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' ~m ., .~ • • . • . • ~ • • • ~ • ~s y ° s -~ a m ~~ \-. ~ N 1 • n N N f: • • ~ --. ~ ~; ~- SECOND BRIDGE TO OAK ISLAND (TIP NO. R-2245) NEPA / 404 MERGER TEAM MEETING FOR REVISED CONCURRENCE POINT 4A Stantec Meeting Date: April 11, 2006 Place /Time: NCDOT Board Room, Raleigh, 9:00 am Attendees: Ron Sechler, NOAA Fisheries Service Pace Wilber, NOAA Fisheries Service Scott McLendon, US Army Corps of Engineers Dave Timpy, US Army Corps of Engineers Kathy Matthews, US Environmental Protection Agency Chris Militscher, US Environmental Protection Agency Gary Jordan, US Fish and Wildlife Service Melba McGee, NC Department of Environment and Natural Resources Amy Simes, NC Department of Environment and Natural Resources Steve Sollod, NC Division of Coastal Management Brian Wrenn, NC Division of Water Quality John Hennessy, NC Division of Water Quality Travis Wilson, NC Wildlife Resources Commission Ron Lucas, Federal Highway Administration Joe Blair, NCDOT Division 3 Mason Herndon, NCDOT Division 3 David Chang, NCDOT Hydraulics Unit Ray Lovinggood, NCDOT Hydraulics Unit Max Price, NCDOT Hydraulics Unit Stacy Baldwin, NCDOT Project Development & Environmental Analysis Branch Rob Hanson, NCDOT Project Development & Environmental Analysis Branch Joseph Qubain, NCDOT Project Development & Environmental Analysis Branch Greg Thorpe, NCDOT Project Development & Environmental Analysis Branch Deborah Anderson, NCDOT Natural Environment Unit Brett Feulner, NCDOT Natural Environment Unit Phil Harris, NCDOT Natural Environment Unit Elizabeth Lusk, NCDOT Natural Environment Unit Colin Mellor, NCDOT Natural Environment Unit Leilani Paugh, NCDOT Natural Environment Unit Chris Rivenbark, NCDOT Natural Environment Unit Debbie Barbour, NCDOT Preconstruction Victor Barbour, NCDOT Project Services Unit Doug Allison, NCDOT Right-of-Way Branch Hugh Thompson, NCDOT Right-of-Way Branch John Williamson, NCDOT Right-of-Way Branch Glenn Mumford, NCDOT Roadway Design Unit Tatia White, NCDOT Roadway Design Unit Lonnie Brooks, NCDOT Structure Design Unit Emily Murray, NCDOT Structure Design Unit Ray McIntyre, NCDOT TIP Development Unit Tyler Bray, NCDOT Transportation Planning Branch Robert Memory, NCDOT Utilities Coordination Unit Don Eggert, Cape Fear Rural Planning Organization Keith Lewis, Stantec Paul Koch, Stantec APRIL 11, 20D6 MEETING MINUTES Page 2 of 4 Reference: Second Bridge to Oak Island Meeting for Revised Concurrence Point 4A PURPOSE OF MEETING: To reach agreement on Revised Concurrence Point 4A (Avoidance and Minimization). ITEMS OF DISCUSSION: The following paragraphs summarize the discussion and decisions resulting from this meeting. (See attached concurrence form for background information). The meeting opened with a brief introduction by Dave Timpy who noted the absence of the State Historic Preservation Office (SHPO) representative and stated that the SHPO did not have any concerns about the revisions. Mr. Timpy then turned the meeting over to Joseph Qubain. Mr. Qubain explained the Revised 4A Concurrence form, which was displayed onscreen and distributed to the Merger Team, then opened the discussion for questions. In response to a question asked by Travis Wilson, Leilani Paugh stated that animal passages under private roads within the conservation easement are included in the project. She added that $100,000 has been allocated to each of the two landowners to be used for animal passage construction. The concurrence form was revised to reflect this information. Chris Militscher noted that the USEPA had been added as a party to the Memorandum of Understanding (MOU) and expressed concern about lots within the St. James Carolina Bay that appeared to be within wetlands. As a result of subsequent discussions, the concurrence form was revised to state that the wetlands within the St. James Carolina Bay would be restricted from development. Mr. Militscher requested that additional parks and recreational areas shown on the Williamson Tract Master Plan be added to the conservation area. Ms. Paugh stated that she would discuss the request with the landowner, but did not anticipate a favorable response. During the previous discussion, Mr. Timpy recalled the USACE's request for apre- application meeting between the USACE, NCDOT, and the developers to discuss wetland impacts within the vicinity of the access points. Mr. Qubain responded that that was beyond the scope of the project and that those issues would be resolved through the developer's permitting process with the USACE. Scott McClendon stated that the USACE was concerned that the access points would generate development. Ms. Paugh noted that development is occurring in the area regardless of the project and that acquiring the conservation areas and easements is generating protection for upland areas that would not be protected under Section 404 regulations. She also noted that the Williamson Tract no- access plan has greater wetland impacts than the plan with access. The remaining portion of the meeting focused on the southwest access (SW) at access point number two. (i.e., the southernmost access point on the west side of the proposed roadway). With the addition of a right-in/right-out access on the Williamson Tract, members of the Merger Team requested that the SW access point be eliminated. The discussion of this s>~n~C issue spanned a large portion of the meeting, with the Merger Team breaking into several small group discussions. The following bullets summarize the main items of discussion. The SW access point would provide access for a landlocked parcel owned by MAS. The parcel is currently accessed from the west by Sunset Harbor Road. Travis Wilson and Brian Wrenn [referencing the Yellow Banks Environmental Assessment] noted that MAS and Coastal Communities are the same company and reasoned APRIL 11, 2006 MEETING MINUTES Page 3 of 4 Reference: Second Bridge to Oak Island Meeting for Revised Concurrence Point 4A therefore that access to that parcel from the east was not needed, as it could be accessed from the Coastal Communities