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HomeMy WebLinkAbout20041100 Ver 1_Complete File_20040615Re: B-3445 Currituck County ,*0 t Subject: Re: B-3445 Currituck County From: Brian Wrenn <brian.wrenn@ncmail.net> Date: Mon, 20 Mar 2006 10:02:14 -0500 To: Chris Rivenbark <civenbark@dot.state. nc.us> ob C? >2 YSy U Chris, The email below is sufficient for the proposed action of leaving the sheeting in place on the north side of the bridge. As long as the impacts do not change, DWQ will not require a formal modification of the WQC. However, if the proposed actions do result in an increase in impacts, DWQ will require a formal modification request. If you have any questions, please let me know. Thanks. Brian Chris Rivenbark wrote: AID No. 199910718 CAMA permit No. 132-04 I spoke with each of you about this project yesterday (March 16, 2006). The information below summarizes the changes that we discussed. Additionally, the CAMA permit does not have an expiration date however the 404 will expire on August 13, 2006 (2 years from the date of the cover letter). Due to delays in letting the project, we would also like to request a renewal for the 404. Permit drawing sheet 4 of 9 a note was made stating that the sheeting on the north side of the bridge over Corey's Ditch is to be removed and sheeting on the south side is to be retained. Upon site inspection, large scours in the bay area (north side) have been recorded due to large Noreasters coming in. To avoid further scouring damage, the Division's recommendation, based on the history at this site, has been to keep the sheeting on the northside in place but lower it to 2 feet above MSL to minimize the erosional effects of these powerful storms. Permit drawing 7 of 9 shows sheeting (sheet piling) along the toe of slope adjacent to rock plating. The rock plating is needed but this portion of sheeting is no longer proposed. All proposed impacts associated with installation of the sheetings have been figured in the original permits (8/13/04 & 9/3/04) and remain as permitted. 1 of 2 3/20/2006 5:16 PM Re: B-3445 Currituck County 0- If this email is not sufficient for this request please let me know and we will send a formal request. Please contact me if you have any questions and thank you in advance with your help in this matter. Chris Rivenbark Eastern Regional Manager Project Management Group PDEA Natural Environment Unit N.C. Department of Transportation (919)715-1460 2 of 2 3/20/2006 5:16 PM [Fwd: [Fwd: B-3445]] ^, I M Subject: [Fwd: [Fwd: B-3445]] From: Chris Rivenbark <crivenbark @dot. state. nc. us> Date: Mon, 20 Mar 2006 09:53:20 -0500 To: Brian Wrenn <Brian.Wrenn@ncmail.net> Brian This is the email from Christina about this project. Unless I hear otherwise I'll assume this is still valid. Thanks for your help. Chris Rivenbark Eastern Regional Manager Project Management Group PDEA Natural Environment Unit N.C. Department of Transportation (919)715-1460 Subject: [Fwd: B-3445] From: "Cheryl L. Gregory" <clgregory @dot. state. nc. us> Date: Mon, 20 Mar 2006 09:23:11 -0500 Subject: Re: B-3445 From: Christina Breen <christina.breen@ncmail.net> Date: Mon, 01 Aug 2005 15:59:29 -0400 To: "Cheryl L. Gregory" <clgregory @dot. state. nc. us> CC: william.j.biddlecome@usace.army. mi1, Lynn.Mathis@ncmail.net, "Marshall W. Clawson PE" <mclawson@dot. state. nc.us> I am fine with these changes provided that no new additional impact occurs, that downstream water quality is not impaired by the activities and that the Corps and DCM also agree with the changes. Please be sure to show these changes on the final "as builts" and supply DWQ with 2 copies for our files. Also, keep this email as proof of our discussion and DWQ's concurrence with your assessment. Thanks. 1 of 2 3/20/2006 5:15 PM [Fwd: [Fwd: B-3445]] Cheryl L. Gregory wrote: Dear Madam & Sirs, On plan drawings (sheet 4 of 9) for TIP B-3445 (permit action ID No. 199910718 CAMA 132-04) a note was made stating that the sheeting on the north side of the bridge over Corey's Ditch is to be removed and sheeting on the south side is to be retained. Upon site inspection, large scours in the bay area (north side) have been recorded due to large Noreasters coming in. To avoid further scouring damage, Division's recommendation based on the history at this site has been tokeep the sheeting on the north side in place but lower it to 2 feet above MSL to minimize the erosional effects of these powerful storms. All impacts associated with installation of the sheetings have been figured in the original permits (8/13/04 & 9/3/04) no additional impacts will be accrued. Please see the attached referenced plan sheet with the note highlighted for your convenience. If you have any questions please contact Ms. Cheryl Gregory (NEU) or Mr. Marshall Clawson, P.E. (Hydraulics). Thank you. Christina Breen Environmental Specialist II NC Division of Water Quality Transportation Permitting Unit 2321 Crabtree Blvd., Suite 250 Raleigh, NC 27604-2260 Telephone: (919) 733-9604 Fax: (919) 733-6893 Cheryl L. Gregory <clgregory @dot. state. nc. us> Environmental Specialist Project Devlopment & Environmental Analysis 2 of 2 3/20/20( 08-16-'04 11;16 FROM-DENS-EEP 9197152219 T-424 P02 U-904 A74 NCDENR North Carolina Department of Environment and Natural Resources Michael F, Easley, Governor May 18, 2004 (Revised August 11, 2004) Mr. Bill Biddlecome US Army Corps of Engineers Washington Regulatory Field Office Post Office Box 1000 Washington, North Carolina 27889-1000 Dear Mr. Biddlecome: William G. Ross Jr., Secretary Project: Bridge Replacement over Corey's Ditch, NC 615 TIP#: B-3445 County: Currituck Co., Southern Outer Coastal Plain Eco-Region The purpose of this letter is to notify you that the Ecosystem Enhancement Program (EEP) will provide mitigation for the 0.185 acres of unavoidable coastal marsh wetlands impacts associated with the above referenced project. The subject project is listed in Exhibit 2 of 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 dated July 22, 2003; however, EEP intends to provide coastal marsh wetland mitigation assets up to a 2:1 ratio in Cataloging Unit 3010205 of the Pasquotank River Basin if you have any questions or need additional information, please contact Ms. Beth Harmon at (919) 715-1929, Sincerely, William D. Gilmore, P.E. Transition Manager cc: Phil Harris, Office of Natural Environment, NCDOT John Hennessy, Division of Water Quality, Wetlands/401 Unit File: B-3445 (Additional) NC DENR Ecosystem Enhancement Program 1652 Mail Service Center, Raleigh, North Carolina 27699-1652 Phone: 919-715-14131 FAX, 919-715-22191 Internet: h2o.enr.state.nc.us/wrp/ One NorthCaro ina Natura4 AUG-16-2004 MON 09:50 TEL:9197336893 NAME:DWO-WETLANDS P. 73 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON. NORTH CAROLINA 28402-1890 REPLY TO ATTENTION OF: August 13, 2004 Regulatory Division Subject: Action ID No. 199910718 and Nationwide Permit No. 23 (Approved Categorical Exclusions) Dr. Gregory J. Thorpe, Ph.D. WETLANDS 1401 GROUP Environmental Management Director, PDEA N.C. Department of Transportation AUG 1 7 2004 1548 Mail Service Center Raleigh, North Carolina 27699-1548 WATER QUALITY SECTION Dear Dr. Thorpe: Reference your Categorical Exclusion Document, dated July 2000, and your subsequent correspondences dated May 11, 2004, and August 3, 2004, for the replacement of Bridge No. 7 over Corey's Ditch, Federal Aid Project No. BRZ-615 (1), State Project No. 8.1040601, T.I.P. No. B-3445, Currituck County, North Carolina. The stated purpose of the project is to replace the currently functionally obsolete and structurally deficient bridge with new safer and more efficient bridge. The preferred alternative involves staged, simultaneous construction and will adversely impact .185 acres of wetlands and .13 acres of open waters adjacent to N.C. Highway 615 and Corey's Ditch. For the purposes of the Corps of Engineers Regulatory Program, Title 33, Code of Federal Regulations (CFR), Part 330.6, published in the Federal Register on November 22, 1991, lists nationwide permits. Authorization pursuant to Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act, was provided for activities undertaken, assisted, authorized, regulated, funded or financed, in whole or part, by another Federal agency or department where that agency or department has determined, pursuant to the CEQ Regulation for the Implementing the Procedural Provisions of the National Environmental Policy Act, that the activity, work or discharge is categorically excluded from environmental documentation because it is included within a category of actions which neither individually nor cumulatively have a significant effect on the human environment, and the Office of the Chief of Engineers has been furnished notice of the agency's or department's application for the categorical exclusion and concurs with that determination. Review of this project indicates that the construction of the new bridge will adversely impact 0.112 acres of coastal wetlands, 0.073 of fresh-water wetlands and 0.13 acres of surface waters. The wetland and surface water impacts are from the increased approach roadway fill needed for the proposed bridge structure. The new bridge will provide wider road shoulders on both sides of the new structure for safety. Your work is authorized under Nationwide Permit 23, Categorical Exclusion, provided it is accomplished in strict accordance with the enclosed Nationwide Permit Conditions and the following special conditions: a. Compensatory mitigation for the unavoidable impacts to 0.185 acres of wetlands associated with the proposed project shall be provided by the Ecosystem Enhancement Program (EEP), as provided for by the acceptance letter dated May 18, 2004, from William D. Gilmore, EEP Transition Manager. The EEP will provide 0.112 acres of coastal marsh wetland restoration and 0.073 acres of fresh-water emergent marsh wetland restoration in Hydrologic Cataloging Unit 03010205. The NCDOT shall, within 30 days of the issue date of this permit, certify that sufficient funds have been provided to EEP to complete the required mitigation, pursuant to Paragraph V. of the MOA. b. To restore hydrology to a more natural state between the Great Marsh and the Back Bay, NCDOT will install 36" aluminum equalizer pipes buried 1 foot under North Carolina Highway 615 at six locations and replace existing pipes at two other locations. c. To avoid adverse impacts to spawning populations of fish, anadromous and resident species at the project site, NCDOT will follow the "Stream Crossing Guidelines for Anadromous Fish Passage." d. To avoid adverse impacts to spawning populations of fish species at this project site, no in-water work will be conducted between March 31 and September 30. For the purpose of this moratorium, in water is defined as those areas that are inundated at mean high water. e. Bridge deck drains will not discharge directly into Corey's Ditch and will not be located water-ward of the riprap alignment under the bridge. f. No bridge demolition debris or excavated or fill material will be placed at any time, in any wetlands or surrounding waters, outside of the alignment of the fill area indicated on the work plans. g. The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands are not authorized. h. All excavated materials will be confined above normal high water and landward of regularly or irregularly flooded wetlands behind adequate dikes or retaining structures to prevent spillover of solids into any wetlands or surrounding waters. i. The fill material will be clean and free of any pollutants except in trace quantities. Metal products, organic materials, or unsightly debris will not be used. j. All measures will be taken to avoid any temporary fill from entering into Corey's Ditch from bridge demolition. Bridge demolition shall follow NCDOT best management practices for construction and maintenance activities dated August 2003 and incorporate NCDOT policy entitled "Bridge Demolition and Removal in Waters of the United States" dated September 20, 1999. k. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill, or mechanized land-clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands, or any activities that cause the degradation of waters or wetlands, except as authorized by this permit, or any modification to this permit. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. There shall be no excavation from, waste disposal into, or degradation of, jurisdictional waters or wetlands associated with this permit without appropriate modification of this permit, including appropriate compensatory mitigation. This prohibition applies to all borrow and fill activities connected with this project. 1. To ensure that all borrow and waste activities occur on high ground and do not result in the degradation of adjacent wetlands and streams, except as authorized by this permit, the permittee shall require its contractors and/or agents to identify all areas to be used to borrow material, or to dispose of dredged, fill, or waste material. The permittee shall provide the USACE with appropriate maps indicating the locations of proposed borrow or waste sites as soon as the permittee has that information. The permittee will coordinate with the USACE before approving any borrow or waste sites that are within 400 feet of any streams or wetlands. The permittee shall ensure that all such areas comply with condition (k) of this permit, and shall require and maintain documentation of the location and characteristics of all borrow and disposal sites associated with this project. This information will include data regarding soils, vegetation and hydrology sufficient to clearly demonstrate compliance with the preceding condition (k). All information will be available to the USACE upon request. NCDOT shall require its contractors to complete and execute reclamation plans for each waste and borrow site and provide written documentation that the reclamation plans have been implemented and all work is completed. This documentation will be provided to the Corps of Engineers within 30 days of the completion of the reclamation work. in. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions and any Corps approved modifications shall be available at the project site during construction and maintenance of this project. 3 n. To protect the West Indian Manatee, NCDOT will follow the "Guidelines for Avoiding Impacts to the West Indian Manatee, Precautionary Measures for Construction Activities in North Carolina Waters," prepared by the U.S. Fish and Wildlife Service. A copy of these guidelines is attached to the permit conditions. o. Any violation of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District, U.S. Army Corps of Engineers, within 24 hours of the violation. p. The permittee shall notify the United States Coast Guard when construction begins. q. The permittee will need to contact the U.S. Fish and Wildlife Service, Mackey Island Wildlife Refuge before construction commences to determine the need in obtaining a special use permit for the project. r. Failure to institute and carry out the details of special conditions a. - q., above, may result in a directive to cease all ongoing and permitted work within waters and/or wetlands associated with TIP No. B-3445, or such other remedy as the District Engineer or his authorized representatives may seek. This nationwide permit does not relieve you of the responsibility to obtain any required State or local approval. This permit will be valid for two years from the date of this letter unless the nationwide authorization is modified, reissued or revoked. Thank you for your time and cooperation. Questions or comments may be addressed to Mr. Bill Biddlecome, Washington Regulatory Field Office, Post Office Box 1000, Washington; North Carolina, 27889, or telephone 252-975-1616, extension 31. Sincerely, S. Kenneth Jolly Chief, Regulatory Division Enclosures Copies Furnished (without enclosures) Mr. John Dorney V Water Quality Section North Carolina Division of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1650 4 Mr. Travis Wilson Eastern Region Highway Project Coordinator Habitat Conservation Program 1142 I-85 Service Road Creedmoor, North Carolina 27522 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Ron Sechler National Marine Fisheries Service 101 Pivers Island Beaufort, North Carolina 28516 Mr. Chris Militscher U.S. Environmental Protection Agency Raleigh Office 310 New Bern Avenue, Room 206 Raleigh, North Carolina 27601 Mr. Steve Sollod Division of Coastal Management 1638 Mail Service Center Raleigh, North Carolina 27699-1638 Ms. Lynn Mathis Division of Coastal Management 1367 U.S. Highway 17 South Elizabeth City, North Carolina 27909 Mr. Tim Cooper Mackey Island NWR U.S. Fish and Wildlife Service PO Box 39 Knotts Island, North Carolina 27950 5 /, •.1 ?Ir 1 S"r:\ l'E of Nov,, l'I1 CAROLINA DEPARTMENT OF TR., INSPORTATION MICHAEL F. EASLEY LYNDo TIPPE17 Gtri'fR\(1R SrcRer.\RN* August 3, 2004 U.S. Army Corps of Engineers bti;ETl?lii,IDS / { Regulatory Field Office 01 GROUP Post Office Box 1000 Washington, NC 27889-1000 11111 1 09 2004 Attention: Mr. William J. Biddlecome NCDOT Coordinator Dear Sir: Subject: Proposed replacement of Bridge No. 7 on NC 615 over Corey's Ditch in Currituck County, NCDOT Division 1. Federal Project No. BRZ-615(1), State Project No. 8.1040601, WBS Element: 33065.1.1, TIP No. B-3445 Reference: Nationwide 23 application dated May 11, 2004. A field meeting was held on July 28, 2004 for the above-mentioned project. Attendees included: Lynn Mathis (N.C. Division of Coastal Management), Bob Capehart (NCDOT Division 1), Randy Midgett (NCDOT Resident Engineer's Office - Elizabeth City), David Otts (NCDOT Resident Engineer's Office-Elizabeth City), and Matt Haney (NCDOT Office of Natural Environment). This meeting was to look at the proposed equalizer pipe locations along NC 615 and discuss the add?.tional wetland impacts resulting from pipe installation. Ms. Mathis requested a typical drawing of pipe installation with rip rap treatment around the inlets and outlets. A standard drawing is attached. The width of rip rap that will be installed will be approximately 10 feet at each location. The rip rap would extend approximately 3 feet beyond the end of each pipe. Ms. Mathis also estimated the coastal and non-coastal wetland impacts resulting from pipe installation. The total additional coastal wetland impacts equal 0.002 ac. The total additional non-coastal wetland impacts equal 0.003 ac. The referenced permit application stated that 0.11 ac of coastal wetlands and 0.07 ac of non-coastal wetlands would be impacted. The new total for coastal wetland impacts equal 0.1 12 ac. The new total for non- coastal wetland impacts equal 0.073 ac. NCDOT proposes to mitigate for these additional impacts using EEP. A copy of'thc request letter is attached. MAILING ADDRESS: r i i I ,ru 91'1/1',•1 J; 1 1_0rAMtl: r1r, U, ;11-d"11 cif r:11.1'%;.,I.•r.' .', I A/ '9 /I', V," ;10;:'.? .,rr,i R, 1'."r:lA, ? :.?,•: i„ ,ir .. OVA 1; NCDCYr rcqucsts that the I n torilllt It'll provided in this letter :Intl the attachment is included into the rcterenccd permit application. Thank you for your assistance with this project. Ifyou have any questions or need additional information please call Matt Haney at (919) 715-1428. Sincerely WGregory J. Thorpe, Ph.D Environmental Management Director, PDEA cc: Mr. Doug Huggett, NCDCM Mr. Travis Wilson, NCWRC Mr. Ron Sechler, NMFS Mr. Mike Street, NCDMF Mr. Omar Sultan, Programming and TIP Mr. Greg Perfetti, P.E., Structure Design Mr. D.R. Conner, PE; Division 1 Engineer Mr. John Hennessy, DWQ, Raleigh Mr. Gary Jordan, USFWS Mr. Art McMillan, P.E., Highway Design Mr. Jay Bennett, P.E., Roadway Design Mr. David Chang, P.E., Hydraulics Mr. Mark Staley, Roadside Environmental Mr. Clay Willis, DIV 1 DEO 1 L ? O z i I . 0 c? - o 4 w tnz y \ O I + i I_ L 1 O f I 3 04 Q STATE OF NORTH CAROLINA DEPARTMENT OF TR INSPORTATION MICHAEL F. EASLEY LYNDO TIPPETT GOVERNOR SECRETARY August 2, 2004 Mr. William D. Gilmore, P.E. EEP Transition TManager Ecosystem Enhancement Program 1652 Mail Service Center Raleigh, NC 27699-1652 Dear Sir. Subject: Additional Request for Mitigation. Currituck County. Replacement of Bridge No. 7 over Corey's Ditch on NC 615. State Project No 8.1040601. TIP No. B- 3445. NCDOT Division 1. Federal Aid Project No. BRZ-615(1). Reference: EEP request letter dated April 22, 2004. EEP confirmation letter dated April 30, 2004. The North Carolina Department of Transportation (NCDOT) sent a letter to the North Carolina Ecosystem Enhancement Program (EEP) dated April 22, 2004 requesting that the EEP provide confirmation that you are willing to provide compensatory mitigation for the subject project. In this letter, we estimated that 0.18 acres of wetlands will be impacted. We have since realized that there is an additional 0.005 acre of wetland impact. Therefore, the wetland impacts total . 0.185 acre. This wetland impact will be to coastal marsh wetlands. We request that these impacts be included in the original request sent on April 22, 2004. Please send the letter of confirmation to Bill Biddlecome (USACE Coordinator) at U.S. Army Corps of Engineers Washington Regulatory Field Office (Post Office Box 1000 Washington, NC 27889- 1000). Mr. Biddlecome's FAX number is (252) 975-1399. In order to satisfy regulatory assurances that mitigation will be performed, the NCDCM requires a formal letter from EEP indicating their willingness and ability to provide the mitigation work requested by NCDOT. The NCDOT requests such a letter of confirmation be addressed to t'VIr. Doug Huggett of NCDCM, with copies submitted to NCDOT. If votl h;IVc at I\- Litlestions Ul' 11CCti ;ILfditional ill R 1-111,ItioII pIca.SC 0;111 1%, 1;Itt i-i;lllcN• It (()IQ) 7 15- 142S. Sinccrcly, GregoryJ. Thorpe, Ph.D., Environmental Management Director Project Development Environmental Analysis Branch cc: Mr. John Hennessy, Division of Water Quality Mr. Gary Jordan, USFWS Mr. Travis Wilson, NCWRC Mr. Bill Biddlecome, USACE Ms. Beth Harmon, EEP, Raleigh Ms. Cathy Brittingham, NCDCM D 4 North Carolina Department of Environment and Michael F. Easley, Govemor May 18, 2004 (Revised August 11, 2004) Mr. Bill Biddlecome US Army Corps of Engineers Washington Regulatory Field Office Post Office Box 1000 Washington, North Carolina 27889-1000 Dear Mr. Biddlecome: q [(Do Natural Resources William G. Ross Jr., Secretary WETLANDS 1401 GROUP AUG 1 9 2004 WATER QUALITY SECTION Project: Bridge Replacement over Corey's Ditch, NC 615 TIP#: B-3445 County: Currituck Co., Southern Outer Coastal Plain Eco-Region The purpose of this letter is to notify you that the Ecosystem Enhancement Program (EEP) will provide mitigation for the 0.185 acres of unavoidable coastal marsh wetlands impacts associated with the above referenced project. The subject project is listed in Exhibit 2 of 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 dated July 22, 2003; however, EEP intends to provide coastal marsh wetland mitigation assets up to a 2:1 ratio in Cataloging Unit 3010205 of the Pasquotank River Basin If you have any questions or need additional information, please contact Ms. Beth Harmon at (919) 715-1929. Sincerely, William D. Gilmore, P.E. Transition Manager cc: Phil Harris, Office of Natural Environment, NCDOT John Hennessy, Division of Water Quality, Wetlands/401 Unit File: B-3445 (Additional) NC DENR Ecosystem Enhancement Program One 1652 Mail Service Center, Raleigh, North Carolina 27699-1652 NorthCarofiina Phone: 919-715-14131 FAX: 919-715-2219 1 Internet: h2o.enr.state.nc.us/wrp/ Naturally s® North Carolina Department of Environment and Michael F. Easley, Governor April 30, 2004 (Revised - August 11, 2004) Mr. Gregory J. Thorpe, Ph.D., Manager, Project Development and Environmental Analysis Branch North Carolina Department of Transportation 1548 Mail Service Center Raleigh, NC 27699-1548 Dear Dr. Thorpe: Subject: Project: Bridge 7 over Corey's Ditch, NC 615 TIP Number: B-3445, Currituck County William G. Ross Jr., Secretary The purpose of this letter is to notify you that the Ecosystem Enhancement Program (EEP) will provide the additional compensation for the coastal marsh wetland impacts for the subject project. Based on the information supplied by you in the revised letter dated August 2, 2004, the impacts are located in CU 03010205 of the Pasquotank River Basin, and were increased by 0.005 acre. The revised total anticipated impact for this project is now 0.185-acre coastal wetlands. As stated in your letter, the subject project is listed in Exhibit 2 of 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 dated July 22, 2003. The EEP intends to utilize existing mitigation assets located within the above referenced cataloging unit. If you have any questions or need additional information, please contact Ms. Beth Harmon at 919-715-1929. Sincerely, William D. Gilmore, P.E. Transition Manager cc: Bill Biddlecome, USACE-Raleigh John Hennessy, Division of Water Quality, Wetlands/401 Unit File: B-3445 Additional NC DENR Ecosystem Enhancement Program One 1652 Mail Service Center, Raleigh, North Carolina 27699-1652 NorthCarofiina Phone: 919-715-14131 FAX: 919-715-22191 Internet: h2o.enr.state.nc.us/wrp/ ;VahlArallif Natural Resources DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: North Carolina Department of Transportation I' °i 1 n `) ,J 4 2. LOCATION OF PROJECT SITE: Bridge No. 7 on HWY 615, Knotts Island, in Currituck County. Photo Index: 2000: 200-2389 - K13 & 14, 1,11-13, M10 &11 1995: 200 *%D81401 19 & 20, L17-19, M 17 1989: Not Shown 1984: Not Shown State Plane Coordinates. X. 2 764 000 Y: 55 200 GRp?P 3. INVESTIGATION TYPE: CAMA and Dredge/Fill J(/N 15 2004 Wq 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit -March 25, 2004' QUAC/rystC Was Applicant Present - No T/OIL Bill Arrington and Ed Harrell met on site with NCDOT prior to my involvement. 5. PROCESSING PROCEDURE: Application Received - Complete May 20, 2004 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Currituck County Land Classification From LUP - Conservation (B) AEC(s) Involved: Estuarine and Public Trust Water, Estuarine Shoreline, and Coastal Wetlands (C) Water Dependent: Yes (D) Intended Use: Public (E) Wastewater Treatment: Existing - N/A Planned - N/A (F) Type of Structures: Existing - Bridge Planned - Replacement bridge, replace two culverts and install six new culverts (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands: CW 3,049sf 4,792sf (B) Non-Vegetated Wetlands: 5,662sf Shading by Bridge: PT, EW 4,370sf (C) Other: High Ground Excavated under bridge: ES 2,000sf Total Area Disturbed: 19,873sf (E) Primary Nursery Area: No (F) Water Classification: SC Open: No PROJECT SUMMARY: The Department of Transportation proposes to replace bridge No. 7 along NC 615 in Mackay Island National Wildlife Refuge, over Corey's Ditch, on Knotts Island, Currituck County. The project includes the replacement of two existing culverts and the installation of six new culverts along the same section of road within the refuge. North Carolina Department of Transportation Corey's Ditch Bridge Replacement Page 2 ITE DESCRIPTION Knotts Island, in Currituck County is a unique community accessible by ferry or by traveling through the State of Virginia's Pungo area along NC 615. The only road onto the island is referred to as the "Marsh Causeway," which was constructed through coastal marsh during the early 1900's. The road was created with dredge spoil taken from the adjacent man-made canals along road. Corey's Ditch, also a man-made canal has an average width of 105', and an average depthof four feet below normal water level (NWL). Water depths at the bridge are as much as 22' below NWL. Corey's Ditch passes through the Mackay Island National Wildlife Refuge, connecting North Landing River on the southwest side of the refuge and Back Bay on the north side; forming an island that extends south into Currituck Sound. According to the Categorical Exclusion Corey's Ditch is "typically characterized by low-velocity flow over an unconsolidated substrate." It would be more accurate to categorize the canal as having a moderate to a high-velocity flow, which would explain the extreme depths at the bridge where the ditch narrows, creating a venturi effect. No submerged aquatic vegetation is located in the area of the bridge; however, sparse amounts of Eurasian water milfoil can be found farther down canal. The velocity of water passing under the bridge at the opening of the canal is not conducive to the growth of aquatic vegetation. Adjacent Coastal Wetlands (marshes) are irregularly flooded bywind driven tides from the adjacent water bodies. According to Officials at Mackay Island, the marshes on the south side of the road are healthy, but lost a significant hydrological source when the causeway was constructed in the 1900's. Two existing culverts are located along the causeway east of the bridge to provide some hydrologic connection to Back Bay. The project area is completely within Mackay Island National Wildlife Refuge and is subject to a right-of- way permit issued by the United States Department of Interior. North Landing River and its tributaries are classified as joint waters by agreement between the Marine Fisheries Commission and Wildlife Resource Commission. Corey's Ditch, as a tributary of North Landing River, is classified as joint waters and falls within the Estuarine and Public Trust Water Areas of Environmental Concern (AECs). The adjacent marshes fall within the Coastal Wetland AEC, and the adjacent high ground within 75' of normal water level fall within the Estuarine Shoreline AEC. All work areas that fall within an AEC are subject to the rules established in the Coastal Area Management Act and the North Carolina Administrative Code. According to correspondence with the NC Department of Cultural Resources the bridge was constructed in 1936, and is of historical significance. No known archaeological sites are within the project area and no archaeological review was recommended. NC 615 is classified a "Rural Minor Collector" on the Statewide Functional Classification System, and is a designated bicycle route with a posted speed limit of 45 miles per hour. The bridge consists of a reinforced concrete slab on I-beams with a creosote piling support system. The original bulkheads located at the ends of the bridge were originally constructed with creosote timbers, but have since been reinforced with metal sheet piles. Existing wooden pilings have been cut at the surface of the water under the bridge from previous repairs. While the original construction date for the bridge is 1936, in 1980 two four-foot wide walkways were constructed on the north and south side of the bridge for recreational fishing. The road was widened on either side of the bridge to allow for parking for recreational fishing. The height of the bridge is less than two feet above normal water level. North Carolina Department of Transportation Corey's Ditch Bridge Replacement Page 3 Coastal Wetlands containing a low diversity of species including narrow-leaved cattail (Typha angustifolia), black needlerush (Juncus roemerianus), spike grass (Distichlis spicata), salt meadow cordgrass (Spartina patens), and giant cordgrass (S. cynosuroides) are found adjacent to Corey's Ditch and the "causeway." Vegetation along the roadside includes, but is not limited to, dandelion (Taraxacum officinale), foxtail grass (Setaria geniculata), seaside goldenrod (Solidago sempivirens), broomsedge (Andropogon virginicus), clover (Trifolium repens), vetch (Vicia angustifolia) and vasy grass (Paspalum urvillei). The adjacent marshes are within the Coastal Wetland AEC, and as such, subject to the rules established in the Coastal Area Management Act and the North Carolina Administrative Code. The existing bridge is 95' in length and has a deck width of 25.2' wide. Navigation clearance under the bridge is approximately 2' above normal water level, with water depth as much as 22' below normal water level. The bridge runs in an east/west direction and is bounded on the north and south by water, and Mackay Island National Wildlife Refuge borders the adjacent right-of-way. Due the proximity of the bridge to a National Wildlife Refuge there is no development in the area. Other than the existing bridge the only other structure within the project area is riprap along the shoreline at Back Bay and adjacent to the bridge abutments. PROJECT DESCRIPTION NCDOT proposes to replace Bridge #7 over Corey's Ditch on Knotts Island. Replacement of the bridge will be along the same alignment. The length of the bridge will be increased from95' to 170', and the width will be increased from 25.2' to 36'. The bridge width will include two 12' lanes, 6' shoulders on each side and 5' pedestrian walks on each side of the bridge for a total of 46'. The substrate under the existing bridge will be undercut with riprap plating for erosion control. Based on the proposed undercut, approximately 2,000 square feet of high ground will be excavated. No temporary bridge is proposed during the construction of the proposed bridge. During construction, a single lane will be maintained for the passage of vehicles. NC 615 is the only vehicular access to the island. A detour would not be reasonable and would limit vehicular access to the island via the Knotts Island Ferry next to the Currituck Courthouse on the mainland. Shoreline stabilization anticipated along the approach to the bridge and under the bridge is estimated to be 715', extending an average of 7' and a maximum of 14', waterward of normal water level. Installation of riprap along the shoulders of the widened road will require undercutting the road at a 2:1 slope with back fill and riprap over to an average elevation of 2.5' with a slope of 3:1. Fill material will be brought on- site from approved barrow pits, and the spoil material from the undercut areas will be taken off-site to the barrow pits for storage. According to the application Form MP-2, approximately 390 cubic yards of riprap will be placed along the road and shoreline. Estimates, based on a minimum depth of 2.5' indicate that riprap fill to be closer to 364 cubic yards. Existing riprap along the project area extends approximately 10' waterward of normal water level. Steel sheet piles are proposed along the perimeter of the bridge approach and around each bridge abutment. Berm gutters are also proposed on either side of the bridge. It is estimated that 7,841 square feet (0.18 acres) of wetlands will be filled in conjunction with the construction of the proposed bridge approach. Approximately 4,792 square feet (0.11 acres) of the wetland fill will be Coastal Wetlands. In addition, approximately 5,662square feet (0.13 acres) North Carolina Department of Transportation Corey's Ditch Bridge Replacement Page 4 of Estuarine and Public Trust Waters will be filled in conjunction with the roadway approach to the bridge. It is anticipated that the Ecological Enhancement Program (EEP) will assume responsibility for establishing the mitigation requirements for the proposed wetland fill. Enclosed in the application packet is correspondence from the Department of Transportation to the EEP Transition Manager, William Gilmore, requesting confirmation for compensatory mitigation. In conjunction with the planned bridge replacement the Department of Transportation has received a right-of-way permit from Mackay Island National Wildlife Refuge that states that seven culverts will be placed under NC 615 to enhance sheet flow and reduce the hydrologic pressure on Corey's Ditch. The seven culverts are to be a minimum of 36" and where possible shall be 48". The agreement also states hat the pipes are to be corrugated arched pipes, stabilized with riprap on the ends. Marshall Clawson, with NCDOT's Hydraulic Unit has indicated that there will be no water or wetland disturbance in conjunction with the installation of the new culverts and that all work will be maintenance within the existing right-of- way. The application and plans show that only six new culverts will be installed by NCDOT. Two existing culverts will also be replaced under the road and will not involve water or wetland disturbance. However, the existing pipes have a continuous flow from the wetlands on the south side of NC 615 and the adjacent water body on the north side of the road. The replacement of the pipes could be undertaken with CAMA General Permits. The existing speed along NC 615 is 45 miles per our, the design speed for the road once the bridge has been replaced will be 55 miles per hour. The bridge approach will be widened on the east and west sides to accommodate parking for recreational fishing from the bridge pedestrian