 2. A Memorandum of Understanding (MOU) between NCDOT, USEPA, NCDENR, and FHWA will be executed. The memorandum will stipulate that any future break in the control of access would require the agreement of all the signatory parties. The NCDOT has circulated a copy of the MOU to the signatory parties. On final approval, the signatory parties will sign the MOU. 3. A special condition will be added to any USACE permit that would perpetually prohibit any future break in the control of access without modification of the permit. Per discussions between the USACE and NCDOT, this commitment is no longer essential. Following the April 11, 2006 Merger Meeting the NCDOT developed the following course of action related to ACC2, the western access point to MAS properties. The NCDOT will eliminate ACC2 from the roadway plans and the permit drawings. Due to the fact there has been previous coordination, public involvement,, and the roadway plans have shown an access point to this property, the MOU provides for a future access point to be reserved at the ACC2 location. It should be noted that the future access point will be relocated from 73+15 to approximate L-Sta. 72+65 (90'Lt.). The future location of the access point has been relocated to the upland area on MAS Properties, LLC to eliminate wetland impacts. The process for granting the reserved break in the control of access at ACC2 to MAS will be as follows: The MAS Properties, LLC property owner will obtain a written agreement from the US Army Corps of Engineers (USACE) that the access point will not create a conflict with or compromise the Yellowbanks Environmental Assessment that was issued in June 2005. After obtaining the USACE agreement, the properly owner will request a break in the control of access from the NCDOT. MAS Properties, LLC will have to donate 100 feet of right of way width along the potential access roadway for a length of approximately 500 feet from the western edge of the mainline right of way for the Second Bridge to Oak Island project. This right of way will also consist of control of access limits along both sides of the potential access roadway for a distance of approximately 500 feet. After receipt of the written agreement from the USACE, and the donation of the right of way and control of access limits, the NCDOT will grant approval of the access point. The break in the control of access will not be subject to an enhancement fee. A meeting between NCDOT and the USACE Navigation Branch was held on September 28, 2006 regarding the project crossing the land that the USAGE holds a perpetual easement on for maintenance of the AIWW. During the meeting the USAGE informed the NCDOT that construction of the bridge over the AIWW and the mainline roadway through the USAGE land is acceptable. However, the USAGE informed the NCDOT that construction of ACC 1 across USAGE land is not acceptable. A follow up meeting was held with NCDOT and the USAGE regarding additional alternatives for ACC 1 on October 31, 2006. Two additional alternatives to the design and location of ACC 1 were -14- discussed. The determination was made that these two additional alternatives were not feasible due to the increase of wetland impacts or because impacts to the USACE land were still too large. Therefore, NCDOT and the USACE determined that the elimination of ACC 1 was necessary and a gated driveway that allowed USACE access to the land would be required. MERGER TEAM MEETING HELD NOVEMBER 16, 2006 On November 16, 2006 a meeting was held regarding changes to ACC3 and ACC 1 with the merger team. The team was informed due to the conflicts mentioned above with the USACE Navigation Branch, ACC1 will be eliminated. Due to the elimination of this access point the NCDOT requested authorization to modify ACC3 from right-in right-out to a full movement median opening access point, if required to meet project commitments and minimize wetland impacts. The merger team agreed to the changes proposed by NCDOT. Negotiations were finalized with St. James with leftover only movement. However, this design resulted in higher wetland impacts so full movement was included in the final design. Revised design plans and permit drawings that reflect the above mentioned drawings have been included with this letter. Acquisition of Carolina Bays On November 20, 2006 the NCDOT obtained a signed agreement to place approximately 460 acres within the Williamson Tract into a conservation easement. When the conservation easement for the Williamson Tract is signed, the NCDOT will grant the access point at Station 151+55. On December 22, 2006 the NCDOT obtained a signed agreement to place approximately 400 acres within the St. James Tract into a conservation easement. Copies of the signed agreements are included with this letter. Copies of the easement documents that will be signed when surveys are finalized are also included with this letter. Memorandum of Understanding