property. • The USACE recommends that the access point be moved to an upland area along the USACE easement for the Yellow Banks Disposal Area. If the access point cannot be relocated, it should be eliminated. • Greg Thorpe stated that moving the access point further south would not be an option due to proximity to the bridge. • If the access point is eliminated, Mr. Milischer requested that the design include a U- turn opening in the median at this location. • Debbie Barbour stated that there is a strong possibility that the SW access point can be eliminated; however, the NCDOT would like to research the history of the access point to determine its origins before making a decision to eliminate it. • - Mr. Timpy stated that the access point as designed does not meet the commitment to avoid. additional wetland impacts. He also noted that the project is not removing existing access to the MAS property. • In response to a question asked by Mr. Wilson, Ms. Paugh stated that the NCDOT would investigate the origins of the SW access point and attempt to redesign the access to avoid potential legal issues resulting from the elimination of the access point. She added that eliminating the access point after following this process would be consistent with the original commitment that the access points should be located such that there are no additional wetland impacts. If this commitment cannot be met due to the presence of wetlands, the elimination of the SW access point would be justified under this commitment. • Mr. Timpy reiterated that the USACE recommends eliminating the SW access and proposed that the Team sign a Revised 4A form indicating as such. Should the access point be needed, the Team would reconvene to discuss. • In response to the USACE proposal, NCDOT proposed that the access point be redesigned (shortened or lengthened, and realigned) so that it is in, and can be accessed from, entirely upland areas. NCDOT would pertorm wetland delineations to identify upland areas. • In response to a request made by Mr. McClendon, Ms. Paugh stated that the Record of Decision (ROD) and public hearing mapping are documentation of the need for this access point. • In response to a comment made by Mr. Timpy that the Merger Team not reach concurrence at that meeting, Ms. Paugh stated that a signed concurrence form would aid in negotiations with the landowners as it would demonstrate the Merger Team's willingness to move forward with the project. • It was resolved that the concurrence form would state that NCDOT will redesign the SW access point to allow connection without incurring additional stream and wetland S~CII'1~12C impacts and that NCDOT would provide rationale for the access. If either of these items cannot be accomplished, the access point would be eliminated. The meeting also included discussions of the following items: The Merger Team briefly discussed access control for the conservation easement, with Gary Jordan stating preference that it be fenced to deter human intrusion. APRIL 11, 2006 MEETING MINUTES Page 4 of 4 Reference: Second Bridge to Oak Island Meeting for Revised Concurrence Point 4A Ms. Paugh informed the Team that the NCDOT proposed to reduce the length of access control on the St. James access point to the intersection with the first development street In response to a comment by Mr. Timpy regarding the wetland delineations/jurisdictional determinations for the Williamson Tract and St. James, Mr. Qubain stated that the NCDOT would provide copies of wetland information on file. In response to a question asked by Mr. Militscher, Ron Lucas stated that the NCDOT, Project Development would be preparing a consultation and would not be preparing a revised ROD. Mr. Militscher requested that this information be provided to the Merger Team. CORRECTIONS & OMISSIONS: This summary is the writer's interpretation of the events, discussions, and transactions that took place during the meeting. If there are any additions and/or corrections please inform the writer in writing within seven (7) days. Keith D. Lewis, PE Project Manager klewis@stantec.com KDLlacs Attachment: Revised Concurrence Point 4A Form Exhibit cc: Attendees File ~it,art'bec NEPA / 404 MERGER TEAM AGREEMENT Revised CONCURRENCE P4YNT NO.4A. Federal Aid Project Number: STP-1145(6) State Project Number: 8.2231201 TIP Number: R-2245 TIP Description: Second Bridge to Oak Island From SR 1104 (Beach Drive) to NC 211, Brunswick County $ac round Agreement on Concurrence Point 3 was reached on June 19, 2002. The description of the Least Environmentally Damaging Practicable Alternative (LEDPA) (Alternative B) was amended to include the acquisition of an easement connecting the two Cazolina Bays with an animal crossing. Agreemern on Concurrence Point 4A was reached on November 19, 2003. As part of the avoidance and minimization measures for the project, it was agreed that NCDOT would make every effort to acquire the two Carolina Bays on each side of the road phis 200 feet around each Bay and acquire a 10-foot wide conservation easement adjacent to the right-of way on each side of the road. During the initial implementation stage, NCDOT encountered difficulty meeting these three commitments. The status of these commitments was discussed in meetings with the Merger Team on April 20, 2005, July 21, 2005, and January 19, 20(}6, during which NCDOT described the legal issues involved with the coxmitments. NCDOT proposed alternative commitments that would fulfill the intended purpose of the original commitments, but that were within the Department's statutory authority. A package was mailed to the Merger Team on February 6, 2006 that included detailed information on the proposed alternative cozz~mitments. Field meetings were held February 7 and S, 2006 to view the proposed conservation areas. Based on the comments received on the package and negotiations with the landowners, the project commitments are described herewith. • Acquire three Carolina Bays. Carolina Bay West of R-2245 (Williamson Pro.Qerty) The Carolina Bay west of the proposed R 2245 roadway alignment, including park areas PR6 