walkways. The height of the bridge will be increased from the existing height of approximately 2' to 5' according to the cross section drawings submitted. During the initial planning phase, the County of Currituck requested that the bridge height be increased to allow boats to access Back Bay from Corey's Ditch. Conversations with Department of Transportation Officials indicate that the height increase will be for the purpose of allowing inspections of the structure. In any event, it is important to note that the velocity of the waters at the entrance of the canal will present a hazard to small boats in addition to the use of the structure by recreational fishers within the navigable portion of the canal. Demolition The existing bridge shall be removed by non-shattering methods. According to the narrative, no component of the structure will dropped into the water unless it is proven that there is no alternative, and in any event it may only occur with the approval of the Division of Coastal Management. Best Management Practices will be implemented during demolition. ANTICIPATED IMPACTS The demolition of the bridge does not include the placement of material in the canal without proving a need and approval by the Division of Coastal Management. No information was submitted supporting a need to deposit demolition material into the adjacent water bodies. According to the Department of Transportation, the replacement and widening of the bridge will result in safer traffic operations along the travel path of the road. The improvements will also result in the speed limit being increased an additional ten miles per hour. North Carolina Department of Transportation Corey's Ditch Bridge Replacement Page 5 The replacement of the bridge will not have any known conflict with local planning or land use documents. The new structure will maintain current recreational fishing at the bridge and provide additional parking near the site. The bridge is located within a Flood Zone with a Base Flood Elevation of 6', the new structure will be elevated to 6' to reduce flooding along the approach and bridge during severe storm events. The elevation of the approach and bridge will not alleviate flooding along the causeway outside of the project area. The reconstruction of the bridge includes the removal of high ground under the existing roadway to allow improved flushing and to reduce the velocity of water entering the canal. It is anticipated that the placement of riprap within the area will reduce the possibility of erosion. While not specifically addressed in the application or plans the North Carolina Wildlife Resources Commission recommended that deck drains not discharge directly into the adjacent water body. During Concurrence Meeting with the Department of Transportation it was understood that deck drains will not be located waterward of the riprap alignment under the bridge. This would reduce the amount of runoff into the adjacent canal. The proposed work will produce a considerable amount of turbidity; using turbidity curtains adjacent to the work areas can control this disturbance. In addition the NCDOT will observe the in-stream construction moratorium from March 31' to September 30'h, established by the Division of Marine Fisheries. Two culverts would be replaced along NC 615 along with the installation of six new culverts according to the application. The culverts would be 36" to 48" in diameter. The desired impact from the replacement would be to enhance the flow of water from the adjacent water body to the coastal marshes on the south side of NC 615. The Wildlife Refuge has indicated that the placement of the pipe would also have the affect of reducing hydrologic pressure in Corey's Ditch. However, based on the proposed locations it appears that the introduction of the culverts would have a minimal affect on the hydrologic pressure in Corey's Ditch. . Based on the submittal of a Categorical Exclusion, it is anticipated that nosubstantial adverse impacts would result from the replacement of bridge #7 at Corey's Ditch. Submitted By: Lynn W. Mathis Date: June 3, 2004 NC DEPARTMENT OF TRANSPORTATION: BRIDGE NO. 7 Transfer pending NBS Element #330651.1.1 DCM % DWQ % Development Type FEE 143001601 4351000931625 6253 24300 1602 435100095 2341 1. Private, non-commercial development that does not Involve $250 100%(S250) ` 0%($0) the filling or excavation of any wetlands or open water areas: Ii. Pubfic or commercial development that does not involve the filling or 5400 100%($400) 0%($0) excavation of any wetlands or open water areas: 111. For development that Involves the filling and/or excavation of up to 1 acre of wetlands and/or open water ; areas, determine if A. B, C, or D below applies: III(A). For private, non-commercial development, If General water Quality $250 100%($250) 0%($0) Certification No.3301 (see attached) can be applied: III(B): For public or commercial development, if General water Quality 5400 100%(S400) 0%($0) Certification No.3301 (see attached) can be applied: Water Quality III(C). If G7 Certification (see attached) N,..3301 could be applied, but DCM staff determined that additional review and $400 60%($240) 40%($160) written DWQ concurrence Is needed because of concerns related to water quality or aquatic life: III(D). If General Water Quality Certification No. 3301 (see attached) 5400 60%($240) 40%(S160) can not be applied: IV. For development that involves the filling and/or excavation of more 5475 60%(S285) 40% ($190) than one acre of wetlands and/or open water areas: 1 WETLANDS 1401 GROUP ySTAi[ a? JUN 1 5 2004 WATER QUALITY SECTION STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY LYNDo TIPPETT GOVERNOR SECRETARY May 11, 2004 N.C. Department of Environment and Natural Resources RECEIVED Division of Coastal Management MAY. 2 0 2004 1367 US 17 South Elizabeth City, NC 27909 COASTAL MANAGEMENT" ELIZABETH CITY Attention: Ms. Lynn Mathis District Manager Dear Madam: Subject: Application for CAMA Major Development Permit for the proposed replacement of Bridge No. 7 on NC 615 over Corey's Ditch in Currituck County, NCDOT Division 1. Federal Project No. BRZ-615(1), State Project No. 8.1040601, WBS Element: 33065.1.1, TIP No. B-3445 The North Carolina Department of Transportation (NCDOT) proposes to replace Bridge No. 7 over Corey's Ditch on NC 615. Bridge No. 7 will be replaced on the existing alignment with a new bridge approximately 170 feet in length and a cleared roadway width of 36 feet. The approaches will include two 12 foot lanes with 8 foot shoulders. Permanent impacts to coastal wetlands associated with this project include 0.11 acre of permanent fill. Permanent impacts to non coastal wetlands associated with this project include 0.07 acre of permanent fill. The bridge will be replaced in stages. A portion of the existing bridge will be demolished while maintaining, one-lane, two-way traffic on the remaining portion. This will allow the new structure to be partially constructed. Once the new structure is sufficient to allow one-lane, two-way traffic, the remainder of the existing structure will be removed and the remainder of the new structure constructed. NCDOT will adhere to a moratorium allowing no work in water during the period of March 31 through September 30 to protect anadromous fish. At the request of the U.S. Fish and Wildlife Service, equalizer pipes will be placed under NC 615 at six locations and existing pipes at two other locations are being replaced with larger pipes. The proposed aluminum pipes will be 36 in. in size. These pipes will be buried one foot. Permit drawing sheet 1 of 9 and plan sheet 5 shows the pipe locations. Please find enclosed copies of the Coastal Area Management Act (CAMA) permit application (MP1, MP2, and MP5), Categorical Exclusion (CE), permit drawings, half size plans, North Carolina Division of Water Quality Stormwater Permit, Guidelines for MAILING ADDRESS: NC DEPARTMENT OF TRANSPORTATION PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 1598 MAIL SERVICE CENTER RALEIGH NC 27699-1598 TELEPHONE: 919-715-1500 FAX 919-715-1501 WEBSITE: WWW.NCDOT.ORG LOCATION: 2728 CAPITAL BLVD PLB SUITE 16B RALEIGH NC 27604 r Avoiding Impacts to the West Indian Manatee, an EEP Request Letter, green cards from the Adjacent Riparian Land Owners, and a method of debiting $400 to be submitted to the DCM for processing the CAMA permit. According to Bridge Maintenance records, the sufficiency rating of the bridge is 31.5 out of a possible 100. The new bridge will provide wider road shoulders on either side of the structure which will increase the safety rating for the bridge. Corey's Ditch is located in the Pasquotank River Basin (Hydrological Cataloguing Unit 03010205) and classified by the Division of Water Quality as SC. Class SC refers to all tidal salt waters protected for secondary recreation such as fishing, boating and other activities involving minimal skin contact, aquatic life propagation and survival, and wildlife. Area of Environmental Concern (AEC): Affected AEC's include estuarine shorelines, estuarine waters, public trust areas, and coastal wetlands. An on-site field meeting was held on October 16, 2001. Attendees of this meeting include: Bill Arrington (NC Division of Coastal Management (DCM)), Ed Harrell (DCM), David Cox (NC Wildlife Resources Commission), Tom McCartney (US Fish and Wildlife Service (FWS)), Garland Pardue (FWS), and Kendall Smith (FWS, Mackay Island National Wildlife Refuge). This meeting addressed the following issues: Description of the proposed bridge replacement as compared to the existing bridge and discussion of the proposed parking areas. Construction techniques for the bridge replacement including placement of piles and how they are constructed, and what type of bridge will be constructed. - Concerns with wider vehicles crossing the bridge during the staged construction. Removal of the existing causeway and loose material (rip rap and broken concrete). March 31 through September 30 moratorium. Discussion of mitigation. PROPOSED IMPACTS TO WATERS OF THE UNITED STATES Bridge Demolition: Bridge No. 7 is 95 feet long and 25.2 feet wide. It has a reinforced concrete deck on steel I-beams with timber caps and piles. Best Management Practices for Bridge Demolition and Removal, which dictates that all existing structures over water be removed by non-shattering methods, will be followed during demolition and construction. Dropping any component of the bridge into the water is not acceptable unless it is proven that there is no feasible alternative. If components of the bridge are dropped into the water, coordination and approval with DCM will be required. Permanent Impacts: The permit drawings report wetland impacts of 0.18 acre of permanent fill. The permanent fill is due to the approach roadway fill for the proposed structure. There will be 0.11 acre of coastal wetlands impacted. In addition, there will be 0.13 acre of fill in surface water from the approach roadway fill for the proposed bridge structure. 3 PROTECTED SPECIES Threatened and Endangered Species: Plants and animals with federal classification of Endangered, Threatened, Proposed Endangered and Proposed Threatened are protected under provisions of Section 7 and Section 9 of the Endangered Species Act of 1973, as amended. As of January 29, 2003, the U.S. Fish and Wildlife Service (USFWS) lists 7 federally protected species for Currituck County. Habitat exists only for the threatened bald eagle (Haliaeetus leucocephalus). In a letter dated June 10, 2003, the USFWS concurred with the conclusion that this project is not likely to adversely affect the bald eagle. A copy of this letter is attached. Biological conclusions of "No Effect" for each of the remaining species are valid and are presented in the attached CE. • West Indian Manatee: The U.S. Fish and Wildlife Service has developed a list of "Precautions for the general construction in areas which may be used by the West Indian manatee in North Carolina." These precautions will be considered in all aspects of project construction (see attached precaution instructions). Essential Fish Habitat: The 1996 amendments to the Magnuson-Stevens Fishery Management and Conservation Act (MSFCMA) set forth a new mandate for the National Marine Fisheries Service (NMFS), regional fishery management councils (FMC) and other Federal agencies to identify and protect important marine and anadromous fish habitat. The FMCS, with the assistance from NMFS, have delineated "essential fish habitat" (EFH) for managed species. In the South Atlantic region, waterbodies in Currituck County are listed in which EFHs are found. Corey's Ditch is not a listed waterbody for EFHs. Therefore, the rules of the MSFCMA will not apply for this project. Ron Sechler of the National Marine Fisheries Service was contacted on April 29, 2004, and recommended that an EFH assessment not be done for this project. MITIGATION OPTIONS AVOIDANCE AND MINIMIZATION: Specific avoidance and minimization measures for this project include using a maximum slope of 3:1, replacing the existing bridge in its current location, installing equalizer pipes, and constructing the bridge in stages, which will allow for maintaining traffic on the existing bridge. COMPENSATION: This project will permanently impact a total-of-0.J-8 acre-of-non-coastal and coastal wetlands. Despite the minimization strategies employed for the proposed project, the resulting wetland impacts will be greater than 0.1 acre and will require mitigation. 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 4 Ecological Enhancement Program (EEP), will assume responsibility for satisfying the Section 404 compensatory mitigation requirements for NCDOT projects that are listed in Exhibit 1 of the subject MOA during the Ecological Enhancement Program (EEP) transition period which ends on July 1, 2005. Since the subject project is listed in Exhibit 1, the necessary compensatory mitigation to offset unavoidable impacts to waters that are jurisdictional under the federal Clean Water Act will be provided by the EEP (see attached letter to EEP). The offsetting mitigation will derive from an inventory of assets already in existence within the same Ecoregion and the same 8-digit cataloguing unit. We have avoided and minimized the impacts to jurisdictional resources to the greatest extent possible as described above. The remaining, unavoidable impacts to 0.18 acre of jurisdictional wetlands will be offset by compensatory mitigation provided by the EEP program. REGULATORY APPROVALS NCDOT requests that the proposed work be authorized under a Coastal Area Management Act Major Development Permit. NCDOT will also be applying for issuance of a United States Army Corps of Engineers NWP 23 and a section 401 Water Quality Certification from the North Carolina Division of Water Quality under a separate cover. A copy of this letter is attached. Thank you for your assistance with this project. If you have any questions or need additional information please call Matt Haney at (919) 715-1428. Sincerely Gregory . Thorpe, Ph.D Environmental Management Director, PDEA cc: Ms. Cathy Brittingham, NCDCM Mr. Bill Biddlecomb, USACE, Washington Mr. Travis Wilson, NCWRC Mr. Ron Sechler, NMFS Mr. Mike Street, NCDMF Mr. Omar Sultan, Programming and TIP Mr. Greg Perfetti, P.E., Structure Design Mr. D.R. Conner, PE; Division 1 Engineer Mr. John Hennessy, DWQ, Raleigh Mr. Gary Jordan, USFWS Mr. Art McMillan, P.E., Highway Design Mr. Jay Bennett, P.E., Roadway Design Mr. David Chang, P.E., Hydraulics Mr. Mark Staley, Roadside Environmental Mr. Clay Willis, DIV 1 DEO FORM DCM-MP-1 1. APPLICANT a. Landowner: PPr(% "L E APPLICATION MAY ? 0 2004 (To be completed by all applicants) 'VM LOAF I ZA L TNA? TMENT _ b. City, town, community or landmark Knotts Island NC I t- C."w"a) Name N .C Dept of Transportation Address 1548 Mail Service Center City Raleigh State NC Zip 27699-1548 Day Phone (919)733-3141 Fax (919) 733-9794 b. Authorized Agent: Name Address C. Street address or secondary road number NC 615 d. Is proposed work within city limits or planning jurisdiction? Yes X No e. Name of body of water nearest project (e.g. river, creek sound, bay) Back Bay, Corey's Ditch 3. DESCRIPTION & PLANNED USE OF PROPOSED PROJECT a. List all development activities you propose e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. Brid a Construction: Existin location over Corey's Ditch Ql??L' ?1 }7IGEtslQal City State Zip Day Phone b. Is the proposed activity maintenance of an existing project, new work, or both? Fax New Work C. Project name (if any) TIP. No. B-3445 C. Will the project be for public, private or commercial use? Public d. Give a brief description of purpose, use, Note: Permit will be issued in name of landowner(s), methods of construction and daily operations and/or project name. of proposed project. If more space is needed, please attach additional pages. Purpose: to replace degrading Bridge No. 7 over Corey's Ditch at the existing location to provide safer 2. LOCATION OF PROPOSED and more efficient traffic operations. PROJECT Methods of construction: Staged construction a. County Currituck Revised 03/95 FORM DCM-MP-1 m. Describe existing wastewater treatment facilities 4. LAND AND WATER n/a CHARACTERISTICS a. Size of entire tract 2.3 ac n. Describe location and type of discharges to b. Size of individual lot(s) n/a waters of the state. (For example, surface runoff sanitary wastewater, industrial/commercial c. Approximate elevation of tract above MHW effluent, "wash down", and residential or NWL 5.0 discharges.) Surface runoff d. Soil type(s) and texture(s) of tract see nQ 5 of the CE o. Describe existing drinking water supply source. e. Vegetation on tract n/a Marsh grass (see og 8&9 of the CE) t p lmg' t f.. ar rac Man-made features now on roadway, wood foot bridges on both along _ sides of the bridge 5 ADDITIONAL INFORMATION g. What is the CAMA Land Use Plan land classification of the site? (Consult the local land In addition to the completed application form, the use plan.) following items must be submitted: X Conservation Transitional Developed _ Community * A copy of the deed (with state application only) or - Rural Other other instrument under which the applicant claims title to the affected properties. If the applicant is not h. How is the tract zoned by local government? claiming to be the owner of said property, then Agriculture forward a copy of the deed or other instrument under - which the owner claims title, plus written permission i. Is the proposed project consistent with the from the owner to carry out the project. applicable zoning? X Yes _ No (Attach zoning compliance certificate, if applicable.) * An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale in black j. Has a professional archaeological assessment ink on an 8 1/2" by 11" white paper. (Refer to been done for the tract? X Yes No Coastal Resources Commission Rule 710203 for a If yes, by whom? SHPO detailed description.) k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes X No Are there wetlands on the site? X Yes _ No Coastal (marsh) X Other If yes, has a delineation been conducted? Yes (Attach documentation, if available) Please note that original drawings are preferred and only high quality copies will be accepted. Blue-line prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U. S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the d Revised 03/95 ORM DCM-MP-1 te. Include highway or secondary road (SR) umber, landmarks, and the like. A Stormwater Certification, if one is necessary. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Upon signing this form, the applicant further certifies that such notice has been provided. Name see sheet ofI of permit drawings Address Phone Name Address Phone Name Address Phone * A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. * A check for $ 0 made payable to the Department of Environmen alth, and Natural Resources (DEHNR) to cover the costs of processing the application. * A signed AEC hazard notice for projects in oceanfront and inlet areas. A statement of compliance with the N. C. Environmental Policy Act (N.C.G.S. 113A-1 to 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. I certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. -LAO+ I_, k9' This is the I ( day of _ 01cm-A _ QYV s Print Name -S Signature, _ Landown or Authorized Agent Please indicate attachments pertaining to your proposed project. X DCM MP-2 Excavation and Fill Information DCM MP-3 Upland Development DCM MP-4 Structures Information X DCM MP-5 Bridges and Culverts DCM MP-6 Marina Development NOTE: Please sign and date each attachment in the space provided at the bottom 1490kel) MAY 2 0 20 ill COASTAL IYANAGEMENT ELIZABETH CITY Revised 03/95 Form DCM-MP-2 EXCAVATION AND FILL (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Describe below the purpose of proposed excavation or fill activities. All values to be given in feet. Average Final Existing Project Length Width Depth Depth Access channel (MLW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shoreline stabilization) vu MAI '4 6 2u<< COASTAL B ENT ETH CITY 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards none, b. Type of material to be excavated _ c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? Yes X No d. High ground excavation in cubic yards None 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area upland area b. Dimensions of disposal area The contractor will be . responsible for the disposal area. c. Do you claim title to disposal area? Yes X No If no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? _ Yes No If yes, where? N/A Revised 03/95 EG aVt:u Form DCM-MP-2 e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes X No f. Does the disposal include any area in the water? Yes X No 3. SHORELINE STABILIZATION N/A a. Type of shoreline stabilization Bulkhead X Riprap b. Length 7151 c. Average distance waterward of MHW or?wp 7 ft d. Maximum distance waterward of MHW or iWl) 14 ft e. Shoreline erosion during preceding 12 months N/A (Source of information) f. Type of butkhead or riprap material Rock Plating_ g. Amount of fill in cubic yards to be placed below water level (1) Riprap 390 CY (2) Bulkhead backfill N/A h. Type of fill material Rock Plating i. Source of fill material Contractor will supply if needed. 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? X Yes No MAY 2. 0 2004 If yes, COASTAL MANAGEMENT ELIZABEITH Cl?i Y (1) Amount of materta to a placed in the water (2) Dimensions of fill area o.1?7 u? (3) Purpose of fill to fill with proper materials for road construction b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? X Yes No If yes, (1) Dimensions of fill area 0.192.ac, (2) Purpose of fill to fill with proper materials for road construction 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? silt fence sheet piling, inlet protection b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? backhoe bulldozer, crane c. Will wetlands be crossed in transporting equipment to project site? Yes X No If yes, explain steps that will be taken to lessen environmental impacts. NCDOT - TIP No. B-3445 Ican, or Project,Name ur C,I,% 1 C'4 Date Revised 03/95 Form DCM-MP-5 Sri BRIDGES AND EQAS"2ATV4 CULVERTS Attach this form to Joint Application for CAMA Major (4) Will all, or a part of, the existing culvert be Permit, Form DCM-MP-1. Be sure to complete all removed? (Explain) other sections of the Joint Application that relate to this proposed project. g. Length of proposed bridge 180 ft 1. BRIDGES h. Width of proposed bridge 40 ft a. Public X Private i. Height of proposed bridge above wetlands b. Type of bridge (construction material) 2.7 ft to 6.7 ft Concrete deck slab bridge with steel piles and post and beam bents j. Will the proposed bridge affect existing water flow? Yes X No C. Water body to be crossed by bridge If yes, explain Corey's Ditch d. Water depth at the proposed crossing at MLW or NWL 17 ft at mean tide level k. Navigation clearance underneath proposed bridge e. Will proposed bridge replace an existing bridge? Low chord raised 2.3 ft from existing bridge _X _ Yes No clearance will vary due to tidal influence If yes, 1. Will the proposed bridge affect navigation by (1) Length of existing bridge 96 ft reducing or increasing the existing navigable (2) Width of existing bridge 22 ft opening? X Yes No (3) Navigation clearance underneath existing If yes, explain will increase opening allowing bridge n/a small boat passage. (4) Will all, or a part of, the existing bridge be removed? (Explain) all Will proposed bridge replace an existing culvert(s)? Yes X No If yes, (1) Length of existing culvert (2) Width of existing culvert (3) Height of the top of the existing culvert above the MHW or NWL M. Will the proposed bridge cross wetlands containing no navigable waters? X_ Yes No If yes, explain proposed structure will cross existing wetlands south of the existing location n. Have you contacted the U. S. Coast Guard concerning their approval? X Yes No If yes, please provide record of their action. see Appendix of the CE Revised 03/95 Form DCM-MP-5 2. CULVERTS a. Water body in which culvert is to be placed b. Number of culverts proposed Type of culvert (construction material, style) d. Will proposed culvert replace an existing bridge? Yes No If yes, (1) Length of existing bridge (2) Width of existing bridge (3) Navigation clearance underneath existing bridge (4) Will all, or a part of, the existing bridge be removed? (Explain) e. Will proposed culvert replace an existing culvert? Yes No If yes, (1) Length of existing culvert (2) Width of existing culvert (3) Height of the top of the existing culvert above the MHW or NWL (4) Will all, or a part of, the existing culvert be removed? (Explain) f. Length of proposed culvert g. Width of proposed culvert h. Height of the top of the proposed culvert above the MHW or NWL Will the proposed culvert affect existing water flow? Yes No If yes, explain j. Will the proposed culvert affect existing navigation potential? Yes No If yes, explain 3. EXCAVATION AND F. a. Will the placement of the proposed bridge or culvert require any excavation below the MHW or NWL? Yes K_ No If yes, (1) Length of area to be excavated (2) Width of area to be excavated (3) Depth of area to be excavated (4) Amount of material to be excavated in cubic yards b. Will the placement of the proposed bridge or culvert require any excavation within: - Coastal Wetlands _ SAVs _ Other Wetlands If yes, (1) Length of area to be excavated (2) Width of area to be excavated (3) Amount of material to be excavated in cubic yards c. Will the placement of the proposed bridge of culvert require any highground excavation? Yes X No If yes, (1) Length of area to be excavated (2) Width of area to be excavated (3) Amount of material to be excavated in cubic yards d. If the placement of the bridge or culvert involves any excavation, please complete the following: (1) Location of the spoil disposal area (to be determined by contractor) (2) Dimensions of spoil disposal area (to be determined by contractor) (3) Do you claim title to the disposal area? Yes X No If no, attach a letter granting permission from the owner. Revised 03/95 Form DCM-MP-S (4) Will the disposal area be available for future maintenance? Yes _ No N/A (5) Does the disposal area include any coastal wetlands (marsh), SAVs, or other wetlands? Yes X No If yes, give dimensions if different from (2) above. n/a (6) Does the disposal area include any area below the MHW or NWL? Yes No If yes, give dimension if different from No. 2 above. n/a e. Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d. above) to be placed below MHW or NWL? Y, Yes No If yes, (1) Length of area to be filled 6,25 Ek (2) Width of area to be filled (3) Purpose of fill 4* ?611I 41, armer - ma?icial, ?,r [peal /?„71c ?1.1??n Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d. above) to be placed within: k Coastal Wetlands - SAVs -Other Wetlands If yes, (1) Length of area to be filled fo?l' (2) Width of area to be filled IS - - (3) Purpose of fill ?o ; d w n ear aav erial' ?.r- rot L'or, cucF;,n g. Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d. above) to be placed on highground? - Yes X No If yes, (1) Length of area,to be filled (2) Width of area to be filled (3) Purpose of fill 4. GENERAL a. Will the proposed project involve any mitigation? X Yes No If yes, explain in detail See attached permit application for details. b. Will the proposed project require the relocation of any existing utility lines? X Yes -No If yes, explain in detail telephone. power lines and fiberoRtic lines Will the proposed project require the construction of any temporary detour structures? Yes X No If yes, explain in detail d. Will the proposed project require any work channels? Yes X No If yes, complete Form DCM-MP-2 e. How will excavated or fill material be kept on site and erosion controlled? Sheet Piling, silt fence: NCDOT Sedimentation and Erosion Control Guidelines will be followed. f. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? backhoes, bulldozer, crane, and other necessary equipment to replace bridge g. Will wetlands be crossed in transporting equipment to project site? Yes X No If yes, explain steps that will be taken to lessen environmental impacts. h. Will the placement of the proposed bridge or culvert require any shoreline stabilization? X Yes No If yes, explain in detail Rock plate for stabilization NCDOT - TIP No. B-3445 Applicant or Project Name Signature 'd Date Revised 03/95 SEE INSET BELOW BEGIN PROJECT MAY 2 0 log COASTAL NlANAGEP?1'_ l,'-I ELIZABETH CITY B-3445 TO US 58 I z ? ? x r O 7.4\ Y RECEIVED I , END PROJECT B-3445 VA ?.... Back; . c NC Bay ? ,. ? h< ,' ri 1 KNOTTS IS N 11 SITE 1 PRopoSE? YI 34" ALUM110 0M , P(PE 13\JWKAY ISLAND NATIONAL WILDLIFE 5 REFUGE Kp-movp- PrN o O(-D P I P E W 11-14 36 " p MACKAY (kLLAfW( )u1M PIPE alPE-01.0 ISLAND ?._. 1 RF-V • 3/27/ Q3 N.C. DEPT. OF TRANSPORTATION DIVISION OF HIGHWAYS SCALE 5 0 1 Mile CURRITUCK COUNTY PROJECT: 8.1040601 (B-3445) PROPOSED REPLACEMENT OF BRIDGE NO.7 OVER COREYS DITCH SHEET ( OF 1 8/28/01 LEGEND --•WLB---- WETLAND BOUNDARY WETLAND WLB' ® DENOTES FILL IN WETLAND ® DENOTES FILL IN SURFACE WATER ®DENOTES FILL SURFACE WATER R (POND) ® DENOTES TEMPORARY FILL IN WETLAND ®DENOTES EXCAVATION IN WETLAND ®DENOTES EXCAVATION IN SURFACE WATER DENOTES TEMPORARY FILL IN SURFACE WATER • DENOTES MECHANIZED • • •• * • • CLEARING E- * FLOW DIRECTION '- TB --- TOP OF BANK - WE- - EDGE OF WATER --S-- PROP. LIMIT OF CU7 ---E-- PROP. LIMIT OF FILL ?- PROP. RIGHT OF WAY -- NO---NATURAL GROUND ---EL-- PROPERTY LINE -TDE- TEMP. DRAINAGE EASEMENT -POE- PERMANENT DRAINAGE EASEMENT -•EAB-- EXIST. ENDANGERED ANIMAL BOUNDARY -•EPB-- EXIST. ENDANGERED PLANT BOUNDARY --•-•? ••- - •- WATER SURFACE N.C. DEPT. OF TRANSPORTATION DIVISION OF HIGHWAYS CURRITUCK COUNTY PROJECT: 81040601 (B-U45) PROPOSED REPLACEMENT OF BRIDGE NO.7 OVER COREYS DITCH SHEET OF 8/28/01 XXXXX LIVE STAKES BOULDER --- COIR FIBER ROLLS O ADJACENT PROPERTY OWNER OR PARCEL NUMBER PROPOSED BRIDGE PROPOSED BOX CULVERT PROPOSED PIPE CLILYERT (DASHED LINES DENOTE EXISTNG STRUCTURES) 0 SINGLE TREE WOODS LINE ¦ DRAINAGE INLET ROOTWAD VANE RIP RAP RIP RAP ENERGY DISSIPATOR BASIN w Mack Island NWR 65 NC 2 154 M °? Mackay National Wildli F&nW 2004 Deer Hu 37 s, Vicinity Map moo k Refuge Map o zooo 4W Feet I'REGEIVE® MAY 2 0 2004 COASTAL MANAGEMENT ELIZABETH CITY 00+ZZ 'd1S 3NIlH:)1dW a I, I .5q i, ? ? I I2 ?I ?. ol l 7q Z I ii O II + O ?I N : I I i ? l ? I c; .I Y? ? I 1 I m I I I I J q W ? Z Z W J J 1- tt V1 W ? LnD NW W Z W V r- a ~ a J O W Z W W W O at O V1 Z F..? i? O O N OS+gZ •d1 S c 3NI1H01 dW ~ C U 4 A. F I? °•° a`7 ?3 v i .s? r3 ?w eq 7 O ° u ° $ do ° to O a {iJ N s i O p H N? I ? I TB ?I? ? I Z ? J ?I ? W ?? 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I I I I ?:s?sa3asaam? 1 i I I I ?? ? 1 LL ?amaeams?.....saw I I 1 I 1 I I I 1 I I I I I ?a :a?veaceaa?masaaaad I O I ~0 I Z W I J> ^ QO m a. I ?W } 1 •- 1 O W M F- I v I II O ? I ' u I1- In I? ' O+ I N I I N ' U t > I I ? j Z I I I I I --1 I I I I j I ° ° I (DI 1 -- N I I O O Qo N O O Ln N O O Q N O O + M N O O + N N z O ., O C a F , ?aa F C ao O "I go °z Q D :D U 09. 0 'I x o aQ F J P MCI FBI cn W Q W N Q Q ? H J O U N tr ul S > O L O O O L 04 gl uiI of Tj of R I J i F- ? I I W i C ZI = J Ma I v 3 a J a Y U O O I. Ln N CV up v I II I I I F- 0 W Z W J N (L 4 I u, l O I ,r, l 91 - tIIrECEIVE MAY 2 n 2004 COASTAL NANAGEME ELIZABETH CITY O in O v O K1 0 N O -1O -1a O N O ?+1 O v O Ln LL N Z Z ? W J J ? J J Q J ? 1 l.i N LL- 21: ?y v) W Z ~ Q O -j to w W L) ~ Q O L& Z Z cr W W Dac W O ON 04 w ® On* E"a U VJ w J Q W U J V) Q L) J N Q ~ J Z Q O C? N r 2 2 O W S > O p N •- O O O LO N Z U LL ?¢ >- 4w? m w u (I p V m O pC U I- O U W > U- Z ao a: O T 00 a: ? w w z ? a m p w U E3 R W O ?] U ? ° O a g Z m S cc co co L A g U 3 m co A eva C\j 0 C5 c V 4 ?- L L U w ? U g c W U ? 3 N g g co E m c ° m H - ?- c o 0 ? ro ? o V ? a g c ? 3 3 ? ` ?i3 v o 0 0 N O ? ? ? Q m Q ? ? 2 ~ fA co m m m ? Q ? ? LO N J CID N CL 0 N cr co 1°f l t + co m + An + co ro p ? N a O N N O N N O N N O LL i Z r O iF O Q m Project No. 8.1040601 (B-3445) Property Owner List Site Parcel Name Address NO. NO. DB and Pg United States Department P.O. BOX 39 1 1O of the Interior Knotts Island, N NC 27950 C Fish and Wildlife "IV MAY 2 0 2004 GCIAbTAL MANAGE MENT ELIZABETH G17-y N.C. DEPT. OF TRANSPORTATION DIVISION OF HIGHWAYS CURRITUCK COUNTY PROJECT: 8.1040601 (B-3445) PROPOSED REPLACEMENT OF BRIDGE NO.7 OVER COREYS DITCH SHEET Q OF .L 8 / 24 / 01 p?0? \ NA t ?9pG r AR .3 DIVISION OF Fil Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality .,,. .,IO OF WATER QUALITY DIVIS July 25, 2002 I i. IAY 2 0 20914 NC Dept of Transportation Attn: Mr. Marshall Clawson 1548 Mail Service Center Raleigh, NC 27699 NIANAGEMENT PLIZABETH CITY Subject: Stormwater Permit No. SW7020604 Bridge Replacement for Bridge No. 7, Hwy 615 General Stormwater Permit Currituck County Dear Mr. Clawson: The Washington Regional Office received the completed Stormwater Application and supporting information on June 13, 2002. Staff review of the plans and specifications ohs dthe etermined a at with the project, as proposed, will comply Regulations se forth in Title 15A NCAC 7020604 dated July 25, 2002•to O Permit No. SW 7t020604 NC Department of Transportation. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. Any future development at this site will d a permit for any require an additional Stormwater review Stormwater control measures deemed appropriate. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the office of 61 47. Administrative Heandsgsare P.O ade athis27permitalshall be 2 f nal 4and Unless such dema binding. 943 Washington Square Mall Washington, N.C. 27889 Telephone (252) 946-64rt1 FAX (252) 946-9215 NC Department of Transportation July 25, 2002 Page Two If you have any questions, or need additional information concerning this matter, please contact Bill Moore at (252) 946- 6481, extension, 264. Sincerely, J--Jim Mulligan Water Quality Regional Supervisor Washington Regional Office cc: Washington Regional Office Central Files State Stormwater Management Systems Permit No SW7020604 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT GENERAL PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules and Regulations PERMISSION IS HEREBY GRANTED TO NC Department of Transportation MAY G ZC Currituck County ;OASTAL IVIANAGEMEN i' FOR THE 1R.IZAC?ETH CITY construction, operation and maintenance of stormwater management systems in compliance with the provisions of 15A NCAC 2H.1000 (hereafter referred to as the "stormwater rules") and the approved stormwater management plans and specifications, and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit for Best Management Practices to serve Bridge No. 7 replacement project located near Knotts Island, NC. The Permit shall be effective from the date of issuance until rescinded and shall be subject to the following specific conditions and limitations. I. DESIGN STANDARDS 1. This project involves replacement of Bridge No. 7 on NC Hwy 615 near Knotts Island, NC. BMP's include avoiding deck drains, and use of grassed shoulders. 2. Approved plans and specifications for projects covered by this permit are incorporated by reference and are enforceable parts of the permit. 3. No stormwater piping in addition to the existing piping shall be allowed except: 3 a. That minimum amount necessary to direct runoff beneath an impervious surface such as a road. b. That minimum amount needed under driveways to provide access to lots. II. SCHEDULE OF COMPLIANCE 1. Grasslined swales, Management PracticE shall be adequately project. 