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HomeMy WebLinkAbout20052179 Ver 1_Complete File_20050129p?pF WATF,9QG Michael F. Easley,Govemor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources of P.E. Director Alan W. Klimek, W Division of Water Quality May 9, 2006 DWQ Project # 052179 Modification Carteret County Mr. Mike Randall National Oceanographic and Atmospheric Administration Eastern Region CAO/RPFLO/Project Planning Management Division 601 East 120' Street, Room 1749 Kansas City, MO 64106-2877 771 r i7 fl SUBJECT: Approval of 401 Water Quality Certification with Additional Cond tpus =' _t ?? t- a f Replacement of NOAA/NOA Pivers Island Bridge MAY 1 t? 2 zoos Dear Mr. Randall: ;Er1D1E?'?Ft ; 4?`sarcR IrY ? src ""„ "7i R ERA .cl/ You have our approval, in accordance with the attached conditions and those listed below, to fill or otherwise impact 0.121 acres of coastal wetlands and 0.112 acres of open water for the purpose of replacing the existing Pivers Island Bridge in Carteret County, as described within your application dated November 4, 2005, received by the N.C. Division of Water Quality (DWQ) on December 9, 2005, and a modification request received on March 14, 2006 and the Stormwater Plan received on March 29, 2006. After reviewing your revised application, we have decided that the impacts are covered by General Water Quality Certification Number 3404. The Certification allows you to use General Permit 198200031 when issued by the US Army Corps of Engineers (USACE). In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non-discharge, and NPDES Stormwater regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 Permit. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us 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 conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: 1. Impacts Approved The following temporary and isolated wetland impacts are hereby approved as long as all of the other specific and general conditions of this Certification are met. No other impacts are approved including incidental impacts: Amount Approved (Units) Plan Location or Reference Stream N/A (feet) Isolated Wetlands N/A (acres) Coastal Wetlands 0.121 acres Exhibit C - Site Layout Plan Open Water 0.112 (acres) Exhibit C - Site Layout Plan North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington Regional Office Wilmington, NC 28405-3845 An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper Phone (910) 796-7215 Customer Service 1-877.623-674 8 One FAX (910) 350-2004 Internet h2o.enr.state.nc.us NO hCarolina vVatizrallf NOAA Pivers Island Bridge Replacement Page 2 of 2 May 9, 2006 2. Erosion & Sediment Control Practices 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 Erosion Control Planning and Design 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 and 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. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 3. No Waste, Spoil, Solids, or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre-Construction Notification. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. 4. No Sediment & Erosion Control Measures w/n Wetlands or Waters Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources has released the project. 5. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. 6. Written Stormwater Management Plan (No Further Approval Needed) The final, written stormwater management plans dated March 23, 2006, must be implemented and the stormwater management facilities shall be constructed and operational before the new bridge is opened for use. The structural stormwater practices as approved by this Office as well as drainage patterns must be maintained in perpetuity. No changes to the structural stormwater practices shall be made without written authorization from the Division of Water Quality. NOAA Pivers Island Bridge Replacement Page 2 of 2 May 9, 2006 Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Noelle Lutheran in the DWQ Wilmington Regional Office at 910-796-7405 or Cyndi Karoly in the Central Office in Raleigh at 919-733-9721. Sincerel Alan W. Klimek, P.E. AWK/nnnl Enclosures: WQC 3404 Certificate of Completion cc: David Stevick, P.E., Trader Construction Company, PO Drawer 1578, New Bern, NC 28563 Henry Wicker, USACE Wilmington Regulatory Field Office Ian McMillan, DWQ 401 Oversight Unit Trentt James, DLR Wilmington Regional Office Stephen Rynas, DCM Morehead City File Copy Central Files Filename: 052179.j an06 401 Projects Subject: 401 Projects From: Patricia Collins <Patricia.ColIins@ncmail.net> Date: Wed, 10 May 2006 16:13:04 -0400 To: Ian McMillan <Ian.MeMillan@ncmail.net>, Cyndi Karoly <Cyndi.Karoly@NCMail.Net> The following projects were issued 401 permits: DWQ#: 2006 0477, Cape Fear Boat Works, Brunswick County DWQ#: 2005 2179, Pivers Island Bridge, Carteret County Thanks, Patricia Collins Administrative Assistant N.C. Department of Environment and Natural Resources Division of Water Quality - Surface Water Protection Section Wilmington, North Carolina Phone: 910-796-7217 Fax: 910-350-2004 1 of 1 5/10/2006 4:19 PM TRADER CONSTRUCTION N. C. UCENSE No. 2943 March 29, 2006 9anara[ ( ontractom Ms. Noelle Lutheran Division of Water Quality 401/Wetlands Unit 1650 Mail Service Center Raleigh, North Carolina 27699-1650 2-1-7? C 0. - -? PHONE 252/633-2424 FAX 252/633-1370 P.O. DRAWER 1578 NEW BERN, N.C. 28563 SUBJECT: Bridge Replacement at Pivers Island, Carteret County Dear Ms. Lutheran: fl@@1R# ??/j V MAR 3 119 Z006 a Ire, On behalf of the NOAA Center for Coastal Fisheries and Habitat, Trader Construction Company is providing your office with the stormwater information requested per the Section 401 water quality certification special conditions for the above referenced project. As indicated on the attached drawing, stormwater runoff from the impervious surfaces associated with the proposed new bridge will flow north and south from the high point at the center of the bridge. Stormwater will then flow through grass-lined swales that will provide filtration of potential pollutants before the runoff is discharged into open water or adjacent wetlands. If you have any questions or need additional information, please do not hesitate to call. S' rely, rad r Cons uction Company Mr. David Ste ic. X Project Engineer enclosure cc: Ms. Cyndi Karoly, Division of Water Quality (w/enclosure) Mr. Henry Wicker, USACE (w/enclosure) Mr. Michael D. Randall, Project Manager, NOAA (w/enclosure) Mr. David Johnson, Ph.D., NOAA (w/enclosure) THE LPA GROUP Project File (w/enclosure) C a 0 m 0 0 c 0 l v E L 0 n 0 l S u L m a P 3 a m L u L f N O C 0 W 9 a ti 'Dt+ dO?°m m?"? NM ?.? NN Ld SO]Y e . TRADER CONSTRUCTION v ?C K ni N. C. UCENSE No. 2943 March 13, 2006 Mr. Henry Wicker U.S. Army Corps of Engineers Wilmington Regulatory Field Office Post Office Box 1890 Wilmington, North Carolina 28402-1890 NEW BERN, N.C. 28563 Q MAR Z 6 Z006 DENR - WATER QUAUTY ?% W4DS P14D STOWINATER 6RAl.C11 nD E C E I V E t DWQ , p0--A - PROJ ;1 SUBJECT: Permit Modification Request for Action ID 200600457, Regional General Permit Number 19820031; Bridge Replacement at Pivers Island, Carteret County, Dear Mr. Wicker: On behalf of the NOAA Center for Coastal Fisheries and Habitat, Trader Construction Company is requesting a permit modification for the above referenced project. Impacts associated with the original permit application were based on a conceptual bridge construction design. The need for the permit modification arose from design changes that were made during the final design phase of the project. The original Regional General Permit Number 19820031 (Action ID 200600457 dated January 31, 2006) was issued for the construction of a five span bridge that would involve 0.042 acres of wetland fill impact on the north side of the bridge, 0.049 acres of fill impacts to a sandy beach area located north of the bridge, and 0.053 acres of open water impacts. The final bridge design is a six span bridge with pilings placed such that they closely mimic the existing bridge, with the two center spans being five feet longer than the existing center spans (refer to the attached plan sheets). Construction of the project based on the final bridge design would result in a reduction in wetland fill impacts from 0.042 acres to 0.037 acres, an increase in sandy beach fill impacts from 0.049 acres to 0.084 acres, and an increase in open water impacts from 0.053 acres to 0.112 acres. The design modifications resulted in a total increase of 0.089 acres of fill impact. The increase in impacts to sandy beach area and open water would result from the installation of rip rap at the base of the new bulkhead for protection from turbulence due to tidal flow under the bridge. L easC ?anara[ (..onfracfor: C 0. - -? PHONE 252/633-2424 FAX 252/633-1370 P.O. DRAWER 1578 Permit ID 200600457 Modification Request - continued Additional temporary impacts would result from the installation of sheet pile walls to construct coffer dams that will allow temporary de-watering for the construction of the new permanent bulkheads at each end of the bridge. The coffer dams would be removed upon completion of the new bulkheads therefore these impacts would be temporary. Trader Construction Company respectfully requests that the referenced 404 Permit be modified to reflect the revisions outlined in this letter. Attached please find plan sheets that indicate the impact areas. If you have any questions or need additional information, please do not hesitate to call. Sincerely, T de Construction Company Mr. David Stevick, P.E. Project Engineer Enclosures cc: Ms. Noelle Lutheran, Division of Water Quality (2 copies) Ms. Tere Barrett, Division of Coastal Management (w/enclosures) Mr. Michael D. Randall, Project Manager, NOAA (w/enclosures) Mr. David Johnson, Ph.D., NOAA (w/enclosures) THE LPA GROUP Project File (w/enclosures) 1) oaf `W 'A rFR gyp?/ ??'• ?G VWG. -1 Nfichael F. Easley, Governor William G. 12oss Jr., Secretary North Carolina Department of Environment and Natural Resources January 27, 2006 Mr. Mike Randall National Oceanographic and Atmospheric Administration Eastern Region CAO/RPFLO/Project Planning Management Division 601 East 120' Street, Room 1749 Kansas City, MO 64106-2877 Alan W. Klimek, P.E. Director Division of Water Quality DWQ Project # 052179 Carteret County SUBJECT: Approval of 401 Water Quality Certification with Additional Conditions Design-Build Replacement of NOAA/NOA Pivers Island Bridge Dear Mr. Randall: You have our approval, in accordance with the attached conditions and those listed below, to fill or otherwise impact 0.091 acres of coastal wetlands and 0.053 acres of open water for the purpose of replacing the existing Pivers Island Bridge in Carteret County, as described within your application dated November 4, 2005 and received by the N.C. Division of Water Quality (DWQ) on December 9, 2005. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number 3404. The Certification allows you to use General Permit 198200031 when issued by the US Army Corps of Engineers (USAGE). In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non-discharge, and NPDES Stormwater regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 Permit. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us 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 conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: 1. Impacts Approved The following temporary and isolated wetland impacts are hereby approved as long as all of the other specific and general conditions of this Certification are met. No other impacts are approved including incidental impacts: Amount Approved (Units) Plan Location or Reference Stream N/A (feet) Isolated Wetlands N/A (acres) Coastal Wetlands 0.091 (acres) Exhibit C - Site Layout Plan Open Water 0.053 (acres) Exhibit C - Site Layout Plan North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington Regional Office Wilmington, NC 28405-3845 An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper Phone (910) 796-7215 Customer Servicel-877-623-6748 One FAX (910) 350-2004 Internet: h2o.enr.state.nc.us NOrthCarohna Naturally NOAA Pivers Island Bridge Replacement January 27, 2006 2. Erosion & Sediment Control Practices 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 Erosion: Control Planning and Design 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 and 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. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Afanual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 3. No Waste, Spoil, Solids, or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre-Construction Notification. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. 4. No Sediment & Erosion Control Measures w/n Wetlands or Waters Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources has released the project. 5. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. 6. Written Stormwater Management Plan (Final Plan Needed) A final, written stormwater management plan shall be submitted to this office and to the 401 Oversight and Express Permitting Unit (2321 Crabtree Blvd., Suite 250, Raleigh, NC, 27604) within 60 days of the issuance of the 401 Water Quality Certification. The runoff from the impervious surfaces must be directed away from surface waters as much as possible and Best Management Practices must be employed in a manner that minimizes water quality impacts. The stormwater management plans shall be approved in writing by this Office before the impacts specified in this Certification occur per Condition No. 6 in WQC No. 3404. I NOAA Pivers Island Bridge Replacement January 27, 2006 Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CANIA Permit. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Noelle Lutheran in the DWQ Wilmington Regional Office at 910-796-7405 or Cyndi Karoly in the Central Office in Raleigh at 919-733-9721. Sincerer, AWK/nunl Alan W. Klimek, P.E. Enclosures: WQC 3404 Certificate of Completion cc: Jeff Reeder, TranSystems Corporation Henry Wicker, USACE Wilmington Regulatory Field Office Ian McMillan, DWQ 401 Oversight Unit Trentt James, DLR Wilmington Regional Office Stephen Rynas, DCM Morehead City File Copy Central Files Fi l en amc: 052179.j an06 all FEB 2006 DENR %"ATEER GLIAUTi 15'ETLFt:?? ?! ?D STC; ?':'"; ?.T ER ERFd "CH D C Y LOCATION MAP VICINITY MAP 1 Nib 1 B 2 F I1N LL?? ??yg Q ° MAR I g 2006 °= 9 a ?Sr'?4'„xy'?rTt € "' ^rt l! DECEdVE Zm ItIg asa b MAR 141006 111 ? $ og 5-xz a o< DWQ o J> PROJ # ° Sheet reference numbers EP-001 A° oo» ?e n ? 00]i D 0 ?W APPROXIMATE AREA OF CONFLICT. OF PROPER A TY LINE OF THE UNITED STATES 7,917 S.F.. I MERICA AS p'W SHOWN ON A MAP BY Po WELL SURVEYING COMPANY DATED m? , y0 AO 9,1994 ANO AMENDER WW OR FORMERLY AUGUST 17,1994, pOONEY P. HOELL AREA OF LI 7 THIS LINE CALLS FOR THE HIGH WATER LINE REED BOON 870, PAGE 21 OF KNASTY HARBOR IN THE HOELL DEED. 1 TRACT II I WW OA FORMERLY C ROONEY P. HOELL BOON 81p, PAGE 21 TRACT I MAP BOOK 28, PAGE 422 n> B a S 15'821' 495.08' 0 N8 M9 40 ?8! ? 12 I \ W86 CONSINUWETLANBU FER e!" N ? - 1 MEAN HIGH WATER LIM AS FLAGGED BY LAW MANAGEMENT GROUP. ANTICIPATED FILL IN WETLANDS 11 In i 4 E s g ?? APPROXIMATE LOCATION OF PROPERTY LINES Q PROPERTY LINE OF THE UNITED STATES X7 _ OF AMERICA AS SHOWN ON A WP BY J POWELL SURVEYING COMPANY DATED AUGUST 9.1994 AND AMENDED k AUGUST 17, 1994. APPROXIMATE PROPERTY LINES OF TRACT II / ACCORDING TO A DEED TO RODNEY P.HOELL RECORDED IN DEED BOON 870,PAGE 21 OF THE CARTERET COUNTY REGISTRY. GALLANTS CHANNEL s MAR 16 2006 ~s ?? of waT 9UAUTY 6*? t Y. c8 .-4 PV 4 • ddy? o, 8 \ 83dF?,?7 PROPOSED BULKHEAD EXTENSION ANTICIPATED FILL IN SANDY BEACH AREA CONSTRUCTION BUFFER n IN WETLANDS J9? z W :? 4Q -- ? 20'9'1611 586.05' ? 2 k N S 14'8142' 1 M A -n-m(TIE LIW] -k l o KEYNOTES / S 15.0'10' " 95.31' (TIE LINE) >>? QI ANTICIPATED FILL IN WETLANDS = 0.037 ACRES q" Q2 ANTICIPATED FILL IN SANDY BEACH AREA = 0,084 ACRES t Q3 ANTICIPATED FILL IN NEW BULKHEAD AREA = 0.112 ACRES? a ; +? 3 w? " ?y a I m/ m ? " ?U PROPOSED BULKHEAD EXTENSION /CAPTURED AREA BY NEW BULKHEADNTIRE AREA IS ROCKS,SUBMERGED a ? AND SEMI-SUBMERGED ! 194 LEGEND O 6'-O'WIDE CONSTRUCTION BUFFER - FILL IN WETLANDS OR SANDY BEACH AREA - FILL IN NEW BRIDGE LANDING AREA BEHIND NEW BULKHEAD - PROPOSED RIP RAP - NEW ASPHALT OR CONCRETE PAVEMENT EXISTING PAVEMENT TO BE REMOVED c` Ib=_I N SFEQ? D 2 CL W O Vi D Ln 5 ? v Z o?1?y J ~F LIJ N Sheet refer noe numbers EP-002 I 2 3 4 5 , + 14+00 15+00 16+00 17+00 ® "fit *a° .§?.5001--5-50OY VC 280.000 ELEV,16.270 0,0- STA,15+81.45 -L- SURVEY GRADE DATA o 40 SPAN A SPAN B SPAN C SPAN D SPAN E SPAN F? W.P. ei - BEGIN BRIDGE W.P. sT - END BRIDGE lit D 30 FIEL ACE 0 END N L FA E Q NO?k3ENT 2 G.P. ELEV. 7.947 G.P. ELEV. 7.947 0 3'-O'x 1'-9' PRESTRESSED 20 TEMPORARY , ONCRETE CORED SLAB UNITS PROPOSED SHEETPILE (TYP.) RIP RAP (TYP.) a WALL ITYPJ O (lA O 10 FIX EXP FIX EXP FIX EXP FIX WATER SURFACE E%P FIX JEXP IX EXP C) ?? 0 1-6' j _ ?IIIIF Gal ITYP.I HP 12x53 1 0 PROPOSED PRO POSED STEEL PILES BULKHEAD BULKHEAD (TYP.END BENTS) 20 APPROXIMATE LINE 20'PRESTRESSED 30 OF EXISTING GROUND CONCRETE PILES (TYP.INTERIOR BENTS) C END BENT 1 BENT 1 BENT 2 BENT 3 BENT 4 BENT 5 END BENT 2 SECTION ALONG BRIDGE o?g RAIL NOT SHOWN FOR CLARITY ?4 V MA ?D - 1 '6 ?Opg D 1 ? W, 302'-9' (FILL FACE Q END BENT 1 TO FILL FACE Q END BENT 2) ¢ F 51'-4 ' 45'-0' 55'-0' 55'-0' 45'-0' 51'-4 ' loftftq h a -EXISTING BULKHEAD Nib (TO REMAIN) G ROADWAY EXISTING ROADWAY EXISTING BULKHEAD E(TOTBE REMOVED) (TO BE REMOVED) (TO REMAIN) ? z EXISTING BRIDGE J (TO BE REMOVED) n 0 BEAUFORT L .? FEW d ASSUMED BULKHEAD e EXTENSION A k o ? i o Cyr \ 1< x `z Q C W ? A. + - - + - - + - - 45 -L- TA 16+87 i l + -L- PIYERS ISLAND X7 . . . Q? 90°-001-00' T SURVEY L FILL FACE Q J T (TYP,) END BENT 2 + LL- O q a 0 t-? BENT 1 ter BENT 2 -? BENT 3 '-r BENT 4 BENT 5 Q , , A SSUMED BULKHEAD F? Z EXTENSION r z Q TEMPORARY SHEETPILE WALL s PROPOSED CL FOR PROPOSED BULKHEAD C.) TEMPORARY SHEETPILE WALL RIP RAP CONSTRUCTION FOR PROPOSED BULKHEAD PROPOSED RIP RAP CONSTRUCTION Sheet reference PLAN numbers SAMPLI P F RM NOT W EP-003 NG LAT O SHO N (TO BE PROVIDED BY OTHERS) ,.1 00 ` UNITED STATES DEPARTMENT OF CO gMERCE a = National Oceanic and Atmospheric Admi iistration OFFICE OF THE CHIEF ADMINISTIZATI ?E OFFICEIZ Project Planning & Managemcnt, E-astem Rt gion 601 East 12'x' Strcet. Room 1 749 Kansas City, Missouri 64106 February 1, 2006 Re: Design-Build Bridge Replacement NOAA/NOS Pivers Island Bridge Beaufort, NC D toe Mr. David Stevick, P. E. MARX ?D 6 Project Engineer iI pF?, ZQQ6 2500 eHwy 70O Eastn Company j'4z,ry New Bern, NC 28560 41vcf, SUBJECT: AUTHORITZATION This letter is provided to acknowledge that Trader Construction Company is hereby allowed o be the Duly Authorized Representative for the U. S. Department of Commerce, NOAA, OCAO; PPMD-Eastern Region in regards to submitting documents and applicable fees for permits, certifications, and/or approvals as applicable for design modifications on the above reference project. If you have any questions or comments, please feel free to contact me at 816/426-7815. Sincerely, W?Ao c' 41o__1 Michael D. Randall Project Manager cc: William Becker - Contracting Officer Roger McCollum - COTR 401 Project Subject: 401 Project From: Patricia Collins <Patricia.Collins@ncmail.net> Date: Mon, 30 Jan 2006 09:27:06 -0500 To: Ian McMillan <Ian.McMillan@ncmail.net>, Cyndi Karoly <Cyndi.Karoly@NCMail.Net>, Henry. M.Wicker. JR@saw02.usace. army.mil, Doug Huggett <Doug.Huggett@ncmail.net> The following project was issued a 401 permit on 01/27/2006 Piver's Island Bridge/NOAA/NOA, DWQ# 2005 2179, Carteret County Patricia Collins Administrative Assistant N.C. Department of Environment and Natural Resources Division of Water Quality - Surface Water Protection Section Wilmington, North Carolina Phone: 910-796-7217 Fax: 910-350-2004 1 of 1 1/30/2006 9:29 AM Triage Check List Date: 12/14/05 Project Name: Rivers Island Bridge c/o NOAA DWQ#: 05-2179 County: Carteret To: Noelle Lutheran, Wilmington Regional Office 60-Day processing time: 12/09/05 to 2/07/06 From: Cyndi Karoly Telephone: (919) 733-9721 The file attached is being forwarded to you for your evaluation. Please call if you need assistance. ? Stream length impacted ? Stream determination Wetland determination and distance to blue-line surface waters on USFW topo maps ? Minimization/avoidance issues ? Buffer Rules (Neuse, Tar-Pamlico, Catawba, Randleman) ? Pond fill Mitigation Ratios ? Ditching ? Are the stream and or wetland mitigation sites available and viable? ? Check drawings for accuracy Is the application consistent with pre-application meetings? ? Cumulative impact concern 1-1 Comments: As per our discussion regarding revision of the triage and delegation processes, please review the attached file. Note that you are the first reviewer, so this file will need to be reviewed for administrative as well as technical details. If you elect to place this project on hold, please ask the applicant to provide your requested information to both the Central Office in Raleigh as well as the Asheville Regional Office. As we discussed, this is an experimental, interim procedure as we slowly transition to electronic applications. Please apprise me of any complications you encounter, whether related to workload, processing times, or lack of a "second reviewer" as the triage process in Central had previously provided. Also, if you think of ways to improve this process, especially so that we can plan for the electronic applications, let me know. Thanks! TT?A\/SYSTrEMS COQ?PO/?AT/ON December 5, 2005 Ms. Noelle Lutheran Division of Water Quality 401/Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Re: Pivers Island Road Bridge Application for 401 Water Quality Certification Dear Ms. Lutheran: 52179 On behalf of NOAA, we are pleased to submit this application for a 401 Water Quality Certification for the referenced project. Attached you will find 7 copies of our application for a 401 Water Quality Certification. Included with this submittal are copies of the Consistency Determination that was submitted to the Division of Coastal Management and the Preconstruction Notification for Confirmation of Compliance with Regional General Permit No. 198200031 that was submitted to the Army Corps of Engineers. We have also included numerous graphical exhibits associated with these documents that should assist you in your review of the project. Also attached are copies of letters from NOAA officials establishing a Finding of No Significant Impact for this project as well as one copy of the original Environmental Assessment which covered the project. (If you need additional copies of the Environmental Assessment or would like an electronic file, please let me know. We have the document copied in PDF format as well.) We appreciate your assistance as well as your patience on this project. We look forward to a successful project that will benefit NOAA and Duke University facilities on Pivers Island. Please feel free to call me if you have any questions. Sincerely yours, 7fReeder, YSTE S CORPORATION P. . Vice President cc: Mike Randall, NOAA File 1:Jct1\docs`,miscA1ut11cranIcttcr120505 v? //R--- 2400 Pershing Road, Suite 400 ? Kansas City, Missouri 64108 ? Phone: (816)329-8600 Fax: (816)329-8602 UNITED STATES DEPARTMENT OF CO rIMERCE National Oceanic and Atmospheric Admix istration OFFICE OF THE CHIEF ADMINISTRATI /E OFFICER Project Planning & Management, Eastern Re ;ion 601 East 12'' Street, Room 1749 Kansas City, Missouri 64106 November 7, 2005 Re: Design-Build Bridge Replacement NOAA/NOS Pivers Island Bridge Beaufort, NC Jeff Reeder Vice President TranSystems Corporation 2400 Pershing Road, Suite 400 Kansas City, MO 64108 SUBJECT: AUTHORITZATION This letter is provided to hereby acknowledge that TranSystems Corporation is hereby autho ized to be the Duly Authorized Representative for the U. S. Department of Commerce, NOAA, C -_AO, PPMD-Eastern Region, and is allowed to submit documents and applicable fees for the follo wing: • 401 Water Quality Certification from the North Carolina Division of Water Quali ty • 404 Regional General Permit from the U. S. Army Corps of Engineers If you have any questions or comments, please feel free to contact me at 816/426-7815. Sincerely, Michael D. Randall Project Manager cc: William Becker - Contracting Officer Roger McCollum - COTR MAWSYSTERAiS LETTER OF TRANSMITTAL CGY2P0/?AT/O_N ?;. 