and FR4 with the exception of a planned Club House/Amenity Center (PR7}; three additional park and recreation area PR3, PRi l & PR13; the approximately 300' wide animal corridor leading from the bay to the Carolina Bay east of the roadway alignment; and a section ofthe bay east of the proposed R-2245 roadway alignment. Carolina Bays East ofR-2245 LSt_ 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, with the exception of a small piece of upland. The delineated wetland of the Carolina Bay east will be restricted from development. • Acquire two animal crossing easements. One approximately 300' wide connecting the two Carolina Bays, in addition to another 300' wide easemern leading north from the Carolina Bay east of R 2245 to the new Bay. NCDOT has committed to provide $100,000 per landowner to provide crossings under the private development roads within the preserved wildlife corridors. Provide full control of access from NC 211 to the Intracoastal Waterway, except at the following street access points: -L- Station 79+SO {Full Movement}, -L- Station 191+45 {Right-in Right-out Only), and approximately -L- Station 151+55 (Right-ix~ Right-out Only). NCDOT wdl redesign the western access point from -L- Station 79+50 to allow the landowner to connect to the access without incurring additional stream and wetland impacts. NCDOT will provide rationale for the western access. If this cannot be accomplished, this western access point will be eliminated. 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. 2. A Memorandum of Understanding 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. 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. Additional avoidance and minimization measures are attached to this concurrence form. The Merger Team has concurred on this date'of Aprt`~ I1, 2006 an the alternative commitments. ~~ • n . ~ US Army Corps of Engineers US Environmental Protection Agency US Fish and Wildlife Service National Marine Fisheries Service NCDEN)(2, Division of Water Quality NCDENR, Division of Coastal Management NCDENR, Division of Marine Fisheries NC Wildlife Resources Commission State Historic Preservation Office Federal Highway Administration NC Department of Transportation . `-~~C~.bea..-ter Avoidance and Minimization Measures Protect-Soeci is Avoidance and IYfinimization Measures Due to the large amour of wetlands within the study area, it is impossible to construct the proposed project without wetland impacts. Measures have been taken, however, to avoid and m~nimi~e these impacts to the maximum extent passible, while still effectively meeting the purpose of and need for the proposed project. Project-specific measures include the following items: The project right-of--way was set at 150 feet (4b meters) to avoid impacts to wetlands within the larger project corridor; and, • The proposed alignment and resulting right-of--way was set within the corridor of the Preferred Alternative to avoid and minimize impacts. The avoidance and minim17ation of potential lC1s from the proposed project were also considered during this phase of the planning process. These measures are listed below. • Residential street access is precluded from the right-of--way of the proposed project to the planned development roads for Williamson and St. James properties. Access control would also be reflected by a continuous fence along the roadway. These measures aid in minimizing induced development along the project; and, The Phase II National Pollutant Discharge Elimination System (NPDES) stormwater program would be adopted and enforced by local governments for the area bound by AtC 211, Sunset Harbor Road, the AIWW, and Beaver Dam Creek. The stormwater program mandates would be applied to new development within the specified axes. (Brunswick County currently has a Stormwater Ordinance that it has adopted in anticipation of the Phase Il NPDES regulations. This ordinance is included in the Brunswick County Commissioners' correspondence in FEIS Section 3.0.) Avoidance and Minimization Measures for the Construction Phase In addition to the measures above, the following avoidance and m~izziznization procedures should be irnplemented during construction: Strict adherence to procedures contained in Best Management Practices for Protection of Surface Waters (NCDOT, 1997) and Stream Crossing Guidelines for Anadromous Fish Passage {NCDOT, 1999), as well as the NC Department of Environment and Natural Resources (NCDENR), Division of Land Resouxces, Land Quality Section's North Carolina Erosion and Sediment Control Planning and Design Manual {NCDENR, 1993) would aid in avoidzng and minimising impacts to water resources and aquatic communities; • Native vegetation should be planted along roadsides #o deter the spread of exotic and inva~~ve sp~c~es. ~'he FHWA guidance handbook, Roadside Use of Native Plants (~'I~WA, 2402} provides information on ro~dsid~ restoration and management; • Implementing NMFS construction moratoriums and USFWS construction guidance can mininvze dizect impacts to essential fish habitat and primary nursery inhabitants and manatees. Table 2.7.1 contains these moratoriums; TABLE 2.7.1 NMFS CONSTRUCTION MORATORIUMS USFWS CONSTRUCTION GUIDANCE ~liiY, ~iY;~~;.~"TY•' ~SR• ~Cy~, w;Ymvw^Riy'u'?^~:^0'~a~r "'.~:=~'! J Y1n f,~~ t '4y s ~~t"~ t . t_i ~Rr~'"~~r?~1~y~'!`:CS~~4f`y-~i.,2s:`~.t'~F-:'~w„ ~ b ~{' 0 T `~.t,{~~~~4~~L'.iJ:faS "r Y ~~ i Y ~ ~` :;~`""~~Fd~"' '~,,, '~w ...~i y'~~5~+~;M :i~. r+~~~~°~ ~ ''~r.er~?w?~~~~~..;3s::: ~.'~'..^.t.e WV:.Si. 4~T .T SC1.~: "ti v - ~,:~_..r~. ~~~ ~. ,} •; ~ ~3.. ..r . ~'yf`~i~rr,~rr~.'~1 ~ S, tY•.2rF ,/~.:2~ .~~:'rn'~~F ,"y.,~"~t'Tt•"i ~~y ~ ~T ~~ ~ ~ ~bT R i. ~~~ •'w"j~~,~.rss+~ zF, Y~ F7' F~1?d"i~'~ ;,~Y":~= .f'AL.~ _1..r~ ~ ~~.`1'%!i cK~a'~S'~r~.3~u-_~^_„r~`N~a^vi::v~V4;~..wsF~:c'~b"~SW^ r%~•'/i:J,w u:1/;'Y `.'.i'tiC. ~:.Y~. v:~~="i 3µ ~w ~ ,f'. _.;: v S~ ~•~v~t;.~ ~j`(j<"F.~.ir, y.I.k. r~~' 3~.El.ly' '~ k~ T.. ~Y^4 J'f 4 a 'T. `;~.y~~GENC'S~~-'~~.•,`~ , 1. n.