2. The permittee shall control measures in Control Plan. vegetated buffers and other Best !s used for stormwater runoff control maintained throughout the life of the at all times provide adequate erosion conformance with the approved Erosion 3. The permittee shall submit all information requested by the Director or his representative within the time frame specified in the written information request. III. GENERAL CONDITIONS 1. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an enforcement action by the Division of Water Quality, in accordance with North Carolina General Statutes 143- 215.6A to 143.215.6C. 2. The permit may be modified, revoked or terminated for cause. The filing of a request for a permit modification, or termination does not void any permit condition. 3. The issuance of this permit does not prohibit the. Director from reopening and modifying laws, rules, and regulations contained in Title 15A of the North Carolina Administrative Code, Subchapter 2H.1000; and North Carolina General Statute 143-215.1 et.al. 4. The following items will require a modification to the permit: a. b. C. d. e. Any revision to the approved plans, regardless of size Project name change Change of ownership Redesign or addition built-upon area. Further subdivision of 4 to the approved amount of the project area f. In addition, the Director may determine that other revisions to the project should require a modification to the permit. 5. For any additions or modifications of the previously permitted built-upon area, the permittee shall submit to the Director revised plans and specifications and shall receive approval prior to construction. 6. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. 7. The permit is not transferable to any person except after notice to and approval by the Director. The Director may require modification or revocation and reissuance of the permit to change the name and incorporate such other requirements as may be necessary. A formal permit request must be submitted to the Division of Water Quality accompanied by the appropriate fee, documentation from both parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits, and may or may not be approved. 8. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state and federal) which have jurisdiction. Permit issued this the 25 th day of July, 2002. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION }-Alan W. Klimek, PE, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number SW7020604 5 United States Department of the Interior j FISH AND WILDLIFE SERVICE Raleigh Field Office MAY Post Office Box 33726 •?!+cN, a, ??*9 Raleigh, North Carolina 27636-3726 ?iaAS1 A? w r ELIZABETH GUIDELINES FOR AVOIDING IMPACTS TO THE WEST INDIAN MANATEE Precautionary Measures for Construction Activities in North Carolina Waters The West Indian manatee (Trichechus manatus), also known as the Florida manatee, is a Federally-listed endangered aquatic mammal protected under the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.) and the Marine Mammal Protection Act of 1972, as amended (16 U.S.C 1461 et seq.). The manatee is also listed as endangered under the North Carolina Endangered Species Act of 1987 (Article 25 of Chapter 113 of the General Statutes). The U.S. Fish and Wildlife Service (Service) is the lead Federal agency responsible for the protection and recovery of the West Indian manatee under the provisions of the Endangered Species Act. Adult manatees average 10 feet long and weigh about 2,200 pounds, although some individuals have been recorded at lengths greater than 13 feet and weighing as much as 3,500 pounds. Manatees are commonly found in fresh, brackish, or marine water habitats, including shallow coastal bays, lagoons, estuaries, and inland rivers of varying salinity extremes. Manatees spend much of their time underwater or partly submerged, making them difficult to detect even in shallow water. While the manatee's principal stronghold in the United States is Florida, the species is considered a seasonal inhabitant of North Carolina with most occurrences reported from June through October. To protect manatees in North Carolina, the Service's Raleigh Field Office has prepared precautionary measures for general construction activities in waters used by the species. Implementation of these measure will allow in-water projects which do not require blasting to proceed without adverse impacts to manatees. In addition, inclusion of these guidelines as conservation measures in a Biological Assessment or Biological Evaluation, or as part of the determination of impacts on the manatee in an environmental document prepared pursuant to the National Environmental Policy Act, will expedite the Service's review of the document for the fulfillment of requirements under Section 7 of the Endangered Species Act. These measures include: 1. The project manager and/or contractor will inform all personnel associated with the project that manatees may be present in the project area, and the need to avoid any harm to these endangered mammals. The project manager will ensure that all construction personnel know the general appearance of the species and their habit of moving about completely or partially submerged in shallow water. All construction personnel will be informed that they are responsible for observing water-related activities for the presence of manatees. 2. The project manager and/or the contractor will advise all construction personnel that diSWto STATE OF NORTH CAROLINA DEPARTMENT' OF TRANSPORTATION MICHAEL F. EASLEY GOVERNOR LYNDo TIPPETT SECRETARY April 22, 2004 Mr. William D. Gilmore, P.E. EEP Transition Manager Ecosystem Enhancement Program 1652 Mail Service Center Raleigh, NC 27699-1652 Dear Sir: '0 F' `(`?f@Ta.•+ ?,>4.r^'qc Subject: Currituck County. Replacement of Bridge No. 7 over Corey's Ditch on NC 615. State Project No 8.1040601. TIP No. B-3445. The purpose of this letter is to request that the North Carolina Ecosystem Enhancement Program (EEP) provide confirmation that you are willing to provide compensatory mitigation for the project in accordance with the Memorandum of Agreement (MOA) signed July 22, 2003 by the USACE, the NCDENR and the NCDOT. The North Carolina Department of Transportation proposes to replace Bridge No. 7 over Corey's Ditch on NC 615 in Currituck County. The existing bridge will be replaced with a new bridge at the existing location. The proposed right-of-way (ROW) width for the project is 120 ft. RESOURCES UNDER THE JURISDICTION OF SECTION 404 AND 401 OF THE CLEAN WATER ACT. We have avoided and minimized the impacts to jurisdictional resources to the greatest extent possible as described in the permit application. A copy of the permit application can be found at http•//www.ncdot.org/planning/pe/naturalunit/Applications.html. The remaining impacts to jurisdictional resources will be compensated for by mitigation provided by the EEP program. We estimate that 0.18 acre of wetlands will be impacted. The project is located in the Coastal Plain Physiographic Province in Currituck County in the Pasquotank River basin in Hydrological Cataloguing Unit 03010205. • The wetland impacts total 0.18 acre of estuarine wetlands. We propose to provide compensatory mitigation for the wetland impacts by using the EEP for the 0.18 acre of impacts. I . Please send the letter of confirmation to Bill Biddlecome (USACE Coordinator) at U. S. Army Corps of Engineers Washington Regulatory Field Office (P.O. Box 1000 Washington, NC 27889-1000). Mr. Biddlecome's FAX number is (252) 975-1399. The current let date for the project is September 21, 2004 for which the let review date is August 3, 2004. In order to satisfy regulatory assurances that mitigation will be performed; the NCDWQ requires a formal letter from EEP indicating their willingness and ability to provide the mitigation work requested by NCDOT. The NCDOT requests such a letter of confirmation be addressed to Mr. John Hennessy of NCDWQ, with copies submitted to NCDOT. If you have any questions or need additional information please call Matt Haney at (919) 715-1428 Wory orpe, Ph.D., En vironmental Management Director Project Development & Environmental Analysis Branch cc: Mr. John Hennessy, Division of Water Quality Mr. Gary Jordan, USFWS Mr. Travis Wilson, NCWRC Mr. Ron Sechler, NMFS Mr. Michael Street, NCDMF Ms. Cathy Brittingham, NCDCM Ms. Lynn Mathis, NCDCM Mr. Jay Bennett, P.E., Roadway Design Mr. Omar Sultan, Programming and TIP Mr. Art McMillan, P.E., Highway Design Mr. David Chang, P.E., Hydraulics Mr. Greg Perfetti, P.E., Structure Design Mr. Mark Staley, Roadside Environmental Mr. Don Conner, P.E., Division 1 Engineer Mr. Clay Willis, Division 1 DEO Mr. David Franklin, USACE, Wilmington Mr. William D. Gilmore, P.E., EEP, Raleigh Ms. Becky Fox, USEPA Mr. John F. Sullivan, III, FHWA /t I w ' James B. Hunt Jr., Governor Betty Ray McCain, Secretary January 13, 1999 MEMORANDUM PIT ly''• 2 i2 IYCYC Y, "(AY 2 0 )004 OASTAL I ,,1ANAGEt#vje \l,s? 17-LI7_ACFTH CITY TO: William D. Gilmore, P.E., Manager Planning and Environmental Branch Division of Highways Department of Transportation FROM: David Brook Deputy State tstoric Preservation Officer SUBJECT: Bridge Group XIX, Bridge 7 on NC 615 over canal, Currituck County, B-3445, ER 99-7924 Division of Archives and History Jeffrey J. Crow, Director C -? 199 ' 9 i s Thank you for your memorandum of December 8, 1998, concerning the above project. We have conducted a search of our maps and files and have located the following structure of historical or architectural importance within the general area of the project: Bridge #7. This bridge was built in 1936. We look forward to meeting with an architectural historian from the North Carolina Department of Transportation to review the aerial and photographs of the project area so we can make our survey recommendation. There are no known archaeological sites within the proposed project area. Based on our present knowledge of the area, it is unlikely that any archaeological resources which may be eligible for inclusion in the National Register of Historic Places will be affected by the project construction. We, therefore, recommend that no archaeological investigation be conducted in connection with this project. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, please contact Renee Gledhill-Earley, environmental review coordinator, at 919/733-4763. DB:slw cc: N. Graf B. Church L. Novick a,w STAtr n: North Carolina Department of Cultural Resources 109 East Jones Street • Raleigh, North Carolina 27601-2807 Qt, TIP # 13.:5q y _5 Federal :did # BEE - (0-1 . ( 1 County C_l 1Y d ? !? CONCURRENCE FORIM FOR PROPERTIES NOT ELIGIBLE FOR THE NATIONAL REGISTER OF HISTORIC PLACES On representatives of the ;? North Carolina Department of Transportation (NCDOT) Federal Highway Administration (FHwA) North Carolina State Historic Preservation Office (SHPO'! Other reviewed the subiect project at A scopina meetu:?-, ?. Historic architectural resources photoRranh review session/consultation Other All parties present agreed there are no properties over fifn, years old within the project s area of potential en", there are no properties less than fifty years old which are considered to meet Criterion Consideration G within the project's area of potential effect. there are properties over fifty years old (list attached) within the project's area of potential effeLL. but based on the historical information available and the photographs of each property. properties identified a rJ, q d s are considered not eligible f the National Register and no further evaluation of them is necessary there are no National Register-listed properties within the project's area of potential effect. igned: ?--k a 'i ( k VCaL ?u.?. Au?q ? Iq c(c( '.epresentative, i DOT` Date I lqq l HwA, fo a Division Administrator, or other Federal Agenev Date 4 44 e esentat' e, SHPO Date ate Historic Preservation Officer Date ..1, If a survey report is prepared. a final cope of this form and the attached list will be included. 05/27/2004 14:10 2524293185 MACKAY ISLAND NWR PAGE 02/08 United States Department of the Interior FISH AND WIJ-DLIFE SERVICE -? ,• 1875 Century Boulevard in Reply Refer To, Atlanta. Gcorgia 30345 . FWS/R4/RF/RE 8 2 LA-North Carolina Mackay Island NWR (R5) Noa Carolina DOT Memorandum To: Refuge Manager, Mackay Island NWR From: Realty Specialist, Branch-Fast Subject; Right-of-Way Permit Attached for your files is an executed copy of the permit for the replacement and enlargement of an e)isting bridge along State Road 615 within Mackay Island National Wildlife Refuge in Currituck County, North Carolina. If you have questions or comments, contact me at 404-679-7215. Attachment A4dt-- ' 05/27/2004 14:10 2524293185 MACKAY ISLAND NWR PAGE 03/08 LA - North Carolina Maekay Isalnd NWR (R5)NC MT For 53,496 square feet of right-of-way for the purpose of replacing and enlarging an existing bridge known as Corey's Bridge #7 along State Road 615 within Mackay Island National Wildlife Refuge. This bridge is the only access to a portion of the Mackay Island National Wildlife Refuge NOW THEREFORE, THE SECRETARY OF THE INTERIOR. through his authorized wre=tative, the Regional Director, U. S. Fish and Wildlife Service, in accordance wit}a ap licabr le authorities, in accordance with regulations published September 30, 1977, in 50 CFR 2 21, and in consideration of the sum of Two Hundred Dollars and No/100 ($200.00) does hereby grant a right-of-way permit (permit) to the North Carolina Department of Transpoitation, herein referred to as the PEM E, to use and occupy certain lands of Mackay Island National Wildlife Refuge for the purpose of 53,496 square foot of right-of--way for a period of 50 Yom, or so long as it is used for the purpose granted, commencing on 7t_h day of July ,2003. The said right-of-way is described on Exhibit "A" attached hereto and made a part hereof. By accepting this right-of-way permit, the permittee agrees to the following terms and conditions and special stipulations (where indicated the term "protect" or "refuge manager" refers to Mackay Island National Wildlife Refuge or the manager in charge of the facility.). (1). To comply with State and Federal laws applicable to the project within which the permit is granted, and to the lauds which are included in the permit area and lawflil existing regulations thereunder. (2) To clear and keep clear the lands within the permit area to the extent and in the manner directed by the project manager in charge; and to dispose of all vegetative and other material cut, uprooted, or otherwise accumulated during the construction and maintenance of the project in such a manner as to decrease the fire hazard and also in accordance with such instructions as the project manager may specify. (3) To prevent the disturbance or removal of any public land survey monument or project boundary monument unless and until the permittee has requested and received from the Regional Director approval of measures the permittee will take to perpetuate the location of aforesaid monument. - (4) To take such soil and resource conservation and protection measures, including weed control on the land covered by the permit as the project manager in charge may request. (5) To do everything reasonably within its power, both independently and on request of any duly authorized representative of the United States, to prevent and suppress fires on or near lands to be occupied under the permit areas, including making available such construction, and maintenance forces as may be reasonably obtainable for the suppression of such fires. 05/27/2004 14:10 2524293185 MACKAY ISLAND NWR PAGE 04/08 2 NCDOT Rightrof--Way permit - RS - Mackay Island NWR (6) To rebuild and repair such road, fences, structures, and trails as may be destroyed or injured by construction work and, upon request by the Regional Director, to build and maintain necessary and suitable crossings for all roads and trails that intersect the works constructed, maintained, or operated under the pernsit. (7) To pay the United States the full value for all damages to the lands or other property of the United States caused by its employees, contractors, or agents of the contractors, and to indemnify the United States against any liability for damages to life, person, or property arising from the occupancy or use of the lands under the permit, except where the permit is granted hereunder to a State or governmental agency which has no legal power to assume such a liability with respect to damages caused by it to lands or property; such agency in lieu thereof agrees to repair all such damages. Where the permit involves lands which are under the exclusive jurisdiction of the United States, the holder or its employees, contractors, or agents of the United States, the holder or his employees, contractors, or agents of the contractors, shall be liable to third parties for injuries incurred in connection with the permit area. Grant of permits involving special hazards will impose liability without fault for injury and damage to the land and property of the United States up to a specified maximum limit commensurate with the foreseeable risks or hazards presented. The amount of no-fault liability for each occurrence is hereby limited to no more than $1,000,000. (9) To notify promptly the project manager in charge of the amount of merchantable timber, if any, whie will be cut, removed, or destroyed in the construction and maintenance of the project; and to pay the United States in advance of construction such sum of money as the project manager may determine to be the full stumpage value of the timber to be so cut, removed, or destroyed. (9) That all or any part of the permit granted may be suspended or terminated by the Regional Director for failure to comply with any or all terms and conditions of the grant, or for abandonment. A rebuttable presumption of abandonment is raised by deliberate failure of the holder to use for any continuous two-year period the permit for the purpose for which it was granted or renewed. In the event of noncompliance or abandonment, the Regional Director will notify in writing the holder of the permit of his intention to suspend or terminate such grant 60 days from the date of the notice, stating the reasons therefor, unless prior to that time the holder completes such corrective actions as are specified in the notice. The Regional Director may grant an extension of time within which to complete corrective actions when, in his judgement, extenuating circumstances not within the holder's control such as adverse weather conditions, disturbance to wildlife during breeding periods or periods of peak concentration, or other compelling reasons warrant. Should the holder of a right-of-way issued under authority of the Mineral L.casing Act, as amended, fail to take corrective action within the 60-day period, the Regional Director will provide for an administrative proceeding pursuant to 5 U.S.C. 554, prior to a final Departmental decision to suspend or terminate the permit. In the case of all other right-of- way holders, failure to take corrective action within the 60-day period will result in a determination by the Regional Director to suspend or terminate the permit. No administrative proceeding shall be required where the permit terminates under its terms. (10) To restore the land to its original condition to the satisfaction of the Regional Director so far as it is reasonably possible to do so upon revocation and/or termination of the permit, unless this requirement is waived in writing by the Regional Director. Termination also 05/27/2004 14:10 2524293185 MACKAY ISLAND NWR PAGE 05/08 NCDOT Right-of-way Permit - R5 • Mackay Island NWR 3 includes P=Wts that terminate under the terms of the grant. (11) To keep the project manager informed at all times of its address, and in case of corporations, of the address of its principal place of business and the names and addresses of its principal officers. (12) That in the construction, operation, and maintenance of the project, he shall not discriminate against an employee or applicant for employment because of race, creed, color, or national origin and shall require an identical provision to be included in all subcontracts. (13) That the grant of the permit shall be subject to the express condition that the exercise thereof will not unduly Interfere with the mm agemcnt, administration, or disposal by the United States of the land affected thereby. The applicant agrees and consents to the occupancy and use by the United States, its grantee, permittee, or lessee of any part of the permit area not actually occupied for the purpose of the granted rights to the extent that it does not interfere with the full and safe utilization thereof by the holder. The holder of a permit also agrees that authorized representatives of the United States shall have the right of access to the permit area for the purpose of making inspections and monitoring the construction, operation and maintenance of facilities. (14) That the permit herein granted shall be subject to the express covenant that any facility constructed thereon will be modified or adapted, if such is found by the Regional Director m be necessary, without liability or expense to the United States, so that such facility will not conflict with the use and occupancy of the land for any authorized works which may hereafter be constructed. thereon under the authority of the United States. Any such modification will be planned "and scheduled so as not to interfere unduly with or to have minimal effect upon continuity of energy and delivery requirements, (15) That the permit herein granted shall be for the specific use described and may not be constructed to include the further right to authorize any other use within the permit area unless approved in writing by the Regional Director. (16) To sustain from or perform: those activities as required by the U.S. Fish and Wildlife Service in order to comply with the requirements of the National Historic Preservation Act of 1966 (16 U.S.C. 470 et seq.), the Archeological and Historic Preservation Act of 1974 (16 U.S.C. 469 et se %.), Executive Order 11593 "Protection and Enhancement of the Cultural Environment" of May 13, 1971 (36 FR 8921), and "Procedures for the Protection of Historic and Cultural Properties" (36 FR 800). (17) Should previously unrecorded cultural resources or human remains be made on Service land, construction activities will be halted immediately at that location. The Regional Archaeologist and the Project Manager are to be contacted at once. Should further archaeological investigations be deemed necessary by the Regional Archaeologist, and the State Historic Preservation Office (SHPO), the Permittee will develop and submit a mitigation plan. Upon approval, the Regional Archaeologist will then process the required Archaeological Resources Protection Act (ARPA) permit. (18) Should human remains in an unmarked grave be encountered, Refuge Law Enforcement will be contacted immediately in addition tot he Regional Archaeologist, the Project Manager, the County Sheriff's Office, and the SHPO. Should the human remains be identified as Native American, then consultation with, pertinent Native American groups will be initiated as per 05/27/2004 14:10 2524293185 MACKAY ISLAND NWR PAGE 06/08 l NCDOT Right-of--Way Permit - R5 - Mackay Island NWR 4 the Native American Grave Protection and Repatriation Act. (19) Upon removal of the old bridge, existing steel bulkheads will be left in place. The ends of this bulkheading will be armored with rip-rap down the canal banks approximately 40 feet beginning at the bridge and extending southward along each canal bank to protect the shoreline from further erosion. Additional rip-rap will be placed at the base and in front of the steel kunder ettold ibridge ulkhead ato the nd will also side of the protects the new bridge abutments reduce the risk of of erosion undercutting the (20) To enhance sheet flow and reduce some of the hydrologic pressure on Corey's Ditch, additional culverts will be installed underneath the causeway. A total of seven new culverts and two upgrades with a minimum diameter of 36 inches, 48 inches where road elevations permit, will be installed as identified on the attached map. Specific locations may be adjusted to accommodate the largest pipes based upon the site. Culverts are to be constructed from corrugated arched pipe and must be stabilized on each end with rip-rap. The Refuge Manager also recommends et the two existing pipes at the cast end of the Causeway, which are only partially on the refuge, with similar sized culverts (36" arched pipe or larger). Currently, these pipes are 24 inch round pipes and are beginning to deteriorate. The specific size and location of the pipes will be approved by the Refuge Manager in coordination with NCDOT. (21) No in water work will be conducted during the North Carolina Wildlife Resource Commission moratoriura for fisheries resources, March 31 through September 30 of each year. (22) Best Management Practices (BMP) for Bridge Demolition and Removal, BMP for the Protection of Surface Waters will be implemented, and the USFWS constructions guidelines regarding manatee habitat will be utilized. (23) Wetlands will not be used for borrow or waste areas outside of what is described in the existing plans. (24) A Stormwater Management Permit will be obtained from the NC Division of Water Quality for the operation of the permanent drainage easement. (25) No material will be disposed of by burning on refuge property. (26) NCDOT or their designee/ropresentative will be responsible for posting and maintaining signage regarding the closure of the construction area to all recreational activity. NCDOT or their designee/representative will post signs as recommended by the Refuge Manager. (27) Upon project completion all construction debris will be removed from the site to the satisfaction of the Refuge Manager. (28) Upon project completions, the area within the right-of-way will be restored to its original contours and elevations including but not limited to the plant community that existed prior to construction. (29} Upon project completion, NCDOT will contact the Refuge Manager for a final inspection and approval. Corrective action will be required by NCDOT for problem resolution relative to non-compliance with permit conditions or other project related actions with potential for detriment to refuge lands not acceptable to Refuge Manager. 05127/2004 14:10 2524293185 MACKAY ISLAND NWR PAGE 07108 NCDOT Right-of-way - R5- Mackay Island NWR iN WrmESS WHEREOF, I --TB U I?-?-? MS4tq T2ha e executed this instrument on behalf of the permittee herein on this -7 r" day of Z,.L ? North Carolina Dcpartment of Transportation with ts: Rt6H of wA%f g' 4CS-?\$ tary public my CnmM,sS,eytfIRe5 `c? New 2 IN TNESS WHEREOF, I have hereunto set my hand this /s day of 2003. C, 8 TIM UNITED STATES OF AMERICA tAUfi#wZ- 1tIleS9 Notary Public A. V -OA r qRY P W COMMISSION B V6 iBER 23 2003 By: Region ector U.S. I~ s and Wildlife Service 05/27/2004 14:10 2524293185 MACKAY ISLAND NWR '18: aet Dar R/W BRANCH ' db/'1j/1GC:? ylyla?l:iy0 U. S. pewpar'to+ant o! Intariar U. S. rish Srd `Tildlife aesvioe mack,ay Xa.land maLtional WiX411fa Refuge State project 8.1040601; sxp 8-3443 Paroai on - currituck couaty a ti.en *I Arer, t R/W iE W!!!!? t 01, PAGE 08/08 PAGE 02/02 p•„az-*! ng on 8%yy,y Utne L- !03 19+50.00 ttseno4 222004' 08"M 25.OOfeet to patent "1" , the poLnZ Of beginning, aft t be- aziating right of way lie-to. Thence along the rjew right of wsy 522°04? 08#W 20.00 feet to Point 'Ax". Thence N70018' 3*8%V-2 .33 feet to Point 'A311. Thence 3967033' 54'Pii 93.93 roQt with an. ARC of 93-8311 feet and a madius of 11404.1559 feet to point 44L0.. Th1knae H671619P54"N 210.64 £aet to Paint '051f. Thence N63°43'37"ITT 212.76 feet with an ARC of 212.908 feet and a Radius of 1692-.62.23-Z"t to Point "6". Thence N55°42'33"W 181.61 feat to Point "711. Thd?noa V31°17' 56^E 20.00 feet to point "8" oa•.the•.?a stis+4 -nom _way. Yhenve alanq the ar.Lating right of way $54042' 03"E 156.49 toot to polsnt "90. Thence 86301ST 00"E 267 . 4$ - Fad with an 1-AG of • 2.6-7,'74L feet and a Radius or 1662.0223 feat to Point "10". Thence 567.55' 52^E 510.00 fowt to point tae pair.-"y t %a po-? of begirning and oont:i.nuing approy =tely 23256 squire root: In new right: of way. mmerlpdon of A ZIMMASal R/W Eaanaoent # St arti.tyq on BUZI"Y 7..i.ne -L- POS 19+50-00 thQnoe 1122°04' 091"t 25.00 feet to point: "140, thole point of bagi:nning On' the 0"sk"? r?ght of way. Thenca alo,rq the existing right of wetly N67056? 52"Fi 510.00 feet too Point '"17". Thence N63°1R?58 ii 259.41 feet wtTs"Zrr-ARq of 259.69R i'eet and s Radius of 1612.0223 feet to Point "IS"- Thence N58°42' 04"w 1156.80 feet tv, point %11.9w. Thmmclw along a-t3 - h of way 101.17f 86"z 20.00 feet to Point 1120". Thence 86615612911z 319.54 feet to point "22"- Thence 865928r29"E 374.71 re" to point 1%23". Thence 2220040811X 20.00 feet to point "14", the point of begiraii V and eontirmIng approxinately 29244--Squl=a-•:9awt in new right of way The above areas are am dapi at-.ed -on that survey -entitled- S---- 0f NORTH CMWLINN, PmVAR74NT Or TR NPOR7LTION, M&F or PROW RIGHT Or XAr, ONITED STNTZX OEg??RTWmNT OF INTERIOR, Ct K COUNTY. seis?g fUxtr?ex idantifiod as PSM 141-02-RW, TIP H?34445, Project 8.1040601, par. 001. Revised 12/20/2002. NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary June 9, 2004 041100 4)Z ft,, JuN WqT? 1: 6 2001 0 MEMORANDUM: TO: Mr. John R. Dorney Environmental Biological Supervisor Division of Water Quality FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: NC Department of Transportation Project Location: Bridge No. 7 on HWY 615, Knotts Island, in Currituck County Proposed Project: Replace bridge over Corey's Ditch along NC 615 in Mackay Island National Wildlife Refuge Please indicate below your agency's position or viewpoint on the proposed project and return this form by June 30, 2004. If you have any questions regarding the proposed project, please contact Lynn Mathis at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. 1 DATE Q U j SIGNED Phone: 252-2 - 3 n ernet: www.nccoasta-16i-anagement.net An Equal Opportunity 1 Affirmative Action Employer - 30% Recycled by Fiber Weight f UV( STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY LYNDO TIPPETT GOVERNOR SECRETARY May 11, 2004 N.C. Department of Environment and Natural Resources Division of Coastal Management 1367 US 17 City, NC 27909 w? r? ???1 S / 4171 r??UP Elizabeth Attention: Ms. Lynn Mathis District Manager WATER QUA' Irk SECTION Dear Madam: Subject: Application for CAMA Major Development Permit for the proposed replacement of Bridge No. 7 on NC 615 over Corey's Ditch in Currituck County, NCDOT Division 1. Federal Project No. BRZ-615(1), State Project No. 8.1040601, WBS Element: 33065.1.1, TIP No. B-3445 The North Carolina Department of Transportation (NCDOT) proposes to replace Bridge No. 7 over Corey's Ditch on NC 615. Bridge No. 7 will be replaced on the existing alignment with a new bridge approximately 170 feet in length and a cleared roadway width of 36 feet. The approaches will include two 12 foot lanes with 8 foot shoulders. Permanent impacts to coastal wetlands associated with this project include 0.11 acre of permanent fill. Permanent impacts to non coastal wetlands associated with this project include 0.07 acre of permanent fill. The bridge will be replaced in stages. A portion of the existing bridge will be demolished while maintaining, one-lane, two-way traffic on the remaining portion. This will allow the new structure to be partially constructed. Once the new structure is sufficient to allow one-lane, two-way traffic, the remainder of the existing structure will be removed and the remainder of the new structure constructed. NCDOT will adhere to a moratorium allowing no work in water during the period of March 31 through September 30 to protect anadromous fish. At the request of the U.S. Fish and Wildlife Service, equalizer pipes will be placed under NC 615 at six locations and existing pipes at two other locations are being replaced with larger pipes. The proposed aluminum pipes will be 36 in. in size. These pipes will be buried one foot. Permit drawing sheet 1 of 9 and plan sheet 5 shows the pipe locations. Please find enclosed copies of the Coastal Area Management Act (CAMA) permit application (MP1, MP2, and MP5), Categorical Exclusion (CE), permit drawings, half size plans, North Carolina Division of Water Quality Stormwater Permit, Guidelines for MAILING ADDRESS: NC DEPARTMENT OF TRANSPORTATION PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 1598 MAIL SERVICE CENTER RALEIGH NC 27699-1598 TELEPHONE: 919-715-1500 FAX: 919-715-1501 WEBSITE: WWW.NCDOT.ORG LOCATION: 2728 CAPITAL BLVD PLB SUITE 168 RALEIGH NC 27604 2 Avoiding Impacts to the West Indian Manatee, an EEP Request Letter, green cards from the Adjacent Riparian Land Owners, and a method of debiting $400 to be submitted to the DCM for processing the CAMA permit. According to Bridge Maintenance records, the sufficiency rating of the bridge is 31.5 out of a possible 100. The new bridge will provide wider road shoulders on either side of the structure which will increase the safety rating for the bridge. Corey's Ditch is located in the Pasquotank River Basin (Hydrological Cataloguing Unit 03010205) and classified by the Division of Water Quality as SC. Class SC refers to all tidal salt waters protected for secondary recreation such as fishing, boating and other activities involving minimal skin contact, aquatic life propagation and survival, and wildlife. Area of Environmental Concern (AEC): Affected AEC's include estuarine shorelines, estuarine waters, public trust areas, and coastal wetlands. An on-site field meeting was held on October 16, 2001. Attendees of this meeting include: Bill Arrington (NC Division of Coastal Management (DCM)), Ed Harrell (DCM), David Cox (NC Wildlife Resources Commission), Tom McCartney (US Fish and Wildlife Service (FWS)), Garland Pardue (FWS), and Kendall Smith (FWS, Mackay Island National Wildlife Refuge). This meeting addressed the following issues: - Description of the proposed bridge replacement as compared to the existing bridge and discussion of the proposed parking areas. - Construction techniques for the bridge replacement including placement of piles and how they are constructed, and what type of bridge will be constructed. - Concerns with wider vehicles crossing the bridge during the staged construction. - Removal of the existing causeway and loose material (rip rap and broken concrete). - March 31 through September 30 moratorium. - Discussion of mitigation. PROPOSED IMPACTS TO WATERS OF THE UNITED STATES Bridge Demolition: Bridge No. 7 is 95 feet long and 25.2 feet wide. It has a reinforced concrete deck on steel 1-beams with timber caps and piles. Best Management Practices for Bridge Demolition and Removal, which dictates that all existing structures over water be removed by non-shattering methods, will be followed during demolition and construction. Dropping any component of the bridge into the water is not acceptable unless it is proven that there is no feasible alternative. If components of the bridge are dropped into the water, coordination and approval with DCM will be required. Permanent Impacts: The permit drawings report wetland impacts of 0.18 acre of permanent fill. The permanent fill is due to the approach roadway fill for the proposed structure. There will be 0.11 acre of coastal wetlands impacted. In addition, there will be 0.13 acre of fill in surface water from the approach roadway fill for the proposed bridge structure. k 3 PROTECTED SPECIES Threatened and Endangered Species: Plants and animals with federal classification of Endangered, Threatened, Proposed Endangered and Proposed Threatened are protected under provisions of Section 7 and Section 9 of the Endangered Species Act of 1973, as amended. As of January 29, 2003, the U.S. Fish and Wildlife Service (USFWS) lists 7 federally protected species for Currituck County. Habitat exists only for the threatened bald eagle (Haliaeetus leucocephalus). In a letter dated June 10, 2003, the USFWS concurred with the conclusion that this project is not likely to adversely affect the bald eagle. A copy of this letter is attached. Biological conclusions of "No Effect" for each of the remaining species are valid and are presented in the attached CE. • West Indian Manatee: The U.S. Fish and Wildlife Service has developed a list of "Precautions for the general construction in areas which may be used by the West Indian manatee in North Carolina." These precautions will be considered in all aspects of project construction (see attached precaution instructions). Essential Fish Habitat: The 1996 amendments to the Magnuson-Stevens Fishery Management and Conservation Act (MSFCMA) set forth a new mandate for the National Marine Fisheries Service (NMFS), regional fishery management councils (FMC) and other Federal agencies to identify and protect important marine and anadromous fish habitat. The FMCS, with the assistance from NMFS, have delineated "essential fish habitat" (EFH) for managed species. In the South Atlantic region, waterbodies in Currituck County are listed in which EFHs are found. Corey's Ditch is not a listed waterbody for EFHs. Therefore, the rules of the MSFCMA will not apply for this project. Ron Sechler of the National Marine Fisheries Service was contacted on April 29, 2004, and recommended that an EFH assessment not be done for this project. MITIGATION OPTIONS AVOIDANCE AND MINIMIZATION: Specific avoidance and minimization measures for this project include using a maximum slope of 3:1, replacing the existing bridge in its current location, installing equalizer pipes, and constructing the bridge in stages, which will allow for maintaining traffic on the existing bridge. COMPENSATION: This project will permanently impact a total of 0.18 acre of non-coastal and coastal wetlands. Despite the minimization strategies employed for the proposed project, the resulting wetland impacts will be greater than 0.1 acre and will require mitigation. 