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HomeMy WebLinkAbout20061726 Ver 1_Complete File_20061208`~Y eG~,~C;. North Carolina Department of Environment and Natura~~'f~~~~ource~~po~ Division of Coastal Management '"''~;r1y~q~, Michael F. Easley, Governor Charles S. Jones, Director William G. f~~Secretary Cy January 19, 2007 Mr. Jack Cahoon, Ferry Division C/o N.C. Department of Transportation 113 Airport Drive, Suite 100 Edenton, NC 27932 RE: Letter of Refinement, CAiVIA Major Development Pcr~r,it No. 33-02, Stumpy Point Emcr~ency Ferry Terminal, Dare County. Dear Ivlr. Cahoon: This letter is in response to the N.C. Department of Transportation's (NCDO"T's) letter dated 1/12/07 requesting a refinement of CAMA Major Permit No. 33-02 to allow the use of jetting if the use of a pile hammer to install the piles is unsuccessful. The installation of the subject piles was authorized in a minor modification of CAMA Permit No. 38-02 on December 1S, 2006. Please be adVlsed that through this Letter of lc;:.;~~::':..:;, Dom` : cc~nvcys ItS Ct.:i'ii1,..~~:1'Jil t~l:i: NCDOT's plan to install the piles for the dolphin clusters by jetting if the use of a pile hammer to install the piles is unsuccessful is consistent with existing State rules and regulations and is in keeping with the original purpose and intent of CAMA Permit i1o. 3S-02 with the following conditions: 1. All jetting activities, including removal of the turbidity curtains, shall be finished prior to the start of the fisheries moratorium on Februaryl5, 2007 2. Turbidity curtains shall be used to isolate the piles from the surrounding waters when jetting is used to install the piles. The turbidity curtains shall be of sufficient length to extend to the substrate and shall encircle the immediate work area. The turbidity curtains shall be properly maintained and retained in the water until jetting is complete. The turbidity curtains shall be removed when turbidity within the curtains reaches ambient levels. 3. Jetting shall only be used if the attempts to install the piles with a pile hammer, as described in the permittee's letter dated 1/12/07, are unsuccessful. 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293 \ FAX: 919-733-1495 \ Internet: http://dcm2.enr.state.nc.us An Equal Opportunity \ Affirmative Action Employer - 50°b Recycled \ 10°o Post Consumer Paper ~,. STATE o ~°M ~T t_.~_S ~,~~~~~ STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY LYNDO TIPPETT GOVERNOR SECRETARY January 12, 2007 Cathy Brittingham Division of Coastal Management 1638 Mail Service Center Raleigh, NC 27699-1638 Dear Mrs. Brittingham, The NCDOT Ferry Division requests a permit refinement to LAMA major permit 38-02 for the allowance of jetting techniques with the installation of piles for the Stumpy Point dolphin clusters. The NCDOT will make an attempt to install the piles with a pile hammer and not use the jetting equipment. If the piles are not going down within a reasonable amount of time or severe damage is being done to the piles, because of excessive hammer force, then NCDOT will use jetting to aid in the pile installation. The work crew will document time spent in correlation to depth of pile driven to justify the use of jetting to install the piles. The crew will also document which pile clusters the jetting technique was used on. If the jetting technique is used the work crews will install a turbidity curtain around the pile cluster to incase any turbid conditions that result from the jetting. Thanks for your efforts in this matter, if any additional information is needed please let me know. I can be reached at 252-482-7977. Sincerely, Jack Cahoon Clay Willis Environmental Officer, Division One 113 Airport Dr., Suite 100, Edenton, NC 27932 -Phone: (252) 482-7977 Fax: (252) 482-8722 0~0~ W AT ~RQG _ ~' > W -I O 'C December 8, 2006 Mr. Jack Cahoon Interim Ferry Division Director North Carolina Department of Transportation 113 Arendell Street Room 120 Morehead City, North Carolina, 28557 Subject: 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with ADDITIONAL CONDITIONS for Proposed dredging improvements to t}~e Stumpy Point Ferry Terminal in Dare County, TIP 3116J, WBS Element 34525.1.12. DWQ Project No. 20061716. Dear Mr. Roper: Attached Hereto is a copy of Certification No. 003595 issued to Tl~e North Carolina Department of Transportation dated December 8, 2006. If we can be of further assistance, do not hesitate to contact us. ince ly, r ~`. ,~~ 1 ~lan W. Klimek, P.E. Director Attachments cc: Bill Biddlecome, US Army Corps of Engineers, Washington Field Office Anthony Roper, PE, Division 1 Engineer Clay Willis, Division 1 Environmental Officer Chris Militscher, Environmental Protection Agency Travis Wilson, NC Wildlife Resources Commission Gary Jordon, US Fish and Wildlife Service Cathy Brittingham, Division of Coastal Management DWQ Washington Regional Office File Copy None hCarol ina Transportation Permitting Unit ~llf!lCll~~f 1650 Mail Service Center, Ralegh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 /FAX 919-733-68931 Internet: http://h2o.encstate.nc.us/ncwetlands 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 ~! O~O~ w H r~9QG r ~ WW_ '-I ~ ~ 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with ADDITIONAL CONDITIONS THIS CERTIFICATION is issued in conforn~ity with the requirements of Section 401 Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ) Regulations in 15 NCAC 2H .0500. The project s}~all be constructed pursuant to the application dated received October 16, 2006. The application provides adequate assurance that the discharge of fill material into the Alligator River National Wildlife Refuge disposal site containment area in conjunction with the proposed dredging will not result in a violation of applicable Water Quality Standards and discharge guidelines. The applicant also realizes that a special permit will be required to dispose of spoil material in the Alligator River National Wildlife Refuge. Therefore, the State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application and conditions hereinafter set forth. Tltis approval is only valid for the purpose and design that you submitted in your application dated received October 16, 2006. Should your project change, you are required to notify the DWQ and submit a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all the conditions. If any additional wetland impacts, or stream impacts, for this project (now or in the future) exceed one acre or 150 linear feet, respectively, additional co-npensatory mitigation may be required as described in 15A NCAC 2H .0506 (}i) (6) and (7). For this approval to remain valid, you are required to comply with all the conditions listed below. In addition, you should obtain all other federal, state or local permits before proceeding with your project including (but not limited to) Sediment and Erosion control, Coastal Stormwater, Non-discharge and Water Supply watershed regulations. This Certification shall expire on the same day as the expiration date of the corresponding Corps of Engineers Permit. Condition(s) of Certification: 1. The location of this project lies within the Pamlico Sound vicinity, wliicli is part of the Tar River drainage basin. The Tar River watershed is subject to buffer rules per ISA NCAC 2B .0259. The applicant has not requested to affect any buffers within the buffer boundary surrounding the proposed project. As such, any disturbance of buffers will be considered a violation of this authorization. If it is found that buffers are going to be impacted then a modification to the application must be submitted to DWQ. Please note that is if this were to occur, mitigation may be required. 2. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials. 3. No rock, sand or other materials shall be dredged except where authorized by this certification. 4. Discharging of dredge material into adjacent surface waters is prohibited unless otherwise authorized by this certification. 5. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act) and any other appropriate requirements of State and Federal law. If DWQ determines that such standards or laws are not being met (including the failure to sustain a designated or achieved use) or that State or federal law is being violated, or that further conditions are necessary to assure compliance, DWQ may reevaluate and modify this certification. Nose hCarol ina Transportation Permitting Unit ~~~l~r~«J 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-17861 FAX 919-733-689311ntemet: httg://h2o.enr.state.nc.uslncwetlands William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality. n_r_.._In"'~....:...l~tA....._G.._n..a:.... r..... ~,....., Cno/0.....,..L.ANno%Dn~1 !`nnn~~....,. ~~..... ~~F w H ~FRQ ~O Gv G7 W~ ~ p '< William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality 6. A copy of this Water Quality Certification shall be posted on site at all times. In addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on-site project manager. 7. If the disposal area is located near any jurisdictional waters, or protected riparian buffers, then the outside buffer, wetland or water boundary located within the construction corridor approved by this authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification. 8. Upon completion of the project, the NCDOT Division shall complete and return the enclosed "Certification of Completion Form" to notify DWQ when all work included in the 401 Certification has been completed. 9. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with this permit without appropriate modification except as authorized by this certification. Should waste or borrow sites be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from construction activities. 10. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosia: Control Plmzning and Uesigrz Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment mid Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. 11. The permittee will need to adhere to all appropriate in-water work moratoriums (including the use of pile driving or vibration techniques) prescribed by the NC Wildlife Resources Commission, tl~e US Fish and Wildlife Service, and National Marine Fisheries Service. No in-water work is permitted between February 15 and October 31 of any year, without prior approval from the NC Division of Water Quality and the NC Wildlife Resources Commission, unless a turbidity curtain is utilized. In addition, the permittee shall conform with the NCDOT policy entitled "Stream Crossing Guidelines for Anadromous Fish Passage (May 12, 1997) as well as the US Fish and Wildlife Service policy entitled "Guidelines for Avoiding Impacts to the West Indian Manatee" at all times. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the Federa1404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404 or CAMA permit. If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty (60) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. If modifications are made to an original Certification, you have Nose Carolina Transportation Permitting Unit ~ "`~l~rd«/ 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 /FAX 919-733-6393 / Internet: http~!lh2o.enr.state. nc.uslncwetlands ~' ~oF w H rF,~q ~O ~ _~ ~ ~ p - '< William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality the right to an adjudicatory hearing on the modifications upon ~a~ritten request within sixty (60) days following receipt of the Certification. Unless such demands are made, this Certification shall be final and binding. This the 8th day of December ?006 WQC No. 003595 DIVISION ~ WATER QUALITY ~, / G- ,~ ~ L! j ~- Alan W. Klimek, P.E. Director o~,~ No hCarolina TransporfaGon Permitting Unit ~~~«r~«J 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 CrabUee Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-17861 FAX919-733-689311ntemet: htto://h2o.enr.state.nc.us/ncwetlands e_r_.._~n___.1.._~~.re ~r.~_.:.._ n_a:__r~_i_..,,. ~nai n........~...IN no/ ^..~~l~......~~..,... ^....... ,~~. Permit Class 1~tOnIrICATION~IINOR STATE OF NORTII CAROLINA (~ ~ ~ ~° Department of Environment and Natural Resources and l~ Permit Number 3g-02 ~~ Off. ~ ',i~ o ~:;. - ~~v - ~7 .~ '~ =~'~ ~ D ' l ti~ d; " Coastal Resources Commission ~~~~~ for 1 iVlajor Development in an Area of Environmental Concern `t:F; pursuant to NCGS 113A-118 `$ X Excavation and/or filling pursuant to NCGS 113-229 Issued to N.C. Department of Transportation, terry Operations, P.O. Box ~7, Hatteras, NC 27943 Authorizing development in Dare County at Stumpy Point Bay, off SR 1164 at Stumpy Point Emergency Terminal , as requested in the permittee's application letters dated 10/18/06 and 11/20/06. including the attached workptan drawings (5): 4 dated as received on 10/24/06; and 1 dated ns received on 11/21/06. This permit, issued on 12/1R/Q( , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Stumpy Point rmer;~ency P'crrv Terminal 1) This minor modification authorizes the expansion of the Stumpy Point Ferry basin oti the north end of the existing ferry basin, the construction of an elevated walkway to access the two berthing areas, and the addition of 10 dolphin pile clusters, all as depicted on the attached workptan drawings. 2) In order to protect Essential Fish Habitat (EFH) and related fishery resources, no excavation shall be permitted between the dates of 15 February and 31 October of any year without the prior approval of the N.C. Division of Coastal Management (DCM), in coordination with the U.S. Army Corps of Engineers (USAGE), N.C. Division of Marine Fisheries and the National Marine Fisheries Service. (Sec attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance as the case may bc. This permit must be accessible on-site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2007 In issuing this permit, the State of North Carolina agrees that your project is consistent with the Nortlr Carolina Coastal Management Program. Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. ~..~t`"'` ~''t` Charles S. Jo cs, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Pennittee ,;,~, N.C. Department of Transportation ADDITIONAL CONDITIONS Permit #38-02 Page2of3 3) The West Indian Manatee, Trichecus »tananes, which is listed as a federally endangered species, has been reported in Norih Carolina waters. In order to protect the West Indian manatee all work should be done during the period from November 1 to May 31. If work must be done during the period from June through October the enclosed guidelines, entitled "Precautions for General Construction in Areas Which may Be Used by the West Indian Manatee in Norih Carolina" shall be followed. ~) Dredging work shall cease, and the N.C. Office of State Archaeology shall be notified immediately, if any potential artifacts are located during construction. 5) Nothing in this permit authorizes any activity that has not received approval from the U.S. Fish and Wildlife Service (USFWS) for work within the Alligator River National Wildlife Refuge, including use of the Stumpy Point diked disposal area on the refuge. The proposed work shall not commence until the permittee has been issued any required Special Use Permit(s) from USFWS, and a copy of the Special Use Permit is received by DCM. 6) All construction work shall be performed outside the limits of the adjacent Stumpy Point wetland mitigation site. 7) Any mitigative measures or environmental commitments specifically made by the applicant in the Environmental Assessment and/or the Addendum to the State Environmental Assessment/Finding of No Significant Impact for this project shall be implemented, regardless of whether or not such commitments are addressed by individual conditions of this permit. 8) Prior to the effluent discharge entering Stumpy Point Bay, the permittee shall notify the Division of Environmental Health, Shellfish Sanitation Section at (252) 726-6827 prior to the commencement of any dredging activities so that the area surrounding the disposal area can be temporarily closed to the harvesting of shellfish. 9) Excavation of the authorized expansion to the ferry basin shall not exceed approximately 60 feet x 350 feet, with dredging to a depth of -8 feet below the normal low water level. Overdredging is specifically prohibited. In no case shall the depth of excavation exceed the depth of connecting waters. NOTP;: The dimensions of the ferry basin approved in the original of CAMA Permit No 38-02 were 300 feet by 3~0 feet. Therefore, the dimensions of the currently approved ferry basin, including the expanded area authorized herein, shall be approximately 360 feet by 350 feet. 10) No vegetated wetlands shall be excavated or filled, even temporarily. 11) The pile installation practice for the dolphin clusters and the pilings of the elevated walkway shall be using a vibratory }iammer. Should the permittee and/or its contractor propose to utilize another type of installation for the dolphin clusters and the pilings of the elevated walkway, such as jetting, additional authorization from DCM shall be required. 12) The expanded ferry basin areas authorized by this minor modification shall be eligible for maintenance through the maintenance clause of the minor modification/renewal of LAMA Permit No. 38-02 that was issued on 1/18/06 (Permit Condition No. 9). N.C. Department of Transportation ADDITIONAL CONDITIONS Permit #38-02 Page 3 of 3 13) The elevated walkway, finger piers, and associated structures shall be elevated a minimum of 3 feet above any coastal wetland substrate as measured from the bottom of the decking. 14) This permit authorizes only the elevated walkway, finger piers, dolphin clusters and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, may become a permanent part of this ferry terminal without permit modification. No non-water dependent uses of structures may be conducted on, in or over public trust waters without permit modification. Sedimentation and Erosion Control 15) This project shall conform to all requirements of the N.C. Sedimentation Pollution Control Act and the N.C. Department of Transportation's (NCDOT's) Memorandum of Agreement with the Division of Land Resources. 16) Design Standards for Sensitive Watersheds, 15A NCAC 4B .0124, shall be implemented. General 17) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 18) The N.C. Division of Water Quality (DWQ) authorized the proposed project on 12/8/06 under Water Quality Certification No. 3595 (DWQ Project No. 06-1716). Any violation of the Certification approved by DWQ shall be considered a violation of this CAMA permit. 19) This permit does not eliminate the need to obtain any additional permits, approvals or authorizations that may be required. This includes approval, if required, from the N.C. Division of Water Quality under stormwater management rules of the Environmental Management Commission. If a Stormwater Management Permit is required, it shall be obtained and a copy provided to DCM prior to initiation of construction. NOTE: The U.S. Army Corps of Engineers is reviewing this project as an Individual Permit (Action ID No. SAW-2006-41252-128). 20) This minor modification shall be attached to the original of Permit No. 38-02, which was issued on 4/2/02, the two Letters of Refinement, both of which were issued on 6/5/02, and the minor modification/renewal which was issued on 1/18/06, and copies of all documents shall be readily available on site when a Division representative inspects the project for compliance. 21) All conditions and stipulations of the active permit remain in force under this minor modification unless altered herein. ~ ~- '~~ ~ ~ ~~~.~.. ~ ~~ ~~~~~~ ~£ North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor Division of Marine Fisheries Preston P. Pate Jr., Director William G. Ross Jr., Secretary MEMORANDUM DEC 2 0 2006 X7.5. A12I1'~Y ~OItiPS ~'.NC.r 'bVashln~toin Regulatory 1Ftd ®[c TO: Bill Bidd!ecom~ USACOE FROM: Mi'-- "' _~ ~ ,~ ~) ;~fC ~ DATE: No ~(,~ %~'t ~'~ ~ ~ ~l,r~~~ ~~c.~:~--L SUBJECT: NC ~,~ ~'/ ~'~' ` ~~~~ ID; Attached i questions, please MS/sw have any O ~~~.A 1~ /^//M' ~~ , . y,f n ~ V\ ~~`~ y`',l r w'~ ~; ~~ ST~~~r~. 3441 Arendell Street, P.0. Box 769, Morehead City, North Carolina 28557 Phone: 252 726-7021 \ FAX: 252 727-51271 Internet: ~vw~v.ncdmf.net An Equal Oppo~uniry / Affirmativa Acticn Employer- 50 °o Recycled 1109b post Ccnsumer Paper i=t~Carolina ~rttrt~~rllJ ~...~~- NCDENR North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor ~ Division of Marine Fisheries Preston P. Pate Jr., Director William G, Ross Jr., Secretary MEMORANDUM: TO: Bill Biddlecome, USACOE THROUGH: Mike Street, Chief Habitat Section FROM: Sara E. Winslow, Northern District Manager SUBJECT: NCDOT -Expansion Stumpy Point Emergency Ferry Terminal - ID# SAW- 2006-41252-128 DATE: November 6, 2006 The North Carolina Division of Marine Fisheries submits the following comments pursuant to General Statute 113-131. The NCDOT proposes to enlarge the existing Stumpy Point Ferry Basin by 60 ft by 350 ft on the north end of the basin. Existing water depths are 2 - 3.5 ft deep. A final depth of 8 ft is proposed, which is consistent with the existing facility. The Division approves of the project as proposed, with the following modification. If NCDOT will utilize a turbidity curtain around the area of excavation this work could occur at anytime. If a curtain is not used an in-water moratorium for the excavation is requested from February 15 through October 31. This will ensure the environmental integrity of the area is protected during critical times of usage. 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 One No thCarolina Phone: 252 264-3911 1 FAX: 252 264-37231 Internet: www.ncdmf.net ~~Itlll"Grlh~ ~j ,, RECEIVED i `~A. United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 November 9, 2006 Bill Biddlecome U.S. Army Corps of Engineers P.O. Box 1000 Washington, NC 27889-1000 Dear Mr. Biddlecome: 'd,~~° _ ~til~, REOCrI`A"ttfl'~ R??GN(',u ~ ~ ~ ~;~' This letter is in response to your request for comments on Public Notice ID No. SAW-2006- 41252-128, dated November 2, 2007. The North Carolina Department of Transportation has applied for a Department of the Army permit to impact 0.48 acres of estuarine shallow bottom habitat to expand the Stumpy Point Emergency Ferry Terminal in Dare County, North Carolina (TIP No. R-3116J). These comments are provided in accordance with provisions of the Fish and Wildlife Coordination Act (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). Based on the available information, we do not believe that the proposed activities will have significant adverse and/or irreversible effects on fish and wildlife resources. Therefore, the Service has no objection, from the standpoint of fish and wildlife, to the issuance of a permit related to the proposed activities. The Service appreciates the opportunity to review this project. If you have any questions regarding our response, please contact Mr. Gary Jordan at (919) 856-4520, ext. 32. Sincerely, Pete Ben~amm Field Supervisor cc: Chris Militscher, USEPA, Raleigh, NC Travis Wilson, NCWRC, Creedmoor, NC - - David Wainwrights NCDWQ, Raleigh, N~ `~~GI ~'r~' ~~;~ °~Y ` / v AFC ~,~. ~ ~ ~ ~; ~ )jgNOc Y~ ,~H;, 06 ~~,~r~RM~q~ n en,~NC~r t ~ It.11 US Army Corps Of Engineers Wilmington District PUBLIC NOTICE ~f, /`/~G '`~ '+V RB Issue Date: November 2, 2006 ~~~ Comment Deadline: December 4, 2006 Corps Action ID #: SAW-2006-41252-128 The Wilmington District, Corps of Engineers (Corps) has received an application from the North Carolina Department of Transportation, Ferry Division seeking Department of the Army authorization to impact 0.48 acres of estuarine shallow bottom habitat associated with the proposed expansion of the Stumpy Point Emergency Ferry Terminal in Dare County, North Carolina. Specific plans and location information are described below and shown on the attached plans. This Public Notice and all attached plans are also available on the Wilmington District Web Site at www.saw.usace.army.mil/wetlands Applicant: North Carolina Department of Transportation Ferry Division 113 Airport Drive, Suite 100 Edenton, North Carolina 27932 Authority The Corps will evaluate this application and a decide whether to issue, conditionally issue, or deny the proposed work pursuant to applicable procedures of Section 404 of the Clean Water Act and Section 10 of the River and Harbor Act of 1899. Location The proposed project is located off North Carolina State Road 1164, adjacent to the existing NCDOT Stumpy Point Ferry basin in Stumpy Point Bay, near the community of Stumpy Point, in Dare County, North Carolina. The proposed project is located in the Pasquotank River Basin, Hydrologic Unit 03020105. Latitude 35.6973174N, Longitude 75.7707431 W Existing Site Conditions The proposed work would permanently impact 0.48 acres (60' X 350'proposed dredge area located on the north end of the existing basin) of estuarine shallow bottom habitat by changing the current water depths from 2 - 3.5 feet deep to the proposed water depth of 8 feet. The existing ferry basin is currently 300 X 350 feet by 8 feet deep and the proposed expansion would create a 360 X 350 foot, 8 foot deep ferry basin. A survey for Submerged Aquatic Vegetation (SAV's) was conducted by NCDOT in the project area by two divers and one person using a rake. No SAV's were found in the project area. NCDOT conducted an Essential Fish Habitat Assessment and concluded that do to the small size of the proposed work area no significant impacts to Essential Fish Habitat would occur. Applicant's Stated Purpose The existing Stumpy Point Ferry currently can operate 4 boats between Rodanthe and Stumpy Point. The proposed project will allow 6 boats to operate, which will increase transportation ability between Hatteras Island and mainland Dare County during emergency situations if the NC 12 corridor becomes impassable for extended periods of time. The existing basin includes two slips for the overnight storage of ferry vessels. The proposed project would create space for two additional slips in the turning basin so that additional vessels can be incorporated into the Stumpy Point-Rodanthe emergency route. Project Description The following description of work is taken from data provided by the applicant. Plans submitted with the application show the proposed project expanding the existing Stumpy Point Ferry basin to accommodate two additional berthing spaces. This will allow the Stumpy Point to Rodanthe Ferry route the option of running six ferries during a cycle. The proposed project will require dredging an area that is 60 X 350 feet to a depth of 8 feet. The proposed depth of 8 feet will allow enough depth for the ferries to operate safely in and maintain a consistent depth with the state and federal channels that provide access to the deeper waters of the Pamlico Sound. The proposed dredging project will create between 3000-4000 cubic yards of dredge spoil that will be placed at the Corps of Engineers (COE) dredge, spoil site located on U.S. Fish and Wildlife (USFWS) property located south of Stumpy Point Bay. The proposed dredging would be accomplished by using a cutter head dredge with lift pump and several thousand feet of pipeline to transfer the material into the containment basin. The USFWS will be coordinated with through a special use permit to allow this activity. The two berthing areas will be accessed by a new elevated walkway that will consist of two sections. The main section will be 6 foot by 100 foot with two finger walkways that will be 6 foot X 25 foot as shown on the provided work plan. These walkways will be made from salt treated wood and pilings. The walkway and finger piers will be located over the water except where the landing ties into land. There are also 6 new pile clusters (dolphins) being proposed for the berthing areas. These pile clusters will be made of salt treated wood pilings with 9-19 piles in each cluster. If a pile cluster uses 19 piles, the total surface area impacted by each cluster would be 10.26 square feet or 61.56 square feet for all six clusters. The piles will be driven using a vibratory hammer. There will not be fill impacts to wetlands or surface waters associated with this project. The applicant has considered several alternatives to the proposed project. NCDOT examined the possibility of providing additional berthing space at the Rodanthe terminal rather than the Stumpy Point terminal. However, the expansion of the Rodanthe terminal would require extensive dredging in order to provide additional berthing spaces. Additionally, expansion was considered at the Stumpy Point terminal to the south side of the existing basin; however this alternative was not pursued as potential dredging would be required outside the boundaries of state owned property. The project is identified as TIP Project No. R-3116J. The following commitments were included in the original State Environmental Assessment/Finding of No Significant Impact, published in 2002 and the Addendum published in September 2006 and NCDOT plans to honor the following project conunitments: 1. A special use permit is required with the Alligator River National Wildlife Refuge for the use of their spoil storage site. 2. NCDOT will coordinate with the Division of Marine Fisheries regarding seasonal construction moratoriums. Note -The Ferry Division anticipates completing this project prior to February 15, 2007, before any in-water work moratoriums would be required. 3. All construction work will be performed outside the limits of the adjacent Stumpy Point wetland mitigation site. 4. NCDOT should adhere to "Guidelines for Avoiding Impacts to the West Indian Manatee: Precautionary Measures for Construction Activities in North Carolina Waters" for this project. 5. NCDOT's design standards insensitive watersheds will be implemented. 6. A general submerged aquatic vegetation (SAV) search will be conducted by the Division of Marine Fisheries prior to construction. The need for additional surveys will be determined at that time. Note - NCDOT has completed a SAV survey in the study area and found no SAV's. 7. The need for underwater archaeology studies was pending. Note - NCDOT has coordinated with the Office of State Archaeology; it was determined that no underwater archaeology studies are warranted for this project. However, dredging work will cease and the OSA will be notified immediately if any potential artifacts are located during construction. 8. NCDOT will coordinate with the U.S. Fish and Wildlife Service regarding all "May Affect, Not Likely to Adversely Affect" biological conclusions. Note - NCDOT has coordinated with USFWS and has received a concurrence with their biological conclusions. 9. NCDOT will prepare an Essential Fish Habitat Assessment and coordinate with the National Marine Fisheries Service on this work. Note - NCDOT conducted an Essential Fish Habitat Assessment in August 2006 and no significant impacts to EFH are anticipated. Overall plans showing the location of the proposed dredging, construction and impact sites are included with this public notice. Additional detailed plans and findings for the project, including NCDOT's February 15, 2002 Administrative Action, State Environmental Assessment/Finding of No Significant Impact and NCDOT's September 14, 2006 Addendum to the State Environmental Assessment/Finding of No Significant Impact, may be reviewed at the U.S. Army Corps of Engineers Regulatory Field Office at 107 Union Drive, Suite 202, Washington, North Carolina 27889, or at the offices of the North Carolina Division of Water Quality at the address shown below. Other Required Authorizations This notice and all applicable application materials are being forwarded to the appropriate State agencies for review. The Corps will generally not make a final permit decision until the North Carolina Division of Water Quality (NCDWQ) issues, denies, or waives State certification required by Section 401 of the Clean Water Act (PL 92-500). The receipt of the application and this public notice combined with the appropriate application fee at the North Carolina Division of Water Quality central office in Raleigh will constitute initial receipt of an application fora 401 Water Quality Certification. A waiver will be deemed to occur if the NCDWQ fails to act on this request for certification within sixty days of the date of the receipt of this notice in the NCDWQ Central Office. Additional information regarding the Clean Water Act certification may be reviewed at the NCDWQ Central Office, the Transportation Permitting Unit, 2321 Crabtree Boulevard, Raleigh, North Carolina 27604-2260. All persons desiring to make comments regarding the application for certification under Section 401 of the Clean Water Act should do so in writing delivered to the North Carolina Division of Water Quality (NCDWQ), 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 Attention: Mr. John Hennessy by December 4, 2006. The applicant has certified that the proposed work complies with and will be conducted in a manner that is consistent with the approved North Carolina Coastal Zone Management Program. Pursuant to 33 CFR 325.2 (b)(2) the Corps is, by this notice, forwarding this certification to the North Carolina Division of Coastal Management (NCDCM) and requesting its concurrence or objection. Generally, the Corps will not issue a Department of the Army (DA) permit until the NCDCM notifies the Corps that it concurs with the applicant's consistency certification. Essential Fish Habitat This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the Magnuson-Stevens Fishery Conservation and Management Act. The Corps' initial determination is that the proposed project will not adversely impact EFH or associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management Councils or the National Marine Fisheries Service. Cultural Resources The Corps has consulted the latest published version of the National Register of Historic Places and is not aware that any registered properties, or properties listed as being eligible for inclusion therein are located within the project area or will be affected by the proposed work. Presently, unknown archeological, scientific, prehistoric, or historical data may be located within the project area and/or could be affected by the proposed work. Endangered Species The Corps has reviewed the project area, examined all information provided by the applicant and consulted the latest North Carolina Natural Heritage Database. Based on available information, the Corps has determined pursuant to the Endangered Species Act of 1973 (ESA), that the proposed project may affect federally listed endangered or threatened species or their formally designated critical habitat. On September 18, 2006, .USFWS issued a letter of concurrence to NCDOT stating that the Service concurs with the determination that the project "may affect, but is not likely to adversely affect" the bald eagle and the federally listed red wolf. Additionally, USFWS concurred that the proposed project "may affect, but is not likely to adversely affect" the West Indian Manatee based on the commitment by NCDOT to implement the Service's "Guidelines For Avoiding Impacts to The West Indian Manatee: Precautionary Measures for Construction Activities in North Carolina Waters." The Service also concurred in their September 18, 2006, letter that in regard to beach nesting habitat, the project will have no effect on any sea turtle species and do to the lack of suitable habitat, the Service concurred that the project will have no effect on the piping plover, red-cockaded woodpecker, roseate tern, and seabeach amaranth. The aquatic range of the federally protected sea turtles are under the purview of the National Marine Fisheries Service (NMFS) and NCDOT has requested by letter dated September 28, 2006, a concurrence with the biological determination of "may effect, not likely to adversely affect "for the listed sea turtles. A final determination on the effects of the proposed project will be made upon additional review of the project and completion of any necessary biological assessment and/or consultation with the U.S. Fish and Wildlife Service and/or National Marine Fisheries Service. Evaluation The decision whether to issue a permit will be based on an evaluation of the probable impacts, including cumulative impacts, of the proposed activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit which reasonably maybe expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, flood plain values (in accordance with Executive Order 11988), land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. For activities involving the discharge of dredged or fill materials in waters of the United States, the evaluation of the impact of the activity on the public interest will include application of the Environmental Protection Agency's 404(b)(1) guidelines. Commenting Information The Corps is soliciting comments from the public; Federal, State and local agencies and officials, including any consolidate State Viewpoint or written position of the Governor; Indian Tribes and other interested parties in order to consider and evaluate the impacts of, this proposed activity. Any comments received will be considered by the Corps to determine whether to issue, modify, condition or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement (EIS) pursuant to the National Environmental Policy Act (NEPA). Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider the application. Requests for public hearings shall state, with particularity, the reasons for holding a public hearing. Requests for a public hearing shall be granted, unless the District Engineer determines that the issues raised are insubstantial or there is otherwise no valid interest to be served by a hearing. Written comments pertinent to the proposed work, as outlined above, will be received by the Corps of Engineers, Wilmington District, until Spm, December 4, 2006. Comments should be submitted to Mr. William Biddlecome, Post Office Box 1000, Washington, North Carolina 27889-1000, telephone (252) 975-1616, extension 26. - k 5 (~y~~3'~~ ~_ ~-S'. - ~,rxv~v t1tuJRi C;L4lr)f (,i1t'L EL? >(; c3Jt'_/ N stumpy Point Ferry Project i.. ~ ~~ Dire County ~~~~ ~~ ~,. N Miles N i ~ ,. . I: Stumpy Point, Dare County i ;l ~. i~~ ~~! ~~ ---rte` ~ , ~i '~ . ~m WL6 ~ U ~. •~ ~ ~~~ ~~~ ~ ~ ~~ ~~ ~a~ ~" ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~ I~ ~~ ~, ~g ~ ~~ ~~ ~~ x x ~-.I.__F-~'~~n-F _ RAMP D ^ -- - •F~ - ~ PARKING ~ ~ LOT 3 I . No00 ACCESS p[P 1[•1/ ri! '~~ 8 3 ~ 7~ M `~ s Q'N ~k ~~~ ~' W~ ~~ ~ p ~O~ x ~s ~~ p-~. ,`_ 0 .\•~ 06 0' 03 O 2•\ 2 9 3 0 2 0 0 0 ,3. O o h~" ~~o ~~ .3? • ~ ~~~ 0 ,~ PROPdSIID RXCAVATION ',~'~ i ~ - '~r•' IUpWNG PlE CLUSIEA X10 BE PFLOCAIEO AS NLEDED ~ ~ ",y / 1 'd a ~1 `~ m~ .~,Q Rq 1 ~ p J ~~ ~ ~ p ~ Ilp LL X ~ E ~ CEO i i p _Zb ~ ~ I- ~ ~ t i ~ N ~ X '~ ~ 0 6.31 ~ $ TB' ~6' LiJ ~ ~ ~ o _ _ ~ ':~ `~~ `~~ 3~ .36 ,1 \ 5 ~ o 22 \ ~ J ~ ~ ~.` ~ ~ W ~ ~ ! o~ ~ 0 0 ~ ~ ~ L "~ 1 ~ ~ i ~ ~ ~ ~ ~ ~ .. ~ ` 6 ~ ~ ~ ;: / ~\ ~ I . O ~ ,~ ~ ~ • ~~ ij ,, ` ' ~ ~ `~ .. ti W W A 0 t~ E~ U U 0 z 0 U F- O m c~ z ~_ _~ X W i N as 0 4 Q _Z N a m 0 w 0 O a 4 'IOJ ` 4 4 . ~D ° ~ ~ . a a a~ ., a a~ ,w 2 m 2 W ~~.,,, ~M ~a h~~ W~ ~~ ~o ~x~ fiy~ Q ~ 0 ~~ h~ ~ ~~ N fl N r APPLICJTION FOR DEPARTMENT OF THE ARMY PERMIT ~ OMB APPROVAL NO. 0710-0003 /33 CfR 325J Expires December 31, 2004 The Public burden for this collection of Informetlon Is sestlmated to average 10 hours per response, although the maJorky of appllcetlons should require 5 hours or less. This includes the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing end reviewing the collection of information. Sand comments regarding this burden estimate or any other aspect of this collection of (nformation, including suggestions for reducing this burden, to Department of Defense, Washington Haadgwrtero Service Dlroctorete of Information Operations end Reports, 1215 ,bfferson Davie Highway, Suite 1204, Arlington, VA 22202-4302; and to the Offlca of Management and Budget, Paperwork Reduction Project (0710.0003(, Washington, DC 20603. Respondents should be aware that notwlthstanding any other. provision of law, no person shall be subjeot to any penalty for falling to comply wkh a collection of information H k doss not display s ourrently valid OMB control number. Please DO NOT RETURN your form to skher of those addresses. Completed appllostlons must be submitted to the District Engineer having jurisdiction over the location of the proposed activity. PRIVACY ACT STATEMENT Authorkies: Rivers and Harbors Act, Section 10, 33 USC 403; Clean Wetsr Act, Seotlon 404, 33 USC 1344; Merlne Protection , Research and Sanctuaries Act, 33 USC 1413, Section 103. Principal Purpose: Information provided on this form will be used in evaluating the applloatlon.for e psrmk. Routine Uses: This Informetlon may be shared with the Department of Justice end other federal, state, and looal government apsnolss. Submission of requested information Is voluntary, however, if information is not provided the permk appl~etlon cannot be evaluated nor can a permk bs issued. One set of original drowings or good reproduoible copies which show the location end character of the proposed actlvky must bs attached to this application (see sample drawings and Instructbns) and be submitted to the District Engineer hevinp jurisdiction over the bcatlon of the proposed activity. An application that is not oomQleted in full will be returned. 