A copy of the final Memorandum of Understanding regarding the control of access between the NCDOT, FHWA, the EPA, and NCDENR is included with this letter. MITIGATION OPTIONS The NCDOT is committed to incorporating all reasonable and practicable design features to avoid and minimize jurisdictional impacts, and to provide full compensatory mitigation of all remaining, unavoidable jurisdictional impacts. Avoidance measures were taken during the planning and NEPA compliance stages; minimization measures were incorporated as part of the project design. Avoidance• Avoidance has been employed to the maximum extent practical. All wetland areas not affected by the project will be protected from unnecessary encroachment by the roadway project construction. General avoidance measures incorporated into the project design -15- • No Staging of construction equipment or storage of construction supplies will be allowed in wetlands or near surface waters. The contractor will determine staging areas after the project is let. • No borrow or waste areas will be located in wetland areas without a permit from the USACE. Specific avoidance measures • The roadway has been aligned to avoid and minimize impacts to the two large Carolina Bays in the project study area. Minimization• Minimization has been employed in the project area to the maximum extent practical. Reduction of fill-slopes at stream/wetland crossings and the selection of alternatives that will minimize wetland impacts will reduce unnecessary wetland takings. Project Wide Minimization Measures • Use of 3:1 side slopes in jurisdictional areas. • All culverts will be buried a minimum of 12 inches. • For areas adjacent to HQW or Shellfish Areas (SA), Design Standards in sensitive Watersheds and HQW erosion control measures will be implemented. • Strict adherence to the procedures contained in Best Management Practices for Protection of Surface Waters and Stream Crossing Guidelines for Anadromous Fish Passage, as well as NC Department of Environment and Natural Resources (NCDENR), Division of Land Resources, Land Quality Section's North Carolina Erosion and Sediment Control Planning and Design Manual will aid in avoiding and minimizing impacts to water resources and aquatic communities. • No Erosion control structures will result in additional fill placed in wetlands. • Clearing and grubbing activities will be minimized to reduce impacts to riparian buffers. • NCDOT will adhere to construction moratoriums for the shortnose sturgeon (February 1- June 30) and Primary Nursery Areas (February 15 to September 30) • NCDOT will adhere to the Guidelines for Avoiding Impact to the West Indian Manatee. • NCDOT will place conservation easements on three bays adjacent to the roadway. • NCDOT will place conservation easements on two approximately 300-foot wide wildlife corridors between the three bays. • 10 wildlife passage pipes will be placed under the proposed roadway and wildlife passage will be placed under the private. development roads within the wildlife corridors. Site Specific Minimization Measures • Station 15+40 to 19+80, The fill slopes at this site have been redesigned to using engineered 1.25:1 side slopes reducing impacts to wetlands from 0.261 acre to 0.026 acre. • Station 15+40 to 19+80, The mechanized clearing has been changed from using a 10' offset width from the toe of slope to hand clearing using a 5' offset from the toe of slope. • Station 56+40 to 60+70, A work bridge will be used for the construction of the bridge over the AIWW rather then using work causeways. • Station 75+40 to 83+00, Two 42" reinforced-concrete-pipes buried 1-foot will be placed in the wetlands to maintain hydraulic connectivity on both sides of the roadway. The usage of hand clearing has reduced mechanized clearing impacts by 0.075 acre at this site. -16- • Station 82+10 to 83+00, Hand clearing in 0.014 acre of wetlands will be used instead of mechanized clearing. • Station 88+OS to 89+75, Hand clearing in 0.035 acre of wetlands will be used instead of mechanized clearing. • Station 92+65 to 97+50, Hand clearing in 0.151 acre of wetlands will be used instead of mechanized clearing. A 48" reinforced-concrete-pipe buried 1-foot will be placed in the wetlands to maintain hydraulic connectivity on both sides of the roadway • Station 108+20 to 112+65, Hand clearing in 0.055 acre of wetlands will be used instead of mechanized clearing. One 48" and one 42" reinforced-concrete-pipes buried 1-foot will be placed in the wetlands to maintain hydraulic connectivity on both sides of the roadway. • Station 120+85 to 123+05, Hand clearing in 0.015 acre of wetlands will be used instead of mechanized clearing. A 42" reinforced-concrete-pipe buried 1-foot will be placed adjacent to the wetland and will serve as a hydraulic cross pipe. • Station 122+85 to 127+85, Hand clearing in 0.037 acre of wetlands will be used instead of mechanized clearing. • Station 144+25 