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 t 4 Ecological Enhancement Program (EEP), will assume responsibility for satisfying the Section 404 compensatory mitigation requirements for NCDOT projects that are listed in Exhibit 1 of the subject MOA during the Ecological Enhancement Program (EEP) transition period which ends on July 1, 2005. Since the subject project is listed in Exhibit 1, the necessary compensatory mitigation to offset unavoidable impacts to waters that are jurisdictional under the federal Clean Water Act will be provided by the EEP (see attached letter to EEP). The offsetting mitigation will derive from an inventory of assets already in existence within the same Ecoregion and the same 8-digit cataloguing unit. We have avoided and minimized the impacts to jurisdictional resources to the greatest extent possible as described above. The remaining, unavoidable impacts to 0.18 acre of jurisdictional wetlands will be offset by compensatory mitigation provided by the EEP program. REGULATORY APPROVALS NCDOT requests that the proposed work be authorized under a Coastal Area Management Act Major Development Permit. NCDOT will also be applying for issuance of a United States Army Corps of Engineers NWP 23 and a section 401 Water Quality Certification from the North Carolina Division of Water Quality under a separate cover. A copy of this letter is attached. Thank you for your assistance with this project. If you have any questions or need additional information please call Matt Haney at (919) 715-1428. Sincerely Gregory . Thorpe, Ph.D Environmental Management Director, PDEA cc: Ms. Cathy Brittingham, NCDCM Mr. Bill Biddlecomb, USACE, Washington Mr. Travis Wilson, NCWRC Mr. Ron Sechler, NMFS Mr. Mike Street, NCDMF Mr. Omar Sultan, Programming and TIP Mr. Greg Perfetti, P.E., Structure Design Mr. D.R. Conner, PE; Division 1 Engineer Mr. John Hennessy, DWQ, Raleigh Mr. Gary Jordan, USFWS Mr. Art McMillan, P.E., Highway Design Mr. Jay Bennett, P.E., Roadway Design Mr. David Chang, P.E., Hydraulics Mr. Mark Staley, Roadside Environmental Mr. Clay Willis, DIV 1 DEO 40 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY GOVERNOR U.S. Army Corps of Engineers Regulatory Field Office Post Office Box 1000 Washington, NC 27889-1000 Attention: Mr. William J. Biddlecome NCDOT Coordinator Dear Sir: Subject: Nationwide 23 application. Currituck County, Replacement of Bridge No. 7 on NC 615 over Corey's Ditch, Federal Project No. BRZ-615(1), State Project No. 8.1040601, TIP No. B-3445. The North Carolina Department of Transportation (NCDOT) proposes to replace Bridge No. 7 over Corey's Ditch on NC 615. Bridge No. 7 will be replaced on the existing alignment with a new bridge approximately 170 feet in length and a cleared roadway width of 36 feet. The approaches will include two 12 foot lanes with 8 foot shoulders. Permanent impacts to wetlands associated with this project total 0.18 acres, comprised of 0.11 acre of coastal wetlands and 0.07 acre of non-coastal wetlands. The bridge will be replaced in stages. A portion of the existing bridge will be demolished while maintaining, one-lane, two-way traffic on the remaining portion. This will allow the new structure to be partially constructed. Once the new structure is sufficient to allow one-lane, two-way traffic, the remainder of the existing structure will be removed and the remainder of the new structure constructed. At the request of the U.S. Fish and Wildlife Service, equalizer pipes will be placed under NC 615 at six locations and existing pipes at two other locations are being replaced with larger pipes. The proposed aluminum pipes will be 36 in. in size. These pipes will be buried one foot. Permit drawing sheet 1 of 9 and plan sheet 5 shows the pipe locations. Please find enclosed copies of the Categorical Exclusion (CE), permit drawings, half size plans, North Carolina Division of Water Quality Stormwater Permit, Guidelines for Avoiding Impacts to the West Indian Manatee, and an EEP Request Letter. . swco? May 11, 2004 LYNDO TIPPETT SECRETARY MAILING ADDRESS: NC DEPARTMENT OF TRANSPORTATION PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 1598 MAIL SERVICE CENTER RALEIGH NC 27699-1598 TELEPHONE: 919-715-1500 FAX: 919-715-1501 WEBSITE: WWW.NCDOT.ORG LOCATION: 2728 CAPITAL BLVD PLB SUITE 168 RALEIGH NC 27604 k4 2 According to Bridge Maintenance records, the sufficiency rating of the bridge is 31.5 out of a possible 100. The new bridge will provide wider road shoulders on either side of the structure which will increase the safety rating for the bridge. Corey's Ditch is located in the Pasquotank River Basin (Hydrological Cataloguing Unit 03010205) and classified by the Division of Water Quality as SC. Class SC refers to all tidal salt waters protected for secondary recreation such as fishing, boating and other activities involving minimal skin contact, aquatic life propagation and survival, and wildlife. An on-site field meeting was held on October 16, 2001. Attendees of this meeting include: Bill Arrington (NC Division of Coastal Management (DCM)), Ed Harrell (DCM), David Cox (NC Wildlife Resources Commission), Tom McCartney (US Fish and Wildlife Service (FWS)), Garland Pardue (FWS), and Kendall Smith (FWS, Mackay Island National Wildlife Refuge). This meeting addressed the following issues: - Description of the proposed bridge replacement as compared to the existing bridge and discussion of the proposed parking areas. - Construction techniques for the bridge replacement including placement of piles and how they are constructed, and what type of bridge will be constructed. - Concerns with wider vehicles crossing the bridge during the staged construction. - Removal of the existing causeway and loose material (rip rap and broken concrete). - March 31 through September 30 moratorium. - Discussion of mitigation. PROPOSED IMPACTS TO WATERS OF THE UNITED STATES Bridge Demolition: Bridge No. 7 is 95 feet long and 25.2 feet wide. It has a reinforced concrete deck on steel I-beams with timber caps and piles. Best Management Practices for Bridge Demolition and Removal, which dictates that all existing structures over water be removed by non-shattering methods, will be followed during demolition and construction. It was determined that 56.8 cubic yards of concrete fill material could potentially be dropped in the water during the removal of the existing structure. If any portion of concrete drops in the water, every effort is made to remove these from the water. NCDOT will adhere to a moratorium allowing no work in water during the period of March 31 through September 30 to protect anadromous fish. Permanent Impacts: The permit drawings report wetland impacts of 0.18 acre of permanent fill. The permanent fill is due to the approach roadway fill for the proposed structure. There will be 0.11 acre of coastal wetlands impacted. There will be 0.13 acre of fill in surface water from the approach roadway fill for the proposed bridge structure. PROTECTED SPECIES Threatened and Endangered Species: Plants and animals with federal classification of Endangered, Threatened, Proposed Endangered and Proposed Threatened are protected y? under provisions of Section 7 and Section 9 of the Endangered Species Act of 1973, as amended. As of January 29, 2003, the U.S. Fish and Wildlife Service (USFWS) lists 7 federally protected species for Currituck County. Habitat exists only for the threatened bald eagle (Haliaeetus leucocephalus). In a letter dated June 10, 2003, the USFWS concurred with the conclusion that this project is not likely to adversely affect the bald eagle. A copy of this letter is attached. Biological conclusions of "No Effect" for each of the remaining species are valid and are presented in the attached CE. • West Indian Manatee: The U.S. Fish and Wildlife Service has developed a list of "Precautions for the general construction in areas which may be used by the West Indian manatee in North Carolina." These precautions will be considered in all aspects of project construction (see attached precaution instructions). Essential Fish Habitat: The 1996 amendments to the Magnuson-Stevens Fishery Management and Conservation Act (MSFCMA) set forth a new mandate for the National Marine Fisheries Service (NMFS), regional fishery management councils (FMC) and other Federal agencies to identify and protect important marine and anadromous fish habitat. The FMCs, with the assistance from NMFS, have delineated "essential fish habitat" (EFH) for managed species. In the South Atlantic region, waterbodies in Currituck County are listed in which EFHs are found. Corey's Ditch is not a listed waterbody for EFHs. Therefore, the rules of the MSFCMA will not apply for this project. Ron Sechler of the National Marine Fisheries Service was contacted on April 29, 2004, and recommended that an EFH assessment not be done for this project. MITIGATION OPTIONS AVOIDANCE AND MINIMIZATION: Specific avoidance and minimization measures for this project include using a maximum slope of 3:1, replacing the existing bridge in its current location, installing equalizer pipes, and constructing the bridge in stages, which will allow for maintaining traffic on the existing bridge. COMPENSATION: This project will permanently impact a total of 0.18 acre of wetlands. Despite the minimization strategies employed for the proposed project, the resulting wetland impacts will be greater than 0.1 acre and will require mitigation. 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 Ecological Enhancement Program (EEP), will assume responsibility for satisfying the Section 404 compensatory mitigation requirements for NCDOT projects that are listed in Exhibit 1 of the subject MOA during the Ecological Enhancement Program (EEP) transition period which ends on July 1, 2005. t 4 Since the subject project is listed in Exhibit 1, the necessary compensatory mitigation to offset unavoidable impacts to waters that are jurisdictional under the federal Clean Water Act will be provided by the EEP (see attached letter to EEP). The offsetting mitigation will derive from an inventory of assets already in existence within the same Ecoregion and the same 8-digit cataloguing unit. We have avoided and minimized the impacts to jurisdictional resources to the greatest extent possible as described above. The remaining, unavoidable impacts to 0.18 a.;re of jurisdictional wetlands will be offset by compensatory mitigation provided by the EEP program. REGULATORY APPROVALS Section 404 Permit: This project is being processed by the Federal Highway Administration as a "Categorical Exclusion" in accordance with 23 CFR 771.115(b). Therefore, we do not anticipate requesting an individual permit, but propose to proceed under Nationwide 23 as authorized by Nationwide Permit 23 (FR number 10, pages 2020-2095; January 15, 2002). Section 401 Permit: We anticipate 401 General Certification number 3361 will apply to this project. In accordance with 15A NCAC 2H .0501(a) we are providing two copies of this application to the North Carolina Department of Environment and Natural Resources, Division of Water Quality, for their records. NCDOT will also be applying for issuance of Coastal Area Management Act Major Development Permit from the North Carolina Division of Coastal Management under a separate cover. A copy of this letter is attached. Thank you for your assistance with this project. If you have any questions or need additional information please call Matt Haney at (919) 715-1428. Sincerely 4 Gregory J Thorpe, Ph.D Environmental Management Director, PDEA cc: Mr. John Hennessy, Division of Water Quality Mr. Travis Wilson, NCWRC Ms. Cathy Brittingham, NCDCM Ms. Lynn Mathis, NCDCM Mr. Jay Bennett, P.E., Roadway Design Mr. Omar Sultan, Programming and TIP Mr. Art McMillan, P.E., Highway Design Mr. David Chang, P.E., Hydraulics Mr. Greg Perfetti, P.E., Structure Design Mr. Mark Staley, Roadside Environmental Mr. Don Conner, P.E., Division 1 Engineer Mr. Clay Willis, Division I Environmental Officer Mr. David Franklin, USACE, Wilmington R FORM DCM-MP-1 APPLICATION (To be completed by all applicants) b. City, town, community or landmark 1. APPLICANT Knotts Island NC C. Street address or secondary road number a. Landowner: NC 615 Name N.C Dept. of Transportation d. Is proposed work within city limits or planning jurisdiction? Yes X No Address 1548 Mail Service Center e. Name of body of water nearest project (e.g. City Raleigh State NC river, creek sound, bay) Back Bay, Corey's Ditch Zip 27699-1548 Day Phone(919)733-3141 3. DESCRIPTION & PLANNED USE Fax (919) 733-9794 OF PROPOSED PROJECT b. Authorized Agent: a. List all development activities you propose e.g. building a home, motel, marina, bulkhead, pier, Name and excavation and/or filling activities. Bridge Construction: Existing location over Address Corey's Ditch City State Zip Day Phone b. Is the proposed activity maintenance of an existing project, new work, or both? Fax New Work C. Project name (if any) TIP. No. B-3445 C. Will the project be for public, private or commercial use? Public d. Give a brief description of purpose, use, Note: Permit will be issued in name of landowner(s), methods of construction and daily operations and/or project name. of proposed project. If more space is needed, please attach additional pages. Purpose: to replace degrading Bridge No. 7 over Corey's Ditch at the existing location to provide safer 2. LOCATION OF PROPOSED and more efficient traffic operations. PROJECT Methods of construction: Staged construction a. County Currituck Revised 03/95 40 FORM DCM-MP-I 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract 2.3 ac b. Size of individual lot(s) n/a Approximate elevation of tract above MHW or NWL 5.0 d. Soil type(s) and texture(s) of tract see pg. 5 of the CE e. Vegetation on tract Marsh grass (seeps 8&9 of the CE) f.. Man-made features now on tract Parking along roadway, wood foot bridges on both sides of the bridge g. What is the CAMA Land Use Plan land classification of the site? (Consult the local land use plan.) X Conservation Transitional Developed - Community Rural Other h. How is the tract zoned by local government? Agriculture Is the proposed project consistent with the applicable zoning? X Yes _ No (Attach zoning compliance certificate, if applicable.) Has a professional archaeological assessment been done for the tract? X Yes No If yes, by whom? SHPO M. Describe existing wastewater treatment facilities n/a Describe location and type of discharges to waters of the state. (For example, surface runoff sanitary wastewater, industrial/commercial effluent, "wash down", and residential discharges.) Surface runoff o. Describe existing drinking water supply source. n/a 5. ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: * A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. * An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale in black ink on an 8 1/2" by 11" white paper. (Refer to Coastal Resources Commission Rule 710203 for a detailed description.) k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? _ Yes X No Are there wetlands on the site? X Yes -No Coastal (marsh) X Other _ If yes, has a delineation been conducted? Yes (Attach documentation, if available) Please note that original drawings are preferred and only high quality copies will be accepted. Blue-line prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U. S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the Revised 03/95 FORM DCM-MP-1 site. Include highway or secondary road (SR) number, landmarks, and the like. * A Stormwater Certification, if one is necessary. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Upon signing this form, the applicant further certifies that such notice has been provided. Name see sheet of9 of permit drawings Address Phone Name Address Phone Name Address Phone * A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. * A signed AEC hazard notice for projects in oceanfront and inlet areas. A statement of compliance with the N. C. Environmental Policy Act (N.C.G.S. 113A-1 to 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. I certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. 'tpoy' This is the 1( day of M,•l' Print Name1 ` P 5 tT6tYy s Signature Landown or Authorized Agent Please indicate attachments pertaining to your proposed project. X DCM MP-2 Excavation and Fill Information DCM MP-3 Upland Development DCM MP-4 Structures Information X DCM MP-5 Bridges and Culverts DCM MP-6 Marina Development NOTE: Please sign and date each attachment in the space provided at the bottom of each form. Revised 03/95 Form DCM-MP-2 EXCAVATION AND FILL (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-I. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Describe below the purpose of proposed excavation or fill activities. All values to be given in feet. Average Final Existing Project Length Width Depth Depth Access channel (MLW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shoreline stabilization) 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards none_ b. Type of material to be excavated _ c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? Yes X No d. High ground excavation in cubic yards None 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area upland area b. Dimensions of disposal area The contractor will be responsible for the disposal area. c. Do you claim title to disposal area? Yes X No If no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? _ Yes No If yes, where? N/A Revised 03/95 Form DCM-MP-2 e. Does the disposal area include any coastal wetlands If yes, (marsh), SAVs or other wetlands? Yes X No f. Does the disposal include any area in the water? Yes X No 3. SHORELINE STABILIZATION N/A a. Type of shoreline stabilization Bulkhead X Riprap b. Length 715 ft c. Average distance waterward of MHW or NWL 7ft d. Maximum distance waterward of MHW or NWL 14 ft e. Shoreline erosion during preceding 12 months N/A (Source of information) f. Type of bulkhead or riprap material Rock Plating g. Amount of fill in cubic yards to be placed below water level (1) Riprap 390 CY (2) Bulkhead backfill N/A h. Type of fill material Rock Plating i. Source of fill material Contractor will supply if needed. 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? X Yes No (1) Amount of material to be placed in the water (2) Dimensions of fill area O-la74? (3) Purpose of fill to fill with proper materials for road construction b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? X Yes No If yes, (1) Dimensions of fill area O. ! $A o,c. (2) Purpose of fill to fill with proper materials for road construction 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? silt fence, sheet piling inlet protection b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? backhoe bulldozer, crane c. Will wetlands be crossed in transporting equipment to project site? Yes X No If yes, explain steps that will be taken to lessen environmental impacts. NCDOT - TIP No. B-3445 Scan, or Proj ur Date -T Revised 03/95 Form DCM-MP-5 BRIDGES AND CULVERTS Attach this form to Joint Application for CAMA Major (4) Will all, or a part of, the existing culvert be Permit, Form DCM-MP-1. Be sure to complete all removed? (Explain) other sections of the Joint Application that relate to this proposed project. g. Length of proposed bridge 180 ft 1. BRIDGES h. Width of proposed bridge 40 ft a. Public X Private i. Height of proposed bridge above wetlands b. Type of bridge (construction material) 2.7 ft to 6.7 ft Concrete deck slab bridge with steel piles and post and beam bents j. Will the proposed bridge affect existing water flow? Yes X No C. Water body to be crossed by bridge If yes, explain Corey's Ditch d. Water depth at the proposed crossing at MLW or NWL 17 ft at mean tide level k. Navigation clearance underneath proposed bridge e. Will proposed bridge replace an existing bridge? Low chord raised 2.3 ft from existing bridge Yes No X clearance will vary, due to tidal influence _ _ If yes, I. Will the proposed bridge affect navigation by (1) Length of existing bridge 96 ft reducing or increasing the existing navigable (2) Width of existing bridge 22 ft opening? X Yes No (3) Navigation clearance underneath existing If yes, explain will increase opening allowing bridge n/a small boat passage (4) Will all, or a part of, the existing bridge be removed? (Explain) all in. Will the proposed bridge cross wetlands containing no navigable waters? X Yes No f. Will proposed bridge replace an existing culvert(s)? If yes, explain proposed structure will cross Yes X No existing wetlands south of the existing location If yes, (1) Length of existing culvert (2) Width of existing culvert (3) Height of the top of the existing culvert above n. Have you contacted the U. S. Coast Guard the MHW or NWL concerning their approval? X Yes No If yes, please provide record of their action. see Appendix of the CE Revised 03/9 Form DCM-MP-5 j. Will the proposed culvert affect existing navigation 2. CULVERTS potential? Yes No If yes, explain a. Water body in which culvert is to be placed b. Number of culverts proposed 3. EXCAVATION AND FILL C. Type of culvert (construction material, style) a. Will the placement of the proposed bridge or culvert require any excavation below the MHW or NWL? Yes No d. Will proposed culvert replace an existing bridge? If yes, Yes No (1) Length of area to be excavated If yes, (2) Width of area to be excavated (1) Length of existing bridge (3) Depth of area to be excavated (2) Width of existing bridge (4) Amount of material to be excavated in cubic (3) Navigation clearance underneath existing yards bridge (4) Will all, or a part of, the existing bridge be b. Will the placement of the proposed bridge or culvert removed? (Explain) require any excavation within: Coastal Wetlands _ SAVs _ Other Wetlands If yes, (1) Length of area to be excavated e. Will proposed culvert replace an existing culvert? (2) Width of area to be excavated Yes No (3) Amount of material to be excavated in cubic If yes, yards (1) Length of existing culvert (2) Width of existing culvert c. Will the placement of the proposed bridge of culvert (3) Height of the top of the existing culvert above require any highground excavation? the MHW or NWL Yes X No (4) Will all, or a part of, the existing culvert be If yes, removed? (Explain) (1) Length of area to be excavated (2) Width of area to be excavated (3) Amount of material to be excavated in cubic yards f. Length of proposed culvert d. If the placement of the bridge or culvert involves g. Width of proposed culvert any excavation, please complete the following: (1) Location of the spoil disposal area h. Height of the top of the proposed culvert above the (to be determined by contractor) MHW or NWL (2) Dimensions of spoil disposal area (to be determined by contractor) i. Will the proposed culvert affect existing water flow? (3) Do you claim title to the disposal area? Yes No Yes X No If yes, explain If no, attach a letter granting permission from the owner. Revised 03/95 Form DCM-MP-S (4) Will the disposal area be available for future maintenance? Yes _ No N/A (5) Does the disposal area include any coastal wetlands (marsh), SAVs, or other wetlands? Yes X No If yes, give dimensions if different from (2) above. n/a (6) Does the disposal area include any area below the MHW or NWL? Yes No If yes, give dimension if different from No. 2 above. n/a b. Will the proposed project require the relocation of any existing utility lines? X Yes - No If yes, explain. in detail telephone, power lines and fiberoptic lines c. Will the proposed project require the construction of any temporary detour structures? Yes X No If yes, explain in detail Will the placement of the proposed bridge or culvert result in any fill (other than excavated material d. Will the proposed project require any work described in Item d. above) to be placed below channels? Yes X No MHW or NWL? _,2&_ Yes No If yes, complete Form DCM-MP-2 If yes, (1) Length of area to be filled 6y e. (2) Width of area to be filled G JP4:_ (3) Purpose of fill o t ur; % W? er mrc!'icia?, ?f (p?r? !?n'?'1C t?io41 f. Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d. above) to be placed within: X. Coastal Wetlands _ SAVs _ Other Wetlands If yes, (1) Length of area to be filled + G75 J;k' (2) Width of area to be filled IS - - (3) Purpose of fill +;c Z;tj W ?Vnr 1" aK'1 1 ot- gaud ConSltuc?:?,?n Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d. above) to be placed on highground? Yes X No If yes, (1) Length of area to be filled (2) Width of area to be filled (3) Purpose of fill 4. GENERAL Will the proposed project involve any mitigation? X Yes No If yes, explain in detail See attached hermit application for details. How will excavated or fill material be kept on site and erosion controlled? Sheet Piling silt fence; NCDOT Sedimentation and Erosion Control Guidelines will be followed. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? backhoes bulldozer, crane, and other necessary equipment to replace bridge Will wetlands be crossed in transporting equipment to project site? Yes X No If yes, explain steps that will be taken to lessen environmental impacts. Will the placement of the proposed bridge or culvert require any shoreline stabilization? X Yes No If yes, explain in detail Rock plate for stabilization NCDOT - TIP No. B-3445 Applicant or Project Name Signature I Date Revised 03/95 BEGIN PROJECT B-3445 TO US 58 z ? 0 a r :.A Z? END PROJECT 8-3445 VA ??..?._ _..T _.._.._.._.._.._.._.._.._.._.._..__.. _N_.. Back , Bay, • KNOTTS IS N • in, SITE 1 PRoposEfl V 34" ALUV411JMVM PIPE (3%j ?•o' KAY ISLAND NATIONAL WILDLIFE REFUGE Rr:Mov&- AM D OL,D Pipe WtTN 30, p MACKAY ALtAfW1NUv*l PIPE Bvieieo 1•o j ISLAND F-v. 3Iz-7 123 • N.C. DEPT. OF TRANSPORTATION DIVISION OF HIGHWAYS SCALE 5 0 1 Mile CURRITUCK COUNTY PROJECT: 8.1040601 (B-3445) PROPOSED REPLACENIENT OF BRIDGE NO.7 OVER COREYS DITCH SHEET OF 2 8/28/01 SEE INSET BELON LEGEND --•WLB---- WETLAND BOUNDARY WETLAND WLB' ® DENOTES FILL IN WETLAND ® DENOTES FILL IN SURFACE WATER ® DENOTES FILL IN SURFACE WATER (POND) ® DENOTES TEMPORARY FILL IN WETLAND ®DENOTES EXCAVATION IN WETLAND ®DENOTES EXCAVATION IN SURFACE WATER DENOTES TEMPORARY FILL IN SURFACE WATER • • DENOTES MECHANIZED • • •• • • • CLEARING E- F-- FLOW DIRECTION TB om TOP OF BANK - WE - EDGE OF WATER C-- PROP. LIMIT OF CUT -- F-- PROP. LIMIT OF FILL -? PROP. RIGHT OF WAY -- NG--• NATURAL GROUND ---E(--- PROPERTY LINE -TDE- TEMP. DRAINAGE EASEMENT -PDE- PERMANENT DRAINAGE EASEMENT -•EAB-- EXIST. ENDANGERED ANIMAL BOUNDARY -•EPB-- EXIST. ENDANGERED PLANT BOUNDARY ---- ••-••-••- WATER SURFACE N.C. DEPT. OF TRANSPORTATION DIVISION OF HIGHWAYS CURRITUCK COUNTY PROJECT. 8.1040601 (B-3446) PROPOSED REPLACEMENT OF BRIDGE NO.7 OVER COREYS DITCH SHEET ) OF -9- 8 / m / 01 XXXXX a LIVE STAKES BOULDER --- COIR FIBER ROLLS O ADJACENT PROPERTY OWNER OR PARCEL NUMBER PROPOSED BRIDGE PROPOSED BOX CULVERT PROPOSED PIPE CI&VERT (DASHED LINES DENOTE EXISTNG STRUCTURES) 0 SINGLE TREE WOODS LINE ¦ DRAINAGE INLET ROOTWAD VANE RIP RAP RIP RAP ENERGY DISSIPATOR BASIN chi m c L O U 0.0 00+ZZ 'd1S 3N11HO104 z ag a I/ •5q i `` I I c? ?r l I LL '^ I I ?. N O ? I ? I I ? I l }.Zl ,Z,r Al I? °° J J W V1G NW W 2 W U H Q F Q O i OW W W W = I I O i O Vf I I N 1 \ I I I I ? I ? I I ? I o q .I la ? \ a \ gi Ig \? I i I ? N 09+9Z *VI S 3NIlHO1 VyV U. s Q ? v I I r3 4 LL o ? 0 0 00 + 0 oa L w N 0 2 ,)Q cif TB /z S o ?- ,0 cn £? N 3 =k 1 j 41 3:? ?I II ?I I ?I A( I3 2 a m w w z low* a ? 1 10 ?p W Z ILJ a t'1 2 ? o ? Q ? S \ A ? S? A pr,) 09 flL o ? 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No. B-3445 CATEGORICAL EXCLUSION And PROGRAMMATIC SECTION 4(F) EVALUATION AND APPROVAL U.S. DEPARTMENT OF TRANSPORTATION FEDERAL HIGHWAY ADMINISTRATION AND N.C. DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS APPROVED: /C0 Date It/ Willis D. Gilm , P.E., Manager Project Development and Environmental Analysis Branch North Carolina Department of Transportation I - - ??, A g 120W .1111 7 Date holas L. Graf, P.E. Vivision Administrator Federal Highway Administration NC 615 Currituck County Bridge No. 7 over Corey's Ditch Federal-Aid Project No. BRZ-615(1) State Project 8.1040601 T.I.P. No. B-3445 CATEGORICAL EXCLUSION And PROGRAMMATIC SECTION 4(F) EVALUATION AND APPROVAL July 2000 Documentation Prepared by Carter & Burgess, Inc. CUal, ,?.•?•??4.i?ESS10 •ti % Wesle fransporta Staffor SEAL s: Y 19007 Senior ion Engineer s? .??':.•• NGI tr?.? ••' a •. ?. !fir •......••• ??.r v Thomas K. Go in, P.E. Transportation nit Manager For the North Carolina Department of Transportation t Stacy B. Harris, P.E. Project Manger Consulting Engineering Unit PROJECT COMMITMENTS NC 615 Currituck County Bridge No. 7 over Corey's Ditch Federal-Aid Project No. BRZ-615(1) State Project 8.1040601 T.I.P. No. B-3445 In addition to the standard Nationwide Permit #33 and #23 Conditions, the General Nationwide Permit Conditions, Section 404 Only Conditions, Regional Conditions, State Consistency Conditions, NCDOT's Guidelines for Best Management Practices for Bridge Demolition and Removal, General Certification Conditions, and Section 401 Conditions of Certification, the following special commitments have been agreed to by NCDOT: Division • In order to avoid negative impacts to spawning populations of fish species at this project site, no in-water work will be conducted between March 31 and September 30. • NCDOT will implement Best Management Practices for Bridge Demolition and Removal. • NCDOT will utilize the USFWS construction guidelines regarding manatee habitat. Categorical Exclusion Green Sheet July 2000 NC 615 Currituck County Bridge No. 7 over Corey's Ditch Federal-Aid Project No. BRZ-615(1) State Project 8.1040601 T.I.P. No. B-3445 INTRODUCTION: Bridge No. 7 is included in the 2000-2006 North Carolina Department of Transportation (NCDOT) Transportation Improvement Program and in the Federal-Aid Bridge Replacement Program. The location is shown in Figure 1. No substantial environmental impacts are anticipated. The project is classified as a Federal "Categorical Exclusion." 1. PURPOSE AND NEED Bridge Maintenance Unit records indicate the bridge has a sufficiency rating of 31.5 out of a possible 100 for a new structure. The bridge has an estimated remaining life of five (5) years. The bridge is considered functionally obsolete and structurally deficient. The replacement of this inadequate structure will result in safer and more efficient traffic operations. II. EXISTING CONDITIONS NC 615 is classified as a Rural Minor Collector on the Statewide Functional Classification System. This section of NC 615 is a designated bicycle route, NC Bicycling Highway-North Line Trace, Map G-10. The speed limit along NC 615 is posted at 45 miles (72.5 kilometers) per hour. Bridge No. 7 is located on NC 615 approximately 2.3 miles (3.7 kilometers) north of the junction of NC 615 with SR 1255. NC 615 provides the only roadway access between the state of Virginia and Knotts Island, a small community located on the southern end of the peninsula. Mackay Island Natural Wildlife Refuge borders the bridge to the south and Back Bay borders the bridge to the north. Bridge No. 7 is a two-lane structure, built in 1936 (Figures 3 and 4), with timber caps and piles supporting a reinforced concrete slab on continuous I-beams. The bridge consists of four spans totaling 95 feet (29 meters) in length. The deck width is 25.2 feet (7.7 meters) with a clear roadway width of 22 feet (6.7 meters). A raised curb width of five inches (0.1 meters) is located at the edge of the 11-foot (3.4-meter) lane on both sides of the bridge. A concrete bridge rail runs along both sides of the bridge. The current posted weight limit is 15 tons (13.6 metric tons) for single vehicles and 22 tons (20 metric tons) for truck-tractors and semi-trailers. In 1980, timber sidewalks, four feet (1.2 meters) wide with timber railings, were constructed outside the concrete bridge rail. The public uses the walkways primarily for fishing from the bridge. A fishing notice (for fishing in the Mackay Island National Wildlife Refuge), warning of the need for a permit, allowable limits and maximum fine, is posted at the northeast approach. Near the bridge, NC 615 is a two-lane facility with 19 feet (5.7 meters) of pavement. The shoulders of the roadway, on the east and west sides of the bridge, are paved to accommodate parked vehicles near the bridge. Existing right of way is 50 feet (15 meters) wide with no control of access. The bridge inspection report indicates a serious problem with erosion on the northern bank, which runs along an expanse of open water. Corey's Ditch, which flows under the bridge is tidal and is currently not navigational with a clearance of 0.5 feet (0.15 meters) under the bridge at high tide. The eastbound approach to the bridge has a mild reverse curve. The westbound approach is tangent. The roadway grade on NC 615 is relatively flat on both sides of the bridge. The height of the bridge above the canal bed measured from the top of the rail is 16 feet (4.9 meters) with a canal depth of nine feet (2.7 meters). The 1999 traffic volume was approximately 1,400 vehicles per day (vpd) on NC 615. The traffic volumes are expected to increase to 2,100 vpd by the year 2025. The projected volume includes one-percent truck-tractor semi-trailer (TTST) and two- percent dual-tired vehicles (Duals). Multiple utility lines, both aerial and underground, parallel NC 615 along both sides of the bridge. Aerial cables include telephone and electrical power lines. A buried phone cable with conduit is attached to the structure on the north side. During the period of January 1, 1995 to December 31, 1997, there were no accidents in the project area. Four (4) school buses cross Bridge No. 7 four times daily, for a total of 16 school bus trips per day. Bridge No. 7 is also used for school-related activity trips and serves as the evacuation route for residents of Knotts Island and students at the elementary school. ALTERNATIVES A. Proiect Description The proposed structure will provide a 24-foot (7.2-meter) travel way with six-foot (1.8 meter) shoulders for a clear roadway width of 36 feet (11 meters) (see Figure 2). A 7.5- foot (2.2-meter) wide walkway with a 54-inch (1.4-meter) high outside rail will be provided on each side of the bridge. A jersey type barrier, with a 22-inch (0.6 meter) two-bar metal rail mounted on top will separate the roadway and walkways. The total height of the inside railing will be 54-inches (1.4 meters) also to increase safety for pedestrians and accommodate bicycle traffic. The proposed roadway approaches consist of two, 12-foot (3.6-meter) lanes with eight-foot (2.4-meter) shoulders, including four feet (1.2 meters) full depth paved. The shoulders of the roadway, on the east and west sides of the bridge, beyond the guardrail, will be paved for 100 feet (30.5 meters) to accommodate vehicles parking near the bridge. Required right-of-way is 60 feet (18.2 meters) with additional temporary construction easements as required. 