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Home My WebLink About20111003 Ver 1_On Hold Request_20120412A� WDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild P E Dee Freeman Governor Director Secretary April 12 2012 CERTIFIED MAIL RETURN RECEIPT REQUESTED Dr Greg Thorpe PhD Manager Planning and Environmental Branch North Carolina Department of Transportation 1598 Mail Service Center Raleigh North Carolina 27699 1598 Subject The proposed improvements to US 70 from the existing four lanes at Radio Island to US 70 north of S R 1429 in Carteret County Federal Aid Project No STPNHF 70(43) State Project No 8 116250 TIP R 3307 NCDWQ Project No 20111003 Dear Dr Thorpe The Division of Water Quality is in the process of reviewing your submittal for a 401 Water Quality Certification and Isolated Wetlands Permit for the aforementioned project Because this project was applied for as an individual Permit (IP) State statutes require the NCDWQ to post a public notice for the project and allow the public and other stakeholders to comment on the proposed project The NCDWQ received comments from two stakeholders that the NCDWQ deems relevant to the protect and may ultimately have a bearing on the issuance of a 401 Water Quality Certification from the NCDWQ • Please review the two attached comment letters and supply the NCDWQ with a suitable and acceptable response Pursuant to 15A NCAC 2H 0507(e) we will have to place the permit application on hold until we receive a suitable response to the comments You have 21 days to respond in writing with the requested information or notification to this office that the information is forthcoming If at the end of the 21 days this office has not received this information in writing we will assume you are withdrawing your application and it will be returned Furthermore until the information is received by the NC Division of Water Quality we request (by copy of this letter) that the US Army Corps of Engineers place the permit application on hold If you have any questions or require additional information please contact David Wamwright at (919) 807 6405 or David Wainwright @ncdenr gov Sincerely / n Charles Wakild Director cc Tom Steffens US Army Corps of Engineers Washington Field Office Chris Militscher USEPA Region IV Atlanta Steve Sollod Division of Coastal Management Garcy Ward DWQ Washington Regional Office File Copy Transportation and Permitting Unit One 1650 Mail Service Center Raleigh North Carolina 276991617 NorthCarohna Location 512 N Salisbury St Raleigh North Carolina 27604 Phone 919- 807 -63001 FAX 919 -807 64921 Customer Service 1877-623-6748 �%t�19`!� Internet www ncwaterguality orq An Equal Opportunity 1 Affirmative Action Employer NR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor MEMORANDUM Division of Marine Fisheries Dr Louis B Daniel III Director Dee Freeman Secretary TO Tom Steffens, Corps of Engineers THROUGH Anne Deaton, DMF Habitat Section Chief FROM Jessi Baker DMF Marine Habitat Biologist SUBJECT US 70 Improvements from Radio Island to Olga Road, Carteret County DATE March 28, 2012 The North Carolina Division of Marine Fisheries (DMF) submits the following comments pursuant to General Statute 113 131 DMF has reviewed the revised CAMA Major permit application from the NCDOT regarding the proposed US 70 Improvements including the replacement of the bridge over Gallants Channel The in water construction of this project is not scheduled to be completed outside of a moratorium The in water work moratorium utilized by DMF is in place to protect fish species during the most productive portion of their growing season Dredging during this time period would result in significant adverse impacts to the fish and fish habitats in this area DMF will approve this project only if the requirement of the in water work moratorium of April 1St to July 31" is included as a permit condition Please feel free to contact Jessi Baker at (252) 808 8064 or lessi baker@ncdenr gov if you have any further questions or concerns 5285 Hwy 70 West Morehead City North Carolina 28557 Phone 252 808 80661 FAX 252 727 51271 Internet www ncdmf net Ar Equal Oppoftndy 1 A firmahve Action Emoloyer Noi thCaroln a Natuirallff UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration NATIONAL MARINE FISHERIES SERVICE ��resov� Southeast Regional Office 263 13th Avenue South St Petersburg, Florida 33701 5505 (727) 824 5317, FAX (727) 824 -5300 http //sero nmfs noaa gov/ April 2012 (Sent via electronic mail) Colonel Steven A Baker Commander US Army Corps of Engineers Wilmington District 69 Darlington Avenue Wilmington North Carolina 28403 1398 Attention Tom Steffens Dear Colonel Baker F /SER4 RS /pw NOAA s National Marine Fisheries Service (NMFS) reviewed Action ID No SAW- 2010 -02125 dated March 1 2012 The North Carolina Department of Transportation (NCDOT) proposes to increase the traffic carrying capacity of US 70 through the Town of Beaufort by replacing the existing drawbridge over Gallants Channel and related approaches with a longer high -rise fixed bridge and improving US 70 to a multilane facility The proposed 3 395 foot bridge would carry a four lane divided roadway with 12 foot travel lanes 8 -foot bridge offsets a 4 foot raised island and a 1 foot offset on each side In addition improvements to Turner Street include a 40- foot, three -lane curb and gutter section with two 12 -foot travel lanes and a 12 -foot center turn lane A 585 foot bridge with 8 foot offsets is proposed to replace the 61 -foot box culvert on Turner Street Total project length is 3 6 miles The Wilmington District's initial determination is the proposed project would adversely impact essential fish habitat (EFH) or associated fisheries managed by the South Atlantic Fishery Management Council Mid - Atlantic Fishery Management Council, or NMFS As the nation s federal trustee for the conservation and management of marine estuarine and diadromous fishery resources the following comments and recommendations are provided pursuant to the authorities of the Fish and Wildlife Coordination Act and the Magnuson Stevens Fishery Conservation and Management Act (Magnuson Stevens Act) Essential Fish Habitat in the Project Area The site of the proposed project includes estuarine emergent vegetation marsh edge and intertidal mudflats the South Atlantic Fishery Management Council (SAFMC) identifies these habitats as EFH for white shrimp (Litopenaeus setiferus) and brown shrimp (Farfantepenaeus aztecus) Coastal salt marshes are EFH for these species because larvae and juveniles concentrate and feed extensively within these habitats Consequently growth rates are high and predation rates are low which makes these habitats effective nursery areas for shrimp The At s � �MMOF �� waters of Town Creek and Gallant Channel are not officially designated as a primary nursery area however the habitats within the project area provide nursery services SAFMC provides detailed information on types and locations of EFH in a comprehensive amendment that applies to all fishery management plans prepared by SAFMC Other species of commercial recreational or ecological importance found in the project area include red drum blue crab Atlantic croaker spot Atlantic menhaden striped mullet and weakfish Several of these species are prey for fish managed by SAFMC (e g king mackerel Spanish mackerel and cobra) Impacts to Essential Fish Habitat Based on the information provided in the public notice and during NCDOT Merger Team meetings NMFS believes NCDOT has adequately avoided and minimized impacts to wetlands that support NOAA trust resources The unavoidable impacts to coastal habitats would be offset by 156 acres of on site restoration from causeway removal on Turner Street While NMFS supports the approach we cannot conclude it is acceptable until we have had an opportunity to review the monitoring plan that will gauge whether the performance of the mitigation is meeting restoration targets Compensatory mitigation for the unavoidable impacts to riparian non- riparian and isolated wetlands and streams would be accomplished through the North Carolina Ecological Enhancement Program NMFS will abstain from commenting on this portion of the project EFH Conservation Recommendations NMFS finds the proposed project would adversely affect EFH and federally managed fishery species Section 305(b)(4)(A) of the Magnuson- Stevens Act requires NMFS to provide EFH conservation recommendations when an activity is expected to adversely impact EFH Based on this requirement NMFS provides the following EFH Conservation Recommendation Authorization of the project shall be held in abeyance until NMFS has reviewed and approved a detailed mitigation plan that includes monitoring that will be done to gauge whether causeway removal on Turner Street is generating sufficient benefits to offset the impacts from replacing the drawbridge and realigning the highway Section 305(b)(4)(B) of the Magnuson Stevens Act and its implementing regulations at 50 CFR 600 920(k) requires your office to provide a written response to our EFH recommendations within 30 days of receipt If it is not possible to provide a substantive response within 30 days in accordance with our findings with your Regulatory Functions Branch an interim response should be provided to NMFS A detail response must then be provided prior to final approval of the action Your detail response must include a description of measures proposed by your agency to avoid, mitigate, or offset the adverse impacts of the activity If your response is inconsistent with our EFH conservation recommendations, your must provide a substantive discussion justifying the reasons for not following the recommendation The detail response should be received by the NMFS at least ten days prior to final approval of the action 2 Thank you for the opportunity to provide these comments Related questions or comments should be directed to the attention of Mr Ronald Sechler at our Beaufort Field Office 101 Pivers Island Road Beaufort North Carolina 28516 9722 or at (252) 728 5090 cc COE, Thomas A Steffens @usace army mil USFWS Pete_Benjamm @fws gov NCDCM, Doug Huggett@ncmail net EPA, Fox Rebecca @epa gov SAFMC Roger Pugliese @safmc net F /SER4, David Dale @noaa gov F /SER47 Ron Sechler @noaa gov 3 / for Sincerely ,euVA Virginia M Fay Assistant Regional Administrator Habitat Conservation Division