BR0160_CAMA_Major_REV Cover Letter & WIS_20221020

STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
ROY COOPER J. ERIC BOYETTE
GOVERNOR SECRETARY
Mailing Address:
NC DEPARTMENT OF TRANSPORTATION
HIGHWAY DIVISION 3
5501 BARBADOS BLVD.
CASTLE HAYNE, NC 28429
Telephone: [phone]
Customer Service: 1-877-368-4968
Website: www.ncdot.gov
Location:
5501 BARBADOS BLVD.
CASTLE HAYNE, NC 28429
October , 2022
NC Dept. of Environmental Quality
Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557
ATTN: Mr. Stephen Lane
NCDOT Coordinator
Subject: Application for Coastal Area Management Act Major Development Permit for the
Proposed Replacement of Bridge 15 over the Calabash River on NC 179 Business (Beach
Drive SW) in Brunswick County, North Carolina. TIP BR-0160. Debit Permit Fees from
WBS No. 67160.1.1
Dear Sir:
The North Carolina Department of Transportation (NCDOT) proposes to replace the existing bridge 15
the Calabash River in Brunswick County with an in-place bridge. The purpose of this letter is to request
approval for a Coastal Area Management Act (CAMA) Major Development Permit. In addition to this
cover letter and CAMA MP 1, 2, and 5 Forms, this application package includes CAMA adjacent
landowner notifications, on-site restoration plan, stormwater management plan, permit impact drawings
(including utility relocation plans), and half size roadway plans. Construction of this project
also requires the following approvals: Clean Water Act (CWA) Section 404 3HUPLW, Section 401 Water
Quality Certification, Rivers and Harbors Act (RHA) Section 10, and the U.S. Coast Guard (USCG).
7he USCG has determined that no permit will be required for the projectDQGKDYHDXWKRUL]HGWKLV
SURMHFWXQGHUWKHLUDGYDQFHGDSSURYDOSURFHVV
1.0 Purpose and Need
As identified in the December 2021 Categorical Exclusion (CE), the need for the proposed action is
to replace a structurally deficient existing bridge. The bridge would also raise the roadway grade to
prevent overtopping by the published FEMA 100-year water-surface elevation. The purpose of the
proposed action is to improve bridge structural safety and functionality for vehicular traffic.
The 2019 bridge inspection report for Bridge No. 15 indicates that the bridge is listed as
structurally deficient due to severe deterioration of end bents and bent lateral bracing. The structure has
a sufficiency rating of 43 out of 100.
CAMA Major Permit Application TIP BR-0160
October 1, 2022
2.0 Project Description
The NCDOT proposes to replace existing Bridge No. 15 carrying NC 179 Business (Beach Drive SW)
over the Calabash River in Brunswick County. Bridge 15 is a 281-foot, three span cored slab bridge with
a clear roadway width of 29.3 feet.
The proposed structure is a new 575 feet long fixed-span structure carrying one 12-foot travel lane in each
direction, with 4-foot paved shoulders and a 10-foot multi-use path on the west side. The existing bridge
height over the navigable portion of the Calabash River is 12’. The proposed bridge will increase
navigation clearance by 5’ to 17’ for boat passage.
Several utilities are in conflict with the proposed project alignment and will require relocation,
including underground telephone SRZHU ZDWHU DQG VHZHU. The proposed utility relocation activities
will not impact jurisdictional waters or wetlands through the use of directional boring under the Calabash
River. Utility plans are included with the permit impact drawings.
3.0 Summary of Impacts
Proposed impacts to jurisdictional areas total 0.286 acre of permanent wetland impacts, 0.1 acre of
temporary wetland impacts, and 0.006 acre of permanent surface water impacts. DFUHVRIWKH
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WKHQDWXUDODGMDFHQWHOHYDWLRQ7KLVLVFRQVLGHUHGDVEHQHILFLDOH[FDYDWLRQDQGQRWDORVVRIZHWODQGV
See Section 7.4 and the Permit Impact Drawings for wetland and surface water impact summary tables.