to 146+10, Hand clearing in 0.030 acre of wetlands will be used instead of mechanized clearing. • Station 153+40 to 155+25, Hand clearing in 0.035 acre of wetlands will be used instead of mechanized clearing. Five 60"*46"corrugated aluminum pipes buried 1-foot will be placed adjacent to the wetland and will serve as small animal passage pipes. • Station 159+25 to 163+65, Two 48" reinforced-concrete-pipes buried 1-foot will serve as small animal passage pipes. • Station 164+55 to 165+70, One 48" reinforced-concrete-pipe buried 1-foot will serve as a small animal passage pipe. • Station 173+70 to 191+85, Hand clearing in 0.404 acre of wetlands will be used instead of mechanized clearing. Four 48"pipes and one 42" pipe buried 1-foot will serve as small animal passage pipes. • Station 197+OS to 197+70, Hand clearing in 0.008 acre of wetlands will be used instead of mechanized clearing. • Station 198+55 to 209+30, Hand clearing in 0.089 acre of wetlands will be used instead of mechanized clearing. Four 48" pipes buried 1-foot will be placed in the wetlands to maintain hydraulic connectivity on both sides of the roadway. One 48" pipe buried 1-foot will serve as a small animal passage pipe. • Station 208+60 to 219+90, Hand clearing in 0.167 acre of wetlands will be used instead of mechanized clearing. Three 48" pipes buried 1-foot will be placed in the wetlands to maintain hydraulic connectivity on both sides of the roadway. One 48" pipe buried 1-foot will serve as a small animal passage pipe. • Station 218+65 to 225+65, Hand clearing in 0.022 acre of wetlands will be used instead of mechanized clearing. • Station 229+50 to 242+45, Hand clearing in 0.110 acre of wetlands will be used instead of mechanized clearing. Two 48" pipes buried 1-foot will be placed in the wetlands to maintain hydraulic connectivity on both sides of the roadway. • Station 245+50, Hand clearing in 0.050 acre of wetlands will be used instead of mechanized clearing. -17- Compensatory Mitigation: The construction of the R-2245 will result in 21.448 acres of permanent wetland and 15 ft of stream impacts that will require mitigation within the Lumber River Basin. Based upon the agreements stipulated in the "Memorandum of Agreement Among the North Carolina Department of Environment and Natural Resources, the North Carolina Department of Transportation, and the U.S. Army Corps of Engineers, Wilmington District" (MOA), it is understood that the North Carolina Department of Environment and Natural Resources Ecosystem Enhancement Program (EEP), will assume responsibility for satisfying the federal Clean Water Act compensatory mitigation requirements for NCDOT projects. The offsetting mitigation will be derived from an inventory of assets already in existence within the same 8-digit cataloguing unit. The Department has avoided and minimized impacts to jurisdictional resources to the greatest extent possible as described above. The remaining, unavoidable impacts to 21.448 acres of jurisdictional wetlands and to 15 feet of jurisdictional streams will be offset by compensatory mitigation provided by the EEP program as noted in the enclosed EEP confirmation letter. REGULATORY APPROVALS Section 401: Application is hereby made for a Clean Water Act Section 401 Water Quality Certification. NCDOT has already provided for method of payment through the CAMA Major Development Permit application. LAMA: NCDOT has applied for a CAMA Major Development Permit under separate cover. Section 404: NCDOT has applied for a Clean Water Act Section 404 Individual Permit under separate cover. US Coast Guard: In a separate application, NCDOT requested approval from the US Coast Guard for the construction of the bridge over the AIWW. A copy of this permit application will be posted on the DOT website at: http://www.ncdot.org/doh/preconstruct/pe/neu/permit.html Thank you for you assistance with this project. If you have any questions or need any additional information about this project, please contact Brett Feulner at (919) 715-1488. Sincerely, ~~ , Greg Thorpe, P.E., Branch Manager Project Development and Environmental Analysis Branch GT/bmf -18- cc w/o attachment Mr. Jim Gregson, NCDCM Ms. Becky Fox, USEPA -Whittier, NC Mr. Gary Jordan, USFWS Mr. Mark Staley, Roadside Environmental Mr. Allen Pope, P.E., Division 3 Engineer Mr. Clarence Coleman, P.E., FHWA Mr. Michael Street, NCDMF Mr. Dave Timpy, USAGE, Wilmington Mr. Jay Bennett, P.E., Roadway Design Mr. Majed Alghandour, Programming and TIP Mr. Art McMillan, P.E., Highway Design Mr. Todd Jones, NCDOT-, External Audit Branch Mr. Travis Wilson, NCWRC Mr. Ronald Mikulak, USEPA -Atlanta, GA Dr. David Chang, P.E., Hydraulics Mr. Greg Perfetti, P.E., Structure Design Mr. Mason Herndon, Division 3 DEO Mr. Ron Sechler, NMFS Mr. Steve Sollod, NCDCM Mr. Carl Goode, NCDOT- HEU Mr. Joseph Qubain, P.E., PDEA Mr. Scott McLendon, USAGE, Wilmington Ms. Beth Harmon, EEP Mr. Terry Knowles, USCG -19-