1. APPLICATION NO. 2. FIELD OFFICE CODE ~ 3. DATE RECEIVED ~ 4, DATE APPLICATION COMPLETED lT ELOW T BE F L BY AN 5. APPLICANT'S NAME 8. AUTHORIZED AGENT'S NAME AND TITLE (an spent is not reauiredl NCDOT Ferry Division Clay Willis-NCDOT Division 1 6. APPLICANT'S ADDRESS 9. AGENT'S ADDRESS NCDOT 113 Airport Drive Suite 100 Edenton, N.C. 27932 7.. APPLICANT'S PHONE NOS. W/AREA CODE 10. AG T'S PHONE NOS. W A EA COD ' a. Residence a. Residence b. Business 2 5 2- 4 8 2- 7 9 7 7 b. Business 1 1 • STA MTF` ENT OF AUTHORIZATION I hereby authorize, to act in my behalf as my agent in the processing of this application and to tarnish, upon request, supplemental information in support of this permit application. APPLICANT'S SIGNATURE PATE NAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY 12. PROJECT NAME OR TITLE iseeinstntctions• Stumpy Point Ferry Basin Expansion 13. NAME OF WATERBODY. IF KNOWN /I/AnNIrAMInI Stumpy Pt. Bay - Pamlico Sound 15. LOCATION OF PROJECT Dare North Carolina 14. PROJECT STREET ADDRESS Illep/ricebiel SR 1164 Log Storage Rd. Stumpy Point Dare County N.C. 27978 COUNTY STATE 16. OTHER LOCATION DESCRIPTIONS, IF KNOWN, Isee instruct/onsl 17. DIRECTIONS TO THE SITE Take US 264 south from US 64 in Dare County. Travel approximately 13 miles and turn left on SR 1164, this road ends at the Stumpy Point ferry terminal. u EDITION OF FEB 94 IS OBSOLETE. (Proponent: CECW-OR3 ~ ~ 18. Nature Of ACt'nrity (Dascrlprion oI pr%ct, tnc/unV9 Nl feetwesl The proposed project will expand the existing ferry basin by increasing the width 60 ft. to the north. The bottom will be dredged to a depth of 8 ft. This will allow berthing of two ferry boats, which will increase the utilization capacity of the Stumpy Pt. ferry terminal. 19. PfOJECt PurpOSe IDeecNbe the re•sar a pu'prue of the project, see instruciionsJ The existing Stumpy Point Ferry currently can operate 4 boats, which run between Rodanthe and Stumpy Pt. The proposed project will allow 6 boats to operate, which increases transportion ability between Hatteras Island and mainland Dare County during emergency situations. 0 USE BLOCKS 20.22 IF DR~GED AND(OR FILL MATERIAL IS TO BE DISCHARGED 20. Reason(s) for Discharge Discharge is resulting from dredging the 60 X 350 ft. expansion area. The dredge spoil will be placed in an approred dredge spoil diked location. 21. Type(s) of Material Being Discharged and the Amount of Each Tvoe In Cubic Yards Material will be frcm the bottom of Stumpy Pt. Bay, which is muck and sand. The amount of area to be dredged is approximately 3000 cubic yards. 22. Surface Area in Acres of Wetlands or Other Waters Filled IseelnsrrucrionsJ There will be no surface waters or wetland fill associated with this project. 23. Is Any Portion of the Work Already Complete? Yes ~ No " IF YES. DESCRIBE THE COMPLETED WORK 24. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (lf more than can be entered here, please attach a supplemental list). 1)Marietta Trainor - P.O. Box 634 Manteo, N. C. 27954 2)U.S. Fish and Wildlife Service - P.O. Box 1969 Manteo, N.C. 27954 3)Robert Midgett - 178 Bayview Drive Stumpy Point, N. C. 27978 25. List of Other Certifications or Approvels(Denials Received from other Federal, Stste or Local Agencies for Work Described in This Application. AGENCY TYPE APPROVAL• IDENTIFICATION NUMBER DATE APPLIED DATE APPROVFn nnrF nFtiicn 'Would include but is not restricted to zoning, building and flood plain permits 26. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the information in this applicstion is complete and accurate. I further certify that I possess the authority to undertake the work described herein or am acting as the duly authorized a nt of the applicant. ~ ~1 GNATURE OF APPLICANT DAT~ SIGNATURE OF AGENT DATE The application must be signed by the person who desires to undertake the proposed activity lapplicant) or it may be signed by a duly authorized agent if the statement in block 11 has been filled out and signed. 18 U.S.C, Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals, or covers up any trick, schertfe, or disguises a material fact or makes any false, fictitious or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall be fined not more than S 10,000 or imprisoned not more than five years or both. oFwArF9 1 ~~' OG ~ r ~_ ~ O 'C 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 October 26, 2006 MEMORANDUM To: Melba McGee, Environmental Coordinator, Office of Legislative and Intergovernmental Affairs Through: John Hennessy, Supervisor, Transportation Permitting Unit ,~/~ ~ ~,) From: David Wainwright, Transportation Permitting Unit, Division of Water Qualityp Subject: Comments on the Finding of No Significant Impact Related to the Proposed Dredging of Stumpy Point Bay for an Emergency Ferry Terminal, Dare County, TIP R-3116J, State Clearinghouse Project No. 07-0097, WBS Element 34525.1.12. This office has reviewed the referenced document dated September 14, 2006. The Division of Water Quality (DWQ) is responsible for the issuance of the Section 401 Water Quality Certification for activities that impact Waters of the U.S., including wetlands. It is our understanding that the project as presented will result in impacts to jurisdictional wetlands, streams, and other surface waters. The DWQ offers the following comments based on review of the aforementioned document: Project Specific Comments: Review of the project reveals the presence of surface waters classified as SA; High Quality Waters of the State in the project study area. This is one of the highest classifications for water quality. Pursuant to 1 SA NCAC 2H .1006 and 15A NCAC 2B .0224, NC DOT will be required to obtain a State Stormwater Permit prior to construction. 2. The permittee should adhere to all appropriate in-water work moratoriums (including the use of pile driving or vibration techniques) prescribed by the NC Wildlife Resources Commission, the US Fish and Wildlife Service, and National Marine Fisheries Service. The US Fish and Wildlife Service has concluded that the West Indian manatee may frequent the waters of Stumpy Point Bay, and therefore no in-water work should occur between June and October of any year, without prior approval from the NC Division of Water Quality and the NC Wildlife Resources Commission. In addition, the permittee should conform to the US Fish and Wildlife Service policy entitled "Guidelines for Avoiding Impacts to the West Indian Manatee" at all times. 3. For projects impacting waters classified by the NC Environmental Management Commission as Trout (Tr), High Quality Waters (HQW), or Water Supply I or II (WSI, WSII) stormwater shall be directed to vegetated buffer areas, grass-lined ditches or other means appropriate to the site for the purpose ofpre-treating storm water runoff prior to discharging directly into streams. Mowing of existing vegetated buffers is strongly discouraged. N~on~Carolina Transportation Permitting Unit ~ ~"E~uCQ~~f~ 1650 Mall Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-17861 FAX 919-733-&8931 Internet: htto:l/h2o.enr.state.nc.us/ncwetlands An Equal Opportunity/Affirmative Action Employer - 50% Recycled110% Post Consumer Paper The permittee shall use Design Standards in Sensitive Watersheds [15A NCAC 4B.0124(a)-(e)]. Temporary cover (wheat, millet, or similar annual grain) or permanent herbaceous cover should be planted on all bare soil within 15 days of ground disturbing activities to provide long-teen erosion control. Erosion control matting should be used in conjunction with appropriate seeding on disturbed soils in steep slope and riparian areas. Matting should be secured in place with staples or wherever possible, lives stakes of native trees. Straw mulch and tall fescue should not be used in riparian areas. General Comments: 5. The environmental document should provide a detailed and itemized presentation of the proposed impacts to wetlands and streams with corresponding mapping. If mitigation is necessary as required by 15A NCAC 2H.0506(h), it is preferable to present a conceptual (if not finalized) mitigation plan with the environmental documentation. Appropriate mitigation plans will be required prior to issuance of a 401 Water Quality Certification. 6. After the selection of the preferred alternative and prior to an issuance of the 401 Water Quality Certification, the NCDOT is respectfully reminded that they will need to demonstrate the avoidance and minimization of impacts to wetlands (and streams) to the maximum extent practical. In accordance with the Environmental Management Commission's Rules { 15A NCAC 2H.0506(h)}, mitigation will be required for impacts of greater than 1 acre to wetlands. In the event that mitigation is required, the mitigation plan should be designed to replace appropriate lost functions and values. The NC Ecosystem Enhancement Program may be available for use as wetland mitigation. 7. Future documentation, including the 401 Water Quality Certification Application, should continue to include an itemized listing of the proposed wetland and stream impacts with corresponding mapping. 8. DWQ is very concerned with sediment and erosion impacts that could result from this project. NC DOT should address these concerns by describing the potential impacts that. may occur to the aquatic environments and any mitigating factors that would reduce the impacts. 9. An analysis of cumulative and secondary impacts anticipated as a result of this project is required. The type and detail of analysis should conform to the NC Division of Water Quality Policy on the assessment of secondary and cumulative impacts dated April ] 0, 2004. 10. NC DOT is respectfully reminded that all impacts, including but not limited to, bridging, fill, excavation and clearing, to jurisdictional wetlands, streams, and riparian buffers need to be included in the final impact calculations. These impacts, in addition to any construction impacts, temporary or otherwise, also need to be included as part of the 401 Water Quality Certification Application. 11. Sediment and erosion control measures should not be placed in wetlands or streams. 12. Borrow/waste areas should avoid wetlands to the maximum extent practical. Impacts to wetlands in borrow/waste areas will need to be presented in the 401 Water Quality Certification and could precipitate compensatory mitigation. 13. Based on the information presented in the document, the magnitude of impacts to wetlands and streams may require an individual application to the Corps of Engineers and corresponding 401 Water Quality Certification. Please be advised that a 401 Water Quality Certification requires satisfactory protection of water quality to ensure that water quality standards are met and no wetland or stream uses are lost. Final permit authorization will require the submittal of a formal application by the NCDOT and written concurrence from the NCDWQ. Please be aware that any approval will be contingent on appropriate avoidance and minimization of wetland and stream impacts to the -naximum extent practical, the development of an acceptable stormwater management plan, and the inclusion of appropriate mitigation plans where appropriate. 14. If concrete is used during construction, a dry work area should be maintained to prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete should not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. 15. If temporary access roads or detours are constructed, the site shall be graded to its preconstruction contours and elevations. Disturbed areas should be seeded or mulched to stabilize the soil and appropriate native woody species should be planted. 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 stumps and root mat intact allows the area to re-vegetate naturally and minimizes soil disturbance. 16. Sediment and erosion control measures sufficient to protect water resources must be implemented and maintained in accordance with the most recent version of North Carolina Sediment and Erosion Control Planning and Design Manual and the most recent version of NCS000250. 17. The 401 Water Quality Certification application will need to specifically address the proposed methods for stormwater management. More specifically, since this project impacts SA waters stormwater should not be permitted to discharge directly into surface waters. 18. While the use of National Wetland Inventory (NWI) maps, NC Coastal Region Evaluation of Wetland Significance (NC-CREWS) maps and soil survey maps are useful tools, their inherent inaccuracies require that qualified personnel perform onsite wetland delineations prior to permit approval. 19. Heavy equipment should be inspected daily and maintained to prevent contamination of surface waters from leaking fuels, lubricants, hydraulic fluids, or other toxic materials. 20. Riparian vegetation (native trees and shrubs) should be preserved to the maximum extent possible. Riparian vegetation must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. The NCDWQ appreciates the opportunity to provide comments on your project. Should you have any questions or require any additional information, please contact David Wainwright at (919) 715-3415. cc: Bill Biddlecome, US Army Corps of Engineers, Washington Field Office Clarence Coleman, Federal Highway Administration Chris Militscher, Environmental Protection Agency Travis Wilson, NC Wildlife Resources Commission Gary Jordan, US Fish and Wildlife Service Cathy Brittingham, Division of Coastal Management Garcy Ward, DWQ Washington Regional Office File Copy Department of Environment and Natural Resources Office of Legislative and Intergovernmental Affairs Project Review Form Project Number: 07-0097 County: Dare Due Date: 10/25/2006 Date Received: 09/20/2006 Project Description: Expansion of Emergency Ferry Terminal at Stumpy Point, dredging an area approx 60 ft by 350 ft and adding two docking locations. TIP R-3116) (Addendum to 06-E-4220-0259) Ttii~ Prniart is }1P1nQ YPViPWPfI ac inriicaterl helnw' Regional Office Regional Office Area In-House Review _ Asheville Air Soil & Water Marine Fisheries _ Fayetteville Water ~ Coastal Management Water Resources Mooresville Wildlife Environmental Health - Groundwater Raleigh Solid Waste Mgmt Land uali En ineer Q ty g ~/ Wildlife -DOT Washington Radiation Protection Forest Resources W i Imington Other Winston-Salem Land Resources ~/ Parks & Recreation Water Quality ~/ Water Quality -DOT Air Quality Manager Sign-Off/Region: Date: In-House Reviewer/Agency: Response (check all applicable) No objection to project as proposed. No Comment Insufficient information to complete review Other (specify or attach comments) Regional Office Only: Please log into the IBEAM system and update your comments in the DSS (Decision Support System) application, SEPA module. If you have any questions, please contact: Melba McGee, Environmental Coordinator at melba.mcgee@ncmail.net D ~~~a l'1 ~D SEP 2 5 ~~D6 ~TtANDSAND STpa~AT~R BR,gfyrh STUMPY POINT BAY EMERGENCY FERRY TERMINAL SR 1164 (Log Storage Road) Dare County WBS Element 34525.1.12 TIP PRO]ECT R-3116] ADMINISTRATIVE ACTION ADDENDUM TO THE STATE ENVIRONMENTAL ASSESSMENT/ FINDING OF NO SIGNIFICANT IMPACT N.C. DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS AND FERRY DIVISION In Compliance with the North Carolina Environmental Policy Act APPROVED: 9 ~~~~ D e ~~ - //" Gregory ]. Thorpe, Ph.D., Environmental Management Director Project Development and Environmental Analysis Branch, NCDOT STUMPY POINT BAY EMERGENCY FERRY TERMINAL SR 1164 (Log Storage Road) Dare County WBS Element 34525.1.12 TIP PR0.7ECT R-3116) ADDENDUM TO THE STATE ENVIRONMENTAL ASSESSMENT/ FINDING OF NO SIGNIFICANT IMPACT September 2006 Documentation Prepared in Project Development and Environmental Analysis Branch by: Eliza th A. Smyre Project Planning Engineer C~`arles R. Cdx, P.E. Project Engineer ,~~~ivitroer~ rr a ~, rr y1~ y1~~ ~ 1 ~ ~ ~ r~~I 4 ~~~ SE AI_'v9~•' ~= • = ' X9328 ' • - C~' ' •,.~N~ E~,,,: O ,,~, ~~ ,, I N,,. G ~. ,r~rl1 r U N 11111~~~,,, TABLE OF CONTENTS I. SUMMARY ......................................................................................... 1 A. B. C. D. E Description of Action ............................................................................. Alternatives Considered ......................................................................... NCDOT Recommended Alternative ......................................................... Coordination ......................................................................................... Summary of Beneficial and Adverse Impacts .......................................... l l 2 2 2 . F. G Actions Required By Other Agencies ...................................................... Additional Information .......................................................................... 2 3 . H. Addendum to the State Environmental Assessment/ Finding of No Significant Impact ................................................................................. 3 II. PURPOSE AND NEED FOR THE PROPOSED PROJECT ....................... 4 III. ALTERNATIVES .................................................................................. 4 A. B. C. Alternatives Eliminated From Consideration ............................................ Recommended Alternative ..................................................................... Disposal of Dredge Material ................................................................... 4 4 5 IV. SOCIOECONOMIC ENVIRONMENT .................................................... 5 A. Cultural Resources ............................................................................... .5 V. NATURAL RESOURCES ...................................................................... 5 A Anticipated Impacts to Biotic Communities ............................................ .6 . B. C. Permits ............................................................................................... Rare and Protected Species .................................................................. . 6 .7 VI: COMMENTS AND COORDINATION ..................................................10 VII.FINDING OF NO SIGNIFICANT IMPACT .........................................10 TAB E Table 1. Federally-Protected Species for Dare County ........................... 9 APPENDICES A. Figures B. Agency Correspondence PR07ECT COMMITMENTS STUMPY POINT BAY EMERGENCY FERRY TERMINAl~ SR 1164 (Log Storage Road) Dare County WBS Element 34525.1.12 TIP PROJECT R-3116 I~ The following commitments were included in the original State Environmental Assessment/ Finding of No Significant Impact, published in 2002. Any changes or additions to these commitments are listed in /ta/Ics Hghway Divisioa i/ Ferrv Division 1. A Special Use Permit is required with the Alligator River National Wildlife Refuge for the use of their spoil storage site. 2. The following environmental permits will be required: • CAMA Major Development Permit- NCDENR, Division of Coastal Management • Individual Permit (Sections 10 and 404)- US Army Corps of Engineers • 401 Water Quality Certification- NCDENR, Division of Water Quality • Stormwater Management Plan Permit- NCDENR, Division of Water Quallity 3. NCDOT will coordinate with the Division of Marine Fisheries regarding seasonal construction moratoriums. 4. All construction work will be performed outside the limits of the adjacent Stumpy Point wetland mitigation site. (New commitment) 5. NCDOT should adhere to "Guidelines for Avoiding Impacts to the West Indian • ,Manatee: Precautionary Measures for Construction Activities In North Carolina Waters" for this project. (New commitment) 6. NCDOT's Design Standards in Sensitive Watersheds will be implemented. (New commitment) p~je~ npv~~~~~„p.,t and Environ ental Anaivsis Branch [PDE_A) 7. A general submerged aquatic vegetation (SAV) search will be conducted by the Division of Marine Fisheries prior to construction. The need for additional Surveys will be determined at that time. NCDOT has comp/eted a SAV survey in the study area; no SAV were found. ~'~ 8. The need for underwater archaeology studies is pending. Once a determination is made, NCDOT will complete any studies prior to construction. R-3116] State EA/ FONSI Addendum Page } of 2 September 2006. ~ PRO]ECT COMMITMENTS NCDOT has coordinated with the O>~ce of State Archaeo%gy; /t was de rmined Chat no underwater arrhaeo%gy studies are warranted for this project. owever, dredging work will cease and the OSA will be notified immed/ate/y if an potent/a/ artifacts are /orated during construction. 9. NCDOT wi!II coordinate with the US Fish and Wildlife Service regarding II "May Affect, Not Likely to Adversely Affect" biological conclusions. (New commitment) 10. NCDOT will prepare an Essential Fish Habitat Assessment and coordina a with the National Marine Fisheries Service on this work. (New commitment) NCDOT cpnducted an Essentia/ F/sh Habitat Assessment In August slgnlficar~t Impacts to EFH are anticipated, ., R-3116) State; EA/ FONSI Addendum September 20p6 no Page 2 of 2 STUMPY POINT BAY EMERGENCY FERRY TERMINAL SR 1164 (Log Storage Road) Dare County WBS Element 34525.1.12 TIP PRO]ECT R-3116] ADDENDUM TO THE STATE ENVIRONMENTAL ASSESSMENT/ FINDING OF NO SIGNIFICANT IMPACT Prepared by the Project Development and Environmental Analysis Branch North Carolina Department of Transportation I. SUMMARY This is a North Carolina State Administrative Action-Addendum to the Environmental Assessment/ Finding of No Significant Impact (SEA/FONSI) that was completed in February 2002. Unless otherwise noted, the impacts detailed in the original document have not changed. A. Description of Action The North Carolina Department of Transportation (NCDOT), Division of Highways and Ferry Division, proposes to expand the ferry basin originally dredged in 2002 as part of the ferry terminal construction project (Figure 1). The original project, as detailed in the 2002 SEA/FONSI, included the dredging of a 300-foot by 350-foot area to a depth of 8 feet for use as a turning basin, including two slips for the overnight storage of ferry vessels. The proposed work to be discussed in this Addendum would create space for two additional slips in the turning basin so that two additional vessels can be incorporated into the Stumpy Point-Rodanthe emergency 'route. B. Alternatives Considered NCDOT examined the possibility of providing additional berthing space at the Rodanthe terminal rather than at Stumpy Point Bay. However, expansion of the Rodanthe terminal would require extensive dredging in order to provide additional berthing spaces. Expansion of the Stumpy Point terminal to the south side of the existing turning basin was also considered; however, this alternative was not pursued as potential dredging would be required outside the boundaries of state owned property. C. NCDOT Recommended Alternative The Recommended Alternative consists of dredging an area approximately 60 feet by 350 feet on the north side of the existing dredged basin to a depth of eight feet (Figure 2). Following dredging activities, additional pile clusters will be installed to delineate the additional slips. An elevated walkway will be constructed to provide access to the two new slips. D. Coordination Several federal, state, and local agencies were contacted during the preparation of this Addendum. Copies of any correspondence can be found in Appendix A. E. Summary of Beneficial and Adverse Impacts The dredging operations necessary to expand the turning basin could disturb important secondary nursery areas and other aquatic resources located in Stumpy Point Bay. • The expansion of the turning basin will assist in evacuating citizens from the Outer Banks in a timely manner during an emergency situation by enabling NCDOT to utilize more vessels on the route. F. Actions Required By Other Agencies The proposed action will result in impacts to surface waters, jurisdictional wetlands and coastal resources. The North Carolina Coastal Management Act (CAMA) provides permitting reviews of impacts affecting Areas of Environmental Concern (AECs) in the designated coastal counties. Dare County is one of the counties under the CAMA review and as such, a CAMA Major Development Permit will be required. An Individual Permit issued by the U.S. Army Corps of Engineers (USAGE) will be required in order to comply with Section 10 of the River and Harbors Act of 1899 and Section 404 of the Clean Water Act of 1977, as amended. Section 401 of the Clean Water Act requires each state to certify that state water quality standards will not be violated for activities that involves issuance of a federal permit or license or require discharges to "Waters of the United States." Requirements of the Department of Natural Resources, Division of Water Quality for 401 certification will be required as part of the permit process to include written concurrence on the CAMA Major Development Permit and approval of a Stormwater Management Plan. 2 The spoil material resulting from the dredging operations in Stumpy Point Bay will be stored in a spoil storage site located approximately 7,000 feet south of the project in the Alligator River National Wildlife Refuge. The use of this site will require a Special Use Permit issued by officials at the Refuge. G. Additional Information Additional information concerning this Addendum can be obtained by contacting the Project Development and Environmental Analysis Branch. Mr. Gregory J. Thorpe, Ph.D., Manager Project Development and Environmental Analysis Branch North Carolina Department of Transportation 1548 Mail Service Center Raleigh, North Carolina 27699-1548 (919) 733-3141 H. Addendum to the State Environmental Assessment/ Finding of No Significant Impact Based upon the project as proposed in this report, and upon comments received from federal, state and local agencies, it is the finding of the North Carolina Department of Transportation that the project will not have a significant impact upon the human or natural environment. The proposed action will not have a significant adverse impact on air, noise, or water quality in Dare County. The proposed project is consistent with plans and goals that have been adopted by Dare County and the State of North Carolina. Therefore, an environmental impact statement or further environmental analysis will not be required. 3 II. PURPOSE AND NEED FOR THE PROPOSED PRO]ECT The existing Stumpy Point Bay Emergency Ferry Terminal was constructed with the purpose of providing an emergency connection from the Outer Banks to the mainland of North Carolina in the event that existing transportation services are disrupted. The constructed facility allows a total of four ferries to operate on the Stumpy Point to Rodanthe emergency route. The purpose of this project is to expand the ferry turning basin in order to increase the capacity of the existing facility. The proposed expansion would create two additional berthing slips that would enable the Ferry Division to operate a total of six ferry boats on the emergency Stumpy Point to Rodanthe route. The additional ferries would be critical in the event that NC 12 service is disrupted for extended time periods. III. ALTERNATIVES A. Alternatives Eliminated From Consideration NCDOT examined the possibility of providing additional berthing space at the Rodanthe terminal rather than at Stumpy Point Bay. However, expansion of the Rodanthe terminal would require extensive dredging in order to provide additional berthing spaces. Expansion of the Stumpy Point terminal to the south side of the existing turning basin was also considered; however, this alternative was not pursued as potential dredging would be required outside the boundaries of state owned property. B. Recommended Alternative The Recommended Alternative consists of dredging an area approximately 60 feet by 350 feet on the north side of the existing dredged basin (Figure 2). The area would be dredged to a depth of eight feet. Based on the average recorded depth within the study area, approximately 3,000 cubic yards of material will be excavated. Following dredging activities, additional pile clusters will be installed to denote the additional berthing slips. The additional slips will be used only to house ferry vessels while not in use; the loading and offloading of vehicles will continue to occur from the facilities already constructed. Upland development will include a 6-foot by 100-foot elevated main wooden walkway and two 6-foot by 25-foot finger walkways to access the vessels moored in the added slips (Figure 3). Construction of the walkways will occur outside of the limits of the adjacent wetland mitigation site. 4 C. Disposal of Dredge Material The NCDOT anticipates using a spoil disposal site located on property owned by the Alligator River National Wildlife Refuge (ARNWR). The disposal site is the same as was used during the dredging of the original access channel and turning basin. The ARNWR will require a special use permit for use of the disposal property. Disposal of the dredged material into the spoil site will be conducted in the same manner as in previous dredging operations. IV. SOCIOECONOMIC ENVIRONMENT The following section summarizes updates to the socioeconomic environmental studies conducted for the original SEA/FONSI in 2002. Unless otherwise noted, information regarding land use, transportation planning, socioeconomic data, and cultural resources has not changed since the original SEA/FONSI was published. A. Cultural Resources 1. Archaeology This project is subject to compliance with Section 106 of the National Historic Preservation Act of 1966, as amended, implemented by the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106, codified at Title 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 inclusion in the National Register of Historic Places, the Advisory Council on Historic Preservation be given the opportunity to comment. NCDOT consulted with the Office of State Archaeology (OSA) regarding potential archaeological sites in the proposed project area. OSA does consider the undertaking to be a major bottom disturbance. The probability of encountering significant underwater cultural resources is, however, low at this location. OSA recommended that NCDOT proceed with caution and requested immediate notification if any potential artifacts are encountered during construction. No additional investigation is warranted for this project. V. NATURAL RESOURCES The following section summarizes updates to the natural resource studies conducted for the original SEA/FONSI. Unless otherwise noted, information 5 regarding water resources, biotic communities, jurisdictional issues, and rare and protected species has not changed since the original SEA/FONSI was published. A. Anticipated Impacts to Biotic Communities 1. Terrestrial Communities Anticipated impacts to terrestrial communities are estimated based upon the proposed construction limits. The only terrestrial community to be impacted will be the disturbed area along the shore of Stumpy Point Bay; this area will have shading impacts due to construction of the wooden walkway, to be constructed on pilings (Figure 3). 2. Wetland Communities Wetlands subject to review under Section 404 of the Clean Water Act (33 U.S.C. 1344) are defined by the presence of three primary criteria: hydric soils, hydrophytic vegetation, and evidence of hydrology at or near the surface for a portion of the growing season. CAMA jurisdictional wetlands occur along the shoreline of Stumpy Point Bay. However, due to the limited construction activities included in this project, no wetland impacts are expected. During construction, Best Management Practices (BMP's), including erosion control measures will be used. Therefore, it is anticipated that expansion of the terminal will result in minimal impacts to surrounding surface waters. 3. Aquatic Communities Temporary impacts to aquatic species from increased sediment during construction are expected to be reduced by performing the dredging work within the time period established by the NC Division of Marine Fisheries (DMF). Dredging will be performed between November 1 and February 14, per current DMF guidelines. Best Management Practices for the protection of surface waters should be strictly enforced to reduce impacts. NCDOT conducted a submerged aquatic vegetation (SAV) search of the study area; no SAV were found. B. Permits It is anticipated that the following permits will be needed to complete the required construction: 6 • Major CAMA Development Permit from the NC Division of Coastal Management; • Special Use Permit from the Alligator River National Wildlife Refuge for use of the spoil disposal site; • Individual Permit (including Sections 10 and 404) from the US Army Corps of Engineers; • Section 401 Water Quality Certification from the NC Division of Water Quality; and • North Carolina Stormwater Management Permit from the NC Division of Water Quality. C. Rare and Protected Species As of June 21, 2006, the US Fish and Wildlife Service lists fourteen Federally-Protected species for Dare County (Table 1). Table 1 summarizes the previous surveys as well as the current surveys. Two species (Red wolf, Shortnose sturgeon) have been added to the list of Federally-Protected species for Dare County. The following species have been added to the list of Federally Protected Species for Dare County since the completion of the SEA/FONSI: Red Wolf (Canis rufus) STATUS: Endangered- Non-Essential Experimental Population DESCRIPTION: Amedium-sized, wild canid, the red wolf resembles the coyote but is larger and more robust. Its legs and ears are relatively longer than the coyote's. The red wolfs coloration is similar to that of the coyote, but the tawny element is more pronounced, and the pelage is usually somewhat coarser. This species is slightly smaller than the gray wolf (C. lupus) with a more slender and elongated head. Its pelage is shorter and coarser than in any race of lupus. RANGE AND POPULATION LEVEL: The red wolf was once found throughout the southeastern United States, from the Atlantic coast to central Texas and from the Gulf Coast to central Missouri and southern Illinois. Between the period of 1900 to 1920, red wolves were extirpated from most of the eastern portion of their range. A small number persisted in the wild in southeastern Texas and southwestern Louisiana until the fate 1970s. By 1980, the species was determined to be extinct in the wild. HABITAT: The last red wolves were found in coastal prairie and marsh habitat because this was the last area in which the animals were allowed to remain. Any habitat area in the southeastern United States of sufficient size, which provides adequate food, water, and the basic cover requirement of heavy vegetation, should be suitable habitat for the red wolf. Telemetry studies indicate that red 7 wolf home range requirements vary from about 25 to 50 square miles. Currently, there is an experimental population of red wolves which is being managed from the Alligator River National Wildlife Refuge. BIOLOGICAL CONCLUSION: The red wolf is listed only as Non-Essential Experimental Population. Species not subject to Section 7 consultation- no biological conclusion required. Shortnose Sturgeon (Acipenser brevirostrum) STATUS: Endangered DESCRIPTION: The shortnose sturgeon is usually less than 3 feet long. It is dark above and light below. It has a wide mouth pointed downward beneath a short snout. Five rows of sharp, pointed plates along the sides of its body provide protection from predators. DISTRIBUTION: The shortnose sturgeon lives in Atlantic Seaboard rivers from southern Canada to northeastern Florida. HABITAT AND CHARACTERISTICS: The sturgeon inhabits the lower sections of larger rivers and coastal waters along the Atlantic coast. It may spend most of the year in brackish or salt water and move into fresh water only to spawn. The fish feeds on invertebrates (shrimp, worms, etc.) and stems and leaves of macrophytes. BIOLOGICAL CONCLUSION: NO EFFECT. Per conversation with Fritz Rohde, North Carolina Division of Marine Fisheries, on June 22, 2006, "It is unlikely that the shortnose sturgeon occurs there." Since the SEA/FONSI was written, NCDOT, under the advisement of the USFWS, has changed the protocol in which biological conclusions are rendered. When the SEA/FONSI was developed, a "No Effect" biological conclusion could be rendered if habitat was present, but no species were found. Since then, it is acknowledged that the mobility of animals can inhibit a surveyor from finding the species, and a "No Effect" biological conclusion is not appropriate when habitat exists in the project area. As the intention of the Endangered Species Act to protect habitat as well as the species, a more appropriate biological conclusion is "May Effect, Not Likely to Adversely Affect." As plants are stationary, and thorough survey of species is possible, a biological conclusion of "No Effect" can be attained if no plants are found after a thorough survey during the optimal survey period and there are no known populations. of the species within a mile of the study area. 8 ~ ,- ~ ~;, ., o ~d g ~ ~ ~ ~ o -o ~ ~ ~ ' N E N N ~~ N N O ~~T !^ ' ' N ..O 't7 ~, ~ ~ ~ 3 r ~~mti ~ Ci ~ ~ cad ~ ~ ~ S i + 1 (~." 'ate (~ 'y , y " L y re>~~ ~ ~ 0 iii ~ U ~ U ~ ~ ~ 11..y CQ 44y fQ c ^7 ~ U 1 . y ~ { .. y CG ~ i+ 1 i ~~~tYf~' . U ~ ~~ o ~ ~ > ~ • °[d ~ o ~ ~ ~ .y ~'i+ G vG, ~ o ~ ~• C ~ ?. h '~' ~ , W 'O '~" C~ { ~~x ° O~ p V N 0 fn S ~ ~ N C~ ~ Y O~ N N N b ~'~~~ b v v ~ p O > a., ( .~ ~ C~ ~>. ~ -p ~ v O ~~. ~ ~ N ; o ~ ;~ b 3 rx cx ; :~ ~ ~ ~ G4 . {3> . a au a 7 , a ° W ',3 ~ .. ~ C a o .~ ~ ~ . bA C C O . 1.n GD C O . ~ I. /~ rr bA C O . G bD L.. O . ~ bA C ~ O . 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N C ,4? a~ y 'C ~ SACS ~ N Y ~ C ~ N a Z C ''~' ~ y ~ N ~ v~ ~ ~ ~' ~ ~' RS ~ i ~ ~ ~ ~ ~ ~ F LL o ~ -= ~ Y . a i '~ " ~ ~ ^p ~ ~ > ~ ° ~ 'b a~ ~ V w ~ °Y' ~ ~ i f ~ ~ cd ~ , ~ [, ~ ~ ~ ~ S . o ~ ~ . coc v i ° c { ~ N W ~ -~ ~~' s ~ Y a Y ~ ~ ~ c ' j` ~,~6 C G '~~y fC 1~+ ~d ~ Y ~ ~ 0 VI ~ .~ 3 a o ~ ~ x 3 , G~ x ~ rx . Q) cn .L~i ~ C u r d po C7 x ~ .-a c b ~., ° ~3 a o 0 ~ ~.+ ~ n. L ~ a~ c U ~ 4.. 0 o ~ ~ '> ~~ ~ `./5! h Y • ~ l~ a•~ ~ ~, ~~ O {r ~i .~ ~ ~ ~ v ~° o ~, Y 3 ~' b U ~.~ ~ ~ ~3 ~ a~ .3 a. s a.c ~ I..i b . ~ ~ ~ Q~ N _ ~ ~ ~ ~ 1 ~ :b ~ b~A ~ N ~> .~ N ~ U w_ ~ ~ 'b w o a a~i d a~ is ~ ~' o ~ ~ ~ y aCi O 'ti .~ i~ '+~ ~ ~ YO ' ~ R. ~ Y ~ O ~ ~ L ~ ~ Y ~ ~ Y o 'a ~3Z c~ V p v N .b a? ~ w a~ ' ~ a~ d 4 N C, U T Y (n ~ CC i a`~i c~ a' a~ ~ N ~ ~ °c ° d a °~ ~ o ~ 'd -o H »~~~~ .... _ .. Therefore, due to the changes noted above, the following species' biological conclusion should be updated from "No Effect" to "May Affect, Not Likely to Adversely Affect": Bald Eagle West Indian manatee All other biological conclusions remain valid for this project. Concurrence for these conclusions will be sought from the USFWS prior to the permit application process. NCDOT has conducted an Essential Fish Habitat Assessment of the study area. Given the very small size of the likely impacts in relation to the size of Stumpy Point Bay, no significant impacts to EFH are anticipated with this project. NCDOT will provide the results of the study to the National Marine Fisheries Service. VI. COMMENTS AND COORDINATION NCDOT contacted several federal and state agencies prior the preparation of this document. An asterisk (*) indicates a written response was received from the agency. Copies of the correspondence received are included in Appendix A of this document. *United States Army Corps of Engineers- Regulatory Division U.S. Environmental Protection Agency *National Marine Fisheries Service *U.S. Fish & Wildlife Service N.C. Department of Administration- State Clearinghouse N.C. Department of Cultural Resources- State Historic Preservation Office *N.C. Department of Environment and Natural Resources (NCDENR)- Division of Water Quality *NCDENR- Wildlife Resources Commission *NCDENR- Division of Marine Fisheries *NCDENR- Division of Environmental Health *NCDENR- Natural Heritage Program VII. FINDING OF NO SIGNIFICANT IMPACT Based upon a study of the impacts of the proposed project, as documented in this Addendum, and upon comments received from federal, state, local agencies, it is the finding of the NCDOT that this project will not have a 10 significant adverse impact upon the human or natural environment. The project is not controversial from an environmental standpoint. No significant impacts to natural, social, ecological, cultural, or scenic resources are expected. The proposed project is consistent with local plans and will not disrupt any communities. The project has been extensively coordinated with federal, state, and local agencies. Therefore, neither an Environmental Impact Statement nor further environmental analysis is required. Additional information concerning this document can be obtained by contacting the Project Development and Environmental Analysis Branch: 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 (919) 733-3141 11 APPENDIX A FIGURES A 111 I ~t~ imn~i point I"l~ro ~ni .r+.. I _ ~::.'