4.0 Summary of Mitigation
The proposed construction of BR-0160 will permanently impact 0.258 acre of CAMA jurisdictional
wetlands.
The unavoidable jurisdictional wetland impacts will be offset E\  DFUHV RIon-site coastal marsh
restoration through the removal of the existing causeway on the northern approach of the bridge.
Details of this proposal are included in the attached on-site restoration plan. A 75:1 ratio of
wetland mitigation to impacts LVEHLQJSURSRVHGZKLFKZLOOUHVXOWLQDFUHVRIPLWLJDWLRQFUHGLWV
5.0 Project Schedule
BR-0160 is scheduled to be let in July 2023. Mobilization and construction IRUWKHEULGJHis
anticipated to begin in September 2023. 8WLOLW\UHORFDWLRQVDUHDQWLFLSDWHGWREHJLQLQ0DUFK
6.0 NEPA Document Status
A Type I(B) Categorical Exclusion was signed on December 15, 2021.
7.0 Resource Status
The project is located in the Lumber River Basin and lies within the USGS Hydrologic Unit
03040208. This is within the Carolinian Barrier Islands and Coastal Marshes eco-region. The project
crosses the Calabash River (NCDEQ Index No. 15-25-13) which is classified as SA;HQW – tidal
salt water for shellfishing for market purposes and high-quality waters.
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CAMA Major Permit Application
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TIP BR-0160
October 1, 2022
7.1 Stream and Wetland Delineations
Stream and wetland delineations were performed using the 1987 U.S. Army Corps of Engineers
(USACE) Wetland Delineation Manual and the USACE 2010 Regional Supplement for the Atlantic and
Gulf Coastal Plain Region. Results of the wetland delineation were reported in the August 2021 Natural
Resources Technical Report (NRTR). The wetland delineation verified by the USACE and DCM (for
coastal wetlands – a Preliminary Jurisdictional Determination was issued on 08/19/2021). This
delineation was used to calculate the impacts presented in this application. The final design avoids and
minimizes wetland impacts to the maximum extent practical.
7.2 Characterization of Jurisdictional Sites
The project area bridges the Calabash River between the Town of Calabash to the north and the Town of
Sunset Beach to the south. Five wetlands were mapped within the project footprint, including headwater
forest (wetlands WA, WB, and WC) and salt/brackish marsh (wetlands WA, WD, & WE). The latter
wetlands are subject to CAMA as well as CWA Section 404, while the former is only subject to 404
regulations.
Neither Water Supply (WS-I or WS-II) nor Outstanding Resource Waters (ORW) occur within 1.0 mile
of the project study area. The waters of the Calabash River are classified as SA waters (Market
Shellfishing tidal salt waters) with a supplemental classification of HQW (High Quality Waters). The
Calabash River is listed on the Final 2020 303(d) list of impaired waters for Legacy Category 5 Total
Metals Assessment, Exceeding Criteria for pH, Turbidity, and Dissolved Oxygen, and is also a Prohibited
Shellfish Growing Area.
Per the above designations, NCDOT’s Design Standards in Sensitive Watersheds will be implemented for
the project.
7.3 Impacts to Jurisdictional Resources
Impacts to 404 and CAMA jurisdictional wetlands as well as surface waters for BR-0160 are summarized
below in Tables 1 and 2. Note that Site 1 is related directly to the replacement of an existing 18-inch pipe
under NC 179 Business, while Sites 2 through 4 are related directly to bridge construction and
demolition.
CAMA Major Permit Application
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TIP BR-0160
October 1 2022
Table 1: Wetland Impacts
Permit
Drawing Site
Number
Wetland Biotic
Communities
(2021 NRTR)
Wetland Type
Permanent
Impacts
(ac.)
Temporary
Impacts
(ac.)