3rd Floor - 2400 Pershing Road, Suite 400, Kansas City, Missouri 64108 (816) 329-8600 ? (816) 329-8602 Fax TO: Noelle Lutheran Division of Water Quality 401 / Wetlands Unit 1650 Mail Service Center Ralei£h, NC 27699-1650 DATE: 12/05/05 JOB NfIAIE: NOAA- Beaufort, NC Pivers Island JOB NO: P101040318 RE: Water Quality Certification Application WE ARE SENDING YOU THE FOLLOIVING ITEMS VIA: ? Mail ? Overnight ? Courier ? Hand Deliver COPIES DESCRIPTION 7 Water Quality Certification Application 7 Consistency Determination 7 Pre-Construction Notification 7 Susan A. Kennedy Letter (United States Dept. of Commerce) 7 Richard W. Spinrad Letter (United States Dept. of Commerce) 7 Environmental Assessment Summary and findings of no significant impact THESE ARE TRANSMITTED AS INDICATED BELOW: S110P DRAIVINGS (As Applicable) ? URGENT!! ? Please Confirm Receipt ? Approved as Submitted ? Approved as Noted ? For Your Use ? For Review and Comment ? Returned for Corrections ? Rejected ® As Requested ? For Your Approval ? See Remarks REMARKS: Also included: 7 copies of Exhibits A, B, C, D, E, F, G, H, J 1 copy of final Environmental Assessment J13g @ 9 ?V gQ 0?c 9 2005 940 ST XTER 6RAILH Y,?T1At1DS Ra CC: SIGNED: e er, P. . Office Use Only: Form Version March 05 20052 179 USACE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) 1. Processing 1. Check all of the approval(s) requested for this project: ? Section 404 Permit ? Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ ® 401 Water Quality Certification ? Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: (COE) 3404 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: ? 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further detail. TuIR U II. Applicant Information DEC y ZOU5 1. Owner/Applicant Information DE K _ WA1ER QUALITY Name: NOAA/NOS/NCCOS/Center for Costal Fisheries andrHa,bitOflSTOa'"WATERBm"CH Mailing Address: Mr. Mike Randall National Oceanoqraphic and Atmospheric Administration Eastern Region CAO/RPFLO/Proiect Planning Manaqement Division 601 East 12th Street, Room 1749, Kansas City, MO 64106-2877 Telephone Number: 816-426-7815 Fax Number: 816-426-7532 E-mail Address: Michael.d.randall@noaa.gov 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Mr. Jeff Reeder Company Affiliation: TranSystems Corporation Mailing Address: 2400 Pershing Road, Suite 400 Kansas City, MO 64108 Telephone Number: 816-329-8600 Fax Number: 816-329-8602 E-mail Address: ilreeder@TranSystems.com Page 1 of 10 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Design-Build Replacement of NOAA/NOA Pivers Island Bridge 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): Tax Exempt No: 19030214 4. Location County: Carteret Nearest Town: Beaufort Subdivision name (include phase/lot number): NA Directions to site (include road numbers/names, landmarks, etc.): The existing and pro- posed bridges are located approximately 114mile south of state highway 70 immediately west of Beaufort and east of Moorehead City, North Carolina. 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): - -76.67203 °N 34.72120 °W (pt. "A" on attached Exhibit J), and -76.67421W 34.7217 °W (pt. "B" on attached Exhibit J.) 6. Property size (acres): Pivers Island is approximately 25 acres in area. The area owned by the NOAH laboratory north of Old Channel is approximately 6 acres. 7. Name of nearest receiving body of water: Old Channel ("Thoroughfare") 8. River Basin: White Oak (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at littp:Hh2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Pivers Island houses the NOAA National Ocean Service Page 2 of 10 Laboratory and the Duke University Marine Laboratory. The sole means of land access to the island is by the Pivers Island Bridge. South of the bridge, the island is developed with several laboratory and support buildings. The area north of the bridge contains Pivers Island Road and existing beach and wetland areas. A small marina, operated bV the adjacent property owner, is located immediately east of the north abutment of the existing bridge. IV. 10. Describe the overall project in detail, including the type of equipment to be used: This project is the removal and replacement of the existinq Pivers Island Bridge. The current bridge is approximately 40 years old, is severely deteriorated and must be replaced to ensure safe vehicular access to the Island. The new two-lane bridge will be located immediately west of the existing bridge and will be slightly higher above the water of Old Channel and will feature a sidewalk and fish sampling platform on the west side of the bridge. The new bridge will be of concrete construction and will be five spans of approximately 60 feet each. The project will require construction of a new abutment and bulkheads on the island to create a landing area for the south end of the bridge and will require construction of a new abutment on the north side. The bridge will be founded on lines of concrete piles in the channel. The existinq Pivers Island Road north of the bridge will have to be re-aligned to accommodate the location of the new bridge. Some realignment of the drives on the island will have to be performed as well. After the new bridge is operational, the old bridge will be demolished and removed from the site. This proiect is a design-build project. NOAH, with assistance from TranSVstems Corporation, has produced a public solicitation in the form of "Design-Build Criteria Documents" that describe the project in detail for bidding bVprospective design-build teams. A copy of the design-build criteria plans for the new bridge is attached to this application for your review. (See attached Exhibits E & F) 11. Explain the purpose of the proposed work:The bridge will replace the existing, deteriorating bridge that spans Old Channel and will link the mainland with Pivers Island. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. A Consistency Determination has been filed with the North Carolina Division of Coastal Management (submitted to Ms. Terre Barrett on April 29, 2005. Additionally, a Preconstruction Notification for Confirmation of Compliance with Reqional General Permit 198200031 has been submitted to Mr. Henry Wicker of the U.S. Army Corps of Enqineers, Wilmington NC. It is our understanding that Mr. Wicker certifications or other useful information. Describe previously approved buffer impacts, along with associated mitigation (where applicable). If this wetland, stream and is a NCDOT project, Page 3 of 10 will issue his final approval of the Confirmation of Compliance after the 401 Water Quality Permit is issued by the Division of Water Quality. A letter stating that this project is consistent with the policies of the Division of Coastal Manaqement was received from Mr. Steven Reinnes and is attached for your convenience. Additionally, this project was part of a multi project program at Pivers Island that was the subject of an environmental assessment performed bVStokes Environmental of Norfolk, VA. Based on the results of this environmental assessment, a FONSI was issued bV NOAA for the proposed program, including the replacement of the Pivers Island Bridge. A copy of the FONSI letter is attached for your convenience and review. V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. No additional permits other than the Corps of Engineers Permit and the Determination of Consistency is anticipated at this time. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: - Wetlands - Impacts to wetlands on the north side of the proposed bridge are shown graphically on the attached Project Plan (Exhibits C and D). The fill area in the wetlands north of the bridge is 0.042 acres. - Perennial Waters (open water impact) - Approximately 0.053 acres of rocks in a shallow tidal area at the south abutment will be impacted. Rocks with oysters will be relocated from this area to accommodate the new bridge. -Sandy Beach Area - area north of proposed bridge (see Exhibits C & D)- approx. 0.049 acres will be covered by new bridge abutment and wing wall structures. Page 4 of 10 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. Wetland Impact Type of Wetland Located within Distance to Area of Site Number Type of (e.g., forested, 100-year Nearest Stream Impact (indicate on map) Impact marsh, herbaceous, Floodplain (linear feet) (acres) bog, etc.) (yes/no) West side of the re-aligned Immed. Pivers Island Road north of Fill Inter-tidal Yes Adjacent to 042 0 the proposed bridge Marsh Old . Channel Total Wetland Impact (acres) 0.042 3. List the total acreage (estimated) of all existing wetlands on the property: 5.1 acres 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. To calculate acreage, multiply length X width, then divide by 43,560. Stream Impact Perennial or Average Impact Area of Number Stream Name Type of Impact Intermittent? Stream Width Length Impact (indicate on ma) Before Impact (linear feet) (acres) No impact 0 Total Stream Impact (by length and acreage) 0 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill, excavation, dredging, flooding, drainage, bulkheads, etc. Open Water Impact Site Number (indicate on ma) Name (if ape) applicable) Type of Impact Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) Area of Impact (acres) Thoroughfare Old Channel Fill channel 0.053 Total Open Water Impact (acres) 0.053 Page 5 of 10 6. List the cumulative impact to all Waters of the U.S. resulting from the project. Stream Impact (acres): 0 Wetland Impact (acres): (Includes Sand Beach) 0.091 Open Water Impact (acres): 0.053 Total Impact to Waters of the U.S. (acres) 0.144 Total Stream Impact (linear feet): 0 7. Isolated Waters Do any isolated waters exist on the property? ? Yes ® No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by tile USACE. 8. Pond Creation NA If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Current land use in the vicinity of the pond: Size of watershed draining to pond: Expected pond surface area: VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts: All construction activities, including demolition, shall be performed in accordance with the Best Management Practices for Construction and Maintenance Activities and requirements of the Division of Water Quality, as published by the North Carolina Department of Transportation, Au_qust 2003. The Contract documents for design and construction of the bridge include this language. The proposed bridge would have one less line of piles in the channel than the existing bridge and will be less disruptive to the environment of the Channel than the current bridge. The proposed bridge will be located as close to the existing bridge as possible to make use of the existing access roadways and to minimize the impact on existing natural areas. The approach roadway alignment has been established to minimize the impact to the existing wetlands. Any shellfish beds that are Page 6 of 10 impacted by the new bulkheads would be relocated to locations approved by the North Carolina Division of Marine Fisheries. As a requirement of the project specifications, the contractor will make every reasonable effort to minimize the impact on fish, wildlife, and the natural environment in conducting the work of the construction contract and minimize degradation of water quality. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwet]ands/strmgide.htm1. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. It is the intent of the Owner (NOAH) to provide compensatory mitigation for all impacts on wetlands that are associated with this proiect. A mitigation plan will be developed by the Owner (NOAH) and submitted to Division of Coastal Management for their review and approval prior to installation. Also, any shellfish beds that are impacted by the construction of new bulkheads on Pivers Island will be moved as part of the project in coordination with the North Carolina Division of Marine Fisheries. Project specifications will require that no spoils Page 7 of 10 will be deposited waterward of normal water level or normal high water, or will cause the degradation of any shellfish beds. 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at http://h2o.enr.stite.nc.us/w!p/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount of Non-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): IX. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federaUstate) land? Yes ® No ? 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call tile SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No ® A Field Environmental Assessment encompassing this protect has been developed and a FONSI for the proposed work has been issued by NOAH. A copy of the Environmental Assessment and FONSI are attached for your rnnvaniAnra 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Page 8 of 10 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ? No 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (square feet) Multiplier Required Mitigation 1 0 3 (2 for Catawba) 2 0 1.5 Total 0 * Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or.0244, or.0260. Not required XI. Stormwater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. This project will have a slight increase in impervious area because of the realignment of Pivers Island Road north and south of the bridge. The increase will be approximately 0.012 acres in aggregate (no increase on Pivers Island and 0.012 acres on the mainland.) Total site area is approximately 25 acres. XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. No sewage disposal XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ? No Page 9 of 10 XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ? No If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o.enr.state.nc.us/ncwetiands. If no, please provide a short narrative description: XV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). This project delivery method for this project will be through a design-build contractor. The final design has yet to be completed. The final design will be performed in accordance with Corps of Engineers and State of North Carolina (Division of Coastal Management and Division of Water Quality) -Mplfli jfan Age s Signature ))ate l is signature is valid only if an authorization letter from the applicant is provided.) Page 10 of 10 Design-Build Replacement of NOAA/NOA Pivers Island Bridge Consistency Determination for NOAA/NOS Center for Coastal Fisheries & Habitat Research Design-Build Replacement of the NOAA/NOS Pivers Island Bridge The following attachments accompany and support this Consistency Determination: • Exhibit A - Location and Vicinity Maps (attached as hard copy and PDF on accompanying CD) • Exhibit B - Existing Survey (attached as hard copy and PDF on accompanying CD) • Exhibit C - Site Layout Plan (attached as hard copy and PDF on accompanying CD) • Exhibit D - Partial Site Layout Plans (attached as hard copy and PDF on accompanying CD) • Exhibit E - Bridge Plan and Elevation (attached as hard copy and PDF on accompanying CD) • Exhibit F - Sections and Details (attached as hard copy and PDF on accompanying CD) • Final Environmental Assessment (PDF version on accompanying CD) • FONSI letter from Department of Commerce (PDF version on accompanying CD) • Copy of RGP-31 Confirmation submitted to U.S. Army Corps of Engineers, Wilmington District (PDF version on accompanying CD) 1. Project Background TranSystems Corporation, as a sub-consultant to Helix Architects under an indefinite delivery contract (IDIQ) with NOAH, has been contracted to produce the Design-Build Criteria Documents for the removal and replacement of the existing Pivers Island Bridge in Beaufort, North Carolina. The Criteria Documents will be issued to prospective contractors as an official "Request for Proposal". This project is being administered through NOAA's Central Administrative Support Center (CASC) in Kansas City. The existing 2-lane Pivers Island Bridge is the sole means of access between the mainland and the island and spans approximately 300 feet across what is known locally as "Old Channel." The island currently serves as the home for the NOAA/NOS Center for Coastal Fisheries and Habitat Research and the Duke University Marine Laboratory. The bridge was constructed in the late 1960's and is a 2-lane, 6-span prestressed I-girder structure. Girders are supported by reinforced concrete pile caps at 50-feet on center within the channel and concrete abutments at the north and south ends. The bridge is founded on square concrete piles. The existing bridge girders have experienced significant deterioration over their life. Until three weeks ago, the bridge had been limited to one lane of traffic instead of the 2-lanes as originally designed. Earlier this year, a shoring system was designed for the end span girders of the bridge in order to prolong the life of the bridge until a replacement bridge could be constructed. This shoring installation was completed approximately April 1, 2005 and the bridge was re-opened to two lanes of traffic on April 6, 2005. It is NOAA's intent to extend the life of the current bridge to allow time for design-build criteria documents to be produced and a design-build contractor to provide final design and ultimately construct the new bridge. Design Criteria - It is the design intent that the replacement bridge will be durable, easily maintained, and will have a service life in excess of 50 years. In order to reduce the amount of splash on the underside of the bridge structure, the bridge profile will be raised approximately two feet from its current profile. CONSISTENCY DETERMINATION Design-Build Replacement of NOAA/NOA Pivers Island Bridge The new bridge will be a 2-lane concrete structure similar in appearance to the existing bridge, utilizing North Carolina DOT standard prestressed girders supporting a cast-in-place concrete deck. Girders will be supported by cast-in-place concrete pile caps bearing on either concrete or jacketed steel piles. A 6 feet wide sidewalk will be located on the east side of the bridge. The new bridge will have a structural steel sampling platform on the east side of the bridge that will be accessed from the sidewalk. This sampling platform is used by the NOAA laboratory to obtain biological samples from the channel during tidal movement. (The current bridge had a sampling platform at one time, but it was destroyed during a hurricane within the last 5 years and has not been replaced.) The design of the new Pivers Island Bridge will meet the requirements and standards of North Carolina DOT and will be in accordance with the North Carolina DOT Roadway Design Manual and all referenced AASHTO requirements. The bridge will be designed as a 2-lane bridge. Lane widths will be 11 feet. The bridge will be designed using " HS20-44" design truck loading which is the standard used throughout the U.S. for bridge design. The bridge will be designed for hurricane force winds and tidal surge effects. Bridge Location- Two possible locations were studied for the new bridge: East of the existing bridge and west of the existing bridge. The two options were compared to determine which alignment would be the Least Environmentally Damaging Practical Alternative. A discussion of the two options follows: Option 1: "East Alignment" - For this option, the existing bridge would be left in use until the new bridge is operational at which time the existing bridge would then be demolished. The NOAA and Duke labs were opposed to this option because of the considerable disruption it would cause with existing improvements, traffic flow to and on the island, and general lab operations. Since operations at the labs are ongoing, access to all NOAA and Duke facilities would have to be maintained which could impact sequencing of construction and result in higher construction costs. The NOAA lab recently constructed a new floating dock and concrete boat ramp east of the existing bridge that would have to be removed so the new bridge could be constructed. This ramp would have to be relocated to another site and could possibly require the construction of a new access road as well as a new environmental impact study to be conducted relative to the new facility. No site was identified as a possible location for a relocated ramp. Construction of a new ramp would be potentially more disruptive to the environment than leaving the existing ramp in place. The proposed bridge will have five spans while the existing bridge has six spans. The new bridge will be founded using concrete piles that will be driven in the Channel. The proposed bridge will therefore have one less line of piles in the channel than the existing bridge and will be less disruptive to the environment of the Channel than the current bridge. The attached bridge plan and profile in Exhibit E shows the proposed arrangement of pile supports for the bridge. The overhead power lines and associated easement on the east side of the existing bridge would have to be relocated as well for this option, or special bridge detailing and construction techniques, such as the use of spliced piles and low height cranes, would be required for construction. Relocation of the power lines, in addition to being expensive, would also be disruptive environmentally, requiring new support structure in the vicinity of the channel. These special construction measures would increase the cost of the bridge. Another possible problem with this scenario concerns the location of the property line north of the existing bridge. Based on conversations with the team surveyor, Bob Jones of Robert H. Goslee Surveying, there exists conflicting information on where NOAA's eastern property line is located. Depending on where the property line is located according to the surveyor's research, it may be difficult to locate the north approach slab in this area. For this option, the existing bridge would be left in operation until the new bridge is operational and would then be demolished. The contractor will be required to demolish the bridge in a manner that will not introduce any bridge remnants or debris into the existing channel. All demolished materials will be required to be removed and disposed CONSISTENCY DETERMINATION 2 Design-Build Replacement of NOAAINOA Pivers Island Bridge of in an approved landfill or construction waste area. Existing concrete bridge piles will be removed approximately to the mud line of the channel, except the northernmost piles. These piles are located in a shellfish sampling area and removal of these piles could be disruptive to the shellfish habitat. Option 2: "West Alignment" - The NOAA and Duke laboratory personnel are in favor of this option. The majority of construction on the island side will be limited to the area west of the existing bridge approaches so disruption to traffic serving the facilities would be minimized. The new boat ramp would be unaffected and the overhead electrical lines could be left in place. This Option would require realignment of the bridge approaches on the island and mainland. Both approaches would require a gentle reverse curve in the roadway to access the bridge (see attached bridge plan). It is the design intent for this alignment to locate the new bridge as close to the existing bridge as possible while still allowing reasonable construction access. This would help to minimize impacts on the natural areas immediately west of the existing bridge and west of the approach roadway. Some small trees and bushes (predominantly wax myrtles or various sizes) would have to be removed on both the mainland and island so the new approaches and associated shoulders could be constructed. The Final Environmental Assessment by Stokes Environmental states that these areas of wax myrtles are possible habitat for the painted bunting. The alignment would also require the removal of some native grasses on the beach area west of the existing bridge. There will also be some fill required in the wetlands area west of the north approach to the bridge. The area of wetlands that will have to be filled is estimated at 0.042 acres on the delineated wetlands and the proposed bridge alignment and shoulder geometry. (Wetlands were staked by Mr. Larry Baldwin of Land Management group.) The area of the beach adjacent to the north abutment that will receive fill is 0.049 acres. The new bridge will require the extension of the existing concrete bulkheads on the island to create an area of land of approximately 2,265 square feet, or approximately 0.053 acres, for the south abutment and realigned Pivers Island Road. The westward extension of the bulkhead under the existing bridge and the northward extension of the west bulkhead of the island could encroach on existing shellfish beds. Any shellfish beds that are impacted by the new bulkheads will be relocated to locations approved by NOAA and governing agencies. The attached bridge plan shows the area of land to be created to accommodate the south abutment of the bridge and the realigned Pivers Island Road. Like the East Alignment Option, the existing bridge would be left in operation and demolished when the new bridge is complete. The bridge design would be identical for either alignment and would be equally as disruptive to the channel environment. Based on this comparison of locations, the West Alignment was determined as being the Least Environmentally Damaging Practical Alternative. A more thorough discussion of the impacts on aquatic resources follows: 2. Areas of Environmental Concern As defined in the North Caroline Administrative Code, Title 15A, Chapter 7, Subchapter H, this project is located in an "Area of Environmental Concern" (AEC). This project falls under the definition of "Estuarine and Ocean Systems Categories," ( in particular, estuarine waters, coastal wetlands, and public trust areas). This project is consistent with the enforceable policies of Subchapter 7H as noted in the sections below. 