2 Based on a preliminary hydraulic analysis, the new structure is recommended to have a length of approximately 170 feet (51.8 meters). The elevation of the new structure will be approximately two feet (0.6 meters) higher than the existing structure. The length and opening size of the proposed bridge may be increased or decreased as necessary to accommodate peak flows as determined from a more detailed analysis during the final design phase of the project. B. Reasonable and Feasible Alternatives One (1) reasonable and feasible alternative was studied for this project (Figure 5) Alternative A - consists of replacing the bridge at the existing location in stages. A portion of the existing bridge will be demolished while maintaining, one-lane, two-way traffic on the remaining portion. This will allow the new structure to be partially constructed. Once the new structure is sufficient to allow one-lane, two-way traffic, the remainder of the existing structure will be removed and the remainder of the new structure constructed. Temporary traffic control signals will be required on both approaches to the bridge during construction to control the one-lane, two-way traffic. C. Alternatives Eliminated From Further Study A "do-nothing" alternate would eventually necessitate closure of the bridge due to its poor condition. The "do-nothing" alternate is not prudent due to the essential traffic service provided by NC 615 to Knotts Island. Alternative N - consists of replacing the bridge at the existing location with an on-site detour to the north. During construction, traffic would be maintained on a two-lane temporary detour just north of the existing bridge. The temporary detour would be approximately 700 feet (213.4 meters) in length and include a 24-foot (7.2-meter) wide, 95-foot (29-meter) long bridge. Embankment would be required in the waters of Back Bay. Once the new bridge and approaches are completed and opened to traffic, the detour would be removed and the area returned to its natural conditions. This alternative was eliminated from further consideration because of the high cost of embankment and bridge required for the detour of traffic. Alternative S - consists of replacing the bridge at the existing location with an on-site detour to the south. During construction, traffic would be maintained on a two-lane temporary detour just south of the existing bridge. The temporary detour would be approximately 700 feet (213.4 meters) in length and include a 24-foot (7.2-meter) wide, 95-foot (29-meter) long bridge. Embankment would be required in the marsh area, which falls within the boundaries of the Mackay Island Wildlife Refuge. Once the new bridge and approaches are completed and opened to traffic, the detour would be removed and the area returned to its natural conditions. This alternative was eliminated from further consideration because of increased environmental impacts to the marsh area. Rehabilitation of the existing bridge is not feasible due to its age and deteriorated condition. 3 An off-site roadway detour is not available. The only other available access to Knotts Island is by ferry, which operates across the Currituck Sound between a dock at the south end of the island and the Town of Currituck. D. Preferred Alternate Bridge No. 7 will be replaced at its current location (Figure 5). Alternate A is recommended because it minimizes impacts to the environment. The Division 1 Engineer concurs with the selection of Alternative A as the Preferred Alternative. The North Carolina Department of Environment and Natural Resources (NCDENR), Division of Coastal Management, and the United States Department on the Interior, Fish and Wild Life Service, MacKay Island National Wildlife Refuge, concur with the selection of Alternative A as the Preferred also. IV. ESTIMATED COST The estimated costs, based on current prices, are as follows: Alternate A Preferred New Bridge Structure $ 563,550.00 Bridge Removal 21,802.00 Roadway & Approaches 87,611.20 Mobilization &Miscellaneous 241,000.00 Engineering & Contingencies 136,036.80 Total Construction $1,050,000.00 Right of Way 18,150.00 Total Costs $1,068,150.00 The estimated cost of the project, shown in the 2000-2006 NCDOT Transportation Improvement Program (TIP) is $584,000. This cost was based on an estimated right of way cost of $44,000 and a construction cost of $540,000. The project is scheduled for right-of-way acquisition in federal fiscal year (FFY) 2001 and construction in FFY 2002. No relocations are anticipated as a result of this project. V. NATURAL RESOURCES A. Methodoloav The site was visited on December 29, 1998. The study corridor was walked and visually surveyed for important features. For purposes of this evaluation, the study corridor was assumed to measure approximately 1,110 feet (338 meters) in length and 200 feet (61 meters) in width. Impact calculations for each alignment are based on a corridor width of 80 feet (24 meters) for each alternative. Special concerns evaluated in the field include potential habitat for protected species, wetlands, and water quality protection in Cory's Ditch and Back Bay. Currituck County participates in the National Flood Insurance Program (NFIP). The bridge is located in a detailed study area and the base (100 year) flood elevation is 6 feet (1.8 meters). Since Bridge No. 7 crosses a canal with 100-year flood elevations that 4 are determined from coastal storm surge, no floodways are defined. Since the proposed bridge is an in-kind replacement, it is anticipated that this project will not have any adverse effect or impact on the existing floodplain or the adjacent properties and existing structures. Materials and research data referenced in support of this investigation have been derived from a number of sources including: applicable U.S. Geological Survey (USGS) topographic mapping (Knott's Island, NCNA and Creeds, NC), U.S. Fish and Wildlife Service (FWS) National Wetlands Inventory mapping (7.5 minute quadrangles), Natural Resources Conservation Service (NRCS) soils mapping (USDA 1982), and recent aerial photography. Plant community descriptions are based on a classification system utilized by North Carolina Natural Heritage Program (NHP) (Schafale and Weakley 1990). When appropriate, community classifications were modified to better reflect field observations. Vascular plant names follow nomenclature found in Radford et at (1968). Jurisdictional areas were evaluated using the three-parameter approach (hydrophytic vegetation, hydric soils, wetland hydrology) following U.S. Army Corps of Engineers (COE) wetland delineation guidelines (DOA 1987). Jurisdictional areas were characterized according to a classification scheme established by Cowardin et at (1979). Habitat used by terrestrial wildlife and aquatic organisms, as well as expected population distributions, were determined through field observations, evaluation of available habitat, and supportive documentation (Martof et at 1980, Webster et at 1985, Menhinick 1991, Hamel 1992, Rohde et at 1994, Potter et at 1980, Palmer and Braswell 1995, Hamel 1992, Robins et at 1986, Parnell et at 1991, Fussell 1994, Wiegert and Freeman 1990, Linzey 1998, Gosner 1978, and Odum et at 1984). Water quality information for area streams and tributaries was derived from available sources (DWQ 1997, DWQ 1998). Quantitative sampling was not undertaken to support existing data. The most current FWS listing of federal-protected species with ranges, which extend into Currituck County was obtained prior to initiation of the field investigation. In addition, NHP records documenting presence of federal- or state-listed species were consulted before commencing the field investigation. B. Physiolopy and Soils The study corridor is located in the Outer Coastal Plain or Tidewater physiographic province of North Carolina. Regional topography is generally flat, and consists primarily of emergent shrub/marsh grass complex and scattered mixed forest transected by natural streams and man-made canals. The landscape elevation does not exceed 5 feet (1.5 meters) National Geodetic Vertical Datum (NGVD) within 1 mile (1.6 kilometers) of the study corridor. The highest elevation within the study corridor is approximately 3 feet (0.9 meters) NGVD at the road facility surface (Knott's Island, NCNA 7.5-minute quadrangle). The entire study corridor is mapped as Currituck mucky peat (Terric Medisaprists). This soil series is listed as hydric within Currituck County (NRCS 1996). Currituck mucky peat is characterized as a very poorly drained soil with moderate to moderately rapid permeability. Currituck soils are frequently flooded for very long periods and typically occur on broad, flat marshes along margins of the Currituck and Albemarle Sounds. 5 C. Water Resources 1. Stream Crossing The study corridor is located within sub-basin 03-01-54 of the Pasquotank River Basin (DEM 1997). This area is part of USGS accounting unit 03010205 of the South Atlantic- Gulf Region. Corey's Ditch has not been assigned a Stream Index Number by the N.C. Division of Water Quality (DWQ); however, Corey's Ditch is an extension of North Landing River, which has a Stream Index Number of 30-1-2 (DWQ 1998). The bridge proposed for replacement crosses Corey's Ditch at its confluence with Back Bay approximately 1.1 miles (1.8 kilometers) north of its confluence with North Landing River. The hydrological source of water within Corey's Ditch and the adjacent marshes is a combination of 1) wind-blown tides moving between Back Bay and North Landing River; 2) inland runoff; and 3) direct precipitation. A result of the unpredictability of these hydrological forces is that project corridor marshes are characterized by irregular flooding. 2. Stream Characteristics Corey's Ditch is a linear, man-made canal that connects the waters of Back Bay and North Landing River. The canal is approximately 105 feet (32 meters) wide and 4 feet (1.2 meters) deep. The canal is typically characterized by low-velocity flow over an unconsolidated substrate. Little or no rooted aquatic vegetation is apparent, nor is there evidence of accumulation of organic debris (wrack) in the canal. The banks of the canal and Back Bay support a complex of emergent brackish marsh grasses and scattered shrub vegetation. Corey's Ditch is approached by the highway causeway at right angles (on a northwest/southeast axis) and makes a perpendicular bridge crossing. During the field survey, water in Corey's Ditch was flowing at a moderate velocity from north to south. Water-column turbidity was high during the visit, possibly due to runoff from an extended rainfall event that had been in progress for several days prior to the visit. Classifications are assigned to waters of the State of North Carolina based on the existing or contemplated best usage of various streams or segments of streams within a basin. As a channeled extension of North Landing River, Corey's Ditch is assumed to have a best usage classification of SC, the same classification as North Landing River (DWQ 1998). The designation SC denotes tidal salt waters suitable for uses such as aquatic life propagation and survival, fishing, wildlife, secondary recreation, and agriculture. Secondary recreation refers to any activity in which bodily contact with water occurs on an infrequent or incidental basis (DWQ 1998). No waters designated High Quality Waters (HQW), Outstanding Resource Waters (ORW), Water Supply I (WS-1), or Water Supply II (WS-11) occur within one mile (1.6 kilometers) of the study corridor. No North Carolina Natural and Scenic Rivers or national Wild and Scenic Rivers are located within the vicinity of the project area. The Division of Water Quality (DWQ) (previously known as the Division of Environmental Management [DEM], Water Quality Section) has initiated a whole-basin approach to water quality management for the 17 river basins within the state. Water quality for the proposed project area is summarized in Pasquotank River Basinwide 6 Water Quality Management Plan (DWQ 1997). The proposed project area is located in Subbasin 54 of the Pasquotank River Basin. No major dischargers reside in this subbasin. Non-point source discharges in the vicinity of the project can be characterized as primarily agricultural runoff. Sediments and nutrients are a major problem associated with non-point source discharges and often result in fecal coliform, heavy metals, oil from roads, and increased nutrient levels in surface waters. Benthos samples collected within the basin have provided inconclusive water quality results because "saline conditions and natural swamp conditions (low flow and low dissolved oxygen) make an interpretation of benthic macro-invertebrate results difficult" (DWQ 1997). As a result of the difficulties inherent to the region in describing water quality through interpretation of benthos sampling, DWQ (1997) states that "water chemistry data in low flow-low dissolved oxygen conditions have been used to determine water quality." User-support information concerning water quality indicates that Corey's Ditch is Support- Threatened for its intended uses. 3. Anticipated Impacts a. General Impacts Alternate A will not result in the loss of open water habitat; however, short-term impacts to water quality, such as sedimentation and turbidity, can be anticipated from construction-related activities. The contractor will follow contract specifications pertaining to erosion control measures as outlined in 23 CFR 650 Subpart B and Article 107-13 entitled "Control of Erosion, Siltation, and Pollution" (NCDOT, Specifications for Roads and Structures). These measures include: the use of dikes, berms, silt basins, and other containment measures to control runoff; elimination of construction staging areas in the marsh and adjacent waterways; re-seeding of herbaceous cover on disturbed sites; management of chemicals (herbicides, pesticides, de-icing compounds) with potential negative impacts on water quality; and avoidance of direct discharges into the canal or bay by catch basins and roadside vegetation, as applicable. The proposed bridge replacement will allow for continuation of present canal flows, thereby protecting system integrity. Long-term impacts to the canal and adjacent waters are expected to be negligible. In order to minimize impacts to water resources, the 'NCDOT Best Management Practices for Protection of Surface Waters (BMPs) will be strictly enforced during the entire life of the project. b. Impacts Related to Bridge Demolition and Removal Bridge No. 7 is located on NC 615 over a canal (Corey's Ditch) in Currituck County. The substructure consists of timber caps on timber piles. Bridge demolition calculations were completed for the project. It was determined that 56.8 cubic yards (43.4 cubic meters) of concrete fill material could potentially be dropped in the water during the removal of the existing structure. Corey's Ditch is classified as High Quality Water, this project fall into the Case 2 category as identified in NCDOT's Best Management Practices for Bridge Demolition and Removal (BMP-BDR), where there is no work at all in the water during moratorium periods associated with fish migration, spawning, and where larval recruitment into nursery areas occurs (see project commitments). 7 D. Biotic Resources 1. Plant Communities Two distinct plant communities were identified within the study corridor: brackish marsh emergent, and roadside/disturbed land. These plant communities are described below. Brackish Marsh Complex - This community occurs on relatively flat landscapes at approximate sea level near the upper (landward) extent of estuaries, where fresh water runoff from inland dilutes saline waters from the ocean. Salinities within the brackish marsh complex may vary from less than 0.5 parts per thousand (ppt) to greater than 30 ppt; however, salinities within this community are typically low (approximately 0.5 to 5.0 ppt; considered an oligohaline environment). Plant species occurring within the project corridor marsh indicate a generally low-salinity environment. This community is very similar to that described as Brackish Marsh by Schafale and Weakley (1990). The brackish marsh complex consists primarily of emergent grasses and also contains herbs. Scattered shrubs and stunted trees occur on mounds and along upland fringes. Extensive brackish marsh occurs southeast and southwest of the bridge crossing and as a narrow fringe along the shoreline of Back Bay northeast and northwest of the bridge crossing. Species diversity is low in this community, and species are generally distributed in homogeneous bands or zones within the marsh. No single species dominates the marsh in the project corridor. Common grasses and herbs include black needlerush (Juncus roemerianus), salt grass (Distichlis spicata), giant cordgrass (Spartina cynosuroides), saltmarsh cordgrass (S. patens), narrow-leaved cat-tail (Typha angustifolia), giant plume grass (Ehanthus gigantea), and common reed (Phragmites communtys). Scattered shrubs include red maple (Acer rubrum), red mulberry (Morus rubra), wax myrtle (Myrica cerifera), and marsh mallow (Hibiscus moscheutos). One species of seagrass was noted within Corey's Ditch, Eurasian water milfoil (Myriophyllum heterophyllum). Eurasian water milfoil is a common submersed rooted vascular (SRV) plant of this region that fluctuates annually in abundance and may form dense beds. The Back Bay shoreline appeared to be barren of SRVs, possibly due to periodic high-energy wave action. The abrasive action of sands and silts and water column turbidity resulting from erosion of the marsh face likely reduces habitat suitability for seagrasses within the project corridor. Roadside/Disturbed Land - Roadside/disturbed land consists of paved highway and associated road shoulders. This community has established on fill material placed in the marsh to build a road causeway. The road shoulders support low herbs and grasses, which are maintained by regular mowing. Some stunted trees and shrubs have also established near the high tide line. Invasive grasses and herbs dominate roadside/disturbed land. Common species include vasy grass (Paspalum urvillei), dandelion (Taraxacum officinale), foxtail grass (Setaria geniculata), spiny-leaved sow-thistle (Sonchus aspen, seaside goldenrod (Solidago sempervirens), henbit (Lamium amplexicaule), Carolina cranesbill (Geranium carolinianum), clover (Trifolium repens), and vetch (Vicia angustifolia). Stunted trees and shrubs on road shoulder margins include: elderberry (Sambucus canadensis), 8 blackberry (Rubus sp.), swamp willow (Salix caroliniana), silverling (Baccharis halimifolia), and sweetgum (Liquidambar styraciflula). The following table indicates the amount of each plant community present within an 80-foot (24-meter) corridor centered on the existing road facility. Project Corridor Plant Community Plant Community Estimated Area Acres (hectares) Alternate A Brackish Marsh Complex 0.75 (0.30) Roadside/Disturbed Land 1.04 (0.42) Total 1.79 (0.72) From an ecological perspective, the impacts of bridge replacement in place are minimal relative to construction on new alignment. Similarly, impacts of replacement utilizing staged construction while maintaining traffic during construction are substantially less than replacement utilizing a detour. Implementation of Alternate A will result in no new fragmentation of plant communities. Permanent impacts to plant communities as a result of reconstruction without a detour are restricted to narrow strips or roadside/disturbed land adjacent to the existing bridge and causeway approach segments. Approximately 58 percent of Alternate A community coverage is disturbed and maintained as such (roadside/disturbed land), while 42 percent of community coverage is in a natural state (brackish marsh complex and maritime forest). 2. Wildlife Within the brackish marsh complex, only species utilizing the upper levels of marsh vegetation and air space over the marsh are considered primarily terrestrial. The road causeway provides a travel corridor for terrestrial mammals and reptiles to access marsh resources. Mammal signs (tracks, scat, road-kill, etc) were noted for several primarily-terrestrial species during this investigation. Evidence was found within the project corridor indicating presence of white tailed deer (Odocoileus virginianus), Virginia opossum (Didelphis virginiana), and raccoon (Procyon lotor). Other opportunistic and characteristic species expected to frequent project corridor habitats include southeastern shrew (Sorex longirostris), least shrew (Cryptotis parva), southern bog lemming (Synaptomys coopen), marsh rabbit (Sylvilagus palustris), marsh rice rat (Oryzomys palustris), white footed mouse (Peromyscus leucopus), meadow vole (Microtus pennsylvanicus), and bobcat (Fells rufus). Primarily terrestrial birds observed within or adjacent to the project corridor include: northern harrier (Circus cyaneus), American kestrel (Falco sparvedus), turkey vulture (Cathartes aura), marsh wren (Cistothorus palustris), cedar waxwing (Bombycilla cedrorum), yellow-rumped warbler (D. coronata), common yellowthroat (Geothlypis trichas), fish crow (Corvus ossifragus), red-winged blackbird (Agelaius phoeniceus), European starling (Sternus vulgaris), white-throated sparrow (Zonothrichia leucophrys), and savannah sparrow (Passerculus sandwichensis). Other species expected within 9 these habitats include: short-eared owl (Asio flammeus), gray catbird (Dumetella carolinensis), eastern kingbird (Tyrannus tyrannus), tree swallow (Tachycineta bicolor), barn swallow (Hirundo rustica), palm warbler (Dendroica palmarum), boat-tailed grackle (Quiscalus major), song sparrow (Melospiza melodia), and seaside sparrow (Ammosdrammus maritimus). Due to the season in which the field work was conducted, no terrestrial reptile or amphibian species were observed within the study corridor; however, reptiles expected to occur within the project corridor include: yellow rat snake (Elaphe obsolete quadrivittata) and rough green snake (Opheodrys aestivus). Most reptiles expected within the project corridor are aquatic oriented. One primarily aquatic mammal was observed during field surveys, a road-kill muskrat (Ondatra zibethicus). Other mammals expected to utilize the brackish marshes and open water creeks and canals include: nutria (Myocastor coypus), mink (Mustela vison), and river otter (Lutra canadensis). Aquatic-oriented birds observed during field surveys include: pied-billed grebe (Podilymbus podiceps), great blue heron (Ardea herodias), great egret (Casmerodius albus), glossy ibis (Plegadis falcinellus), Canada goose (Branta canadensis), wood duck (Aix sponsa), American black duck (Anas rubripes), mallard (A. platyrhynchos), gadwall (A. strepera), clapper rail (Rallus longirostris), common snipe (Gallinago gallinago), great black-backed gull (Larus marinus), ring-billed gull (L. delawarensis), Boneparte's gull (L. philadelphla), Forster's tern (Sterna fosten), and belted kingfisher (Ceryle alcyon). The project corridor is located in an important component of the Atlantic Flyway, a traditional corridor used by migratory birds. During the spring, and especially during the fall, large numbers of migratory waterfowl, shorebirds, and passerines utilize this region as resting and feeding areas. The local marshes are also utilized by waterfowl as wintering areas. A short list of other species expected to utilize the local aquatic habitats include: double-crested cormorant (Phalacrocorax auritus), osprey (Pandion hafiaetus), little blue heron (Egretta caerulea), snowy egret (E. thula), tricolor heron (E. tricolor), cattle egret (Bubulcus ibis), black-crowned night-heron (Nycticorax nycticorax), least bittern (Ixobrychus exilis), American coot (Fulica americana), laughing gull (Larus atricilla), and herring gull (L. argentatus). Aquatic reptiles expected within the project corridor include: snapping turtle (Chelydra serpentina), diamondback terrapin (Malaclemys terrapin), eastern mud turtle (Kinosternon subrubrum), eastern mud snake (Farancia abacura), rainbow snake (Farancia erytogramma), red bellied water snake (Nerodia erythrogaster), brown water snake (Nerodia taxispilota), and eastern cottonmouth (Agkistrodon piscivorus). Irregularly flooded, oligohaline waters and marshes are characterized by periodic fluctuations in water level, water chemistry (salinity, dissolved oxygen), and temperature. For this reason, aquatic species that occur in estuaries either migrate with the fluctuations or are adapted to the dynamic environment. Fishes expected in, and adjacent, to the project corridor include permanent resident estuarine or brackish species, migratory (anadromous, semi-anadromous, and catadromous) species, and' larval forms of marine species, which utilize estuarine and brackish marshes as nurseries. No sampling was conducted in Corey's Ditch or adjacent waters. Fishes expected include: largemouth bass (Micropterus salmoides), bowfin (Amia calva), 10 American eel (Anguilla rostrata), American shad (Alosa sapidissima), blueback herring (Alosa aestivalis), Alewife (Alosa pseudoharengus), bay anchovy (Anchoa mitchilb), chain pickerel (Esox niger , banded killifish (Fundulus diaphanus), white perch (Morone americana), bluegill (Lepoms machrochirus), black crappie (Poxomis nigromaculatus), tessellated darter (Etheostoma olmstedl), and swamp darter (Etheostoma forme). Aquatic invertebrates observed within the project corridor include blue crab (Callinectes sapidus) and brackish-water fiddler (Uca minx). Other notable invertebrates expected to occur within the project corridor include blue mussel (Mytilus edulis), Carolina marsh clam (Polymesoda carolinana), and penaeid and caridean shrimps. These organisms serve as prey items for fish and other wildlife. Due to the limited extent of infringement on natural communities, the proposed bridge replacement will not result in substantial loss or displacement of known terrestrial animal populations. No substantial habitat fragmentation is expected since most improvements will be restricted to roadside margins. Construction noise and associated disturbances will have short-term impacts on avifauna and migratory wildlife movement patterns; however, long-term impacts are expected to be negligible. Potential impacts to aquatic habitat will be avoided by bridging Corey's Ditch to maintain regular flow through the canal. In addition, temporary impacts to adjacent waters from increased sediment during construction will be minimized by the implementation of the NCDOT Best Management Practices for Protection of Surface Waters. E. Special Topics 1. Waters of the United States Surface waters within Corey's Ditch and adjacent Back Bay are subject to jurisdictional consideration under Section 404 of the Clean Water Act as "waters of the United States" (33 CFR 328.3). The waters of both the Bay and the canal exhibit characteristics of estuarine, sub-tidal, open-water systems that are permanently flooded, with unknown bottom compositions (E1 OWL) (Cowardin et al. 1979). Wetlands subject to review under Section 404 of the Clean Water Act (33 U.S.C. 1344) are defined by the presence of three criteria: hydric soils, hydrophytic vegetation, and wetland hydrology (DOA 1987). According to these criteria, the brackish marsh complex is subject to jurisdictional review. The brackish marsh complex exhibits characteristics of estuarine, intertidal, emergent persistent vegetation that is subject to irregular flooding (E2EMP) (Cowardin et al. 1979).. Vegetative composition of this community was characterized in Section 3.1. Jurisdictional totals for Alternate A were calculated from an 80-foot (24-meter) corridor centered on the existing road facility only. The area (in acres [hectares]) of vegetated wetlands (brackish marsh complex) and open waters and the linear distance (in feet [meters]) of open waters (Corey's Ditch) that occur within the 80-foot (24 meter) wide corridor are depicted in the following table: 11 Section 404 Jurisdictional Areas and Total Area in the Right-of-Way Type of Jurisdictional Area Jurisdictional Totals within Right-of-Way In acres (hectares) Alternate A Brackish marsh complex 0.75 (0.30) Open Water 0.40 (0.16) Linear distance in ft (m) 81 (25) Alternate A is expected to have no substantial impact on jurisdictional areas. Both surface waters and wetlands are considered to be high quality habitat and have been designated as Areas of Environmental Concern (AECs) by the N.C. Coastal Resources Commission. 2. Permits The proposed project will require a Coastal Area Management Act (CAMA) permit from the N.C. Division of Coastal Management (DCM) as a result of probable impacts to AECs. Preliminary comments in a letter from DCM to NCDOT dated November 29, 1999 stated that the bridge would qualify for a CAMA General Permit. However, the elevation of the bridge was revised and submitted for additional review by DCM. In a letter dated May 1, 2000 DCM states: `The revised proposal to elevate the bridge structure an additional two feet will likely result in the proposed project no longer qualifying for CAMA General Permit 71-1.2300 due to the following specific condition of this General permit: "Bridge replacement projects shall not increase the vertical clearance to more than five feet above normal water lever (NWL) or normal high water (NWH), or by vertical clearance to more than 25 percent of the existing clearance, whichever is greater. If the proposed project no longer qualifies for a CAMA General Permit, the DOT will be required to apply for a CAMA Major Permit." A copy of both DCM memorandums is included in the Appendix. Areas of Environmental Concern anticipated to be impacted by this project include coastal wetlands, estuarine waters, public trust areas, and estuarine shorelines. The proposed project will also require notification to the U.S. Army Corps of Engineers (COE) concerning Section 404 permitting and consultation with the Division of Water Quality (DWQ) concerning Section 401 Water Quality Certification. A Special Use Permit will be required from the Mackay Island National Wildlife Refuge for any work conducted outside the existing disturbed areas of the right of way (See USFWS letter of January 31, 2000). There is potential that components of the bridge deck may be dropped into Waters of the United States during construction. Corey's Ditch is classified as High Quality Water, this project fall into the Case 2 category as identified in the BMP-BDR, where there is no work at all in the water during moratorium periods associated with fish migration, 12 spawning, and where commitments). NCDOT project development to addressed. 3. Mitigation larval recruitment into nursery areas occurs (see project has coordinated with the various resources agencies during ensure that concerns regarding bridge demolition have been Compensatory mitigation is not anticipated to be required for this project due to the limited nature of jurisdictional impacts. However, a final determination regarding mitigation for impacts to waters of the U.S. rests with the Division of Coastal Management, with input from U.S. Army Corps of Engineers and Division of Water Quality. F. Protected Species 1. Federal Protected Species Species with the federal classification of Endangered (E) or Threatened (T), Proposed (P) proposed for such listing, or Threatened due to Similarity of Appearance (T[S/A]) are protected under the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. 1531 et seq.). The following federal-protected and FSC species are listed for Currituck County (December, 1999 FWS list): Federally Protected Species For Currituck County Common Name Scientific Name Status Leatherback sea turtle Dermochel s codacea E Red-cockaded woodpecker Picoides borealis E Manatee Trichechus manatus E*** Loggerhead sea turtle Caretta caretta T -Pi in lover Charadrius melodus T Dismal Swam southeastern shrew Sorex lon irostris fished T Seabeach amaranth Amaranthus umilus T North Carolina Status of Federal Species Of Concern in Currituck County Common Name Scientific Name Status Virginia least trillium Trillium usillum var. vir inianum FSC Black rail Laterallus amaicensis FSC Note: E Denotes Endangered (a species that is in danger of extinction throughout all or a significant portion of its range) 13 T Denotes Threatened (a species that is likely to become an Endangered species within the foreseeable future throughout all or a significant portion of its range) FSC Denotes Federal Species of Concern (a species that may or may not be listed in the future, dependent on the information known about the species). FSC species receive no formal protection under the ESA. Denotes Incidental/Migrant record - Species was observed outside of its normal range or habitat. Leatherback sea turtle - The leatherback turtle is distinguished by its large size (46- to 70-inch [1.2 to 1.8 meter]) carapace, 650 to 1,500 pounds (294.8 to 680.4 kilograms) and a shell of soft, leathery skin. This species is primarily tropical in nature, but the range may extend to Nova Scotia and Newfoundland (Martof et al. 1980). The leatherback is a powerful swimmer, often seen far from land; however, it has been known to move into shallow bays, estuaries, and even river mouths. Most living specimens of leatherback sea turtle in North Carolina were observed off shore of ocean beaches. Very few individuals have been documented in sounds and estuaries. Preferred food of the leatherback is jellyfish, although the diet includes other sea animals and seaweed. The leatherback generally nests on sandy, tropical beaches. BIOLOGICAL CONCLUSION: NO EFFECT The leatherback is primarily an oceanic species. The project corridor is located approximately 58 miles (93.4 kilometers) from the nearest ocean inlet (Oregon Inlet) and up a convoluted series of sounds, bays, and canals, so there is a low probability of the leatherback traveling to the project corridor. NHP records have no documentation of this species within 2.0 miles (3.2 kilometers) of the project corridor. Based on available information, this project will not result In an adverse Impact to leatherback sea turtle. Red-cockaded woodpecker - This small woodpecker (7 to 8.5 inches.[18 to 22 cm] long) has a black head, prominent white cheek patch, and black-and-white barred back. Males often have red markings (cockades) behind the eye, but the cockades may be absent or difficult to see (Potter et al. 1980). Primary habitat consists of mature to over- mature southern pine forests dominated by loblolly (Pinus taeda), long-leaf (P. palustris), slash (P. elliottiv), and pond (P. serotina) pines (Thompson and Baker 1971). Nest cavities are constructed in the heartwood of living pines (generally older than 70 years) that have been infected with red-heart disease. Nest cavity trees tend to occur in clusters, which are referred to as colonies (FWS 1985). The woodpecker drills holes into the bark around the cavity entrance, resulting in a shiny, resinous buildup around the entrance, which allows for easy detection of active nest trees. Pine flatwoods or pine- dominated savannas that have been maintained by frequent natural fires serve as ideal nesting and foraging sites for this woodpecker. Development of a thick understory may result in abandonment of cavity trees. BIOLOGICAL CONCLUSION: NO EFFECT The red-cockaded woodpecker requires pine forest for foraging and reproduction, and the project corridor contains no pine forest. NHP records have no documentation of red-cockaded woodpecker within 2.0 miles (3.2 kilometers) of 14 the project corridor. Based on available information, this project will not result in an adverse impact to red-cockaded woodpecker. Manatee - The manatee is a large, gray or brown aquatic mammal that averages 10 to 13 feet (3 to 4 meters) in length and weighs up to 1,000 Ibs (453.6 kilograms). This species occurs from Brazil to the West Indies to the east coast of the United States. During summer months manatees migrate from their Florida wintering areas as far north as coastal Virginia. These mammals inhabit warm waters, both fresh and salt, where their diet consists mostly of aquatic vegetation (Linzey 1998, Clark 1987, and Webster et al. 1985). BIOLOGICAL CONCLUSION: NO EFFECT The manatee rarely occurs in North Carolina inland waters; although there have been recent sightings In the Cape Fear and Neuse Rivers. NHP records have no documentation of manatee within 2.0 miles (3.2 Kilometers) of the project corridor. Based on available Information, this project will not result In an adverse impact to the manatee. However, NCDOT will utilize the USFWS construction guidelines regarding manatee habitat. Loggerhead sea turtle - The loggerhead sea turtle is the most common sea turtle on the coast of the Carolinas; this species occurs along the coast of North America from Texas to Nova Scotia. This species averages 31 to 47 inches (0.8 to 1.2 meters) in length and weighs from 170 to 500 lbs. (77.1 to 226.8 kilograms) (Martof et al. 1980). The loggerhead is basically temperate or subtropical in nature, and is primarily oceanic, but may also be found in estuarine bays, sounds, and large coastal rivers. This species occurs along the coast of North Carolina from late April to October. Preferred nesting habitat is ocean beaches, generally south of Cape Lookout. Traditionally, the largest concentration of loggerhead nests each year occurs on Smith Island located at the mouth of the Cape Fear River (Palmer and Braswell 1995). BIOLOGICAL CONCLUSION: NO EFFECT ,The loggerhead primarily occurs south of Cape Lookout in North Carolina; however, It may also wander into estuarine waters of coastal sounds such as the Pamlico. The project corridor is located approximately 58 miles (93.4 kilometers) from the nearest ocean Inlet (Oregon Inlet) and up a convoluted series of sounds, bays, and canals so there is a low probability of the loggerhead traveling to the project corridor. NHP records have no documentation of this species within 2.0 miles (3.2 kilometers) of the project corridor. Based on available information, this project will not result in an adverse impact to loggerhead sea turtle. Piping plover - Piping plovers are the smallest of the plovers found in the Carolinas, measuring only 6 to 8 inches (15 to 20 cm) in length (Golder and Parnell 1987). This species is characterized by a white head and back and white breast and belly, yellow legs, narrow black neck band, a narrow band above the eyes, and a black bill in the winter and yellow and black bill in the summer (Potter et aL 1980). These small Nearctic birds occur along beaches above the high tide line, sand flats at the ends of sand spits and barrier islands, gently sloping foredunes, blowout areas behind primary dunes, and 15 washover areas cut into or between dunes (Dyer et a/. 