Loading...
HomeMy WebLinkAbout20150955 Ver 1_Public Notice_20120625al US Army Corps PUBLIC NOTICE Of Engineers Wilmington District Issue Date June 25 2012 Comment Deadline July 25 2012 Corps Action ID # SAW 2007 03646 TIP Project No B 4929 The Wilmington District, Corps of Engineers (Corps) has received an application from the North Carolina Department of Transportation (NCDOT) regarding a potential future requirement for Department of the Army authorization to discharge dredged or fill material Into waters of the United States associated with the replacement of the existing Topsail Island Bridge (Bridge No 16) along NC 50/210 over the Intracoastal Waterway (Topsail Sound) in Pender County, North Carolina Specific alternative alignments 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 Viewing the on -line version will better display color and grant the ability to view exploded views Applicant North Carolina Department of Transportation (NCDOT) c/o Dr Gregory J Thorpe PhD Manager Project Development and Environmental Analysis Branch 1548 Mail Service Center Raleigh North Carolina 27699 1548 Authority The Corps will evaluate this application to compare alternatives that have been carried forward for study pursuant to applicable procedures under Section 404 of the Clean Water Act (33 U S C 1344) and Section 10 of the Rivers and Harbors Act of 1899 The United States Coast Guard will be reviewing the bridge structure under Section 9 of the Rivers and Harbors Act In order to more fully integrate Section 404 and Section 10 permit requirements with the National Environmental Policy Act of 1969 and to give careful consideration to our required public interest review and 404(b)(1) compliance determination the Corps is soliciting public comment on the merits of this proposal and on the alternatives evaluated in the Federal Highway Administration (FHWA)/NCDOT Environmental Assessment (EA) The EA can be viewed at the project website http / /www ncdot gov /projects /topsailislandbridge/ At the close of this comment permit the District Commander will evaluate and consider the comments received as well as the expected adverse and beneficial effects of the proposed road construction to select the least environmentally damaging practicable alternative (LEDPA). The District Commander is not authorizing the bridge replacement (B -4929) project at this time. A final Department of the Army permit could be issued, if at all, only after our review process is complete, impacts to the aquatic environment have been minimized to the maximum extent practicable and a compensatory mitigation plan for unavoidable impacts has been approved. Location The existing bridge (Bridge # 16) is located along Hwy 210/50 and spans the Intracoastal Waterway for a distance of 463' between the mainland side and the island side near Soundside Park, Pender County, North Carolina. The Intracoastal Waterway at this location is bordered by tidal wetlands. The project is more specifically located starting at Latitude 34.4312 N, and Longitude - 77.5496 W. The location is better defined on Figure 1 below. Figure 1 c - tT .� trcn =2 I — FrpAtt 9k4Y AIre o'$Al / 'I '' on+a000ac �oa.w ` •, .. � a Crw ene Omp aaimry a Nam TXMM awcr� Tom Lab am av Tar: Law lop �� � Topr earn TciM� ur. J c...« w.. w..r � �•' � smay ♦r�o 1� ipAryL IalANO awooe vM�� , IBIwCBlNT MIDJCCf Existing Site Conditions The study area lies in the coastal plain physiographic region of North Carolina. Topography in the project vicinity varies from nearly level to gently rolling. Elevations in the study area range from 5' to 30' above sea level. The Biotic resources include aquatic 2 and terrestrial communities. A good portion of the project study area is comprised of disturbed land, including both residential development along the open water and business development along Hwy 210 on the mainside. The areas not developed on the mainside are primarily pine forest which transitions to tidally influenced wetlands closer to the waterway. Again, the areas not developed between the mainside and island side of the project are characterized by flooded marshes with a few historic spoil islands directly abutting the Intracoastal waterway channel. No waters classified as Water Supply Watershed Critical /Protected Areas or outstanding Resource Waters (ORW) exist in the study area. Topsail Sound at this location is classified as High Quality Waters (HQW) as determined by the North Carolina Department of Natural Resources (NC DENR). Waters identified within the study area include ponds, streams, and wetlands. The ponds appear to be stormwater ponds permitted by NC DENR. The streams include Topsail Sound and an unnamed tributary to Topsail Sound located on the northeast side of the study area emerging from the pine canopy. Four types of jurisdictional wetlands exist in the study area. Pine flat, Headwater Forest, Estuarine Woody Wetland, and Salt/Brackish Marsh. The dominant wetland type is Salt/Brackish Marsh. Applicant's Stated Purpose The basic purpose of the project is to improve bridge