. N _- ',;- .'~ ; - _ - - _ ~ i - ~° - __~ _- ' Pro ect Location `;; _„ , - - ~ f. _ ! 1 ~~..~~ r.... 5 A/ 1 ~~ , ~~ I T ~~~ ~ / ' ~ i I . , a ±. _ 1 ` . _ 1 .~- ~ ~ _ 1 - I - ~~ .4 ., , - .~ ~'~~ ~ ~ _ ~' 0 1 2 4 Miles N i i ~. ~ ' l ~ I { 1 Stumpy Point, Dare County 0 250 500 1,000 Feet Prgaored M ffe Offke d: DIVISION OF HIGHWAYS 713 Aipe.t Dr., d1•nton NC, 27510 STANO/x0 .~ REYISIOtY DATE CLAY WILL4S SEPTEMBER 1, 2006 ~"~°0°~"~'T"`' 3G°'~0R C. E. SIACHTA cxAwx er ADJACENT RIPARIAN PROPERTY OWNER: MARJETTA W.TRAJNOR PA.80X 634 MANTEO•NC 27954 ADJACENT RIPARIAN PRUPERTr OWNER: ROBERT MlDGETT fl8 BAYV/EW OR. STUtdI'Y PDINT,NC 27978 WLB --~- WLB y m t WLB -~ WLB RIP ~~L>-` gIAKHEAO ._~--~_ --~Fo -_--F---- /~ ~ ~ WLB l 1 PROPOSED wALI(wAY l6' x xNY wN.KtAY 1 t6'x 25' wAUfwAY51 I ~ /• ~ !_ I ~[Y-50'-~-0~--52'-ra~52 50' / I m I I C~-----1Y-62'-~0-~-62' O ~ I I 's o, o~ i3` ~ ~ ~ I PROPOSED PILES I I °: m~ 1 Av ~ i o^ ~ ~ ~ ~ ~~ - ; EXISTf NG f FERRY f BASIN o A ,, -' - (300 X 350) m t o I o p , ~ ,- ~ - ~ o~ (~ ,I '~ ~' P~~ -- I _------__" -' - - ~~ c ~ ~' - •-~ o ~, ,- -- a, TYPICAL PILE CLUSTERS wILL cONStsr of FROM NR$t91 TO WNETEFNll91 PILES / TURNING PM.ES wLL CONSIST OF UP TO TWENTY-FIVE PILES wL.e w AQlACENT RlPAR/AN PROPERTY OWNERS: CON6RE6ATXaM HOCJNESS CHURCH STUMPY POINT,NC USFWS P.Q60X 1559 ~fANTE0.NC 21954 .._~~ ~- ~~ 0` 0~ ; r i 0~ 6' 0~ ~9 o ~, .o o ~ •O 0~ S`3 o ~, o;,~ o ~ A '~ iS o~ o~ ~ GRAPHIC ~ SCALES ssowx Ar FEer 50 25 0 50 100 PLANS t t ~ ~ If l I r APPENDIX B AGENCY CORRESPONDENCE lP # R-3116) Stumpy Point Ferry Terminal Expansion Subject: TIP # R-3116) Stumpy Point Ferry Terminal Expansion Date: Fri, 14 Apr 2006 12:33:15 -0400 From: "Biddlecome, William J SAW" <William.J.Biddlecome@saw02.usace.army.mil> To: <bsmyre@dot.state.nc.us> CC: "Gary Jordan" <Gary_Jordan@fws.gov>, "Wilson, Travis W." <travis.wilson@ncwildlife.org>, <brian.wrenn@ncmail.net>, "smtp-Sechler, Ron" <ron.sechler@noaa.gov>, "smtp-Winslow, Sara" <sara.winslow@ncmail.net>, <militscher.chris@epamail.epa.gov>, <Matthews.Kathy @ epamail.epa.gov> Beth, I haven't had time to draft a letter concerning your February 23, 2006 scoping letter for the above project so this e-mail is acting as the official correspondence. The project as proposed would require an Individual Permit from the Corps of Engineers for the expansion of the basin by approximately .5 acres and the associated additional docking locations. Based on the information provided it appears jurisdictional wetlands may be impacted by the project. Department of Army (DA) 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 wetlands in conjunction with this project. Additionally, the waters of the Pamlico Sound are Section 10 waters which would require a Section 10 permit pursuant to the River and Harbors Act of 1899. The individual permit I mentioned above would cover the activities for both Section 10 and 404. Environmental concerns with this project include the destruction and filling of wetlands, the destruction of Submerged Aquatic vegetation (SAV's) and the associated impacts to Essential Fish Habitat (EFH). The Corp also agrees and supports the comments provided to you in letters from the U.S. Fish and Wildlife (FWS), North Carolina Wildlife Resources Commission (NCWRC), and the North Carolina Division of Water Quality (DWQ) dated March 15, 2006, and March 22, 2006. All work related to Federal Endangered Species as required by Section 7 of the Endangered Species Act including copies of all correspondence and meeting minutes with NOAA Marine Fisheries Service and the US Fish and Wildlife Service associated with the project should be coordinated with this office. Additionally, work related to the Magnuson-Stevens Fishery Conservation Act coordinated through NOAA Marine Fisheries should be coordinated with this office also. I thank you for your time and cooperation. If you have questions, comments or require additional information, please contact me at (252) 975-1616, extension 26. Bill Biddlecome NCDOT Project Manager Washington Regulatory Field Office ~, a nnnF 1 t ~ 10 A 'Fwd: TIP # R-3116] Stumpy Point Ferry Terminal Expansion) Subject: [Fwd: TIP # R-3116) Stumpy Point Ferry Terminal Expansion] Date: Mon, 17 Apr 2006 08:41:20 -0400 From: Ron Sechler <ron.sechler@noaa.gov> To: Beth Smyre <bsmyre@dot.state.nc.us> CC: Bill Biddlecome <William.).Biddlecome@usace.army.mil> Beth, Reference your February 23, 2006, scoping letter on the proposed expansion of the Stumpy Point Ferry Terminal. Based on the information provided, the National Marine Fisheries Service (NMFS) believes that habitat for federally managed species would be excavated or filled and that this new work would cumulatively add to the impacts that have already occurred at this site. Therefore, in order to fully evaluate these impacts, including indirect and cumulative impacts, NMFS recommends preparation of an essential fish habitat assessment for this work. Thank you for the opportunity to provide these comments early in the project planning process. Sincerely, Ron Sechler National Marine Fisheries Service Habitat Conservation Division 101 Pivers Island Road Beaufort, North Carolina 28516 Phone: 252-728-5090 Fax: 252-728-8728 Email: ron.sechler@noaa.gov Subject: TIP # R-3116) Stumpy Point Ferry Terminal Expansion Date: Fri, 14 Apr 2006 12:33:15 -0400 From: "Biddlecome, William J SAW" <William.J.Biddlecome@saw02.usace.army.mil> To: bsmyre@dot.state.nc.us CC: Gary Jordan <Gary_Jordan@fws.gov>, "Wilson, Travis W." <travis.wilson@ncwildlife.org>, brian.wrenn@ncmail.net, "smtp-Sechler, Ron" <ron.sechler@noaa.gov>, "smtp-Winslow, Sara" <sara.winslow@ncmail.net>, militscher.chris@epamail.epa.gov, Matthews.Kathy@epamail.epa.gov Beth, aianrx~ 12:49 P EG~rG o United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Field Oftce Post Office Box 33726 Raleigh, North Carolina 27636-3726 March 15, 2006 Gregory J. Thorpe, Ph.D. North Carolina Department of Transportation Project Development and Environmental Analysis I X48 Mail Service Center Raleigh, No-'th Carolina 27699-1548 Dear Dr. Thorpe: :w~tir '~QR .~~ .: ~ <'?' l~~r r`~~,,,.,, _ . _~ ' ~ 1~ • „ This letter is in response to your request for comments from the U.S. Fish and Wildlife Service (Service) on the potential environmental effects of the proposed expansion of the Stumpy Point Ferry Terminal in Dare County, North Carolina (TIP No. R-3116J). These comments provide scoping information in accordance with provisions of the Fish and Wildlife Coordination Act (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). According to the information provided, the North Carolina Department of Transportation (NCDOT) proposes to expand the existing ferry basin by dredging an area approximately 60 feet by 350 feet and adding hvo additional docking locations. During a March l4, 2006 telephone conversation, Mr. Clay Willis of NCDOT stated to Ntr. Gary Jordan of the Service, that the adjacent Stumpy Point Wetland ,~lititaticm Site would not be affected by this project. Mr. Willis also stated that a submerged aquatic vegetation survey would be conducted at the project site. We believe that this is prudent. Section 7(a)(2) of the Endangered Species Act requires that all federal action agencies (or their designated non-federal representatives), in consultation with the Service, insure that any action federally authorized, funded, or carried out by such agencies is not likely to jeopardize the continued existence of any federally-listed threatened or endangered species. A biological assessment/evaluation may be prepared to fultill'tl~e section 7(a)(2) requirement and will expedite the consultation process. To assist you, acounty- by-county list of federally protected species known to occur in North Carolina and information on their life histories and habitats can be found on our web page at http.~/nc-e5 fws Gov/e5/countyfr.html . T., ,~_--.'- - ,:.... *T-~. "~'C'~TI-iP database indicates an occurrcrcc of the federally ~~~ , ~,,,,~~ :.a~o,~,,u , .a.ara~ IIcritage Program ~, , } endangered West Indian manatee (Trichechus manatus) near the project area. To minimize the potential for adverse effects to this species, we recommend that the Service's GUIDELINES FOR AVOIDING I~'ll'ACTS TO 'THE WEST INDIAN MANATEE: Precautionary Measures for Construction Activities in North Carolina Waters be implemented as part of the project. These guidelines can be found at htt :!inc-es.fws, ov/mammal/manatee uidelines.. df . If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely to adversely affect) a listed species, you should notify this office with your determination, the results of your urvevs, survey methodologies, and an analysis of the effects of the action on listed species, including consideration of direct, indirect, and ewmulative eftects, before conducting any activities that might affect the species. if you determine that the proposed action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on listed species, then you are not required to contact our office for concurrence. We reserve the right to review any federal permits that may be required for this project, at the public notice stage. 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 this project include the following in sufficient detail to facilitate a thorough review of the action: 1. A clearly defined and detailed purpose and need for the proposed project; 2. A description of the proposed action with an analysis of all alternatives being considered; 3. A description of the fish and wildlife resources, and their habitats, within the project impact area that may be directly or indirectly affected; 4. The extent and acreage of waters of the U.S. that are to be impacted by filling, dredging, clearing, ditching, or draining. Acres of wetland impact should be differentiated by habitat type based on the wetland classification scheme of the National Wetlands Inventory (NVb'I). V/etland boundaries should be determined by using the 1987 Corps of Engineers Wetlands Delineation Manual and verified by the U.S. Army Corps of Engineers; 5. Tlie 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 construction techniques which would be employed to avoid or minimize impacts to fish and wildlife resources, both direct and indirect; 7. If unavoidable wetland impacts are proposed, project planning should include a co-npetisatory mitigation plan for offsetting the unavoidable impacts. The Service appreciates the opportunity to comment on this project. 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 our response, please contact Mr. Gary Jordan at (919) 856- 4520, ext. 32. Sincerely, ~'•' ~~ 1r•, Pete Benjamin Ecological Services Supervisor cc: Bill Biddlecome, USACE, Washington, NC Brian Wrenn, NCDWQ, Raleigh, NC Travis Wilson, NCWRC, Creedmoor, NC Chris Militscher, USEPA, Raleigh, NC John Sullivan, FHwA, Raleigh, NC p~p~ W AT ~R~G r? r -f o ~ MEMORANDUM March 22, 2006 .i _j ~q~~oo~ ~' .~ To: Melba McGee, Environmental Coordinator, Office of Legislative and Interg~~+ernm ~ ~ .~'' Affairs '~`~% ~~ V ~ ~O From: Brian L. Wrenn, Transportation Permitting Unit, NCDWQ ~.~rsb~ ~~ Z` `~ '~=.•a.: Subject: Request for Scoping Comments for the Proposed Expansion of the Stumpy Point Ferry Terminal in Dare County, TIP Project No. R-3116J, WBS 34525, State Clearinghouse Project No. 06-0259. This office has reviewed the referenced document. The Division of Water Quality (DWQ) is responsible for the issuance of the Section 401 Water Quality Certification for activities that impact Waters of the U.S., including wetlands. Based on a preliminary review of the project study area, DWQ has the followin comments: Stream/Surface Water River Basin Classification Stream Index No. Stumpy Point Bay Pas uotank SA; H W 30-22-8 Project Specific Comments: 1. Stumpy Point Bay is class SA; HQW waters of the State. This is one of the highest quality water systems in the State and an important nursery area and shellfish habitat. Any land disturbing activities in this area should meet the requirements of Design Standards in Sensitive Watersheds (15A NCAC 04B .0124). In addition, if a state storm water permit is required, the storm water plan must meet the requirements for HQW in 15A NCAC 02H .1006. 2. Dredged material from this=project should be properly disposed of in approved spoil disposal sites. Proper sediment and erosion control measures should be.in place to prevent water quality standard violations due to storm water runoff from these sites. 3. Submerged aquatic vegetation (SAV) surveys should be conducted prior to dredging. Impacts to SAV populations should be avoided and minimized to the maximum extent possible. Any direct impacts to SAV populations may require mitigation through preservation, enhancement or restoration activities. NCDOT should develop and submit a mitigation plan for any impacts to SAVs as part of the 401 Water Quality Certification. 4. Preliminary review of the areas adjacent to the existing terminal appear to be wetlands and are most likely areas of environmental concern (AECs). The proposed docking sites should not impact wetlands. General Comments: 1. In accordance with the Environmental Management Commission's Rules { 15A NCAC 2H.0506(b)(6)}, mitigation will be required for impacts of greater than 150 linear feet to any single perennial stream. In the event that mitigation is required, the mitigation plan should be designed to replace appropriate lost functions and values In accordance with the Environmental Mana~m~t N,~,~>; Transportation Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699.1650 2321 Crabtree Boulevard, Suite 250, Ralegh, NoAh Carolina 27604 Phone: 919.733.1766 f FAX 919.733-669311nlernet: http•//h2o enr state nc us/ncwetlands 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 t]uallty An Eoual Oooortunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper 03/22/2006 16:46 9195289839 PAGE 03 ~ ~, ~~;1;'`~c,2o 212A~g ~~ , -, ,~ ~ ,. ~ ,~ ~~ ~o~ --_ ~r; ,.. L~ ~loxth Calro~~x~a W~~d~~£e R.esouxces. Comm~ss~on.._ ® ... MEMORANDUM Richard ~3. Hamilton, Extci,tivc birectnr TO: Melba McGee Ofi"ice of Legislative and Intergovernmental Affairs, DENIZ F1tOM.: Travis Wilson, Highway Project Coordinator ~ /~, ;~~~ >:Iabitat Con..servati.on Program DATE: March 22, 2006 SUBJECT: Response to the start of study notification from the N. C. Department of Transportation (NCDOT) regarding fish and wildlife concerns for the proposal to expand the Emergency Ferry Terminal at Stumpy Point in Dare County, North Carolina. TIP No. R-3116J, SCbI Project No. 06- 0259_ This memorandtun responds to a request from Gregory J. 7"k~ozpe of the NCDOT for. our concerns regardirigimpacts on fish and wildlife resources resulting from the subject project. Biologi's'ts on tb.e staff. of the N. C. Wildlife Resources Commission (NCWRC) have reviewed the proposed improvements. Our comments are provided in accordance with certain proviston.s 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; 1 G U.S.C. GGl-GG7d). NCDOT is proposing to expand the emergency ferry terminal at Stumpy Point. This proposal includes dredging an area approximately GO feet by 350 feet to enlarge the existing ferry basin. There is potential for the proposed dredge area to contain Submerged Aquatic Vegetation (SAV s). NCDOT should survey this area to determine the presence or absence of SAV's. NCDOT currently manages a mitigation site adjacent to the existing ferry terminal. Impact to this mitigation site should be avoided. ~'o help facilitate document prepatati.on. anal the ireview process, our general informational needs are outlined below: 1 _ Description of .f..tsh,ery and wildlife resources within the project area, including a listing of federally or state designated threatened, endangered, or special coneErn species. Potential borrow areas to be used for protect construction should be included in the inventories. A listing of designated plant species can be developed through. consultation with: ~y Tb.c Natural bleritagc Program PAGE 04 03/22/2006 16:46 9195289839 Memo and, 2 N. C. Division of Parks and Recreation 1615 Mail Service Center Raleigh, N. C. 27699-1615 (9l9) 733-7795 WWW.ncs ~ tl h NCDA Platlt Conservation Program P. O. Box 27647 Raleigh, N. C. 27611 (919)733-3610 2. Description of any streams or wetlands affected by the project. The need .for channelizin~ or relocating portions of strcarras crossed and the extent of such activities. 3. Cover type maps showing wetland acreages impacted by the project. Wetland acreages should include all project-related areas that may undergo hydrologic change as a result of ditching, other draiziage, or filling for. project construction. Wetland identification mayob s of accomplished through coordination with the U. S. Army CC rp, E el ands shouOld beIi t nt'fiCcd and Grit ria listedtbe person delineating w 4. Cover type maps showing acreages of upland wildlife habitat impacted by the proposed project. Potential borrow sites should be included. S. The extent to which the project will result in loss, degradation, or fragmentation of wildlife habitat (wetland,5 or uplands). 6. Mitigation for avoiding, m.in.imizing or compensating for direct and indirect degradati4n_=inkabitat quality as well as quantitative losses. 7. A cumulative impact assessment section which analyzes the environmental effects of highway construction and quantifies the contribution of this individual project to environmental degradation. 8. A discussioondahedevelo mere tfac litatod by the tmp oved road accesssult from sec ry p 9. If construction of this facility is to be coordinated with other state, munieibbppal, or rivate development projects, a description of tb.ese projects shohould in le uded in the environmental document, and all project sponsors s be identified. 10. A dis acts associated wath~the disposal. of the dredge material l' and any imp Thank you for th ~~p~p ~ rst~'our offi eepleasercontact m at (919j 52889886 this project. If we can £u Y Cc: Bill Biddlecome, USACE Brian Wrenn, DWG (}ar,y Jordan, US>^WS Catliy Brittingham, DCM Marcr 22, 2006 ~~- ~~~2 ~ ~ - NORTH CAROLINA STATE CLEARINGHOUSE DEPARTMENT OF ADMINISTRATION - ;..,"-~~~ INTERGOVERNMENTAL REVIEW . _ , ti -..;~ 'Y STATE NUIVIDER: 06-E-4220-025 FO1 DATE RECEIVE~f~02~F,78~Lt~200.¢,{ ~,r~,,r~.,~ AGENCY RESPONSE: 03/23/2006 '""'~ REVIEW CLOSED: 03/28/2006 MS RENEE GLEDHILL-EARLEY CLEARINGHOUSE COORD DEPT OF CUL RESOURCES ~-s--r-- ~- ~`j'~wu ARCHIVES-HISTORY BLDG - MSC 4617 '.~~~;~~, ii ~~~~;~ 1 I /~~ r RALEIGH NC '` ~" ~"~. l- r ` `,/ 6 r;'~~ '~J`" BAR Zoos .~ _ N c, 3 / REVIEW DISTRIBUTION r'. ;' ~~ ~~ ALBEMARLE REG PLANNING COMM c`~i ~' '~r~''•~ v DENR LEGISLATIVE AFFAIRS N '~~ Cb DEPT OF AGRICULTURE ~~ \ ~O ~~ 1 ~ I I DEPT OF CUL RESOURCES `,Gi \ V DEPT OF TRANSPORTATION ~~/ ti~ p` ~`~` '~ DIVISION OF COASTAL MANAGEMENT V~ PROJECT INFORMATION APPLICANT: N.C. Dept. of Transportation TYPE: State Environmental Policy Act ERD: Scoping DESC: Proposal to expand the Emergency Ferry Terminal at Stumpy Point. This entails dredging an area approximately 60 ft by 350 ft and adding two additional docking locations. TIP R-3116) CROSS-REFERENCE NUMBER: 02-E-9220-0912 The attached project has been submitted to the N. C. State Clearinghouse for intergovernmental review. Please review and submit your response by the above indicated date to 1301 Mail Service Center, Raleigh NC 27699-1301. If additional review time is needed, please contact this office at (919)807-2925. AS A RESULT OF THIS REVIEW THE FOLLOWING IS SUBMITTED: NO COMMENT CO NTS ATTACHED SIGNED BY: DATE : ~ °,~~-'~y~ I !~~ A ~ ~ ~ 2006 , 03/31/2006 12: a8 9197153060 NCDENR PAGE 02/04 NC Dcpartmcynt of Environment and Natural Resources Division of Marine Fisheries Sara Winslow 06-4259 Expansion of the fimtrget~c~ Ferry Torminal at stumpy POant Work/dredging -conducted at any limns inside turbidity curtains. If not, dredging moratorium in effect February 15 ~ Octobar 31. - 03/31/2006 12:48 9197153060 NCDENR PAGE 03/04 _. ~~ DEPARTMENT OF EN OURCEgNT ~1ND ~ , NATURAL RE DIVISION dF ENVIRONMENTAL HEALTkI ; ,,, ~,.~;i; 1 ;Project # ~~-0259 Intar-Agency Protect Review R apogee _.,_,_~ .'- I;, Type ofi Proj~~t' . ..:a,~^:~At-rw-e~b~rnand the project Name' F'mrreenCV F 17Y TCfm1I11~1 t S Point. Comments provided by: Regional Program Person a Regional Supervisor for Public Water Supply Section Dentrai Office program n Name: -Fred Hill - Washin_~ phone #: 52 9 - 1Date Recd: 5121/d6 Date Revd: 3J21/Q6 ProQra+11 within Division of Environmental Health: a Public Water Supply Other, Name of Program Response (check all applicable)' No objection to protect as proposed Nq comment Insufficient information to complete review Comments attached Sae comments below j~p water supply wells are located in the immediate vicinity of the proposed project; therefore this office hag no objections. Plans i-ttd specifications must be submitted to, and approved by, the Public Water Supply Section Play Review unit prior to the irigts111ation or relocation of any potable water lines associated w{th this project. Please contact Dare County Water Department (Ken Ftatt, Director) at 252.475.5606 to verify loegtions and availability of potable water lines t'or the project, Retum to Public Water Supply Section Environmental Review Coordinator for the Division qt Environmental Health 03/31/2006 12:48 9197153060 NCDENR PAGE pEPARTMENT OF ENVOURCESNT AND NATURAL RES DIVISION OF ENVIRONMENTAL HEALTH Inter-Agency Project Review Response Project Number 06-0259 county Dare T e of Project prooosal to eztl~Ind the Project Name ~ ~ NC DoT yP F r ee v Ferrv T~ mtaat a1 Stutn Fofnt. The applicant should be advised that plans and speclfc~lttons for all water eystem improvements must be approved by the Division of Environmental Health prior to the award of a contract or the Initiation of construction (as tequlrod by 15A NCAC 1AC .0300et. seq.}. For informa~tiort, contact the Public Water Supply Section, (919) 733-2321, [] This project well be classified es a non•community public water supply and must con~-piy with istan{ h u d contactt thel P bllcCWater Supply Section, (919) 733 2321 informatlan d'1e appl ca ^ If this project is constructed as proposed, we wilt recommend closure of ~ feet of adjacenk waters to the harvest of shellfish. For information regarding the Sh4ltfish sanitation program, the applicant should contact the Shellfish Sanitation SQCtlon at (262} 726-6827. ^ The loll disposal area{s) proposed for this project may produce a mosquito breeding problem. For information concerning appropriate mosquito control measures, the applicant should contact the Public Health Pest Management Section at (919) 733-8407• The applicant should be advised that prior to the removal or demolition of dliapidated ^ structures, a extensive rodent control program may be neceasa~ry in order to prevent the migratfi ntheftocalrhealth department or the PublicnHealthlPest M$ ragemtanteSe don alt contac {919) 733-6407. ^ ThE applicant should be advised to contact the local health department rag®rding their requirements for sgptlc tank Insta11at1ans (as required under 15A NCAC 1 BA. 1900 et. sop.}. For lnformatlgn concerning septic tank and ether on-site wastt disposal methods contact the On-Site Wastewater Section at (919) 733-2895. ^ The applicant Should be advised to contact the local health dap®rtment regarding the sanitary facilities required for this protect. If existing water lines will be relocated dating the construction, plans for the water line relocation must be submitted to the Division of Environmental Health, Public Water Supply Section, Technical Services Branch, 1634 Mall Service Center, Raleigh, North Carolina 27699-1634, {919) 733-2321 ® For Regional and Central Office comments, see the reverse side o! this form. Jim McRight PWSS 03x17106 Reviewer 9ectivn/Branch Date S~tiPwalAnpela vvlClearinghouselRwiow Rtasponse Pqs 1 end 2 for inpUt,doc ~, ' e~~ NCDENR North Carolina Department of Environment and Natural Michael F. Easley, Governor April 3, 2006 MEMORANDUM ~,~r Resources ~ ~ ~ ~'-~~ ty ~ n ~ f-' l` ~ .'' William G. Ross Jr., Secret~l~' ` TO: Gregory J. Thorpe, DOT Project Development and Environmental Analysis /~ L-- FROM: Harry LeGrand, Natural Heritage Program SUBJECT: Stumpy Point Ferry Terminal Exl,ansion; Dare County REFERENCE: WBS 34525, TIP Project R-3116) The Natural Heritage Program has no record of rare species, significant natural communities, or priority natural areas at the immediate site. An island, apparently a dredge island, just to the east of the two channels has been a site of nesting by terns in 1983 and earlier. However, more recent colonial waterbird surveys, including 2004, have failed to find birds nesting on the island. However, assuming that the island is still present, it is important that the island be checked for nesting by colonial waterbirds. If birds are present, the N.C. Wildlife Resources Commission should be notified (contact is Sue Cameron at <camerons(c~coastalnet.com> to determine how the project should proceed in regard to potential impacts to the island and the birds. You may wish to check the Natural Heritage Program database website at <www ncsparks net/nhp/search.html> for a listing of rare plants and animals and significant natural communities in the county and on the topographic quad map. Please do not hesitate to contact me at 919-715-8697 if you have questions or need further information. 1601 Mal Service Center, Raleigh, North Carolina 27699-1601 j~jp~lCalOllna ... _ . _ -...... i_~.......1- unmu ens elele nn nc A //. . STUMPY POINT BAY EMERGENCY FERRY TERMINAL SR 1164 (Log Storage Road) Dare County WBS Element 34525.1.12 TIP PROJECT R-3116) ADMINISTRATIVE ACTION ADDENDUM TO THE STATE ENVIRONMENTAL ASSESSMENT/ FINDING OF NO SIGNIFICANT IMPACT N.C. DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS AND FERRY DIVISION In Compliance with the North Carolina Environmental Policy Act APPROVED: 9 ~~~~ D e ~~ -- Gregory J. Thorpe, Ph.D., Environmental Management Director Project Development and Environmental Analysis Branch, NCDOT STUMPY POINT BAY EMERGENCY FERRY TERMINAL SR 1164 (Log Storage Road) Dare County WBS Element 34525.1.12 TIP PROJECT R-3116] ADDENDUM TO THE STATE ENVIRONMENTAL ASSESSMENT/ FINDING OF NO SIGNIFICANT IMPACT September 2006 Documentation Prepared in Project Development and Environmental Analysis Branch by: Eliza th A. Smyre Project Planning Engineer CT~arles R. Cdx, P.E. Project Engineer LaO~ ~! L S S ~ ' ~ ~ ~~ 7 ,r,~e ~ SEAL ~ ~ X9328 ~'F ~~'~~ '•. N~ N ~, ,. ~ ~.,, ~y •°••. ~ ..E • • G ,. TABLE OF CONTENTS I. SUMMARY .........................................................................................1 A. Description of Action .............................................................................1 B. Alternatives Considered .........................................................................1 C. NCDOT Recommended Alternative ......................................................... 2 D. Coordination .........................................................................................2 E. Summary of Beneficial and Adverse Impacts .......................................... 2 F. Actions Required By Other Agencies ...................................................... 2 G. Additional Information .......................................................................... 3 H. Addendum to the State Environmental Assessment/ Finding of No Significant Impact ................................................................................. 3 II. PURPOSE AND NEED FOR THE PROPOSED PRO]ECT ....................... 4 III. ALTERNATIVES .................................................................................. 4 A. Alternatives Eliminated From Consideration ............................................ 4 B. Recommended Alternative ..................................................................... 4 C. Disposal of Dredge Material ................................................................... 5 IV. SOCIOECONOMIC ENVIRONMENT ....................................................5 A. Cultural Resources ................................................................................5 V. NATURAL RESOURCES ...................................................................... 5 A. Anticipated Impacts to Biotic Communities ............................................. 6 B. Permits ................................................................................................ 6 C. Rare and Protected Species ...................................................................7 VI: COMMENTS AND COORDINATION ..................................................10 VII.FINDING OF NO SIGNIFICANT IMPACT .........................................10 TABLE Table 1. Federally-Protected Species for Dare County ........................... 9 APPENDICES A. Figures B. Agency Correspondence PRO]ECT COMMITMENTS STUMPY POINT BAY EMERGENCY FERRY TERMINA~. SR 1164 (Log Storage Road)`. Dare County WBS Element 34525.1,12 TIP PRO]ECT R-3116]- The following commitments were included in the original State Environment I Assessment/ Finding of No Significant Impact, published in 2002. Any Chang s or additions to these commitments are listed in Jta/fcs: 1. A Special Use Permit is required with the Alligator River National Wildlife Refuge for the use of their spoil storage site. ~, 2. The following environmental permits will be required: • CAMA Major Development Permit- NCDENR, Division of Coastal Management • individual Permit (Sections 10 and 404)- US Army Corps of Engineers '~ • 401 Water Quality Certification- NCDENR, Division of Water Quality • Stormwater Management Plan Permit- NCDENR, Division of Water Quality 3. NCDOT will coordinate with the Division of Marine Fisheries regarding seasonal construction moratoriums. 4. All construction work will be performed outside the limits of the adjacent Stumpy Point wetland mitigation site. (New commitment) 5. NCDOT should adhere to "Guidelines for Avoiding Impacts to the West Indian ,Manatee: Precautionary Measures for Construction Activitles in North Carolina Waters" for this project. (New commitment) ', 6. NCDOT's Design Standards in Sensitive Watersheds will b~ implemented. (N~w commitment) 7. A general submerged aquatic vegetation (SAV) search will be conducted by t e ine Fisheries rior to construction. The need for additional sur~jeys Division of Mar p will be determined at that time. NCDOT has clomp/eted a SA V survey In the study area; no SA V were found. 8. The need for underwater archaeology studies is pending. Once a determination is made, NCDOT will complete any studies prior to construction.. '~, R-311W State EJ~I FONSI Addendum Page 1 of 2 September 2006. i PROJECT COMMITMENTS NCDOT ha.~ cooro'Inated with the Office of State Archaeo%gy; It was det rm/ned that no underwater archaeo%gy studies are warranted for th/s project: owever, dredg/ng work wi// cease and the OSA wJ// be notified /mmed/ate/y if an potentla/ artifacts are located during construction, 9. NCDOT will coordinate with the US Fish and Wildlife Service regarding a I "May Affect, Not Likely to Adversely Affect" biological conclusions. (New commitrwhent) 10. NCDOT will prepare an Essential Fish Habitat Assessment and coordina a with the National Marine Fisheries Service on this work. (New commitment) NCDOT Conducted an Essentia/ Fish Habitat Assessment in August 20 ; no significant impacts to EFH are ant>c/pated. Yry R-3110 State EA/ FONSI Addendum September 2006 Page 2 of 2 STUMPY POINT BAY EMERGENCY FERRY TERMINAL SR 1164 (Log Storage Road) Dare County WBS Element 34525.1.12 TIP PRO]ECT R-3116] ADDENDUM TO THE STATE ENVIRONMENTAL ASSESSMENT/ FINDING OF NO SIGNIFICANT IMPACT Prepared by the Project Development and Environmental Analysis Branch North Carolina Department of Transportation I. SUMMARY This is a North Carolina State Administrative Action-Addendum to the Environmental Assessment/ Finding of No Significant Impact (SEA/FONSI) that was completed in February 2002. Unless otherwise noted, the impacts detailed in the original document have not changed. A. Description of Action The North Carolina Department of Transportation (NCDOT), Division of Highways and Ferry Division, proposes to expand the ferry basin originally dredged in 2002 as part of the ferry terminal construction project (Figure 1). The original project, as detailed in the 2002 SEA/FONSI, included the dredging of a 300-foot by 350-foot area to a depth of 8 feet for use as a turning basin, including two slips for the overnight storage of ferry vessels. The proposed work to be discussed in this Addendum would create space for two additional slips in the turning basin so that two additional vessels can be incorporated into the Stumpy Point-Rodanthe emergency 'route. B. Alternatives Considered NCDOT examined the possibility of providing additional berthing space at the Rodanthe terminal rather than at Stumpy Point Bay. However, expansion of the Rodanthe terminal would require extensive dredging in order to provide additional berthing spaces. Expansion of the Stumpy Point terminal to the south side of the existing turning basin was also considered; however, this alternative was not pursued as potential dredging would be required outside the boundaries of state owned property. C. NCDOT Recommended Alternative The Recommended Alternative consists of dredging an area approximately 60 feet by 350 feet on the north side of the existing dredged basin to a depth of eight feet (Figure 2). Following dredging activities, additional pile clusters will be installed to delineate the additional slips. An elevated walkway will be constructed to provide access to the two new slips. D. Coordination Several federal, state, and local agencies were contacted during the preparation of this Addendum. Copies of any correspondence can be found in Appendix A. E. Summary of Beneficial and Adverse Impacts • The dredging operations necessary to expand the turning basin could . disturb important secondary nursery areas and other aquatic resources located in Stumpy Point Bay. • The expansion of the turning basin will assist in evacuating citizens from the Outer Banks in a timely manner during an emergency situation by enabling NCDOT to utilize more vessels on the route. F. Actions Required By Other Agencies The proposed action will result in impacts to surface waters, jurisdictional wetlands and coastal resources. The North Carolina Coastal Management Act (CAMA) provides permitting reviews of impacts affecting Areas of Environmental Concern (AECs) in the designated coastal counties. Dare County is one of the counties under the CAMA review and as such, a CAMA Major Development Permit will be required. An Individual Permit issued by the U.S. Army Corps of Engineers (USAGE) will be required in order to comply with Section 10 of the River and Harbors Act of 1899 and Section 404 of the Clean Water Act of 1977, as amended. Section 401 of the Clean Water Act requires each state to certify that state water quality standards will not be violated for activities that involves issuance of a federal permit or license or require discharges to "Waters of the United States." Requirements of the Department of Natural Resources, Division of Water Quality for 401 certification will be required as part of the permit process to include written concurrence on the CAMA Major Development Permit and approval of a Stormwater Management Plan. 2 The spoil material resulting from the dredging operations in Stumpy Point Bay will be stored in a spoil storage site located approximately 7,000 feet south of the project in the Alligator River National Wildlife Refuge. The use of this site will require a Special Use Permit issued by officials at the Refuge. G. Additional information Additional information concerning this Addendum can be obtained by contacting the Project Development and Environmental Analysis Branch. Mr. Gregory J. Thorpe, Ph.D., Manager Project Development and Environmental Analysis Branch North Carolina Department of Transportation 1548 Mail Service Center Raleigh, North Carolina 27699-1548 (919) 733-3141 H. Addendum to the State Environmental Assessment/ Finding of No Significant Impact Based upon the project as proposed in this report, and upon comments received from federal, state and local agencies, it is the finding of the North Carolina Department of Transportation that the project will not have a significant impact upon the human or natural environment. The proposed action will not have a significant adverse impact on air, noise, or water quality in Dare County. The proposed project is consistent with plans and goals that have been adopted by Dare County and the State of North Carolina. Therefore, an environmental impact statement or further environmental analysis will not be required. 3 II. PURPOSE AND NEED FOR THE PROPOSED PROJECT The existing Stumpy Point Bay Emergency Ferry Terminal was constructed with the purpose of providing an emergency connection from the Outer Banks to the mainland of North Carolina in the event that existing transportation services are disrupted. The constructed facility allows a total of four ferries to operate on the Stumpy Point to Rodanthe emergency route. The purpose of this project is to expand the ferry turning basin in order to increase the capacity of the existing facility. The proposed expansion would create two additional berthing slips that would enable the Ferry Division to operate a total of six ferry boats on the emergency Stumpy Point to Rodanthe route. The additional ferries would be critical in the event that NC 12 service is disrupted for extended time periods. III. ALTERNATIVES A. Alternatives Eliminated From Consideration NCDOT examined the possibility of providing additional berthing space at the Rodanthe terminal rather than at Stumpy Point Bay. However, expansion of the Rodanthe terminal would require extensive dredging in order to provide additional berthing spaces. Expansion of the Stumpy Point terminal to the south side of the existing turning basin was also considered; however, this alternative was not pursued as potential dredging would be required outside the boundaries of state owned property. B. Recommended Alternative The Recommended Alternative consists of dredging an area approximately 60 feet by 350 feet on the north side of the existing dredged basin (Figure 2). The area would be dredged to a depth of eight feet. Based on the average recorded depth within the study area, approximately 3,000 cubic yards of material will be excavated. Following dredging activities, additional pile clusters will be installed to denote the additional berthing slips. The additional slips will be used only to house ferry vessels while not in use; the loading and offloading of vehicles will continue to occur from the facilities already constructed. Upland development will include a 6-foot by 100-foot elevated main wooden walkway and two 6-foot by 25-foot finger walkways to access the vessels moored in the added slips (Figure 3). Construction of the walkways will occur outside of the limits of the adjacent wetland mitigation site. 4 C. Disposal of Dredge Material The NCDOT anticipates using a spoil disposal site located on property owned by the Alligator River National Wildlife Refuge (ARNWR). The disposal site is the same as was used during the dredging of the original access channel and turning basin. The ARNWR will require a special use permit for use of the disposal property. Disposal of the dredged material into the spoil site will be conducted in the same manner as in previous dredging operations. IV. SOCIOECONOMIC ENVIRONMENT The following section summarizes updates to the socioeconomic environmental studies conducted for the original SEA/FONSI in 2002. Unless otherwise noted, information regarding land use, transportation planning, socioeconomic data, and cultural resources has not changed since the original SEA/FONSI was published. A. Cultural Resources 1. Archaeology This project is subject to compliance with Section 106 of the National Historic Preservation Act of 1966, as amended, implemented by the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106, codified at Title 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 inclusion in the National Register of Historic Places, the Advisory Council on Historic Preservation be given the opportunity to comment. NCDOT consulted with the Office of State Archaeology (OSA) regarding potential archaeological sites in the proposed project area. OSA does consider the undertaking to be a major bottom disturbance. The probability of encountering significant underwater cultural resources is, however, low at this location. OSA recommended that NCDOT proceed with caution and requested immediate notification if any potential artifacts are encountered during construction. No additional investigation is warranted for this project. V. NATURAL RESOURCES The following section summarizes updates to the natural resource studies conducted for the original SEA/FONSI. Unless otherwise noted, information 5 regarding water resources, biotic communities, jurisdictional issues, and rare and protected species has not changed since the original SEA/FONSI was published. A. Anticipated Impacts to Biotic Communities 1. Terrestrial Communities Anticipated impacts to terrestrial communities are estimated based upon the proposed construction limits. The only terrestrial community to be impacted will be the disturbed area along the shore of Stumpy Point Bay; this area will have shading impacts due to construction of the wooden walkway, to be constructed on pilings (Figure 3). 