1 Headwater Forest 404 0.022 -
2 Salt/Brackish Marsh 404 and CAMA 0.028 0.015
2 Headwater Forest 404 0.006 0.001
3 Salt/Brackish Marsh 404 and CAMA 0.143 0.043
4 Salt/Brackish Marsh 404 and CAMA 0.087 0.041
CAMA Major Total: 0.258 0.099
GP 50/GC 4135Total: 0.286 0.1
- 404 represents coastal and non-coastal wetlands; CAMA represents coastal wetlands
- Permanent Impacts represent permanent excavation and fill, and mechanized clearing
- Temporary Impacts represent construction access (hand clearing)
- Totals represent the cumulative area of each site (not rounded per site) so differ slightly from individual site impacts
Table 2: Surface Water Impacts
Permit Drawing
Site Number Waterbody Permanent
(ac.)
Temporary
(ac.)
Mitigation
Required
2 Calabash River 0.006 - No
CAMA Major Total: 0.006 -
RGP 50/GC 4135Total: 0.006 -
- Totals represent the cumulative area of each site (not rounded per site) so differ slightly from individual site impacts
Permanent Impacts: Proposed permanent impacts include fill and excavation impacts to 0.258 acre of
CAMA/404 jurisdictional coastal wetlands at Sites 2, 3, and 4. Permanent fill, excavation, and
mechanized clearing impacts to 404-only riparian wetlands at Sites 1 and 2 consist of 0.027 acre for
replacement of a pipe and proposed fill slopes. Proposed permanent impacts to surface waters are 0.006
acre, which includes the proposed bridge bank stabilization at Site 2.
Temporary Impacts: There will be 0.1 acre of temporary wetland impacts (0.099 acre CAMA; 0.001 acre
404) due to stormwater outlet protection and re-grading for mitigation associated with Sites 2, 3, and 4.
Impacts where construction access is required are depicted in the permit drawings as hand clearing.
Utility Impacts: There will be no permanent wetland fill or permanent surface water fill associated with
utility relocation (underground telephone/cable, electric, water and sewer).
Individual impact site descriptions are provided below:
7.3.1 Site 1 (Permit Drawings Sheet 2)
Site 1 is located immediately south of the proposed bridge at the location of an existing wetland drainage.
The existing 18” RCP is proposed to be replaced with a 24” RCP. Fill slopes are associated with the
extension of this culvert for the new multi-use path that will be constructed on the western side of the
road.
7.3.2 Site 2 (Permit Drawings Sheet 3)
Site 2 is the construction of the southern approach to the new bridge over the Calabash River. In addition
to the new structure, a rip-rap pad will be constructed on the west side of the approach to reduce the
velocity of stormwater flowing through the proposed lateral ditch. There will be an additional lateral
ditch constructed on the eastern side of the approach.
CAMA Major Permit Application
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TIP BR-0160
October 1, 2022
7.3.3 Site 3 (Permit Drawings Sheet 5)
Site 3 is located on the western side of the northern bridge approach. This site will consist of removal of
the existing causeway, and construction of a rip-rap stormwater outlet. The causeway will be excavated
down to the elevation of the existing coastal marsh areas and will be planted with appropriate vegetation
as detailed in the attached on-site restoration plan.
7.3.4 Site 4 (Permit Drawings Sheet 5)
Site 4 is located on the eastern side of the northern bridge approach. This site will consist of removal of
the existing causeway, and construction of a rip-rap stormwater outlet. The causeway will be excavated
down to the elevation of the existing coastal marsh areas and will be planted with appropriate vegetation
as detailed in the attached on-site restoration plan.
8.0 Protected Species
The United States Fish and Wildlife Service (USFWS) and National Marine Fisheries Service
(NMFS) list 16 federally protected species for %UXQVZLFN County as of the $XJXVW listing (Table
3).
