HomeMy WebLinkAbout20110023_Other Agency Comments_20110329\ ?'
(9) IN REPLY REFER TO
Regulatory Division
Subject: Action ID. 199303077
Dr. Gregory J. Thorpe, Ph.D.
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DEPARTMENT OF THE ARMY c,?
WILMINGTON DISTRICT, CORPS OF ENGINEERS l
Washington Regulatory Field Office
Post Office Box 1000
Washington, North Carolina 2788 M
March 25, 2011
Environmental Management Director, PDEA
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina 27699-1548
Dear Dr. Thorpe:
Please reference the March 16, 2011, Merger 01 Design-Build question and answer meeting
and the subsequent March 17, 2011, e-mail from Beth Smyre requesting comments on the
Environmental Permits Scope of Work that is currently included in the draft design-build
Request for Proposal (RFP) for the NC 12 Replacement of Herbert C. Bonner Bridge, TIP No.
B-2500; Dare County; North Carolina. During the meeting it became apparent there was
considerable confusion over issues relating to SAV habitat, SAV presence, SAV survey
requirements, SAV mitigation, and work restrictions relating to possible in-water work
moratoriums, etc. -This proposed project has been ongoing for the last 21 years because of
multiple highly controversial and complex issues. Over that time there have been many
alternatives studied, major changes in alternative locations and numerous Environmental
Documents. Because of.this long process, the many changes, the necessary approvals required
from several Federal and State agencies, and the Corps legal requirements as a major permitting
agency, we want to insure that all the necessary steps have been satisfactorily completed prior to
permit submittal so that no unexpected delays are realized. In regards to that we have the
following comments:
1. As the Lead Federal Agency for this project, it appears FHWA has, for the most part,
satisfied the requirements of the National Environmental Policy Act (NEPA) and the
requirements set by the Council on Environmental Quality (CEQ) (40 CFR [Code of Federal
Regulations] 1505.2). However, as we continue to move forward as a cooperating agency with
separate permitting authority, we want to insure that the requirements as expressed in 33 CFR
parts 320-324, and the applicable statutes have been fully satisfied. These include the Fish and
Wildlife Coordination Act; the National Historic Preservation Act; the Endangered Species Act;
the Coastal Zone Management Act; and the Magnuson-Stevens Fishery Conservation and
Management Act. '
2. Other issues identified in the past that still need approval or continued coordination to keep
the project moving forward are: a) the permitting of terminal groin, b) right of way acquisition
on Pea Island for the southern approach of the bridge, c) special use permits from FWS and the
NPS, d) mitigation approvals for SAV and wetland impacts, and, e) storm water approval.
3. Due to its long and complicated planning history and the process by which different
Federal Agencies satisfy their statutory requirements, we believe that the requirements found in
the Magnuson-Stevens Fishery Conservation and Management Act (EFH) may still be
unresolved. Project Commitments were made in regards to NOAA`s National Marine Fisheries
Service (NMFS) responsibilities under Section 7 of the Endangered Species Act but the
commitments made in regards to EFH are unclear. Most of NMFS's comments for the project
were based on the Phased Approach/Rodanthe Bridge Alternative. Their emphasis was on
impacts to the surf zone and near shore ocean of phases II-IV. It is unclear to us if the NMFS
comments made on the phased approach also included the parallel bridge alternative as at that
time they still expressed their strong support for the Pamlico Sound Bridge Alternative because it
best supported the purpose and need for the project with the least impact to important estuarine
and marine resources. To our knowledge NMFS did not comment on the Environmental
Assessment, signed in May, 2010, which changed the Preferred Alternative from the Phased
Approach to the Parallel Bridge Corridor with NC 12 Transportation Management Plan. On
pages 2-23 and 2-28 of the EA, it states that in a letter dated October 27, 2008 from NOAA
Fisheries, NOAA did not object to the finding that the overall effect of the project on EFH-was
not anticipated to be adverse. However, we have been unable to find any documentation that
NMFS presented EFH conservation recommendations to NCDOT or FHWA beyond what was
stated in the above mentioned letter or assurances that the requirements of the Act have been
fully satisfied. In NMFS's October 27, 2008 letter they summarize that they believe direct
impacts to SAV and estuarine marsh (as it was relating to the Pamlico Sound Bridge Alternative)
could be adequately addressed through sequential mitigation. Based on this, we believe NMFS
would have the same requirements for impacts to SAV's and estuarine marsh for Phase I of the
current preferred alternative. Regardless of the consultation process that NC DOT and FHWA
utilized for this project, that documentation that we currently possess, including the referenced
EA, do not indicate that the requirements of the Act have been satisfied.
4. In the event EFH concerns have not been addressed, we would have no choice but to
initiate separate consultation with NMFS to ensure our statutory requirements are met. It is our
recommendation that FHWA and NCDOT update the 2008 EFH Assessment to focus
exclusively on the impacts to EFH for Phase 1 of the project. At which time future phases of the
project are known, a separate EFH Assessment would have to be completed for each phase.
Given the uncertainty regarding this issue, we believe it would be beneficial to schedule a
meeting between NCDOT, FHWA, NMFS, and the Corps to discuss this matter and resolve it in
the most efficient and expeditious way. We believe this would also expedite the Design-Build
process by providing the 3 design-build contractors with adequate information on which to base
their bids.
As a major permitting and cooperating agency, we appreciate the opportunity to coordinate
with you prior to the submission of the permit application. The Wilmington District is
committed to providing the highest level of support to the public. To help us ensure we continue
to do so, please complete the Customer Satisfaction Survey located at
http://pert.nwp.usace.army.mil/survey.html to complete the survey online. If you have any
questions regarding our comments, please do not hesitate to contact me at the Washington
Regulatory Field Office, telephone (910) 251-4558.
Sincerely,
1W) V'Xv.
.
William J. Biddlecome
Regulatory Project Manager
Copies Furnished:
Renee Gledhill-Earley
North Carolina State Historic Preservation Office
4617 Mail Service Center
Raleigh, North Carolina 27699-4617
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of Environment,
And Natural Resources
400 Commerce Avenue
Raleigh, North Carolina 28557-3421
Mr. Ron Sechler
National Marine Fisheries Service
101 Pivers Island Road
Beaufort, North Carolina 28516
Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
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Mr. Chris Militscher
U.S. Environmental Protection Agency
C/O FHWA, Raleigh Area Office
310 New Bern Avenue, Room 206
Raleigh, North Carolina 27601
Mr. Travis Wilson
Eastern Region Highway Project Coordinator
Habitat Conservation Program
1142 I-85 Service Road
Creedmoor, North Carolina 27522
Mr. Brian Wrenn
Water Quality Section
North Carolina Division of Environment
and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Ms. Jennifer Derby, Chief
Wetlands Section-Region N
Water Management Division
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
Mr. Clarence Coleman, PE
Federal Highway Administration
310 New Bern Avenue, Suite 410
Raleigh, North Carolina 27601-1418
Mr. Mike Murray
U.S. Department of Interior
National Park Service
Cape Hatteras National Seashore
1401 National Park Drive
Manteo, North Carolina 27954
Mr. Mike Bryant
U.S, Fish and Wildlife Service
Pea Island National Wildlife Refuge
P.O. Box 1969
Manteo, North Carolina 27954
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