2. Wetland Communities Wetlands subject to review under Section 404 of the Clean Water Act (33 U.S.C. 1344) are defined by the presence of three primary criteria: hydric soils, hydrophytic vegetation, and evidence of hydrology at or near the surface for a portion of-the growing season. CAMA jurisdictional wetlands occur along the shoreline of Stumpy Point Bay. However, due to the limited construction activities included in this project, no wetland impacts are expected. During construction, Best Management Practices (BMP's), including erosion control measures will be used. Therefore, it is anticipated that expansion of the terminal will result in minimal impacts to surrounding surface waters. 3. Aquatic Communities Temporary impacts to aquatic species from increased sediment during construction are expected to be reduced by performing the dredging work within the time period established by the NC Division of Marine Fisheries (DMF). Dredging will be performed between November 1 and February 14, per current DMF guidelines. Best Management Practices for the protection of surface waters should be strictly enforced to reduce impacts. NCDOT conducted a submerged aquatic vegetation (SAV) search of the study area; no SAV were found. B. Permits It is anticipated that the following permits will be needed to complete the required construction: 6 • Major CAMA Development Permit from the NC Division of Coastal Management; • Special Use Permit from the Alligator River National Wildlife Refuge for use of the spoil disposal site; • Individual Permit (including Sections 10 and 404) from the US Army Corps of Engineers; • Section 401 Water Quality Certification from the NC Division of Water Quality; and • North Carolina Stormwater Management Permit from the NC Division of Water Quality. C. Rare and Protected Species As of June 21, 2006, the US Fish and Wildlife Service lists fourteen Federally-Protected species for Dare County (Table 1). Table 1 summarizes the previous surveys as well as the current surveys. Two species (Red wolf, Shortnose sturgeon) have been added to the list of Federally-Protected species for Dare County. The following species have been added to the list of Federally Protected Species for Dare County since the completion of the SEA/FONSI: Red Wolf (Canis rufus) STATUS: Endangered- Non-Essential Experimental Population DESCRIPTION: Amedium-sized, wild canid, the red wolf resembles the coyote but is larger and more robust. Its legs and ears are relatively longer than the coyote's. The red wolfs coloration is similar to that of the coyote, but the tawny element is more pronounced, and the pelage is usually somewhat coarser. This species is slightly smaller than the gray wolf (C. lupus) with a more slender and elongated head. Its pelage is shorter and coarser than in any race of lupus. RANGE AND POPULATION LEVEL: The red wolf was once found throughout the southeastern United States, from the Atlantic coast to central Texas and from the Gulf Coast to central Missouri and southern Illinois. Between the period of 1900 to 1920, red wolves were extirpated from most of the eastern portion of their range. A small number persisted in the wild in southeastern Texas and southwestern Louisiana until the late 1970s. By 1980, the species was determined to be extinct in the wild. HABITAT: The last red wolves were found in coastal prairie and marsh habitat because this was the last area in which the animals were allowed to remain. Any habitat area in the southeastern United States of sufficient size, which provides adequate food, water, and the basic cover requirement of heavy vegetation, should be suitable habitat for the red wolf. Telemetry studies indicate that red 7 wolf home range requirements vary from about 25 to 50 square miles. Currently, there is an experimental population of red wolves which is being managed from the Alligator River National Wildlife Refuge. BIOLOGICAL CONCLUSION: The red wolf is listed only as Non-Essential Experimental Population. Species not subject to Section 7 consultation- no biological conclusion required. shortnose Sturgeon (Acipenserbrevirostrum) STATUS: Endangered DESCRIPTION: The shortnose sturgeon is usually less than 3 feet long. It is dark above and light below. It has a wide mouth pointed downward beneath a short snout. Five rows of sharp, pointed plates along the sides of its body provide protection from predators. DISTRIBUTION: The shortnose sturgeon lives in Atlantic Seaboard rivers from southern Canada to northeastern Florida. HABITAT AND CHARACTERISTICS: The sturgeon inhabits the lower sections of larger rivers and coastal waters along the Atlantic coast. It may spend most of the year in brackish or salt water and move into fresh water only to spawn. The fish feeds on invertebrates (shrimp, worms, etc.) and stems and leaves of macrophytes. BIOLOGICAL CONCLUSION: NO EFFECT. Per conversation with Fritz Rohde, North Carolina Division of Marine Fisheries, on June 22, 2006, "It is unlikely that the shortnose sturgeon occurs there." Since the SEA/FONSI was written, NCDOT, under the advisement of the USFWS, has changed the protocol in which biological conclusions are rendered. When the SEA/FONSI was developed, a "No Effect" biological conclusion could be rendered if habitat was present, but no species were found. Since then, it is acknowledged that the mobility of animals can inhibit a surveyor from finding the species, and a "No Effect" biological conclusion is not appropriate when habitat exists in the project area. As the intention of the Endangered Species Act to protect habitat as well as the species, a more appropriate biological conclusion is "May Effect, Not Likely to Adversely Affect." As plants are stationary, and thorough survey of species is possible, a biological conclusion of "No Effect" can be attained if no plants are found after a thorough survey during the optimal survey period and there are no known populations of the species within a mile of the study area. 8 x"y:. s °~. J O c~ O vs ~ ~ O 'O ~ ~ ' w U O ~ O ca 4. p p y ~ O ~ pp ~`. x};•. O ~^O T 8 N .~ ~ ~~+" O N S N " p" y~ vii ~ N O N 3 „ .~ - .~.. ~ ' ,,, N .a b ~ N '"' N N N h Q O~ O ~`~Y" x p~ ,~" N ~~ ar W p N N ~ ~ t ~ ~ ~ . ~ O i.. ~~' ~ O ~ ~ftf+ C~~.C++ z ~ O U CC R ' a.+ ' U 4 ' d vs ~, c O b b b U ' . O N p U N C ~ w S N N O~~ U N N b ~ o a~ 3 Z a~ a~ ~ ~ :n ~ : ~ a~ a ~ b ~ ~ a a ay a U ~ y ~ W d ~ ~ . CQ C CO b0 C .~O OD C .~O by ^ .cO. bA ~ °_O Gq G .GO ,,, ~ ~ . ;~ o :~ ~ ¢ :~ .n ~ om ~' ~ r~ c , ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ m ~s ~ i y CV ~ ~1 W -~+ W ~y 1~1 4 r • ~-1 r 4 ~ .. _ ~ Fly ~-.F.: z V ~+ Ir a-. 1.. Ir ~ N ~ .+ . ~ a r . r -~ ~j ~ ~ L L I.1 Cd U~ fd LL Cd Llr CC L~ Cd W CCl j F-s ~ f-~ !-~ Fr x x x x x x ~_ ~~ O ~.© ¢ ¢ ¢ ¢ L V U H L O ~ Q ¢ y W W W W W N. ~„ , . ' .~ v Z W Z Z Z ..a ~ W W W --~ W W +a-+ ~ ~ '~ ~ z ~ ~ z Z Z Z z z z : ` ' ~ ~ ~ ~ 1 ~ ~ ~ O 1 v ' F'" ¢ H F-~ W W W F-' W E-~ W W X W E-~ W C ~ ~ f C/J .~ .Y 1 W ~ K 1 ~ ~ ~ ~ 3 , ' ~ i ~Q. ~ • ~ ~ h • ~ ~ ~ o ~ ~ ~ ~ ,~ y • ~ .o V ~ ~ • ~ ~ 0 ~ ~ ~ h ~ ~ ~ V ~ ~ ~ j ~ a ~ ~ ~ ~ ~ ,y ~ ~ ,~ ~ o~ v ~ -a `~ O '~ o~i ~~ ~ .4 ~ V ~ ~ .~ O ~ r tl 'Z3 h ~ ~ N • ~ C3 ~ ~ i off, y CS •% ~ U CS °: ~ v Q~ ~~ U W J Q U ~. U 0., V ~ ~ Q ~ ~ ~ ~ a+ ~ C ~ ~ ~ c ar U ~ ' F~.~ ~ ~+ N ~ c is T ~ ~ V1 ~ C C G v b ~ ~ ~ ,^~ c ~ ~ b > b a~ ~ ' ~ ~ ~ ~ U o b ° ' ~ a i ~ ~ ~ ~ 3 ~ ~ a~ ~ o ~ ~ 3 ~ ' " - d a~ o x 3 a~ x ~ o cx a~ O .c ¢ as c7 x ~ ,.a a r ~ ~ a 1 R F- b w. ^ ° ~3 C N O ~ O .ti ~ N L U N ~.:, a ~, ... ~s `~' 0 o ~ ~ ~ ~ ~ O `" ~ Y 4 ~ o ~ N R3 I~r a • G a'7+ 'O ~ w ~ y ~ ~ .~ O ~1 i.~ rM ~ 4 ~ U w o 3 ~ ~ '.C U -~ ~n.~ ~ ~3 ~ a~ ~3 a a.K N ~ b .~ ~ ~ ~ an ~ ro ~ ~ a ~ '~ T b ~ G ~. N O U w' cOC a~ '.:~ v a~ ~ ~ w o ~ a~i ¢ O y ~ ~ T QUq O ~ .~ ~ G b y y o 'O K~ ~'~¢ 4 ~ O ~ a ~, .y a. ,~ U O C U O :av aUNi~Ow ~ ~ ~v ai ¢ qA N GL U ~, a.. h N Cd ~ N ~ ~~ w H N ~ i «r N ~ o Q a¢ 0 0 ~ b 'd F" ~Q w~~~~~ Therefore, due to the changes noted above, the following species' biological conclusion should be updated from "No Effect" to "May Affect, Not Likely to Adversely Affect": Bald Eagle West Indian manatee All other biological conclusions remain valid for this project. Concurrence for these conclusions will be sought from the USFWS prior to the permit application process. NCDOT has conducted an Essential Fish Habitat Assessment of the study area. Given the very small size of the likely impacts in relation to the size of Stumpy Point Bay, no significant impacts to EFH are anticipated with this project. NCDOT will provide the results of the study to the National Marine Fisheries Service. VI. COMMENTS AND COORDINATION NCDOT contacted several federal and state agencies prior the preparation of this document. An asterisk (*) indicates a written response was received from the agency. Copies of the correspondence received are included in Appendix A of this document. *United States Army Corps of Engineers- Regulatory Division U.S. Environmental Protection Agency *National Marine Fisheries Service *U.S. Fish & Wildlife Service N.C. Department of Administration- State Clearinghouse N.C. Department of Cultural Resources- State Historic Preservation Office *N.C. Department of Environment and Natural Resources (NCDENR)- Division of Water Quality *NCDENR- Wildlife Resources Commission *NCDENR- Division of Marine Fisheries *NCDENR- Division of Environmental Health *NCDENR- Natural Heritage Program VII. FINDING OF NO SIGNIFICANT IMPACT Based upon a study of the impacts of the proposed project, as documented in this Addendum, and upon comments received from federal, state, local agencies, it is the finding of the NCDOT that this project will not have a 10 significant adverse impact upon the human or natural environment. The project is not controversial from an environmental standpoint. No significant impacts to natural, social, ecological, cultural, or scenic resources are expected. The proposed project is consistent with local plans and will not disrupt any communities. The project has been extensively coordinated with federal, state, and local agencies. Therefore, neither an Environmental Impact Statement nor further environmental analysis is required. Additional information concerning this document can be obtained by contacting the Project Development and Environmental Analysis Branch: 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 (919) 733-3141 11 APPENDIX A FIGURES A Stumpy Point, Dare County _- -_, j,- ?,~ .~- -- - -_ ~ - , _ ~r~.r_ - Protect Location ': -- 5 ~ ' . ;.. *« ~'~ 9 - ~ i ~' ~ ~ ,~ 1 ~ ~ M ry ~ ' . l • 1 .;- 1 ~ ~ . ~' 1 r'V+ h. f ~ ~ ~ , ~ ~ w ~ .. • ~ t ii - ~ ~ 13~~ih ±~.. "J 1 - ~ - N 0 1 2 4 Miles - i i ~ ~~ ~ N 0 250 500 1,000 Feet Prapxed !n }M Oflkn d: DIVISION OF HIGHWAYS 773 diq,rt Dr., SQ,rtSe YC, 2)510 1756 SlAVIl-IK7 JfPCVlG7f0.15 REV15I0:1' DATE CLAY WIILIS SEPTEMBER i. 2046 z"'°t°s'~~T"c scruvuoa C. E. SIACHTA Waxy ar ADJACENT RIPARIAN PROPERTY OWNER: ROBERT MIDGETT (78 BAYVlEW OR. STUMPY POlNI',NC 27978 WLB -~-'~- WL8 ,, r [D ACCESS ROAD ADJACENT RIPARIAN PROPERTY OWNER: MARIETTA {y.TRAlNOR P.O. BOX 634 MANI•EO,NC 27954 1 wLS3 --'-I WLB~ ~~ a,~D ~J R:P RAP T~ BULKHE4D ___--f-- // ~=w~e I~ ~ ~ WLB I wLD f r ADJACENT' RIPARIa4 PROPERTY a9NERS: CONGREGATION NOUNESS CNURCN STUMPY PorNTrxc usfws P.0.80X 1459 ~UAMEO,NC x954 ~ TYPICAL PILE CLUSTERS WILL CONSIST OF FROIA N'NEI91 TO NINETEEN(191 PILES TURNING PILES WILL CDNSIST 1 PRDPOSm rux~AY OF UP TO TWENTY-FIVE PILES t s' x ad ~uXXaY I f 6' X 2Y RALKWIYS 1 wLS wLS~ D I I Ab. ~ 1.Y~- 0 0 ~ /~-~ I r m / 1 ~ ~Y-50'-~-0~-52'-^0'-52' S0' / I 'm \ I \ 1 I Q~---~-62'-#0~-62' / o ~ I I if I 0 ~ I / ° ~ ~ tS ~ D ~ ~ PROPOSED PILES I - ~9 ~ o a ~ ~~ Av i o^ ° ~ ° % `~~ ; EXISTING2 FERRY /BASIN ~ p ~`~ ,,-'~ ~ (300 X 3501 m ~ ~ I o p ~ ~ ,~ , - ~P _ ,-' ,~~ C -" '-~-~- o ~, ,,-' SAP -'' •y ' °i,+ ,- , •~ o ~, .' ,' D ~ ' ~ - - ~' D i>' •~ o i2~ ' s .~ •.~ - - ... ~ ~~ ~,. 0~ 0. ; r ° ~J .~ 0~ TJ .~ 0~ °~ ~O 0~ i~ o~, o~ ° ~ •9 s o~ ° ~' GRAPHIC `SCALES sxow,v cv FEEr 50 25 0 50 100 PLANS Q~G°~G~`~D~~~ C~ AA~v~eR1~V ~~~aL51~~~9~~~9(~~ B IP # R-3116) Stumpy Point Ferry Terminal Expansion Subject: TIP # R-3116) Stumpy Point Ferry Terminal Expansion Date: Fri, 14 Apr 2006 12:33:15 -0400 From: "Biddlecome, William J SAW" <William.J.Biddlecome@saw02.usace.army.mil> To: <bsmyre@dot.state.nc.us> CC: "Gary Jordan" <Gary_Jordan@fws.gov>, "Wilson, Travis W." <travis.wilson@ncwildlife.org>, <brian.wrenn@ncmail.net>, "smtp-Sechler, Ron" <ron.sechler@noaa.gov>, "smtp-Winslow, Sara" <sara.winslow@ncmail.net>, <militscher.chris@epamail.epa.gov>, <Matthews.Kathy @ epamail.epa. gov> Beth, I haven't had time to draft a letter concerning your February 23, 2006 scoping letter for the above project so this e-mail is acting as the official correspondence. The project as proposed would require an Individual Permit from the Corps of Engineers for the expansion of the basin by approximately .5 acres and the associated additional docking locations. Based on the information provided it appears jurisdictional wetlands may be impacted by the project. Department of Army (DA) 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 wetlands in conjunction with this project. Additionally, the waters of the Pamlico Sound are Section 10 waters which would require a Section 10 permit pursuant to the River and Harbors Act of 1899. The individual permit I mentioned above would cover the activities for both Section 10 and 404. Environmental concerns with this project include the~destruction and filling of wetlands, the destruction of Submerged Aquatic vegetation (SAV's) and the associated impacts to Essential Fish Habitat (EFH). The Corp also agrees and supports the comments provided to you in letters from the U.S. Fish and Wildlife (FWS), North Carolina Wildlife Resources Commission (NCWRC), and the North Carolina Division of Water Quality (DWO) dated March 15, 2006, and March 22, 2006. All work related to Federal Endangered Species as required by Section 7 of the Endangered Species Act including copies of all correspondence and meeting minutes with NOAA Marine Fisheries Service and the US Fish and Wildlife Service associated with the project should be coordinated with this office. Additionally, work related to the Magnuson-Stevens Fishery Conservation Act coordinated through NOAA Marine Fisheries should be coordinated with this office also. I thank you for your time and cooperation. If you have questions, comments or require additional information, please contact me at (252) 975-1616, extension 26. Bill Biddlecome NCDOT Project Manager .. Washington Regulatory Field Office -,nanruK t1~10 A Fwd: TIP # R-3l 16J Stumpy Point Fe[ry Terminal Expansion] Subject: [Fred: TIP # R-3116) Stumpy Point Ferry Terminal Expansion] Date: Mon, 17 Apr 2006 08:41:20 -0400 From: Ron Sechler <ron.sechler@noaa.gov> To: Beth Smyre <bsmyre@dot.state.nc.us> CC: Bill Biddlecome <William.J.Biddlecome@usace.army.mil> Beth, Reference your February 23, 2006, scoping letter on the proposed expansion of the Stumpy Point Ferry Terminal. Based on the information provided, the National Marine Fisheries Service (NMFS) believes that habitat for federally managed species would be excavated or filled and that this new work would cumulatively add to the impacts that have already occurred at this site. Therefore, in order to fully evaluate these impacts, including indirect and cumulative impacts, NMFS recommends preparation of an essential fish habitat assessment for this work. Thank you for the opportunity to provide these comments early in the project planning process. Sincerely, Ron Sechler National Marine Fisheries Service Habitat Conservation Division 101 Pivers Island Road Beaufort, North Carolina 28516 Phone: 252-728-5090 Fax: 252-728-8728 Email: ron.sechler@noaa.gov Subject: TIP # R-3116) Stumpy Point Ferry Terminal Expansion Date: Fri, 14 Apr 2006 12:33:15 -0400 From: "Biddlecome, William J SAW" <William.J.Biddlecome@saw02.usace.army.mil> To: bsmyre@dot.state.nc.us CC: Gary Jordan <Gary_Jordan@fws.gov>, "Wilson, Travis W." <travis.wilson@ncwildlife.org>, brian.wrenn@ncmail.net, "smtp-Sechler, Ron" <ron.sechler@noaa.gov>, "smtp-Winslow, Sara" <sara.winslow@ncmail.net>, militscher.chris@epamail.epa.gov, Matthews.Kathy@epamail.epa.gov Beth, ciun~xtf t2:49 P] EGA United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 V March 15, 2006 Gregory J. Thorpe, Ph.D. North Carolina Department of Transportation Project Development and Environmental Analysis 1548 Mail Service Center Raleigh, North Carolina 27699-1548 Dear Dr. Thorpe: I,yQR ~Y ~~i 1t Yi .~ ~V `. 1c' K;~. C'. ,, ~ ~' ~. '~ This letter is in response to your request for comments from the U.S. Fish and Wildlife Service (Service) on the potential environmental effects of the proposed expansion of the Stumpy Point Ferry Terminal in Dare County, North Carolina (TIP No. R-3116J). These comments provide scoping infomlation in accordance with provisions of the Fish and Wildlife Coordination Act (l6 U.S.C. 661-667d) and section 7 of the Endangered Species Act (ESA) of 1973, as amended (l6 U.S.C. 1531-1543). According to the information provided, the North Carolina Department of Transportation (NCDOT) I~rc~poses to expand the existing ferry basin by dredging an area approximately 60 feet by 350 feet and adding -wo additional docking locations. During a March 14, 2006 telephone conversation, Mr. Clay \Villis of NCDOT stated to Mr. Gary Jordan of the Service, that the adjacent Stumpy Point Wetland ,~IitiLation Site would not be affected by this project. Mr. Willis also stated that a submerged aquatic vegetation survey would be conducted at the project site. We believe that this is prudent. Section 7(a)(2) of the Endangered Species Act requires that all federal action agencies (or their designated non-federal representatives), in consultation with the Service, insure that any action federally authorized, funded, or carried out by such agencies is not likely to jeopardize the continued existence of any federally-listed threatened or endangered species. A biological assessment/evaluation may be prepared to fultill'tl~e section 7(a)(2) requirement and will expedite the consultation process. To assist you, acounty- by-county list of federally protected species known to occur in North Carolina and information on their life histories and habitats can be found on our web page at http //nc-es tlvs Gov/es/countvfr.html . -,-,, , ,._...' II P "~TCNHP} databaso indicates an occurrcncc of the federally ~ iii ,rV~ul i.tii0iii;a *:atUrai ~ritagC rogram ~~ ~ endangered West Indian manatee (Trichechus manatccs) near the project area. To minimize the potential for adverse effects to this species, we recommend that the Service's GUIDELINES FOR AVOIDING II~`IPACTS TO THE WEST INDIAN MANATEE: Precautionary Measures for Construction Activities in North Carolina Waters be implemented as part of the project. These guidelines can be found at hltp~Unc es fws i;ov/mammal/manatee v~iidelines.pdf . If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely to adversely affect) a listed species, you should notify this office with your determination, the results of your surveys, survey methodologies, and an analysis of the effects of the action on listed species, including runsideration of direct, indirect, and cumulative effects, before conducting any activities that might affect the species. If you determine that the proposed action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on listed species, then you are not required to contact our office for concurrence. We reserve the right to review any federal permits that may be required for this project, at the public notice stage. 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 this project include the following in sufficient detail to facilitate a thorough review of the action: 1. A clearly defined and detailed purpose and need for the proposed project; 2. A description of the proposed action with an analysis of all alternatives being considered; A description of the fish and wildlife resources, and their habitats, within the project impact area that may be directly or indirectly affected; The extent and acreage of waters of the U.S. that are to be impacted by filling, dredging, clearing, ditching, 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 Eng~~eers Wetlands Delineation Manual and verified by the U.S. Army Corps of Engineers; 5. 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 construction techniques which would be employed to avoid or minimize impacts to fish and wildlife resources, both direct and indirect; 7. If unavoidable wetland impacts are proposed, project planning should include a compensatory mitigation plan for offsetting the unavoidable impacts. The Service appreciates the opportunity to comment on this project. Please continue to advise us during tl~e progression of the planning process, including your official determination of the impacts of this project. If you have any questions regarding our response, please contact Mr. Gary Jordan at (919) 856- 4520, ext. 32. Sincerely, ... r `' ~r•r Pete Benjamin Ecological Services Supervisor cc: Bill Biddlecome, USACE, Washington, NC Brian Wrenn, NCDWQ, Raleigh, NC Travis Wilson, NCWRC, Creedmoor, NC Chris Militscher, USEPA, Raleigh, NC John Sullivan, FHwA, Raleigh, NC p~O~ W AT ~RQG r ~ -i O '~ MEMORANDUM March 22, 2006 `'~ .~ "`~ ;- ~ To: Melba McGee, Environmental Coordinator, Office of Legislative and Inter~o~ernm r ~ Affairs `'"O ~ ~..~~„ From: Brian L. Wrenn, Transportation Permitting Unit, NCDWQ ~+rs 0` -~~,l,,F Z~ ~1 Subject: Request for Scoping Comments for the Proposed Expansion of the Stumpy Point Ferry Terminal in Dare County, TIP Project No. R-3116J, WBS 34525, State Clearinghouse Project No. 06-0259. This office has reviewed the referenced document. The Division of Water Quality (DWQ) is responsible for the issuance of the Section 401 Water Quality Certification for activities that impact Waters of the U.S., including wetlands. Based on a preliminary review of the project study area, DWQ has the followin comments: Stream/Surface Water River Basin Classification Stream Index No. Stumvv Point Bay _ Pas uotank SA; H W 30-22-8 Project Specific Comments: 1. Stumpy Point Bay is class SA; HQW waters of the State. This is one of the highest quality water systems in the State and an important nursery area and shellfish habitat. Any land disturbing activities in this area should meet the requirements of Design Standards in Sensitive Watersheds (15A NCAC 04B .0124). In addition, if a state storm water permit is required, the storm water plan must meet the requirements for HQW in 15A NCAC 02H .1006. 2. Dredged material from this•p`roj2ct should be properly disposed of in approved spoil disposal sites. Proper sediment and erosion control measures should be.in place to prevent water quality standard violations due to storm water runoff from these sites. 3. Submerged aquatic vegetation (SAV) surveys should be conducted prior to dredging. Impacts to SAV populations should be avoided and :minimized to the maximum extent possible. Any direct impacts to SAV populations may require mitigation through preservation, enhancement or restoration activities. NCDOT should develop and submit a mitigation plan for any impacts to SAVs as part of the 401 Water Quality Certification. 4. Preliminary review of the areas adjacent to the existing terminal appear to be wetlands and are most likely areas of environmental concern (AECs). The proposed docking sites should not impact wetlands. General Corments: 1. In accordance with the Environmental Management Commission's Rules { 15A NCAC 2H.0506(b)(6)}, mitigation will be required for impacts of greater than 1501inear feet to any single perennial stream. In the event that mitigation is required, the mitigation plan should be designed to replace appropriate lost functions and values In accordance with the Environmental Man~Ne~tth Transportation Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699.1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919.733.17861 FAX 919.733-6693 /Internet: htta•//h2o enr state nC us/ncwetlands Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment end Natural Resources Alan W. Klimek, P.E. Director Division of Water duality An Eaual oooortuniN/AHirmative Action Employer - 50% Recydad/1o% Post Consumer Paper 03/22/2006 16:46 9195289839 PAGE 03 r ~ 4y oC'~ ~~ ~ d; ~ . ~ ?~: ~:- ~ Noxt~. Caxo~~x~a W~~d~~'e ~Zesou~ces. Comxn~ss~on.._ ® .,. .MEMORANDUM Rlcl~ard B. Hamilc~n, Executive L~irect~r TO: Melba McGee Office of Legislative and Intergovernmental Affairs, DENR k'ROM.: Travis Wilson, Highway Project Coordinator ~ 11/ ~% ~~ I~abitat Conservatl.on Program DATE: March 22, 2006 SUBJECT: Response to the start of study notification from tho N. C. Department of Transportation (NCDOT) regarding fish and wildlife concerns for the proposal to expand the Emergency Ferry Ternuual at Stumpy Point in Dare County, North Carolina. TIP No. R-3 116J, SCH Project No. 06- 0259_ This memorandtun responds to a request from Gregory J. Tk-o~ipe of the NCDOT for, our concerns regardiiigimpaets on fish and wildlife resources resulting from the subject project. Biologi's'ts on tb.e staff. of th.e N. C. Wildlife Resources Commission (NCWRC) have reviewed the proposed improvements. Our comments are provided in accordance with certain provis>oz~s of tl,e rational Environmental Policy Act (42 U.S.C. 4332(2)(c)) and the Fish and Wildlife Coordination Act (48 Stat. 401., as amended; 1 C U.S.C. C61-667d). NCDOT is proposing to expand the emergency ferry terminal at Stumpy Point. This proposal includes dredging an area approximately 60 feet by 350 feet to enlarge the existing ferry basin. There I,s potential for the proposed dredge area to contain Submerged Aquatic Vegetation (SAV's). NCDOT should survey this area to deterrrtine the presence or absence of SAV's. 1`lCDOT currently manages a mitigation site adjacent to the existing ferry terminal. Impact to this mitigation site should be avoided. To help facilitate document preparation. anal tl,e review process, our general informational needs arc outlined below: Description. of .f..ishery and wildlife resources within the project area, including a listing of federally or state designated threatened, endangered, or special concern species. Potential borrow areas to be used for. pTOJect construction should be included in the inventories. A listing of designated plant species can be developed through. consultation with: Tb.e Natural Heritage Program 03/22/2006 16:46 Men,o 9195289839 2 and, PAGE 04 March 22, 2006 i ~~ ~ ~?Op~ ~~~r' ~~ ~ N. C. Division of Parks and Recreation 1615 Mail Service Center Raleigh, N. C. 27699-1615 (919) 733-7795 yVWW.ncs t/ h NCDA P1ar<t Conservation Program P. O. Box 27647 Raleigh, N. C. 27611 (919)733-3610 2. Descripti 1~~in... or relocat ng portions of strcana bcrosse oand tb.e extent of or channc such activitc s. 3. Cover type maps showing wetland acreages impacted by the project. Wetland acreagcs should include all project-related areas that may undergo hydrologic ck~an.ge as a result of ditching, other drainage, or filling for. project construction. Wetland identification may be accomplished through coordination with the U. S. Army Corps of Engineers (COE). If the COE is not consulted, the person delineating wetlands should be Identified and criteria listed. 4. Cover type maps showing acreages of upland wildlife habitat impacted by the proposed project. potential borrow sites should be included. 5. The extent to which tho project will result in loss, degradatiot,, or fragmentation of wildlife habitat (wetlands or uplands). 6. Mitigation for avoiding, zr,.in.imizing or compensating for direct and indirect dcgradatianin,habitat quality as well as quantitative losses. 7. A cumulative impact assessment section which analyzes the environmental effects of highway construction and quantifies the contribution of this ' individual project to environmental degradation. 8. A discussion of the pprobal~lc impacts on natur them oved road accesssult from secondary develo meat facilitated by p 9. l.f construction of this facility is to be coordinated with other state, munieibbppal, or rivate development projects, a description of tb.ese projects shohouldc in cuded in tb.e env~ronmcntal document, and all project sponsor, s be identified. 10. A mscacts associated wath the d sposal of the dredge material l' at~d any P Thank you for the opportunity to provide i; asetcontact m at (9 19) 528$9886 this project. If we can further assist your office, p. Cc: Bill Biddlecom.e, USACE Brian Wrenn, DWCr Carryy Jordan, USFWS Cathy ~rittingham, DCM NORTH CAROLINA STATE CLEARINGHOUSE DEPARTMENT OF ADMINISTRATION ~ ,;..~~ INTERGOVERNI"~NTAL REVIEW . `.~ , y. • .i +~ STATE NUMBER: :! 06-E-4220-025 FO1 DATE RECEIVE~~E~ 02~,~8~2~00~~ ~,r~y AGENCY RESPONSE: 03/23/2006 " '4C REVIEW CLOSED: 03/28/2006 MS RENEE GLEDHILL-EARLEY CLEARINGHOUSE COORD DEPT OF CUL RESOURCES ARCHIVES-HISTORY BLDG - MSC 4 617 ;~'`'~'., ';t: • ~r;'~ ~- ~ i ( ~( (' r ~ ~ w RALEIGH NC ~ '•; ~ *f:~ `~~. ~- ,:~,' ~ • , ~ 0 (~ .y N c, 3 / ` .~; BAR 200 ~~y ~1 _ REVIEW DISTRIBUTION ~~: ~~•J L 1 ALBEMARLE REG PLANNING COMM DENR LEGISLATIVE AFFAIRS N ~`~ ~ ~ ~~ Cb DEPT OF AGRICULTURE CUL RESOURCES ~~ ~~0 ` G ~~ 1 ~_ I / V DEPT OF DEPT OF TRANSPORTATION ~ ,i i ~.•/SIP~~ `~` l - DIVISION OF COASTAL MANAGEMENT V~ PROJECT INFORMATION APPLICANT: N.C. Dept. of Transportation TYPE: State Environmental Policy Act ERD: Scoping DESC: Proposal to expand the Emergency Ferry Terminal at Stumpy Point. This entails dredging an area approximately 60 ft by 350 ft and adding two additional docking locations. TIP R-3116) CROSS-REFERENCE NUMBER: 02-E-4220-0912 The attached project has been submitted to the N. C. State Clearinghouse for intergovernmental review. Please review and submit your response by the above indicated date to 1301 Mail Service Celease contagt this7office0at (919)807-2925. If additional review time is needed, p AS A RESULT OF THIS REVIEW THE FOLLOWING IS SUBMITTED: NO COMMENT CO NTS ATTACHED SIGNED BY: DATE: 3 ~~~ 1 'O~ ~~h:~ ~1 ,3 700 03/31/2006 12:48 9197153060 NCDENR PAGE 02/04 NC Department of Environment and Natural Resources Divi9ion of Marine Fisheries Sara Winslow 06-0259 Expansion of the Emergtt~cy Ferry Torminal at Stumpy Point Work dredging -conducted at any ti]~e inside turbidity curtains. If not, dredging moratorium in effect February 15 ~ October 31. 03/31/2006 12:48 9197153060 NCDENR PAGE 03/04 _. . ,i~.l(OJeCt # •~ pEPARTMENT OF EN OURCE3NT AND ~ - :.~. ~~_0259 NATURAL RE _ DIVI$1QN dp ENVIRONMENTAL HEAI.TkI ,.. ,,, ,;•,;,, p, re Inter-Agency Project Review R~spogae _ , ; Type o'f Prdjg~C'.- •~~^^~D~ the • Project Name' NG DQ fi at fi y Point. Comments provided by: R~glonal Program Person Regional Supervisor for Public Water Supply Section central Office program n Name' , Ffed Hill - Washir<~t n phone #: 52 94 - '~' 1 Ra a Rev d~: 3!21/06 Program within Division of EnvironmQntal Health: Public Water Supply Other, Name of Program Response (check aH applicable): No objection to project as proposed Nq comment Insufficient Information to complete review comments attached See comments below ]Vp water supply wells are located in the immediate viCiflity of the proposed project; therefore this office hn9 rto objections. Plans attd specifications must be submitted to, and approved by, the Public Water Supply Section Plan Review unit prior to the installation or reloeatioa of any potable water lines associated w{th this project, Please contact Dare County Water Department (den Flatt, Director) at 252.475.5606 to vorify locations and availability of potable water lints for the project, Retum to Public Water Supply Section Environmental Review Coordinator for the Division of Environmental Health 03/31/2006 12:40 9197153060 NCDENR PAGE 04/04 pEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL HEALTH Inter-Agency Rroject Review Response Project Name ric Ao~c Project Number 08-0259 County Dare Type of Praj®ct Frooosal to.eznandshs Stum Point. The applicant should be advised that plans end sptacltcations for all water system improvements must be approved by the Division of Environmental Health prior to the award of a contract or the IniUatian of construction les requirod by 15A NCAG 16C .0300et. seq.). For information, contact the Public Water Supply Section, (919) 733-2321. Cj This project will be classified es a non•community public water supply and must cornpiy Ithl cant shou d conta~t they P bliceWater Supply Section, (919) 733 2321 information the PP ^ ~ ~ if this project is constructed as proposed, we will recommend closure of __ feet of adjacent watQrS to the harvest of shellfish. For information regarding the ShQlffiah sanitarian program, the applicant should contact the Shellfish Sanitation Svctlon at (2ti2} 728-6827. ^ The soil disposal area{s) proposed for this project may produce a mosquito breeding prablsm. For information concerning appropriate mosquito control measures, the applicant Should contact the Public Health Pest Management Section at (919) 733-6407. ^ The applicant should bt o~dvlsed that prior to the removal or demolition of dilapidated structures, a extensive rodent control program may be necessary in order to pr®vent the migration of the rod®nts to adjacent areas.. For information conc®rning rodent control, contact the local health department or the Pub-ic Health PESt Management Secton at (919) 733-6407. ^ The applicant should be advls®d to contact th• local health department regarding their tequfrernents for septic tank Installations (as required under 15A NCAC 18A. 1900 et. sep•)• For Information concerning septic tanfc and ether on-sits waste dispo58l methods, contact the On-Site Wastewater Seetlon at (919) 733-2895, ^ The applicant should l ed for this pro act tact the local health department regarding the sanitary facilities req j It existing water lines will be relocated during the construction, plans far the water line relocation must be submitted to the Division of Environmental Health, Public Water Supply Section, Technical S®rvicea Branch, 1534 Mail Service Center, Raleigh, North Carolina 27699-1634, (918) 733-2321• ® For Regional and Central Office comments, see the reverse side of this form. Jim McRight PWSS d3~17/06 Reviewer 9ectlonlBranch Date g~1PwslAnQela UV1CItaaringhouaelRe~+iew Response Pys 1 end 2 for iAput.doC :',•'.r ,~'~"~ NCDENR ~, ~ ~:: North Carolina Department of Environment and Natural Resources ' r '~ ~ ~' ~~ ~~:;1~ `y~ nZP r Michael F. Easley, Governor April 3, 2006 MEMORANDUM ~1 William G. Ross Jr., Secret~l~ TO: Gregory J. Thorpe, DOT Project Development and Environmental Analysis /~ L-- FROM: Harry LeGrand, Natural Heritage Program SUBJECT: Stumpy Point Ferry Terminal Exl,ansion; Dare County REFERENCE: WBS 34525, TIP Project R-3116) The Natural Heritage Program has no record of rare species, significant natural communities, or priority natural areas at the immediate site. An island, apparently a dredge island, just to the east of the two channels has been a site of nesting by terns in 1983 and earlier. However, more recent colonial waterbird surveys, including 2004, have failed to find birds nesting on the island. However, assuming that the island is still present, it is important that the island be checked for nesting by colonial waterbirds. If birds are present, the N.C. Wildlife Resources Commission should be notified (contact is Sue Cameron at <camerons n coastalnet.com> to determine how the project should proceed in regard to potential impacts to the island and the birds. You may wish to check the Natural Heritage Program database website at <www ncsparks net/nh~/search.html> for a listing of rare plants and animals and significant natural communities in the county and on the topographic quad map. Please do not hesitate to contact me at 919-715-8697 if you have questions or need further information. 1601 Mail Service Center, Raleigh, North Carolina 27699-1601 j~jpl~e{u~,1~Carolina _ _ _ . - ......n ~_~_.....1• vn~nu ens eF~le nr nc A ~1 . /~. . STUMPY POINT BAY EMERGENCY FERRY TERMINAL SR 1164 (Log Storage Road) Dare County WBS Element 34525.1.12 TIP PROJECT R-3116) ADMINISTRATIVE ACTION ADDENDUM TO THE STATE ENVIRONMENTAL ASSESSMENT/ FINDING OF NO SIGNIFICANT IMPACT N.C. DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS AND FERRY DIVISION In Compliance with the North Carolina Environmental Policy Act APPROVED: 9 ~~o~ D e Gregory ). Thorpe, Ph.D., Environmental Management Director Project Development and Environmental Analysis Branch, NCDOT STUMPY POINT BAY EMERGENCY FERRY TERMINAL SR 1164 (Log Storage Road) Dare County WBS Element 34525.1.12 TIP PROJECT R-3116] ADDENDUM TO THE STATE ENVIRONMENTAL ASSESSMENT/ FINDING OF NO SIGNIFICANT IMPACT September 2006 Documentation Prepared in Project Development and Environmental Analysis Branch by: Eliza th A. Smyre Project Planning Engineer Charles R. Cdx, P.E. Project Engineer ``/~~jrrrrvrr r r ~,\\ (gypn '. n• J ti~oo04ESSr~,y4,, ~~~, ° : ~ r•~ 9 ,y I ~ ~ SEAL X9328 . ;,~. . '. ~i ••.....••' .~ ~~~!/11l11111\\\\ TABLE OF CONTENTS I. SUMMARY ......................................................................................... 1 A. B. C. D. E. F. G. Description of Action ............................................................................. Alternatives Considered ......................................................................... NCDOT Recommended Alternative ......................................................... Coordination ......................................................................................... Summary of Beneficial and Adverse Impacts .......................................... Actions Required By Other Agencies ...................................................... Additional Information .......................................................................... l 1 2 2 2 2 3 H. Addendum to the State Environmental Assessment/ Finding of No Significant Impact ................................................................................. 3 II. PURPOSE AND NEED FOR THE PROPOSED PRO]ECT ....................... 4 III. ALTERNATIVES .................................................................................. 4 A. B. C. Alternatives Eliminated From Consideration ............................................ Recommended Alternative ..................................................................... Disposal of Dredge Material ................................................................... 4 4 5 IV. SOCIOECONOMIC ENVIRONMENT .................................................... 5 A. Cultural Resources ................................................................................ 5 V. NATURAL RESOURCES ...................................................................... 5 A. B. Anticipated Impacts to Biotic Communities ............................................. 6 Permits ................................................................................................ 6 C. Rare and Protected Species .................................................................. .7 VI: COMMENTS AND COORDINATION ..................................................10 VII.FINDING OF NO SIGNIFICANT IMPACT .........................................10 TABLE Table 1. Federally-Protected Species for Dare County ........................... 9 APPENDICES A. Figures B. Agency Correspondence PRO]ECT COMMITMENTS STUMPY POINT BAY EMERGENCY FERRY TERMINAL SR 1164 (Log Storage Road) Dare County WBS Element 34525.1.12 TIP PRO]ECT R-3116] The following commitments were included in the original State Environmental Assessment/ Finding of No Significant Impact, published in 2002. Any changes or additions to these commitments are listed in Jta/ics 1. A Special Use Permit is required with the Alligator River National Wildlife Refuge for the use of their spoil storage site. 2. The following environmental permits will be required: • CAMA Major Development Permit- NCDENR, Division of Coastal Management • Individual Permit (Sections 10 and 404)- US Army Corps of Engineers • 401 Water Quality Certification- NCDENR, Division of Water Quality • Stormwater Management Plan Permit- NCDENR, Division of Water Quality 3. NCDOT will coordinate with the Division of Marine Fisheries regarding seasonal construction moratoriums. 