Table 3. Federally Protected Species in %UXQVZLFN County
Scientific Name Common Name Federal
Status Habitat Biological
Conclusion
Alligator mississippiensis American alligator T(S/A) Yes N/A
Chelonia mydas Green sea turtle T 1R 1R(IIHFW
Lepidochelys kempii Kemp's ridley sea turtle E 1R 1R(IIHFW
Dermochelys coriacea Leatherback sea turtle E 1R No Effect
Caretta Caretta Loggerhead sea turtle T 1R 1R(IIHFW
Myotis septentrionalis Northern long-eared bat T Yes MALAA
Mycteria americana Wood stork T Yes MANLAA
Charadrius melodus Piping plover T No No Effect
Picoides borealis Red-cockaded woodpecker E No No Effect
Calidris canutus rufa Red knot T No No Effect
Acipenser oxyrinchus Atlantic Sturgeon E 1R 1R(IIHFW
Acipenser brevirostrum Shortnose sturgeon E 1R 1R(IIHFW
Trichechus manatus West Indian manatee E Yes MANLAA
Thalictrum cooleyi Cooley’s meadowrue E Yes No Effect
Lysimachia asperulaefolia Rough-leaved loosestrife E <HV No Effect
Amaranthus pumilus Seabeach amaranth T No No Effect
E = Endangered, T = Threatened, T(S/A) = Threatened(Similarity of Appearance), T = Threatened, MANLAA= May Affect, Not Likely to
Adversely Affect, MALAA = May Affect, Likely to Adversely Affect, N/A = Not Applicable.
Biological conclusions were presented in the CE and those biological conclusions are included in Table 3.
The US Fish and Wildlife Service has revised the previous programmatic biological opinion (PBO) in
conjunction with the Federal Highway Administration (FHWA), the US Army Corps of Engineers
(USACE), and NCDOT for the northern long-eared bat (NLEB) (Myotis septentrionalis) in eastern North
Carolina. The PBO covers the entire NCDOT program in Divisions 1-8, including all NCDOT projects
and activities. Although this programmatic covers Divisions 1-8, NLEBs are currently only known in 19
counties, but may potentially occur in 11 additional counties within Divisions 1-8. NCDOT, FHWA, and
USACE have agreed to two conservation measures which will avoid/minimize mortality of NLEBs.
These conservation measures only apply to the 30 currently known/potential counties shown on Figure 2
of the PBO at this time. The programmatic determination for NLEB for the NCDOT program is May
CAMA Major Permit Application TIP BR-0160
October 1, 2022
6
Affect, Likely to Adversely Affect. The PBO will ensure compliance with Section 7 of the Endangered
Species Act for ten years (effective through December 31, 2030) for all NCDOT project with federal
nexus in Divisions 1-8, which includes Brunswick County, where BR-0160 is located. The USFWS has
developed a programmatic biological opinion (PBO) in conjunction with the Federal Highway
Administration, the US Army Corps of Engineers and NCDOT for the northern long-eared bat (NLEB)
(Myotis septentrionalis) in eastern North Carolina. The PBO covers the entire NCDOT program in
Divisions 1-8, including all NCDOT projects and activities. The programmatic determination for NLEB
for the NCDOT program is “May Affect, Likely to Adversely Affect.” The PBO provides incidental take
coverage for NLEB and will ensure compliance with Section 7 of the Endangered Species Act for
five years for all NCDOT projects with a federal nexus in Divisions 1-8, which includes %UXQVZLFN
County.
The U.S. Fish and Wildlife Service issued a programmatic biological evaluation (PBE) for the
wood stork (Mycteria americana) for certain transportation projects in Divisions 1-8 with a
federal nexus which fall under one of the included categories. Additionally, in Bladen,
Brunswick, Columbus, Duplin, Robeson, and Sampson Counties, NCDOT has committed to
surveying each individual project site for the presence of wood storks and their foraging and
nesting habitat during the reproductive season of April 15 – July 15. Surveying outside this
timeframe is acceptable if the project occurs entirely within existing NCDOT right-of-way and
work will occur outside the timeframe. If a survey determines that a project is within “line-of-
sight” of nests, roosts, or foraging congregations (> 5 wood storks), NCDOT will consult with
the Service under separate consultation. The PBE will ensure compliance with Section 7 of the
Endangered Species Act for ten years (effective through June 30, 2031) for NCDOT projects that
fall within the counties and the categories included in the PBE. Project EB-0160 (Replace Bridge
No. 15 on NC 179 BUS (Beach Dr SW) over the Calabash River) located in Brunswick County.
