20070047 Ver 1_More Info Received_20070216

Attention: Jim Gregson
District Manager
STATE OF NORTH CAROLINA
DEPART OF TRANSPORTATION
MICHAEL F. EASLEY LYNDO TIPPETT
GOVERNOR
SECRETARY
January 8, 2007 O ~ ~ o
N. C. Dept. of Environment and Natural Resources
Division of Coastal Management-Wilmington District ~ ~ ~ ~ ~ ~ i
127 Cardinal Drive Ext. it
Wilmington, NC 28405-3845 JAN 9 2007
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Subject: Amended application for LAMA Major permit for Second Bridge to Oak
Island, Brunswick County, State Project No. 8.2231201, Federal Aid No. STP-
1105(6), TIP R-2245, WBS Element 34407.1.1, Brunswick County.
Dear Mr. Gregson:
On August 30, 2006 the North Carolina Department of Transportation (NCDOT) submitted an
application to construct a roadway on new location in Brunswick County, known as the second
bridge to Oak Island. The NCDOT would like to submit the following information to supplement
the previously submitted application. Included in this letter is 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)
revised permit drawings, (4) and a set of revised half size roadway plans.
Summary of Current Access Point History and Location
The following project commitments regarding control of access were agreed to by the merger team
during concurrence point 4A meeting on November 19, 2003 and were included in the Final
Environmental Impact Statement dated April 30, 2004.
• The project will have two access points between NC 211 and the new bridge over the AIWW.
The northern access point (ACC 3) will be located approximately 5,700 feet from the southern
right-of--way of NC 211. ACC 3 will be a right-in/right-out only intersection on the eastern side
with no break in the median. The southern access points (ACC 1 and ACC2) 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.
• 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.
NC DEPARTMENT OF TRANSPORTATION
PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS
1$98 MAIL SERVICE CENTER
RALEIGH NC 27699-159$
TELEPHONE: [phone]
FAX: [phone]
WEBSITE: WWW.NCDOT.ORG
LOCATION:
2728 CAPITOL BOULEVARD
SUITE 240
RALEIGH NC 27699

On April 11, 2006 a revised Concurrence Point 4A Merger Meeting was held at the Highway
Building. The following revisions to project commitments regarding control of access were agreed
upon by the Merger Team.
~ Provide full control of access from NC 211 to the Intracoastal Waterway, except at the following
street access points: -L- Station 79+50 (Full Movement, ACC 1 and 2), -L- Station 191+45
(Right-in/Right-out Only, ACC 3), and approximately -L- Station 151 +55 (Right-in/ Right-out
Only, ACC 4). NCDOT will 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. 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 1,000 feet long.
~ 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.
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 property 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
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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 crossing of land on which the USACE holds a perpetual easement for maintenance of the
AIWW. During the meeting the USACE informed the NCDOT that construction of the bridge over
the A1WW and the mainline roadway through the USACE land is acceptable. However, the USACE
informed the NCDOT that construction of ACC 1 across USACE land is not acceptable.
On October 31, 2006, afollow-up meeting was held with NCDOT and the USACE regarding
additional alternatives for ACCT on October 31, 2006. Two additional alternatives to the design and
location of ACC 1 were 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
USAGE land were still too large. Therefore, NCDOT and the USAGE determined that the
elimination of ACC 1 was necessary and a gated driveway that allowed USAGE access to the land
would be required.
On November 16, 2006 a meeting was held with the merger team regarding changes to ACC3 and
ACC 1. The team was informed that due to the conflicts mentioned above with the USAGE
Navigation Branch, ACC 1 will be eliminated. Due to the elimination of this access point the
NCDOT requested authorization to modify Access Point 3 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.
Waters of the U.S.
Permanent wetland impacts at Site 22 have decreased from 1.657 to 1.557 acres and hand clearing
impacts have increased from 0.230 to 0.279 acre as a result of changing the right-in, right-out access
point to full movement.
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 between NCDOT and adjacent landowners regarding acquisition of
conservation easements are included with this letter. Copies of the easement documents that will be
signed when surveys are finalized are also included with this letter.
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