1987). Nests most often occur on open, wide, sandy stretches of beach similar to those associated with inlets and capes. BIOLOGICAL CONCLUSION: NO EFFECT The piping plover occurs along beaches, sand flats, sand spits, and among dunes. No plover habitat exists within the project corridor. NHP records have no documentation of this species within 2.0 miles (3.2 kilometers) of the project corridor, and no piping plovers were observed during recent field surveys. Based on available Information, this project will not result in an adverse impact to piping plover. Dismal Swamp southeastern shrew - The southeastern shrew (Sorex longirostris) is a small, long-tailed shrew varying from 3.0 to 3.9 inches (7.6 to 9.9 centimeters) in length. This shrew has a brown back, pale underparts, buff-colored feet, and a shorter, blunter nose than many shrews. The species occurs throughout all portions of North and South Carolina. It has been accepted that two subspecies exist: the southeastern shrew (S. L longirostris) and the Dismal Swamp southeastern shrew (S. 1. fishen). The literature describes the Dismal Swamp southeastern shrew as larger (3.7 to 3.9 inches [9.4 to 9.9 centimeters] in total length) than the southeastern shrew (3.0 to 3.1 inches [7.6 to 7.9 centimeters] in total length), and lists the range of the Dismal Swamp subspecies as confined to the Dismal Swamp region of northeastern North Carolina and southeastern Virginia (Fed. Reg. 7/16/85, Webster et a/. 1985). Recent small-mammal surveys conducted south of the Albemarle Sound and Pamlico River in the Coastal Plain of North Carolina have provided specimens whose measurements have generated doubt as to the existence of separate subspecies. DNA analyses and further fieldwork are presently being conducted to clarify the classification status. Both subspecies prefer similar habitats, ranging in structure from old field to mature pine and hardwood forests. The Dismal Swamp subspecies is expected to be most abundant in moist successional habitats such as cane stands, regenerating clear cuts, and young forests (Fed. Reg. 7/16/85). BIOLOGICAL CONCLUSION: NO EFFECT Suitable habitat for the Dismal Swamp southeastern shrew Includes areas dominated by grasses and sedges near wet areas. This habitat occurs within the project corridor as a result of the presence of bridge access causeways. However, due to the routine maintenance of causeway shoulders and irregular water level fluctuations associated with the adjacent brackish marsh and open waters, It Is highly unlikely that this shrew will occur within the project corridor. NHP records have no documentation of this species within 2.0 miles (3.2 kilometers) of the project corridor, and this species was not observed during surveys. Based on available Information, this project will not result In an adverse impact to Dismal Swamp southeastern shrew. Seabeach amaranth - Seabeach amaranth is a low-growing, fleshy, annual herb. The spatula-shaped leaves are pink and range from 0.5 to 1.0 inch (1.3 to 2.5 centimeters) in diameter. The leaves are clustered near the end of the stem and are notched apically. Flowers and fruits are inconspicuous and occur along the stem. This plant is primarily 16 found on foredunes and sand spits of Atlantic coast barrier beaches and inlets in areas where periodic overwash eliminates vegetative competition. Some of the largest remaining populations of this species occur in North Carolina (FWS 1993). This species has been documented on sand spits and ocean-fronting beaches of the Outer Banks. BIOLOGICAL CONCLUSION: NO EFFECT Seabeach amaranth prefers the open sand of foredunes, overwash fans, and inlet spits associated with ocean-fronting barrier islands. Potential habitat for seabeach amaranth does not exist within the project corridor. NHP records indicate no documentation of this species within 2.0 miles (3.2 kilometers) of the project corridor, and this species was not observed during field surveys. Based on available information, the proposed project will not result In an adverse Impact to seabeach amaranth. 2. Federal Species of Concern Federal Species of Concern (FSC) are not legally protected under the Endangered Species Act and are not subject to any of its provisions, including Section 7, until they are formally proposed or listed as Threatened or Endangered. Species designated as FSC are defined as taxa, which may or may not be listed in the future. These species were formally Candidate 2 (C2) species or species under consideration for listing as Endangered, Threatened, or Special Concern by the NCNHP database of rare plant and animal species and are afforded state protection under the State Endangered Species Act and the North Carolina Plant Protection and Conservation Act of 1979. The following are listed as Federal Species of Concern in Currituck County. Virginia least trillium - Virginia least trillium is a low, rhizomatous perennial with erect stems topped by three leaves and a solitary flower which grows 4 to 12 inches (10.2 to 30.5 centimeters) high. This variety of least trillium occurs in low, alluvial woodlands of tidewater Virginia (Kral 1983) and possibly northeastern North Carolina. The project corridor does not support appropriate habitat for this species. NHP records have no documentation of this species within 2.0 miles (3.2 kilometers) of the project corridor, and the species was not observed during site surveys. Based on available information, the proposed project will not adversely affect Virginia least trillium. Black rail - The black rail is a rare, permanent resident of coastal North Carolina. This species requires dense, herbaceous cover characteristic of marshes and wet meadows where it nests and feeds on small invertebrates, seeds, and vegetation (Hamel 1992). The project corridor supports appropriate habitat for this species; however, NHP records have no documentation of this species within 2.0 miles (3.2 kilometers) of the project corridor. Due to the mobility of this species, and the extensive marshes in the project vicinity, the proposed project will not result in an adverse impact to black rail. 3. Rare and Unique Natural Areas The proposed project is located along the northern margin of the Mackay Island National Wildlife Refuge, which comprises approximately 8,646 acres (3,499 hectares) in northeastern North Carolina and southeastern Virginia. This National Wildlife Refuge includes areas that are important to migratory waterfowl and sport fisheries resources. 17 The brackish marsh area in the vicinity of the bridge crossing has been designated a State Listed Identified Priority Area (IPA) by the NHP. This IPA is known as Great Marsh. An IPA receives no formal protection, but is recognized as a unique area and may come under protection in the future. Potential impacts due to the proposed project will be short-lived and localized to the immediate vicinity of the bridge, and are therefore not expected to adversely affect the Mackay Island National Wildlife Refuge or the Great Marsh IPA. VI. CULTURAL RESOURCES A. Compliance Guidelines This project is subject to compliance with Section 106 of the National Historic Preservation's Regulations for Compliance with Section 106, codified at 36 CFR Part 800. Section 106 requires that for federally funded, licensed, or permitted projects having an effect on properties listed in or eligible for the National Register of Historic Places, the Advisory Council on Historic Preservation be given the opportunity to comment. B. Historic Architecture In a memorandum dated January 13, 1999, the State Historic Preservation Office (SHPO) recommended further review of Bridge No. 7 by NCDOT. All structures within the Area of Potential Effect (APE), including Bridge No. 7, were photographed. In a meeting between NCDOT and SHPO on August 6, 1999 all parties agreed that there are no historic architectural properties, including Bridge No. 7, that are listed in or eligible for listing in the National Register of Historic Places in the APE. A copy of the concurrence form is included in the Appendix. C. Archaeology The State Historic Preservation Officer (SHPO), in a memorandum dated January 13, 1999 stated that "it is unlikely that any archaeological resources which may be eligible for inclusion in the National Register of Historic Places will be affected by the project construction. We therefore recommend that no archaeological investigation be conducted in connection with this project." A copy of the SHPO memorandum is included in the Appendix. VII. SECTION 4(f) This project consists of the replacement of Bridge No. 7 over Corey's Ditch along NC 615 in Currituck County. Bridge No. 7 is located within the Mackay Island National Wildlife Refuge. This refuge was established on Knotts Island in 1960 as a winter haven for migratory birds. In the winter, the refuge focuses on marsh and water management to provide food for thousand of swans, ducks, and geese inhabitants. In the spring, the refuge opens its trail systems for visitors to view the huge variety of waterbirds and songbirds. 18 Since this project has minor involvement with a wildlife and waterfowl refuge and meets the criteria set forth in the Federal Register (December 23, 1986), a programmatic Section 4(f) evaluation satisfies the requirements of Section 4(f). The following alternatives, which avoid use of the wildlife and waterfowl refuge, have been fully evaluated: (a) do nothing; (2) improve the highway without using the adjacent wildlife and water refuge; and (3) build an improved facility on new location without using the wildlife and waterfowl refuge. These alternatives were not found to be feasible and prudent. All possible planning to minimize harm to the wildlife and waterfowl refuge has been incorporated into this project. The officials having jurisdiction over the Section 4(f) property have agreed, in writing, with the assessment of impacts resulting from the use of the Section 4(f) property and with the minimization measures to be provided. Measures to minimize impacts include the following: 1. Replacement of fishing walks on each side of the bridge. 2. Replacement of the bridge in place with staged construction, maintaining traffic during construction within the existing right-of-way. 3. Bridge will be elevated and additional two feet from its existing elevation to allow for small boats to travel between Back Bay and Currituck Sound. A programmatic Section 4(f) Evaluation for the impacts of the proposed project on the MacKay Island National Wildlife Refuge is presented in Section XI of this Categorical Exclusion. VIII. ENVIRONMENTAL EFFECTS The project is expected to have an overall positive effect. Replacement of an inadequate bridge will result in safer traffic operations. This project is considered to be a Federal "Categorical Exclusion" due to its limited scope and lack of substantial environmental consequences. This bridge replacement will not have an adverse effect on the quality of the human or natural environment with the use of the current North Carolina Department of Transportation standards and specifications. The project does not conflict with any plan, existing land use, or zoning regulation and no change in land use is expected to result from construction of this project. Therefore, no secondary impacts are anticipated. The proposed project will require right of way acquisition and construction easements from the MacKay Island National Wildlife Refuge, which is protected under Section 4(f) of the Department of Transportation Act of 1966. The project has been coordinated with the United States Natural Resources Conservation Service. The Farmland Protection Policy Act requires all federal agencies or their representatives to consider the potential impact to prime farmland of all land 19 acquisition and construction projects. There are no soils classified as prime, unique, or having state or local importance in the vicinity of the project. Therefore, the project will not involve the direct conversion of farmland acreage within these classifications. This project is an air quality "neutral" project, so it is not required to be included in the regional emissions analysis and a project level CO analysis is not required. Noise levels could increase during construction but will be temporary. If vegetation is disposed of by burning, all burning will be done in accordance with applicable local laws and regulations of the North Carolina SIP for air quality in compliance with 15 NCAC 2D.0520. This evaluation completes the assessment requirements for highway traffic noise (23 CFR Part 772) and for air quality (1990 CAAA and NEPA) and no additional reports are required. An examination of records at the North Carolina Department of Environment and Natural Resources, Division of Environmental Management, Groundwater Section and the North Carolina Department of Human Resources, Solid Waste Management Section revealed no underground storage tanks or hazardous waste sites in the project area. Currituck County participates in the National Flood Insurance Program (NFIP). The bridge is located in a detailed study area and the base (100 year) flood elevation is 6 feet (1.8 meters) (see Figure 6). There are no practical alternatives to crossing the floodplain area. Any shift in alignment will result in a crossing of about the same magnitude. No embankment fills will be placed within the regulatory floodway. No floodway modifications are anticipated. The project is not anticipated to increase the level or extent of upstream flood hazard. On the basis of the above discussion, it is concluded that no substantial adverse environmental impacts will result from implementation of this project. IX. PUBLIC INVOLVEMENT 'Throughout the project development process, citizen and agency participation was encouraged. A scoping letter was mailed in December 1998, to the Chair of the Currituck County Commission, the Currituck County Manager, the Superintendent of Currituck County schools, and to state and Federal environmental regulatory and resource agencies to request input into the project development process. A copy of the responses are included in the Appendix. No interagency meetings were held as part of this project. A newsletter describing the history of the project, the project team and the progress of the study, as well as upcoming events was distributed in June 1999. A Citizen's Informational Workshop was held on July 13, 1999 from 4:30 PM to 7:30 PM at the Knott's Island Elementary School, located at 413 Woodleigh Road in Knott's Island, N. C. Approximately 14 citizens attended this meeting. Several citizens requested that the bridge be raised 1.5 to 2 feet (0.5 to 0.6 meters) in order to allow small boats to pass under the structure. Another major area of concern raised by the 20 citizens present was pedestrian safety associated with the fishing currently allowed from the bridge. Comments received at the workshop requested consideration is given to eliminating fishing or including safety features in the design to protect pedestrians. X. AGENCY COMMENTS The following comments were received: 1. NC Department of Environment and Natural Resources - Division of Water Quality Comment - "Borrow/waste areas should avoid wetlands to the maximum extent practicable. Prior to the approval of any borrow/waste site in a wetland, the contractor shall obtain a 401 Certification from DWQ. Reply - Use of wetlands for borrow/waste areas will be avoided to the maximum extent practicable. Prior to use of these areas for borrow/waste, a 401 Water Certification will be obtained from DWQ. Comment - "DWQ is also concerned about secondary wetland impacts." Reply -See Environmental Effects section (page 19) of this report. 2. County of Currituck County, County Manager - Comment - "...comments from Knotts Island residents concerning a need to have the above bridge elevated when replaced to allow for small boats to travel between Back Bay and Currituck Sound.... assistance in elevating this bridge to meet the need of our citizens..." Reply - The Bridge will be elevated two (2) feet. 3. North Carolina Wildlife Resources Commission - Comment - "Bridge deck drains should not discharge directly into the stream." Reply - if possible, bridge deck drains will not discharge directly into the canal. This will be determined during the final design phase of the project. 21 1 TO US 58 VIRGINIA BEACH _.._.._.._ VA_.._.._..r.._... _.._.._.._.._.._...._. NC _.._. .. _.. _.._. .._VL.._.._.•_.. _.. y.._._.._.. - 1255 3350 ` 4615 1299 it -.4.8 , y 615 KNOTTS' ISLAND 1258 t ? r+ C) Woodlsigh 1257 co Cs7 4 MACKAY ISLAND 1258 ? u x NATIONAL WILDLIFE 4 41. IB-3445 REFUGE N 1256, x r.,1 .2 z Knotts Island 1- 1 z? > 1259 t ?o MACKAY 1261 -1 N s .2 1 ISLAND 2 C'0 1265 1370 - CV Tn? ". 615 v A 4G., Fa?? CUR R IT?UCK 1.2 .8 SOUND 188 2 y Currituck t! NaB?al "•? , ? ? 'S? + . Moroc4 a1N? wurs? ' •wdtei<ww C, ` ?R. sage 't sthia rll. 0 \ 1 4f 58 r [at r?Mhtwxlr NGMi cr I max. . \\! rn?t I I 14 ` f i l Mv. ITh. N V% 04 14N, tlw* <'??'?t^? wnw?R nA.M:N.c. w:ww ( yw.?1I;1? NORTH CAROLINA DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS PROJECT DEVELOPMENT & ENVIROAVIUMAL ANALYSIS BRANCH 4?d CURRITUCK COUNTY BRIDGE NUMBER 7 ON NC 615 OVER NORTHERN CANAL BE7717" BACK RAY AND CUR.RITUCK SOUND iwoms FIGURE 1 1.6 0 IA 3.2 4.e 6.4 KILOMETERS a 1 2 a 4 MILES BRIDGE REPLACEMENT GROUP XIX B-3445 (CURRITUCK COUNTY) NC 615 OVER CREEK 8 ft 12 ft 12 ft 8 ft 12 ft (2.4 m) (3.6 m) (3.6 m) (2.4 m) O ft (3.6 m) 1 t aft 1.2 m GRADE (1.2 m FDPS POINT FDPS 0.04 0.02 0.02 0.04 4: l 21 GRADE TO THIS LINE TYPICAL SECTION FOR ROADWAY APPROACH 1999 ADT - 1,400 vpd (LOS B) 2002 ADT - 1,500 vpd (LOS B) 2025 ADT - 2,100 vpd (LOS B) 7.5 ft 6 ft 12 ft 12 ft 6 ft 7.5 ft (2.3 m) (1.8 m (3.6 m) (3.6 m) 1.8 m) (2.3 m) 1 t GRADE POINT 0.02 0.02 TYPICAL SECTION FOR PROPOSED STRUCTURE FIGURE 2 4 L Looking West Approach Enure 3 i E VI.L* n,.vr .- `.. ?. `?/?. .... ?/+• B-3445 Looking Southwest from Northeast Corner FinttrF 4 Cd iv- '14 1 1 ?l N r D Z v Il .. 1I..- IIN lla S.R. 1265 s/s •Q'PQa ? a 0 o FOU ?zn -? P c ? O c x all a gI>T z I z Cri ; l Y o z P l I Il 11 /l 11 /I 1 S_ TA TE It 11 (_ 11 11 1\\\s N 615 z 0 N N r D Z v 1? NORTH CAROLINA DIVISION FINAL NATIONWIDE SECTION 4 (F) EVALUATION AND APPROVAL FOR FEDERALLY-AIDED HIGHWAY PROJECTS WITH MINOR INVOLVEMENT WITH PUBLIC PARKS, RECREATION LANDS, AND WILDLIFE AND WATERFOWL REFUGES F. A. Project BRZ-615(1) State Project 8.1040601 T. I. P. No. B-3445 Description: NC 615, Replacement of Bridge No. 7 over Canal (CorvsDitch) - Currituck Countv. Yes No 1. Is the proposed project designed to improve the operational characteristics, safety and/or physical condition of existing highway facilities on essentially the same location? X 2. Is the project on new location? ? X 3. Is the Section 4(f) land a publicly owned public park, recreation land, or wildlife and waterfowl refuge located adjacent to the existing highway? X 4. Does the amount and location of the land to be used impair the use of the remaining Section 4(f) land, in whole or in part, for its intended purpose? (See chart below) X Total size of section 4() site Maximum to be acquired Less than 10 acres 10 percent of site 10 acres-100 acres 1 acre greater than 100 acres 1 percent of site 5. Do the proximity impacts of the project (e.g., noise, air and water pollution, wildlife and habitat effects, aesthetic values) on the remaining Section 4(f) land impair the use of such land for its intended purpose? X 6. Do the officials having jurisdiction over the Section 4(f) land agree, in writing, with the assessment of the impacts of the proposed project on, and the proposed mitigation for, the Section 4(f) lands? X Yes No 7. Does the project use land from a site purchased or improved with funds under the Land and Water Conservation Act (Section 6(f)), the Federal Aid in Fish Restoration Act (Dingell-Johnson Act), the Federal Aid in Wildlife Act (Pittman-Robertson Act), or similar laws, or are the lands otherwise encumbered with a Federal Interest (e.g., former Federal surplus property)? X 8. If the project involves lands described in Item 7 above, does the appropriate Federal Agency object to the land conversion or transfer? X 9. Does the project require preparation of an EIS? ? X ALTERNATIVES CONSIDERED AND FOUND NOT TO BE FEASIBLE AND PRUDENT The following alternatives were evaluated and found not to be feasible and prudent: 1. Do-nothine. X ? Does the "do nothing" alternative: (a) correct capacity deficiencies? ? X Or (b) correct existing safety hazards? ? X Or (c) correct deteriorated conditions? ? X And (d) create costs, unusual problems, or impacts of extraordinary ? measure? X 2. Improvement of the highway without using the adjacent public park, recreational land, or wildlife waterfowl refuge? X (a) Have minor alignment shifts, changes in standards, use of retaining walls, etc., or traffic management measures been ? evaluated? X (b) The items in 2(a) would result in: (circle, as appropriate) (i) substantial adverse community impact or (ii) substantial increased costs (Alternative N) or (iii) unique engineering, transportation, maintenance, or safety problems or (iv) substantial social, environmental, or economic impacts (Alternative N) or (v) a project which does not meet the need Yes No 3. Build an improved facility on new location without using the public park, recreational land, or wildlife and waterfowl refuge. (This would be a localized "run around".) X (a) An alternative on new location would result in: (circle, as appropriate) (i) a project which does not solve the existing problems or (ii) substantial social, environmental, or economic impacts (Alternative N) or (iii) a substantial increase in project cost or engineering difficulties (Alternative N) or (iv) such impacts, costs, or difficulties of truly unusual or unique or extraordinary magnitude Note: Any response in a box requires additional information prior to approval. Consult Nationwide 4(f) evaluation. MINIMIZATION OF HARM Yes No 1. The project includes all possible planning to minimize harm. X 2. Measures to minimize harm include the following: (Circle those which are appropriate) a. Replacement of lands used with lands of reasonably equivalent usefulness and location and of at least comparable value. b. Replacement of facilities impacted by the project including sidewalks, paths, benches, lights, tress and other facilities. C. Restoration and landscaping of disturbed areas. d. Incorporation of design features and habitat features, where necessary, to reduce or minimize impacts to the Section 4(f) property. e. Payment of the fair market value of the land and improvements taken or improvements to the remaining Section 4(f) site equal to the fair market value of the land and improvements taken. f. Additional or alternative mitigation measures as determined necessary based on consultation with the officials having jurisdiction over the parkland, recreation area, or wildlife on 'waterfowl refuge. 3. A discussion of specific mitigation measures is provided as follows: The preferred alternative (Alternate A) replaces the bridge in its existing location using staged construction, which minimizes impacts to the environment. COORDINATION The proposed has been coordinated with the following (attach correspondence): a. Officials having jurisdiction over the Section 4(f) Land Yes b. Local/State/Federal Agencies Yes C. US Coast Guard (for bridges requiring permits) Yes d. DOI, if Section 6(f) lands are involved Yes SUMMARY AND APPROVAL The proiect meets all criterial included in the programmatic 4(f) evaluation approved on December 23. 1986 All required alternatives have been evaluated and the findings made are clearly applicable to this project. There are no feasible or prudent alternatives which avoid use of the Section 4(f) land. The project included all possible planning to minimize harm, and there are assurances that the measures to minimize harm will be incorporated in the project. All appropriate coordination has been successfully completed. Approved: 0 1 mo Date f coo Date Project Ile elopment and Environmental Analysis Branch NCDOT Division Administration, FHWA `?,?? P11w NT OF lh Off' Z? P_op 7 Yf CH 3 United States Department of the Interior FISH AND WILDLIFE SERVICE Mackay Island National Wildlife Refuge P. O. Box 39 Knotts Island, NC 27950 (252) 429-3100 Mr. William D. Gilmore, PE, Manager Project Development & Environmental Analysis Branch North Carolina Department of Transportation P.O. Box 25201 Raleigh, NC 27611-5201 January 31, 2000 J Dear Mr. Gilmore: jl This is a response to your request for comments on the replacement of 'ridge- mh6er 7 on NC 615 over Corey's Ditch in Currituck County. We are song it has taken us past your due date to respond. Internal coordination was necessary to insure an appropriate response. In addition, the bad weather postponed things for a few days. This response is divided into two sections, one with comments directly related to the proposed bridge replacement and another with comments indirectly related to this specific project. As noted below, recommended measures in the second section are to be considered necessary mitigation measures if an alternative other than "A" is selected. A. Comments Directly Related to the Proposed Project. The refuge definitely prefers Alternative A, which would not require construction of any temporary on-site detours. Although it is not specified in the documentation sent to this office, it is my understanding that the new bridge will include railings for fishing access, parallel parking areas adjacent to the bridge in the shoulders, and that the bridge will be raised two feet. The refuge supports these actions and would object if the first two items were not included in the replacement project. Should one of the alternatives other than A (i.e., Alternatives N or S) be selected, then those comments provided in the section below (i.e., B.) would apply directly to this proposed project. That is, the culverts we are recommending would be part of the mitigation measures needed for the project. The following continents apply if either Alternative N or S is selected: 1. We need a better description of the disturbances required in Barleys Bay and the Great Marsh. For example, how much and what type of temporary fill is needed and what type of Gilmore - 'N--managed re-vegetation" is envisioned? Coordination with our Fisheries personnel may be necessary to ensure these disturbances do not have significant negative impacts on aquatic resources. 2. We would need assurance that any changes in habitats created by the alternatives will be mitigated. For example, what specific measures will be taken to ensure common reed does not become established in the impacted area(s)? What type of monitoring plan will be followed to guarantee the area(s) revert to a natural state after construction? What additional steps (e.g., common reed control) will be taken to assure this natural state is achieved if initial procedures fail? 3. Is an Environmental Assessment needed if either Alternative N or S is selected due to projected wetland and other impacts? B. Comments Indirectly Related to the Proposed Project Prior to the construction of the Marsh Causeway (i.e., NC 615 across the marsh from the mainland to Knotts Island), wind driven tides created a sheet flow of water across the Great Marsh. When the road was constructed, it restricted this surface flow of water. Since the construction of Corey's Ditch, the water is forced through this one opening in the roadway (i.e., where the bridge is located). This water flushes rapidly through this opening during northeasterlies and hurricanes. All this (including normal, wind driven tides) is widening Corey's Ditch and eroding away the support for the bridge. For example, during Hurricane Bonnie in 1998 a sink hole formed at the northeastern edge of the bridge. The water rushing through Corey's Ditch eroded the soil around the bridge foundation and the road fell into the hole. The ultimate results of this restriction of water flow to Corey's Ditch are the bridge needs constant repair and periodic replacement, the ditch is widening and fragmenting the Great Marsh and the hydrology of the marsh has changed and continues to change. Our suggestion for mitigating these effects is to place a series of culverts at strategic locations along the Marsh Causeway. This will allow water to flow under the road in several places relieving the pressure of the water being forced under the bridge and through Corey's Ditch. Erosion around the bridge and Corey's Ditch will lessen, reducing bridge maintenance and replacement costs and the rate in which Corey's Ditch is widening and fragmenting the marsh. It will also help restore marsh hydrology to a more natural state. Perhaps North Carolina Department of Transportation (NCDOT) experts have other suggestions for alleviating the hydrological and related problems noted above. The same effect has occurred at another road on the refuge. Mackay Island Road restricts the sheet flow of water to a portion of the Great Marsh. The refuge has a project planned for the immediate future to place several culverts under this road to restore the hydrology to a more natural state. If Alternative A is chosen, we recommend the NCDOT consider our recommendation as a separate project. If Alternative N or S is chosen, then this needs to be considered a mitigation Gilmore project for the disturbance which will occur to wetlands on the refuge. The refuge is willing to work with NCDOT in this effort. In answer to your question about the source of funding to purchase the refuge, the majority was acquired %ia moneys made available by the Migratory Bird Treaty Act. Please keep us up-to-date regarding decisions about the choice among alternatives and how and when the project will proceed. NCDOT will need to contact the refuge for a Special Use Permit a month or two before construction if any type of work is to be conducted outside the existing disturbed areas of the right-of-way (i.e., beyond the pavement and grassy road shoulders). Please contact :assistant Refuge Manager Bill Gates at (252) 439-3100 if you have any questions, need a Special Use permit and/or would like to discuss restoration of more natural water flow under NC 615 and other related improvements. Sincerely, lird-2 Refuge Manager cc: T. McCartney United States Department of Agriculture Natural Resources Conservation Service 4405 Bland Rd. Suite 205 Raleigh, NC 27609 (919) 873-2134 VJVH ?' ?115 i Mr. William D. Gilmore, P. E. Manager Planning and Environmental Branch NCDOT P. O. Box 25201 Raleigh, NC 27611-5201 Dear Mr. Gilmore: December 18, 1998 Thank you for the opportunity to provide comments on Group = Bridge Replacement Projects: 1. B-3348, Hyde County, Bridge No. 54 on US 264 over Canal on Pamlico Sound, 2. B-3349, Hyde County, Bridge No. 32 on US 264 over Rose Bay Canal, 3. B-3442, Cumberland County, Bridge No. 224 on SR 1006 (Person Street) over Locks Creek, 4. B-3443, Cumberland County, Bridge No. 219 on SR 1006 (Person Street) over the Cape Fear River, 5. B-3445, Currituck County, Bridge No. 7 on NC 615 over northern canal between Back Bay and Currituck Sound, 6. B-3524, Wake County, Bridge No. 259 on SR 1370 (Tryon Road) over Norfolk Southern Railroad, 7. B-3537, Wayne County, Bridge No. 62 on NC 581 over the Little River. The Natural Resources Conservation Service does not have any comments at this time. Sincerely, CU%A`'' •?" Mary T. Kollstedt State Conservationist The Natural Resources Conservation Service works hand-in-hand with the American people to conserve natural resources on private land AN EQUAL OPPORTUNITY EMPLOYER United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 Raleigh. North Carolina 27636-3726 December 29, 1998 Mr. William D. Gilmore, P.E., lVlanager Planning and Environmental Branch North Carolina Department of Transportation Division of Highways P.O. Box 25201 Raleigh, NC 2761 1-520 Attention: Ms. Stacy Baldwin, P.E. Dear Mr. Gilmore: j '. °So Thank you for your letter of December S, 1998, requesting information from the U.S. Fish and Wildlife Service (Service) for the purpose of evaluating the potential environmental impacts of the following proposed bridge replacement projects: I . B-334S. H%-de County, Bridge No. 54 on US 264 over Canal on Pamlico Sound, 2. B-3349, Hyde County, Bridge No 32 on US 264 over Rose Bay Canal. 