A survey for wood stork was conducted on June 21, 2021 and two wood storks were
observed within 150 to 300 feet upstream of the study area, therefore the project falls
within the PBE parameters and the biological conclusion for wood stork for is “May
Affect, Not Likely to Adversely Affect”. This biological conclusion was confirmed via
correspondence with USFWS dated August 25, 2021.
Protected species moratoria required for the project are detailed below under “Moratoria” and
“Avoidance and Minimization”.
8.1 Bald and Golden Eagle Protection Act (BGPA)
In the July 9, 2007 Federal Register (72:37346-37372), the bald eagle was declared recovered,
and removed (de-listed) from the Federal List of Threatened and Endangered wildlife. This delisting
took effect August 8, 2007. After delisting, the Bald and Golden Eagle Protection Act (Eagle Act) (16
U.S.C. 668-668d) became the primary law protecting bald eagles.
The Calabash River is a water body of sufficient size to be considered potential feeding habitat.
Also, there are a few trees near the project large enough to support the nesting of bald eagles. During
initial field visits (June 21, 2021) surveys were conducted and no bald eagles or nests were observed
within 660 feet of the study area. Additionally, a review of the NCNHP database (accessed
August 03, 2021) revealed no known occurrences of this species within 1.0 mile of the study area.
Due to the lack of known occurrences and minimal impact anticipated for this project, it has been
determined that this project will not affect this species.
CAMA Major Permit Application
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TIP BR-0160
October 1, 2022
8.2 Protection Measures
Protection measures for several species have been recommended for BR-0160. The Calabash River
contains Essential Fish Habitat and is designated as Primary Nursery Habitat by the NC Division of
Marine Fisheries. In order to minimize potential effects to these resources, NCDOT has committed to the
following nondiscretionary measures for the construction of this project:
In-Water Work Moratorium:
An in-water work moratorium will be implemented during the construction of BR-0160. Construction
activity at or below the mean high water elevation within the Calabash River will not be allowed from
April 1 to September 30 without exclusion devices, casings, or other barriers to allow work in the dry.
Work in upland areas will be allowed to continue.
West Indian Manatee:
All conditions outlined in Guidelines for Avoiding Impacts to the West Indian Manatee: Precautionary
Measures for Construction Activities in North Carolina Waters (USFWS, 2003) will be adhered to.
9.0 Cultural Resources
No sites eligible for the National Register of Historic Places are within the project area. One
archaeological site, determined not eligible, will be preserved in place. NC State Historic Preservation
Office concurrence is attached.
10.0 FEMA Compliance
The project has been coordinated with appropriate state and local officials and the Federal Emergency
Management Agency (FEMA) to assure compliance with FEMA, state, and local floodway regulations.
11.0 Mitigation Options
The NCDOT is committed to incorporating all reasonable and practicable design features to avoid and
minimize jurisdictional impacts, and to provide full compensatory mitigation of all remaining,
unavoidable jurisdictional impacts.
11.1 Avoidance & Minimization
All jurisdictional features were delineated, field verified and surveyed within the corridor for BR-0160 as
described above. Using these surveyed features, preliminary designs were adjusted to avoid and/or
minimize impacts to jurisdictional areas. NCDOT employs many strategies to avoid and minimize
impacts to jurisdictional areas in all of its designs. Many of these strategies have been incorporated into
BMP documents that have been reviewed and approved by the resource agencies and which will be
followed throughout construction. All wetland areas and environmental sensitive areas (ESA) not
affected by the project will be protected from unnecessary encroachment. Individual avoidance and
minimization measures include the following:
11.1.1 Design Measures
x Span lengths were maximized, thereby minimizing the overall footprint of the bridge’s substructure
and reducing surface water impacts.
x Fill slopes have been maximized (steepened) to the maximum extent possible considering fill
materials and future stability.
x An off-site detour will be used to avoid a temporary work bridge and associated temporary impacts.