4. All construction work will be performed outside the limits of the adjacent Stumpy Point wetland mitigation site. (New commitment) 5. NCDOT should adhere to Guidelines for Avoiding Impacts to the West Indian • ,Manatee: Precautionary Measures-for Construction Activities in North Carolina Waters" for this project. (New commitment) 6. NCDOT's Design Standards in Sensitive Watersheds will be implemented. (New commitment) 7. A general submerged aquatic vegetation (SAV) search will be conducted by the Division of Marine Fisheries prior to construction. The need for additional surveys will be determined at that time. NCDOT has comp/eted a SA V survey in the study area; no SA V were found. 8. The need for underwater archaeology studies is pending. Once a determination is made, NCDOT will complete any studies prior to construction. R-31161 State EA/ FONSI Addendum Page 1 of 2 Septemt~er 2006, PR07ECT COMMITMENTS NCDOT has coord/nated with the O>fice of State Archaeo%gy; it was determined that no underwater archaeo%gy stud/es are warranted for th/s ro~ect. However, dr~dg/ng work w!ll cease and the OSA will be not/fied immediat /y /f any potential artifacts are located during construction. 9. NCDOT will coordinate with the US Fish and Wildlife Service re arding all "May Affect, Not Likely to Adversely Affect"' biological conclusions. ( ew commitment) 10. NCDOT will prepare an Essential Fish Habitat Assessment and oordinate with the National Marine Fisheries Service on this work. (New comma ent) NCDOT conducted an Essentia/Fish Habitat Assessment in Au ust 2006; no significant Impacts to EFH are anticipated. R-311W State EA/ FONSI Addendum I Page 2 of 2 September 2006 STUMPY POINT BAY EMERGENCY FERRY TERMINAL SR 1164 (Log Storage Road) Dare County WBS Element 34525.1.12 TIP PROJECT R-3116) ADDENDUM TO THE STATE ENVIRONMENTAL ASSESSMENT/ FINDING OF NO SIGNIFICANT IMPACT Prepared by the Project Development and Environmental Analysis Branch North Carolina Department of Transportation I. SUMMARY This is a North Carolina State Administrative Action-Addendum to the Environmental Assessment/ Finding of No Significant Impact (SEA/FONSI) that was completed in February 2002. Unless otherwise noted, the impacts detailed in the original document have not changed. A. Description of Action The North Carolina Department of Transportation (NCDOT), Division of Highways and Ferry Division, proposes to expand the ferry basin originally dredged in 2002 as part of the ferry terminal construction project (Figure 1). The original project, as detailed in the 2002 SEA/FONSI, included the dredging of a 300-foot by 350-foot area to a depth of 8 feet for use as a turning basin, including two slips for the overnight storage of ferry vessels. The proposed work to be discussed in this Addendum would create space for two additional slips in the turning basin so that two additional vessels can be incorporated into the Stumpy Point-Rodanthe emergency 'route. B. Alternatives Considered NCDOT examined the possibility of providing additional berthing space at the Rodanthe terminal rather than at Stumpy Point Bay. However, expansion of the Rodanthe terminal would require extensive dredging in order to provide additional berthing spaces. Expansion of the Stumpy Point terminal to the south side of the existing turning basin was also considered; however, this alternative was not pursued as potential dredging would be required outside the boundaries of state owned property. C. NCDOT Recommended Alternative The Recommended Alternative consists of dredging an area approximately 60 feet by 350 feet on the north side of the existing dredged basin to a depth of eight feet (Figure 2). Following dredging activities, additional pile clusters will be installed to delineate the additional slips. An elevated walkway will be constructed to provide access to the two new slips. D. Coordination Several federal, state, and local agencies were contacted during the preparation of this Addendum. Copies of any correspondence can be found in Appendix A. E. Summary of Beneficial and Adverse Impacts • The dredging operations necessary to expand the turning basin could disturb important secondary nursery areas and other aquatic resources located in Stumpy Point Bay. • The expansion of the turning basin will assist in evacuating citizens from the Outer Banks in a timely manner during an emergency situation by enabling NCDOT to utilize more vessels on the route. F. Actions Required By Other Agencies The proposed action will result in impacts to surface waters, jurisdictional wetlands and coastal resources. The North Carolina Coastal Management Act (CAMA) provides permitting reviews of impacts affecting Areas of Environmental Concern (AECs) in the designated coastal counties. Dare County is one of the counties under the CAMA review and as such, a CAMA Major Development Permit will be required. An Individual Permit issued by the U.S. Army Corps of Engineers (USAGE) will be required in order to comply with Section 10 of the River and Harbors Act of 1899 and Section 404 of the Clean Water Act of 1977, as amended. Section 401 of the Clean Water Act requires each state to certify that state water quality standards will not be violated for activities that involves issuance of a federal permit or license or require discharges to "Waters of the United States." Requirements of the Department of Natural Resources, Division of Water Quality for 401 certification will be required as part of the permit process to include written concurrence on the CAMA Major Development Permit and approval of a Stormwater Management Plan. 2 The spoil material resulting from the dredging operations in Stumpy Point Bay will be stored in a spoil storage site located approximately 7,000 feet south of the project in the Alligator River National Wildlife Refuge. The use of this site will require a Special Use Permit issued by officials at the Refuge. G. Additional Information Additional information concerning this Addendum can be obtained by contacting the Project Development and Environmental Analysis Branch. Mr. Gregory J. Thorpe, Ph.D., Manager Project Development and Environmental Analysis Branch North Carolina Department of Transportation 1548 Mail Service Center Raleigh, North Carolina 27699-1548 (919) 733-3141 H. Addendum to the State Environmental Assessment/ Finding of No Significant Impact Based upon the project as proposed in this report, and upon comments received from federal, state and local agencies, it is the finding of the North Carolina Department of Transportation that the project will not have a significant impact upon the human or natural environment. The proposed action will not have a significant adverse impact on air, noise, or water quality in Dare County. The proposed project is consistent with plans and goals that have been adopted by Dare County and the State of North Carolina. Therefore, an environmental impact statement or further environmental analysis will not be required. 3 II. PURPOSE AND NEED FOR THE PROPOSED PROJECT The existing Stumpy Point Bay Emergency Ferry Terminal was constructed with the purpose of providing an emergency connection from the Outer Banks to the mainland of North Carolina in the event that existing transportation services are disrupted. The constructed facility allows a total of four ferries to operate on the Stumpy Point to Rodanthe emergency route. The purpose of this project is to expand the ferry turning basin in order to increase the capacity of the existing facility. The proposed expansion would create two additional berthing slips that would enable the Ferry Division to operate a total of six ferry boats on the emergency Stumpy Point to Rodanthe route. The additional ferries would be critical in the event that NC 12 service is disrupted for extended time periods. III. ALTERNATIVES A. Alternatives Eliminated From Consideration NCDOT examined the possibility of providing additional berthing space at the Rodanthe terminal rather than at Stumpy Point Bay. However, expansion of the Rodanthe terminal would require extensive dredging in order to provide additional berthing spaces. Expansion of the Stumpy Point terminal to the south side of the existing turning basin was also considered; however, this alternative was not pursued as potential dredging would be required outside the boundaries of state owned property. B. Recommended Alternative The Recommended Alternative consists of dredging an area approximately 60 feet by 350 feet on the north side of the existing dredged basin (Figure 2). The area would be dredged to a depth of eight feet. Based on the average recorded depth within the study area, approximately 3,000 cubic yards of material will be excavated. Following dredging activities, additional pile clusters will be installed to denote the additional berthing slips. The additional slips will be used only to house ferry vessels while not in use; the loading and offloading of vehicles will continue to occur from the facilities already constructed. Upland development will include a 6-foot by 100-foot elevated main wooden walkway and two 6-foot by 25-foot finger walkways to access the vessels moored in the added slips (Figure 3). Construction of the walkways will occur outside of the limits of the adjacent wetland mitigation site. 4 C. Disposal of Dredge Material The NCDOT anticipates using a spoil disposal site located on property owned by the Alligator River National Wildlife Refuge (ARNWR). The disposal site is the same as was used during the dredging of the original access channel and turning basin. The ARNWR will require a special use permit for use of the disposal property. Disposal of the dredged material into the spoil site will be conducted in the same manner as in previous dredging operations. IV. SOCIOECONOMIC ENVIRONMENT The following section summarizes updates to the socioeconomic environmental studies conducted for the original SEA/FONSI in 2002. Unless otherwise noted, information regarding land use, transportation planning, socioeconomic data, and cultural resources has not changed since the original SEA/FONSI was published. A. Cultural Resources Archaeology This project is subject to compliance with Section 106 of the National Historic Preservation Act of 1966, as amended, implemented by the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106, codified at Title 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 inclusion in the National Register of Historic Places, the Advisory Council on Historic Preservation be given the opportunity to comment. NCDOT consulted with the Office of State Archaeology (OSA) regarding potential archaeological sites in the proposed project area. OSA does consider the undertaking to be a major bottom disturbance. The probability of encountering significant underwater cultural resources is, however, low at this location. OSA recommended that NCDOT proceed with caution and requested immediate notification if any potential artifacts are encountered during construction. No additional investigation is warranted for this project. V. NATURAL RESOURCES The following section summarizes updates to the natural resource studies conducted for the original SEA/FONSI. Unless otherwise noted, information 5 regarding water resources, biotic communities, jurisdictional issues, and rare and protected species has not changed since the original SEA/FONSI was published. A. Anticipated Impacts to Biotic Communities 1. Terrestrial Communities Anticipated impacts to terrestrial communities are estimated based upon the proposed construction limits. The only terrestrial community to be impacted will be the disturbed area along the shore of Stumpy Point Bay; this area will have shading impacts due to construction of the wooden walkway, to be constructed on pilings (Figure 3). 2. Wetland Communities Wetlands subject to review under Section 404 of the Clean Water Act (33 U.S.C. 1344) are defined by the presence of three primary criteria: hydric soils, hydrophytic vegetation, and evidence of hydrology at or near the surface for a portion of the growing season. CAMA jurisdictional wetlands occur along the shoreline of Stumpy Point Bay. However, due to the limited construction activities included in this project, no wetland impacts are expected. During construction, Best Management Practices (BMP's), including erosion control measures will be used. Therefore, it is anticipated that expansion of the terminal will result in minimal impacts to surrounding surface waters. 3. Aquatic Communities Temporary impacts to aquatic species from increased sediment during construction are expected to be reduced by performing the dredging work within the time period established by the NC Division of Marine Fisheries (DMF). Dredging will be performed between November 1 and February 14, per current DMF guidelines. Best Management Practices for the protection of surface waters should be strictly enforced to reduce impacts. NCDOT conducted a submerged aquatic vegetation (SAV) search of the study area; no SAV were found. B. Permits It is anticipated that the following permits will be needed to complete the required construction: 6 • Major CAMA Development Permit from the NC Division of Coastal Management; • Special Use Permit from the Alligator River National Wildlife Refuge for use of the spoil disposal site; • Individual Permit (including Sections 10 and 404) from the US Army Corps of Engineers; • Section 401 Water Quality Certification from the NC Division of Water Quality; and • North Carolina Stormwater Management Permit from the NC Division of Water Quality. C. Rare and Protected Species As of June 21, 2006, the US Fish and Wildlife Service lists fourteen Federally-Protected species for Dare County (Table 1). Table 1 summarizes the previous surveys as well as the current surveys. Two species (Red wolf, Shortnose sturgeon) have been added to the list of Federally-Protected species for Dare County. The following species have been added to the list of Federally Protected Species for Dare County since the completion of the SEA/FONSI: Red Wolf (Canis rufus) STATUS: Endangered- Non-Essential Experimental Population DESCRIPTION: Amedium-sized, wild canid, the red wolf resembles the coyote but is larger and more robust. Its legs and ears are relatively longer than the coyote's. The red wolfs coloration is similar to that of the coyote, but the tawny element is more pronounced, and the pelage is usually somewhat coarser. This species is slightly smaller than the gray wolf (C. lupus) with a more slender and elongated head. Its pelage is shorter and coarser than in any race of lupus. RANGE AND POPULATION LEVEL: The red wolf was once found throughout the southeastern United States, from the Atlantic coast to central Texas and from the Gulf Coast to central Missouri and southern Illinois. Between the period of 1900 to 1920, red wolves were extirpated from most of the eastern portion of their range. A small number persisted in the wild in southeastern Texas and southwestern Louisiana until the late 1970s. By 1980, the species was determined to be extinct in the wild. HABITAT: The last red wolves were found in coastal prairie and marsh habitat because this was the last area in which the animals were allowed to remain. Any habitat area in the southeastern United States of sufficient size, which provides adequate food, water, and the basic cover requirement of heavy vegetation, should be suitable habitat for the red wolf. Telemetry studies indicate that red 7 wolf home range requirements vary from about 25 to 50 square miles. Currently, there is an experimental population of red wolves which is being managed from the Alligator River National Wildlife Refuge. BIOLOGICAL CONCLUSION: The red wolf is listed only as Non-Essential Experimental Population. Species not subject to Section 7 consultation- no biological conclusion required. shortnose Sturgeon (Acipenserbrevirostrum) STATUS: Endangered DESCRIPTION: The shortnose sturgeon is usually less than 3 feet long. It is dark above and light below. It has a wide mouth pointed downward beneath a short snout. Five rows of sharp, pointed plates along the sides of its body provide protection from predators. DISTRIBUTION: The shortnose sturgeon lives in Atlantic Seaboard rivers from southern Canada to northeastern Florida. HABITAT AND CHARACTERISTICS: The sturgeon inhabits the lower sections of larger rivers and coastal waters along the Atlantic coast. It may spend most of the year in brackish or salt water and move into fresh water only to spawn. The fish feeds on invertebrates (shrimp, worms, etc.) and stems and leaves of macrophytes. BIOLOGICAL CONCLUSION: NO EFFECT. Per conversation with Fritz Rohde, North Carolina Division of Marine Fisheries, on June 22, 2006, "It is unlikely that the shortnose sturgeon occurs there." Since the SEA/FONSI was written, NCDOT, under the advisement of the USFWS, has changed the protocol in which biological conclusions are rendered. When the SEA/FONSI was developed, a "No Effect" biological conclusion could be rendered if habitat was present, but no species were found. Since then, it is acknowledged that the mobility of animals can inhibit a surveyor from finding the species, and a "No Effect" biological conclusion is not appropriate when habitat exists in the project area. As the intention of the Endangered Species Act to protect habitat as well as the species, a more appropriate biological conclusion is "May Effect, Not Likely to Adversely Affect." As plants are stationary, and thorough survey of species is possible, a biological conclusion of "No Effect" can be attained if no plants are found after a thorough survey during the optimal survey period and there are no known populations of the species within a mile of the study area. 8 ~t~M1 ~. i 1~ Lr , O ~ p y ~ ~ p ~ N O o ~ O ~ ~ ^z ~ ; ~ .-. a ~., ~~' ,, •r, ~~~ g N ... a o O~ w ~ N N N~ ~ y ~ ~ N N 3 O ~ i , . ~ , _ ~ ~ b ~ a.~ O ~0. ~ . U ~ .-~ C bD y ~ N ~ N N W O ~ C" N N y U ~ '#~, ~ cd a ~ O ~ Q' p 0 /-. 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O y 0 '~ Q~ Q O : ~ O u: Z ~ ~ ..a z ~ .-a z .-a z W W ~ z W W W Q c em ~' . ~ ~ ~ ~ ~ ~ ~ o z o z o z 0 z o z ~ N ~: _;~ '~ cy ' b O v ¢ Q Q ¢ Q 'b .~ -o ~ W W W W W '" ~/ z W '~ o ~ o ' 1 ,• ~~ ~ O ° z Q Q Q Q Q o z 0 z 0 z 0 z 0 0 z 0 ' ~; U: ~, ~ ~ ~ ~ ~ 7 ~ . ,, `~ q~: ~,. ~ i-. ~ O . ~ ¢ H~ F-~ E--' W W W E-~ W H W W~ W E-~ W G ~ , ~ ~ x 4: ,~ 1 ~ ~ ~ a 1 y 1 ~ ~ ~ ~ sy ~ s ' V .N ~, '~ ~ "' ~ ~ y0 c "C s ~ ~ ~ ~ o •" ~ ~ .~ c ~ ~ ~~" ~ , ~1 , ~ ~ ~ ~ ~ ~ s ~~. '~ R ~ o~ v CS . s -O ~ ~ ~ ~ s ~ o .q ~ U ~ o 0 0 ~ ~ ~ ~ ~, s ~ v a ~ o~p.~ ~ ~ ~ ~ ~ i ~ v ~ i V ~C ~ ~ O U ~~ ~ ~ ~; ~ ~ _ v . a • Q~ tl s ~~ ~ U W ~ y Q s V Ems. V 0.. V ~ Q Q C O ~ N y N 'C i c ' _' ~ ~ a~ ~ , ~ > 'o ~ E ~ ~ G~ id y ++ _ o "d U ~ cd O cd ~ y ~~ U u U Cd vpi ~ ~ 'n ~ ~ S ~ U O a0+ ~ ~ ' . ' ~ ~, W ~ ~ ~ ~a .c ~ ~ a . ~ Y ,0 . o 3 b ~ ~ ~, ~ c '~ ~ ~ ~ ~ E ~" ~ ~ 3 ~ ~ ~ a~ ~ o ~ 3 w b a~ o x 3 a~ x o rx ~ ~ o .c w t7 x x ~ ~ r v~ v~ u U ro L N .~ a~ U; a a a 1 i a Z LL 'C7 '+. ° ~3 c ~ o_ ~ ~ ~ n. ~ ~ N U N ~;, a '~ i ~, 4- 0 N O ~ .~. (~ ~ O ~ bA y O y O i N c~ °~' a • ~ ~~ ~~ ~~ 0 ~. C N `r ° 3 ~ ~ '.S'r" U 'd ~.~ ~ ~ 3 ~ a~ .3 a.~ ~, ~ . c N 4 b .C ~ ~ .~ -o ~~ ~ V :b Cd bA ~ N ~ '~ T «f b ~ . ~ O U s~:. cGa a~ ~ v N ~ cC W w p ~ y Q ~ ~ ~ T Q o ~ ~ ~ ~ y ~ o 'cy ~s'~ Q ~? ~ o ~ a. ~, S ~ ~ O" ~ ~ ~ bA ~ ~ > ^~ ~ U O > ~ La ~'3z i a1 U O U •~ ~ ~ V-. N ~ G~ Q G]. U T :A r ~ N Cd 3 ~ ~ °" ~ y ~ ~ a ~ ~ ~ 0 o Q ~ v~ C ~ Q ~ ~ °pQ~~ yb ~ Q ~~ a ~ ~ ~ J,~ Therefore, due to the changes noted above, the following species' biological conclusion should be updated from "No Effect" to "May Affect, Not Likely to Adversely Affect": Bald Eagle West Indian manatee All other biological conclusions remain valid for this project. Concurrence for these conclusions will be sought from the USFWS prior to the permit application process. NCDOT has conducted an Essential Fish Habitat Assessment of the study area. Given the very small size of the likely impacts in relation to the size of Stumpy Point Bay, no significant impacts to EFH are anticipated with this project. NCDOT will provide the results of the study to the National Marine Fisheries Service. VI. COMMENTS AND COORDINATION NCDOT contacted several federal and state agencies prior the preparation of this document. An asterisk (*) indicates a written response was received from the agency. Copies of the correspondence received are included in Appendix A of this document. *United States Army Corps of Engineers- Regulatory Division U.S. Environmental Protection Agency *National Marine Fisheries Service *U.S. Fish & Wildlife Service N.C. Department of Administration- State Clearinghouse N.C. Department of Cultural Resources- State Historic Preservation Office *N.C. Department of Environment and Natural Resources (NCDENR)- Division of Water Quality *NCDENR- Wildlife Resources Commission *NCDENR- Division of Marine Fisheries *NCDENR- Division of Environmental Health *NCDENR- Natural Heritage Program VII. FINDING OF NO SIGNIFICANT IMPACT Based upon a study of the impacts of the proposed project, as documented in this Addendum, and upon comments received from federal, state, local agencies, it is the finding of the NCDOT that this project will not have a 10 significant adverse impact upon the human or natural environment. The project is not controversial from an environmental standpoint. No significant impacts to natural, social, ecological, cultural, or scenic resources are expected. The proposed project is consistent with local plans and will not disrupt any communities. The project has been extensively coordinated with federal, state, and local agencies. Therefore, neither an Environmental Impact Statement nor further environmental analysis is required. Additional information concerning this document can be obtained by contacting the Project Development and Environmental Analysis Branch: 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 (919) 733-3141 11 APPENDIX A FIGURES A Stumpy Dare County N 0 1 2 4 Miles N 0 250 500 1,000 Feet P7DpOfOs rn fte onr<D dr DIVISION OF HIGHWAYS fl3 Aipert Dr., fiCrmm~ XC, 17510 1oe5 STAtDARD IPEL7PfC17f0.Y3 REVISIOY DATE CLOY WILDS SEPTEMBER 1, 2D06 °i`"°r0.u~zec 3aru7uoa C. E. SIACHTA DM NV DY ADJACENT RIPARIAN PROPERTY a'INER: MARIETTA W.rRAiNOR PA.BOX 634 MANTEO,NC 27954 ADJACENT RIPARIAN PROPERTY OWNER: ROBERT MIDGETT !78 BAYVIEW DR. STUMPY POlNT,NC 27978 WLB ---~- WLB y 1 WLB ~~_I WLB ~ FJ x~;S r~ ~ ~ o "' ^ -+ z R:P RAP ~ N ~ ~~ U BULKHEAD ~_=-=WL6-~""_- ~~ ~ ~ WLB I 1 1 P!tOPO`..ED RI1J(ryY D t s' x xxr R/U'xAY 1 i f 6' X s' ~,u.An 1 I ~ db, ~ - I ( m 1 / 1 CY-50'-•-(1r-52'--r0-`-52 50' / 1 m \ 1 ~ I 1 0 ~ 1 aA ti 1 ,%, ~ 0 \ 1 . ~ ~ / Q1 I .7°:J S ~ ° ~ I PROPOSED PILES :2 ~ oa ~~ a 1 ~~ ~a i -i ~~ ~ ~ ° -- ;EXISTING/ FERRYf BASIN ~p -' ~ (300 X 350) z ~ m , m , o 1 ~ 1 0 - o , ,' 1 - o' ~~ a P -~ __ -- ~ ____ .~ - 5 - ~ 'y - o ~, o~ .~, , - - •.~ o -~ -' °~ ' ' S ° i~ •~ ° i~ '' ~ •~ ,- ~~ s 0~ i 0~ 6' 0~ i9 0~ Q O~ 'O 0~ o ~, o;~ ~D ~ o~ GRAPHIC `SCALES sxomr cv FEET 50 15 0 50 100 PLANS AGUACENT RIPARIAN PROPERTY Ok9NERS: CON6RE6ATION HOLINESS CHURCH STUMPY POINT NC USFWS PA.BOX f~9 YANTEO,NC X954 ..~ ~ ~,. 0` '... /Qpp~~`~D~~~ G 6~(~1~V~7~Sf C~~63~L~p~~7~G~9~C~ lP # R.3116J Stumpy Point Ferry Terminal Expansion Subject: TIP # R-3116) Stumpy Point Ferry Terminal Expansion Date: Fri, 14 Apr 2006 12:33:15 -0400 From: "Biddlecome, William J SAVV" <William.J.Biddlecome@saw02.usace.army.mil> To: <bsmyre@dot.state.nc.us> CC: "Gary Jordan" <Gary_Jordan@fws.gov>, "Wilson, Travis W." <travis.wilson@ncwildlife.org>, <brian.wrenn@ncmail.net>, "smtp-Sechler, Ron" <ron.sechler@noaa.gov>, "smtp-Winslow, Sara" <sara.winslow@ncmail.neb, <militscher.chris@epamail.epa.gov>, <Matthews.Kathy@epamail.epa.gov> Beth, I haven't had time to draft a letter concerning your February 23, 2006 scoping letter for the above project so this e-mail is acting as the official correspondence. The project as proposed would require an Individual Permit from the Corps of Engineers for the expansion of the basin by approximately .5 acres and the associated additional docking locations. Based on the information provided it appears jurisdictional wetlands maybe impacted by the project. Department of Army (DA) 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 wetlands in conjunction with this project. Additionally, the waters of the Pamlico Sound are Section 10 waters which would require a Section 10 permit pursuant to the River and Harbors Act of 1899. The individual permit I mentioned above would cover the activities for both Section 10 and 404. Environmental concerns with this project include the~destruction and filling of wetlands, the destruction of Submerged Aquatic vegetation (SAV's) and the associated impacts to Essential Fish Habitat (EFH). The Corp also agrees and supports the comments provided to you in letters from the U.S. Fish and Wildlife (FWS), North Carolina Wildlife Resources Commission (NCWRC), and the North Carolina Division of Water Quality (DWO) dated March 15, 2006, and March 22, 2006. All work related to Federal Endangered Species as required by Section 7 of the Endangered Species Act including copies of all correspondence and meeting minutes with NOAA Marine Fisheries Service and the US Fish and Wildlife Service associated with the project should be coordinated with this office. Additionally, work related to the Magnuson-Stevens Fishery Conservation Act coordinated through NOAA Marine Fisheries should be coordinated with this office also. I thank you for your time and cooperation. If you have questions, comments or require additional information, please contact me at (252) 975-1616, extension 26. Bill Biddlecome NCDOT Project Manager Washington Regulatory Field Office -, i i a nnr~ 1 t c 10 A] ;Fwd: TIP # R-3l 16J Stumpy Point Ferry Terminal Expansion) Subject: [Fwd: TIP # R-3116) Stumpy Point Ferry Terminal Expansion] Date: Mon, 17 Apr 2006 08:41:20 -0400 From: Ron Sechler <ron.sechler@noaa.gov> To: Beth Smyre <bsmyre@dot.state.nc.us> CC: Bill Biddlecome <William.).Biddlecome@usace.army.mil> Beth, Reference your February 23, 2006, scoping letter on the proposed expansion of the Stumpy Point Ferry Terminal. Based on the information provided, the National Marine Fisheries Service (NMFS) believes that habitat for federally managed species would be excavated or filled and that this new work would cumulatively add to the impacts that have already occurred at this site. Therefore, in order to fully evaluate these impacts, including indirect and cumulative impacts, NMFS recommends preparation of an essential fish habitat assessment for this work. Thank you for the opportunity to provide these comments early in the project planning process. Sincerely, Ron Sechler National Marine Fisheries Service Habitat Conservation Division 101 Pivers Island Road Beaufort, North Carolina 28516 Phone: 252-728-5090 Fax: 252-728-8728 Email: ron.sechler@noaa.gov Subject: TIP # R-3116) Stumpy Point Ferry Terminal Expansion Date: Fri, 14 Apr 2006 12:33:15 -0400 From: "Biddlecome, William J SAW" <William.J.Biddlecome@saw02.usace.army.mil> To: bsmyre@dot.state.nc.us CC: Gary Jordan <Gary_Jordan@fws.gov>, "Wilson, Travis W." <travis.wilson@ncwildlife.org>, brian.wrenn@ncmail.net, "smtp-Sechler, Ron" <ron.sechler@noaa.gov>, "smtp-Winslow, Sara" <sara.winslow@ncmail.net>, militscher.chris@epamail.epa.gov, Matthews.Kathy@epamail.epa.gov Beth, Qiannr~ 17_:49 P ~.E G ~,~ G United States llepartment of the Interior FISH AND WILDLIFE SERVICt: Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 March 1 ~, 2006 Gregory J. Thorpe, Ph.D. North Carolina Department of Transportation Project Development and Environmental Analysis 1548 Mail Service Center Raleigh, North Carolina 27699-1548 Dear Dr. Thorpe: ~ MQR ~~;~ ~j This letter is in response to your request for comments from the U.S. Fish and Wildlife Service (Service) on the potential environmental effects of the proposed expansion of the Stumpy Point Ferry Terminal in Dare County, North Carolina (TIP No. R-3116J). These comments provide scoping information in accordance with provisions of the Fish and Wildlife Coordination Act (16 U.S.C. 661-667d) and section 7 ol'the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. 1531-1543). According to the infom~ation provided, the North Carolina Department of Transportation (NCDOT) proposes to expand [he existing ferry basin by dredging an area approximately 60 feet by 350 feet and ridding hvo additional docking locations. During a Niarch 14, 2006 telephone conversation, Mr. Clay ~.\`illis of NCDOT stated to Nir. Gary Jordan of the Service, that the adjacent Stumpy Point Wetland ,~liti~ation Site vv~ould not be affected by this project. Mr. Willis also stated that a submerged aquatic vegetation survey would be conducted at the project site. We believe that this is prudent. Section 7(a)(2) of the Endangered Species Act requires that all federal action agencies (or their designated non-federal representatives), in consultation with the Service, insure that any action federally authorized, funded, or carried out by such agencies is not likely to jeopardize the continued existence of any federally-listed threatened or endangered species. A biological assessment/evalttation tray be prepared to fultill'tl~e section 7(a)(2) requirement and will expedite the consultation process. To assist you, acounty- by-county list of federally protected species known to occur in North Carolina and information on their life histories and habitats can be found on our web page at http //nc-es tLvs ~~ov/es/countyfr.html . .r~, ~~---~' - ~~•-- *' ' ' i ~t P "sICNHP) database indicates an occurrcrcc of the fed rall'y' ~~~ ~~~„~~ ~.a~c~~~.u ,.atura~ . cn age rogram ~, endangered West Indian manatee (Trichechus manatus) near the project area. To minimize the potential for adverse effects to this species, we recommend that the Service's GUIDELINES FOR AVOIDING 1~'IPACTS TO THE WEST INDIAN MANATEE: Precautionary Measures for Construction Activities in North Carolina Waters be implemented as part of the project. These guidelines can be found at http•/Mc es fws g_ov/mammal/manatee ~uidelines.pdf . If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely to adversely affect) a listed species, you should notify this office with your determination, the results of your surveys, survey methodologies, and an analysis of the effects of the action on listed species, including i unsideration of direct, indirect, and cumulative effects, before conducting any activities that might affect the species. if you determine that the proposed action will have no effect (i.e., no beneficial or adverse, director indirect effect) on listed species, then you are not required to contact our office for concurrence. We reserve the right to review any federal permits that may be required for this project, at the public notice stage. 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 this project include the following in sufficient detail to facilitate a thorough review of the action: 1. A clearly defined and detailed purpose and need for the proposed project; 2. A descriptio~i of the proposed action with an analysis of all alternatives being considered; 3. A description of the fish and wildlife resources, and their habitats, within the project impact area that may be directly or indirectly affected; 4. The extent and acreage of waters of the U.S. that are to be impacted by filling, dredging, clearing, ditching, or draining. Acres of wetland impact should be differentiated by habitat type based on the wetland classification scheme of the National Wetlands Inventory (NVdI). ~`/etland boundaries should be determined by using the 1987 Corps of Engineers Wetlands Delineation Manual and verified by the U.S. Army Corps of Engineers; 5. Tlie 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 construction techniques which would be employed to avoid or minimize impacts to fish and wildlife resources, both direct and indirect; 7. If unavoidable wetland impacts are proposed, project planning should include a compensatory mitigation plan for offsetting the unavoidable impacts. The Service appreciates the opportunity to comment on this project. Please continue to advise us during tl~e progression of the planning process, including your official determination of the impacts of this project. If you have any questions regarding our response, please contact Mr. Gary Jordan at (919) 856- 4520, ext. 32. Sincerely, + f .' i `/1r.,,, Pete Benjamin Ecological Services Supervisor cc: Bill Biddlecome, USACE, Washington, NC Brian Wrenn, NCDWQ, Raleigh, NC Travis Wilson, NCWRC, Creedmoor, NC Chris Militscher, USEPA, Raleigh, NC John Sullivan, FHwA, Raleigh, NC p~p~ W A T~9~G r >_ -1 ~ ~ MEMORANDUM 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 March 22, 2006 To: Melba McGee, Environmental Coordinator, Office of Legislative and Affairs From: Brian L. Wrenn, Transportation Permitting Unit, NCDWQ _. `' ~ `f,~ oO~ ~ L, r.::~ Overnm ~ Q, r~7 ~~ ~~~~~~ z~ ~~° Subject: Request for Scoping Comments for the Proposed Expansion of the Stumpy Point Ferry Terminal in Dare County, TIP Project No. R-3116J, WBS 34525, State Clearinghouse Project No. 06-0259. This office has reviewed the referenced document. The Division of Water Quality (DWQ) is responsible for the issuance of the Section 401 Water Quality Certification for activities that impact Waters of the U.S., including wetlands. Based on a preliminary review of the project study area, DWQ has the followin comments: Stream/Surface Water River Basin Classification Stream Index No. Stumvv Point Bay Pas uotank SA; H W 30-22-8 Project Specific Comments: 1. Stumpy Point Bay is class SA; HQW waters of the State. This is one of the highest quality water systems in the State and an important nursery area and shellfish habitat. Any land disturbing activities in this area should meet the requirements of Design Standards in Sensitive Watersheds (15A NCAC 04B .0124). In addition, if a state storm water permit is required, the storm water plan must meet the requirements for HQW in 15A NCAC 02H .1006. 2. Dredged material from this=project should be properly disposed of in approved spoil disposal sites. Proper sediment and erosion control measures should be in place to prevent water quality standard violations due to storm water runoff from these sites. 3. Submerged aquatic vegetation (SAV) surveys should be conducted prior to dredging. Impacts to SAV populations should be avoided and minimized to the maximum extent possible. Any direct impacts to SAV populations may require mitigation through preservation, enhancement or restoration activities. NCDOT should develop and submit a mitigation plan for any impacts to SAVs as part of the 401 Water Quality Certification. 4. Preliminary review of the areas adjacent to the existing terminal appear to be wetlands and are most likely areas of environmental concern (AECs). The proposed docking sites should not impact wetlands. General Comments: 1. In accordance with the Environmental Management Commission's Rules { 15A NCAC 2H.0506(b)(6)}, mitigation will be required for impacts of greater than 1501inear feet to any single perennial stream. In the event that mitigation is required, the mitigation plan should be designed to replace appropriate lost functions and values In accordance with the Environmental Manage N~~ J Transportation Permitting Unit 1650 Mail Service Center, Raleigh, North Caroline 27699.1650 2321 CrabUee Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919.733-1786 !FAX 919.733.6693 /Internet: htto~//h2o enr state nc us/ncwetlands An Eaual OooortuniN/Attirmative Action Employer - 50% Recydedll0% Post Consumer Paper • 03/22/2006 16:46 9195289839 PAGE 03 ~ •'~ ' c~Zo 21 ~8~y ~, 1 ~~ J1 7'.. ~A ~ C'~Y ~``~' 'I ~V~ .j; p• ~. ~ ~~ 1 _ . •4: ~ • ~ ~qp~ i~ 1. ..t ~~ .. Y i (~/ ~:• ~. ~ ~lolrth Calro~~laa W~~dli~e ~Zesouzces. Commilss~on.__ ® .., N1EM. ORANDUM Richard 1'3. Hamilton, l:,xecutive L~irectar TO: Melba McGcc Office of Legislative and Intcrgovemmental Affairs, DENR FROM.: Travis Wilson, Highway Project Coordinator ~ /, ~, ;~~~ Flabitat Con, servatton Program DATE: March 22, 2006 SUBJECT: Response to the start of study notification from the N. C. Departri~ent of Transportatiozt ((VCDOT) regarding fish and wildlife concerns for the proposal to expand the Emergency Ferry Terrztiual at Stumpy Point in Dare County, North Carolina. TIP No. R-3116J, SCH Project No. 06- 0259_ This memorandtun responds to a request from Gregory J. Tbozpe of the NCDOT for our concerns regardirigimpacts on fish and wildlife resources resulting from the subject project. Biologi's'ts on tb.e staff.. of th.e N. C. Wildlife Resources Commission (NGWRC) have reviewed the proposed improvements. Our comments are provided in accordance with certain 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; 1 C U.S.C. GGl-6G7d). NCDOT is proposing to expand the emergency ferry terminal at Stumpy Point. This proposal includes dredging an area approximately GO feet by 350 feet to enlarge the existing ferry basin. There is potential for the proposed dredge area to contain Submerged Aquatic Vegetation (SAV s). NCDOT should survey this area to determine the presence or absence of SAV's. NCDOT currently manages a mitigation site adjacent to the existing ferry terminal. Impact to this mitigation sift should be avoided. To help facilitate document preparation. anal the review process, our general informational needs are outlined below: 1. Descziption, of .ftsh.ery and wildlife resources within the project area, including a listing of federally or state designated threatened, endangered, or special concern species. Potential borrow areas to be used fez protect construction should be included in the inventories. A listing of designated plant species can be developed through. consultation with: The Natural liezitage Program 03/22/2006 16:46 9195289839 Men,o PAGE 04 2 March 22, 2006 N. C. Division of Parks and Recreation 1615 Mail Service Center Raleigh, N. C. 27699-1615 (919)733-7795 WWW ncs~~, s nct/nhn and, NCDA Plant Conservation Program P. O. Box 27647 Raleigh, N. C. 27611 (9l9) 733-3610 2. Description of any streams or wetlands affected by the project. The need .for. channeli~in~ or relocating portions of streams crossed and tb.e extent of such actlvitlcs. 3. Cover type maps showing wetland acreages impacted by tre project. Wetland acreages should include all project-related areas that may undergo hydrologic change as a result of ditching, other drainage, or filling for project construction. Wetland identification rna~y be . accomplished through coordination with the U. S. Arn1Y Corps of. Engineers (COE). If the COE is not consulted, the person delineating wetlands should be identified and criteria listed. 4. Cover type maps showing acreages of upland wildlife habitat impacted by the proposed project. Potential borrow sites sk-ould be included. S. The extent to which the project will result in loss, degradation, or fragmentation of wildlife habitat (wctland,5 or uplands). 6. Mitigation for avoiding, m.in,imizing or compensating for direct and indirect degradation~ii~,habitat quality as well as quantitative losses. 7. A cumulative impact assessment section which analyzes the environmental effects of highway construction and quantifies the contribution of this ' individual project to environmental degradation. 8. A discu secondahedevelopmettt fac 1 tated by the mproved road accesssult from rY 9. 1.f construction of this facility is to be coordinated with other state, munieibbppal, or rivate development projects, a description of tb.ese projects shohouldc in le uded in tb.e environmental document, and all project sponsor., s be identified. 10. A msc~ is associpatcd with the disposal of the dredg~ material l' and any P Thank you for the opportunity to provide ileaselcontact m at (919) 52 89886 this project. If we can further assist your office, p. Cc: Bili Biddlecome, USACE Brian Wrenn, DWG pa Jordan, USFWS Cathy Brittingham, DCM NORTH CAROLINA STATE CLEARINGHOUSE DEPARTMENT OF ADMINISTRATION INTERGOVERNMENTAL REVIEW MS RENEE GLEDHILL-EARLEY CLEARINGHOUSE COORD DEPT OF CUL RESOURCES ARCHIVES-HISTORY BLDG - MSC 4617 ~{``'',. ~~: , ; ' ' RALEIGH NC ~" ~ rf°,. ' y ~r C ~J ~ 2Q~~ REVIEW DISTRIBUTION `: C `~~ ALBEMARLE REG PLANNING COMM DENR LEGISLATIVE AFFAIRS v '~V~'J N DEPT OF AGRICULTURE ~~ DEPT OF CUL RESOURCES `,F; I N T O ~~,y MANAGEMENT COASTAL OF ION DIVIS PROJECT INFORMATION APPLICANT: N.C. Dept. of Transportation , ,: , ti, ., ayg~ STATE NUMBER: 06-E-4220-025~~ FO1 DATE RECEIVE~~f+Q2~F,~e{,L~OO~~~r~ r~ . AGENCY RESPONSE: 03/23/2006 """~C REVIEW CLOSED: 03/28/2006 I l/ 1r ~ ry u ~`~ l ~ \ V~ ~ ~~w ~~; v ~ / ~~ ~1 l~ I V~ ,~ 1 ~~~ TYPE: State Environmental Policy Act ERD: Scoping DESC: Proposal to expand the Emergency Ferry Terminal at Stumpy Point. This entails dredging an area approximately 60 ft by 350 ft and adding two additional docking locations. TIP R-3116) CROSS-REFERENCE NUMBER: 02-E-4220-0412 The attached project has been submitted to the N. C. State Clearinghouse for intergovernmental review. Please review and submit your response by the above indicated date to 1301 Mail Service Center, Raleigh NC 27699-1301. If additional review time is needed, please contact this office at (919)807-2425. AS A RESULT OF THIS REVIEW THE FOLLOWING IS SUBMITTED: NO COMMENT CO NTS ATTACHED SIGNED BY: DATE : ~ ''~~~`"~/~D i ~7 ~ ~ J ~ 2006 03/31/2006 12:48 9197153060 NCDENR PAGE 02/04 NC Depaztmczit of Environment and Natural Resources Division of Mazinc Fisheries Sara Winslow 06-0259 Expansion of the Emergeitc~ Ferry Tormi~nal at Sttunpy P4ant Work/dredging -conducted at any time inside turbidity curtains. if not, dredging moratorium in effect February 15 ~ October 31. 