3. B-3442. Cumberland County. Bridge No. 224 on SR 1006 (Person Street) over Locks Creek; 4. B-3443. Cumberland County. Bridi-,e No. 219 on SR 1006 (Person Street) over the Caoe Fear River: 5. B-3445, Currituck County, Bridge No. 7 on NC 615 over northern canal between Back Bay and Currituck Sound, 6. B-3524, Wake County, Bridge No 259 on SR 1370 (Tryon Road) over Norfolk Southern Railroad: and, 7. B-3537, Wayne County, Bridge No. 62:on NC 581 over the Little River. This report provides scoping information and is provided in accordance with provisions of the Fish and Wildlife Coordination Act (FWCA) (16 U.S.C. 661-667d) and Section 7 of the Endangered Species Act (ESA) of 1973. as amended (16 U.S.C. 1531-1543)) This report also serves as initial scopinu comments to federal and state resource agencies for use in their permitting and/or certification processes for these projects. The mission of the Service is to provide leadership in the conservation, protection, and enhancement of fish and wildlife, and their habitats, for the continuing benefit of all people. Due to staffing limitations, we are unable to provide you with detailed site-specific comments at this time. However, the following recommendations are provided to assist you in your planning process and to facilitate a thorough and timely review of the project. Generally, the Service recommends that wetland impacts be avoided and minimized to the maximum extent practical as outlined in Section 404 (b)(1) of the Clean Water Act Amendments of 1977. In regard to avoidance and minimization of impacts, we recommend that proposed highway projects be aligned along or adjacent to existing roadways, utility corridors, or previously developed areas in order to minimize habitat fragmentation and encroachment. Areas exhibiting high biodiversity or ecological value important to the watershed and/or region should be avoided. Crossings of streams and associated wetland systems should use existing crossings and/or occur on a structure wherever feasible. Where bridging is not feasible, culvert structures that maintain natural water flows and hydraulic regimes without scouring, or impeding fish and wildlife passage, should be employed. Highway shoulder and median widths should be reduced through wetland areas. Roadway embankments and till areas should be stabilized by using appropriate erosion control devices and/or techniques. Wherever appropriate, construction in sensitive areas should occur outside fish spawning and migratory bird nesting seasons. The National Wetlands Inventory (NWI) maps of the appropriate 7.5 Minute Quadrangles for each site should be consulted to determine if wetlands may be impacted by the respective projects. However, while the NWI maps are useful for providing an overview of a given area, they should not be relied upon in lieu of a detailed wetland delineation by trained personnel using an acceptable wetland classification methodology. We reserve the right to review any required federal or state permits that may be required for these projects at the public notice stage. We may have no objection, provide recommendations for modification of the project, or recommend denial. Therefore, it is important that resource agency coordination occur early in the planning process in order to resolve any conflicts that may arise and minimize delays in project implementation. In addition to the above guidance, we recommend that the environmental documentation for each project include the following in sufficient detail to facilitate a thorough review of the action: A clearly defined purpose and need for each proposed project. including a discussion of the projects's independent utility; 2. A description of the proposed action with an analysis of all alternatives being considered, including the Upgrading of existing bridges, new brid?,es on existing ali?,nments, new bridges on new alignments, and a "no action" alternative; 2 A description of the fish and wildlife resources, and their habitats, within the project impact areas that may be directly or indirectly affected; 4. The extent and acreage of waters of the U.S., including wetlands, that are to be impacted by filling, dredging, clearing, ditching, and/or drairling. Acres of wetland impact should be differentiated by habitat type based on the wetland classification scheme of the National Wetlands Inventory (NWI). Wetland boundaries should be determined by using the 1987 Corps of Engineers Wetlands Delineation Manual and verified by the U.S. Army Corps of Engineers (Corps); The anticipated environmental impacts, both temporary and permanent, that would be likely to occur as a direct result of the proposed project. The assessment should also include the extent to which the proposed project would result in secondan• impacts to natural resources, and how this and similar projects contribute to cumulative adverse effects: 6 Design features and/or construction techniques which would be employed to avoid or minimize the ti-aumentation or direct loss of wildlife habitat value; 7. Design features, construction techniques, and/or any other mitigation measures which would be employed at wetland crossings and stream channel relocations to avoid or minimize impacts to waters of the United States, and, 8. If unavoidable wetland impacts are proposed, we recommend that every effort be :-lade to iuentir} ?;oinpensatory mitigation sites in advance. Project planning should include a detailed compensatory mitigation plan for offsetting unavoidable wetland impacts. Opportunities to protect mitigation areas in perpetuity, preferably via conservation easement, should be explored at the outset. The attached pages identify the federally-listed endangered, threatened, and candidate species that are known to occur in the respective counties. Habitat requirements for any federally-listed species that occur in the project impact areas should be compared with the available habitat at the project site. If Auitable habitat is present within the action area of the project. fie!d sttrvev;z for the species should be performed. Note that a listed species, the sensitive joint-vetch (Aeschtinomette ,ginica), is known to occur in the vicinity of bridges B-334S and B-3349 in H%-de Counr: Habitat for sensitive joint-vetch is a rare and specialized community known as a freshwater tidal marsh. These communities are close enough to the coast to be influenced by tidal fluctuations. yet far enough upstream to consist of fresh or only slightly brackish water. Environmental documentation should include survey methodologies and results. In addition to this guidance, the following information Should be included in the document regarding protected species: A map and description ofthe specific area used in the analysis of direct, indirect, and cumulative impacts; ?. A description of the biology and status of the listed species and the habitat of the species that may be affected by the action, including the results of any onsite inspections; 3. An analysis of the "effects of the action" on the listed species and associated habitat which includes consideration of: a. The environmental baseline which is an analysis of the effects of past and ongoing human and natural factors leading to the current status of the species and its habitat; b. The impacts of past and present federal, state, and private activities in the project area and cumulative impacts area; C. The direct and indirect impacts of the proposed action. Indirect effects are those that are caused by the proposed action and are later in time, but are still reasonably certain to occur, d. The impacts of interrelated actions (those that are part of a larger action and depend on the larger action for their justification) and interdependent actions (those that have no independent utility apart from the action under consideration); and, e. The cumulative impacts of future state and private activities (not requiring federal agency involvement) that will be considered as part of future Section 7 consultation, 4. A description of the 1m nner in which the action may affect any listed species or associated habitat including project proposals to reduce/eliminate adverse effects. Direct mortality, injury, harassment, the loss of habitat, and/or the degradation of habitat are all ways in which listed species may be adversely affected, A summary of evaluation criteria to be used as a measure of potential effects. Criteria may include post-project population size, long-term population viability, habitat quality, and/or habitat quantity; and, 6. Based on evaluation criteria, a determination of whether the project is not likely to adversely atrect or may affect threatened and endangered species. 4 Candidate species are those plant and animal species for which the Service has sufficient information on their biological status and threats to their survival to propose them as endangered or threatened under the ESA. Although candidate species receive no statutory protection under the ESA, Federal agencies are required to informally confer with the Service on actions likely to jeopardize the continued existence of these species or that xnay destroy or modify proposed critical habitat. Federal species of concern (FSC) include those species for which the Service does not have enough scientific information to support a listing proposal or species which do not warrant listing at the present time. These species receive no statutory protection under the ESA, but could become candidates in the future if additional scientific information becomes available indicating, that they are endangered or threatened. Formal listing places the species under the full protection of the ESA, and necessitates a new survey if its status in the project area is unknown. Therefore, it would be prudent for the North Carolina Department of Transportation (NCDOT) to avoid any adverse impacts to candidate species or their habitat. Tile Forth Carolina Natural Heritage Program should be contacted for information on species under state protection. The Service appreciates the opportunity to comment on these projects. Please continue to advise us during the progression of the planning process, including your official determination of the impacts of this project. If you have any questions regarding these comments, please contact Tom McCartney at 919-856-4520, ext. 32. Sincerely, V John M. Heiner Ecological Services Supervisor Enclosures FWS/R4:TmcCartney:TM:12/28/98:919/856-4520 extension 32:\7-bridge:rep cc.* Michael Bell. COE, Washin!_ton. NC Eric Alsmeyer, COE, Raleigh, NC: Scott McLendon, COE, Wilmington. NC David Cox, DNR, Creedmoor, NC Cyndi Bell, NCDWQ, Raleigh, NC Nicholas Graf, FHWA. Raleigh, NC Ted Bisterfield, EPA, Atlanta, GA 5 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTCN, NORTH CAROLINA 28402-1 aJ0 IN fiePLY Remm To February 24, 1999 Planning Services Section Mr. William D. Gilmore, P.E., Manager Planning and Environmental Branch North Carolina Division of Highways Post Office Box 25201 Raleigh, North Carolina 27611-5201 Dear. Mr. Gilmore: This is in response to a letter from your office dated December 8, 1988, to Mr. Mike Bell of our Washington Regulatory Field Office, subject: "Request for Comments for Group XIX Bridge Replacement Projects." The bridge replacement projects are located in Hyde, Currituck, and Wayne Counties. Our comments involve impacts to flood plains and jurisdictional resources that include waters, wetlands, and U.S. Army Corps of Engineers projects. The proposed bridge replacements would not cross any Corps-constructed flood control or navigation project. Enclosed are our comments on the other issues. We appreciate the opportunity to comment on these projects. If we can be of further assistance, please contact us. Sincerely, W " W. Coleman Long Chief, Technical Services Division Enclosure February 24, 1999 Page 1 of 3 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT COMMENTS ON: "Request for Comments for Group XIX Bridge Replacement Projects" in Hyde, Currituck, and Wayne Counties 1. FLOOD PLAINS: POC - Bobby L Willis Planning Services Section, at (91.0) 251-4728 All of the bridges are within counties which participate in the National Flood Insurance Program (NFIP). From the various Flood Insurance Rate Maps (FIRMS), it appears that detail study streams or waterways are involved. For Hyde and Currituck Counties, the bridges cross canals with 100-year flood elevations determined from coastal storm surge but no floodways defined. For the Little River crossing in Wayne County, this stream has both 100-year flood elevations determined and a floodway defined. A summary of flood plain information pertaining to the bridges is contained in the following table. The FIRMs are from the county flood insurance study. Bridge Route Study Date Of No. _ Na _ County Stream SFE` Firm 32 US 264 Hyde Rose Bay Canal 9 2/87 54 US 264 Hyde Canal 5 2/87 7 NC 615 Currituck Northern Canal 5 11/84 62 NC 581 Wayne Little River 94 3/98 4 Base (100-year) Flood Elevation in feet N.G.V.D. For the Little River crossing, we refer you to the Federal Emergency Management Agency's (FEMA's) "Procedures for 'No Rise' Certification for Proposed Developments in Regulatory Floodways", copies of which have been furnished previously to your office. The project should be designed to meet the requirements of the NFIP, administered by FEMA, and be in compliance with all local ordinances. Specific questions pertaining to community flood plain regulations or developments should be referred to the local building official. February 24, 1999 Page 2 of 3 2. WATERS AND WETLANDS: POC - Michael 'Bell, Proiect Manager, Washington Field Office, Regulatory Division, at (252) 975-1616, Extension 26 The bridge replacements in Hyde and Currituck Counties appear to impact CAMA designated coastal marsh. The Little River bridge replacement in Wayne County could impact a high quality riverine system. All work restricted to existing high ground will not require prior Federal permit authorization. However, Department of the Army permit authorization pursuant to Section 404 of the Clean Water Act of 1977, as amended, will be required for the discharge of excavated or.fill material in waters of the United States or any adjacent and/or isolated wetlands in conjunction with your proposed bridge replacements, including disposal of construction debris. Specific permit requirements will depend on design of the projects, extent of fill work within waters of the United States, including wetlands (dimensions, fill amounts, etc.), construction methods, and other factors. Although these projects may qualify as a Categorical Exclusion, in order for the proposal to be considered for authorization under Nationwide Permit #23, the project planning report should contain sufficient information to document that the proposed activity does not have more than a minimal individual or cumulative impact on the aquatic environment. Our experience has shown that replacing bridges with culverts often results in sufficient adverse impacts to consider the work as having more than minimal impacts on the aquatic environment. Accordingly, the following items need to be addressed in the project planning report: a. The report should contain the amount of permanent and temporary impacts to waters and wetlands as well as a description of the type of habitat that will be affected. b. Offsite detours are always preferable to onsite (temporary) detours in wetlands. If an onsite detour is the recommended action, justification should be provided. c. Project commitments should include the removal of all temporary fills from waters and wetlands and "time-of-the-year" restrictions on in-stream work if recommended by the NC Wildlife Resources Commission. In addition, if undercutting is necessary for temporary detours, the undercut material should be stockpiled to be used to restore the site. d. All restored areas should be planted with endemic vegetation, including trees, if appropriate. February 24, 1999 Page 3 of 3 2. WATERS AND WETLANDS: Continued . e. The report should provide an estimate of the linear feet of new impacts to streams resulting from construction of the project. f. If a bridge is proposed to be replaced with a culvert, NCDOT must demonstrate that the work will not result in more than minimal impacts on the aquatic environment, specifically addressing the passage of aquatic life, including anadromous fish. In addition, the report should address the impacts that the culvert would have on recreational navigation. g. In addition, to be considered for authorization, discharge of demolition material into waters and wetlands and associated impacts must be disclosed and discussed in the project planning report. At this point in time, construction plans are not available for review. When final plans are complete, including the extent and location of any work within waters of the' United States and wetlands, our Regulatory Division would appreciate the opportunity to review those plans for a project-specific determination of DA permit requirements. If you have questions or need further information, please contact Mr. Belt. U.S. Department of Transportation United States Coast Guard Commander United States Coast Guard Atlantic Area Mr. William D. Gilmore, P.E. North Carolina Department of Transportation P.O. Box 25201 Raleigh, North Carolina 27611-5201 Dear Mr. Gilmore: 431 Crawford Street Portsmouth, Va. 23704-5004 Staff Symbol: (Aowb) Phone: (757)398-6587 16590 OS June JUN 9 2000 This is in response to your application letter dated June 3, 1999, requesting a Coast`'' trli;p?eprri 1 for a project to replace the bridge (B-3445) over Corey's Ditch Canal between the Back Bav and Currituck Sound in Currituck County, North Carolina. r Since this stream is subject to tidal influence, it is considered legally navigable for Bridge Administration purposes. This stream at the crossing site also meets the criteria for advance approval waterways outlined in Title 33, Code of Federal Regulations, Section 115.70. Advance approval waterways are those that are navigable in law, but not actually navigated by other than small boats. The Commandant of the Coast Guard has given his advance approval to the construction of bridges across such waterways; therefore, an individual permit will not be required for this project as long as our office is notified when construction begins. If you have any questions regarding this matter, please contact Mr. Terrance Knowles, at the phone number or address shown above. Sincerely, ANN B. DEATON Chief, Bridge Administration Section By direction of the Commander Fifth Coast Guard District Copy: NOAA Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director January 15, 1999 MEMORANDUM ARM.. , a2zdl wt-9-3.5 ?d- It NCDENR TO: William D. Gilmore Manager Planning and Environmental Branch FROM: Gloria Putnam, DWQ SEPA Coordinator RE: Comments on DOT Scoping Sheets, DWQ# 12307 Group = Bridge Replacement Projects PF- CF 1 r? 99 r Ilk 1V The Division of Water Quality (DWQ) requests that the following topics be discussed in the environmental review document (s): A. Identify the streams potentially impacted by the project. The current stream classifications and use support ratings for these streams should be included. This information is available from DWQ through the following contacts: Liz Kovasckitz - Classifications - 919-733-5083, ext. 572 Andrea Leslie - Use Support Ratings - 919-733-5083, ext. 577 B . Identify the linear feet of stream channelization/relocations. If the original stream banks were vegetated, it is requested that the channelized/relocated stream banks be revegetated C. Identify the number and locations of all proposed stream crossings. D. Will permanent spill catch basins be utilized? DWQ requests that these catch basins be placed at all water supply stream crossings. Identify the responsible party for maintenance. E. Identify the stormwater controls (permanent and temporary) that will be used. F. Please ensure that sediment and erosion control measures are not placed in wetlands. P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper G. Wetland Impacts i) Identify the federal manual used for identifying and delineating jurisdictional wetlands. ii) Have wetlands been avoided as much as possible? iii) Have wetland impacts been minimized? iv) Mitigation measures to compensate fok habitat losses. V) Wetland impacts by plant communities affected. vi) Quality of wetlands impacted. vii) Total wetland impacts. viii) List the 401 General Certification numbers requested from DWQ. H. Borrow/waste areas should avoid wetlands to the maximum extent practicable. Prior to the approval of any borrow/waste site in a wetland, the contractor shall obtain a 401 Certification from DWQ. 1. Please provide a conceptual wetland mitigation plan to help the environmental review. The mitigation plan may state the following: 1. Compensatory mitigation will be considered only after wetland impacts have been avoided and minimized to the maximum extent possible. 2. On-site, in-kind mitigation is the preferred method of mitigation. In-kind mitigation within the same watershed is preferred over out-of-ldnd mitigation. 3. Mitigation should be in the following order: restoration, creation, enhancement, and lastly preservation. J. The EA should discuss in detail project alternatives that alleviate traffic problems without road widening, such as mass transit and traffic congestion management techniques. DWQ is also concerned about secondary wetland impacts. For DWQ to concur with an alternative in the mountains or the piedmont, DOT will need to commit to full control of access to the wetland parcels or DOT to purchase these parcels for wetland mitigation. Written concurrence of 401 Water Quality Certification may be required for this project. Applications requesting coverage under our General Certification 14 or General Peimit 31 (with wetland impact) will require written concurrence. Please be aware that 401 Certification may be denied if wetland or water impacts have not been avoided and minimized to the maximum extent practicable. Please have the applicant call Cyndi Bell at 919-733-1786 if they have any questions on these comments. mek: \12307; NCDOT Scoping cc: Cyndi Bell - DWQ- ESB, Ecological Assessment Group 7 9 North Carolina Wildlife Resources CommissionZ 312 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391 Charles R. Fullwood, Executive Director MEMORANDUM TO: Stacy Baldwin, Project Planning Engineer Planning & Environmental Branch, NCDOT FROM: David Cox, Highway Project C77r Habitat Conservation Program DATE: January 25, 1999 SUBJECT: NCDOT Group XIX Bridge Replacement Projects. TIP Nos. B-3348, B-3349, B-33442, B-3443, B-3445, B-3524, and B-3537. Biologists with the N. C. Wildlife Resources Commission (NCWRC) have reviewed the information provided and have the following preliminary comments on the subject project. Our comments are provided in accordance with provisions of the National Environmental Policy Act (42 U.S.C. 4332(2)(c)) and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d). On bridge replacement projects of this scope our standard recommendations are as follows: 1. We generally prefer spanning structures. Spanning structures usually do not require work within the stream and do not require stream channel realignment. The horizontal and vertical clearances provided by bridges allows for human and wildlife passage beneath the structure, does not block fish passage, and does not block navigation by canoeists and boaters. 2. Bridge deck drains should not discharge directly into the stream. 3. Live concrete should not be allowed to contact the water in or entering into the stream. 4. If possible, bridge supports (bents) should not be placed in the stream. If temporary access roads or detours are constructed, they should be removed -- back to original ground elevations immediately upon the completion of the project. Disturbed areas should be seeded or mulched to stabilize the soil and native tree species should be planted with a spacing of not more than 10'x10'. If possible, when using temporary structures the area should be cleared but not grubbed. Clearing the area with chain saws, mowers, bush-hogs, or other mechanized equipment and leaving the stunips and root mat intact, allows the area to revegetate naturally and minimizes disturbed soil. 6. A clear bank (Rprap free) area of at least 10 feet should remain on each side of the steam underneath the bridge. 7. In trout waters, the N.C. Wildlife Resources Commission reviews all U.S. Army Corps of Engineers nationwide and general `404' permits. We have the option of requesting additional measures to protect trout and trout habitat and we can recommend that the project require an individual `404' permit. 8. In streams that contain threatened or endangered species, NCDOT biologist Mr. Tim Savidge should be notified. Special measures to protect these sensitive species may be required. NCDOT should also contact the U.S. Fish and Wildlife Service for information on requirements of the Endangered Species Act as it relates to the project. 9. In streams that are used by anadromous fish, the NCDOT official policy entitled "Stream Crossing Guidelines for Anadromous Fish Passage (May 12, 1997)" should be followed. 10. In areas with significant fisheries for sunfish, seasonal exclusions may also be recommended. If corrugated metal pipe arches or concrete box culverts are used: The culvert must be designed to allow for fish passage. Generally, this means that the culvert or pipe invert is buried at least 1 foot below the natural stream bed. If multiple cells are required the second and/or third cells should be placed so that their bottoms are at stream bankful stage (similar to Lyonsfield design). This will allow sufficient water depth in the culvert or pipe during normal flows to accommodate fish movements. If culverts are long, baffle systems are required to trap gravel and provide resting areas for fish and other aquatic organisms. 2. If multiple pipes or cells are used, at least one pipe or box should be designed to remain dry during normal flows to allow for wildlife passage. 3. Culverts or pipes should be situated so that no channel realignment or widening is required. Widening of the stream channel at the inlet or outlet of structures usually causes a decrease in water velocity causing sediment deposition that will require future maintenance. 4. Riprap should not be placed on the stream bed. In most cases, we prefer the replacement of the existing structure at the same location with road closure. If road closure is not feasible, a temporary detour should be designed and located to avoid wetland impacts, minimize the need for clearing and to avoid destabilizing stream banks. If the structure will be on a new alignment, the old structure should be removed and the approach fills removed from the 100-year floodplain. Approach fills should be removed down to the natural ground elevation. The area should be stabilized with grass and planted with native tree species. If the area that is reclaimed was previously wetlands, NCDOT should restore the area to wetlands. If successful, the site may be used as wetland mitigation-for the subject project or other projects in the watershed. ' Project specific comments: B-3348 - Hyde County - Bridge # 54 is located on an unnamed canal connected to Pamlico Sound. The shallow water habitat in this canal is used by numerous species of anadromous and resident fish as spawning, rearing, feeding, and escape areas. This location likely supports migrating populations of blueback herring (Alosa aestivalis) and alewife (Alosa pseudoharengus). Populations of these species in northeastern North Carolina are currently classified as depressed. Increased turbidity in these areas results in the destruction of spawning habitat, and greatly diminishes egg and fry survival. To avoid adverse impacts to spawning populations of fish species at the project site, NCDOT should follow the "Stream Crossing Guidelines for Anadromous Fish Passage". We specifically request that this structure be replaces with a spanning structure. No in-water work should be conducted between March 1 and September 30. 2. B-3349 - Hyde County - Bridge # 54 is located over Rose Bay Canal. The shallow water habitat in Rose Bay Canal is used by numerous species of anadromous and resident fish as spawning, rearing, feeding, and escape areas. This location is especially important for migrating populations of blueback herring (Alosa aestivalis) and alewife (Alosa pseudoharengus) into Lake Mattamuskeet. Populations of these species in northeastern North Carolina are currently classified as depressed. Increased turbidity in these areas results in the destruction of spawning habitat, and greatly diminishes egg and fry survival. To avoid adverse impacts to spawning populations of fish species at the project site, NCDOT should follow the "Stream Crossing Guidelines for Anadromous Fish Passage". We specifically request that this structure be replaces with a spanning structure. No in-water work should be conducted between March 1 and September 30. 3. B-3442 & B-3443 - Bridge # 224 is located over Locks Creek and Bridge # 219 is over the Cape Fear River. Both of these projects cross in locations known to support anadromous fish. Therefore, we recommend NCDOT follow the "Stream Crossing Guidelines for Anadromous Fish Passage". Coffer dams or turbidity curtains may be required to reduce sediment during construction of in-stream bridge supports. No in-water work should be performed from February 1 to June 15. Any work involving utility lines should be restricted to the north or upstream side of the bridge as there is a cleared construction corridor on this side of the bridge. 4. B-3445 - Currituck County - Bridge # 7 is located over Northern Canal which runs between Currituck Sound and Back Bay. Tributaries and cnals of Currituck Sound and Back Bay provide important spawning refugia for many freshwater fish species especially during periods of high salinity. The shallow ..,..u6v lwraue.V{{{r{l. l.lwaav 'r january L:), l yyv water habitat in this canal also provides, rearing, feeding, and escape areas for = many fish species. Increased turbidity in these areas results in the destruction of spawning habitat, and greatly diminishes egg and fry survival. To avoid adverse impacts to spawning populations of fish species at the project site, no in-water work should be conducted between March 31 and September 30. 5. B-3524 - Wake County - No specific cont:ems. 6. B-3537 - Wayne County - Bridge # 62 is located over the Little River. The Little River is known to support populations of anadromous fish at this site. We request that this bridge be replaced with a spanning structure. NCDOT should follow the "Stream Crossing Guidelines for Anadromous Fish Passage". No in-water work should be conducted between February 15 and June 15. We request that NCDOT routinely minimize adverse impacts to fish and wildlife resources in the vicinity of bridge replacements. The NCDOT should install and maintain sedimentation control measures throughout the life of the project and prevent wet concrete from contacting water in or entering into these streams. Replacement of bridges with spanning structures of some type, as opposed to pipe or box culverts, is recommended in most cases. Spanning structures allow wildlife passage along streambanks, reducing habitat fragmentation and vehicle related mortality at highway crossings. If you need further assistance or information on NCWRC concerns regarding bridge replacements, please contact me at (919) 528-9886. Thank you for the opportunity to review and comment on these projects. JAMES B. HUNT Jft A GOVERNOR WAYNE MCDEVITT SECRETARY =?. ?eDONNA D: MoFrrrT• ' DIRECTOR fi.. 'J NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESC'ORCES DIVISION OF COASTAL MANAGEMENT November 29, 1999 Ms. Stacy Baldwin, P.E. Project Development and Environmental Analysis Branch State of North Carolina Department of Transportation P.O. Box 25201 Raleigh, NC 27611-5201 Dear Ms. Baldwin: SUBJECT: Request for Comments on NC DOT Bridge Replacement Project B- 3445, Replace Bridge No. 7 on NC 615 over the Corey's Ditch Canal between Back Bay and Currituck Sour Regulatory staff at the Division of Coastal Management (DCM) have reviewed tfic Department of Transportation's request for comments on the t3roiect reference' aoove. We have consid °d the potential impact of the proposea project's alternatives upon Areas of Environmental Concern (AEC's) near the project, and we concur with the recommended Alternate A. Alternate A replaces the bridge with a two-lane struc-_::-° ,„ -s -------,mate exisung location using staged construction. Affected AEC s would be Estuarine Shorelines. Estuarine Waters, Public Trus- Areas and possibly Coastal Wetlands. Based on the NCDOT s current proposal to narrow their study to a single altc:,-,-. Alternate A, DCM staff agree that this project can proceed as a Categorical Exclusion. However, the letter DCM received on June 3, 1999 notes that DOT may consider an additional alternate based on a request from the County Manager for an alternate which would elevate the bridge to allow small boats to travel between Baci= Bay and Currituck Sound. If the DOT modifies its study to include alternates other than Alternate A, DCM will need to reconsider the potential impact of the proposed project's alternatives upon Areas of Environmental Concern near the project. In accordance with the Coastal Area Management Act, this project will require a permit from the Division of Coastal Management prior to construction. A complete assessment of the permit requirements will be made when a CAMA permit application is received from the NC DOT. It is possible that the proposed bridge replacement project will qualify for a CAMA General Permit for replacement of existing bridges and culverts in estuarine waters, estuarine shorelines, public trust areas and coastal wetlands (7H .2300). This will be dependent upon the project meeting all of the conditions outlined in the General Permit. Some of the relevant conditions are as follows: 1638 MAIL SERVICE CENTER, RALEIGH, NC 27699-1638 2728 CAPITAL BLVD., RALEIGH, NC 27604 PHONE 919-733-2293 FAX 919-733-1495 AN EQUAL OPPORTUNITY / AFFIRMATIVI %,-")N EMPLOYER - 50% RECYCLED/10% POST-CONSUMEA -A.'ER • The total area of public trust area, estuarine waters, and wetlands to be excavated or filled shall not exceed 2,500 square feet except that the wetland component shall not exceed 500 square feet. • The general permit shall not be applicable to proposed construction where DENR determines, after any necessary investigations, that the proposed activity would adversely affect areas which possess historic, cultural, scenic, conservation, fisheries, water quality or recreational values. DCM believes it is possible that Bridge No. 7 might be a historic structure. Review and approval from the NC Division of Archives & History will be required before any CAMA permit is issued. Review and approval for adverse affects to fisheries values will also be required from the NC Division of Marine Fisheries.. • Confirmation must be provided that the adjacent riparian property owners have been notified by certified mail of the proposed work. During the permitting process. we may have additional comments on the prciect's environmental impacts, ana may place conditions on the vermit to minimize any environmental impacts. The concurrence :- this letter shall not preclude us from requesting additional information throughout the permitting process. and following normai permitting procedures. Please contact me at (919) 733-2293 x 238 or via e-mail at Cathy.Brittingham@ncmail.net if you have any questions or concerns. Sincerely, Cathy Ingham Transportation Project Coordinator cc: Nancy Horne, Carter & Burgess, Inc. Ed Harrell, NC Division of Coastal Management IYA, ENK JAMffs B. HUNT JR_ GOVERNOR BILL HOLMAN SECRETARY NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF COASTAL MANAGEMENT May 1, 2000 Ms. Stacy Hams, P.E. Project Development and Environmental Analysis Branch State of North Carolina Department of Transportation P.O. Box 25201 Raleigh, NC 27611-5201 Dear Ms. Harris: 'a SUBJECT: NC DOT proposal to replace Bridge No. 7 on NC 615 over the Corey's Ditch Canal between Back Bay and Currituck Sound, Currituck county. :. TIP No. B-3445. Regulatory staff at the Division of Coastal Management (DCM) have reviewed the Department of Transportation's (DOT's) request for comments on the project referenced above in a letter dated 4/18/00. DOT has revised Alternate A to elevate the bridge structure an additional two feet to allow small boats to travel between Back Bay and Currituck Sound. The alignment of the bridge will remain the same with slight increases to approach fill lengths and widths. J r In accordance with the Coastal Area Management Act, this project will require a CAMA 1-4 permit from DCM prior to construction. A complete assessment of the permit requirements will be made when a CAMA permit application is received from the NC . DOT. During the permitting process, we may have additional comments on the project's environmental impacts, and may place conditions on the permit to minimize any environmental impacts. Preliminary comments in a letter from DCM to DOT dated 11/29/99 stated that it is possible that the proposed bridge replacement project will qualify for a CAMA General Permit for replacement of existing bridges and culverts in estuarine waters, estuarine Oil shorelines, public trust areas and coastal wetlands (7H.2300). However, the revised = proposal to elevate the bridge structure an additional two feet will likely result in the proposed project no longer qualifying for CAMA General Permit 7H .2300 due to the following specific condition of this General Permit: " Bridge replacement projects shall not increase the vertical clearance to more than five feet above normal water level (NWL) or normal high water (NHW), or by vertical clearance to more than 25 percent over the existing clearance, whichever is greater." r1R5r. llr ICI. KI.-!1 '. 2 U lot MAILING: 1638 MAIL SERVICE CENTER, RALEIGH, NORTH CAROLINA 27699-1636 PHYSICAL: 2726 CAPITAL BLVD., RALEIGH, NC 27604 PHONE: 919-733-2293 FAX: 919-733-1495 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED / 10% POST-CONSUMER PAPER DENR TOLL FREE HOTLINE: 1-877-623-6748 If the proposed project no longer qualifies for a CAMA General Permit, then DOT will be required to apply for a CAMA Major Permit. Please be aware that the processing time for a CAMA Major Permit is approximately 75 days, but can take longer depending on the complexity of the project, magnitude of environmental impacts, and other factors. Please contact me at (919) 733-2293 x 238 or via e-mail at Cathy.Brittingham@ncmail.net if you have any questions or concerns. Sincerely, n Cathy Brittingham Transportation Project Coordinator cc: Wes Stafford, Carter & Burgess, Inc. Ed Harrell, NC Division of Coastal Management :(U- James B. Hunt Jr., Governor Betty Ray McCain, Secretary January 13, 1999 MEMORANDUM sari ti t l ._ North Carolina Department of Cultural Resources TO: William D. Gilmore, P.E., Manager Planning and Environmental Branch Division of Highways Department of Transportation FROM: David Brook Deputy State ksZtoric Preservation Officer SUBJECT: Bridge Group XIX, Bridge 7 on NC 615 over canal, Currituck County, B-3445, ER 99-7924 Division of Archives and History Jeffrey J. Crow, Director ? ?, 1 9 i 999 .: T r• ?? .rid ?