CAMA Major Permit Application
8
TIP BR-0160
October 1, 2022
11.1.2 General Construction Measures
x Refer to Section 8.2 for protected species measures
x No staging of construction equipment or storage of construction supplies will be allowed in wetlands
or AECs.
x Sediment and erosion control measures shall adhere to the Design Standards in Sensitive Watersheds
during construction of the project.
x Special Sediment Control Fence and Environmentally Sensitive Area fencing will be used were
applicable.
x No dredging is proposed.
x Turbidity curtains will be considered in areas of adequate shallow depth and lower velocity.
Turbidity will be monitored during in-water work to ensure compliance with state water quality
standards.
x To ensure that all borrow and waste activities occur on high ground, except as authorized by permit,
the NCDOT shall require its contractors to identify all areas to be used to borrow material, or to
dispose of dredged, fill or waste material. Documentation of the location and characteristics of all
borrow and disposal sites associated with the project will be available on request.
11.1.3 Demolition Measures
x NCDOT will adhere to Best Management Practices for Construction and Maintenance Activities.
x Demolition of Bridge 15 will be accomplished through top-down methods. No work platform will be
used for demolition access.
x Non-shattering methods will be implemented (no explosives) for bridge removal.
x No bridge deck or substructure components will be dropped in the water.
x A demolition plan will be finalized by the selected contractor. The final demolition plan will also be
approved by NCDOT and provided to permitting agencies for review prior to implementation.
x Once removed, bridge elements will be transported to a permitted disposal facility to be identified by
the selected contractor and approved by NCDOT.
11.2 Compensation
The NCDOT has avoided and minimized impacts to jurisdictional resources to the greatest extent possible
as described above. Unavoidable jurisdictional wetland impacts will be offset by the on-site coastal
wetland restoration as described in the attached On-Site Restoration Plan.
12.0 Indirect and Cumulative Effects
The project is a replacement of existing infrastructure; therefore, additional development is not likely to
occur as a result of the project. The replacement will neither influence nearby land use or stimulate
growth as no new travel lanes are proposed.
13.0 Regulatory Approvals
&$0$NCDOT requests that the proposed work be authorized under a Coastal Area Management
Act Major Development Permit. 7he &HUWLILHG 0DLO Ueceipts will be forwarded once they have
been received. Authorization to debit the $475 Permit Application Fee from WBS 67160.1.1 is hereby
given.
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CAMA Major Permit Application TIP BR-0160
October 1, 2022
9
A copy of this permit application and its distribution list will be posted on the NCDOT website at:
http://xfer.services.ncdot.gov/pdea/PermApps/.
If you have any questions regarding this information, please contact me at [phone] or
[e-mail].
Sincerely,
Mason Herndon
Division 3
cc: NCDOT Permit Application Standard Distribution List
Brad Shaver, USACE
Hannah Sprinkle, NCDWR
Richard Bollinger, P.E., RS&H
Phil May, Carolina Ecosystems, Inc.
Attachments:
- DCM MP-1 Form: Application for Major Development Permit
- DCM MP-2 Form: Excavation and Fill
- DCM MP-5 Form: Bridges and Culverts
- CAMA Landowner List & Notification Receipts
- Coastal Wetland On-Site Restoration Plan
- Type I(B) Categorical Exclusion
-NCSHPO Review Form
- Stormwater Management Plan
-Permit Impact Drawings
- Impact Summary Table
- Roadway Drawings
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67160.1.1
NC DEPARTMENT OF TRANSPORTATION
DIVISION OF HIGHWAYS
/2022
Brunswick County
BR-0160
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