15A NCAC 07H.0205 establishes management objectives to conserve and manage coastal wetlands to help "safeguard and perpetuate their biological, economic and aesthetic values." The approach roadway alignment has been established to minimize the impact to the existing wetlands. Exhibits C and D show CONSISTENCY DETERMINATION Design-Build Replacement of NOAA/NOA Pivers Island Bridge the anticipated fill required in the existing wetland west of the north approach roadway, fill on the beach area by the north abutment, and fill required for extending the bulkheads on the island. This estimated area of wetland to be filled is 0.042 acres, the fill on the beach area is 0.049 acres, and the fill in the bulkhead area on the island is 0.053 acres. Other than the creation of the roadbed and shoulders in the existing wetlands area north of the proposed bridge, there will be no discharge of dredged or fill material into the wetlands. The more stringent provisions of The North Carolina Department of Transportation "Best Management Practices for Construction and Maintenance Activities" and DWQ's "Storm Water Best Management Practices " (BMPs) will be specified for construction of the project. Project specifications require that site-specific stormwater management shall be designed to remove 85% of total suspended solids (TSS) in accordance with the DWQ's BMPs. The project specifications also require that a stormwater management plan be developed by the successful design-build contractor and submitted to the DWQ for their records. The stormwater management plan will include provisions to control runoff from construction areas into the wetlands area. It is the intent of the Owner (NOAA) to provide compensatory mitigation for all impacts on wetlands that are associated with this project. A mitigation plan will be developed by the Owner and submitted to DCM for their review and approval prior to installation. 15A NCAC 0X3.0206 establishes policies to "conserve and manage the important features of estuarine waters so as to safeguard and perpetuate their biological, social, aesthetic, and economic values." The proposed bridge project has been designed to have one less line of pile supports in the channel than the existing bridge. Additionally, the proposed bridge profile will be approximately two feet higher than the existing bridge. The greater vertical clearance to structure and the fewer support piles will result in fewer impediments for watercraft and reduce splash on the structure and resulting deterioration. The project specifications will require that the channel be open to watercraft traffic throughout construction. The specifications for design-build construction of the Pivers Island Bridge will require that, "to the greatest extent practicable," all construction activities authorized by the RGP will be conducted "in the dry." The specifications will require that barriers be installed between work areas and the aquatic habitat to protect the habitat from cement and other pollutants. The contractor will be required to prevent fresh or uncured concrete from coming into contact with waters of the State until the concrete has cured. The contractor will be required to demolish the bridge in a manner that will not introduce any bridge remnants or debris into the existing channel. All demolished materials will be required to be removed and disposed of in an approved construction/demolition landfill or construction waste area. Existing concrete bridge piles will be removed approximately to the mud line of the channel. As described in 7H.0205 above, the more stringent provisions of The North Carolina Department of Transportation "Best Management Practices for Construction and Maintenance Activities" and DWQ's "Storm Water Best Management Practices " (BMPs) will be specified for construction of the project and to control any runoff into Old Channel. Based on information supplied by the NCDMF and Wildlife Resources Commission, this project is not located in an area designated as a "primary nursery area," and it is our understanding that it is not required to contact the North Carolina Division of Marine Fisheries or the North Carolina Wildlife Resources Commission for coordination. However, it is the intent of the applicant to issue a notice to proceed to the successful design-build contractor in October, 2005 and to require that construction of the piles, bulkheads, and other activities occur in the winter months in a period of low biological activity. It is our understanding, based on information supplied by the North Carolina Wildlife Commission, that the site has no anadromous fish. Also, the NMFS indicates that mammals and turtles do not consistently use this area during any month. Based on this information, it was determined that the proposed construction activities will not result in substantial permanent disruption of movement of indigenous species of aquatic life. Additionally, the existing Pivers Island Bridge will be demolished after the completion of the new bridge. The piles for the existing bridge will be removed to the mudline. The existing north abutment will be left in place in order not to destabilize the bulkhead at that location. CONSISTENCY DETERMINATION 4 Design-Build Replacement of NOAA/NOA Pivers Island Bridge 15A NCAC 07H .0207 establishes policies to "protect public rights for navigation and recreation and to conserve and manage the public trust areas so as to safeguard and perpetuate their biological, economic, and aesthetic value. This project will not impede the public's ability to navigate through Old Channel. Although this bridge will have a sampling platform that will reduce the navigable way under a portion of the bridge, the higher bridge deck elevation and fewer lines of support piles should provide equal or better navigation than what is experienced currently or was experienced when the existing bridge had a sampling platform. 15A NCAC 0711.0208 establishes use standards for projects in an Area of Environmental Concern. (a) General Use Standards (applicable sections) 1. A bridge is defined as a project type that is water dependent. 2. The applicant has complied with the following standards: (A) The proposed location, design and need for development have been established in the introductory sections of this document. (B) The permit letting authority for this project, the U.S. Army Corps of Engineers, Wilmington District, has been given a Preconstruction Notification for Confirmation of Compliance with Regional General Permit 1982000031 (RGP), concurrent with this Consistency Determination.. It is discussed and demonstrated in this Consistency Determination and the RGP that there exists no suitable alternative site or location outside of the AEC for this bridge. (C) This project will not violate water and air quality standards. The more restrictive of provisions of The North Carolina Department of Transportation "Best Management Practices for Construction and Maintenance Activities" and DWQ's "Storm Water Best Management Practices " (BMPs) will be specified for construction of the project and to control any runoff into Old Channel or adjacent wetlands. (D) Based on the conclusions of the Final Environmental Assessment by Stokes Environmental, dated August 22, 2003, there is no anticipated damage to archaeological resources as a result of the project. (E) It will be a requirement in the project specifications that the contractor follow the BMPs of the DWQ and NCDoT to control siltation. (F) This project will not create any stagnant bodies of water. All newly developed areas will be graded to drain by gravity to surrounding wetlands or estuarine waters. (G) The project will be scheduled to minimize impact on the life cycles of estuarine and ocean resources. The discussion in section 15A NCAC 07H.0206 above expands on this item. (H) This project will not impede navigation through Old Channel. See further discussion in 15A NCAC 07H.0206 above. 3. NOAA will provide compensatory mitigation for any wetlands that are impacted as a result of this project. A mitigation plan will be developed by the Owner and submitted to DCM for their review and forwarded to the relevant State agencies for approval prior to installation. 4. Based on information supplied by the NCDMF and Wildlife Resources Commission, this project is not located in an area designated as a "primary nursery area." 5. Based on information supplied by DCM, this project is located in an area of Outstanding Resource Waters. This project is a replacement of an existing bridge and is consistent with the standards adopted by the CRC, EMC, and Marine Fisheries Commission for estuarine waters and coastal wetlands. Best Management Practices of the North Carolina Division of Water Quality CONSISTENCY DETERMINATION 5 Design-Build Replacement of NOAA/NOA Pivers Island Bridge and the North Carolina Department of Transportation will be required on this project so as not to degrade the water quality of outstanding resource values. 6. This project will not be constructed in areas having submerged aquatic vegetation in the public trust and estuarine waters. (b) Specific Use Standards (applicable sections) 7. (A) Bulkheads or extensions of existing bulkheads are planned at each end of the bridge and will be aligned to approximate the mean high water level. (B) Bulkheads will not be constructed near marshland or marshland fringes. (C) The project specifications will require the successful design-build contractor to obtain any fill material from an approved upland source. (D) Not applicable. Bulkheads will be constructed to mean high water level. (E) Not applicable. 15A NCAC 07H.0209 establishes management policies to "ensure that shoreline development is compatible with both the dynamic nature of coastal shorelines as well as the management objectives of the estuarine and ocean system." Other objectives are "to conserve and manage the important natural features of the estuarine and ocean system so as to safeguard and perpetuate their biological, social, aesthetic, and economic values." The proposed alignment of the new bridge will require the construction of the north abutment and associated bulkhead on the beach area immediately west of the existing bridge north abutment. This beach area is owned by the U.S. Government. It is the intent of the proposed plan to limit the impact on this beach area as much as practicable by locating the proposed bridge as close to the existing bridge as possible. Any new bulkhead will extend to the west of the proposed abutment to help stabilize the beach area and to resist erosion. (d) Use Standards 3. As part of the specifications for this project, the design-build contractor will be required to comply with the mandatory standards of the North Carolina Sedimentation Pollution Control Act of 1973, including: creation of a buffer zone along the channel to confine siltation; limitation of grade slopes allowing vegetation to act as the primary erosion control; and planting of ground cover in uncovered areas within 30 days of completion of final grading. 4. This project will alter coastal wetlands because of the required alignment of the north approach roadway. NOAA has agreed to provide compensatory mitigation for any affected wetlands area on Pivers Island. Also, any shellfish beds that are impacted by the construction of new bulkheads on Pivers Island will be moved as part of the project in coordination with the North Carolina Division of Marine Fisheries. Project specifications will require that no spoils will be deposited waterward of normal water level or normal high water, or will cause the degradation of any shellfish beds. This development will not interfere with the public's access to navigable waters or public resources. 6. N.A. CONSISTENCY DETERMINATION Design-Build Replacement of NOAA/NOA Pivers Island Bridge 7. Based on the conclusions of the Final Environmental Assessment by Stokes Environmental, dated August 22, 2003, there is no anticipated damage to archaeological resources as a result of the project. 8. The public's rights to access to public trust lands and waters will not be impacted by this project. 9. This project use is consistent with the general use standards of 15A NCAC 07H .0208 as discussed above. The contractor will be required to comply with the more restrictive of provisions of The North Carolina Department of Transportation "Best Management Practices for Construction and Maintenance Activities" and DWQ's "Storm Water Best Management Practices" (BMPs) and the North Carolina Sedimentation Pollution Control Act of 1973, to control any runoff into Old Channel or adjacent wetlands. 10. N.A. Construction of the bridge (or of any bridge) cannot be located a distance of 30 feet landward of normal water level or normal high water level. The bridge is a water dependent use. 15A NCAC 07H.0601 establishes the policy that "no development shall be allowed in any AEC which would result in a contravention or violation of any rules, regulations, or laws of the State of North Carolina or of local Government in which the development takes place." This policy will be explicitly stated in the project specifications. Additionally, a copy of this Consistency Determination and the Regional General Permit 31 Confirmation of Compliance has been submitted to Carteret County simultaneous with this submission for review for compliance with the County's Land Use Plan. 15A NCAC 07H .0602 establishes the policy that no development shall be allowed that has a substantial likelihood of causing pollution in waters where shellfishing takes place. It is the intent of this project to protect and relocate any affected shellfish beds. Additionally, the northernmost line of piles of the existing bridge and the north abutment will be left so as not to disturb the existing shellfish sampling area in the vicinity. 15A NCAC 07M .0301 establishes management objectives to ensure public access to public beaches and waters. There are no public beaches in the vicinity of this project. 15A NCAC 07M.0700 establishes policies for mitigation should a project have adverse impacts. While the project has been designed to avoid adverse impacts to the greatest extent practicable, the project will have adverse impacts on three specific areas; the wetlands area west of the north approach roadway; the beach area immediately west of the existing bridge north abutment; and the shellfish beds located in the area where new bulkheads will be constructed on Pivers Island. It is the intent of the Owner (NOAA) to provide compensatory mitigation for any impacts on wetlands that are associated with this project. The shellfish beds that would be disturbed by the construction of the new bulkheads will be moved as part of the project requirements. Additionally, as part of the project specifications, the wax myrtles that will be affected in order to accommodate the realigned approach roadways will be salvaged and replanted. If it is impossible to save these mature plants, the project specifications will require that the contractor replace the plants with plants of the same caliper or largest caliper commercially available in an arrangement to be approved by the NOAA and Duke Laboratories. A mitigation plan will be developed by the Owner and submitted to DCM and forwarded to relevant State agencies for their review and approval prior to construction. 15A NCAC 07111.0800 establishes management objectives for waters of the coastal area that have traditionally been used for commercial and recreational fishing, swimming, hunting, recreational boating and commerce. This project does occur adjacent to and over estuarine waters ("Old Channel") and project specifications will require that the project will not degrade the water quality so as to impair CONSISTENCY DETERMINATION 7 Design-Build Replacement of NOAA/NOA Pivers Island Bridge traditional uses. Specifications will establish requirements for stormwater runoff, control of siltation, and turbidity. CONSISTENCY DETERMINATION Design-Build Replacement of NOAA/NOA Pivers Island Bridge Preconstruction Notification for Confirmation of Compliance with Regional General Permit No. 198200031 Submittal To: District Engineer U.S. Army Engineer District, Wilmington Corps of Engineers Post Office Box 1890 Wilmington, NC 28402-1890 Applicant (Owner): NOAA/NOS/NCCOS/Center for Coastal Fisheries and Habitat Research Contact: Mr. Mike Randall National Oceanographic and Atmospheric Administration Eastern Region CAO/RPFLO/Project Planning Management Division 601 East 12th Street, Room 1749 Kansas City, MO 64106-2877 e-mail: michael.d.randall@noaa.gov Applicant's Engineer, Contact: TranSystems Corporation Mr. Jeff Reeder TranSystems Corporation 2400 Pershing Road, Suite 400 Kansas City, MO 64108 Phone: (816) 329-8600 e-mail: jlreeder@transystems.com Project Name: Design-Build Replacement of the NOAA/NOS Pivers Island Bridge Submittal Date: April 29, 2005 The following attachments accompany and support this Confirmation of Compliance Document: • Exhibit A - Location and Vicinity Maps • Exhibit B - Existing Survey • Exhibit C - Site Layout Plan • Exhibit D - Partial Site Layout Plans • Exhibit E - Bridge Plan and Elevation • Exhibit F - Sections and Details • Final Environmental Assessment (PDF version on accompanying CD) • FONSI letter from Department of Commerce (PDF version on accompanying CD) • Copy of Consistency Determination submitted to NC Division of Coastal Management (PDF version on accompanying CD) CONFIRMATION OF COMPLIANCE Design-Build Replacement of NOAA/NOA Pivers Island Bridge 1. Special Conditions a. Written Confirmation - This document shall serve as written confirmation that the work proposed for the referenced project complies with the Regional General Permit (RGP) No. 198200031 that is currently in effect. The RGP is for work "in or affecting navigable waters of the United States" and authorizes "the discharge of dredged or fill material in waters of the United States, including wetlands, associated with the construction, maintenance and repair of bridges.... as part of work conducted by the North Carolina Department of Transportation (NCDOT) or other State, Federal or governmental entity, in the State of North Carolina." (1) Project Location - The project is located in Beaufort, North Carolina, and is titled as the "Design-Build Replacement of the NOAA/NOS Pivers Island Bridge." The bridge will replace the existing bridge that spans Old Channel and will link the mainland with Pivers Island. The island is currently home to NOAA National Ocean Service Laboratory and the Duke University Marine Laboratory. A map of the project location is shown on Exhibit A attached. Exhibit B shows the topographical survey of the project location. Exhibits C & D show graphically the encroachment of the north approach roadway into adjacent wetlands area and Exhibits E and F show the preliminary construction plans for the proposed bridge. Wetlands were delineated for this project by the Land Management Group. (2) Project Plans -Plans for the proposed replacement bridge have been developed to approximately the 35% completion level in accordance with the Engineer's scope of services and what is customary for inclusion in design-build criteria documents. These plans and details, in 11" x 17" format, are attached to this document as Exhibits E and F. The plans show a new two-lane concrete bridge to be constructed immediately west of the existing Pivers Island Bridge. The plans show the existing bridge (to be demolished) the preferred bridge plan alignment and dimensions, the preferred bridge profile, selected typical bridge details and anticipated fill that will be required in any existing wetland areas to accommodate the bridge and/or approach roadways. Plans also show anticipated quantities of materials, locations of all pertinent structures, and the normal high water elevation contour in impacted areas. (3) Affected Aquatic Resources - An alternatives analysis was performed to determine the best location for the proposed Pivers Island Bridge. In studying bridge location alternatives, the Applicant's primary criterion was to avoid project impacts on the environment to the greatest extent practicable. We have attempted to minimize the extent of any unavoidable impacts. It is understood that all unavoidable impacts will be mitigated through compensatory actions and in accordance with the Mitigation and Monitoring Guidelines of the U.S. Army Corps of Engineers. The proposed Pivers Island Bridge will be served by Pivers Island Road on the mainland and island sides of the bridge. It was practical to locate the proposed bridge as close to the existing bridge as possible to make use of the existing access roadways and to minimize the impact on existing natural areas. Two options were studied for the proposed bridge location: immediately east of the existing bridge and immediately west of the existing bridge. A description of the proposed alignments follows along with a discussion of the impact on environmental resources. CONFIRMATION OF COMPLIANCE 2 Design-Build Replacement of NOAA/NOA Pivers Island Bridge Option 1: "East Alignment" - For this option, the existing bridge would be left in operation until the proposed new bridge is operational at which time the existing bridge would then be demolished. The NOAA and Duke labs were opposed to this option because of the disruption it would cause with existing improvements and traffic flow on the site. Access to all NOAA and Duke facilities would have to be maintained which could impact sequencing of construction and result in additional construction costs. The lab recently constructed a new dock and boat ramp east of the existing bridge that would have to be removed so the new bridge could be constructed. This ramp would have to be relocated to another