{/l' '? ? 1 i-:'r Thank you for your memorandum of December 8, 1998, concerning the above project. We have conducted a search of our maps and files and have located the following structure of historical or architectural importance within the general area of the project: Bridge #7. This bridge was built in 1936. We look forward to meeting with an architectural historian from the North Carolina Department of Transportation to review the aerial and photographs of the project area so we can make our survey recommendation. There are no known archaeological sites within the proposed project area. Based on our present knowledge of the area, it is unlikely that any archaeological resources which may be eligible for inclusion in the National Register of Historic Places will be affected by the project construction. We, therefore, recommend that no archaeological investigation be conducted in connection with this project. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council. on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, please contact Renee Gledhill-Earley, environmental review coordinator, at 919/733-4763. DB:slw cc: N. Graf B. Church L. Novick 109 East Jones Street • Raleigh, North Carolina 27601-2807 4%, TIP # 13.:5q y _5 Federal :did # p County (I _ur r i ?u C-I CONCURRENCE FORM FOR PROPERTIES NOT ELIGIBLE FOR THE NATIONAL REGISTER OF HISTORIC PLACES )nrepresentatives of the North Carolina Department of Transportation (NCDOT) Federal Highway Administration (FHwA) North Carolina State Historic Preservation Office (SHPO' Othe: ;viewed the subject project at A scoping meetu._ _ Historic architectural resources photograph review session/consultation Other 11 parties present agreed there are no properties over fifty years old within the project s area of potenttat eiiL;::, there are no properties less than fifty years old which are considered to meet Criterion Consideration G within the project's area of potential effect. there are properties over fifty years old (list attached) within the project's area of potential effeL:. but based on the historical information available and the photographs of eacn property. properties identified as Y , q d = are considered not eligible tc! the National Register and no further evaluation of them is necessary there are no National Register-listed properties within the project's area of potential effect. med: l `l Cie, .)resentative, i CDOT`, Date J. wA, fo ' e Division Administrator, or other Federal Aaencv Date esentat' e, SHPO Date 71 ?D ?1- e Historic Preservation Officer Date If a survey report is prepared, a final copy of this form and the attached list will be included. BOARD OF COMMISSIONERS Gene A. Gregory, Chairman S. Paul O'Neal, Vice-Chairman Ernie Bowden Eldon L. Miller, Jr. ). Owen Etheridge G $1670 COUNTY OF CURRITUCK Post Office Box 39 . Currituck, North Carolina 27929-0039 Telephone (252) 232-2075 / FAX (252) 232-3551 State Courier # 10-69-17 May 10, 1999 r Mr. William D. Gilmore, Manager .,, Planning and Environmental Branch:'. NC Department of Transportation P. O. Box 25201 Raleigh, NC 27611-5201 Re: Replacement of Bridge No.' 7 on NC 615 over northern canal between Back Bay and Currituck Sound, Currituck County, TIP No. B-3445 Dear Mr. Gilmore: WILLIAM S. RICHARDSON County Manager JOHN S. MORRISON County Attorney GWEN H. TATEM, CMC Clerk to the Board 19',? !J The County has recently received several comments from Knotts Island residents concerning a need to have the above bridge elevated when replaced to allow for small boats to travel between Back Bay and Currituck Sound. Presently, the bridge is a barrier to small boats, utilizing this waterway. Any assistance you can provide in eleva this bridge to meet the needs of our citizens would be grerhesitate preciated. I or the County staff can provide any assistance, please don't to cotta e. Until then, I remain '\ i cer 1 I illia S. Richardson ounty -Manager WSR/mg cc: Board of Commissioners Charles H. Ward, Member, Board of Transportation Don Conner, Division Engineer Jerry Jennings, District Engineer (CM:Ltr99:Gi1more/KZ Bridge:00T) State of North Carolina Department of Environment and Natural Resources Division of Marine Fisheries James S. Hunt, Jr., Governor Wayne McDevitt, Secretary Preston P. Pate, Jr., Director MEMORANDUM: '•r ....ter NCDENR NORTH CA"LiNA DErNRTMENT OF ENWRONMzw AND NAruuL. RnouncGI TO: William D. Gilmore) NCDOT Project Development and Environmental Analysis Branch - l FROM: Sara E. Winslow, Biologist Supervisor i? SUBJECT: NCDOT Bridge Replacement - B-3345 Currituck County, Replace Bridge No, 7 on NC 615 over Corey's Creek DATE: May 22, 2000 _ The North Carolina Division of Marine Fisheries reviewed the information provided relative to the Bridge No. 7 replacement . This agency approves of project as proposed, as long as BMP measures are enacted during demolition and construction. P. O. Box 769, Morehead City, North Carolina 28557-0769 Telephone 252-726-7021 FAX 252-726-0254 An Equal Opportunity Affirmative Action employer 50% recycled/ 10% post-consumer paper u 7 l Z W u W J? i /' G s W • ca c?? NNPO X83 ' o c mot' i ? ? W K M a? N M Ln &n LM cr, ?, (1 k MAl I V1 M l 7 M t ?po U O -4 LLLLI] O? W? v A a o ? U ? ti 10 ° i u m x a ° J ?? m? W ^I N W Y ?r5 ? m J C 2 I ? Q ? m b N4 O LQ ? w N U) W zcl: f W W O a P y 0 ~ co a Q) V) y ro - - •` W ?. co V7 C ? 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OG r DIVI JLJI DIVISION OF // (L,-' Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality W'OF WATER QUALITY July 25, 2002 NC Dept of Transportation Attn: Mr. Marshall Clawson 1548 Mail Service Center Raleigh, NC 27699 Subject: Stormwater Permit No. SW7020604 Bridge Replacement for Bridge No. 7, Hwy 615 General Stormwater Permit Currituck County Dear Mr. Clawson: The Washington Regional Office received the completed Stormwater Application and supporting information on June 13, 2002. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No. SW7020604 dated July 25, 2002 to the NC Department of Transportation. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. Any future development at this site will require an additional Stormwater review and a permit for any Stormwater control measures deemed appropriate. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding. 943 Washington Square Mall Washington, N.C. 27889 Telephone (252) 946-6481 FAX (252) 946-9215 NC Department of Transportation July 25, 2002 Page Two If you have any questions, or need additional information concerning this matter, please contact Bill Moore at (252) 946- 6481, extension, 264. Sincerely, l--Jim Mulligan Water Quality Regional Supervisor Washington Regional Office cc: Washington Regional Office Central Files A State Stormwater Management Systems Permit No. SW7020604 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT GENERAL PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules and Regulations PERMISSION IS HEREBY GRANTED TO NC Department of Transportation Currituck County FOR THE construction, operation and maintenance of stormwater management systems in compliance with the provisions of 15A NCAC 2H.1000 (hereafter referred to as the "stormwater rules") and the approved stormwater management plans and specifications, and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit for Best Management Practices to serve Bridge No. 7 replacement project located near Knotts Island, NC. The Permit shall be effective rescinded and shall be subject to and limitations. from the date of issuance until the following specific conditions I. DESIGN STANDARDS 1. This project involves replacement of Bridge No. 7 on NC Hwy 615 near Knotts Island, NC. BMP's include avoiding deck drains, and use of grassed shoulders. 2. Approved plans and specifications for projects covered by this permit are incorporated by reference and are enforceable parts of the permit. 3. No stormwater piping in addition to the existing piping shall be allowed except: 3 a. That minimum amount necessary to direct runoff beneath an impervious surface such as a road. b. That minimum amount needed under driveways to provide access to lots. II. SCHEDULE OF COMPLIANCE 1. Grasslined swales, vegetated buffers and other Best Management Practices used for stormwater runoff control shall be adequately maintained throughout the life of the project. 2. The permittee shall at all times provide adequate erosion control measures in conformance with the approved Erosion Control Plan. 3. The permittee shall submit all information requested by the Director or his representative within the time frame specified in the written information request. III. GENERAL CONDITIONS 1. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an enforcement action by the Division of Water Quality, in accordance with North Carolina General Statutes 143- 215.6A to 143.215.6C. 2. The permit may be modified, revoked or terminated for cause. The filing of a request for a permit modification, or termination does not void any permit condition. 3. The issuance of this permit does not prohibit the Director from reopening and modifying laws, rules, and regulations contained in Title 15A of the North Carolina Administrative Code, Subchapter 2H.1000; and North Carolina General Statute 143-215.1 et.al. 4. The following items will require a modification to the permit: a. b. C. d. e. Any revision to the approved plans, regardless of size Project name change Change of ownership Redesign or addition built-upon area. Further subdivision of 4 to the approved amount of the project area A* f. In addition, the Director may determine that other revisions to the project should require a modification to the permit. 5. For any additions or modifications of the previously permitted built-upon area, the permittee shall submit to the Director revised plans and specifications and shall receive approval prior to construction. 6. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. 7. The permit is not transferable to any person except after notice to and approval by the Director. The Director may require modification or revocation and reissuance of the permit to change the name and incorporate such other requirements as may be necessary. A formal permit request must be submitted to the Division of Water Quality accompanied by the appropriate fee, documentation from both parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits, and may or may not be approved. 8. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state and federal) which have jurisdiction. Permit issued this the 25 th day of July, 2002. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION t-1- }-, Alan'W. Klimek, PE, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number SW7020604 5 of,14T Op United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Field Office a Post Office Box 33726 411, H 3,0 Raleigh, North Carolina 27636-3726 GUIDELINES FOR AVOIDING IMPACTS TO THE WEST INDIAN MANATEE Precautionary Measures for Construction Activities in North Carolina Waters The West Indian manatee (Trichechus manatus), also known as the Florida manatee, is a Federally-listed endangered aquatic mammal protected under the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.) and the Marine Mammal Protection Act of 1972, as amended (16 U.S.C 1461 et seq.). The manatee is also listed as endangered under the North Carolina Endangered Species Act of 1987 (Article 25 of Chapter 113 of the General Statutes). The U.S. Fish and Wildlife Service (Service) is the lead Federal agency responsible for the protection and recovery of the West Indian manatee under the provisions of the Endangered Species Act. Adult manatees average 10 feet long and weigh about 2,200 pounds, although some individuals have been recorded at lengths greater than 13 feet and weighing as much as 3,500 pounds. Manatees are commonly found in fresh, brackish, or marine water habitats, including shallow coastal bays, lagoons, estuaries, and inland rivers of varying salinity extremes. Manatees spend much of their time underwater or partly submerged, making them difficult to detect even in shallow water. While the manatee's principal stronghold in the United States is Florida, the species is considered a seasonal inhabitant of North Carolina with most occurrences reported from June through October. To protect manatees in North Carolina, the Service's Raleigh Field Office has prepared precautionary measures for general construction activities in waters used by the species. Implementation of these measure will allow in-water projects which do not require blasting to proceed without adverse impacts to manatees. In addition, inclusion of these guidelines as conservation measures in a Biological Assessment or Biological Evaluation, or as part of the determination of impacts on the manatee in an environmental document prepared pursuant to the National Environmental Policy Act, will expedite the Service's review of the document for the fulfillment of requirements under Section 7 of the Endangered Species Act. These measures include: 1. The project manager and/or contractor will inform all personnel associated with the project that manatees may be present in the project area, and the need to avoid any harm to these endangered mammals. The project manager will ensure that all construction personnel know the general appearance of the species and their habit of moving about completely or partially submerged in shallow water. All construction personnel will be informed that they are responsible for observing water-related activities for the presence of manatees. 2. The project manager and/or the contractor will advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act and the Endangered Species Act. 3. If a manatee is seen within 100 yards of the active construction and/or dredging operation or vessel movement, all appropriate precautions will be implemented to ensure protection of the manatee. These precautions will include the immediate shutdown of moving equipment if a manatee comes within 50 feet of the operational area of the equipment. Activities will not resume until the manatee has departed the project area on its own volition (i.e., it may not be herded or harassed from the area). 4. Any collision with and/or injury to a manatee will be reported immediately. The report must be made to the U.S. Fish and Wildlife Service (ph. 919.856.4520 ext. 16), the National Marine Fisheries Service (ph. 252.728.8762), and the North Carolina Wildlife Resources Commission (ph. 252.448.1546). 5. A sign will be posted in all vessels associated with the project where it is clearly visible to the vessel operator. The sign should state: CAUTION: The endangered manatee may occur in these waters during the warmer months, primarily from June through October. Idle speed is required if operating this vessel in shallow water during these months. All equipment must be shut down if a manatee comes within 50 feet of the vessel or operating equipment. A collision with and/or injury to the manatee must be reported immediately to the U.S. Fish and Wildlife Service (919-856-4520 ext. 16), the National Marine Fisheries Service (252.728.8762), and the North Carolina Wildlife Resources Commission (252.448.1546). 6. The contractor will maintain a log detailing sightings, collisions, and/or injuries to manatees during project activities. Upon completion of the action, the project manager will prepare a report which summarizes all information on manatees encountered and submit the report to the Service's Raleigh Field Office. 7. All vessels associated with the construction project will operate at "no wake/idle" speeds at all times while in water where the draft of the vessel provides less than a four foot clearance from the bottom. All vessels will follow routes of deep water whenever possible. 8. If siltation barriers must be placed in shallow water, these barriers will be: (a) made of material in which manatees cannot become entangled; (b) secured in a manner that they cannot break free and entangle manatees; and, (c) regularly monitored to ensure that manatees have not become entangled. Barriers will be placed in a manner to allow manatees entry to or exit from essential habitat. Prepared by (rev. 06/2003): U.S. Fish and Wildlife Service Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 919/856-4520 Figure 1. The whole body of the West Indian manatee may be visible in clear water; but in the dark and muddy waters of coastal North Carolina, one normally sees only a small part of the head when the manatee raises its nose to breathe. RTa Illustration used with the permission of the North Carolina State Museum of Natural Sciences. Source: Clark, M. K. 1987. Endangered, Threatened, and Rare Fauna of North Carolina: Part I. A re-evaluation of the mammals. Occasional Papers of the North Carolina Biological Survey 1987- 3. North Carolina State Museum of Natural Sciences. Raleigh, NC. pp. 52. a„a ANEv? STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY GOVERNOR April 22, 2004 Mr. William D. Gilmore, P.E. EEP Transition Manager Ecosystem Enhancement Program 1652 Mail Service Center Raleigh, NC 27699-1652 Dear Sir: LYNDO TIPPETT SECRETARY Subject: Currituck County. Replacement of Bridge No. 7 over Corey's Ditch on NC 615. State Project No 8.1040601. TIP No. B-3445. The purpose of this letter is to request that the North Carolina Ecosystem Enhancement Program (EEP) provide confirmation that you are willing to provide compensatory mitigation for the project in accordance with the Memorandum of Agreement (MOA) signed July 22, 2003 by the USACE, the NCDENR and the NCDOT. The North Carolina Department of Transportation proposes to replace Bridge No. 7 over Corey's Ditch on NC 615 in Currituck County. The existing bridge will be replaced with a new bridge at the existing location. The proposed right-of-way (ROW) width for the project is 120 ft. RESOURCES UNDER THE JURISDICTION OF SECTION 404 AND 401 OF THE CLEAN WATER ACT. We have avoided and minimized the impacts to jurisdictional resources to the greatest extent possible as described in the permit application. A copy of the permit application can be found at hiip://www.ncdot.orgZplanning/pe/naturalunit/Applications.html. The remaining impacts to jurisdictional resources will be compensated for by mitigation provided by the EEP program. We estimate that 0.18 acre of wetlands will be impacted. The project is located in the Coastal Plain Physiographic Province in Currituck County in the Pasquotank River basin in Hydrological Cataloguing Unit 03010205. • The wetland impacts total 0.18 acre of estuarine wetlands. We propose to provide compensatory mitigation for the wetland impacts by using the EEP for the 0.18 acre of impacts. a I Please send the letter of confirmation to Bill Biddlecome (USAGE Coordinator) at U. S. Army Corps of Engineers Washington Regulatory Field Office (P.O. Box 1000 Washington, NC 27889-1000). Mr. Biddlecome's FAX number is (252) 975-1399. The current let date for the project is September 21, 2004 for which the let review date is August 3, 2004. In order to satisfy regulatory assurances that mitigation will be performed; the NCDWQ requires a formal letter from EEP indicating their willingness and ability to provide the mitigation work requested by NCDOT. The NCDOT requests such a letter of confirmation be addressed to Mr. John Hennessy of NCDWQ, with copies submitted to NCDOT. If you have any questions or need additional information please call Matt Haney at (919) 715-1428 Sinc ely, ; egory . Thorpe, Ph.D., Environmental Management Director Project Development & Environmental Analysis Branch cc: Mr. John Hennessy, Division of Water Quality Mr. Gary Jordan, USFWS Mr. Travis Wilson, NCWRC Mr. Ron Sechler, NMFS Mr. Michael Street, NCDMF Ms. Cathy Brittingham, NCDCM Ms. Lynn Mathis, NCDCM Mr. Jay Bennett, P.E., Roadway Design Mr. Omar Sultan, Programming and TIP Mr. Art McMillan, P.E., Highway Design Mr. David Chang, P.E., Hydraulics Mr. Greg Perfetti, P.E., Structure Design Mr. Mark Staley, Roadside Environmental Mr. Don Conner, P.E., Division 1 Engineer Mr. Clay Willis, Division 1 DEO Mr. David Franklin, USACE, Wilmington Mr. William D. Gilmore, P.E., EEP, Raleigh Ms. Becky Fox, USEPA Mr. John F. Sullivan, III, FHWA rr pr? 7 ¦ lomplets Items 1, 2, and 3. Also complete 4 N Restricted Delivery is desired. ¦ nt your name and address on the reverse that we can return the card to you. ¦ Attach this card to the back of the mailplece, or on the front if space permits. 1. Article Addressed to: United State Fish & Wildlife Service Mackay Island National Wildlife Refuge P. O. Box 39 Knotts Island, NC 27950 Attn: Ms. Suzanne Baird, Manager A. Received by (Pbese Print Clearly) B. Date of oeNwrY C. 7 ature ? ? Agent X 0 Ad WMM D. s delivery a dress di nt n its 0 Yee If YES, enter delivery ress below: 0 No 3. ice Type ertified Mail ? Express Mail ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? `lea 2. Article Number (COPY Iron service label) (1 I PS Form 3811, July 1999 Domestic Return Receipt 1025V-00-M-M UNITED STATES POSTAL SERVICr7/,__-1. - r Firs -?laae ?ta? row pt., l ?f,t,lfx • Sender: Please print yot?1;14me,Adress, and ZIP+4 in this box • N. C. Dept. of Transportation PD & EA Branch 1548 Mail Service Center Raleigh, NC 27699-1548 Attn: Ms. Beth Harmon l 1 PS Form 3800. April 1995 ?j 40 Z vi L Ln u??m -a 0 m CD ,n n Er D Q1 Ln Q D D K ?? 1 ?. Aj 'A V NCDENR North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor William G. Ross Jr., Secretary May 18, 2004 Mr. Bill Biddlecome US Army Corps of Engineers Washington Regulatory Field Office Post Office Box 1000 Washington, North Carolina 27889-1000 Dear Mr. Biddlecome: WETLANDS / 401 rRf111p VV111"R (.)UAl_i I Y ,SFCT1r)ni Project: Bridge Replacement over Corey's Ditch, NC 615 TIP#: B-3445 County: Currituck Co., Southern Outer Coastal Plain Eco-Region The purpose of this letter is to notify you that the Ecosystem Enhancement Program (EEP) will provide wetland restoration mitigation for the 0.18 acres of unavoidable coastal marsh wetlands impacts associated with the above referenced project . The subject project is not listed in Exhibit 2 of 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 dated July 22, 2003; therefore, mitigation will be provided in accordance with Section X of this Agreement. If you have any questions or need additional information, please contact Ms. Beth Harmon at (919) 715-1929. Sincereelly, ?i William D. Gilmore, P.E. Transition Manager cc: Phil Harris, Office of Natural Environment, NCDOT John Hennessy, Division of Water Quality, Wetlands/401 Unit File: B-3445 NC DENR Ecosystem Enhancement Program One 1652 Mail Service Center, Raleigh, North Carolina 27699-1652 NO hCarohna Phone: 919-715-14131 FAX: 919-715-22191 Internet: h2o.enr.state.nc.us/wrp/ Aaturallff ?PPt?ENT OR rye/yam United States Department of the Interior H o FISH AND WILDLIFE SERVICE a Raleigh Field Office ?? a ' Post Office Box 33726 yg;?CH Nib° Raleigh, North Carolina 27636-3726 December 29, 1998 Mr. William D. Gilmore, P.E., Manager Planning and Environmental Branch North Carolina Department of Transportation Division of Highways P.O. Box 25201 Raleigh, NC 2761 1-520 Attention: Ms. Stacy Baldwin, P.E. Dear Mr. Gilmore: C_ U ? 1J r - ?Lt L .? JAN 71999 WETLANDS GROUT' WATER QUALITY Thank you for your letter of December 8, 1998, requesting information from the U.S. Fish and Wildlife Service (Service) for the purpose of evaluating the potential environmental impacts of the following proposed bridge replacement projects: 11 fI , 1.1 B-3348, Hyde County, Bridge No. 54 on US 264 over Canal on Pamlico Sound, 2. B-3349, Hyde County, Bridge No. 32 on US 264 over Rose Bay Canal, 3. B-3442, Cumberland County, Bridge No. 224 on SR 1006 (Person Street) over Locks Creek-, 4. B-3443, Cumberland County, Bridge No. 219 on SR 1006 (Person Street) over the Cape Fear River; 5. B-3445, Currituck County, Bridge No. 7 on NC 615 over northern canal between Back Bay and Currituck Sound, ;1l c' u 6. B-3524, Wake County, Bridge No. 259 on SR 1370 (Tryon Road) over Norfolk Southern Railroad, and, 7. B-3537, Wayne County, Bridge No. 62 on NC 581 over the Little River. This report provides scoping information and is provided in accordance with provisions of the Fish and Wildlife Coordination Act (FWCA) (16 U.S.C. 661-667d) and Section 7 of the Endangered Species Act (ESA) of 1973, as arnended (16 U.S.C. 1531-1543). This report also serves as initial scoping comments to federal and state resource agencies for use in their permitting and/or certification processes for these projects. The mission of the Service is to provide leadership in the conservation, protection, and enhancement of fish and wildlife, and their habitats, for the continuing benefit of all people. Due to staffing limitations, we are unable to provide you with detailed site-specific comments at this time. However, the following recommendations are provided to assist you in your planning process and to facilitate a thorough and timely review of the project. Generally, the Service recommends that wetland impacts be avoided and minimized to the maximum extent practical as outlined in Section 404 (b)(1) of the Clean Water Act Amendments of 1977. In regard to avoidance and minimization of impacts, we recommend that proposed highway projects be aligned along or adjacent to existing roadways, utility corridors, or previously developed areas in order to minimize habitat fragmentation and encroachment. Areas exhibiting high biodiversity or ecological value important to the watershed and/or region should be avoided. Crossings of streams and associated wetland systems should use existing crossings and/or occur on a structure wherever feasible. Where bridging is not feasible, culvert structures that maintain natural water flows and hydraulic regimes without scouring, or impeding fish and wildlife passage, should be employed. Highway shoulder and median widths should be reduced through wetland areas. Roadway embankments and fill areas should be stabilized by using appropriate erosion control devices and/or techniques. Wherever appropriate, construction in sensitive areas should occur outside fish spawning and migratory bird nesting seasons. The National Wetlands Inventory (NWI) maps of the appropriate 7.5 Minute Quadrangles for each site should be consulted to determine if wetlands may be impacted by the respective projects. However, while the NWI maps are useful for providing an overview of a given area, they should not be relied upon in lieu of a detailed wetland delineation by trained personnel using an acceptable wetland classification methodology. We reserve the right to review any required federal or state permits that may be required for these projects at the public notice stage. We may have no objection, provide recommendations for modification of the project, or recornmend denial. Therefore, it is important that resource agency coordination occur early in the planning process in order to resolve any conflicts that may arise and minimize delays in project implementation. In addition to the above guidance, we recommend that the environmental documentation for each project include the following in sufficient detail to facilitate a thorough review of the action: A clearly defined purpose and need for each proposed project, including a discussion of the projects's independent utility, 2. A description of the proposed action with an analysis of all alternatives being considered, including the upgrading of existing bridges, new bridges on existing alignments, new bridges on new alignments, and a "no action" alternative; 2 A description of the fish and wildlife resources, and their habitats, within the project impact areas that may be directly or indirectly affected; 4. The extent and acreage of waters of the U.S., including wetlands, that are to be impacted by filling, dredging, clearing, ditching, and/or draining. Acres of wetland impact should be differentiated by habitat type based on the wetland classification scheme of the National Wetlands Inventory (NWI). Wetland boundaries should be determined by using the 1987 Corps of Engineers Wetlands Delineation Manual and verified by the U.S. Army Corps of Engineers (Corps), The anticipated environmental impacts, both temporary and permanent, that would be likely to occur as a direct result of the proposed project. The assessment should also include the extent to which the proposed project would result in secondary impacts to natural resources, and how this and similar projects contribute to cumulative adverse effects; 6. Design features and/or constriction techniques which would be employed to avoid or minimize the fragmentation or direct loss of wildlife habitat value; Design features, construction techniques, and/or any other mitigation measures which would be employed at wetland crossings and stream channel relocations to avoid or minimize impacts to waters of the United States; and, If unavoidable wetland impacts are proposed, we recommend that every effort be made to identify compensatory mitigation sites in advance. Project planning should include a detailed compensatory mitigation plan for offsetting unavoidable wetland impacts. Opportunities to protect mitigation areas in perpetuity, preferably via conservation easement, should be explored at the outset. The attached pages identify the federally-listed endangered, threatened, and candidate species that are known to occur in the respective counties. Habitat requirements for any federally-listed species that occur in the project impact areas should be compared with the available habitat at the project site. If suitable habitat is present within the action area of the project, field surveys for the species should be performed. Note that a listed species, the sensitive joint-vetch (Aeschynomene virg,inica), is known to occur in the vicinity of bridges B-3348 and B-3349 in Hyde County. Habitat for sensitive joint-vetch is a rare and specialized community known as a freshwater tidal marsh. These communities are close enough to the coast to be influenced by tidal fluctuations, yet far enough upstream to consist of fresh or only slightly brackish water. Environmental documentation should include survey methodologies and results. In addition to this guidance, the following information should be included in the document regarding protected species: A map and description of the specific area used in the analysis of direct, indirect, and cumulative impacts, 2. A description of the biology and status of the listed species and the habitat of the species that may be affected by the action, including the results of any onsite inspections; An analysis of the "effects of the action" on the listed species and associated habitat which includes consideration of a. The environmental baseline which is an analysis of the effects of past and ongoing human and natural factors leading to the current status of the species and its habitat; b. The impacts of past and present federal, state, and private activities in the project area and cumulative impacts area; C. The direct and indirect impacts of the proposed action. Indirect effects are those that are caused by the proposed action and are later in time, but are still reasonably certain to occur; d. The impacts of interrelated actions (those that are part of a larger action and depend on the larger action for their justification) and interdependent actions (those that have no independent utility apart from the action under consideration); and, The cumulative impacts of future state and private activities (not requiring federal agency involvement) that will be considered as part of future Section 7 consultation; 4. A description of the manner in which the action may affect any listed species or associated habitat including project proposals to reduce/eliminate adverse effects. Direct mortality, injury, harassment, the loss of habitat, and/or the degradation of habitat are all ways in which listed species may be adversely affected; A summary of evaluation criteria to be used as a measure of potential effects. Criteria may include post-project population size, long-term population viability, habitat quality, and/or habitat quantity; and, 6. Based on evaluation criteria, a determination of whether the project is not likely to adversely affect or may affect threatened and endangered species. 4 Candidate species are those plant and animal species for which the Service has sufficient information on their biological status and threats to their survival to propose them as endangered or threatened under the ESA. Although candidate species receive no statutory protection under the ESA, Federal agencies are required to informally confer with the Service on actions likely to jeopardize the continued existence of these species or that may destroy or modify proposed critical habitat. Federal species of concern (FSC) include those species for which the Service does not have enough scientific information to support a listing proposal or species which do not warrant listing at the present time. These species receive no statutory protection under the ESA, but could become candidates in the future if additional scientific information becomes available indicating that they are endangered or threatened. Formal listing places the species under the full protection of the ESA, and necessitates a new survey if its status in the project area is unknown. Therefore, it would be prudent for the North Carolina Department of Transportation (NCDOT) to avoid any adverse impacts to candidate species or their habitat. The North Carolina Natural Heritage Program should be contacted for information on species under state protection. The Service appreciates the opportunity to comment on these projects. Please continue to advise us during the progression of the planning process, including your official determination of the impacts of this project. If you have any questions regarding these comments, please contact Tom McCartney at 919-856-4520, ext. 32. Sincerely, ?John M. He ner Ecological Services Supervisor Enclosures FWS/R4:TMcCartney:TM:12/28/98:919/856-4520 extension 32:\7-bridge.rep cc: Michael Bell, COE, Washington, NC Eric Alsmeyer, COE, Raleigh, NC Scott McLendon, COE, Wilmington, NC David Cox, DNR, Creedmoor, NC Cyndi Bell, NCDWQ, Raleigh, NC Nicholas Graf, FHWA, Raleigh, NC Ted Bisterfield, EPA, Atlanta, GA Re: B-3445 Subject: Re: B-3445 From: Christina Breen <christina.breen@ncmail.net> Date: Mon, 01 Aug 2005 15:59:29 -0400 ()H J00 Eck- Lo Gof To: "Cheryl L. Gregory" <clgregory@dot.state.nc.us> CC: william.j.biddlecome@usace.army.mil, Lynn.Mathis@ncmail.net, "Marshall W. Clawson PE" <mclawson @ dot.state.nc.us> I am fine with these changes provided that no new additional impact occurs, that downstream water quality is not impaired by the activities and that the Corps and DCM also agree with the changes. Please be sure to show these changes on the final "as builts" and supply DWQ with 2 copies for our files. Also, keep this email as proof of our discussion and DWQ's concurrence with your assessment. Thanks. Cheryl L. Gregory wrote: Dear Madam & Sirs, On plan drawings (sheet 4 of 9) for TIP B-3445 (permit action ID No. 199910718 CAMA 132-04) a note was made stating that the sheeting on the north side of the bridge over Corey's Ditch is to be removed and sheeting on the south side is to be retained. Upon site inspection, large scours in the bay area (north side) have been recorded due to large Noreasters coming in. To avoid further scouring damage, Division's recommendation based on the history at this site has been tokeep the sheeting on the north side in place but lower it to 2 feet above MSL to minimize the erosional effects of these powerful storms. All impacts associated with installation of the sheetings have been figured in the original permits (8/13/04 & 9/3/04) no additional impacts will be accrued. Please see the attached referenced plan sheet with the note highlighted for your convenience. If you have any questions please contact Ms. Cheryl Gregory (NEU) or Mr. Marshall Clawson, P.E. (Hydraulics). Thank you. Christina Breen Environmental Specialist II NC Division of Water Quality Transportation Permitting Unit 2321 Crabtree Blvd., Suite 250 Raleigh, NC 27604-2260 Telephone: (919) 733-9604 Fax: (919) 733-6893 1 of 1 8/1/2005 3:59 PM N (h a 0 m 0 tmn ? r P N NN r\Nj N D- MATCHLINE STA. 22+00 4 R m to n 2. " 42 s 1^ ? o ? I < Z I 0-0 Soy e o e w a :" o O O ? -4 z w ..J N 4 ?S .'C , p O z i g 0000* bd > N ,? eti W + $. t Q 4p 100, I M I? I I I ? ? II ? I II rI i z I II ?I e? I II I / II I Q I MA 7 CHINE STA. 26+50 ? x