03/31/2006 12:48 9197153060 NCDENR PAGE 03/04 ~.- .. ,f~oject # ~~ pEPARTMENT OF ENVIReDNM1rNT AND ~ -:: p~_0259 NATURAfI_ RESOURCES ~ ~~-- DIVISION OF ENVIRONMENTAL HEALTkI ;., ,., ; ,.~,IJ D ~ Inter-Agenoy Project Review Rbspopee _ , y Type ofi Proj~~t' . . ~~"^~^~Ai-tcnand the Project Name: NG DQ FrnrrePncv FG17Y TCxmltl~l at S~3' Point. Comment6 provided by: Regional Program Person a Regional Supervisor for Public Water Supply Section pQntral Office program n Name' Fred Hill - Washingt n e phone #: 52 846- 1 Qate Rev d~~ 3/21/86 Program within Division of EnvlronmQntal Health: a Public Wator Supply Other, Name of Program Response (check all applicable): No ob)ection to project as proposed Nq comment Insufficient Information to complete review Comments attached a See comments below No water supply wells are located in the immediate vicinity of the proposed project; therefore this office hse ho objections. Plans ettd specifications must be submitted to, and approved by, the Public Water 5uppty Section Flan Review unit ptioC to the irl3taUation or relocation of any potable water lines associated with this project. Please contact Dare County Water Department (lien Flatt, Director) at 252.x75.5606 to verify locatioes and availability of potable water tines for the project. Retum to Public Water Supply S~ctlon Envlronrnental Review Coordinator for the Division of Environmental Health 03/31/2006 12:48 9197153060 NCDENR PAGE 04/0' pEPARTMENT OF ENVIRONMENT AND NATURAL RIySOURCES DIVISION OF ENVIRONMENTAL HEALTH Inter-Agency Protect Review RcSponae Project Name NC DOS' Project Number 06-0259 _ County Dare Type of Project Prooosat to ea~and the >~s±~r¢enev FerN Tee i~a_t Stutn Fofnt. The applicant should be advfsed that plans and specifications for atl water system improvements must be approved by the Division of Environmental. Health prior to the award of a contract or the Initiation of construction {e9 required by 15A NCAC it3C .0300et. seq.). For informgtion, Contact thA Public Water Supply Section, (919) 733-2321. [] This project will be classified as anon-community public water supply and must comply with state and federal drinking water monitoring requirements. For more information the applicant should contact the Public Water Supply Section, (919) 733-2321. ^ If this project is constructed as proposed, we will recommend closure of __ feat of adjacent waters co the harvest of shtallfish. For information regarding the sholffish sanitation program, the applicant should contact the Shellfish Sanitation Svctlon at (252} 726-6827. ' ^ The soil disposal area{s) proposed for this project may produce a mosquito breeding problem. For information concerning appropriate mosquito control measures, the applicant should contact the Public Hearth Pest Management Section 8t (919) 73$-6407• ^ The applicant should be advised that prior t4 the removal or dernolltion of dilapidated structures, a extensive rodent control program may be necessary in order to prevent the migration of the rodents to adjacent arotas.. For information concerning rodent control, contact the Local health department or the Public Health Pest Management Section at (919) 733-6407. ^ Ths >appllcant should be gdvlsed to contact th• local health department regarding their requirements for septic tank {nstallations (as required under 15A NCAC 1 SA. 1900 et. sap.). For Iniormatlgn concerning septic tank and other on-sits waste disposal methods, contact the On-Site Wastewater Section at (919) 733-2ti95. ^ The applicant should be advised to contact the local health department regarding the sanitary facilities r@quired for this project. If existing water lines will be relocated during the construction, plans tqr the water line relocation must be submitted to the Division of Environmental Health, Public Water Supply Section, Technical Services Branch, 1634 Maail Service Center, Raleigh, North Carolina3 27699-1634, {919} 733-2321 ® For Regional and Central Office comments, see the reverse side of this form. Jim McRight PWSS 0317/06 i2eviewQr 3ectlonll3ranch Date 5~~PwslAnpela WICltaaringhouselReview Response P9s 1 end Z for itlput.dOC \~ • ~ f .. NCDENR ~. , z"~,~ iti ~ n _\ F~- North Carolina Department of Environment and Natural Resources-' r ~' - ~:.~s ,;' {y ; - ice, Michael F. Easley, Governor April 3, 2006 MEMORANDUM William G. Ross Jr., Secret~ai3r~ ~ ` TO: Gregory J. Thorpe, DOT Project Development and Environmental Analysis /~ L-. FROM: Harry LeGrand, Natural Heritage Program SUBJECT: Stumpy Point Ferry Terminal Expansion; Dare County REFERENCE: WBS 34525, TIP Project R-3116) The Natural Heritage Program has no record of rare species, significant natural communities, or priority natural areas at the immediate site. An island, apparently a dredge island, just to the east of the two channels has been a site of nesting by terns in 1983 and earlier. However, more recent colonial waterbird surveys, including 2004, have failed to find birds nesting on the island. However, assuming that the island is still present, it is important that the island be checked for nesting by colonial waterbirds. If birds are present, the N.C. Wildlife Resources Commission should be notified (contact is Sue Cameron at <cameronsnn coastalnet.com> to determine how the project should proceed in regard to potential impacts to the island and the birds. You may wish to check the Natural Heritage Program database website at <www ncsparks net/nh~/search.html> for a listing of rare plants and animals and significant natural communities in the county and on the toyographic quad map. Please do not hesitate to contact me at 919-715-8697 if you have questions or need further information. 1601 I~la7 Service Center, Raleigh, North Carolina 27699-1601 NO~1CaIOllna _ _ , - ......n i_~.....nl• unmu enr clefs nI• nc A ~/. _ `;~ 1 ~' ~~ ~~~ ---- - NCDENR ~°s9~~s.~T~~~~~o ~~ North Carolina Department of Environment and Natural Resources ~~~G~9<<~ ~~ ~O~ Division of Coastal Management ~~'~ Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary~~y NIENIORANDUIVI TO: Sara Winslow, N.C. Division of Marine Fisheries Travis Wilson, N.C. Wildlife Resources Commission .. Bill Biddlecome, U.S. Army Cotes of Engineers Garcy Ward, N.C. Division of Water Quality - 401/Wetlands Unit David Wainwright, N.C. Division of Water Quality - 401/Wetlands Unit Amy Franklin, N.C. Division of Water Quality - Stormwater Management Patti Fowler, N.C. Division of Environmental Health, Shellfish Sanitation CC: John Cece, Field Representative FROM: Cathy Brittingham, Transportation Project Coordinator DATE: November 13, 2006 SUI3JEC1': Request for a Minor Modification of LAMA Major Permit No. 38-02 to expand the existing Stumpy Point Ferry Basin, Dare County. APPLICANT: N.C. Department of Transportation Please indicate below your agency's position or viewpoint on the proposed permit modification and return this form to the N.C. Division of Coastal Management, Raleigh Office at 1638 Mail Service Center, Raleigh, NC 27699-1638 before December 4, 2006. If you have any questions regarding the proposed project, please contact Cathy Brittingham at (919) 733-2293 x238 or John Cece 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 memo. Signed Date 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293 \ FAX: 919-733-1495 \ Internet: www.nccoastalmanagement.net An Equal Opportunity \ At(irmative Action Employer - 50% Recycled \ 10°% Post Consumer Paper e a. STAY °~ r ~. ~.~~~,. S"I'A1'F OH NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICIIAEI F. EASLEY LYNDO "fIPPE"f"1' GOVERNOR SECRETARY ~w October 18, 2006 Cathy I3r•ittingham oc,~ 2 ~ 2006 Division of Coastal Management 1638 Mail Service Center Raleigh, NC 27699-16.38 f?IV. OF COASTAL MANAGEMENT F~ALEIGl-1 Dear Mrs. Brittingham, '['his letter is requesting a minor modification to Major Permit 38-02 for the expansion of the existing Stumpy Point Fer-y basin, which will allow two additional berthing areas in Dare County. The original dredging project covered under 38-02 included dredging a 100 ft. wide by 1400 ft. long state channel and a 350 ft. X 300 ft. turning basin, which totals 245,000 sy. ft. The proposed expansion is 60 ft. X 350 ft., which totals 21,00 sy. ft. "I'he proposed dredging project area is approximately 8.58 % of the original project area. This will allow the Stumpy Pt. to Rodanthe Ferry route the option of running six ferries during a cycle. Phis route currently can operate 4 terries, which would not be adequate for providing Hatteras Island transportation to Dare County mainland if the NC l2 corridor is disrupted for an extended time period. When Hurricane Isabel washed out NC 12 for over a month the Stumpy Pt. ferry route was used to capacity. In the event NC 12 is not passable for a long time period the additional two berthing areas will allow citizens of Iatteras Island a better chance to reduce impacts to their community. With the threats to NC 12 that currently exist NCUOT believes it is pnrdent to have the Stumpy Pt. ferry terminal able to handle transportation from Hatteras island to llare County mainland as adequately as possible. This project will require dredging an area that is 60 X 350ft. to a depth of 8 tt. The proposed dredged area is located on the north end of the existing ferry basin. The proposed dredge area currently ranges in depth from 2 - 3.5 ft. The proposed depth of 8 ft. will allow enough depth For the ferries to operate safely in and maintain a consistent depth with the state and federal channels that provide access to the deeper waters of the Pamlico Sound. This dredging project will create between 3000-4000 cubic yards of dredge spoil A survey for SAV's was conducted in the project area by [wo divers and one person using a rake, no SAV's were found. NCDOT conducted an Essential Fish Habitat Assessment, which concluded that do to the small size of the work area no significant impacts to Essential Fish Habitat would occur. The Essential Fish Habitat report was sent to Ron Sechter with the National Marine Fisheries on August 29, 2006. There will not be fill impacts to wetlands or surface waters from this project. All the dredge spoil material will be placed at the COF., dredge spoil site located on t}re U.S.F.W.S. property located south of Stumpy Point Bay. This will be done by using a lift pump and several thousand feet of pipeline to transfer the material into the containment basin. The U.S.F.W. S will be coordinated with through a special use permit to allow this activity. The two berthing areas will be accessed by an elevated walkway that will consist of two sections. The main section will be 6 ft X 100 ft. with two tinger walkways that will be 6 ft. X 25 ft. as shown on the provided work plat. These walkways will be made from salt treated wood and pilings. The walkway and finger piers will be located over the water except were the landing ties to land. There will be 6 new pile clusters for the berthing areas. These pile clusters will be made of salt treated wood pilings with 9 -- 19 piles in each cluster. A 10-inch pile surface area is 0.54 sq. ft. If a pile cluster uses 113 Airport Dr., Suite 100, Edenton, NC 27932 -Phone: (252) 482-7977 Fax: (252) 482-8722 19 piles the total surface area is 10.26-sq. ft. Therefore, six new pile clusters could potentially impact 6 l .56-sq. ft. of bottom area. These piles will be driven using a vibratory hammer. The Ferry Division anticipates completing this project prior to February 15 of 2007, before any in- water work moratoriums would be required. This will allow the Stumpy Point to Rodanthe ferry route to be me much more effective in the event of an active 2007 hurricane season. Along with this request for a minor modification to DCM permit 38-02 NCD01' is applying for a COE permit, 401 certification fmm the DWQ and a Special Use Permit from the U.S. Fish and Wildlife Service. Included with this request. is a copy of the addendum to the State Environmental Assessment/Pinding of No Significant Impact, MP forms permit drawings, vicinity maps, and aerial photograph. NCDOT appreciates your efforts in this project. if you need any further information or clarification, please contact Clay Willis at 252-482-7977. Sincerely, .lack Cahoon NCDOT Fetry Director Clav Willis ~~ ~~~ Division One EnJi"ronmental Officer Cc: John CeCe, DCM Garcy Ward, DWQ Gary Jordan, USFWS Travis Wilson, NCWRC Sara Winslow, NCDMF Ron Sechler, NMFS Dennis Stuart, USFWS Jack Cahoon, NCDO"f- Ferry Division 113 Airport Dr., Suite 100, Edenton, NC 27932 -Phone: (252) 482-7977 Fax: (252) 482-8722 Stumpy Pont, Dare County ,. ~, ,- 1 I ~~ 1 Project Location c`~ I N' I ~~ pKU,I'r n n I 1 I I - I 1 ,.Y~ .,~ ~~ YWMVY IUIM In'~ ~'\, `,;.~ ,,.. P A M L .vrerr r•./.1 ,% T A Is I 1 1 1. \ ,.. I 4 F 1. Y r~ 1 1 1 I .~' ~ 1 11 .4 U S 1 11 1' 1 L w. w.i .~.1 1 1 Y t I I iY cna st.+~ ,r r,. 1 1 . r s# I /: ~ i ~/ 1 ~ .) ,Y i N Stumpy Point Ferry Terminal, Dare County ~~ Stumpy Point Ferry Project I7ar~ ~ni ~ntv N 0 0.25 0.5 1 Miles i i I. Form DCM-MP-1 c. Street address or secondary road number SR 1164 Los Storase Road 1. APPLICANT d. Is proposed work within city limits or planning jurisdiction? Yes X No a. Landowner: e. Name of body of water nearest project (e.g. river, Name N. C. Department of Transportation creek, sound, bay) Stumpy Pt. Bay -Pamlico Sound, Address 113 Airport Road 3. DESCRIPTION AND PLANNED USE City Edenton State N.C. OF PROPOSED PROJECT lip 27932 Day Phone (252) 482-7977 Fax (252) 482-8722 a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and b. Authorized Agent: excavation and/or filling activities.) Proiect involves the expansion of the existing Name Clav Willis, Environmental Officer Stumpy Pt. ferry basin by 60 feet to the north. This will involve dredsing an area that is 60 X 350 ft. to a depth of 8 ft., which will be continuous to Address 113 Airport Road the 8 ft. depth of the existins ferry basin and state channel that connects to the federal channel. City Edenton State N.C. There will be 6 dolphins installed with 9-19 piles in each dolphin. There will be an access pier that consist of one 6 ft. X 100 ft. section and two finser lip 27932 Day Photie (252) 482-7977 piers that are 6 ft. X 25 ft. as shown on the permit drawinss. All pilinss and deck structures will be Fax (252) 482-8722 made from salt treated lumber. c. Project name (if any) Stumpy Point Ferry Expansion b. Is the proposed activity maintenance of an existing project, new work, or both? New work NOTF,: Permit will be issued rn name of landowner(s), and/or project name. 2. LOCATION OF PROPOSED PROJECT a. County Dare b. City, town, community or landmark Stumpy Point Will the project be for public, private or commercial use? public d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach additional pages. The purpose of this Proiect is to provided transportation from Hatteras Island to Dare County mainland in the event NC 12 connectivity is disrupted for extended time periods. The Stumpy Pt. to Rodanthe Ferry route will be able to .run six ferries in a cycle. The Proiect will be constructed by dredsinn a 60 X 350 ft. area. The dredse spoil will be placed in the COE dredne spoil site located on the U.S.F.W.S. property. All work will be done in accordance with major uo,,:~oa mroc Stumpy Point Ferry Project Dare County N 0 0.25 0.5 1 Miles permit 38-02. 4. LAND AND WATER CHARACTERISTICS a. Sire old entire tract The total project area is 3.6 acres. b. Size of individual lot(s) N/A c. Approximate elevation of tract above MIIW or NWL ranges from 0.4 to 7 feet d. Soil type(s) and texture(s) of tract 1PsB)-Psamments -spoil material e. Vegetation on tract Various roadside Brasses such as fescue, centipede and pauic grass. Phragmites & Black Needlerush adiacent to bank. f. Man-made features now on tract Existing ferry. terminal and SR 1164. g. What is the CAMA Land Use Plan land classification of the site? (Consult the local land use plnn.) Conservation Transitional Developed Community Mural X Other h. Ilow is the tract zoned by local government'? NCDOT Property i. Is the proposed project consistent with the applicable zoning? X Yes No (Attach zoning compliance certificate, if npplicnble) j. Nas a professional archaeological assessment been done for the tract? Yes X No If yes, by whom? k. Is the project located in a National Registered Historic District or does it involve a National Regrister listed or eligible property? Yes X No 1. Are there wetlands on the site? X Yes _ No Coastal (marsh) X Other X If yes, has a delineation been conducted? yes (Attach documentatiai, if available) m. Describe existing wastewater treatment facilities. None n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges.) None o. Describe existing drinking water supply source. None 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 cant' out the project. • An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale in black ink on an 8 I/2" by 11" white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue-line prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the site. Include highway or secondary road (SR) numbers, landmarks, and the like. •A Stormwater Certification, if one is necessary. •A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the Form DCM-MP-1 proposed project to the Division of Coastal Management. Upon signing this form, the applicant further certifies that such notice has been provided. Name U.S. Fish and Wildlife Service Address P.O. Box 1969 Manteo NC 27954 Phone _ __ Name Robert Midgette Address 178 Bay View Drive Stumpy Point, NC 27978 Phone Name Marietta W. Trainor Address P.O. Box 634 Manteo, NC 27954 Phone • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. None • A check for $250 made payable to the Department of F,nvironment, Health, and Natural Resources (DEh1NR) 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. Phis is the 23th day of October , 20 06 Print Name Clay Willis 'r , Signature IM~-' Landowner or Au rized Agent Please indicate attachments pertaining to your proposed project. X DCM MP-2 Excavation and Fill Information DCM MP-3 Upland Development X DCM MP-4 Structures Information DCM MP-5 Bridges and Culverts DCM MP-6 Marina Development NOTE: Please sign and date each attachment in the space provided at the bottom of each. form. Revised 03/95 Form DCM-MP-2 EXCAVATION AND FILL (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form llCM-MP-1. I3e 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 F,xisting Project Length Width Depth Depth Access channel (MLW) or (N W L) Canal Boat basin Boat ramp Kock groin Rock breakwater Other (Excluding shoreline stabilization) 350 ft. 160 ft. 12-3.5 ft I 8ft. 1. EXCAVATI01~1 a. Amount of material to be excavated. from below MIIW or NWL in cubic yards approximately 3 000 - 4 000 b. Type of material to be excavated muck clay and sand c. lloes the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? _ Yes X No d. IIigh ground excavation in cubic yards None 2. DISPOSAL OF EXCAVATEll MA'T'ERIAL a. Location of disposal area COE dredge spoil site located 1.5 miles south of Ferry terminal on the U.S. F.W. S. property. b. Dimensions of disposal area 2,700 ft. X 1,000 ft. c. Do you claim title to disposal area? Yes X No If no, attach a letter ganting permission from the owner. U.S. F.W.S. will grant permission through a special use permit. d. Will the disposal area be available for future maintenance? X Yes _ No If yes, where? Rnvica`I OZ/OC Form DCM-MP-2 ATI~N ~CAV E AND FILL (Except bridges and culverts) 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. SHORELINF, STABILIZATION NONE a. 'Type of shoreline stabilization Bulkhead ,Riprap b. Length c. Average distance waterward of MHW or NWL b d. Maximum distance waterward of MHW or NWL e. Shoreline erosion during preceding 12 months 4. OTHER FILL ACTIVITIES None (F,xcluding Shoreline Stabilization) a. Will fill material be brought to site? Yes No If yes, (1) Amount of material to be placed in the water. (2) Dimensions of fill area (3) Purpose of fill Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? Yes No If yes, (1) Dimensions of fill area (Source of information) f. Type of bulkhead or riprap material (2) Purpose of fi 5. GENERAL g. Amount of fill in cubic yards to be placed below water level (1) Riprap (2) Bulkhead backfill h. Type of fill material i. Source of fill material a. How will excavated or fill material bo kept on site and erosion controlled? Dredged material will be transferred to spoil site by means of pipeline. The dredge spoil site is contained by dikes. b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? Ferry Dredge, a bulldozer will be used as needed_ to move material in the diked in spoil site. uP.,:~Pa nzioc Form DCM-MP-2 c. Will wetlands be crossed in transporting equipment to project site? X Yes T No If yes, explain steps that will be taken to lessen environmental impacts. The dredge pipeline will be pulled across wetlands by a light weight track machine designed specifically for this type of application. This is the same location that the COE uses during their maintenance dredging of the federal channel. There is no clearing or grubbing involved in this work, The aerial photo included shows the location of the pipeline. Clay Willis, Environmental Officer Applicant or Project Name ~, Signature i o ~ ~ ~(O Date ua.,:~aa mioc Form DCM-MP-4 STRUCTURES (Construction within Public Trust Areas) 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 which relate to this proposed project. a. Dock(s) and/or Pier(s) (1) X Commercial -Community Private (2) Number 1 (3) Length 100 ft. (4) Width 6 ft. (5) Finger Piers X Yes No (i) Number 2 (ii) Length 25 ft. (iii) Width 6 ft. (C) Platform(s) -Yes X No (i) Number (ii) Length (iii) Width (7) Number of slips proposed 2 (8) Proximity of structure to adjacent riparian property lines approximately 400 ft. to N and 170 ft. to S (9) Width of water body > 1,000 ft. (10) Water depth at waterward end of pier at MLW or NWL existing is approximately 2.5 ft. and the proposed depth is 8 ft. b. Boathouse (including covered lifts) NONE (1) Commercial Private (2) Length (3) Width c. Groin (e.g. wood, sheetpile, etc.) NONE (1) Number (2) Length(s) d. Breakwater (e.g. wood, sheetpile, etc.) NONF, (1) Length (2) Average distance from MHW, NWL or wetlands (3) Maximum distance beyond MHW, NWL or wetlands ___ e. Mooring buoys NONE (1) _ Commercial --Community _ Private (2) Number (3) Description of buoy (Color, inscription, size, anchor, etc.) (4) (5) to be placed beyond f. Mooring structure (boatlill, mooring pilings, etc.) (1) X Commercial -Community _ Private (2) Number 6 dolphin Structures (3) Length 50 ft. pilings (4) Width piling dolphins will be approximately 6-10 ft. in diameter g. Other (Give complete description) ~~~~( ~ Applicant or Protect me Signature ~ /D~ 348 - Date Width. of water body Distance buoy(s) shoreline uP.~~Pa n~t45 STUMPY POINT BAY EMERGENCY FERRY TERMINAL SR 1164 (Log Storage Road) Dare County WBS Element 34525.1.12 TIP PROJECT R-3116) ADMINISTRATIVE ACTION ADDENDUM TO THE STATE ENVIRONMENTAL ASSESSMENT/ FINDING OF NO SIGNIFICANT IMPACT N.C. DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS AND FERRY DIVISION In Compliance with the North Carolina Environmental Policy Act OF NpRit1 C4N ~ 7 'k O ? o J C 9,P~ ~~a ~~tiT Or TRAN`'QO APPROVED: Date Gregory ]. Thorpe, Ph.D., Environmental Management Director Project Development and Environmental Analysis Branch, NCDOT TABLE OF CONTENTS I. SUMMARY ..........................................................................................1 A. Description of Action .............................................................................1 B. Alternatives Considered .........................................................................1 C. NCDOT Recommended Alternative ......................................................... 2 D. Coordination .........................................................................................2 E. Summary of Beneficial and Adverse Impacts ...........................................2 F. Actions Required By Other Agencies .......................................................2 G. Additional Information ...........................................................................3 H. Finding of No Significant Impact ............................................................3 II. PURPOSE AND NEED FOR THE PROPOSED PRO]ECT ........................4 III. ALTERNATIVES ..................................................................................4 A. Alternatives Eliminated From Consideration ............................................4 B. Recommended Alternative .....................................................................4 C. Disposal of Dredge Material ...................................................................5 IV. SOCIOECONOMIC ENVIRONMENT ....................................................5 A. Cultural Resources ................................................................................5 V. NATURAL RESOURCES .......................................................................5 A. Anticipated Impacts to Biotic Communities .............................................6 B. Permits .................................................................................................6 C. Rare and Protected Species ...................................................................7 VI. COMMENTS AND COORDINATION ..................................................10 VII.FINDING OF NO SIGNIFICANT IMPACT ..........................................10 TABLES Table 1. Federally-Protected Species for Dare County ............................9 APPENDICES A. Figures B. Agency Correspondence PRO]ECT COMMITMENTS STUMPY POINT BAY EMERGENCY FERRY TERMINAL SR 1164 (Log Storage Road) Dare County WBS Element 34525.1.12 TIP PRO]ECT R-3116) The following commitments were included in the original State Environmental Assessment/ Finding of No Significant Impact, published in 2002. Any changes or additions to these commitments are listed in ita/ics Highway Division 1/ Ferrv Division 1. A Special Use Permit is required with the Alligator River National Wildlife Refuge for the use of their spoil storage site. 2. The following environmental permits will be required: • CAMA Major Development Permit- NCDENR, Division of Coastal Management • Individual Permit (Sections 10 and 404)- US Army Corps of Engineers • 401 Water Quality Certification- NCDENR, Division of Water Quality • Stormwater Management Plan Permit- NCDENR, Division of Water Quality 3. NCDOT will coordinate with the Division of Marine Fisheries regarding seasonal construction moratoriums. 4. All construction work will be performed outside the limits of the adjacent Stumpy Point wetland mitigation site. 5 . NCDOT should adhere to "Guidelines for A voiding Impacts to the West Indian Manatee: Precautionary Measures for Construction Activities in North Carolina Waters"for this project. 6. NCDOT's Design Standards in Sensitive Watersheds will be implemented. Proiect Development and Environmental Analysis Branch (PDEA) 7. A general submerged aquatic vegetation (SAV) search will be conducted by the Division of Marine Fisheries prior to construction. The need for additional surveys will be determined at that time. NCDOT has completed a SA V survey in the study area; no SA V were found. 8. The need for underwater archaeology studies is pending. Once a determination is made, NCDOT will complete any studies prior to construction. R-3116] State EA/ FONSI Addendum Page 1 of 2 September 2006 PRO]ECT COMMITMENTS NCDOT has coordinated with the O>fce of State Archaeology; it was determined that no underwater archaeology studies are warranted for this project. However, dredging work will cease and the OSA will be notified immediate/y if any potential artifacts are located during construction. 9. NCDOT will coordinate with the US Fish and Wildlife Service regarding all "May Affect, Not Likely to Adversely Affect"biological conclusions. 10. NCDOT will prepare an Essential Fish Habitat Assessment and coordinate with the National Marine Fisheries Service on this work. NCDOT conducted an Essential Fish Habitat Assessment in August 2006; no significant impacts to EFH are anticipated. R-3116] State EA/ FONSI Addendum Page 2 of 2 September 2006 STUMPY POINT BAY EMERGENCY FERRY TERMINAL SR 1164 (Log Storage Road) Dare County WBS Element 34525.1.12 TIP PRO]ECT R-3116) ADDENDUM TO THE STATE ENVIRONMENTAL ASSESSMENT/ FINDING OF NO SIGNIFICANT IMPACT Prepared by the Project Development and Environmental Analysis Branch North Carolina Department of Transportation I. SUMMARY This is a North Carolina State Administrative Action-Addendum to the Environmental Assessment/ Finding of No Significant Impact (SEA/FONSI) that was completed in February 2002. Unless otherwise noted, the impacts detailed in the original document have not changed. A. Description of Action The North Carolina Department of Transportation (NCDOT), Division of Highways and Ferry Division, proposes to expand the ferry basin originally dredged in 2002 as part of the ferry terminal construction project (Figure 1). The original project, as detailed in the 2002 SEA/FONSI, included the dredging of a 300-foot by 350-foot area to a depth of 8 feet for use as a turning basin, including two slips for the overnight storage of ferry vessels. The proposed work to be discussed in this Addendum would create space for two additional slips in the turning basin so that two additional vessels can be incorporated into the Stumpy Point-Rodanthe emergency route. B. Alternatives Considered NCDOT examined the possibility of providing additional berthing space at the Rodanthe terminal rather than at Stumpy Point Bay. However, expansion of the Rodanthe terminal would require extensive dredging in order to provide additional berthing spaces. Expansion of the Stumpy Point terminal to the south side of the existing turning basin was also considered; however, this alternative was not pursued as potential dredging would be required outside the boundaries of state owned property. C. NCDOT Recommended Alternative The Recommended Alternative consists of dredging an area approximately 60 feet by 350 feet on the north side of the existing dredged basin to a depth of eight feet (Figure 2). Following dredging activities, additional pile clusters will be installed to delineate the additional slips. An elevated walkway will be constructed to provide access to the two new slips. D. Coordination Several federal, state, and local agencies were contacted during the preparation of this Addendum. Copies of any correspondence can be found in Appendix A. E. Summary of Beneficial and Adverse Impacts • The dredging operations necessary to expand the turning basin could disturb important secondary nursery areas and other aquatic resources located in Stumpy Point Bay. The expansion of the turning basin will assist in evacuating citizens from the Outer Banks in a timely manner during an emergency situation by enabling NCDOT to utilize more vessels on the route. F. Actions Required By Other Agencies The proposed action will result in impacts to surface waters, jurisdictional wetlands and coastal resources. The North Carolina Coastal Management Act (CAMA) provides permitting reviews of impacts affecting Areas of Environmental Concern (AECs) in the designated coastal counties. Dare County is one of the counties under the CAMA review and as such, a CAMA Major Development Permit will be required. An Individual Permit issued by the U.S. Army Corps of Engineers (USAGE) will be required in order to comply with Section 10 of the River and Harbors Act of 1899 and Section 404 of the Clean Water Act of 1977, as amended. Section 401 of the Clean Water Act requires each state to certify that state water quality standards will not be violated for activities that involves issuance of a federal permit or license or require discharges to "Waters of the United States." Requirements of the Department of Natural Resources, Division of Water Quality for 401 certification will be required as part of the permit process to include written concurrence on the CAMA Major Development Permit and approval of a Stormwater Management Plan. 2 The spoil material resulting from the dredging operations in Stumpy Point Bay will be stored in a spoil storage site located approximately 7,000 feet south of the project in the Alligator River National Wildlife Refuge. The use of this site will require a Special Use Permit issued by officials at the Refuge. G. Additional Information Additional information concerning this Addendum can be obtained by contacting the Project Development and Environmental Analysis Branch. Mr. Gregory J. Thorpe, Ph.D., Manager Project Development and Environmental Analysis Branch North Carolina Department of Transportation 1548 Mail Service Center Raleigh, North Carolina 27699-1548 (919) 733-3141 H. Addendum to the State Environmental Assessment/ Finding of No Significant Impact Based upon the project as proposed in this report, and upon comments received from federal, state and local agencies, it is the finding of the North Carolina Department of Transportation that the project will not have a significant impact upon the human or natural environment. The proposed action will not have a significant adverse impact on air, noise, or water quality in Dare County. The proposed project is consistent with plans and goals that have been adopted by Dare County and the State of North Carolina. Therefore, an environmental impact statement or further environmental analysis will not be required. 3 II. PURPOSE AND NEED FOR THE PROPOSED PROJECT The existing Stumpy Point Bay Emergency Ferry Terminal was constructed with the purpose of providing an emergency connection from the Outer Banks to the mainland of North Carolina in the event that existing transportation services are disrupted. The constructed facility allows a total of four ferries to operate on the Stumpy Point to Rodanthe emergency route. The purpose of this project is to expand the ferry turning basin in order to increase the capacity of the existing facility. The proposed expansion would create two additional berthing slips that would enable the Ferry Division to operate a total of six ferry boats on the emergency Stumpy Point to Rodanthe route. The additional ferries would be critical in the event that NC 12 service is disrupted for extended time periods. III. ALTERNATIVES A. Alternatives Eliminated From Consideration NCDOT examined the possibility of providing additional berthing space at the Rodanthe terminal rather than at Stumpy Point Bay. However, expansion of the Rodanthe terminal would require extensive dredging in order to provide additional berthing spaces. Expansion of the Stumpy Point terminal to the south side of the existing turning basin was also considered; however, this alternative was not pursued as potential dredging would be required outside the boundaries of state owned property. B. Recommended Alternative The Recommended Alternative consists of dredging an area approximately 60 feet by 350 feet on the north side of the existing dredged basin (Figure 2). The area would be dredged to a depth of eight feet. Based on the average recorded depth within the study area, approximately 3,000 cubic yards of material will be excavated. Following dredging activities, additional pile clusters will be installed to denote the additional berthing slips. The additional slips will be used only to house ferry vessels while not in use; the loading and offloading of vehicles will continue to occur from the facilities already constructed. Upland development will include a 6-foot by 100-foot elevated main wooden walkway and two 6-foot by 25-foot finger walkways to access the vessels moored in the added slips (Figure 3). Construction of the walkways will occur outside of the limits of the adjacent wetland mitigation site. 4 C. Disposal of Dredge Material The NCDOT anticipates using a spoil disposal site located on property owned by the Alligator River National Wildlife Refuge (ARNWR). The disposal site is the same as was used during the dredging of the original access channel and turning basin. The ARNWR will require a special use permit for use of the disposal property. Disposal of the dredged material into the spoil site will be conducted in the same manner as in previous dredging operations. IV. SOCIOECONOMIC ENVIRONMENT The following section summarizes updates to the socioeconomic environmental studies conducted for the original SEA/FONSI in 2002. Unless otherwise noted, information regarding land use, transportation planning, socioeconomic data, and cultural resources has not changed since the original SEA/FONSI was published. A. Cultural Resources 1. Archaeology This project is subject to compliance with Section 106 of the National Historic Preservation Act of 1966, as amended, implemented by the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106, codified at Title 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 inclusion in the National Register of Historic Places, the Advisory Council on Historic Preservation be given the opportunity to comment. NCDOT consulted with the Office of State Archaeology (OSA) regarding potential archaeological sites in the proposed project area. OSA does consider the undertaking to be a major bottom disturbance. The probability of encountering significant underwater cultural resources is, however, low at this location. OSA recommended that NCDOT proceed with caution and requested immediate notification if any potential artifacts are encountered during construction. No additional investigation is warranted for this project. V. NATURAL RESOURCES The following section summarizes updates to the natural resource studies conducted for the original SEA/FONSI. Unless otherwise noted, information 5 regarding water resources, biotic communities, jurisdictional issues, and rare and protected species has not changed since the original SEA/FONSI was published. A. Anticipated Impacts to Biotic Communities 1. Terrestrial Communities Anticipated impacts to terrestrial communities are estimated based upon the proposed construction limits. The only terrestrial community to be impacted will be the disturbed area along the shore of Stumpy Point Bay; this area will have shading impacts due to construction of the wooden walkway, to be constructed on pilings (Figure 3). 2. Wetland Communities Wetlands subject to review under Section 404 of the Clean Water Act (33 U.S.C. 1344) are defined by the presence of three primary criteria: hydric soils, hydrophytic vegetation, and evidence of hydrology at or near the surface for a portion of the growing season. CAMA jurisdictional wetlands occur along the shoreline of Stumpy Point Bay. However, due to the limited construction activities included in this project, no wetland impacts are expected. During construction, Best Management Practices (BMP's), including erosion control measures will be used. Therefore, it is anticipated that expansion of the terminal will result in minimal impacts to surrounding surface waters. 