+1~. ,,-~„~'~ Sturgeon February 1 -June 30 NIvIFS Primary Nursery Areas February 15 - Septeu~ber 30 NMFS/NCDMF Manatee (in-water activities) June -October USFWS 50URCE: IJSACE, Aneust 2002. httoJlvv~vw.saw_usace.armymillwetiands/Policies/M O1tATORILJMSB-02.pdf • The use of a vacuum machine to clean up and transfer of spoil material generated during the installation of bridge piles can minimize impacts to wetlands, aquatic communities, and riparian buffers; Cleating and grubbing activities should be minimized to reduce impacts to riparian buffers; • Judicious zr~anagemeirt of herbicides and pesticides; and, • Litter and debris control R-2245_easement.dgn 042G!200G 02:41:27 PM ~Y . • -, , „rry .~~~. STATE OF NORTH CAROLINA DEPAR'I~NT OF TRANSPORTATION MICHAEL F. EASLEY GOVERNOR LYNDO TIPPETT SECRETARY Draft Minutes of the Interagenc~ydraulic Design Review "4B" Meeting July 20, 2004 R-2445 (Second Bridge To Oak Island) State Proiect 34407.1.1 New Route From SR 1104 (Beach Dr.) To NC 211 Brunswick County Team Members: David Timpy, USACE (present) Nikki Thompson, NCDWQ (present) Gary Jordan-USFWS (not present) Travis Wilson, NCWRC (present) Chris Militscher-EPA (present) Steve Sollod, NCDCM (present) Bill Arrington, NCDCM (present) Ron Schley, NMFS (not present) Elizabeth Lusk, ONE (present) Stacy Baldwin- PDEA (present) Glenn Mumford- Roadway Design (present) Participants: (See attached list) Plan Sheet 4 & Big Davis Canal Bridge: Max Price explained that the beginning of the project was a typical beach road; i.e., water sheet flows off of the roadway and infiltrates into the sandy soils. Ditches are not typically utilized to convey water to established outfalls. Instead of ditches we propose to use drop inlets and "storm chambers" to provide temporary underground storage and infiltration of stormwater that usually occurs in the beach roadway shoulders and right of way. This project will require CAMA Major Permit and so will therefore require a State Stormwater Permit. Apre-application consultation with regional DWQ staff will be conducted prior to final Hydraulic design and the 4C Permit Drawing Review meeting. MAILINI3 ADDRESS: NC DEPARTMENT OF TRANSPORTATION ~ F'IYDRAUI.ICS ~1NIT 1590 MAIL SERVICE CENTER RALEIGH NC 27699-1590 TELEPHONE: 919-250-4100 FAX: 919-250-4108 WEBSITE: WWVV.DOH.DOT.STATE.NC.US LOCATION: CENTURY CENTER COMPLEX BUILDING B 1020 BIRCH RIDGE DRIVE RALEIGH NC R-2245, 4B Meeting July 21, 2004 Page 2 of 7 There aze sliver fill areas in the coastal marsh wetlands left and right of -L- Sta. 17+00 and 20+00 (+/-) with impacts less than one acre (0.4 acres +/-). These impacts were created when the proposed grade across the Davis Canal was changed in order to drain bridge deck runoff to the north and not to the south as shown on the 25% roadway plans. Placement of infiltration basins (or other BMP devices) to the south would be impractical due to the above mentioned wetlands and would result in greater impacts. At the northern end of the bridge, it is possible to treat the stormwater runoff without wetland impacts. A proposed location for "storm chambers" for infiltrating the deck stormwater is shown on plan sheet 5. This design will be coordinated with regional DWQ staff and finalized prior to the 4C meeting. The question was raised if "box beams" could be used for the bridge's superstructure rather than the proposed 21"cored slabs. Box beams would allow longer spans and a reduction in the number of interior bents from four to two with the subsequent reduction in fewer drilled shaft bents. NCDOT Structure Design staff answered that box beams would necessitate raising the grade in order to preserve the vertical clearance of the existing bridge. Raising the grade would result in additional impacts to the coastal marsh. Due to additional impacts to the coastal marsh, the decision was made to use a cored slab bridge and not box beams. NCDOT Geotechnical Unit staff stated that based on geology, drilled shaft bents would probably be the required foundation type. It was also stated that the temporary work bridges could be supported by pile bents. Temporary work bridges will be required for construction of the new bridge. Two work bridges will be required in order to maintain a navigable channel during construction. Temporary piles will support the work bridges. The elevation and location of the work bridges will be determined during final design and presented at *h~ 4C meeting. Plan Sheet 5: Treatment for bridge deck storm water is envisioned as the "storm chambers" shown on the right side of the road just north of the bridge. This is an urbanized area and use of the underground infiltration storm chambers appeaz the more appropriate method of treating the storm water rather than an open infiltration basin. Plan Sheet 6: Upon approval by regional DWQ staff, urbanized azeas will utilize the same drop inlet and "storm chamber" infiltration concept discussed on plan sheet 4. Plan Sheet 7 & Intracoastal Waterway Bride: Max explained the azea on the southern end of the Intracoastal Waterway (ICW) bridge has room for. stormwater management. The Public Hearing map shows expected property takes for Right of Way acquisition and these parcels should provide adequate room for some type of stormwater BMP device. The design and treatment method on the northern and southern end of the Intracoastal Bridge will be coordinated with regional DWQ staff and finalized prior to the 4C meeting. R-2245, 4B Meeting July 21, 2004 Page 3 of 7 Bill Arrington of the North Carolina Division of Coastal Management requested the design maintain access to the gravel pazking area and board walkway shown under the south end of the proposed ICW bridge. According to the current Bridge Survey Report, the design provides approximately 32' of vertical clearance over East Yacht Drive. No one expressed any design concerns with maintaining this access. Dave Timpy of the US Army Corps of Engineers mentioned there is an on-going "land swap" deal in progress, involving the land developers on the north east end of the bridge and the Corps of Engineers. He couldn't say what the current status of this swap might be or how it could affect the project. Construction of the bridge was discussed. Max Price stated