site and could possibly require the construction of a new access road as well as new environmental documentation to be conducted relative to the new facility. No site was identified as a possible location for a new dock and boat ramp. Construction of a new ramp would be potentially more disruptive to the environment than leaving the existing ramp in place. The proposed bridge would have five spans while the existing bridge has six spans. The new bridge would be founded using concrete piles that will be driven in the Channel. The proposed bridge would therefore have one less line of piles in the channel than the existing bridge and would be less disruptive to the environment of the Channel than the current bridge. The attached bridge plan and profile in Exhibit E shows the proposed arrangement of pile supports for the bridge. The overhead power lines and associated easement on the east side of the existing bridge would have to be relocated as well for this option, or special bridge detailing, such as the use of spliced piles and low height cranes, would be required for construction. Relocation of the power lines, in addition to being expensive, would also be environmentally disruptive, requiring new support structure in the vicinity of the channel. These special construction measures would increase the cost of the bridge. Another possible problem with this scenario concerns the location of the property line north of the existing bridge. Based on conversations with the team surveyor, Bob Jones of Robert H. Goslee Surveying, there exists conflicting information on where NOAA's eastern property line is located. Depending on where the property line is located according to the surveyor's research, it may be difficult to locate the north approach slab in this area. For this option, the existing bridge would be left in operation until the new bridge is operational and would then be demolished. The contractor would be required to demolish the bridge in a manner that would not introduce any bridge remnants or debris into the existing channel. All demolished materials would be required to be removed and disposed of in an approved landfill or construction/demolition landfill. Existing concrete bridge piles would be removed approximately to the mud line of the channel. Option 2: "West Alignment" - The NOAA and Duke personnel are in favor of this option. The majority of construction on the island side would be limited to the area west of the existing bridge approaches so disruption to traffic would be less than Option 1. The new boat ramp would be unaffected and the overhead electrical lines could be left in place. This Option would require realignment of the bridge approaches on the island and mainland. Both approaches would require a gentle reverse curve in the roadway to access the bridge (see attached bridge plan). Some small trees and bushes and native grasses would have to be removed on both the mainland and island so the new approaches and associated shoulders could be constructed. There would also be some fill placement required in the wetlands area west of the north approach to the bridge. The new CONFIRMATION OF COMPLIANCE 3 Design-Build Replacement of NOAA/NOA Pivers Island Bridge bridge would require the extension of the existing concrete bulkheads on the island to create an area of land of approximately 2,265 (0.053 acres) square feet for the south abutment and realigned Pivers Island Road. The westward extension of the bulkhead under the existing bridge and the northward extension of the west bulkhead of the island could encroach on existing shellfish beds. Any shellfish beds that are impacted by the new bulkheads would be relocated to locations approved by the North Carolina Division of Marine Fisheries. The attached bridge plan shows the area of land to be created to accommodate the south abutment of the bridge and the realigned Pivers Island Road. Like the East Alignment Option, the existing bridge would be left in operation and demolished when the new bridge is complete. The bridge design would be identical for either option and would have similar impact to the channel environment. Based on this comparison of locations, the Option 2 West Alignment was determined as being the least environmentally damaging practical alternative A more thorough discussion of the impacts on aquatic resources follows: Impact in Channel - The proposed bridge will have five spans while the existing bridge has six spans. The new bridge will be founded using concrete piles that would be driven in the Channel. The proposed bridge would therefore have one less line of piles in the channel than the existing bridge and will be less disruptive to the environment of the Channel than the current bridge. The attached bridge plan and profile on Exhibit E shows the proposed arrangement of pile supports for the bridge. Impact of Bulkhead Extensions on Island - The new bridge would require the extension of the existing concrete bulkheads on the island to create an area of land of approximately 2.265 (0.053 acres) square feet for the south abutment and realigned Pivers Island Road. The westward extension of the bulkhead under the existing bridge and the northward extension of the west bulkhead of the island could encroach on existing shellfish beds. Any shellfish beds that are impacted by the new bulkheads would be relocated to locations approved by the North Carolina Division of Marine Fisheries. The attached bridge plan shows the area of land to be created to accommodate the south abutment of the bridge and the realigned Pivers Island Road. Realignment of Pivers Island Road, North of Bridge - This option would require that Pivers Island Road be realigned on the mainland side of the Channel to accommodate the proposed bridge location. This realignment would require the removal of some existing vegetation on the west side of the road and will also require some fill in the existing wetlands immediately west of the road in order to create the new roadbed and shoulder and side slope. Exhibits C and D show the estimated impact on the existing wetlands area. It is estimated that the area of wetlands that will be impacted is 0.042 acres, the area of sandy beach that would be impacted is 0.049 acres. • Demolition of Existing Bridge - The existing Pivers Island Bridge would be demolished after the completion of the new bridge. The contractor would be required to demolish the bridge in a manner that would not introduce any CONFIRMATION OF COMPLIANCE 4 Design-Build Replacement of NOAA/NOA Pivers Island Bridge bridge remnants or debris into the existing channel. All demolished materials would be required to be removed and disposed in an approved construction/demolition landfill. Existing concrete bridge piles will be removed approximately to the mud line of the channel. Demolition will be in accordance with North Carolina Department of Transportation standards including the Best Management Practices for Construction and Maintenance Activities and the North Carolina Division of Water Quality Storm [Vater Best Management Practices. It is the design intent that all piles would be removed as part of the demolition of the existing bridge. The abutment on the north side of the existing bridge would be left in place so as not to destabilized the existing bulkhead at that location. There would be no environmental impact by leaving the abutment in place because there is no emergent seagrass at this location. (4) Approximate Commencement and Completion Dates - We anticipate that construction on the project will begin in January 1, 2006 and will be completed by March 31, 2007. (5) Methods to be Employed to Minimize Impact on Aquatic Resources- All construction activities, including demolition, shall be performed in accordance with the Best Management Practices for Construction and Maintenance Activities, as published by the North Carolina Department of Transportation, August 2003. (6) Techniques for Construction, Stabilization, and Removal of Unavoidable Temporary Fills - All construction activities, including demolition, shall be performed in accordance with the Best Management Practices for Construction and Maintenance Activities, as published by the North Carolina Department of Transportation, August 2003. Competent Center for Coastal Fisheries and Habitat Research (CCFHR) staff will monitor compliance with these BMPs. (7) Adjoining Property Owners -The south end of the proposed bridge will be located on Pivers Island. Pivers Island is surrounded by estuaries of the Newport River, namely "Back Sound" on the west and "Beaufort Channel" or "Gallants Channel" on the east and south. The north side of the island in bounded by a narrow channel named "Old Channel," which is approximately 300 feet wide. The proposed bridge will span Old Channel. This channel is noted as "Thoroughfare" on the attached survey and will be referred to hereafter as "the Channel." All channels mentioned are public waters. On the north side of the bridge, the U.S. Government owns all land on which any construction will take place. The property immediately to the east of the Government property is deeded to Rodney P. Hoell. The government property abuts the right of way for Old Causeway Road on the north (also known as "County Road 1205" or "Old Morehead Road" on some local databases.) The State of North Carolina owns a small irregularly shaped parcel of approximately one-half acre west of Pivers Island Road north of the bridge. This parcel is surrounded by U.S. Government property. b. Fill Areas and Impacts on Aquatic Resources - Based on the preferred approach roadway and bridge alignment, the total area of fill anticipated for the project is 0.144 acres. This total fill area includes fill required in the wetlands area on the north approach roadway (0.042 acres) and the fill area behind the proposed bulkhead on the northwest corner of Pivers Island CONFIRMATION OF COMPLIANCE Design-Build Replacement of NOAA/NOA Pivers Island Bridge (0.052 acres), and fill on the beach area at the north abutment (0.049 acres). The bulkhead is being extended on Pivers Island in order to accommodate the construction of the bridge abutment and adjacent approach roadway alignment. It is our understanding that the Corps of Engineers' Project Manager will make a wetlands determination, after visiting the site and reviewing the attached plans, if the impact on aquatic resources warrants a review by Federal and State agencies. It is our understanding that the Division of Coastal Management will distribute plans and associated materials to these and other State agencies, if required: • The U.S. Fish and Wildlife Service (USFWS) • The National Marine Fisheries Service (NMFS) • The U.S. Environmental Protection Agency (EPA) • The North Carolina Department of Environment and Natural Resources (NCDENR) It is also our understanding that if the Corps of Engineers' Project Manager determines that the impacts of the project are minimal (or can be made minimal by changes agreed to by the applicant) a letter of authorization to proceed will be provided. c. Forwarding of Plans to Selected Agencies, for Fills Greater Than One Acre - Since the calculated area of fills for the project is less than one acre, the forwarding of plans to the agencies listed under item b. above will be performed only if requested by the Corps of Engineers' Project Manager. d. Location of Work - The proposed work is in Carteret County. Because this is one of the coastal counties as defined by the North Carolina Division of Coastal Management, a copy of this Preconstruction Notification has been forwarded to: National Marine Fisheries Service 101 Pivers Island Road Beaufort, North Carolina 28516 Attention: Mr. Ron Sechler It is the Applicant's understanding that Carteret County currently has a Land Use Plan in effect. A copy of this Preconstruction Notification has been forwarded to Katrina Marshall at the County for review and comment to assure compliance with the Land Use Plan. e. State Authorizations - It is our understanding that State authorizations are required before the Wilmington District Engineer will issue any approval for this project. A Consistency Determination has been filed with the North Carolina Division of Coastal Management concurrent with this RGP Confirmation of Compliance. f. Notice to Proceed - It is understood that no work will proceed on this project until the applicant receives written notice to proceed from the U.S. Army Corps of Engineers, Wilmington District Engineer. g. Removal of Temporary Fills and Site Restoration - All temporary fills used for construction of the proposed Pivers Island Bridge or realigned roadways will be completely removed from the site. It is not anticipated at this time that any temporary fills will be required that will impact wetland areas. CONFIRMATION OF COMPLIANCE 6 Design-Build Replacement of NOAA/NOA Pivers Island Bridge li. Soil and Erosion Control Measures - All construction activities, including demolition, shall be performed in accordance with the Best Management Practices of the North Carolina Division of Land Resources. i. Alignment of Approaches and Existing Approach Fills - The existing roadbed north of the proposed bridge is not located in a designated wetland area. Areas where the existing roadway will be removed will be regarded and new plants introduced at areas not required for access to the property to the east. Discharges of Fill Materials, Impacts, and Proposed Mitigation - Discharges of fill dredged or fill material will be minimized on this project. If, after review by the U.S. Army Corps of Engineers, Wilmington District Engineer, it is determined that the construction activities will result in more than "minimal adverse environmental affects," compensatory mitigation will be provided on the project. Any compensatory mitigation will comply with the Corps-wide mitigation guidelines. k. Activities in North Carolina "Mountain Trout Waters" - Provisions of the RGP related to work occurring in designated "Mountain Trout Waters" do not apply to this project. 1. Activities in Mountain Counties of North Carolina - Provisions of the RGP related to work occurring in designated "Mountain Counties" or North Carolina do not apply to this project. m. Anadromous Fish Spawning Areas and Use of Culverts - Provisions of the RGP related to installation of culverts in areas designated as "anadromous fish" spawning areas do not apply to this project. n. Discharges into Waters Designated as Anadromous Fish Spawning or Primary Nursery Areas- Based on information supplied by the NCDMF and Wildlife Resources Commission, this project is not located in an area designated as a "primary nursery area," and it is our understanding that it is not required to contact the North Carolina Division of Marine Fisheries or the North Carolina Wildlife Resources Commission for coordination. Although not required, it is the intent of the applicant to issue a notice to proceed to the successful design-build contractor in October, 2005 and to require that construction of the piles, bulkheads, and other activities occur in the winter months in a period of low biological activity. o. Disruption of Movement of Indigenous Species of Aquatic Life - It is our understanding, based on information supplied by the North Carolina Wildlife Commission, that the site has no anadromous fish. Also, the NMFS indicates that mammals and turtles do not consistently use this area during any month. In the Final Environmental Assessment, it was noted by the U.S. Fish and Wildlife Service that there is a "slight chance that the West Indian manatee may occupy waters in the vicinity of Pivers Island." The Fish and Wildlife Service included in their report a set of guidelines for construction in possible areas where manatees could be found. This document is titled "Precautions for General Construction in Areas Which May Be Used by the [Vest Indian Manatee in North Carolina." The design-build contractor will be required in the specifications to conduct all construction activities in accordance with this document. Based on this information, it was determined that the proposed construction activities will not result in substantial permanent disruption of movement of indigenous species of aquatic life. CONFIRMATION OF COMPLIANCE Design-Build Replacement of NOAA/NOA Pivers Island Bridge p. Installation of Culverts Greater Than 100' in Length - Provisions of the RGP related to installation of culverts do not apply to this project. q. Pipe Culverts in CA11MA designated counties - Provisions of the RGP related to installation of culverts do not apply to this project. r. Construction Activities Adjacent to Aquatic Habitat - The specifications for design-build construction of the Pivers Island Bridge will require that, "to the greatest extent practicable," all construction activities authorized by the RGP will be conducted "in the dry." The specifications will require that barriers be installed between work areas and the aquatic habitat to protect the habitat from cement and other pollutants. The contractor will be required to prevent fresh or uncured concrete from coming into contact with waters of the State until the concrete has cured. s. Determination of Consistency with North Carolina Division of Coastal Management - It is our understanding that projects authorized by this RGP require a Determination of Consistency from the North Carolina Division of Coastal Management in accordance with the Coastal Area Management Act of 1974 (CAMA). Carteret County is located within the twenty counties of North Carolina designated as coastal counties by the CAMA. A Consistency Determination has been submitted to Ms. Terre Barrett of the North Carolina Division of Coastal Management, Morehead City office, concurrent with submission of this RGP Confirmation Compliance. This project occurs within a designated Area of Environmental Concern (AEC) therefore subchapter 7H of Chapter 7 of Title 15A of North Carolina's Administrative Code, State Guidelines for Areas of Environmental Concern, will apply. Additionally, Subchapter 7M of the Code, General Policy Guidelines for the Costal Area, will apply. t. Authorization of Work and Consultation with NOAA -Based on the project location, the following Essential Fish Habitats (EFH) will be impacted: Inter-tidal Marsh - Fill areas on the west side of the re-aligned Pivers Island Road north of the proposed bridge will impact the existing wetlands area. The area of wetlands that will be impacted is 0.042 acres. Oyster Beds - The proposed bulkhead extension on Pivers Island will impact existing oyster beds located on rocks adjacent to the existing concrete bulkhead. All live oysters will be removed and relocated to an area designated by the NCDENR. The rocky area that will be impacted is 0.053 acres. Sandy Beach Area - The new bridge will impact 0.049 acres of sandy beach at the north abutment. Impacted areas are shown on Exhibits C and D. Based on coordination with the National Marine Fisheries Service, Habitat Conservation Division, a determination has been made that the impact to EFH will be minimal. Therefore, no EFH assessment has been prepared. u. Requirements of NCDWQ Water Quality Certification No. 3404 - All work will for this project will comply with North Carolina Division of Water Quality Certification No. 3404. Applicable sections of the Certification and a discussion of how this project is in compliance follows: CONFIRMATION OF COMPLIANCE g Design-Build Replacement of NOAA/NOA Pivers Island Bridge 1.) Enumerating and Reporting of Impacts: • Streams - Provisions are not applicable. • Wetlands - Impacts to wetlands are shown graphically on the attached Project Plan (Exhibits C and D). The fill area in the wetlands north of the bridge is 0.42 acres. • Lakes and Ponds - Not applicable. 2.) Proposed Fill or Substantial Modification of Wetlands - A Consistency Determination for the project has been submitted for review by North Carolina DCM. DCM is forwarding copies of the Consistency Determination document to the appropriate State agencies, including the Division of Water Quality (DWQ), for their review and concurrence. 3.) Single Family Lot Application - Not applicable. 4.) Impacts to Streams in Neuse, Tar-Pamilico or Randleman River Basins - Not applicable. 5.) Impacts to Perennial Waters - This project does have an impact on Perennial Waters since the bridge will cross Old Channel and will require written approval from the DWQ. This project will have a slight increase in impervious area because of the realignment of Pivers Island Road north and south of the bridge. The increase will be approximately 0.012 acres in aggregate (no increase on Pivers Island and 0.012acres on the mainland.) 6.) Site Specific Storm Water Management - The more stringent provisions of The North Carolina Department of Transportation Best Management Practices for Construction and Maintenance Activities and DWQ's Storm TYater Best Management Practices (BMPs) will be required for construction of the project. Project specifications require that site-specific stormwater management shall be designed to remove 85% of total suspended solids (TSS) in accordance with the DWQ's BMPs. The project specifications also require that a stormwater management plan be developed by the successful design-build contractor and submitted to the DWQ for their records. 7.) Compensatory Stream Mitigation - Not applicable. 8.) 401 Water Quality Certification - Not applicable as verified with the NCDENR and the NC Department of Water Quality. 9.) Compensatory Mitigation - It is the intent of the Owner (NOAA) to provide compensatory mitigation for any impacts to wetlands that are associated with this projectA mitigation plan will be developed by the Owner and submitted to DCM for their review and approval prior to installation. 10.) Realignment of Streams -Not applicable. 11.) Placement of Culverts - Not applicable. CONFIRMATION OF COMPLIANCE 9 Design-Build Replacement of NOAA/NOA Pivers Island Bridge 12.)Sediment and Erosion Control Practices - The more stringent provisions of The North Carolina Department of Transportation Best Managentent Practices for Construction and Maintenance Activities, and the North Carolina Sediment and Erosion Control Planning and Design Manual will be in effect for the construction of this project. 13.)Removal of Sediment and Erosion Control Illeasures - As a requirement of the project specifications, the Contractor shall remove all erosion control measures and original grades restored within two months after the Division of Land Resources has released the project. 14.)Additional Site-Specific Conditions - It is understood that the DWQ may add additional site specific conditions to this project in order to ensure compliance with all applicable water quality and effluent standards. 15.) Casting of Concrete Adjacent to Waters of the State - As a requirement of the project specifications, the contractor will be required to prevent fresh or uncured concrete from coming into contact with waters of the State until the concrete has cured. 16.)Environmental Documentation - A Final Environmental Assessment has been conducted for this and associated projects at Pivers Island by Stokes Environmental Associates, Norfolk, Virginia, dated 22 August 2003. A copy of this document is located on the compact disk accompanying this report. A FONSI has been issued by the United States Department of Commerce/NOAA by Dr. Richard Spinrad, Assistant Administrator, National Ocean Service, Silver Spring Maryland. A copy of the Final Environmental Assessment and FONSI are attached to the Confirmation of Compliance. 17.)Access of Building Sites and Additional Fill - The RGP Certification of Compliance will be used to access the construction site for the proposed bridge. No additional fill, beyond what is indicated on the attached preliminary plan and profile and what is described in this document, is allowed as part of this project. 