3. Aquatic Communities Temporary impacts to aquatic species from increased sediment during construction are expected to be reduced by performing the dredging work within the time period established by the NC Division of Marine Fisheries (DMF). Dredging will be performed between November 1 and February 14, per current DMF guidelines. Best Management Practices for the protection of surface waters should be strictly enforced to reduce impacts. NCDOT conducted a submerged aquatic vegetation (SAV) search of the study area; no SAV were found. B. Permits It is anticipated that the following permits will be needed to complete the required construction: 6 • Major CAMA Development Permit from the NC Division of Coastal Management; • Special Use Permit from the Alligator River National Wildlife Refuge for use of the spoil disposal site; • Individual Permit (including Sections 10 and 404) from the US Army Corps of Engineers; • Section 401 Water Quality Certification from the NC Division of Water Quality; and • North Carolina Stormwater Management Permit from the NC Division of Water Quality. C. Rare and Protected Species As of June 21, 2006, the US Fish and Wildlife Service lists fourteen Federally-Protected species for Dare County (Table 1). Table 1 summarizes the previous surveys as well as the current surveys. Two species (Red wolf, Shortnose sturgeon) have been added to the list of Federally-Protected species for Dare County. The following species have been added to the list of Federally Protected Species for Dare County since the completion of the SEA/FONSI: Red Wolf (Canis rufus) STATUS: Endangered- Non-Essential Experimental Population DESCRIPTION: Amedium-sized, wild canid, the red wolf resembles the coyote but is larger and more robust. Its legs and ears are relatively longer than the coyote's. The red wolfs coloration is similar to that of the coyote, but the tawny element is more pronounced, and the pelage is usually somewhat coarser. This species is slightly smaller than the gray wolf (C. lupus) with a more slender and elongated head. Its pelage is shorter and coarser than in any race of lupus. RANGE AND POPULATION LEVEL: The red wolf was once found throughout the southeastern United States, from the Atlantic coast to central Texas and from the Gulf Coast to central Missouri and southern Illinois. Between the period of 1900 to 1920, red wolves were extirpated from most of the eastern portion of their range. A small number persisted in the wild in southeastern Texas and southwestern Louisiana until the late 1970s. By 1980, the species was determined to be extinct in the wild. HABITAT: The last red wolves were found in coastal prairie and marsh habitat because this was the last area in which the animals were allowed to remain. Any habitat area in the southeastern United States of sufficient size, which provides adequate food, water, and the basic cover requirement of heavy vegetation, should be suitable habitat for the red wolf. Telemetry studies indicate that red 7 wolf home range requirements vary from about 25 to 50 square miles. Currently, there is an experimental population of red wolves which is being managed from the Alligator River National Wildlife Refuge. BIOLOGICAL CONCLUSION: The red wolf is listed only as Non-Essential Experimental Population. Species not subject to Section 7 consultation- no biological conclusion required. Shortnose Sturgeon (Acipenser brevirostrum) STATUS: Endangered DESCRIPTION: The shortnose sturgeon is usually less than 3 feet long. It is dark above and light below. It has a wide mouth pointed downward beneath a short snout. Five rows of sharp, pointed plates along the sides of its body provide protection from predators. DISTRIBUTION: The shortnose sturgeon lives in Atlantic Seaboard rivers from southern Canada to northeastern Florida. HABITAT AND CHARACTERISTICS: The sturgeon inhabits the lower sections of larger rivers and coastal waters along the Atlantic coast. It may spend most of the year in brackish or salt water and move into fresh water only to spawn. The fish feeds on invertebrates (shrimp, worms, etc.) and stems and leaves of macrophytes. BIOLOGICAL CONCLUSION: NO EFFECT. Per conversation with Fritz Rohde, North Carolina Division of Marine Fisheries, on June 22, 2006, "It is unlikely that the shortnose sturgeon occurs there." Since the SEA/FONSI was written, NCDOT, under the advisement of the USFWS, has changed the protocol in which biological conclusions are rendered. When the SEA/FONSI was developed, a "No Effect" biological conclusion could be rendered if habitat was present, but no species were found. Since then, it is acknowledged that the mobility of animals can inhibit a surveyor from finding the species, and a "No Effect" biological conclusion is not appropriate when habitat exists in the project area. As the intention of the Endangered Species Act to protect habitat as well as the species, a more appropriate biological conclusion is "May Effect, Not Likely to Adversely Affect." As plants are stationary, and thorough survey of species is possible, a biological conclusion of "No Effect" can be attained if no plants are found after a thorough survey during the optimal survey period and there are no known populations of the species within a mile of the study area. 8 O U Y ~ ~ 1 ~ C, ~ (}y U • ~ ~ Y ~ U ~ ~ ~ •O L~ (~ V ~ . ri ~, ~~.v ' N ~~ N N N ~ ~ N N ~ ~+ O H ~ p •~ M N C> ~ b~~ M N M N ~f", O W p U p M~ N M N O ~ yy ~ ~~ U ; ~ ;b U U G ro h N U U ~ , i ~+ Cn . ~ O N cad . ~ O ~ N ~ ~ z ~ p U ~ ~ . O ~ N O N N 'C7 V O O > 4 O~~ > { ~ b O O U ~ 1 ~ . ., ., d~ C7~ w~~ ~1 vy ~ bQ ~ wl ~ ~ ~ W L-i ~+Y 1-1 ~ (Y~ 1-~ it rq 0 C~ (~ . ~~ Z ~ ~ o:n ~ ~ o:a ~ o:o ~ ~ o:a ~ } Op ~ o n C~ ~ xa" x o x 0 ,!y 111 0 x 0 w ~ w ~ w ~, w ~ w ~ . w ~ Z Z Z Z a x x x x x x ~ H ~ H H H ~ H ., ~ ~ ~ ., ~ ~ ~ .~ ~ ~ d a t~ W W W W W d W W W o Z z ~ ~ ~ ¢ d ~ + d rd 4 Z Z ~ Z Z N N .r ~ v ~ ~ ~ ~ ~ v U ~ ~ r-. ":670 ~~ d w h H E-1 H H ,~ ~ ~ ~ ~ ~ N '~~,~ z w z z a z w w w w a w w ~ +~~V z ~ ~ ~ ~ ~ z ~ z z z ;~ z h "C ~ .~ H d F-1 E~ W W W H W H W W W H W •~ ~Q ~ , ~ ~ '~ ~ ~ ~ obi ~~ ~ ~ ~ ~ ~ ~ s i ~ v 'ZS ~ ~ ~ ~ '~ ~ ~ ~ ~ p ~ ~ ~ ~ ~ ti ~ U ~ W v y ~ q tl U ~~ Er ~ U V a", CS U ~ ~ ~ ~ U ~ QJ ~ ~ ~ ~ ~. ~ N ~ N ~ .Y ~ ~ O ~ ~ «f '' U td rn .fl ~ 4. H V N O W V O U ~ W 'n ~ ~ .~ 3 ~a ~ ,~ o ~ ~ ~ ~ ° .b o 3 , ~ ~ ~ ~ ~ ~ ~ a ~ x ~ ~ a s 3 a ~ 3 ~ ~ x ~ ~ c r 0 U ro 0 L O .~ N n (/') 0 a LL t`I .~ I- 4-i ~ ° ~3 O ~ .~ A a~ U y a bb ~ •~ ~ ~ o o ~v a p ,~.....~~ j n~ ~ o ~-' a~i i ~ ~ ~. •~ ~~ b ~~ o~ ~~ ~' o ~~ ~ .~ a a ~' °C ..c .,~ tom., ctf U c~V`~ O~ ~ ~ 3 . ~ ~., ~ 'b bA ~ Ri ~ c~ "" ~ ,~ 3 ~~ o ~ ~ ~ ~' ~ • ~ ~ a~i o a ~~ gab ~ ~ `~ °~ .~°' ~ ~ ~ .?~ O ~'" '~" ~ v ~. ~ 4: ~ ~ ~ cd N .~ ~ ~ 4-~ p O ~ ~ ~, N c0 ~ ~. ,p ''' ~vOi bp0 O N ~ t, ~ ~ o .~ o .~ ~ ~ ~ ~ .~ ~ ~ ~ ~ .~ ~. ~ .. U •~ ~ U p ~,~, ~~z N N V 1-. U ~ `-~ N ~ W 4.1 a~ G ~ . °~ d ~~ a~ °' ~ W ~ ~ ~ ..1 ~ O a a~ o ~ Y 0 0 ~ 'b ~v E"' ~ ~ do^~ by ~d~ wH ~~~~ rn Therefore, due to the changes noted above, the following species' biological conclusion should be updated from "No Effect" to "May Affect, Not Likely to Adversely Affect": Bald Eagle West Indian manatee All other biological conclusions remain valid for this project. Concurrence for these conclusions will be sought from the USFWS prior to the permit application process. NCDOT has conducted an Essential Fish Habitat Assessment of the study area. Given the very small size of the likely impacts in relation to the size of Stumpy Point Bay, no significant impacts to EFH are anticipated with this project. NCDOT will provide the results of the study to the National Marine Fisheries Service. VI. COMMENTS AND COORDINATION NCDOT contacted several federal and state agencies prior the preparation of this document. An asterisk (*) indicates a written response was received from the agency. Copies of the correspondence received are included in Appendix A of this document. *United States Army Corps of Engineers- Regulatory Division U.S. Environmental Protection Agency *National Marine Fisheries Service *U.S. Fish & Wildlife Service N.C. Department of Administration- State Clearinghouse N.C. Department of Cultural Resources- State Historic Preservation Office *N.C. Department of Environment and Natural Resources (NCDENR)- Division of Water Quality *NCDENR- Wildlife Resources Commission *NCDENR- Division of Marine Fisheries *NCDENR- Division of Environmental Health *NCDENR- Natural Heritage Program VII. FINDING OF NO SIGNIFICANT IMPACT Based upon a study of the impacts of the proposed project, as documented in this Addendum, and upon comments received from federal, state, local agencies, it is the finding of the NCDOT that this project will not have a 10 significant adverse impact upon the human or natural environment. The project is not controversial from an environmental standpoint. No significant impacts to natural, social, ecological, cultural, or scenic resources are expected. The proposed project is consistent with local plans and will not disrupt any communities. The project has been extensively coordinated with federal, state, and local agencies. Therefore, neither an Environmental Impact Statement nor further environmental analysis is required. Additional information concerning this document can be obtained by contacting the Project Development and Environmental Analysis Branch: 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 (919) 733-3141 11 o ~ sy\~ ~ ~ o O ~ ~ ~ ~ ~ ~ ~ ~ o y L~" ~~ ~~ ~~ 6~' a ° ~ ~ ~ ~ ----~ ~ ~ _ ~ - - ~ i - - - _ ~' x L'4-~ 9 ~- ~ 1 (J.I oz ~ o ~ o, N ' ~ N \/ m~ ~ ~ 0 ~ /\ I 1 O i w ~ O ~ ~ ~ ~ N 9 ~, ~ ~ ~ r m to 1 1 v ~ \ i A \`~c_~ i ~ ' ~ ~ `' / b ~ 1 03033N tl3 Sn113 31d 'JNINLfII 1 N,i,aau ru .s ~ ,osc x ,09 L ~' NOI7.tlAV~XO Q~Spd011d L ~' w 0 N w ~ ~i V1 ~ (/1 O p O VI m ~ ~ ~~ ~ b x A° ~s $ ~ ~ W 0 M O Y n ' ,~ ~ !*+ s ~ ~ S ~ ~ ~ ~ N~ O. /~ D ~ N ~ _~ ~~~ ~ °'`~ ~ ~ 2 b ~~~ ~ ~ ~_~~ O ~ ~- r W ~\~ 1 I r W r ~p~ ~ ~ ~~ ~ ~$~ ~~ Txz =J N~~1 ~~~ ~ ~~~ ~_~~ ~ ~ ~' ~ ~~~ n~~ n~ ~n O ~~ F 1 ~~ W A Q Cam. V N v Z Q U O F- F-- O m z ~- ~_ X W f~ i N Q lV L~ .~ ~ ~ Z ~ ~ a m 0 w l/7 o p ~ ~ O o ~ '1~ ia~ ~ ~ <~ O awl w m z w b(~z W Z y J C O 4 Q 8 z ~Or ~ ~~ ~ Q~ 0 ~~ h ~ w ~~ o N ai c~ 0 0 a 0 0 0 a cis bA . ,.., . ^, W d, MICHAEL F. EASLEY GOVERNOR STATE of NORTH CAROLINA DEPARTMENT OF TRANSPORTATION U.S. Army Corps of Engineers Regulatory Field Office Post Office Box 1000 Washington, N.C. 27889-1000 Attention: Bill Biddlecome d,~ SMif ~~~~~ LYNDO TIPPETT SECRETARY November 20, 2006 Subject: Dolphin Cluster additions, Stumpy Point Ferry Basin in Dare County After further review by the Ferry Division an oversight was observed on the permit drawings that were submitted with the Ferry Basin Expansion application dated October 16. There needs to be a dolphin cluster located on either side of the finger piers. These clusters will protect the finger piers from the weight of the ferry when it is docking. This will total four additional dolphin clusters. The four additional clusters could impact a total of 41.04-sq. ft. of bottom impact. I have included an updated permit drawing depicting the additional dolphin clusters. Please amend the previous application with this request to add 4 pile clusters as depicted on the provided permit drawings. If you need any further information or clarification, please contact Clay Willis at 252-482-7977. Sincerely, Jack Cahoon NCDOT Ferry Directo Clay Willis Division One Environmental Officer Cc: David Wainwright, DWQ Garcy Ward, DWQ Jack Cahoon, NCDOT- Ferry Division fp; f ~.. `~ ,. J ns'~ti~ ~~'%,~ ~Op ,,r,, ,~~, 6' :.,Q~~a, ~,~~ ~~'o~~ cy [Fwd: ~mpy Point Ferry Project in Dare County] Subject: [Fwd: Stumpy Point Ferry Project in Dare County] From: "Garcy.Ward" <garcy.ward@ncmail.net> Date: Mon, 20 -Nov 2006 15:00:12 -0500 To: David Wainwright <David.Wainwright@ncmail.net> CC: Clay Willis <tcwillis@dot.state.nc.us> Subject: Stumpy Point Ferry Project in Dare County From: Clay Willis <tcwillis@dot.state.nc.us> Date: Mon, 20 Nov 2006 15:30:07 -0500 To: "William.J.Biddlecome@saw02.usace.army.mil" <William.J.Biddlecome@saw02.usace.army.mil>, Garcy Ward <Garcy.Ward@ncmail.net>, Cathy Brittingham <Cathy.Brittingham@ncmail.net> Attached to this email is a revision of the permit drawing that was sent in with the application to expand the Stumpy Point ferry basin. After further review from the ferry division they realized some additional pile clusters would be needed on either side of the finger piers. These clusters would keep the weight of the ferry from destroying the finger piers. This will result in four additional pile clusters ( two for each finger pier). This will total an additional 41.04 sq. ft. of bottom impact. I mailed a hard copy of this request and drawing today. Please amend the permit application to include these pile clusters as depicted on the attached permit drawing. If you have any questions, please let me know. Sorry for the oversight on our part. Thanks Clay Willis -- Garcy could you forward this to to David. I do not have his email. Content-Type: message/rfc822 Stumpy Point Ferry Project in Dare County Content-Encoding: 7bit Content-Type: application/pdf STUMPY POINTdrawing.pdf Content-Encoding: base64 1 of 1 11/20/2006 3:05 I'M o o o ~` ~ ~ o 0 o, 9,~. ~ ~ ~ ~ ~ ~ ~ ~ o y L ~~ ~, ~~ ~, 6 ~ ~ a o ~ ~ ~ ~ ~ ~ g ~" ti•~~ ~ ~ -, ~ ~ _- '' ~ o ~- L ~~ i 9~ ~ i i i t i ~ ~ r O i i ~ \ I O L' ~'. 0 ~•~' 0 L ~'~ ~ O •~-~ ~. o 0 w 4~~ ~~ N q ~ v~ z~di 0 ~ ~ q ° 0 92 L~~ ~' o ~. N s ~ b mo ~~ ~x ~ `° ~~ ~O P ~ b a ~~ ~ ~~ ~~ m S ~~q ~~ ~ a ~n ~ o~ A ~ ~ N ~ _~ ~~~ ~ ~~~ d~y ~~~~ r ~ 'may ass I dfl-71 N3d 5537OY DOOM lOl ~ i JNl~~ldd ~ ~~ - - _.. ~~ q~ I ~ r ~` '` oo I ~ K ~~ g r `~~ ~~g ~ a~ o~ ~~ 0 r ~~~ ~~~ 0 C~~ ~~ ~~~ `o ~~~ ~~ ~' ~ ©~' ~ h~~ ~~ d 8lM r m r I I e~M ~ \~ ~ ~_ \` - - <~ ~~ _ - ~~~ ~g~ ~ ok d~ ~ ~~ ~ ~~ Z rn OM SWF~~ ~~a~w+s• STATE of NORTH CAROLINA aN~~ N~9~ O ~' °Q ~~Q ~~~~~~ DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY LYNDO TIPPETT GOVERNOR SECRETARY October 16, 2006 U.S. Army Corps of Engineers Regulatory Field Office Post Office Box 1000 ~J Washington, N.C. 27889-1000 ~. 7 ~~ Attention: Bill Biddlecome Subject: Stumpy Point Ferry Basin Expansion in Dare County The NCDOT Ferry Division is proposing to expand the existing Stumpy Point Ferry basin to accommodate two additional berthing spaces. This will allow the Stumpy Pt. to Rodanthe Ferry route the option of running six ferries during a cycle. This route currently can operate 4 ferries, which would not be adequate for providing Hatteras Island transportation to Daze County mainland if the NC 12 corridor is disrupted for an extended time period. When Hurricane Isabel washed out NC 12 for over a month the Stumpy Pt. ferry route was used to capacity. In the event NC 12 is not passable for a long time period the additional two berthing areas will allow citizens of Hatteras Island a better chance to reduce impacts to their community. With the threats to NC 12 that currently exist NCDOT believes it is prudent to have the Stumpy Pt. ferry terminal able to handle transportation from Hatteras Island to Dare County mainland as adequately as possible. This project will require dredging an area that is 60 X 350ft. to a depth of 8 ft. The proposed dredged area is located on the north end of the existing ferry basin. The proposed dredge area currently ranges in depth from 2 - 3.5 ft. The proposed depth of 8 ft. will allow enough depth for the ferries to operate safely in and maintain a consistent depth with the state and federal channels that provide access to the deeper waters of the Pamlico Sound. This dredging project will create between 3000-4000 cubic yards of dredge spoil. A survey for SAV's was conducted in the project area by two divers and one person using a rake, no SAV's were found. NCDOT conducted an Essential Fish Habitat Assessment, which concluded that do to the small size of the work area no significant impacts to Essential Fish Habitat would occur. The Essential Fish Habitat report was sent to Ron Sechler with the National Marine Fisheries on August 29, 2006. There will not be fill impacts to wetlands or surface waters from this project. All the dredge spoil material will be placed at the COE dredge spoil site located on the U.S.F.W.S. property located south of Stumpy Point Bay. This will be done by using a lift pump and several thousand feet of pipeline to transfer the material into the containment basin. The U.S.F.W. S will be coordinated with through a special use permit to allow this activity. The two berthing areas will be accessed by an elevated walkway that will consist of two sections. The main section will be 6 ft X 100 ft. with two fmger walkways that will be 6 ft. X 25 ft. as shown on the provided work plat. These walkways will be made from salt treated wood and pilings. The walkway and finger piers will be located over the water except were the landing ties to land. There will be 6 new pile clusters for the berthing areas. These pile clusters will be made of salt treated wood pilings with 9 - 19 piles in each cluster. A 10-inch pile surface area is 0:54 sq. ft. If a pile cluster uses 19 piles the total surface area is 10.26-sq. ft. Therefore, six new pile clusters could potentially impact 61.56-sq. ft. of bottom area. These piles will be driven using a vibratory hammer. The Ferry Division anticipates completing this project prior to February 15 of 2007, before any in- water work moratoriums would be required. This will allow the Stumpy Point to Rodanthe ferry route to be me much more effective in the event of an active 2007 hurricane season. Along with this request for a COE individual pe~nit NCDOT is applying fora 401 certification from the DWQ and a Division of Coastal Management Major Permit. Included with this request is a copy of the addendum to the State Environmental AssessmendFinding of No Significant Impact, ENG form 4345, permit drawings, vicinity maps, and aerial photograph. NCDOT appreciates your efforts in this project. If you need any further information or clarification, please contact Clay Willis at 252-482-7977. Sincerely, Jack Cahoon NCDOT Ferry Director Clay Willis t~ W'r''"" Division One Envir nmental Officer Cc: Garcy Ward, DWQ Gary Jordan, USFWS Travis Wilson, NCWRC Sara Winslow, NCDMF Ron Sechler, NMFS Dennis Stuart, USFWS Jack Cahoon, NCDOT- Ferry Division I ~ ~ ~ t } • ~ ! E j +; ~: t Stumpy Point, Dare County +. ,.. -`:~ _ - -:,: ~ , •i' ~, ~r Ni i Project Location i ~'~ 1 C B D A? A N i 1 1 ~ _ _ -- - - - - - -_ n - ry ~ _ _ ~~ ' ~. r.. w _ `~,hn:.MnwA r `. ~ - - .` n+.n rn.r y. - - 1~'-~ - 1 r- - 1 - ~ ~ _ - . 1 ~.. / { ~. ~ - -_ , E ~, ,~. r.n,HCr~•u _ _ , ~ . fi r _ - - _' r L _ r ..~~1 `W~ _ - ~ - - ~I ~ - r - ~ - -: i " - L 1 ~ -/ _ I i : , •J i a . ~ , _ r { _ ~'~ r ~: [ j ~ ~ ~ ~ P A M 1. Stumpy Point Ferry Project Taro ('_ni int~i N N 0 250 500 1,000 Feet APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT I OMB APPROVAL NO. 0710-0003 (33 CfR 325/ Expires Deoember 31, 2004 The Public burden for thle cofk+ctlon of information Is ssstimatsd to average 10 hours per response, although the majorky of applbatlons shoukf require 5 hours or lase. This inoludes tM tlme for reviewing instruotions, ssarohing axletirq data sources, gatMring and maintaining tM date needed, and completing and roviswkp tM collection of information. Sand comments regarding thin burden estimate or any otMr aspect of thle collectors of information, including suggestbns for roducing this burden, to Dspartnrarrt of Defense, Washington Headgwrtero Ssrvbe Dirootorate of Information Operations and Reports, 1215 Jefferson Davis Highway, Suits 1204, Arlington, VA 22202-4302; and to the Office of Management and Budget, Paperwork Reduction Projaot (0710.00031, Waehirgton, DC 20603. Raspondems should be awaro that notwkhstanding any other provision of law, no person shall ba subject to any penaky for fsNlrp to comply wkh • collection of information if it does not display a currently valid OMB control number. Please DO NOT RETURN your form to either of those addresses. Completed epplbstbne must bs wbmkted to tM Distrbt Engineer Mving (urledbtbn over tM looatlon of the proposed activity. PRIVACY ACT STATEMENT Authorities: Riwro and Harbors Act, Section 10, 33 USC 403; Clean Water Aot, 8eotion 404, 33 USC 1344; Marine Protectbn ,Research and Sanctuarin Aot, 33 USC 1413, Section 103. Principal Purpose: Information provided on this form wiM ba used in awluatlng the applioaton for a permh. Routlns Uses: This Information may bs shred whh the Department of Justbs and other federal, stet, and local government penolee. Submfealon of ragwsted Information Is volunbry, however, if Information is not provided tM psrmk applbatbn cannot bs evaluated nor can s permk be fsswd. One set of original drawings or good reproducible copies whbh show the location and character of tM propowd actlvity must bs attached to this application (see sample drowlrga and instructbns- end be submitted to tM Dletrict Engineer hsving jurisdbtbn over the bcetbn of the proposed sctivity. An applbation that is not completed in full wUl be returned. 1. APPLICATION NO. ~ 2. FIELD OFFICE CODE ~ 3. DATE RECEIVED ~ 4. DATE APPLICATION COMPLETED 5. APPLICANT'S NAME NCDOT Ferry Division 8, AUTHORIZED AGENT'S NAME AND TITLE ierr spent is not rsouired! Clay Willis-NCDOT Division 1 6. APPLICANT'S ADDRESS NCDOT 113 Airport Drive Suite 100 Edenton, N.C. 27932 9. AGENT'S ADDRESS ?. A ICANT'S ONE NOS. W/AREA CODE 10. E T' PH NE N . W CO a. Residence b. Business 2 5 2- 4 8 2- 7 9 7 7 a. Residence b, Business ~1, STATEMENT OF AUTHORIZeT!ON I hereby authorize, to ect in my behalf as my agent in the processing of this application and to tarnish, upon request, supplemental information in support of this permit application. APPLICANT'S SIGNATURE PATE NAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY 12. PROJECT NAME OR TITLE Isee mstrucTions Stumpy Point Ferry Basin Expansion 13. NAME OF WATERBODY. IF KNOWN ni A~di,,,ni,.~ 114. PROJECT STREET ADDRESS tit spp7cabiel Stumpy Pt. Bay - Pamlico Sound tb. LOCATION OF PROJECT Dare North Carolina SR 1164 Log Storage Rd. Stumpy Point Dare County N.C. 27978 COUNTY STATE 18. OTHER LOCATION DESCRIPTIONS, IF KNOWN, isee instructronsl 17. DIRECTIONS TO THE SITE Take US 264 south from US 64 in Dare County. Travel approximately 13 miles and turn left on SR 1164, this road ends at the Stumpy Point ferry terminal. u EDITION OF FEB 94 IS OBSOLETE. (Proponent: CECW-OR) 18. Nature of Activity Iae~Yra~ of pro%cr, Include s!l features) The proposed project will expand the existing ferry basin by increasing the width 60 ft. to the north. The bottom will be dredged to a depth of 8 ft. This will allow berthing of two ferry boats, which will increase the utilization capacity of the Stumpy Pt. ferry terminal. 19. ROject Purpose (DeaoNne the reason a purpose of Me poject, see insrructiorul The existing Stumpy Point Ferry currently can operate 4 boats, which run between Rodanthe and Stumpy Pt. The proposed project will allow 6 boats to operate, which increases transportion ability between Hatteras Island and mainland Dare County during emergency situations. ^ USE BLOCKS 20.22 IF DREDGED ANDlOR FILL MATERIAL IS TO BE DISCHARt3ED 20. Reasonls) for Discharge Discharge is resulting from dredging the 60 X 350 ft. expansion area. The dredge spoil will be placed in an approved dredge spoil diked location. 21. Type(s) of Material Being Discharged and the Amount of Each Tvoe in Cubic Yards Material will be from the bottom of Stumpy Pt. Bay, which is muck and sand. The amount of area to be dredged is approximately 3000 cubic yards. 22. Surface Area in Acres of Wetlands or Other Wsters Filled )see lnsrrucUons! There will be no surface waters or wetland fill associated with this project. 23. Is Any Portion of the Work Already Complete? Yes ~ No K IF YES. DESCRIBE THE COMPLETED WORK 24. Addresses of Adpining Roperty Owners, Lessees, Etc., Whose Roperty Adjoins the Waterbody (lf more than can be entered here, please attach a supplemental list). 1)Marietta Trainor - P.O. Box 634 Manteo, N. C. 27954 2)U.S. Fish and Wildlife Service - P.O. Box 1969 Manteo, N.C. 27954 3)Robert Midgett - 178 Bayview Drive Stumpy Point, N.C. 27978 26. List of Other Certifications or Approvals/Denials Received from other Federal, State or Local Agencies for Work Described in This Application. AGENCY TYPE APPROVAL • IDENTIFICATION NIIMRFR DATE APPI ILfI neTC eoeunven neTe newuen .__._ ..._._.._ .,... ,.. ,,.... _a.,.,..o...,, ~..,.,..y, ,,,,.,,.,,.y .,... ~~.,.... r,.... M.,,.,,.~ 28. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the information iri this application is complete and accurate. I further certify that I possess the authority to undertake the work described herein or am acting as the duly authorized a nt of the applicant. / , GNATURE OF APPLICANT DAT~ SIGNATURE OF AGENT DATE The application must be signed by the person who desires to undertake the proposed activity lapplicant- or it may be signed by a duly authorized spent if the statement in block 11 has been filled out and signed. 18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a malarial fact or makes any false, fictitiors or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall bs fined not more than $10,000 or Imprisoned not more than flue years or both. STUMPY POINT BAY EMERGENCY FERRY T~''tiIINAL SR 1164 (Log Storage Roams'' Dare C~~'r' WBS F'~ T. v~ ~'~ ,vv~ ~,~ S . ~~~~@~ ~ STATE ENV ~ ++ ~ L FINDING 0 ~ (,p l ~ 1 Prepared by the Project Devc rr~\\ `~ V(- c.(S~`~ ~ ~h North Carolina ~ U~ 3 ~ • ~ ~ ~ ~ ~~ I. ~ 35~ This is a North Carolina State A _.,,~ ~-Addendum to the Environmental Assessment/ Finding of ~,..,~~cant Impact (SEA/FONSI) that was completed in February 2002. Unless otherwise noted, the impacts detailed in the original document have not changed. A. Description of Action The North Carolina Department of Transportation (NCDOT), Division of Highways and Ferry Division, proposes to expand the ferry basin originally dredged in 2002 as part of the ferry terminal construction project (Figure 1). The original project, as detailed in the 2002 SEA/FONSI, included the dredging of a 300-foot by 350-foot area to a depth of 8 feet for use as a turning basin, including two slips for the overnight storage of ferry vessels. The proposed work to be discussed in this Addendum would create space for two additional slips in the turning basin so that two additional vessels can be incorporated into the Stumpy Point-Rodanthe emergency route. B. Alternatives Considered • NCDOT examined the possibility of providing additional berthing space at the Rodanthe terminal rather than at Stumpy Point Bay. However, expansion of the Rodanthe terminal would require extensive dredging in order to provide additional berthing spaces. Expansion of the Stumpy Point terminal to the south side of the existing turning basin was also considered; however, this alternative was not pursued as potential dredging would be required outside the boundaries of state owned property. C. NCDOT Recommended Alternative The Recommended Alternative consists of dredging an area approximately 60 feet by 350 feet on the north side of the existing dredged basin to a depth of eight feet (Figure 2). Following dredging activities, additional pile clusters will be installed to delineate the additional slips. An elevated walkway will be constructed to provide access to the two new slips. D. Coordination Several federal, state, and local agencies were contacted during the preparation of this Addendum. Copies of any correspondence can be found in Appendix A. E. Summary of Beneficial and Adverse Impacts • The dredging operations necessary to expand the turning basin could disturb important secondary nursery areas and other aquatic resources located in Stumpy Point Bay. • The expansion of the turning basin will assist in evacuating citizens from the Outer Banks in a timely manner during an emergency situation by enabling NCDOT to utilize more vessels on the route. F. Actions Required By Other Agencies The proposed action will result in impacts to surface waters, jurisdictional wetlands and coastal resources. The North Carolina Coastal Management Act (CAMA) provides permitting reviews of impacts affecting Areas of Environmental Concern (AECs) in the designated coastal counties. Dare County is one of the counties under the CAMA review and as such, a CAMA Major Development Permit will be required. An Individual Permit issued by the U.S. Army Corps of Engineers (USAGE) will be required in order to comply with Section 10 of the River and Harbors Act of 1899 and Section 404 of the Clean Water Act of 1977, as amended. Section 401 of the Clean Water Act requires each state to certify that state water quality standards will not be violated for activities that involves issuance of a federal permit or license or require discharges to "Waters of the United States." Requirements of the Department of Natural Resources, Division of Water Quality for 401 certification will be required as part of the permit process to include written concurrence on the CAMA Major Development Permit and approval of a Stormwater Management Plan. 2 The spoil material resulting from the dredging operations in Stumpy Point Bay will be stored in a spoil storage site located approximately 7,000 feet south of the project in the Alligator River National Wildlife Refuge. The use of this site will require a Special Use Permit issued by officials at the Refuge. G. Additional Information Additional information concerning this Addendum can be obtained by contacting the Project Development and Environmental Analysis Branch. Mr. Gregory ]. Thorpe, Ph.D., Manager Project Development and Environmental Analysis Branch North Carolina Department of Transportation 1548 Mail Service Center Raleigh, North Carolina 27699-1548 (919) 733-3141 H. Addendum to the State Environmental Assessment/ Finding of No Significant Impact Based upon the project as proposed in this report, and upon comments received from federal, state and local agencies, it is the finding of the North Carolina Department of Transportation that the project will not have a significant impact upon the human or natural environment. The proposed action will not have a significant adverse impact on air, noise, or water quality in Dare County. The proposed project is consistent with plans and goals that have been adopted by Dare County and the State of North Carolina. Therefore, an environmental impact statement or further environmental analysis will not be required. 3 II. PURPOSE AND NEED FOR THE PROPOSED PR07ECT The existing Stumpy Point Bay Emergency Ferry Terminal was constructed with the purpose of providing an emergency connection from the Outer Banks to the mainland of North Carolina in the event that existing transportation services are disrupted. The constructed facility allows a total of four ferries to operate on the Stumpy Point to Rodanthe emergency route. The purpose of this project is to expand the ferry turning basin in order to increase the capacity of the existing facility. The proposed expansion would create two additional berthing slips that would enable the Ferry Division to operate a total of six ferry boats on the emergency Stumpy Point to Rodanthe route. The additional ferries would be critical in the event that NC 12 service is disrupted for extended time periods. III. ALTERNATIVES A. Alternatives Eliminated From Consideration NCDOT examined the possibility of providing additional berthing space at the Rodanthe terminal rather than at Stumpy Point Bay. However, expansion of the Rodanthe terminal would require extensive dredging in order to provide additional berthing spaces. Expansion of the Stumpy Point terminal to the south side of the existing turning basin was also considered; however, this alternative was not pursued as potential dredging would be required outside the boundaries of state owned property. B. Recommended Alternative The Recommended Alternative consists of dredging an area approximately 60 feet by 350 feet on the north side of the existing dredged basin (Figure 2). The area would be dredged to a depth of eight feet. Based on the average recorded depth within the study area, approximately 3,000 cubic yards of material will be excavated. Following dredging activities, additional pile clusters will be installed to denote the additional berthing slips. The additional slips will be used only to house ferry vessels while not in use; the loading and offloading of vehicles will continue to occur from the facilities already constructed. Upland development will include a 6-foot by 100-foot elevated main wooden walkway and two 6-foot by 25-foot finger walkways to access the vessels moored in the added slips (Figure 3). Construction of the walkways will occur outside of the limits of the adjacent wetland mitigation site. 4 C. Disposal of Dredge Material The NCDOT anticipates using a spoil disposal site located on property owned by the Alligator River National Wildlife Refuge (ARNWR). The disposal site is the same as was used during the dredging of the original access channel and turning basin. The ARNWR will require a special use permit for use of the disposal property. Disposal of the dredged material into the spoil site will be conducted in the same manner as in previous dredging operations. IV. SOCIOECONOMIC ENVIRONMENT The following section summarizes updates to the socioeconomic environmental studies conducted for the original SEA/FONSI in 2002. Unless otherwise noted, information regarding land use, transportation planning, socioeconomic data, and cultural resources has not changed since the original SEA/FONSI was published. A. Cultural Resources i. Archaeology This project is subject to compliance with Section 106 of the National Historic Preservation Act of 1966, as amended, implemented by the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106, codified at Title 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 inclusion in the National Register of Historic Places, the Advisory Council on Historic Preservation be given the opportunity to comment. NCDOT consulted with the Office of State Archaeology (OSA) regarding potential archaeological sites in the proposed project area. OSA does consider the undertaking to be a major bottom disturbance. The probability of encountering significant underwater cultural resources is, however, low at this location. OSA recommended that NCDOT proceed with caution and requested immediate notification if any potential artifacts are encountered during construction. No additional investigation is warranted for this project. V. NATURAL RESOURCES The following section summarizes updates to the natural resource studies conducted for the original SF~A/FONSI. Unless otherwise noted, information 5 regarding water resources, biotic communities, jurisdictional issues, and rare and protected species has not changed since the original SEA/FONSI was published. A. Anticipated Impacts to Biotic Communities 1. Terrestrial Communities Anticipated impacts to terrestrial communities are estimated based upon the proposed construction limits. The only terrestrial community to be impacted will be the disturbed area along the shore of Stumpy Point Bay; this area will have shading impacts due to construction of the wooden walkway, to be constructed on pilings (Figure 3). 2. Wetland Communities Wetlands subject to review under Section 404 of the Clean Water Act (33 U.S.C. 1344) are defined by the presence of three primary criteria: hydric soils, hydrophytic vegetation, and evidence of hydrology at or near the surface for a portion of the growing season. CAMA jurisdictional wetlands occur along the shoreline of Stumpy Point Bay. However, due to the limited construction activities included in this project, no wetland impacts are expected. During construction, Best Management Practices (BMP's), including erosion control measures will be used. Therefore, it is anticipated that expansion of the terminal will result in minimal impacts to surrounding surface waters. 3. Aquatic Communities Temporary impacts to aquatic species from increased sediment during construction are expected to be reduced by performing the dredging work within the time period established by the NC Division of Marine Fisheries (DMF). Dredging will be performed between November 1 and February 14, per current DMF guidelines. Best Management Practices for the protection of surface waters should be strictly enforced to reduce impacts. NCDOT conducted a submerged aquatic vegetation (SAV) search of the study area; no SAV were found. B. Permits It is anticipated that the following permits will be needed to complete the required construction: 6 • Major CAMA Development Permit from the NC Division of Coastal Management; • Special Use Permit from the Alligator River National Wildlife Refuge for use of the spoil disposal site; • Individual Permit (including Sections 10 and 404) from the US Army Corps of Engineers; • Section 401 Water Quality Certification from the NC Division of Water Quality; and • North Carolina Stormwater Management Permit from the NC Division of Water Quality. C. Rare and Protected Species As of June 21, 2006, the US Fish and Wildlife Service lists fourteen Federally-Protected species for Dare County (Table 1). Table 1 summarizes the previous surveys as well as the current surveys. Two species (Red wolf, Shortnose sturgeon) have been added to the list of Federally-Protected species for Dare County. The following species have been added to the list of Federally Protected Species for Dare County since the completion of the SEA/FONSI: Red Wolf (Canis rufus) STATUS: Endangered- Non-Essential Experimental Population DESCRIPTION: Amedium-sized, wild canid, the red wolf resembles the coyote but is larger and more robust. Its legs and ears are relatively longer than the coyote's. The red wolfs coloration is similar to that of the coyote, but the tawny element is more pronounced, and the pelage is usually somewhat coarser. This species is slightly smaller than the gray wolf (C. lupus) with a more slender and elongated head. Its pelage is shorter and coarser than in any race of lupus. RANGE AND POPULATION LEVEL: The red wolf was once found throughout the southeastern United States, from the Atlantic coast to central Texas and from the Gulf Coast to central Missouri and southern Illinois. Between the period of 1900 to 1920, red wolves were extirpated from most of the eastern portion of their range. A small number persisted in the wild in southeastern Texas and southwestern Louisiana until the late 1970s. By 1980, the species was determined to be extinct in the wild. HABITAT: The last red wolves were found in coastal prairie and marsh habitat because this was the last area in which the animals were allowed to remain. Any habitat area in the southeastern United States of sufficient size, which provides adequate food, water, and the basic cover requirement of heavy vegetation, should be suitable habitat for the red wolf. Telemetry studies indicate that red 7 wolf home range requirements vary from about 25 to 50 square miles. Currently, there is an experimental population of red wolves which is being managed from the Alligator River National Wildlife Refuge. BIOLOGICAL CONCLUSION: The red wolf is listed only as Non-Essential Experimental Population. Species not subject to Section 7 consultation- no biological conclusion required. Shortnose Sturgeon (Acipense~ brevirost~um) STATUS: Endangered DESCRIPTION: The shortnose sturgeon is usually less than 3 feet long. It is dark above and light below. It has a wide mouth pointed downward beneath a short snout. Five rows of sharp, pointed plates along the sides of its body provide protection from predators. DISTRIBUTION: The shortnose sturgeon lives in Atlantic Seaboard rivers from southern Canada to northeastern Florida. HABITAT AND CHARACTERISTICS: The sturgeon inhabits the lower sections of larger rivers and coastal waters along the Atlantic coast. It may spend most of the year in brackish or salt water and move into fresh water only to spawn. The fish feeds on invertebrates (shrimp, worms, etc.) and stems and leaves of macrophytes. BIOLOGICAL CONCLUSION: NO EFFECT. Per conversation with Fritz Rohde, North Carolina Division of Marine Fisheries, on June 22, 2006, "It is unlikely that the shortnose sturgeon occurs there." Since the SEA/FONSI was written, NCDOT, under the advisement of the USFWS, has changed the protocol in which biological conclusions are rendered. When the SEA/FONSI was developed, a ~~No Effect" biological conclusion could be rendered if habitat was present, but no species were found. Since then, it is acknowledged that the mobility of animals can inhibit a surveyor from finding the species, and a "No Effect" biological conclusion is not appropriate when habitat exists in the project area. As the intention of the Endangered Species Act to protect habitat as well as the species, a more appropriate biological conclusion is "May Effect, Not Likely to Adversely Affect." As plants are stationary, and thorough survey of species is possible, a biological conclusion of "No Effect" can be attained if no plants are found after a thorough survey during the optimal survey period and there are no known populations of the species within a mile of the study area. 8 '~ ~ ~' ~ 0 . . • `~. ~ o o....,.... ~ o ~ ~ o ao~ ~o g ~o S . ~ ~ ~ .~~~~ ~o S ~ o o ~' ~~~ ~ ~~ ~+"' N N ~~ ~ N N a r.+ O ~ O•~ M N O~~ ~ ,.., M N M N ~ r,•, O ~+ w p U O M N M N ~ ~ ~ ~ ~~•o ~ 'o ~Q ~ ~ ^ ~ ~ ~a ~ ~ .~ "~ ~ O ~ ~ ~ w :d p ~ ~ -~ o .+ O -~ U ~ ~ o zb3 ~ ~~~~~o ~ ~ ~°" ~ C7 ,~ w ~ °a `~ ~ n D .a a Z ~ ~ ~ ~ _ ~ ~ ~ ~ _ ~ ~ ~ ~ ~ ~ . ~" . ~" Q z i0 . cd w°~ w°~ w°~ w°~ w°~ , w°~ xa z z z z ~ Q ¢ d Q Q d Q ~ ~3 b3 ~3 ~ • z ~ ~ ~ ~ ~ ~ ~ o z o 0 0 ~ U ~ ~ ~ ~ ~ ~ ~ o Z Z Z Z Z ~. z w w w w -~ a w w ~ -~ ~ z ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ z z z z z z z '~ H~ H H w w w H w H w w~ w H w ~ ~ ~ h v ,.p ~ . U C3 ~ h '~ S ' p ice., .~ 'tS ~ C~ ~ O v C t. ~ ~ ~ ~ .~ ~ •~ ~ ~ ~ N ~ 0~ N ~ "~ ~ ,p ~ ~ ~ ~ ~ ~ .a ~ ~ ~ ~ •~ o ~ 0 0 ~ ~ ~ b ~ v ~ ~ ~ ~ c ~ . ~ ~ ~ o ~. v ~ ~ o o~ U ~, W ~ 'q ~ ~ ~ ~ .~ ti ~s V •~ c% .~ ~ U ~ ~ ~ ~ ~ . ~ ~ q U ~ a~ ~ ~ ~ ~ ~ ~ ~ ~ a~ ~ ~ ~ ~ ~ ~ ~ . ~ ~ ~ ~ ~a ; ~"' ~ ~ U O 3 N ~, U ~ O qq ~ ~' ~ ~ ~ ~ ~ ~ ~ .~ ' " ~ ~ a~ o ~ o ¢ as ~ x ~ a ~ 3 a x 3 x x ~ rl .0 4r ~ ° •3 p N O ~, '~ .~ a ~~ ~, ~ o o ~ ~ > o ~~ ~~ a~ a •~ ~~ ~ ~ w ~ .~ ° ??,~ ~• o .~ o ~ ~ 0 a~ ~ ~ ~° o ~ a~ ~ 3 ~ ~ ~ b .~ ~ ~ •~ `~ a a ~ o ~ ~ .