barges and work bridges would probably be used for the construction. Also discussed was the use of barges that would be allowed to settle on the bottom during low tides. The elevation and location of the work bridges will be determined during final design and presented at the 4C meeting. Max talked about the overall bridge length as shown in the previous Bridge Survey Report, dated Apri13, 1998. In it, there were proposed bridge spans over the dredged spoil area for a length of greater than 250'. There is no hydraulic reason for the additional span lengths since the 100 year flood elevation is well below the elevation of the dredged spoils. Research by the Hydraulics Unit has found no evidence for the need for the additional spans. Keith Lewis of Stantec responded that sometime in the past, "someone in NCDOT wanted the bridge to cross over a portion of the dredged spoils." However, he didn't remember who it was or if there was a given reason. Nobody in the meeting expressed objection to shortening the bridge, however, coordination with the Corps of Engineers is required to determine if the additional bridge length was required for access to the spoil area. Some members of the 4B meeting questioned if shortening the bridge would allow for shifting the access point towards the south and out of the wetland azea. Glenn Mumford, NCDOT Roadway Project Engineer, showed a larger scale plan with additional wetland areas depicted. He explained the bridge probably couldn't be shorted enough to allow shifting the access road without impacting a greater azea of wetlands. Complicating the design are the requirements for guardrail and tapers for a turn lane which combine to require significant distance between the end of the bridge and the access road. John Hennessy asked if there is a moratorium on working in the water. No answer was given and John requested the answer be available for the 4C meeting. ~ . ~ - _._ ~~; .. (Subsequent to the 4B meeting and during the compilation of these minufes, reference to~ moratoriums was found on the "green sheets " of the Final EIS - Ed.) A question was raised about utilities on the bridge. Max responded it is too early in the design to know. Plan Sheet 8: Max Price explained the general roadway typical section from the northern end of the ICW bridge to the northern project terminus: Four lanes divided with a mounded grass R-2245, 4B Meeting July 21, 2004 Page 4 of 7 median and open shoulders on the outside. In tangent sections, roadway storm water would sheetflow down the grassed fill slopes, but in curves, runoff would be collected by catch basins in the median and piped to the roadway toe of slope. Currently, the plans show the standard NCDOT rip rap outlet pad at all catch basin outlet pipes. The 2 and 10 year storm outlet velocities will be evaluated to determine the possible need for preformed scour holes. A request was made by DWQ that outlets near wetlands discharge with non-erosive velocities. The final design will address this request. Plan Sheet 9: Max stated the access point design most likely will require changing the drainage as presently shown near the double 42" pipes. There was discussion on the "stream" conveyed by the double 42" pipes. It shows as a "blue line" on the USGS quad map, but was not delineated as a jurisdictional stream. Although the NCDOT standard rip rap is shown at the downstream end of the 42"pipes, rip rap will not be used unless outlet velocity dictates its use. There was much discussion about the location, and impacts associated with the access point. There may need to be further coordination between the agencies, planning and design prior to the . final design and the 4C meeting. john Hennessy asked that all wetland information for the access points be made available for the , 4C meeting. Plan Sheet 10: The conceptual drainage plans presently show double 48" pipes to convey the "blue line" stream as shown on the USGS quad rnap. Mason Herndon, NCDOT Division 3 Environmental Officer, stated this is the only stream that was identified as a jurisdictional stream. It was classified as "intermittant." It was emphasized that all fill slopes within the wetlands should be 3:1. Plan Sheet 11: The need for rip rap at the pipe outlets will be verified once outlet velocities are checked. Plan Sheet 12: The plans currently show a 42" pipe laid in the existing dirt logging road, maintaining the present drainage pattern. While this doesn't match the USGS quad, which shows a blue line crossing the dirt road, it is the current drainage pattern. Discussion centered on the possibility of reconnecting the two wetland areas. NCDOT will investigate if it is feasible. One possible problem would be the need to raise the roadway grade to allow placement of an adequately sized pipe. As shown, the pipe is down low in the old logging road, but reconnecting the two wetland areas would require a pipe at a higher elevation. Raising the roadway grade will impact more wetland due to the larger footprint. If the agencies see the need for a field review of this site someone from the Hydraulics Unit would like to attend. R-2245, 4B Meeting July 21, 2004 Page 5 of 7 There was discussion among the agencies that there might be a chance for on-site mitigation credits if these wetlands are reconnected. How the credits would be measured or accounted for was not determined at this time. Plan Sheet 13: Travis Wilson (North Carolina Wildlife Resource Commission), discussed providing a small animal passage through the roadway embankment between the two Carolina Bays. The Hydraulics Unit will coordinate the size and location of the of the passage with NCWRC and USWFS prior to final design and the 4C meeting. The status of NCDOT purchasing the two Carolina Bays was discussed. Brett Fuelner and Elizabeth Lusk of the Office of Natural Environment (ONE) replied that right of way acquisition won't begin until April or May of 2005. It was commented on that the process of acquiring the Carolina Bays could possibly begin prior to the project Right of Way acquisition. DWQ stated that they may not issue the 401 Certification