18.) Certification of Completion - NOAA will use the most recent version of the Certification of Completion form to notify DWQ when all work included in the RGP is complete. 19.) Certification Period - The applicant understands that any certification from the DWQ shall expire three years from the date of the cover letter from DWQ or on the same day as the expiration date of the corresponding RGP, whichever is sooner. v. The proposed Pivers Island Bridge will be constructed just west of and as close as practicable to the existing bridge. The new bridge will have one less set of pier supports in the Old Channel than the current bridge and will have no adverse impact on preconstruction downstream flow rates or capacity. Construction of the bridge will not permanently restrict or impede the passage of normal or high flows. The structure and any shoulders, built-up areas or subbase material that accommodates the new alignment of Pivers Island road will be designed to withstand expected high flows. Discharge of dredged materials will not be CONFIRMATION OF COMPLIANCE 10 Design-Build Replacement of NOAA/NOA Pivers Island Bridge allowed (by project specifications) into any of the waterways or wetlands associated with this project. 2. General Conditions a. Discharge of Dredged or Fill Material - Other than the creation of the roadbed and shoulders in the existing wetlands area north of the proposed bridge, there will be no discharge of dredged or fill material into waters of the United States associated with this project. b. Interference with Navigation or Right of Public to Riparian Access - As a requirement of the project specifications, there will be no interference with navigation or riparian access as a result of this project. The contractor will maintain watercraft access through Old Channel for the duration of construction activities. Plans will be submitted to the United States Coast Guard for review for verification. c. Permittee Compliance with RGP - As a requirement of the project specifications, the contractor upon written notice from the U.S. Army Corps of Engineers Wilmington District Engineer of failure to comply with the terms and conditions of this RGP, will within 60 days, without expense to the U.S. Government, and in such manner as the Wilmington District Engineer may direct, affect compliance with the terms and conditions or return the worksite to a pre-work condition d. Impact on Fish, Wildlife, and Natural Environment-As a requirement of the project specifications, the contractor will make every reasonable effort to minimize the impact on fish, wildlife, and the natural environment in conducting the work of the construction contract. e. Degradation of Water Quality - As a requirement of the project specifications, the contractor will conduct work of the construction contract in a manner to minimize any degradation of water quality. Construction activities will be conducted in such a manner as to prevent a significant increase in turbidity (25 NTU's (Natural Turbidity Units)) or less in all saltwater classes) outside the area of construction or construction related discharge. f. Corps of Engineers' Inspections - As a requirement of the project specifications, the contractor will permit the U.S. Army Corps of Engineers Wilmington District Engineer or his representative to make periodic inspections at any time deemed necessary in order to assure that the activity is performed or maintained in strict accordance with the Special and General Conditions of this permit. g. Non-Conveyance of Special Rights - The project specifications will state that "this RGP does not convey any rights, either in real estate or material, or any exclusive privileges; and it does not authorize any injury to property or invasion of rights or any infringement of Federal, State or local laws or regulations, nor does it obviate the requirement to obtain State or local assent required by law for the activity authorized herein. These may include, but are not necessarily limited to, a Dredge and/or Fill Permit (N.C.G.S. 113-229), a CAMA Permit (N.C.G.S. 113A-118), an Easement to Fill (N.C.G.S. 146-12) and a Water Quality Certification pursuant to Section 401 of the Clean Water Act." CONFIRMATION OF COMPLIANCE 11 Design-Build Replacement of NOAA/NOA Pivers Island Bridge li. Modification or Revocation of this RGP - It is understood by the applicant, and will be a part of the project specifications, that the authorization provided by this RGP may be modified, suspended or revoked in whole or in part if the U.S. Army Corps of Engineers Wilmington District Engineer, acting on behalf of the Secretary of the Army, determines that such an action would be in the best public interest. Unless subject to modification, suspension, or revocation, it is understood that the term of this RGP shall be five years. It is further understood that any modification, suspension, or revocation of this authorization will not be the basis for any claim for damages against the U.S. Government. i. Interference With Federal Projects - It is understood that this RGP does not authorize the interference with any existing or proposed Federal project and that permittee will not be entitled to compensation for damages or injury to the structures or work authorized herein which may be caused by or results from existing or future operations undertaken by the United States in the public interest. j. Adverse Affect on Human Environment - It is understood that this RGP will not be applicable to the proposed construction when the U.S. Army Corps of Engineers Wilmington District Engineer determines, after necessary investigations, that the proposed activity would significantly affect the quality of the human environment and determines that an Environmental Impact Statement must be prepared. The applicant does not anticipate that the District Engineer will take this position in light of the supporting data, including the Final Environmental Assessment and resulting FONSI, which are attached to this Confirmation of Compliance. k. Adverse Affect on Other Areas of Public Importance - It is understood that this RGP will not be applicable to the proposed construction when the Wilmington District Engineer determines after necessary investigations, that the proposed activity would adversely affect areas that possess historic, cultural, scenic, conservation, or recreational values. Application of this exemption applies to: historic, cultural or archaeological resources listed in or eligible for inclusion in the National Register of Historic Places; Critical habitat for threatened or endangered species; NOAA designated marine sanctuaries; 1. National Flood Insurance Program - This project will not result in any increase in the base flood elevation and therefore will not be subject to the National Flood Insurance Program. m. Appropriateness of RGP - It is understood that U.S. Army Corps of Engineers Wilmington District Engineer, at his discretion, may determine that this RGP will not be applicable to this specific construction proposal. In such case, it is understood that the procedure for processing an individual permit in accordance with 33 CFR 325 will be available. n. Successors to the Permittee - The project specifications will state that "the permittee or permittce's successors will maintain the authorized work in good condition and in conformance with the terms and conditions of the RGP." CONFIRMATION OF COMPLIANCE 12 Design-Build Replacement of NOAA/NOA Pivers Island Bridge o. Content of Dredged or Fill Material to be Discharged - The project specifications will state that "the discharge of dredged or fill material shall consist of suitable material free from toxic pollutants in toxic amounts." CONFIRMATION OF COMPLIANCE 13 X10/ UNrMO OTATUD OEpARTMENT OF COMMERCE= / National Oceanic and Atmospheric Administration PROGRAM PLANNING AND INTEGRATION +rft d Sliver Spring. Merytand 20910 ROD' - 3 2004 To All Interested Government Agencies and Public Groups: Under the National Environmental Policy Act, the National Oceanic and Atmospheric Administration (NOAA) has conducted an environmental review of the following action: TITLE: National Ocean Service (NOS) Center for Coastal Fisheries and Habitat Research (CCFHR) Expansion and Improvements LOCATION: Beaufort, North Carolina SUMMARY: Expansion and improvements to the CCFHR facility by the construction of a two-story 17,700 square foot main laboratory and administration building, emplacement of a small interpretive kiosk, replacement of an existing vehicle access bridge, and upgrades to existing turtle pens, sea water system, and boat ramp and docks RESPONSIBLE Richard W. Spinrad, Ph.D. OFFICIAL: Assistant Administrator National Ocean Service National Oceanic and Atmospheric Administation SSMC4, Room 13632 1305 East West Highway Silver Spring, MD 20910-3282 Phone: 301-713-3074 The environmental review process led us to conclude that this action will not have a significant impact on the environment. Therefore, an environmental impact statement was not prepared. A copy of the Finding of No Significant Impact, including the environmental assessment, is enclosed for your information. Please send one copy of any comments to the responsible official listed above and one copy to me at the NOAA Strategic Planning Office, PPI/SP, SSMC3 Rm 15603, 1315 East-West Highway, Silver Spring, Maryland 20910. j Z Susan A. Keened Acting NEPA Coordinator Enclosures Printed on Recycled Paper ? d '# 01 w `? UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration ?'+•a'? NATIONAL OCEAN SERVICE Silver Spring, Maryland 20910 JAN 2 9 M4 MEMORANDUM FOR: Susan A. Kennedy Deputy Director Strategic Planning Office FROM: Richard W. Spinrad, Ph.D. Assistant Administrator SUBJECT: Proposed Beaufort Laboratory Expansion NOS, Center for Coastal Fisheries and Habitat Research Pivers Island, North Carolina-DECISION MEMORANDUM An Environmental Assessment (EA) has been prepared for the proposed National Oceanic and Atmospheric Administration (NOAA) National Ocean Service (NOS) Center for Coastal Fisheries and Habitat Research located at NOAA's NOS complex at 101 Pivers Island Road in Beaufort, North Carolina. The EA conforms to regulations implementing the procedural provisions of the National Environmental Policy Act (NEPA) at 40 Code ofFederal Regulations (CFR) Parts 1500-1508 issued by the Council on Environmental Quality, and with NOAA Administrative Order 216-6, Environmental Review Procedures for Implementing the National Environmental Policy Act. The Final EA, dated 22 August 2003, analyzes the potential for significant effects on the environment resulting from the proposed construction, including individual and cumulative effects. Based on a careful review of the information and findings contained in the Final EA, I find that implementation of the proposed action would not result in significant impacts on the environment. The following information supports this finding: The Final EA includes a comprehensive analysis of the potential for environmental effects and neither individual nor cumulative environmental impacts would be significant. Based on consultation with federal and state agencies, implementation of the proposed action will trot significantly affect species protected under either federal or state law. Based on consultation with the State Historic Preservation Office (SHPO), resources listed or eligible for listing on the National Register of Historic Places will not be adversely affected. Page 2 Based on careful review of Federal Emergency Management Agency (FEMA) and National Wetlands Inventory (NWI) maps, as confirmed by onsite analysis by appropriate scientists, no significant adverse effects will result to wetlands and water resources at the property in compliance with Executive Orders (EOs) 11988, Floodplain Management, and 11990, Protection of Wetlands. The National Ocean Service (NOS) will have funds available in Fiscal Year 2004 (FY-04) to initiate the proposed project. Based on the subject environmental assessment, Fhave determined that no significant environmental impacts will result from the proposed action. I request your concurrence of the attached Finding of No Significant Impact (FONSD by signing below. Please return this memorandum for our files. 104? l Concur We Do Not Concur Date Attachment ENVIRONMENTAL ASSESSMENT SUMMARY & FINDING OF NO SIGNIFICANT IMPACT FOR THE PROPOSED National Oceanic and Atmospheric Administration National Ocean Service CENTER EXPANSION FOR COASTAL FISHERIES AND HABITAT RESEARCH 101 PIVERS ISLAND IN BEAUFORT, NORTH CAROLINA 1. PURPOSE AND NEED The NOS, within NOAH, provides habitat research, laboratory management and administration operations at the Beaufort Laboratory, located on Pivers Island in Beaufort, North Carolina. The proposed laboratory expansion project is part of the Beaufort Laboratory improvements, which will modemize the infrastructure and enhance the NOS's ability to support marine fisheries research. The proposed main laboratory and administration building will enable reclamation of laboratory space for scientific research in the NOS laboratory building that is currently being used as office space. The NOS library and administrative functions will. be relocated to the new building. Current North Carolina National Estuarine Research Reserve '(NCNERR) spaces will also be relocated to the new facility and much needed space for public functions serving the missions of both organizations will be provided. NCNERR personnel are currently located in a non-contiguous location at the Duke University Marine Laboratory and are housed in inadequate, non-government facilities. Current overcrowded conditions require NOS research staff to use functioning laboratory spaces as their office. This provides inadequate office facilities and is detrimental to controlled laboratory environments. Existing conference space is not adequate for current electronic training needs and conferencing systems. Current NCNERR office spaces are inadequate. Space for laboratory and training are currently not available nor are the spaces necessary to meet NCNERR public meeting requirements. The collocation of NOS and NCNERR will strengthen the partnership between the agencies through shared resources and collaboration. The NCNERR educational staff will help communicate NOS results, directives and missions to various public and management groups. It will enhance partnerships with researchers from academic institutions and other federal laboratories. Other portions of this proposed project are planned as part of the overall modernization of the Beaufort Laboratory operation. The site for the proposed emplacement of a small interpretive kiosk, which will be a small display area and not an occupied building, was chosen for its view of the Rachel Carson NCNERR, proximity to existing structures and based on future plans with regard to educational functions. This structure will provide both informational and educational displays regarding NOS and NCNERR programs. The current vehicle access bridge has served the island for over 35 years and proposed replacement will enable continued road access to the NOAA and Duke Laboratories for another 35 years or more. The proposed upgrade of the existing turtle pen complex, which will be a tidal research area, and connected free flowing, tidally influenced seawater supply system will facilitate tidal research in support of NOS programs. No pumping system will be used with the seawater supply system. The proposed upgrade of a boat ramp and docks will improve safety and extend the useful life of these assets, and provide permanent space for the NCNERR boats. Completion of this proposed project is critical to the continued support of NOAA's NOS Center for Coastal Fisheries and Habitat Research (CCFHR), which is one of four national research facilities in the NOS's National Center for Coastal Ocean Science. The Beaufort Laboratory has continually advanced the scientific frontiers within its various specific areas of endeavor, and as such, modernization of the laboratory complex will enable the CCFHR to continue providing the highest standard of scientific research in the future. The NOAA has prepared this Final Environmental Assessment (EA) document in conformance with requirements for implementing the National Environmental Policy Act (NEPA) and NOAA Administrative Order 216-6, Environmental Review Procedures for Implementing the National Environmental Policy Act (1999). This EA analyzes project-related impacts and the potential for significant environmental impacts to occur to the human environment for the preferred action and the alternative of taking no action. The human environment is defined broadly as the natural and physical- environment, and the relationship of people within that environment. NOAA evaluated all feasible alternative locations on the Island, regarding the proposed facility locations, including the no action alternative. The project has not been a source of controversy on any matter and no negative comments were received from federal or state agencies or the public (the 30-day comment period ran from 20 June 2003 through 22 July 2003). NOAA prepared a Draft EA for review by interested members of the public and government agencies and accepted written comments on the content of the Draft EA during a 30-day comment period from 20 June 2003 to 22 July 2003. Agency and public comments were incorporated into the Preliminary Final EA, and all reviewer comments were incorporated in the Final EA. The Final EA includes all research, and comments obtained from agency queries and interviews. No negative comments were recorded. Based on the research and analysis conducted during this EA, it is concluded that implementation of the proposed action(s), would not result in significant individual or cumulative environmental effects and requires no further environmental analyses. A Finding of No Significant Impact is recommended. II. PROPOSED ACTION The scope of the proposed undertaking is to design and construct a two-story 17,700 square foot main laboratory and administration building with a footprint of approximately 10,000 square feet. A paved parking area associated with this building will cover an area of approximately 33,000 square feet. The area of land disturbance for this project is estimated to be approximately 55,000 square feet of previously disturbed land. The area to be occupied by the new main laboratory and administration building and paved parking area will be approximately 41,218 square feet. The remaining area, approximately 2,000 square feet will be landscaped. Approximately 800 square feet of this area will be located on what is the island's original boundary, while the remaining square footage will be emplaced on man-made land. Selection of a specific footprint for this facility was driven by the desire to optimize use of previously disturbed land, reduce impacts to the surrounding area, and increase security. The scope of work also calls for the emplacement of a small interpretive kiosk with a footprint of no more than 40-foot by 40-foot, which will be located about 30 feet landward of the mean high tide mark along the eastern shoreline of NOAA's property facing Beaufort Channel. This kiosk will be emplaced within the immediate vicinity of existing structures adjacent to NOAA's building complex. This is the only portion of NOAA's property, adjacent to the NCNERR boat docks, where the Rachel Carson NCNERR may be viewed. For educational purposes, being able to view the reserve is of utmost importance. Also included is replacement of an existing vehicle access bridge. The new bridge will be emplaced immediately to the west of the existing bridge and will be parallel to the existing bridge. This portion of the project will have similar footprint and features as the current structure, which was constructed in the mid-1960s, replacing the wooden bridge built in the early 1930s. This bridge spans the body of water known as Old Channel, which connects NOAA's property on the northern half of Pivers Island and the causeway to between Old Channel and State Route 1205, also known as Old US 70. The existing bridge will be dismantled upon completion of the replacement bridge. Included within the scope are smaller projects, which include upgrade of existing boat ramps and docks. A proposed component of these upgrades involve replacement of the retaining walls and piping system of the existing turtle pen complex to include the seawater supply system. This portion of the project will remain within the same footprint as the current structure that was emplaced in this area in the late 1920s. The.existing turtle pens are located on the northern shoreline of NOAA's property facing Old Channel. No seawater intake system is planned and no pumps will be utilized. The seawater supply will be free flowing and tidally influenced. As part of this proposed project, an upgrade of the northeastern, main dock will involve removal of two fixed, piling-type finger docks and installation of floating-type docks in their stead. This portion of the project will remain within the same footprint as the current structure that was first emplaced onsite in the late 1930s. This project area is located on the northwestern shoreline of NOAA's property, adjacent to the southern bridgehead, facing Old Channel. Included within the scope of the proposed project is an upgrade of the northeastern boat ramp and two docks, which includes widening and regarding the ramp and replacing the adjacent sea wall. The two fixed, piling-type docks will be replaced with floating-type docks. This portion of the project will remain within the same footprint as the current structure built in the 1970s. This project area is located on the northwestern shoreline of the NOAA's property, facing Old Channel. Careful consideration was given to upgrading and improving the existing boat ramp and docks. Minimal disturbance of the shoreline, tidal areas and submerged areas will occur as a result in these project areas. Analysis of project impacts at the site and its vicinity, to include cumulative impacts, indicated that no significant environmental effects would occur. 