safety and functionality. This project would address the need to replace the existing structurally deficient. functionally obsolete bridge. Project Description The following description of the work is taken from data provided by the applicant. NCDOT evaluated numerous design alternatives for this project, including a No Build Alternative; Repair and Rehabilitate Existing Bridge Alternative: Alternative Modes of Transportation; and 20 Build Alternatives Depending on the alternative chosen, Bridge No. 16 will be replaced with a new 500 to 4,000 -foot long bridge. The new bridge will accommodate two -way traffic with two 12- foot travel lanes, two four -foot bike lanes, and two 5.5 -foot sidewalks. Curb and gutter will provide a two -foot separation between the bicycle lanes and sidewalk. The approach roadway section will match the new bridge section, with the exception that sidewalks will not be provided. Instead. a ten -foot earth berm will be constructed behind the curb and gutter. To date, and based on input from stakeholders, the following seven alternatives were selected for Detailed Study: Northern Alternatives Group: Alternatives 4. 5. and 5R (high -level fixed bridges) Central Alternatives Group: Alternatives 6 and 7 (low /mid -level moveable bridges, respectively) Southern Alternatives Group: Alternatives 11 and 17 (high -level fixed bridges) These alternatives are graphically provided below in Figure 2 and 3. Figure 2 MorrnrnA!Imm&=Group p#OgAwr asg�pia..Or.y s R.. 0 1 C.entrd Albffvt es Grasp Mwwm a sid p Ase noros) P.0 . a. As T SocOmm Alterrahms Group (MOFL ai Brad wtdv Asame ) 7 low The table below breaks down some of the impacts expected for each alternative. The online version will have an expanded table of impacts Table 1 Category Alt 4 Alt 5 Alt 5R Alt 6 Alt 7 Alt 11 Alt 17 Length (miles) 1.1 1.0 1.0 0.5 0.5 1.1 0.9 Bridge length, 4,250 4,076 4.054 319/201 819/201 4,180 3,725 fixed /movable A Residential 4 2 13 0 0 4 1 Relocations Business 5 4 7 l 3 1 3 Relocations Park Impacts 0 0 0 0.03/0.4 0.01/0.4 0 0.2 perm/temp acres Steam crossings 2 2 1 2 1 1 1 1 1 Wetland 1.1 /0 1.1 /0 1.1 /0 0/0.3 0/0.1 1.0/0 0.8/0.4 Impacts, non - riparian /tidal acres Construction 51.1 48.8 48.5 50.2 55.9 50.2 44.6 Cost $ millions Operation Cost 3.6315 3.6315 3.6315 25.9645 25.9645 3.6315 3.6315 over 75 years ($ millions Waters of the US Surface Waters As discussed above two jurisdictional stream reaches were identified within the project study area. All seven Detailed Study Alternatives would span over the Topsail Sound. Similarly, three of the seven Detailed Study Alternatives (4, 5,and 5R) would span over the unnamed stream. The remaining four Detailed Study Alternatives are located south of the unnamed stream with no impacts. Wetlands Wetlands in the project study area were delineated using the 1987 Corps Delineation Manual and appropriate Regional Supplement. Table 2 provides a listing of potential direct impacts to wetlands. These impacts are calculated from slope stake to slope stake, plus an additional 25 feet of each limit as determined from the May 2011 preliminary design plans for each alternative. C7 Table 2 Estimated Impacts to Wetlands DETAILED Study Alternative No. Tidal wetlands acres Non - riparian wetland impacts acres Alt 4 0 1.1 Alt 5 0 1.1 Alt 5R 0 1.1 Alt 6 0.3 0 Alt 7 0.1 0 Alt 11 0 1.0 Alt 17 0.4 0.8 Open Waters None of the seven alternatives will result in direct impacts to ponds. Cultural Resources This project is subject to compliance with the National Environmental Policy Act (NEPA) of 1969 and the National Historic Preservation Act (NHPA) of 1966, as amended. Section 106 of the NHPA, as amended, 36 CFR Part 800, requires Federal agencies to take into account the effect of their undertakings on properties included in or eligible for inclusion in the National Register of Historic Places (NR) and to afford the Advisory Council a reasonable opportunity to comment on such undertakings. Bridge No. 16 was previously determined eligible for the National Register of Historic Places as part of the NCDOT's 1995 Historic Bridge Inventory Report as an early and intact example of a riveted Warren through truss, swing span bridge. Although moved from Sunset Beach to its current location in 1954, Pender County Bridge No. 16 remains in an operable condition and retains c. 1930 gearing and mechanical systems. The historic boundary for the bridge includes the 254 -foot long Warren through truss, operator's house, and concrete tee beam approach spans. In a meeting between NCDOT and the NC Historic Preservation Office (HPO) on April 5, 2011, it was determined that all of the detailed study alternatives would have an adverse effect on Bridge No. 16 because it would be removed from its existing location. Construction of any of the proposed alternatives would also require NCDOT to complete a Section 4(f) evaluation since it necessitates the use of land from the historic boundary 7 associated with Pender County Bridge No. 16. These impacts, mitigation measures and associated coordination efforts are described in Section 5.3.1 of the EA. 