if the bays are not purchased. Plan Sheet 14: No Comments Plan Sheet 15: Nicole Thomson requested the catch basin outlets be routed to discharge in the wetlands rather than on the upland side of the road. She explained the wetlands performed as natural filters for the stormwater running from the catch basins. She did state the outlet velocities would need to be non-erosive. Dave Timpy disagreed and requested the pipes not outlet into the wetlands. After reviewing the quad map, Max mentioned that a wetland or Carolina Bay is on the other side of the road and that consideration will be given to the above in the final design phase. A suggestion was made to place a note on the plans indicating where the two large Carolina Bays are located and Hydraulics will do this. Plan Sheet 16: Discussion focused on whether or not the equalizer pipes should be buried. It was decided that they should they be buried since they are in the wetlands. A note will be added to the plans so that it is clear to construction personnel that the pipes will be buried. Plan Sheet 17: There was much discussion about the location, and impacts associated with the ;_ access point. There may need to be further coordination between the agencies, planning and design prior to the final design and the 4C meeting. Plan Sheet 18: No Comments. Plan Sheet 19: No Comments. Plan Sheet 20: Hydraulics will field investigate the stream or ditch currently shown on the plans, between stations 233+00 Lt and 235+50 Lt (+/-) to determine if the drainage design requires changes. Plan Sheets 21, 22, and 23: Max explained the existing drainage along the south side of NC- 211: Ditches currently provide drainage, flowing to the west from approximately station 22+00 R-2245, 4B Meeting July 21, 2004 Page 6 of 7 and flowing to the east from that same high point in the ditch. Flows to the east go to the box culvert under NC-211 and then flow north into "River Swamp." The proposed drainage design maintains the same design philosophy: lateral ditches alongside NC-211 that are approximately the same width, depth, and slope as the existing ditches. These ditches are limited in depth by the pipes and culverts they must tie to. It was determined that possible impacts to the wetlands as a result of moving the ditches should be evaluated during the final design process. The presence of underground storage tanks on the Midway Trading Post property, located at the intersection of SR 1500 and NC-211 was discussed. Hydraulics said that while it is not shown on the half-sized plan sheets, channelization curb can be used in this area instead of roadway ditches to avoid excavation on this property outside of the existing right of way. The existing box culvert shown on plan sheet 23 will be retained and extended. No other comments were provided and the meeting was terminated. ACTION ITEMS • Hydraulics will review the drainage design and stormwater management plan with regional DWQ staff prior to the 4C meeting. • Hydraulics will check velocities on pipe outlets near wetland areas to see if rip rap can be omitted where practical. Use of preformed scour holes will be evaluated. • Hydraulics will check the constraints involved in connecting the wetland areas on both sides of the roadway at the existing soil road crossing on sheet 12. Required fill height over the proposed pipe and the resulting additional wetland impacts are a concern. • Hydraulics, NCWRC, and USFWS will coordinate as to the type/size of an animal passage structure between the Carolina Bays located on sheets 13 through 15. • Equalizer pipes will be buried in jurisdictional surface waters and wetlands. • Roadway Design will investigate the use of channelization curb at the Midway Trading Post property. • Roadway Design will address providing access to the gravel parking area and board walkway under the proposed ICW bridge. • NCDOT will proceed with attempt to acquire the two large Carolina Bays located between - L- Sta. 120+50 Lt and 190+50 Rt. • PEDA will coordinate.with USACE to determine the status and affect of the "land swap" deal and southern access point involving land developers and the Corps of Engineers on the northeast end of the ICW bridge. • Hydraulics will coordinate with USACE in determining if the area below the north end of the ICW bridge is required for spoil disposal equipment to travel from one side of the roadway to the other . ._ ,__ ~ Oi~vE viii coordinate deliiieatlGii Gf " `t" ^"'^" +l. ~~'' ^^ *• all ,ae«ands rear access points ~riivi tG u~c ~., ~~~ee~u-~g. R-2245, 4B Meeting July 21, 2004 Page 7 of 7 d~~~~ m n., ti ' N. ~~ auw vim' MICHAEL F. EASLEY GOVERNOR Team Members: Participants: General Comments: STATE OF NORTH CAROLINA DEPARTN~NT OF TRANSPORTATION Draft Minutes of the Intera~ency Permit Drawings Review "4C" Meeting Apri120, 2005 R-2245 (Second Bride To Oak Island) State Proiect 34407.1.1 New Route From SR 1104 (Beach Dr.) To NC 211 Brunswick County David Timpy, USACE (present) Gary Jordan, USFWS (present) Travis Wilson, NCWRC (present) Brian Wrenn, NCDWQ (present) Chris Militscher, EPA (present) Rob Ayers, FHWA (not present) Bill Arrington, NCDCM (present) Steve Sollod, NCDCM (present) Ron Sechler, NMFS (not present) Stacy Baldwin, PDEA (present) Mason Herndon, Divison 3 (present) Joe Blair, Division 3 (present) Glenn Mumford- Roadway Design (present) Lonnie Brooks, Structures (present) Elizabeth Lusk, ONE (not present) (See attached list) LYNDO TIPPETT SECRETARY Dave Timpy requested an explanation for the use of rip rap as energy dissipaters in the wetlands. Max Price explained that for the cross pipes, of which there are four on the project, the outlet velocities for the 10 year storm events will be much greater than non-erosive velocities and the receiving ground structure could not withstand the high velocity. The swales where the cross pipes are located are not well defined. They have no banks, but consist of large, low areas with flat side slopes. The lack of a defined channel means the tail MAILING ADDRESS: NC DEPARTMENT OF TRANSPORTATION F'IYDRAUL.ICS ()NIT 1590 MAIL SERVICE CENTER RALEIGH NC 27699-1590 