4 The schedule for the proposed new building project is to begin construction by February 2005 and complete construction by May 2006. The other items, which are currently unfunded, will begin following receipt of appropriated funds. The estimated completion date is May 2006. Development at this site meets applicable federal and state regulatory guidelines and local ordinance requirements for federally funded projects. Analysis of project impacts at the site and its vicinity, to include cumulative impacts, indicated that no significant environmental effects would occur. III. IMPACT ANALYSIS Implementation of the proposed action has been designed to cause minimal physical change to the environment. During construction, all contractors and employees entering the proposed project area will be subject to applicable federal, state and local regulations governing environmental safety and health statutes and codes. This proposed project is designed in order to minimize disturbance of previously undisturbed land: • The- entirety of the new laboratory and administration building will be constructed on previously disturbed land. The parking area will be emplaced upon man-made land (dredge material), which resulted from dredge and fill operations conducted in the early 1900s and the late 1960s. Entry into the parking area will be from the existing road, Pivers Island Road. • The new interpretive kiosk will be constructed on previously disturbed land. Access to this structure will be via an existing unimproved gravel lane. The new vehicle access bridge will be constructed adjacent to the existing bridge. The emplacement of the northern bridgehead will be within man-made land (dredge material), which resulted from dredge and fill operations conducted in the early 1900s and the late 1960s. The southern bridgehead will be emplaced on previously disturbed land. The bridge will span the Old Channel, which was previously disturbed during construction of the present bridge, built in the mid-1960s, which replaced the bridge that was constructed in the early 1930s. It appears that this area was also dredged in the early 1900s. This area has been disturbed three times in the in the past 100 years. The existing turtle pens, with sea water system, and boat tamp and docks will be upgraded; however, these will remain within the same footprint as the existing structures. Therefore, activities within these areas will occur on previously disturbed land. • Non-point source pollution will be controlled during construction by appropriate erosion and sedimentation controls. • Vegetative buffer zones will be established, via landscaping designed to be in keeping with the North Carolina Coastal Plain. The buffer zones are also designed to minimize sheet runoff from the subject site after the construction phase. • Natural areas on NOAA's property, such as the beach area located on the eastern portion of the island, the cedar grove in the center of the island, and the swath of land between Pivers Island Road and Bulkhead Channel, will be preserved. Pivers Island is not located within the vicinity of degraded or impaired air or watersheds, land areas, surface water bodies, geologic formations, or groundwater aquifers All site plans for the proposed project, to include the new main laboratory and administration building; new kiosk, new bridge, turtle pen and seawater supply system upgrades, and boat ramp and dock upgrades, must be reviewed by the NCDWQ for permitting. Based upon the Civil Design Engineer's consultation with the NCDWQ, the proposed project appears to qualify for the low-density option, as governed by state stormwater regulations, and, therefore, this project is not considered to pose an adverse affect to the environment with regard to non-ppint source pollution caused by stormwater runoff. Based on an onsite meeting with both the NCDWQ and NCDCM, this proposed project is not expected to cause detrimental effects to adjacent water bodies. Pivers Island is within the North Carolina's coastal zones, and as such falls under the enforceable polices of the program, which includes fisheries management, wetlands management, dunes management, non- point source pollution control, point source pollution control, shoreline sanitation, air pollution control, and coastal lands management. The new laboratory and administration building is consistent with NCDCM's requirements. NCDCM issued a federal consistency determination dated 2.1 August 2003. The wetlands delineation report, dated, 8 July 2003, confirmed the existence of wetlands to the northwest of the proposed northern bridgehead of the new vehicle access bridge. Based on this delineation, it appears that the bridge will not directly affect identified wetlands. This delineation also found possible wetlands within the confines of the existing turtle pens. Because this is a man-made structure that has been naturalized into a tidal wetland, the U.S. Army Corps of Engineers (COE) must make the final determination of the existence of wetlands at this portion of the site. The COE must review the above- mentioned delineation in order to determine the extent of jurisdictional wetlands within areas of the proposed project. The impact upon wetlands is expected to be low. However, based upon the COE's decision, wetlands permitting may be required. It is anticipated that any such permitting will be performed using Nationwide permits for minor impacts. The dominant source of flooding within the immediate area of the proposed project site is wind driven surge generated in the Atlantic Ocean by tropical storms and hurricanes. The finished floor elevation of the new building will be above the 100-year floodplain. Other considerations will be undertaken as per the U.S. Department of Commerce (DOC) Administrative Order DAO 216-11, Floodplain Management and Protection of Wetlands (1979). Design plans will be provided to both Carteret County and Town of Beaufort for review. The proposed project will not affect endangered and threatened terrestrial species, designated critical habitats, or other natural resources within the vicinity of the proposed project area. No endangered and threatened species or designated critical habitats are known to occur either at the site or within the vicinity of the proposed project area. However, sightings of the loggerhead sea turtle (Caretta caretta), the leatherback sea turtle (Dermocyls coriacea) and the green sea turtle (Chelonia mydas) have been reported within the estuary west of Radio Island and south of the Rachel Carson NCNERR. Lighting and acoustical effects of activities around the bridgeheads and boat ramps and docks are not to be materially altered and there will be no impacting changes resulting from this proposed project. According to NOAA's Protected Species Division, there are no designated critical habitats located within state waters. NOAA's Strategic Planning Office recommended further consultation concerning the Magnuson-Stevens Act of 1996. As a result of that consultation, the set of pilings nearest the shoreline will be retained and would enable retention of the original oyster population, which is sampled for trend analysis. The proposed project will not adversely impact endangered or threatened species, or designated critical habitats. The proposed project will not directly affect seagrass beds. Also, it is understood that based on the presence of intertidal shellfish (oyster) beds adjacent to the proposed vehicle access bridge, construction plans for the bridge replacement and demolition plans for the existing bridge require review and comment by the NCDMF. Based on review of appropriate databases, maps and land deeds, coupled with both federal and state agency review, and interviews it appears that the proposed project is not located in an officially designated wilderness or natural area preserve, wildlife preserve or wildlife refuge, national estuarine reserve or coastal reserve, aquiculture protection area or agricultural reserve area, national seashore or wild and scenic river, national or state natural landmark, significant landscape, natural areas or open spaces, or other conservation areas. As such, no further investigation regarding the above-mentioned natural resources is warranted at this time. The proposed project will not adversely affect the historic or cultural resources, either on land or under water. The proposed project is not located in an officially designated national or state historic landscape, battlefield, or other historic or cultural resource. Review of regulatory databases did not indicate adverse environmental conditions at the subject site or its immediate vicinity. IV. ALTERNATIVES CONSIDERED NOAA's assessment of the proposed project is consistent with guidance provided by the Council on Environmental Quality (CEQ), Considering Cumulative Effects (1997). This assessment considered alternative actions for the proposed project, which are described below. NOAA analyzed five alternatives regarding the new main laboratory and administration building. The complete expansion, plus the outlying project components were analyzed individually and then from the overall cumulative perspective. 7 The first option would have emplaced the building to the west of the existing parking area and over 96 feet to the southwest of the existing laboratory building. This option was rejected because: 1) the structure would have been placed in a low-lying area of the island and well within the 100-year floodplain; 2) the structure would have been placed within a few feet of the existing utility easement, which would limit future utility upgrades; 3) the structure would not have been contiguous with the existing laboratory structure, which would have caused loss of the desired proximity to other operational areas and loss of the increased safety and security provided by the proximity factor, and-4) the structure would have been out of harmony with the layout of the complex. The second option would have emplaced the building to the north of the existing parking area and approximately 14 feet to the west of the existing laboratory building. This option was rejected because: 1) approximately one-half of the structure would have extended into the 100-year floodplain; 2) the structure would have been placed within a few feet of the existing utility easement; and 3) the structure would have been out of harmony with the layout of the complex. The third option would have emplaced the building to the south of the existing parking area and over 208 feet to the south of the existing laboratory building. This option was rejected because: 1) the structure would have been placed in a low-lying area of the island and well within the 100-year floodplain; 2) the structure would not have been contiguous with the existing laboratory structure, which would have caused loss of the desired proximity to other operational areas and loss of the increased safety and security provided by the proximity factor, and 3) the structure would have been out of harmony with the layout of the complex. The fourth option would have emplaced the building to the south of the existing parking area and over 336 feet to the south of the existing laboratory building. This option was rejected because: 1) the structure would have been placed in a low-lying area of the island and well within the 100-year floodplain; 2) the structure would have been placed within a few feet of the existing utility easement, which would limit future utility upgrades; 3) the structure would not have been contiguous with the existing laboratory structure, which would have caused loss of the desired proximity to other operational areas and loss of the increased safety and security provided by the proximity factor; and 4) the structure would have been out of harmony with the layout of the complex. The fifth option would have emplaced the building within the footprint of the existing parking area and approximately 44 feet to the southwest of the existing laboratory building. This option was rejected because: 1) the structure would not have been contiguous with the existing laboratory structure, which would have caused loss of the desired proximity to other operational areas and loss of the increased safety and security provided by the proximity factor; and 2) the structure would have been out of harmony with the layout of the complex. The alternative action for replacing the vehicle access bridge would be to repair the existing bridge. In order to repair the bridge, the deck would need to be removed and the girders and abutments would need to be replaced. During this period of repair, there would be no vehicle access to either the NOAA laboratory or the Duke Marine Laboratory for several months, unless a temporary bridge is also installed. A temporary bridge would require a significant structure in the water for lateral bracing due to the strong currents in the Old Channel. The bridge girders have already been repaired and.reinforced in 1995; however, due to the severe effects of the marine environment, the structure is again experiencing major problems resulting from corrosion. The life of a repaired bridge would also be limited by the life of the existing concrete piles, some of which are already experiencing longitudinal cracks. The existing bridge is 40 years old. Bridge repair would hinder NOAA's ability to fulfill its purpose and missions during the period of repair, and would result in a structure that would again need to be replaced when the existing cracked piles begin to fail. The alternative action considered during the course of this investigation was to emplace the vehicle access bridge immediately to the east of the existing bridge, where the circa 1934 wood trestle bridge once stood. However, this is not an option because the area is now part of a utility easement. No other alternative actions are available for the emplacement of the vehicle access bridge. No alternative action options were available for the small interpretivd kiosk, or upgrade of the existing turtle pens (tidal research area) and boat ramps and docks. The alternative action considered during the course of this investigation is to incorporate the required NCNERR boat slips slated for the eastern dock facility into the upgrade of the northeastern dock facility. This option is under review by NOAA. In addition -to the preferred action and alternative actions, NOAA considered the alternative actions of taking no action, which would be . not to proceed with any repairs or construction of the new main laboratory and administration building, emplacement of the small interpretive kiosk, replacement of the existing vehicle access bridge, or upgrade of the existing the turtle pens (tidal research area) and boat ramp and docks. The no-action alternative would hinder NOAA's ability to fulfill its purpose with regard to federal acts regarding coastal zones, estuaries, fisheries, protected species, etc. Therefore, NOAA rejected the no-action alternative. V. CONCLUSION Review of all available information indicates that the proposed action at the site location considered above will have no significant impact on the quality of the human environment. i ., or ate Richard W. Spinrad, . Assistant Administrator National Ocean Service 4?K G. r0 ?A a g `,,_4 z O ? u OU a J a ro U " o w u O o a z e a Q Z U 0 a z O a U O 0 ?U H ao 2 X W w U W cn dZ U O Q Z O z z ' J 2E 0 O w ~ U U) ~ zZ °¢ U O MLL- w 2 CLm U O LLi > M C9 ¢ Z m ¢ o ? V OQ Q Z ? 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W = = Ll. m z o of O W O LL CD z W C) a °z a Q m om 3 co Z 0 Q 0 a O U Z O U- JQ U) m Z Cn O UJ x W Z W n TerraServer Image Courtesy of the USGS Page 1 of 1 Send To Printer Back To TerraServer Change to 11x17 Print Size Show Grid Lines Change to Landscape USGS 2 km W of Beaufort, North Carolina, United States 01 Jul 1?9?8`3? r i8ietldr' N i f ?i 0' '.5Km 0' '.25Mi it Image courtesy of the U.S. Geological Survey © 2004 Microsoft Corporation. Terms of Use Privacy Statement http://terraserver.microsoft.com/Printlmage.aspx?T=2&S=12&Z=18&X=433&Y=4803&... 10/24/2005 X1.90ti I ST 'v L TerraServer Image Courtesy of the USGS Page I of I Send To Printer Back To TerraServer Change to 11x17 Print Size Show Grid Lines Change to Landscape P? 1 qo? ZUSGS 2 km !Ae rrf Fep fo--t. North Carolina, United States 0,7 t z4 r'ts6af r „ € s[3 tJ "bpi Alt s?C ` e` A f?f •.. ?+tjt?wti r'VS h ?v r,` 3 t -9 ?a b° -„ x`.44. ,.,tf . A.'`.?.?.sr?:.?.1?+A??. .Sx. U±..?•. ?. ... `-------- ........ +'`'*' ?"•?F.; n 0% M it It N N Y n V t i h Z??? 3 A r' V h b ? C Yf V 0' 'loom 0' ' 100y d 1rnage courtesy of the U.S. Geological Survey c 2004 Microsoft Corporation. Terms of Use Privacy Statement ??T J 04? I http://www.terraserver.?nici-osoft.corn/Pi-intlmac,e.aspx?T= I &S= I 0&Z= 18&X=1733&Y=... 10/24/2005 Office Use Only: Form Version March 05 2 0 0 5 2 1 7 0 USACE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) L Processing - Check all of the approval(s) requested for this project: ? Section 404 Permit ? Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ ® 401 Water Quality Certification ? Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: (COE) 3404 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: ? 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details) check here: C 6_r?_`l LLRQdH p II. Applicant Information DEC 9 2005 1. Owner/Applicant Information Name: NOAA/NOS/NCCOS/Center for Costal Fisheries and HabitaIWArER QUAU1Y r v or K 'RAfiCFi Mailing Address: Mr: Mike Randall National Oceanoqraphic and Atmospheric Administration Eastern Region CAO/RPFLO/Proiect Planning Management Division 601 East 12th Street, Room 1749, Kansas City, MO 64106-2877 Telephone Number: 816-426-7815 Fax Number: 816-426-7532 E-mail Address: Michael.d.randall@noaa.gov 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Mr. Jeff Reeder Company Affiliation: TranSystems Corporation Mailing Address: 2400 Pershing Road, Suite 400 Kansas City, MO 64108 Telephone Number: 816-329-8600 Fax Number: 816-329-8602 E-mail Address: ilreeder@TranSystems.com Page 1 of 10 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Design-Build Replacement of NOAA/NOA Pivers Island Bridge 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): Tax Exempt No: 19030214 4. Location County: Carteret Nearest Town: Beaufort Subdivision name (include phase/lot number): NA Directions to site (include road numbers/names, landmarks, etc.): The existing and pro- posed bridges are located approximately 114mile south of state highway 70 immediately west of Beaufort and east of Moorehead City, North Carolina. 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): - -76.67203 °N 34.72120 °W (pt. `A" on attached Exhibit J), and -76.67421 °N 34.7217 °W (pt. "B" on attached Exhibit J.) 6. Property size (acres): Pivers Island is approximately 25 acres in area. The area owned by the NOAH laboratory north of Old Channel is approximately 6 acres. 7. Name of nearest receiving body of water: Old Channel ("Thoroughfare") 8. River Basin: White Oak (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Pivers Island houses the NOAH National Ocean Service Page 2 of 10 Laboratory and the Duke University Marine Laboratory. The sole means of land access to the island is by the Pivers Island Bridge. South of the bridge, the island is developed with several laboratory and support buildings. The area north of the bridge contains Pivers Island Road and existing beach and wetland areas. A small marina, operated by the adjacent property owner, is located immediately east of the north abutment of the existin bridge. 10. Describe the overall project in detail, including the type of equipment to be used: This project is the removal and replacement of the existinq Pivers Island Bridge. The current bridge is approximately 40 years old, is severely deteriorated and must be replaced to ensure safe vehicular access to the Island. The new two-lane bridge be located immediately west of the existing bridge and will be slightly higher above the water of Old Channel and will feature a sidewalk and fish sampling platform on the west side of the bridge. The new bridge will be of concrete construction and will be five spans of approximately 60 feet each. The project will require construction of a new abutment and bulkheads on the island to create a landing area for the south end of the bridge and will require construction of a new abutment on the north side. The bridge will be founded on lines of concrete piles in the channel. The existinq Pivers Island Road north of the bridge will have to be re-aligned to accommodate the location of the new bridge. Some realignment of the drives on the island will have to be performed as well. After the new bridge is operational, the old bridge will be demolished and removed from the site. This proiect is a design-build project. NOAH, with assistance from TranSystems Corporation, has produced a public solicitation in the form of "Design-Build Criteria Documents" that describe the project in detail for bidding by prospective design-build teams. A copy of the design-build criteria plans for the new bridge is attached to this application for your review. (See attached Exhibits E & F) 11. Explain the purpose of the proposed work:The bridge will replace the existing, deteriorating bridge that spans Old Channel and will link the mainland with Pivers Island. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. A Consistency Determination has been filed with the North Carolina Division of Coastal Management (submitted to Ms. Terre Barrett on April 29, 2005. Additionally, a Preconstruction Notification for Confirmation of Compliance with Regional General Permit 198200031 has been submitted to Mr. Henry Wicker of the U.S. Army Corps of Engineers, Wilmington NC. It is our understanding that Mr. Wicker Page 3 of 10 will issue his final approval of the Confirmation of Compliance after the 401 Water Quality Permit is issued by the Division of Water Quality. A letter stating that this project is consistent with the policies of the Division of Coastal Manaqement was received from Mr. Steven Reinnes and is attached for your convenience. Additionally, this project was part of a multi-project program at Pivers Island that was the subject of an environmental assessment performed byStokes Environmental of Norfolk, VA. Based on the results of this environmental assessment, a FONSI was issued by NOAH for the proposed program, including the replacement of the Pivers Island Bridge. A copy of the FONSI letter is attached for your convenience and review. V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. No additional permits other than the Corps of Engineers Permit and the Determination of Consistency is anticipated at this time. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: - Wetlands - Impacts to wetlands on the north side of the proposed bridge are shown graphically on the attached Project Plan (Exhibits C and D). The fill area in the wetlands north of the bridge is 0.042 acres. - Perennial Waters (open water impact) - Approximately 0.053 acres of rocks in a shallow tidal area at the south abutment will be impacted. Rocks with oysters will be relocated from this area to accommodate the new bridge. -Sandy Beach Area - area north of proposed bridge (see Exhibits C & D)- approx. 0.049 acres will be covered by new bridge abutment and wing wall structures. Page 4 of 10 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. Wetland Impact Type of Wetland Located within Distance to Area of Site Number Type of (e.g., forested, 100-year Nearest Stream Impact indicate on map) ( p) Impact marsh, herbaceous, Floodplain (linear feet) (acres) bog, etc.) (yes/no) West side of the re-aligned Immed. Pivers Island Road north of Fill Inter-tidal Yes Adjacent to 042 0 the proposed bridge Marsh Old . Channel Total Wetland Impact (acres) 0.042 3. List the total acreage (estimated) of all existing wetlands on the property: 5.1 acres 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. To calculate acreage, multiply length X width, then divide by 43,560. Stream Impact Perennial or Average Impact Area of Number Stream Name Type of Impact Intermittent? Stream Width Length Impact (indicate on ma) Before Impact (linear feet) (acres) No impact 0 Total Stream Impact (by length and acreage) 0 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill, excavation, dredging, flooding, drainage, bulkheads, etc. Open Water Impact Site Number (indicate on ma) Name of Waterbody (if applicable) Type of Impact Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) Area of Impact (acres) Thoroughfare Old Channel Fill channel 0.053 Total Open Water Impact (acres) 0.053 Page 5 of 10 6. List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Impact (acres): 0 Wetland Impact (acres): (Includes Sand Beach) 0.091 Open Water Impact (acres): 0.053 Total Impact to Waters of the U.S. (acres) 0.144 Total Stream Impact (linear feet): 0 7. Isolated Waters Do any isolated waters exist on the property? ? Yes ® No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. 8. Pond Creation NA If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, local stormwater requirement, etc.): Current land use in the vicinity of the pond: Size of watershed draining to pond: Expected pond surface area: VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts: All construction activities, including demolition, shall be performed in accordance with the Best Management Practices for Construction and Maintenance Activities and requirements of the Division of Water Quality, as published by the North Carolina Department of Transportation, Au_qust 2003. The Contract documents for design and construction of the bridge include this language. The proposed bridge would have one less line of piles in the channel than the existing bridge and will be less disruptive to the environment of the Channel than the current bridge. The proposed bridge will be located as close to the existing bridge as possible to make use of the existinq access roadways and to minimize the impact on existinq natural areas. The approach roadway alignment has been established to minimize the impact to the existing wetlands. Any shellfish beds that are irrigation, aesthetic, trout pond, Page 6 of 10 impacted by the new bulkheads would be relocated to locations approved by the North Carolina Division of Marine Fisheries. As a requirement of the project specifications, the contractor will make every reasonable effort to minimize the impact on fish, wildlife, and the natural environment in conducting the work of the construction contract and minimize degradation of water quality. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetlands/strm.gide.htm]. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. It is the intent of the Owner (NOAA) to provide compensatory mitigation for all impacts on wetlands that are associated with this project. A mitigation plan will be developed by the Owner (NOAA) and submitted to Division of Coastal Management for their review and approval prior to installation. Also, any shellfish beds that are impacted by the construction of new bulkheads on Pivers Island will be moved as part of the protect in coordination with the North Carolina Division of Marine Fisheries. Proiect specifications will require that no spoils Page 7 of 10 will be deposited waterward of normal water level or normal high water, or will cause the degradation of any shellfish beds. 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount of Non-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): IX. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ® No ? 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call tile SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No ® A Field Environmental Assessment encompassing this project has been developed and a FONSI for the proposed work has been issued by NOAA. A copy of the Environmental Assessment and FONSI are attached for your convenience. 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Page 8 of 10 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify V Yes ? No 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (square feet) Multiplier Required Mitigation 1 0 3 (2 for Catawba) 2 0 1.5 Total 0 * Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or.0244, or.0260. Not required XI. Stormwater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. This project will have a slight increase in impervious area because of the realignment of Pivers Island Road north and south of the bridge. The increase will be approximately 0.012 acres in aggregate (no increase on Pivers Island and 0.012 acres on the mainland.) Total site area is approximately 25 acres. XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. No sewage disposal XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ? No Page 9 of 10 XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ? No If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o.enr.state.ne.us/ncwetiands. If no, please provide a short narrative description: XV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). This project delivery method for this project will be through a design-build contractor. The final design has vet to be completed. The final design will be performed in accordance with Corps of Engineers and State of North Carolina (Division of Coastal Management and Division of Water Quality) 0_r 1X6plicSn A * nt s Signature hate' is signature is valid only if an authorization letter from the applicant is provided.) Page 10 of 10 Design-Build Replacement of NOAA/NOA Pivers Island Bridge Consistency Determination for NOAA/NOS Center for Coastal Fisheries & Habitat Research Design-Build Replacement of the NOAA/NOS Pivers Island Bridge The following attachments accompany and support this Consistency Determination: • Exhibit A - Location and Vicinity Maps (attached as hard copy and PDF on accompanying CD) • Exhibit B - Existing Survey (attached as hard copy and PDF on accompanying CD) • Exhibit C - Site Layout Plan (attached as hard copy and PDF on accompanying CD) • Exhibit D - Partial Site Layout Plans (attached as hard copy and PDF on accompanying CD) • Exhibit E - Bridge Plan and Elevation (attached as hard copy and PDF on accompanying CD) • Exhibit F - Sections and Details (attached as hard copy and PDF on accompanying CD) • Final Environmental Assessment (PDF version on accompanying CD) • FONSI letter from Department of Commerce (PDF version on accompanying CD) • Copy of RGP-31 Confirmation submitted to U.S. Army Corps of Engineers, Wilmington District (PDF version on accompanying CD) 1. Project Background TranSystems Corporation, as a sub-consultant to Helix Architects under an indefinite delivery contract (IDIQ) with NOAA, has been contracted to produce the Design-Build Criteria Documents for the removal and replacement of the existing Pivers Island Bridge in Beaufort, North Carolina. The Criteria Documents will be issued to prospective contractors as an official "Request for Proposal". This project is being administered through NOAA's Central Administrative Support Center (CASC) in Kansas City. The existing 2-lane Pivers Island Bridge is the sole means of access between the mainland and the island and spans approximately 300 feet across what is known locally as "Old Channel." The island currently serves as the home for the NOAAINOS Center for Coastal Fisheries and Habitat Research and the Duke University Marine Laboratory. The bridge was constructed in the late 1960's and is a 2-lane, 6-span prestressed I-girder structure. Girders are supported by reinforced concrete pile caps at 50-feet on center within the channel and concrete abutments at the north and south ends. The bridge is founded on square concrete piles. The existing bridge girders have experienced significant deterioration over their life. Until three weeks ago, the bridge had been limited to one lane of traffic instead of the 2-lanes as originally designed. Earlier this year, a shoring system was designed for the end span girders of the bridge in order to prolong the life of the bridge until a replacement bridge could be constructed. This shoring installation was completed approximately April 1, 2005 and the bridge was re-opened to two lanes of traffic on April 6, 2005. It is NOAA's intent to extend the life of the current bridge to allow time for design-build criteria documents to be produced and a design-build contractor to provide final design and ultimately construct the new bridge. Design Criteria - It is the design intent that the replacement bridge will be durable, easily maintained, and will have a service life in excess of 50 years. In order to reduce the amount of splash on the underside of the bridge structure, the bridge profile will be raised approximately two feet from its current profile. CONSISTENCY DETERMINATION Design-Build Replacement of NOAA/NOA Pivers Island Bridge The new bridge will be a 2-lane concrete structure similar in appearance to the existing bridge, utilizing North Carolina DOT standard prestressed girders supporting a cast-in-place concrete deck. Girders will be supported by cast-in-place concrete pile caps bearing on either concrete or jacketed steel piles. A 6 feet wide sidewalk will be located on the east side of the bridge. The new bridge will have a structural steel sampling platform on the east side of the bridge that will be accessed from the sidewalk. This sampling platform is used by the NOAA laboratory to obtain biological samples from the channel during tidal movement. (The current bridge had a sampling platform at one time, but it was destroyed during a hurricane within the last 5 years and has not been replaced.) The design of the new Pivers Island Bridge will meet the requirements and standards of North Carolina DOT and will be in accordance with the North Carolina DOT Roadway Design Manual and all referenced AASHTO requirements. The bridge will be designed as a 2-lane bridge. Lane widths will be 11 feet. The bridge will be designed using "HS20-44" design truck loading which is the standard used throughout the U.S. for bridge design. The bridge will be designed for hurricane force winds and tidal surge effects. Bridge Location- Two possible locations were studied for the new bridge: East of the existing bridge and west of the existing bridge. The two options were compared to determine which alignment would be the Least Environmentally Damaging Practical Alternative. A discussion of the two options follows: Option 1: "East Alignment" - For this option, the existing bridge would be left in use until the new bridge is operational at which time the existing bridge would then be demolished. The NOAA and Duke labs were opposed to this option because of the considerable disruption it would cause with existing improvements, traffic flow to and on the island, and general lab operations. Since operations at the labs are ongoing, access to all NOAA and Duke facilities would have to be maintained which could impact sequencing of construction and result in higher construction costs. The NOAA lab recently constructed a new floating dock and concrete boat ramp east of the existing bridge that would have to be removed so the new bridge could be constructed. This ramp would have to be relocated to another site and could possibly require the construction of a new access road as well as a new environmental impact study to be conducted relative to the new facility. No site was identified as a possible location for a relocated ramp. Construction of a new ramp would be potentially more disruptive to the environment than leaving the existing ramp in place. The proposed bridge will have five spans while the existing bridge has six spans. The new bridge will be founded using concrete piles that will be driven in the Channel. The proposed bridge will therefore have one less line of piles in the channel than the existing bridge and will be less disruptive to the environment of the Channel than the current bridge. The attached bridge plan and profile in Exhibit E shows the proposed arrangement of pile supports for the bridge. The overhead power lines and associated easement on the east side of the existing bridge would have to be relocated as well for this option, or special bridge detailing and construction techniques, such as the use of spliced piles and low height cranes, would be required for construction. Relocation of the power lines, in addition to being expensive, would also be disruptive environmentally, requiring new support structure in the vicinity of the channel. These special construction measures would increase the cost of the bridge. Another possible problem with this scenario concerns the location of the property line north of the existing bridge. Based on conversations with the team surveyor, Bob Jones of Robert H. Goslee Surveying, there exists conflicting information on where NOAA's eastern property line is located. Depending on where the property line is located according to the surveyor's research, it may be difficult to locate the north approach slab in this area. For this option, the existing bridge would be left in operation until the new bridge is operational and would then be demolished. The contractor will be required to demolish the bridge in a manner that will not introduce any bridge remnants or debris into the existing channel. All demolished materials will be required to be removed and disposed CONSISTENCY DETERMINATION 2 Design-Build Replacement of NOAA/NOA Pivers Island Bridge of in an approved landfill or construction waste area. Existing concrete bridge piles will be removed approximately to the mud line of the channel, except the northernmost piles. These piles are located in a shellfish sampling area and removal of these piles could be disruptive to the shellfish habitat. Option 2: "West Alignment" - The NOAA and Duke laboratory personnel are in favor of this option. The majority of construction on the island side will be limited to the area west of the existing bridge approaches so disruption to traffic serving the facilities would be minimized. The new boat ramp would be unaffected and the overhead electrical lines could be left in place. This Option would require realignment of the bridge approaches on the island and mainland. Both approaches would require a gentle reverse curve in the roadway to access the bridge (see attached bridge plan). It is the design intent for this alignment to locate the new bridge as close to the existing bridge as possible while still allowing reasonable construction access. This would help to minimize impacts on the natural areas immediately west of the existing bridge and west of the approach roadway. Some small trees and bushes (predominantly wax myrtles or various sizes) would have to be removed on both the mainland and island so the new approaches and associated shoulders could be constructed. The Final Environmental Assessment by Stokes Environmental states that these areas of wax myrtles are possible habitat for the painted bunting. The alignment would also require the removal of some native grasses on the beach area west of the existing bridge. There will also be some fill required in the wetlands area west of the north approach to the bridge. The area of wetlands that will have to be filled is estimated at 0.042 acres on the delineated wetlands and the proposed bridge alignment and shoulder geometry. (Wetlands were staked by Mr. Larry Baldwin of Land Management group.) The area of the beach adjacent to the north abutment that will receive fill is 0.049 acres. The new bridge will require the extension of the existing concrete bulkheads on the island to create an area of land of approximately 2,265 square feet, or approximately 0.053 acres, for the south abutment and realigned Pivers Island Road. The westward extension of the bulkhead under the existing bridge and the northward extension of the west bulkhead of the island could encroach on existing shellfish beds. Any shellfish beds that are impacted by the new bulkheads will be relocated to locations approved by NOAA and governing agencies. The attached bridge plan shows the area of land to be created to accommodate the south abutment of the bridge and the realigned Pivers Island Road. Like the East Alignment Option, the existing bridge would be left in operation and demolished when the new bridge is complete. The bridge design would be identical for either alignment and would be equally as disruptive to the channel environment. Based on this comparison of locations, the West Alignment was determined as being the Least Environmentally Damaging Practical Alternative. A more thorough discussion of the impacts on aquatic resources follows: 2. Areas of Environmental Concern As defined in the North Caroline Administrative Code, Title 15A, Chapter 7, Subchapter H, this project is located in an "Area of Environmental Concern" (AEC). This project falls under the definition of "Estuarine and Ocean Systems Categories," ( in particular, estuarine waters, coastal wetlands, and public trust areas). This project is consistent with the enforceable policies of Subchapter 7H as noted in the sections below. 15A NCAC 07H.0205 establishes management objectives to conserve and manage coastal wetlands to help "safeguard and perpetuate their biological, economic and aesthetic values." The approach roadway alignment has been established to minimize the impact to the existing wetlands. Exhibits C and D show CONSISTENCY DETERMINATION 3 Design-Build Replacement of NOAA/NOA Pivers Island Bridge the anticipated fill required in the existing wetland west of the north approach roadway, fill on the beach area by the north abutment, and fill required for extending the bulkheads on the island. This estimated area of wetland to be filled is 0.042 acres, the fill on the beach area is 0.049 acres, and the fill in the bulkhead area on the island is 0.053 acres. Other than the creation of the roadbed and shoulders in the existing wetlands area north of the proposed bridge, there will be no discharge of dredged or fill material into the wetlands. The more stringent provisions of The North Carolina Department of Transportation "Best Management Practices for Construction and Maintenance Activities" and DWQ's "Storm Water Best Management Practices " (BMPs) will be specified for construction of the project. Project specifications require that site-specific stormwater management shall be designed to remove 85% of total suspended solids (TSS) in accordance with the DWQ's BMPs. The project specifications also require that a stormwater management plan be developed by the successful design-build contractor and submitted to the DWQ for their records. The stormwater management plan will include provisions to control runoff from construction areas into the wetlands area. It is the intent of the Owner (NOAA) to provide compensatory mitigation for all impacts on wetlands that are associated with this project. A mitigation plan will be developed by the Owner and submitted to DCM for their review and approval prior to installation. 15A NCAC 07H .0206 establishes policies to "conserve and manage the important features of estuarine waters so as to safeguard and perpetuate their biological, social, aesthetic, and economic values." The proposed bridge project has been designed to have one less line of pile supports in the channel than the existing bridge. Additionally, the proposed bridge profile will be approximately two feet higher than the existing bridge. The greater vertical clearance to structure and the fewer support piles will result in fewer impediments for watercraft and reduce splash on the structure and resulting deterioration. The project specifications will require that the channel be open to watercraft traffic throughout construction. The specifications for design-build construction of the Pivers Island Bridge will require that, "to the greatest extent practicable," all construction activities authorized by the RGP will be conducted "in the dry." The specifications will require that barriers be installed between work areas and the aquatic habitat to protect the habitat from cement and other pollutants. The contractor will be required to prevent fresh or uncured concrete from coming into contact with waters of the State until the concrete has cured. The contractor will be required to demolish the bridge in a manner that will not introduce any bridge remnants or debris into the existing channel. All demolished materials will be required to be removed and disposed of in an approved construction/demolition landfill or construction waste area. Existing concrete bridge piles will be removed approximately to the mud line of the channel. As described in 7H.0205 above, the more stringent provisions of The North Carolina Department of Transportation "Best Management Practices for Construction and Maintenance Activities" and DWQ's "Storm Water Best Management Practices " (BMPs) will be specified for construction of the project and to control any runoff into Old Channel. Based on information supplied by the NCDMF and Wildlife Resources Commission, this project is not located in an area designated as a "primary nursery area," and it is our understanding that it is not required to contact the North Carolina Division of Marine Fisheries or the North Carolina Wildlife Resources Commission for coordination. However, it is the intent of the applicant to issue a notice to proceed to the successful design-build contractor in October, 2005 and to require that construction of the piles, bulkheads, and other activities occur in the winter months in a period of low biological activity. It is our understanding, based on information supplied by the North Carolina Wildlife Commission, that the site has no anadromous fish. Also, the NMFS indicates that mammals and turtles do not consistently use this area during any month. Based on this information, it was determined that the proposed construction activities will not result in substantial permanent disruption of movement of indigenous species of aquatic life. Additionally, the existing Pivers Island Bridge will be demolished after the completion of the new bridge. The piles for the existing bridge will be removed to the mudline. The existing north abutment will be left in place in order not to destabilize the bulkhead at that location. CONSISTENCY DETERMINATION 4 Design-Build Replacement of NOAA/NOA Pivers Island Bridge 15A NCAC 07H .0207 establishes policies to "protect public rights for navigation and recreation and to conserve and manage the public trust areas so as to safeguard and perpetuate their biological, economic, and aesthetic value. This project will not impede the public's ability to navigate through Old Channel. Although this bridge will have a sampling platform that will reduce the navigable way under a portion of the bridge, the higher bridge deck elevation and fewer lines of support piles should provide equal or better navigation than what is experienced currently or was experienced when the existing bridge had a sampling platform. 15A NCAC 07H.0208 establishes use standards for projects in an Area of Environmental Concern. (a) General Use Standards (applicable sections) 1. A bridge is defined as a project type that is water dependent. 2. The applicant has complied with the following standards: (A) The proposed location, design and need for development have been established in the introductory sections of this document. (B) The permit letting authority for this project, the U.S. Army Corps of Engineers, Wilmington District, has been given a Preconstruction Notification for Confirmation of Compliance with Regional General Permit 1982000031 (RGP), concurrent with this Consistency Determination. It is discussed and demonstrated in this Consistency Determination and the RGP that there exists no suitable alternative site or location outside of the AEC for this bridge. (C) This project will not violate water and air quality standards. The more restrictive of provisions of The North Carolina Department of Transportation "Best Management Practices for Construction and Maintenance Activities" and DWQ's "Storm Water Best Management Practices " (BMPs) will be specified for construction of the project and to control any runoff into Old Channel or adjacent wetlands. (D) Based on the conclusions of the Final Environmental Assessment by Stokes Environmental, dated August 22, 2003, there is no anticipated damage to archaeological resources as a result of the project. (E) It will be a requirement in the project specifications that the contractor follow the BMPs of the DWQ and NCDoT to control siltation. (F) This project will not create any stagnant bodies of water. All newly developed areas will be graded to drain by gravity to surrounding wetlands or estuarine waters. (G) The project will be scheduled to minimize impact on the life cycles of estuarine and ocean resources. The discussion in section 15A NCAC 07H .0206 above expands on this item. (H) This project will not impede navigation through Old Channel. See further discussion in 15A NCAC 07H.0206 above. 3. NOAA will provide compensatory mitigation for any wetlands that are impacted as a result of this project. A mitigation plan will be developed by the Owner and submitted to DCM for their review and forwarded to the relevant State agencies for approval prior to installation. 4. Based on information supplied by the NCDMF and Wildlife Resources Commission, this project is not located in an area designated as a "primary nursery area." 5. Based on information supplied by DCM, this project is located in an area of Outstanding Resource Waters. This project is a replacement of an existing bridge and is consistent with the standards adopted by the CRC, EMC, and Marine Fisheries Commission for estuarine waters and coastal wetlands. Best Management Practices of the North Carolina Division of Water Quality CONSISTENCY DETERMINATION 5 Design-Build Replacement of NOAA/NOA Pivers Island Bridge and the North Carolina Department of Transportation will be required on this project so as not to degrade the water quality of outstanding resource values. 