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. Twelve federally protected species are listed as occurring within Pender County. These species are listed in Table 3 below. TABLE 3: Scientific ft m Common Name Fed4wal Status' Habitat Present Sickgkol Condoan•' A1(i9aror!rssissOpiensis American a legator T ;SiA; Ye< Not Requ!rec Charadrus ►ne!odus Piping plover T Nc Na Eftec_ Picoidrs borcaiis F.ec- coacaded woocpecve� E Yes Nc Effect Acipenser brevirostrum Short -►ose sturgeon E Ne No Effec- Trichec-hus m„na:us West Indian manatee E Yes MA'NLAA Carem casre*ta Loggett*ad sea turtle T Yes MA /NLAA G'?e"orOG mydas Green sea turtle T Ne Nc Effec- Thn'ictr:jrr c000leyi C. cwy s mea�dcwrue E Yes Nc Eftec' Cc-ea Go den sedge E Yes Nc Effec- Schwatbec z— erxano' A-r4- can chattseec E Yes Nc Eftec' Amorn^ :11t_s pum;lus Seaoeacti amarantt T Nc No Effec' _yvsimachra auWro efolia Rougs-•• eaved )ooses-r'e E Yes Nc Effec' ' E - Enclarge-ed T Threatened, T(S/A) - Threatened Cue to similarit-y of aopea-ance MA {NLAA May AffectJ'Not Likety to Adversely Affect Mnaurgc record (the species was last observed in t" county more than 50 kears ago) Concurrence from the US Fish and Wildlife Service will be obtained on this biological conclusion prior to completion of the final environmental document for this project. Essential Fish Habitat The National Marine Fisheries Services (NMFS) has identified Intracoastal Waterway (Topsail Sound) as an Essential Fish Habitat. Under the proposed project, Bridge No. 16 would be replaced with a 500 to 4,000 foot -long bridge either in the same location, to the north, or to the south. The new structure would only require footings to be placed within the Intracoastal Waterway (Topsail Sound). Given this limited in -water construction work, the proposed project would most likely result in a negligible net effect on available Essential Fish Habitat. Avoidance and Minimization According to the applicant complete avoidance of the jurisdictional resources is not practicable due to the geographic distribution of the resources. Alternatives with higher impacts were eliminated from the Detailed Study Alternatives. According to the applicant bridges have been shifted and better aligned to reduce causeway fill impacts as much as possible. Wetlands impacts will continue to be minimized once the Least Environmentally Damaging Practicable Alternative is decided and final plans are being generated. Compensatory Mitigation NCDOT will investigate potential on -site stream and wetland mitigation opportunities as the project progresses. If on -site mitigation is not feasible, mitigation will be provided by the North Carolina Department of Environment and Natural Resources Ecosystem Enhancement Program (EEP), in accordance with the July 2010 "In -Lieu Fee Instrument Memorandum of Agreement Among the EEP, the U.S. Army Corps of Engineers, Wilmington District, the US Environmental Protection Agency, the US Fish and Wildlife Service, the North Carolina Wildlife Resources Commission, the North Carolina Division of Water Quality, the North Carolina Division of Coastal Management, and the National Marine Fisheries Service" (MOA). Evaluation The decision whether to issue a permit (which will come after the Least Environmentally Damaging Practicable Alternative Corridor is chosen, being considered now) 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 may be 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 E 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 of Engineers 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 of Engineers to select the least environmentally damaging practicable alternative (LEDPA). 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 a Corps of Engineers 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. Written comments pertinent to the proposed work, as outlined above, will be received by the Corps of Engineers. Wilmington District, until 5pm, July 25. 2012. Comments should be submitted to Mr. Brad Shaver. Wilmington Regulatory Field Office, 69 Darlington Ave., Wilmington. North Carolina 28403 -1343. response to hold letter for B -4652 Page 1 of 1 response to hold letter for B -4652 Euliss, Amy Sent: Monday, June 25, 2012 3:53 PM To: Turchy, Michael A Cc: Wainwright, David; Carrillo, Sonia I received DOTS response to the hold letter issued for B -4652 in Union County. The letter does not adequately justify the need for the gabion baskets being installed in an area that is not experiencing significant erosion, or otherwise needs to be disturbed. This project will remain on hold until an alternative form of natural stream bank stabilization is provided. Thanks. Amy Please note my new email address: amy.euliss @ncdenr.gov Amy Euliss NC DENR Winston -Salem Regional Office Division of Water Quality, Surface Water Protection 585 Waughtown Street Winston - Salem, NC 27107 Voice: (336) 771 -5000 FAX: (336) 771 -4630 https: / /mail.nc.gov /owa/ ?ae= Item &t = IPM. Note& id= RgAAAADMSzLcd9 W2TJHI4 %2bm... 6/26/2012