TELEPHONE: 919-250-4100 FAX: 919-250-4108 WEBSITE: WWW. DOH. DOT. STATE. NC. US LOCATION: CENTURY CENTER COMPLEX BUILDING B 1020 BIRCH RIDGE DRIVE RALEIGH NC R-2245, 4C Meeting April 20, 2005 Page 2 of 8 water depth is relatively low. As water flows through the pipe, it may begin at the upstream face flowing full, then the water level will drop to the "normal depth" within the pipe. As the depth drops, the velocity increases and with the quantity of flow these pipes are anticipated to convey, the velocities are high. The low tail water contributes to the problem. When the water depth in the pipe is higher than the tailwater, the velocity coming out of the pipe will be high; there is no high tailwater to buffer the flow. But with use of a rip rap energy dissipater pad, the Q2 and Q10 velocities will be non-erosive. Travis Wilson asked if the addition of parallel pipes would aid in reducing the outlet velocities to something less than an erosive velocity. Max Price answered that not a reasonable number of additional pipes would sufficiently reduce the outlet velocities to be non-erosive. • Chris Militscher requested Q2 and Q 10 flows and velocities, for pipes discharging to wetlands, be provided with the permit. Erosion Control devices in wetland impact areas should be described in the permit documentation. The items they will use can be placed within the mechanized cleared areas that are already delineated on the permit drawings. The impact of the devices are not to be calculated nor tabulated since the areas have already been accounted for by the mechanized clearing. Dave Timpy stated there is a difference between the recorded impact to wetlands in the FEIS and the NCDOT Wetland Permit Impact Summary. The current impact as determined by NCDOT is 17.81 acres (Permanent Fill In Wetlands) while the FEIS shows only 16.1 acres. Joseph Qubain of PDEA will obtain information from Stantec and coordinate with the Hydraulics Unit so site by site comparisons can be made. • Dave Timpy requested a description of the bridge construction be placed in the written documentation portion of the permit package. The construction of the Intracoastal Waterway could effect navigation along the ICWW. He also stated a description of construction for the Davis Canal bridge also be included. • Dave Timpy requested that the Intracoastal Waterway centerline, as supplied by the Corps of Engineers, appear on the both the plans and permit drawings. • Dave Timpy requested NCDOT provide the community type for wetland and stream impacts. • Bill Arrington asked NCDOT to add "Coastal Wetlands" to the Wetland Permit Impact Summary Sheets. Sites 1, 2, and 4 are the only locations of coastal wetlands. • ONE will include a note in the permit application that rip rap at the ends of pipes in wetlands will be considered as permanent fill in wetlands. • Max Price asked if there would be any objections to audio tape future 4c meetings. There were no objections. R-2245, 4C Meeting April 20, 2005 Page 3 of 8 Site Mans: (The 8.Sin x llin site maps created with the USGS quad maps used as a background): Dave Timpy requested a north arrow be placed on the four sheets. Applicable Permit Plan Sheets: Dave Timpy requested tributaries crossed by the project be named and if the trib is unnamed, show on the plans the name of the first named tributary downstream. Plan Sheet 4: Dave Timpy requested the overall length and elevation of the existing bridge over the Davis Canal be provided on either the permit drawings or the narrative. For Sites 1 and 2, change the impact from mechanized clearing, which used a 10' offset width from the toe of slope, to "Hand Clearing". Decrease the offset from 10' to 5', as measured from the toe of slope. Max Price requested clarification on the impact of keying in rip rap. The question: How is it measured? Should it be measured as an excavation in wetland and a permanent fill in wetland? Or, should the entire area, including the area keyed in, be tabulated as a permanent fill in wetland? The answer: Tabulate the final configuration. In this case, provide an area of fill in the wetland. Include the area keyed in. Plan Sheet 7: Max Price explained relocating of the existing timber bulkhead on the southern bank of the Intracoastal Waterway will be required, due to the interference of the complex pile group with the bulkhead. The new bulkhead will be shown in the final permit drawings in plan and cross section. Plan Sheets 8-9: Dave Timpy requested Max Price to check and verify the area of impact for Site 6. Dave calculates the area near to 0.8 acres as opposed to the 1.321 acres shown in the tables. There was much discussion between several parties about the location of the access roads and whether or not they were to be "right in, right out" designs. It was resolved the design as shown on the plans met the commitments. The southern access point provides a full at-grade intersection with access points on both sides of the project route. The northern access point, located on the east side of the alignment, uses a "right in, right out" design. Two turn-around points are provided for this access point which will allow access for emergency vehicles while maintaining the "right in, right out" design. Also, Allen Pope stated that DOT will not build a road within the access point areas. If a developer builds a road within the DOT Right of Way, it will be at his expense and by an encroachment permit. Plan Sheet 12: Max Price discussed the issue of reconnecting the two wetland areas which are now divided by a logging road. Max stated it would be unfeasible to rejoin the two wetlands. The wetland on the eastern side of the road alignment is lower than the one on the western side, but the USGS quad map shows the water should flow from the east to the west. Recreating the R-2245, 4C Meeting April 20, 2005 Page 4 of 8 flow pattern would require filling the eastern side, thus burying the wetland. It would also disrupt the existing drainage pattern, which has been well established over a number of years Small animal passage pipe installation was discussed and it was