~ ~•~ ~~ a ~ ~ ~ •~ ~ ~~ ,~ s ~^^ ~~ .~ tU O •U a-~ ~ ~; .~ CQ ~ N G ~ ~" 4ti er.., O O ~ ~ ~ >' ~ v rn ~ bA O "~ ~ ~ ,~ ~' ~ G ,d .~ :~ ~ •O Q ct! r, o ~~ Y ~ ~ ~ ~~ w .a•~ ~'~ Z ~• 3 ~ cd U p bUp ~ a' U cd .~~ ~~~ ~~ ~~~ O O N 'b .b H bb ~~~ rn Therefore, due to the changes noted above, the following species' biological conclusion should be updated from "No Effect" to "May Affect, Not Likely to Adversely Affect": Bald Eagle West Indian manatee All other biological conclusions remain valid for this project. Concurrence for these conclusions will be sought from the USFWS prior to the permit application process. NCDOT has conducted an Essential Fish Habitat Assessment of the study area. Given the very small size of the likely impacts in relation to the size of Stumpy Point Bay, no significant impacts to EFH are anticipated with this project. NCDOT will provide the results of the study to the National Marine Fisheries Service. VI. COMMENTS AND COORDINATION NCDOT contacted several federal and state agencies prior the preparation of this document. An asterisk (*) indicates a written response was received from the agency. Copies of the correspondence received are included in Appendix A of this document. *United States Army Corps of Engineers- Regulatory Division U.S. Environmental Protection Agency *National Marine Fisheries Service *U.S. Fish & Wildlife Service N.C. Department of Administration- State Clearinghouse N.C. Department of Cultural Resources- State Historic Preservation Office *N.C. Department of Environment and Natural Resources (NCDENR)- Division of Water Quality *NCDENR- Wildlife Resources Commission *NCDENR- Division of Marine Fisheries *NCDENR- Division of Environmental Health *NCDENR- Natural Heritage Program VII. FINDING OF NO SIGNIFICANT IMPACT Based upon a study of the impacts of the proposed project, as documented in this Addendum, and upon comments received from federal, state, local agencies, it is the finding of the NCDOT that this project will not have a 10 significant adverse impact upon the human or natural environment. The project is not controversial from an environmental standpoint. No significant impacts to natural, social, ecological, cultural, or scenic resources are expected. The proposed project is consistent with local plans and will not disrupt any communities. The project has been extensively coordinated with federal, state, and local agencies. Therefore, neither an Environmental Impact Statement nor further environmental analysis is required. Additional information concerning this document can be obtained by contacting the Project Development and Environmental Analysis Branch: Mr. Gregory ). Thorpe, Ph.D., Manager Project Development and Environmental Analysis Branch North Carolina Department of Transportation 1548 Mail Service Center Raleigh, NC 27699-1548 (919) 733-3141 11 NRTIFI~h I}t~;j,FcGN~ ~~~~ b~IN~R'S . ,g~. r .~., ~ k w .. ^ Complete Items 1, 2, and 3. Also complete Item 4 If Restricted Delivery Is desired. ^ Print your name and address on the reverse so that we can return the card to you. ^ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: i, ~ 4 ~".~ MARIET'1'n ~'~'. '1'RAINOR `. fw ~ ~.: '.j ro Box c;4 ¢,.~ A. Signet re - ^ Agent X _ dresses B. Re i d by-( P-ri-n-te-d--M~e-m` (~ ~1 ~. Date of Delivery D. Is denvery address d nem 1? e~ , If YES, enter ellvery eddroes 3 C~~~ ~r U `>.~ A -a - ~ ~:~1~ xr~ ` ~° ~~`. •''{ MAN"I'[?(7, N(' 2704 3. Servicelype ~ '~ '~_ ~ ~. ~.,' n...-o ~~ ,M, irf ~ s*• ='' ~ Certlfled Mall ^ EXpress Mall R '~~ ,'~'~,'`„~ ~~"~ ^ Registered ^ Retum Receipt for Merchandise O Insured Mall ^ C.O.D. 4. Restricted Delivery? (Extra Fee) ^ Yes 2. ARIcbNumber 7003 3110 0000 Q946 1959 (iyar,s-er from service labeq 102595-02-M-1540 PS Form 3811, February 2004 Domestic Return Receipt . , ~~~ .. • .. . . ~ .-. 4 ^ Complete Reme 1, 2, and 3. Also complete Rem 4 If Restricted Delivery Is desired. ^ Print your name and 6ddreas on the reverse so that we can return the card to you. ^ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Rn13P,R'I' NlTDGLT°[' 174 T3nYVIGW DRLVfi a r ~ ~, , , ay,; ,. ~ ~. ~ _ r. `ii S'1'U~1PY PnTN`I', NC 2791K to • * , A. Slg lure , ~ ` -Agent B. Received by (Printed Name) .Date of Deliver D. Is delivery address different from item 17 ^ Yes Ii YES, enter delivery address below: ^ No 3. Service Type j1p Certified Mail ^ Express Mail ^ Registered ^ Return Receipt for Merchandise ^ Insured Mail ^ C.O.D. 4. Restricted Delivery? (Extra Fee) ^ Yes 2. Article Number 7003 3110 ~0~0 0946 1966 (Transfer from serv/ce IabeQ ---- PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-15~ ?~ n ~ ~. ,~'~°„`" >'~ .~, ~ ~` ~ ~ ~ ~. ,A~. ^ Com lete Items 1, 2, and 3. Also com late d h~ ' ; ~"`' r , `~ ~~ { Rem 4 if Restricted Delivery Is desiredp ~ ~ .g.. ~b ' ~ ~'~~ "6z-3"' '~" i~w '¢ ~ mow:}~ '# y,~~`j ^ Print your name and address on the reverse ~,~ ': ; ~' ,~~, ~ $; ,;~ ~,~ ~ ,,~ , , ~ ~,~ so that we can return the card to you. ^ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: LIS ElSII ~ \V(LDLIP(? Sl~.IZVI('1~ PO 13OX 1969 ~t fi _, 1~1AN"1'1?O, NC: 27954 eM ` , :;~s .~.. A. Sig lure ~,,1~.~, B. Received by (Printed Name) C. D. Is delivery address different from Item 17 If YES, enter delivery address betow:q ^ Agent Deliver 3. Service Type )~ Certified Mail ^ Express Mail ^ Registered ^ Return Receipt for Merchandise ^ Insured Mail ^ C.O.D. 4. Restricted Delivery? (Extra Fee) ^ Yes 2. Article Number 7pp3 311 0~~~ X946 1973 (ilansfer hovn service label) PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-154 ~ o o o 6~, 6~, ~. ~ c; _, °, ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 0 0 ~ ~ o ~ ~ ~ ~ ~ ~ ~ ~ o y . c~- ~ -~7 ~ , ~ - o L ~ ~ ~ 6 0 c~ __-~ ___-- L'~~ ° ~ X t i ~~ oz O '~ °' N ' N ~ Xm $ ~ r . i Tl O i O ,~. i 9 C ' ~Q 1 L 1 1 I 1 1 O ~ L ~'. O ~. 0 N ^~', N ?CaVp ~ ~~~ N ~~ N O 8 0 ~. 0 O ~ O b Z.4.' o ~. 6 Z, L~ 0~ m ~ b ~ ~ J P ~ a ti ~ ~~~ s ~`T~.~ N H D O 9 2' 0 O i _1 ~'Z~ O ~\~ ~~~ ~b~ ~ ~ _~ °~~ `~ ~~~ ~~ ~~~~ ~v o '• ~ W ~ ~ ~ ~1y -i.oz x ,~ ~ d~L I df1.71 tl3ld SS3~9~ DOOM 10~ -^ '- ~Ni~add l_ ~ ~ - -- .._, dWd2i i-~- ~ ae x x ~ ~~~ ~~~ ~~~ ~~~~ .~ o m o ~ ~N ~~ ~~ ~~ -~ N r n ~ ~ m ~ r~- W ~~ ~~ -~ II el 1 .;~ a I ~ m I N a ~~ 8lM r W r 1M ~~~ ~ - --- ~~~ ~~c m~~ ~ ~~ ~~ ~~ ~~ xT~ =J ~~~ ~~ ~~~ ~~~ ~~~ ~' ~~ ~ ~~ d `,g N1 r ~y m ~ ~ J cn z ~+7 +, y m r- ., C. m ,. i o ~" I'> ~ 1~~ ~: V r_> ~~ m `~ w q r.> ~~ N ~ ~ N o~ ~° ~ ~ ~. i ~~ ~~ ~ ~ ~ X ~ O o ~ ~ rn ~ ~ z ~ ~ ~ D ~ ~ N~ ~ b z ~ 7 _~ N o ~ ~ soy ~ ~ ~ w ~ ~_1 °q a ~ ~~ \ z O 9 ~ °~~ ~ CO ~s ~~ ~ ~ a D ~ y United States Department of the Interior FISH AND WILDLIFE SERVICE', Raleigh Field Office Post Office E3ox 33726 Raleigh, North Carolina 27636-3726 November 9, 2006 Bill Biddlecome U.S. Army Corps of Engineers P.O. Box 1000 Washington, NC 27889-1000 Dear Mr. Biddlecome: This letter is in response to your request for comments on Public Notice ID No. SAW-2006- 41252-128, dated November 2, 2007. The North Carolina Department of Transportation has applied for a Department of the Army permit to impact 0.48 acres of estuarine shallow bottom habitat to expand the Stumpy Point Emergency Ferry Terminal in Dare County, North Carolina (TIP No. R-3116J). These comments are provided in accordance with provisions of the Fish. and Wildlife Coordination Act (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). Based on the available information, we do not believe that the proposed activities will have significant adverse and/or irreversible effects on fish and wildlife resources. Therefore, the Service has no objection, from the standpoint of fish and wildlife, to the issuance of a permit related to the proposed activities. The Service appreciates the opportunity to review this project. If you have any questions regarding our response, please contact Mr. Gary Jordan at (919) 856-4520, ext. 32. Sincerely, JI ' L;~M '.~,, ,.i..,. ,/ --i" j~r1- Pete Benjamin Field Supervisor cc: Chris Militscher, USEPA, Raleigh, NC Travis Wilson, NCWRC, Creedmoor, NC David Wainwright, NCDWQ, Raleigh, NC o ~`` 6~- 6~, ~\o ~ ~ a o ~,~. o ~~ y~ ~~ ~ ~ ~ ~ ~ ~ ~ ~ o ~ .y ~ o ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 1 - - L - - - - ,96--'~r~'~,9LT}-~~ Leo ° 1- X ~ `'~ 1 ~~ ~ 1 ~-^~ - O 1 OZ/~~ O \l J m N ' ~ N I x ~ oQ Q 1 m ~ T p i ~ w~-7'I ~ V ~ N -~ 01 +..`~N g ~~ b ~`~ ~ O -~ m V~ \\ 1 1 v 0 1 n ' z 1 I 103033N Sy3 a511~ 3,131E ~NINN~1 O ~ ~. ~,' OI~Ltl~A~ X~aaSOd~ d O L~ ~~ N 4 N 41 ~ ~~ N ~ (q o a m m ~ w $~ sZ ~~, a ~ -1~~,,~~ r° IW~ m N ~ w y , ~ ~ ~ D ~ - N o ~•2' O 92 ~\' _ .~ ~~~ ~ ~~,a °~~ ~ ~ ~~'~ ~o~~ ~.y •8 135 131d X1M i C ~$~ o~ ~~ ~ ~~ ~i ~ ~~ rn ~ ran ~ ~ Z rn ti r m r I z ~ ~ :~ -I c ~~ ~ ~• a~ 0 0 b C O . r. .~ O O a a on .~ .., w ~~ ~~ ~~l ~~ ~C~~1 ~~ ~ ~rw~ ~•7n y'7T ~ ,~/ U~, X06' ~.~' ® North Carolina Wildlife Resources Commission ~ Richard 13. Hamilton, Executive Director MEMORANDUM TO: Melba McGee Office of Legislative and Intergovernmental Affairs, DENR FROM: Travis Wilson, Highway Project Coordinatot~~ ~~ Habitat Conservation Program DATE: October 19, 2006 SUBJECT: North Carolina Department of Transportation (NCDOT) Addendum to the State Environmental Assessment/ Finding of No Significant Impact for the proposed improvements to the Stumpy Point Bay Emergency Ferry Terminal, Dare County, North Carolina. TIP No. R-3116J, SCH Project No. 07-0097 Staff biologists with the N. C. Wildlife Resources Commission have reviewed the subject addendum and are familiar with habitat values in the project area. The purpose of this review was to assess project impacts to fish and wildlife resources. Our comments are provided in accordance with certain 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). NCDOT is proposing to expand the ferry basin at Stumpy Point by dredging an area 60 feet by 350 ft on the north side of the exiting basin to a depth of 8 ft. A survey for submerged aquatic vegetation (SAV) shows no SAV is located within the project area as well as no significant impacts to Essential Fish Habitat. NCDOT also has committed to conducting all construction work outside of the Stumpy Point wetland mitigation site. The project commitments outlined in the 2002 EA/FONSI will be applicable to this project, including utilizing a previous spoil disposal site located on the Alligator River National Wildlife Refuge. At this time, we concur with the addendum for this project. If we can be of any further assistance please call me at (919) 528-9886. cc: Gary Jordan, U.S. Fish and Wildlife Service, Raleigh ~ Memo October 19, 2006 Brian Wrenn, DWQ, Raleigh Bill Biddlecome , U.S. Army Corps of Engineers, Wilmington Cathy Brittingham, DCM United States De artment of the Interior ~~~ til FIST l AND WILDLIFE SERVICE `SF~ -~~"~ ~~~/'~'r. lc ~, Pc~.stl Offi e~ Bo 033726 ~T~'t'OSq 4 ly ~s ~~~ ., , ~~ ~OSr'Fk , ~ ~C... Raleigh, North Carolina 27636-372(, qQ~~ } September 18, 2006 ~~F'~s,~ Gregory J. Thorpe, Ph.D. North Carolina Department of Transportation Project Development and Environmental Analysis 1598 Mail Service Center Raleigh, North Carolina 27699-1598 Dear Dr. Thorpe: This letter is in response to your letter of September 12, 2006 which provided the U.S. Fish and Wildlife Service (Service) with the biological determinations of the North Carolina Department of Transportation (NCDOT) for federally listed species associated with the proposed emergency ferry landing at the current Stumpy Point Ferry Terminal in Dare County (TIP No. R-3116J). These comments are provided in accordance with section 7 of the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. 1531-1543). NCDOT has rendered the following biological determinations: Common Name Scientific Name Biolo ical Determination American alli ator Alli ator mississi iensis N/A Bald ea le Haliaeetus leucoce halus MA-NLAA Green sea turtle Chelonia m das No effect Hawksbill sea turtle Eretmochelys imbricata No effect Kem 's ridle sea turtle Le idochel s kem ii No effect Leatherback sea turtle Dermochel s coriacea No effect Lo erhead sea turtle Caretta caretta No effect West Indian manatee Trichechus manatus MA-NLAA Pi in lover Charadrius melodus No effect Red-cockaded wood ecker Picoides borealis No effect Red wolf Canis ru us MA-NLAA Roseate tern Sterna dou allii No effect Seabeach amaranth Amaranthus umilus No effect Shortnose stur eon ~ci enser brevirostrum No effect *MA-NLAA denotes may affect, not likely to adversely affect The American alligator does not require section 7 consultation since it is only listed due to similarity of appearance. According to the information provided, a bald eagle survey was conducted within one mile of the project area. No bald eagles or nests were observed. Based on the survey data and other information available, the Service concurs with the determination that the project may affect, but is not likely to adversely affect the bald eagle. The NCDOT has committed to implementing the Service's "GUIDELINES FOR AVOIDING IMPACTS TO THE WEST INDIAN MANATEE: Precautionary Measures for Construction Activities in North Carolina Waters." Based on this commitment and all available information, the Service concurs that the proposed project may affect, but is not likely to adversely affect the West Indian manatee. Based on all available information, the Service concurs that the project may affect, but is not likely to adversely affect the federally listed red wolf. With regard to beach nesting habitat, the Service concurs that the project will have no effect on any of the sea turtle species. However, listed sea turtles are also under the purview of the National Marine Fisheries Service (NMFS) for the aquatic aspect of their habitat. The shortnose sturgeon is also under the purview of the NMFS. Please consult with the NMFS for these species. Based on the lack of habitat, the Service concurs that the proposed project will have no effect on the federally listed piping plover, red-cockaded woodpecker, roseate tern and seabeach amaranth. We believe that the requirements of section 7(a)(2) of the ESA have been satisfied. We remind you that obligations under section 7 consultation must be reconsidered if: (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered in this review; (2) this action is subsequently modified in a manner that was not considered in this review; or (3) a new species is listed or critical habitat determined that maybe affected by this identified action. The Service appreciates the opportunity to review this project. If you have any questions regarding our response, please contact Mr. Gary Jordan at (919) 856-4520 (Ext. 32). Sincerely, ~' rr~ Pete Benjamin ` Field Supervisor cc: Bill Biddlecome, USACE, Washington, NC Brian Wrenn, NCDWQ, Raleigh, NC Travis Wilson, NCWRC, Creedmoor, NC Chris Militscher, USEPA, Raleigh, NC John Sullivan, FHwA, Raleigh, NC TIP # R-31161 Stumpy Point Ferry Terminal Expansion Subject: TIP # R-31161 Stumpy Point Ferry Terminal Expansion From: "Biddlecome, William J SAW" <William.J.Biddlecome@saw02.usace.army.mil> Date: Fri, 14 Apr 2006 12:33:15 -0400 To: <bsmyre@dot.state.nc.us> CC: "Gary Jordan" <Gary_Jordan@fws.gov>, "Wilson, Travis W." <travis.wilson@ncwildlife.org>, <brian.wrenn@ncmail.net>, "smtp-Sechler, Ron" <ron.sechler@noaa.gov>, "smtp-Winslow, Sara" <sara.winslow@ncmail.net>, <militscher.chris@epamail.epa.gov>, <Matthews.Kathy@epamail.epa.gov> Beth, I haven't had time to draft a letter concerning your February 23, 2006 scoping letter for the above project so this a-mail is acting as the official correspondence. The project as proposed would require an Individual Permit from the Corps of Engineers for the expansion of the basin by approximately .5 acres and the associated additional docking locations. Based on the information provided it appears jurisdictional wetlands may be impacted by the project. Department of Army (DA) 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 wetlands in conjunction with this project. Additionally, the waters of the Pamlico Sound are Section 10 waters which would require a Section 10 permit pursuant to the River and Harbors Act of 1899. The individual permit 1 mentioned above would cover the activities for both Section 10 and 404. Environmental concerns with this project include the destruction and filling of wetlands, the destruction of Submerged Aquatic vegetation (SAV's) and the associated impacts to Essential Fish Habitat (EFH). The Corp also agrees and supports the comments provided to you in letters from the U.S. Fish and Wildlife (FWS), North Carolina:, Wildlife Resources Commission (NCWRC), and the North Carolina Division of Water Quality (DWQ) dated March 15, 2006, and March 22, 2006. All work related to Federal Endangered Species as required by Section 7 of the Endangered Species Act including- copies of all correspondence and meeting minutes with NOAA Marine Fisheries Service and the US Fish and Wildlife Service associated with the project should be coordinated with this office. Additionally, work related to the Magnuson-Stevens Fishery Conservation Act coordinated through NOAA Marine Fisheries should be coordinated with this office. also. I thank you for your time and cooperation. If you have questions, comments or require additional information, please contact me at (252) 975-1616, extension 26. Bill Biddlecome NCDOT Project Manager Regulatory Field Office Washington 1 of 1 4/21/2006 3:45 PM ~. r ~ ~ United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 March 15, 2006 Gregory J. Thorpe, Ph.D. North Carolina Department of Transportation I'rojcct Development and Envll'Ollmcntal Analysis 1548 Mail Scrvicc Center IZalcigh, North Carolina 27699-1548 Dear Dr. Thorpe 'Phis letter is in response to your request Tor comments from the U.S. Fish and Wildlife Service (Scrvicc) on the polcntial environmental effects of the proposed expansion of the Stumpy Point Ferry 'T'erminal iu Dare County, North Carolina (TIP No. R-31 16,1). These comments provide scoping information in accordance with provisions of the Fish and Wildlife Coordination Act (16 U.S.C. 661-6674) and section 7 ol~the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. 1531-1543). According to the information provided, the North Carolina Department of 'T'ransportation (NCDOT) proposes to expand the existing leery basin by dredging an area approximately GO leet by 350 feel and adding two additional docking locations. During a March 14, 2006 telephone conversation, Mr. Clay Willis of NCDOT' stated to Mr. Gary .lordan of the Scrvicc, that the adjacent Stumpy Point Wetland Mitigation Site would not be affected by this project. Mr. Willis also stated that a submerged aquatic vegetation survey would be conducted at the project site. We believe that this is prudent. Section 7(a)(2) of the Endangered Species Act requires that all federal action agencies (or their designated non-federal representatives), in consultation with the Service, insure that any action federally authorised, Iluulcd, or carried out by such agencies is not likely to jeopardize the continued existence of any Icderally-listed threatened or endangered spccics. A biological assessment/evaluation may be prepared to fulfill the section 7(a)(2) requirement and will expedite the consultation process. To assist you, acounty- by-county list of federally protected species known to occur in North Carolina and information on their life histories and habitats can be found on our web page at http__//nc-cs.l~~~s~ov/es/co~nllYfr.html . 'T'he North Carolina Natural f-Ieritage Program (NCNHP) database indicates an occurrence of the Icderally endangered West Indian manatee (Trichcc/rus rr~nwatus) near the project area. To minimize the polcntial Tor adverse effects to this spccics, we recommend that the Se--vicc's CUIUCI,IM?S I+OR AVOIDING IMPACTS 7'O THC; WI:S'r INDIAN MANATCE: Precautionary Measures for Construction Activities in North Carolina Waters be implemented as part of the project. These guidelines can be found at I-ttp_//nc-es.fws.~~ov/mammal/manatce~delines.~.df. I f you determine that the proposed action may aflccl (i.c., likely to adversely affect or not likely to adversely affect) a listed spccics, you should notify this o1~Iicc with your detu~mination, the results of your surveys, survey methodologies, and an analysis of the cf~lects of the action on listed spccics, including consideration of direct, indirect, and cumulative cllccts, bclorc conducting any activities that might aflcct the spccics. I f you determine that the proposed action will have no effect (i.e., no beneficial or adverse. direct or indirect eftcct) on listed spccics, then you are not required to contact our office for concurrence. 1~ We reserve the right to review any federal permits that may be required for this project, at the publ-c notice stage. 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 this project include the following in sufficient detail to facilitate a thorough review of the action: 1. A clearly defined and detailed purpose and need for the proposed project; 2. A description of the proposed action with an analysis of all alternatives being considered; 3. A description of the fish and wildlife resources, and their habitats, within the project impact area that may be directly or indirectly affected; 4. 'fhc extent and acreage of waters of the U.S. that arc to be impacted by tilling, dredging, clcarinc, ditching, or draining. Acres of wetland impact should he differentiated by habitat type based on the wetland classification scheme of the National Wetlands Inventory (NW1). Wetland boundaries should be determined by using the 1987 Corps of En ti-~, )ecrs Wetlands Dclincat_ion Manual and verilicd by the U.S. Army Corps of Engineers; 5. The anticipated cnvironmcntal impacts, both teu)pora-y 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; G. Design features and construction techniques which would be employed to avoid or minimiic impacts to fish and wildlife resources, both direct and indirect; 7. If unavoidable wetland impacts arc proposed, pro.jcct planning should include a compensatory mitigation plan for offsetting the unavoidable impacts. "The Service appreciates the opportunity to comment on this project. 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 our response, please contact Mr. Crary Jordan at (919) x56- 4520, ext. 32. Sincerely, -~ ''~r•.. Pctc Benjamin Ecological Services Supervisor cc: Bill Biddlccon)c, USACI:, Washington, NC Brian Wrenn, NCDWQ, Raleigh, NC' Travis Wilson, NCWRC, Crccdnuxn•, NC' Chris Militscher, USEPA, Raleigh, NC .lohn Sullivan, f 1IwA, Raleigh, NC' T1P # R-3116) Stumpy Point Ferry Terminal Expansion Subject: TIP # R-31 16J Stumpy Point Ferry Terminal Expansion From: "Biddlecome, William J SAW" <William.J.Biddlecome@saw02.usace.army.mil> Date: Fri, 14 Apr 2006 l 2:33:15 -0400 To: <bsmyre@dot.state.nc.us> CC: "Gary Jordan" <Gary_Jordan@fws.gov>, "Wilson, Travis W." <travis.wilson@ncwildlife.org>, <brian.wrenn@ncmail.net>, "smtp-Sechler, Ron" <ron.sechler@noaa.gov>, "smtp-Winslow, Sara" <sara.winslow@ncmail.net>, <militscher.chris@epamail.epa.gov>, <Matthews.Kathy@epamail.epa.gov> Beth, I haven't had time to draft a letter concerning your February 23, 2006 scoping letter for the above project so this a-mail is acting as the official correspondence. The project as proposed would require an Individual Permit from the Corps of Engineers for the expansion of the basin by approximately .5 acres and the associated additional docking locations. Based on the information provided it appears jurisdictional wetlands may be impacted by the project. Department of Army (DA) 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 wetlands in conjunction with this project. Additionally, the waters of the Pamlico Sound are Section 10 waters which would require a Section 10 permit pursuant to the River and Harbors Act of 1899. The individual permit I mentioned above would cover the activities for both Section 10 and 404. Environmental concerns with this project include the destruction and filling of wetlands, the destruction of Submerged Aquatic vegetation (SAV's) and the associated impacts to Essential Fish Habitat (EFH). The Corp also agrees and supports the comments provided to you in letters from the U.S. Fish and Wildlife (FWS), North Carolina Wildlife Resources Commission (NCWRC), and the North Carolina Division of Water Quality (DWQ) dated March 15, 2006, and March 22, 2006. All work related to Federal Endangered Species as required by Section 7 of the Endangered Species Act including copies of all correspondence and meeting minutes with NOAH Marine Fisheries Service and the US Fish and Wildlife Service associated with the project should be coordinated with this office. Additionally, work related to the Magnuson-Stevens Fishery Conservation Act coordinated through NOAA Marine Fisheries should be coordinated with this office also. I thank you for your time and cooperation. If you have questions, comments or require additional information, please contact me at (252) 975-1616, extension 26. Manager Regulatory Field Office Bill Biddlecome NCDOT Project Washington 1 of 1 4/18/2006 9:03 AM ~o~ ~~ ~.~ ~~ 'STrF,~ °06 0 q~R~ ® North Carolina Wildlife Resources Commission MEMORANDUM Richard l3. Hamilton, Exccutivc Uircctor TO: Melba McGee Office of Legislative and Intergovernmental Affairs, DENR FROM: Travis Wilson, Highway Project Coordinator _,~~,.,` ~~~ j~= Habitat Conservation Program ~1~.~ DATE: March 22, 2006 SUBJECT: Response to the start of study notification from the N. C. Department of Transportation (NCDOT) regarding fish and wildlife concerns for the proposal to expand the Emergency Ferry Terminal at Stumpy Point in Dare County, North Carolina. TIP No. R-3116J, SCH Project No. 06- 0259. This memorandum responds to a request from Gregory J. Thorpe of the NCDOT for our concerns regarding impacts on fish and wildlife resources resulting from the subject project. Biologists on the staff of the N. C. Wildlife Resources Commission (NCWRC) have reviewed the proposed improvements. Our comments are provided in accordance with certain 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). NCDOT is proposing to expand the emergency ferry terminal at Stumpy Point. This proposal includes dredging an area approximately 60 feet by 350 feet to enlarge the existing ferry basin. There is potential for the proposed dredge area to contain Submerged Aquatic Vegetation (SAV's). NCDOT should survey this area to determine the presence or absence of SAV's. NCDOT currently manages a mitigation site adjacent to the existing ferry terminal. Impact to this mitigation site should be avoided. To help facilitate document preparation and the review process, our general informational needs are outlined below: 1. Description of fishery and wildlife resources within the project area, including a listing of federally or state designated threatened, endangered, or special concern species. Potential borrow areas to be used for project construction should be included in the inventories. A listing of designated plant species can be developed through consultation with: The Natural Heritage Program Memo 2 March 22, 2006 N. C. Division of Parks and Recreation 1615 Mail Service Center Raleigh, N. C. 27699-1615 (919)733-7795 W W W.ncsparks.net/nhp and, NCDA Plant Conservation Program P. O. Box 27647 Raleigh, N. C. 27611 (919) 733-3610 2. Description of any streams or wetlands affected by the project. The need for channelizing or relocating portions of streams crossed and the extent of such activities. 3. Cover type maps showing wetland acreages impacted by the project. Wetland acreages should include all project-related areas that may undergo hydrologic change as a result of ditching, other drainage, or filling for project construction. Wetland identification may be accomplished through coordination with the U. S. Army Corps of Engineers (COE). If the COE is not consulted, the person delineating wetlands should be identified and criteria listed. 4. Cover type maps showing acreages of upland wildlife habitat impacted by the proposed project. Potential borrow sites should be included. 5. The extent to which the project will result in loss, degradation, or fragmentation of wildlife habitat (wetlands or uplands). 6. Mitigation for avoiding, minimizing or compensating for direct and indirect degradation in habitat quality as well as quantitative losses. 7. A cumulative impact assessment section which analyzes the environmental effects of highway construction and quantifies the contribution of this individual project to environmental degradation. 8. A discussion of the probable impacts on natural resources which will result from secondary development facilitated by the improved road access. 9. If construction of this facility is to be coordinated with other state, municipal, or private development projects, a description of these projects should be included in the environmental document, and all project sponsors should be identified. 10. A discussion of potential disposal sites for the dredge material, and any impacts associated with the disposal of the dredge material. Thank you for the opportunity to provide input in the early planning stages for this project. If we can further assist your office, please contact me at (919) 528-9886. Cc: Bill Biddlecome, USAGE Brian Wrenn, DWQ Gary Jordan, USFWS Cathy Brittingham, DCM .o~Or Y c9pG ~ r >_ y O 'C MEMORANDUM March 22, 2006 To: Melba McGee, Environmental Coordinator, Office of Legislative and Intergovernmental Affairs l.~" - From: Brian L. Wrenn, Transportation Permitting Unit, NCDWQ Subject: Request for Scoping Comments for the Proposed Expansion of the Stumpy Point Ferry Terminal in Dare County, TIP Project No. R-3116J, WBS 34525, State Clearinghouse Project No. 06-0259. This office has reviewed the referenced document. The Division of Water Quality (DWQ) is responsible for the issuance of the Section 401 Water Quality Certification for activities that impact Waters of the U.S., including wetlands. Based on a preliminary review of the project study area, DWQ has the following comments: Stream/Surface Water • River Basin Classification Stream Index No. Stum Point Ba Pas uotank SA; HQW 30-22-8 Project Specific Comments: Stumpy Point Bay is class SA; HQW waters of the State. This is one of the highest quality water systems in the State and an important nursery area and shellfish habitat. Any land disturbing activities in this area should meet the requirements of Design Standards in Sensitive Watersheds (15A NCAC 04B .0124). In addition, if a state storm water permit is required, the storm water plan must meet the requirements for HQW in 15A NCAC 02H .1006. 2. Dredged material from this project should be properly disposed of in approved spoil disposal sites. Proper sediment and erosion control measures should be in place to prevent water quality standard violations due to storm water runoff from these sites. 3. Submerged aquatic vegetation (SAV) surveys should be conducted prior to dredging. Impacts to SAV populations should be avoided and minimized to the maximum extent possible. Any direct impacts to SAV populations may require mitigation through preservation, enhancement or restoration activities. NCDOT should develop and submit a mitigation plan for any impacts to SAVs as part of the 401 Water Quality Certification. 4. Preliminary review of the areas adjacent to the existing terminal appear to be wetlands and are most likely areas of environmental concern (AECs). The proposed docking sites should not impact wetlands. General Comments: 1. In accordance with the Environmental Management Commission's Rules { 15A NCAC 2H.0506(b)(6)}, mitigation will be required for impacts of greater than 1501inear feet to any single perennial stream. In the event that mitigation is required, the mitigation plan should be designed to replace appropriate lost functions and values. In accordance with the Environmental Manageme~tt wr_°_:~, Transportation Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919.733-17861 FAX 919.733.6893 /Internet: http://h2o.enr.state.nc.us/ncwetlands William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper March 22, 2006 Page 2 Commission's Rules { 15A NCAC 2H.0506 (h)(3) }, the NC Ecosystem Enhancement Program may be available for use as stream mitigation. A discussion of potential mitigations strategies should be included in the EA. 2. If concrete is used during construction, a dry work area should be maintained to prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete should not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. 3. Sedimentation and erosion control measures sufficient to protect water resources must be implemented prior to any ground disturbing activities. Structures should be maintained regularly, especially following rainfall events. 4. Bare soil should be stabilized through vegetation or other means as quickly as feasible to prevent sedimentation of water resources. 5. Sediment and erosion control measures should not be placed in wetlands. 6. Borrow/waste areas should avoid wetlands to the maximum extent practicable. Impacts to wetlands in borrow/waste areas could precipitate compensatory mitigation. 7. If foundation test borings are necessary; it should be noted in the document. Geotechnical work is approved under Genera1401 Certification Number 3027/Nationwide Permit No. 6 for Survey Activities. 8. All work in or adjacent to stream waters should be conducted in a dry work area. Sandbags, rock berms, cofferdams, or other diversion structures should be used where possible to prevent excavation in flowing water. 9. Heavy equipment should be operated from the bank rather than in stream channels in order to minimize sedimentation and reduce the likelihood of introducing other pollutants into streams. This equipment should be inspected daily and maintained to prevent contamination of surface waters from leaking fuels, lubricants, hydraulic fluids, or other toxic materials. Thank you for requesting our input at this time. The DOT is reminded that issuance of a 401 Water Quality Certification requires that appropriate measures be instituted to ensure that water quality standards are met and designated uses are not degraded or lost. If you have any questions or require additional information, please contact Brian Wrenn 919-733-5715. pc: Bill Biddlecom, USAGE Washington Field Office Garcy Ward, NCDWQ, Washington Regional Office Chris Militscher, USEPA Travis Wilson, NCWRC Gary Jordan, USFWS File Copy ,~ Department of Environment and Natural Resources Office of Legislative and Intergovernmental Affairs Project Review Form Project Number: 06-0259 County: Dare Date Received: 03/01/2006 Due Date: 03/23/2006 'roject Description: Proposal to expand the Emergency Ferry Terminal at Stumpy Point. This entails dt•edging an area approximately 60 ft by 350 ft and adding two additional docking locations. TIP R-3116) 'I'bis Project is being reviewed as indicated below: Regional Office Regional Office Area In-House Review i h Fi i Asheville _•~ Air Soil & Water er es s ne ~.. Mar Payettevil~e W t ~ Coastal Management '-~ Water Resources _~ er a Wildlife ~ Environmental Health Mooresville ~ Groundwater Raleigh _ Solid Waste Mgmt ~_ Land Quality Engineer ~(_ Wildlife -DOT Radiation Protection ~- Washington Forest Resources Wilmington Other Winston-Salem Land Resources ~_ Parks & Recreation Water Quality ~_ Water Quality -DOT Air Quality Manager Sign-Off/Region: Date: In-House Reviewer/Agency; Response (check all applicable) No objection to project as proposed. No Comment Insufficient information to complete review Other (specify or attach comments) Regional Office Only: Please log into the IBEAM system and update your comments in the DSS (Decision Support System) application, SEPA module. If you have any questions, please contact: Melba McGee, Environmental Coordinator at melba.mcgee@ncmail.net n ~~~ Db~ MAR D 6 ~I1r15 (i~c~~k- wAltk ~vF-,;_AwDSANOSTORMh,ATE g~yGi .. • ~4 ~5 Cc i ti ` ~` ~' 20 ~ ~ ~ ~. os ~_ ~ STATE OF NORTH CAROLINA f'6l DEPARTMENT OF TRANSPORTATION ~l~l~~ nl ~ u MICHAEL F. EASLEY GOVERNOR February 23, 2006 MEMORANDUM TO: FROM: SUBJECT: Ms. Chrys Baggett, Director State Clearinghouse Department of Administration Gregory J. Thorpe, Ph.D., Director Project Development and Environment Stumpy Point Ferry Terminal Expansiol WBS 34525, TIP Project No. R-3116) LYNDO TIPPETT SECRETARY This is to inform you that the Project Development and Environmental Analysis Branch is starting the project development, environmental and engineering studies for the proposed expansion of the Emergency Ferry Terminal at Stumpy Point. Construction is currently scheduled for fiscal year 2007. The proposed project includes expanding the existing ferry basin by dredging an area approximately 60 feet by 350 feet and adding two additional docking locations. The expanded basin is necessary to operate the proposed Stumpy Point to Rodanthe emergency ferry route, to be implemented if the Herbert C. Bonner Bridge over Oregon Inlet has to be closed. We would appreciate any information you might have that would be helpful in evaluating potential environmental impacts of the project. If applicable, please identify any permits or approvals that may be required by your agency. We would appreciate your response by March 31, 2006. An addendum to the 2002 State EA/FONSI will be prepared for this project. This document will be prepared in accordance with the State Environmental Policy Act. If you have any questions concerning the project, please contact Beth Smyre, Project Development Engineer, of this Branch at (919) 733-7844, Ext. 333. Please include the TIP Project Number in all correspondence and comments. GJT/plr Attachment N MAILING ADDRESS: TELEPHONE: 919.733-3141 LOCATION: NC DEPARTMENT OF TRANSPORTATION FAX: 919-733-9794 TRANSPORTATION BUILDING PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 1 SOUTH W ILMINGTON STREET 1548 MAIL SERVICE CENTER WEBSITE: WWW.NCDOT.ORG RALEIGH NC RALEIGH NC 27699-1548 ,. Stumpy Point, Dare County i~ p~ ; 1 j 4 : 1 n ...,~ rr r ~ ~~ ` ~ +i ~ ~ f - I t - I ~ i ~ ~ . 1 y ~ _ ~ - ( ~ ~ .~, ~~' ky ` . ~ : _ r fl f t r. y I ~ y, >r j r R O A f A M - ~ .. 5~1 i ., I r~ i ~' ~i -. _ N~ _ ~) ~ ~ ~ - 0 - '' ,rye - -' - ~, w ~ ` .w` 3 ~ i, - - , ti F Project Location M1 ~;+ p;,,;;,;,;~ _ _ -~ +. ~• - ti~' _ - ".' ., i r .5 ~ ~ ~ • ~ ,, i '~y _- -. -~1• ~_,- _ e~ - i - ti~ ~_ -- ~'` ~'f ,,. A ~ ~ -s ~ r` ~ - .t~iU~1R .' _ ^:; i ~j t ... I _ I .. ~g~~~' t. , ~ c N~ { .. ~,I #R .t ~ .~ l 'Y a • •) ^ . r i , ! , k '~ ~ "' k f i i y - ~ sh c . , ? ~M d k ~ •r~i a - ~ `n ~ ~ is ~ ° . .+ 1 ~ g ' „y i ~ j ~ ~~ ..T _}i 1' rR , . 1 ~ ~~. ~ra,L r~ . ~ i I r N 0 1 2 4 Miles i 7 7I l~i~l .. . Stumpy Point, Dare County ~~ N ' ~ ~ ~I ~~ i i 0 250 500 1,000 Feet STATE OF NORTH CAROLINA DEPARTZVIENT OF TRANSPOR' MICHAEL F. EASLEY GOVERNOR February 23, 2006 MEMORANDUM TO: Ms. Nicole Thomson Division of Water Quality/Wetlands Central Office 0~^ (~~ n,~..~A~ O 1 ~ LYNDO TIPPI SF,CRITARY FROM: Gregory J. Thorpe, Ph.D., Director Project Development and Environmenta SUBJECT: Stumpy Point Ferry Terminal Expansiol WBS 34525, TIP Project No. R-3116) ~ This is to inform you that the Project Development and Environmental Analysis Branch is starting the project development, environmental and engineering studies for the proposed expansion of the Emergency Ferry Terminal at Stumpy Point. Construction is currently i scheduled for fiscal yeaz 2007. The proposed project includes expanding the existing ferry basin by dredging an area approximately 60 feet by 350 feet and adding two additional docking locations. The expanded basin is necessary to operate the proposed Stumpy Point to Rodanthe emergency ferry route, to be implemented if the Herbert C. Bonner Bridge over Oregon Inlet has to be closed. We would appreciate any information you might have that would be helpful in evaluating potential environmental impacts of the project. If applicable, please identify any permits or approvals that may be required by your agency. We would appreciate your response by March 31, 2006. An addendum to the 2002 State EA/FONSI will be prepared for this project. This document will be prepared in accordance with the State Environmental Policy Act. If you have any questions concerning the project, please contact Beth Smyre, Project Development Engineer, of this Branch at (919) 733-7844, Ext. 333. Please include the TIP Project Number in all correspondence and comments. GJT/plr Attachment MAILING ADDRESS: NC DEPARTMENT OF TRANSPORTATION PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 1548 MAIL SERVICE CENTER RALEIGH NC 27899-1548 TELEPHONE: 919-733-3141 FAX: 919-733-9794 WEBSITE: WWW.NCDOT.ORG LOCATION: TRANSPORTATION BUILDING 1 SOUTH WILMINGTON STREET RALEIGH NC 0 D S 1 i ~ I I i Stumpy Point, Dare County . ~, ~ f 11 fi M1 1 A K d' '~ -_ N i N 'i, ~ I _ _ _ , • ' _ - _~_ _ r Project Location '~ r; ~;,' n ,, . .,. M1 .. ~ }~ .- .~ ,+~-..~ r,... i .ti Y i ~ M I 'L ~ I +: ' k y .. ~ 1_ - ~ i -. S ~ ,' Win. ~.-. i _ ' ' i 1 I r r - N 0 1 2 4 Miles I I i ~ I i i I I I 1 Stumpy Point, Dare County `i _1 L: ~ I I I I I~ I`~, I N ,, i 0 250 500 1,000 Feet