agreed to backfill the pipes as they are installed. Backfill with soil to a depth of one foot throughout the entire length of the pipes. Joe Blair requested the plans and permit drawings include a note, in large type, stating this requirement. Plan Sheet 16: Travis Wilson requested changing the equalizer pipe at Sta 179+00 to a small animal passage pipe. Plan Sheet 17: Chris Militscher requested an equalizer pipe be placed within the wetland at Site 22. Plan Sheet 18: Travis Wilson requested the equalizer pipes at stations 206+00 and 209+90 be relabeled as "Small Animal Pipe." As with the other small animal pipes, label it to be backfilled with one foot of soil and buried one foot. Dave Timpy requested a reference note describing the extents of the wetlands. Plan Sheet 19: For Sites 26 and 28, change the notation from "Mechanized Clearing" to "Hand Clearing." Plan Sheet 20: Dave Timpy and Chris Militscher requested an additional equalizer pipe reconnect Sites 29 and 30. Chris asked if the DI at station 233+00 could be piped to an upland area rather than to the wetland as currently designed. Ray Lovinggood will investigate and make the change, if possible. Plan Sheet 21: There was much discussion about the drawdown effect to the wetland on the right side of -Y7- and the left side of -L- at Site 32. While it appears the existing ditch along the south (right) side of-Y7- (NC-211) has no drawdown effect, the team members agreed to determine the impact caused by the proposed project according to Dr. Wayne Skaggs methodology and account for the drained wetlands in the permit summary table. Plan Sheet 23: The culvert shown on the permit drawings and roadway plan sheets is not the final design. After the permit drawings were mailed out, additional work ensued on designing a replacement culvert that can be built with staged construction. The staged construction will permit continuous two-way traffic through the project area. The final design will show a culvert with a longer length than what was shown on the drawings at this meeting. The final permit drawings will reflect the new culvert design and its impacts. Carolina Bays, 10' conservation easement, and Animal Passage Easements NCDOT is working on purchasing the two Carolina Bays. It is the opinion of the North Carolina Attorney's General Office that for the bays to be acquired by NCDOT, they must be purchased R-2245, 4C Meeting April 20, 2005 Page 5 of 8 and not condemned. In order to purchase, the current owner must be a willing seller and the property must have a "fair market" value. The 200' buffer for the Carolina Bays would be pursued as an "incidental purchase" to the Carolina Bays. There was much discussion about the ability to condemn or not condemn. According to Fred Lamar of the AG office, condemnation for mitigation has not been done before. NCDOT does not have the authority. NCDOT can not condemn for offsite mitigation and this aspect of the project is similar to offsite mitigation. Nikki Thomson and Dave Timpy stated it was not mitigation but "avoidance and minimization." Representatives from NCDOT countered stating the alignment did avoid the bays and acquiring them would be for mitigation. A question was asked if NCDOT would be allowed credit for the bays and the answer was yes, at a ratio of 10:1. Then, Robert Hanson stated if there is a willing seller, a fair market price, and NCDOT is allowed credits, NCDOT will purchase the bays. He asked Nikki Thomson if it would be acceptable to purchase the bays if the 200' buffer around the exterior of the bays could not be bought and the answer was "yes." Nikki Thomson clearly stated that if the bays are not purchased, there will be no permits issued for the project. Robert Hanson stated the verbiage in the concurrence points and Record of Decision was different and did not state the purchase was mandatory, but that NCDOT "...will make every effort to acquire the two Carolina bays on each side of the road plus 200 feet around each bay..." Fred Lamar discussed the 10' conservation easement. He stated the legal opinion is that NCDOT cannot purchase this land outside of the roadway right of way then transfer the property to a third party. Options for maintaining an unbroken right of way along the project were presented by Art McMillan. They are: • Label the roadway plans (and permit drawings) with a special label for the Right of Way line /Controlled Access lines. • Make a provision of the permit that states any request to break the C/A fence and install a new access road will be denied by NCDOT. • Link the requirements for refusal of all encroachment agreements with permits. • Provide a Memorandum of Agreement (MOA) between NCDOT, DENR, USACE, and DCM. Subsequent from the meeting, the following note has been added to the plans and is in the review process as these minutes are being prepared. NO REVISIONS CAN BE MADE TO THE CONTROL OFACCESS WITHOUT APPROVAL OFNCDOT, DENR, AND USACE. Chris Militscher and others requested written proposals for the options. R-224, 4C Meeting April 20, 2005 Page 6 of 8 For the animal crossing easements, again, Fred Lamar and Robert Hanson stated NCDOT may not be able to fulfill this comment due to the policy. It wasn't clear if it was a policy or a legal issue. What may be possible is to tie the permit to the need for the animal crossing easement. Fred didn't have an answer if condemnation was available to acquire the land. Travis Wilson will write the permit conditions requiring granting of the permit will be tied to the purchase of the animal access easements. He stated that if the bays can't be purchased, then there would be no need for the animal access easements. The last item discussed during the meeting was a contingency plan. If the Carolina bays can't be bought, or if the 200' easement around the bays can't be purchased, or the animal access easement can't be bought, what is the contingency plan? It was noted the Record of Decision does not have a contingency plan and Alternative "B", the selected alternative, is the only option available. 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