6. This project will not be constructed in areas having submerged aquatic vegetation in the public trust and estuarine waters. (b) Specific Use Standards (applicable sections) (A) Bulkheads or extensions of existing bulkheads are planned at each end of the bridge and will be aligned to approximate the mean high water level. (B) Bulkheads will not be constructed near marshland or marshland fringes. (C) The project specifications will require the successful design-build contractor to obtain any fill material from an approved upland source. (D) Not applicable. Bulkheads will be constructed to mean high water level. (E) Not applicable. 15A NCAC 07H.0209 establishes management policies to "ensure that shoreline development is compatible with both the dynamic nature of coastal shorelines as well as the management objectives of the estuarine and ocean system." Other objectives are "to conserve and manage the important natural features of the estuarine and ocean system so as to safeguard and perpetuate their biological, social, aesthetic, and economic values." The proposed alignment of the new bridge will require the construction of the north abutment and associated bulkhead on the beach area immediately west of the existing bridge north abutment. This beach area is owned by the U.S. Government. It is the intent of the proposed plan to limit the impact on this beach area as much as practicable by locating the proposed bridge as close to the existing bridge as possible. Any new bulkhead will extend to the west of the proposed abutment to help stabilize the beach area and to resist erosion. (d) Use Standards 3. As part of the specifications for this project, the design-build contractor will be required to comply with the mandatory standards of the North Carolina Sedimentation Pollution Control Act of 1973, including: creation of a buffer zone along the channel to confine siltation; limitation of grade slopes allowing vegetation to act as the primary erosion control; and planting of ground cover in uncovered areas within 30 days of completion of final grading. 4. This project will alter coastal wetlands because of the required alignment of the north approach roadway. NOAA has agreed to provide compensatory mitigation for any affected wetlands area on Pivers Island. Also, any shellfish beds that are impacted by the construction of new bulkheads on Pivers Island will be moved as part of the project in coordination with the North Carolina Division of Marine Fisheries. Project specifications will require that no spoils will be deposited waterward of normal water level or normal high water, or will cause the degradation of any shellfish beds. This development will not interfere with the public's access to navigable waters or public resources. 6. N.A. CONSISTENCY DETERMINATION 6 Design-Build Replacement of NOAA/NOA Pivers Island Bridge 7. Based on the conclusions of the Final Environmental Assessment by Stokes Environmental, dated August 22, 2003, there is no anticipated damage to archaeological resources as a result of the project. 8. The public's rights to access to public trust lands and waters will not be impacted by this project. 9. This project use is consistent with the general use standards of 15A NCAC 07H .0208 as discussed above. The contractor will be required to comply with the more restrictive of provisions of The North Carolina Department of Transportation "Best Management Practices for Construction and Maintenance Activities" and DWQ's "Storm Water Best Management Practices" (BMPs) and the North Carolina Sedimentation Pollution Control Act of 1973, to control any runoff into Old Channel or adjacent wetlands. 10. N.A. Construction of the bridge (or of any bridge) cannot be located a distance of 30 feet landward of normal water level or normal high water level. The bridge is a water dependent use. 15A NCAC 07H.0601 establishes the policy that "no development shall be allowed in any AEC which would result in a contravention or violation of any rules, regulations, or laws of the State of North Carolina or of local Government in which the development takes place." This policy will be explicitly stated in the project specifications. Additionally, a copy of this Consistency Determination and the Regional General Permit 31 Confirmation of Compliance has been submitted to Carteret County simultaneous with this submission for review for compliance with the County's Land Use Plan. 15A NCAC 07H.0602 establishes the policy that no development shall be allowed that has a substantial likelihood of causing pollution in waters where shellfishing takes place. It is the intent of this project to protect and relocate any affected shellfish beds. Additionally, the northernmost line of piles of the existing bridge and the north abutment will be left so as not to disturb the existing shellfish sampling area in the vicinity. 15A NCAC 07M .0301 establishes management objectives to ensure public access to public beaches and waters. There are no public beaches in the vicinity of this project. 15A NCAC 07M.0700 establishes policies for mitigation should a project have adverse impacts. While the project has been designed to avoid adverse impacts to the greatest extent practicable, the project will have adverse impacts on three specific areas; the wetlands area west of the north approach roadway; the beach area immediately west of the existing bridge north abutment; and the shellfish beds located in the area where new bulkheads will be constructed on Pivers Island. It is the intent of the Owner (NOAA) to provide compensatory mitigation for any impacts on wetlands that are associated with this project. The shellfish beds that would be disturbed by the construction of the new bulkheads will be moved as part of the project requirements. Additionally, as part of the project specifications, the wax myrtles that will be affected in order to accommodate the realigned approach roadways will be salvaged and replanted. If it is impossible to save these mature plants, the project specifications will require that the contractor replace the plants with plants of the same caliper or largest caliper commercially available in an arrangement to be approved by the NOAA and Duke Laboratories. A mitigation plan will be developed by the Owner and submitted to DCM and forwarded to relevant State agencies for their review and approval prior to construction. 15A NCAC 07A1.0800 establishes management objectives for waters of the coastal area that have traditionally been used for commercial and recreational fishing, swimming, hunting, recreational boating and commerce. This project does occur adjacent to and over estuarine waters ("Old Channel") and project specifications will require that the project will not degrade the water quality so as to impair CONSISTENCY DETERMINATION Design-Build Replacement of NOAA/NOA Pivers Island Bridge traditional uses. Specifications will establish requirements for stormwater runoff, control of siltation, and turbidity. CONSISTENCY DETERMINATION Design-Build Replacement of NOAA/NOA Pivers Island Bridge Preconstruction Notification for Confirmation of Compliance with Regional General Permit No. 198200031 Submittal To: District Engineer U.S. Army Engineer District, Wilmington Corps of Engineers Post Office Box 1890 Wilmington, NC 28402-1890 Applicant (Owner): NOAA/NOS/NCCOS/Center for Coastal Fisheries and Habitat Research Contact: Mr. Mike Randall National Oceanographic and Atmospheric Administration Eastern Region CAO/RPFLO/Project Planning Management Division 601 East 12'' Street, Room 1749 Kansas City, MO 64106-2877 e-mail: michael.d.randall@noaa.gov Applicant's Engineer, Contact: TranSystems Corporation Mr. Jeff Reeder TranSystems Corporation 2400 Pershing Road, Suite 400 Kansas City, MO 64108 Phone: (816) 329-8600 e-mail: jlreeder@transystems.com Project Name: Design-Build Replacement of the NOAA/NOS Pivers Island Bridge Submittal Date: April 29, 2005 The following attachments accompany and support this Confirmation of Compliance Document: • Exhibit A - Location and Vicinity Maps • Exhibit B - Existing Survey • Exhibit C - Site Layout Plan • Exhibit D - Partial Site Layout Plans • Exhibit E - Bridge Plan and Elevation • Exhibit F - Sections and Details • Final Environmental Assessment (PDF version on accompanying CD) • FONSI letter from Department of Commerce (PDF version on accompanying CD) • Copy of Consistency Determination submitted to NC Division of Coastal Management (PDF version on accompanying CD) CONFIRMATION OF COMPLIANCE Design-Build Replacement of NOAA/NOA Pivers Island Bridge 1. Special Conditions a. Written Confirmation - This document shall serve as written confirmation that the work proposed for the referenced project complies with the Regional General Permit (RGP) No. 198200031 that is currently in effect. The RGP is for work "in or affecting navigable waters of the United States" and authorizes "the discharge of dredged or fill niaterial inn waters of the United States, including wetlands, associated with the construction, maintenance and repair of bridges.... as part of work conducted by the North Carolina Department of Transportation (NCDOT) or other State, Federal or governmental entity, inn the State of North Carolina." (1) Project Location - The project is located in Beaufort, North Carolina, and is titled as the "Design-Build Replacement of the NOAA/NOS Pivers Island Bridge." The bridge will replace the existing bridge that spans Old Channel and will link the mainland with Pivers Island. The island is currently home to NOAA National Ocean Service Laboratory and the Duke University Marine Laboratory. A map of the project location is shown on Exhibit A attached. Exhibit B shows the topographical survey of the project location. Exhibits C & D show graphically the encroachment of the north approach roadway into adjacent wetlands area and Exhibits E and F show the preliminary construction plans for the proposed bridge. Wetlands were delineated for this project by the Land Management Group. (2) Project Plans -Plans for the proposed replacement bridge have been developed to approximately the 35% completion level in accordance with the Engineer's scope of services and what is customary for inclusion in design-build criteria documents. These plans and details, in 11" x 17" format, are attached to this document as Exhibits E and F. The plans show a new two-lane concrete bridge to be constructed immediately west of the existing Pivers Island Bridge. The plans show the existing bridge (to be demolished) the preferred bridge plan alignment and dimensions, the preferred bridge profile, selected typical bridge details and anticipated fill that will be required in any existing wetland areas to accommodate the bridge and/or approach roadways. Plans also show anticipated quantities of materials, locations of all pertinent structures, and the normal high water elevation contour in impacted areas. (3) Affected Aquatic Resources - An alternatives analysis was performed to determine the best location for the proposed Pivers Island Bridge. In studying bridge location alternatives, the Applicant's primary criterion was to avoid project impacts on the environment to the greatest extent practicable. We have attempted to minimize the extent of any unavoidable impacts. It is understood that all unavoidable impacts will be mitigated through compensatory actions and in accordance with the Mitigation and Monitoring Guidelines of the U.S. Army Corps of Engineers. The proposed Pivers Island Bridge will be served by Pivers Island Road on the mainland and island sides of the bridge. It was practical to locate the proposed bridge as close to the existing bridge as possible to make use of the existing access roadways and to minimize the impact on existing natural areas. Two options were studied for the proposed bridge location: immediately east of the existing bridge and immediately west of the existing bridge. A description of the proposed alignments follows along with a discussion of the impact on environmental resources. CONFIRMATION OF COMPLIANCE 2 Design-Build Replacement of NOAA/NOA Pivers Island Bridge Option 1: "East Alignment" - For this option, the existing bridge would be left in operation until the proposed new bridge is operational at which time the existing bridge would then be demolished. The NOAA and Duke labs were opposed to this option because of the disruption it would cause with existing improvements and traffic flow on the site. Access to all NOAA and Duke facilities would have to be maintained which could impact sequencing of construction and result in additional construction costs. The lab recently constructed a new dock and boat ramp east of the existing bridge that would have to be removed so the new bridge could be constructed. This ramp would have to be relocated to another site and could possibly require the construction of a new access road as well as new environmental documentation to be conducted relative to the new facility. No site was identified as a possible location for a new dock and boat ramp. Construction of a new ramp would be potentially more disruptive to the environment than leaving the existing ramp in place. The proposed bridge would have five spans while the existing bridge has six spans. The new bridge would be founded using concrete piles that will be driven in the Channel. The proposed bridge would therefore have one less line of piles in the channel than the existing bridge and would be less disruptive to the environment of the Channel than the current bridge. The attached bridge plan and profile in Exhibit E shows the proposed arrangement of pile supports for the bridge. The overhead power lines and associated easement on the east side of the existing bridge would have to be relocated as well for this option, or special bridge detailing, such as the use of spliced piles and low height cranes, would be required for construction. Relocation of the power lines, in addition to being expensive, would also be environmentally disruptive, requiring new support structure in the vicinity of the channel. These special construction measures would increase the cost of the bridge. Another possible problem with this scenario concerns the location of the property line north of the existing bridge. Based on conversations with the team surveyor, Bob Jones of Robert H. Goslee Surveying, there exists conflicting information on where NOAA's eastern property line is located. Depending on where the property line is located according to the surveyor's research, it may be difficult to locate the north approach slab in this area. For this option, the existing bridge would be left in operation until the new bridge is operational and would then be demolished. The contractor would be required to demolish the bridge in a manner that would not introduce any bridge remnants or debris into the existing channel. All demolished materials would be required to be removed and disposed of in an approved landfill or construction/demolition landfill. Existing concrete bridge piles would be removed approximately to the mud line of the channel. Option 2: "Nest Alignment" - The NOAA and Duke personnel are in favor of this option. The majority of construction on the island side would be limited to the area west of the existing bridge approaches so disruption to traffic would be less than Option 1. The new boat ramp would be unaffected and the overhead electrical lines could be left in place. This Option would require realignment of the bridge approaches on the island and mainland. Both approaches would require a gentle reverse curve in the roadway to access the bridge (see attached bridge plan). Some small trees and bushes and native grasses would have to be removed on both the mainland and island so the new approaches and associated shoulders could be constructed. There would also be some fill placement required in the wetlands area west of the north approach to the bridge. The new CONFIRMATION OF COMPLIANCE Design-Build Replacement of NOAA/NOA Pivers Island Bridge bridge would require the extension of the existing concrete bulkheads on the island to create an area of land of approximately 2,265 (0.053 acres) square feet for the south abutment and realigned Pivers Island Road. The westward extension of the bulkhead under the existing bridge and the northward extension of the west bulkhead of the island could encroach on existing shellfish beds. Any shellfish beds that are impacted by the new bulkheads would be relocated to locations approved by the North Carolina Division of Marine Fisheries. The attached bridge plan shows the area of land to be created to accommodate the south abutment of the bridge and the realigned Pivers Island Road. Like the East Alignment Option, the existing bridge would be left in operation and demolished when the new bridge is complete. The bridge design would be identical for either option and would have similar impact to the channel environment. Based on this comparison of locations, the Option 2 West Alignment was determined as being the least environmentally damaging practical alternative A more thorough discussion of the impacts on aquatic resources follows: Impact in Channel - The proposed bridge will have five spans while the existing bridge has six spans. The new bridge will be founded using concrete piles that would be driven in the Channel. The proposed bridge would therefore have one less line of piles in the channel than the existing bridge and will be less disruptive to the environment of the Channel than the current bridge. The attached bridge plan and profile on Exhibit E shows the proposed arrangement of pile supports for the bridge. Impact of Bulkhead Extensions on Island - The new bridge would require the extension of the existing concrete bulkheads on the island to create an area of land of approximately 2,265 (0.053 acres) square feet for the south abutment and realigned Pivers Island Road. The westward extension of the bulkhead under the existing bridge and the northward extension of the west bulkhead of the island could encroach on existing shellfish beds. Any shellfish beds that are impacted by the new bulkheads would be relocated to locations approved by the North Carolina Division of Marine Fisheries. The attached bridge plan shows the area of land to be created to accommodate the south abutment of the bridge and the realigned Pivers Island Road. Realignment of Pivers Island Road, North of Bridge - This option would require that Pivers Island Road be realigned on the mainland side of the Channel to accommodate the proposed bridge location. This realignment would require the removal of some existing vegetation on the west side of the road and will also require some fill in the existing wetlands immediately west of the road in order to create the new roadbed and shoulder and side slope. Exhibits C and D show the estimated impact on the existing wetlands area. It is estimated that the area of wetlands that will be impacted is 0.042 acres, the area of sandy beach that would be impacted is 0.049 acres. • Demolition of Existing Bridge - The existing Pivers Island Bridge would be demolished after the completion of the new bridge. The contractor would be required to demolish the bridge in a manner that would not introduce any CONFIRMATION OF COMPLIANCE 4 Design-Build Replacement of NOAA/NOA Pivers Island Bridge bridge remnants or debris into the existing channel. All demolished materials would be required to be removed and disposed in an approved construction/demolition landfill. Existing concrete bridge piles will be removed approximately to the mud line of the channel. Demolition will be in accordance with North Carolina Department of Transportation standards including the Best Management Practices for Construction and Maintenance Activities and the North Carolina Division of Water Quality Storm il'ater Best Management Practices. It is the design intent that all piles would be removed as part of the demolition of the existing bridge. The abutment on the north side of the existing bridge would be left in place so as not to destabilized the existing bulkhead at that location. There would be no environmental impact by leaving the abutment in place because there is no emergent seagrass at this location. (4) Approximate Commencement and Completion Dates - We anticipate that construction on the project will begin in January 1, 2006 and will be completed by March 31, 2007. (5) Methods to be Employed to Minimize Impact on Aquatic Resources- All construction activities, including demolition, shall be performed in accordance with the Best Management Practices for Construction and Maintenance Activities, as published by the North Carolina Department of Transportation, August 2003. (6) Techniques for Construction, Stabilization, and Removal of Unavoidable Temporary Fills - All construction activities, including demolition, shall be performed in accordance with the Best Management Practices for Construction and Aaintenance Activities, as published by the North Carolina Department of Transportation, August 2003. Competent Center for Coastal Fisheries and Habitat Research (CCFHR) staff will monitor compliance with these BMPs. (7) Adjoining Property Owners - The south end of the proposed bridge will be located on Pivers Island. Pivers Island is surrounded by estuaries of the Newport River, namely "Back Sound" on the west and "Beaufort Channel" or "Gallants Channel" on the east and south. The north side of the island in bounded by a narrow channel named "Old Channel," which is approximately 300 feet wide. The proposed bridge will span Old Channel. This channel is noted as "Thoroughfare" on the attached survey and will be referred to hereafter as "the Channel." All channels mentioned are public waters. On the north side of the bridge, the U.S. Government owns all land on which any construction will take place. The property immediately to the east of the Government property is deeded to Rodney P. Hoell. The government property abuts the right of way for Old Causeway Road on the north (also known as "County Road 1205" or "Old Morehead Road" on some local databases.) The State of North Carolina owns a small irregularly shaped parcel of approximately one-half acre west of Pivers Island Road north of the bridge. This parcel is surrounded by U.S. Government property. b. Fill Areas and Impacts on Aquatic Resources - Based on the preferred approach roadway and bridge alignment, the total area of fill anticipated for the project is 0.144 acres. This total fill area includes fill required in the wetlands area on the north approach roadway (0.042 acres) and the fill area behind the proposed bulkhead on the northwest corner of Pivers Island CONFIRMATION OF COMPLIANCE Design-Build Replacement of NOAA/NOA Pivers Island Bridge (0.052 acres), and fill on the beach area at the north abutment (0.049 acres). The bulkhead is being extended on Pivers Island in order to accommodate the construction of the bridge abutment and adjacent approach roadway alignment. It is our understanding that the Corps of Engineers' Project Manager will make a wetlands determination, after visiting the site and reviewing the attached plans, if the impact on aquatic resources warrants a review by Federal and State agencies. It is our understanding that the Division of Coastal Management will distribute plans and associated materials to these and other State agencies, if required: • The U.S. Fish and Wildlife Service (USFWS) • The National Marine Fisheries Service (NMFS) • The U.S. Environmental Protection Agency (EPA) • The North Carolina Department of Environment and Natural Resources (NCDENR) It is also our understanding that if the Corps of Engineers' Project Manager determines that the impacts of the project are minimal (or can be made minimal by changes agreed to by the applicant) a letter of authorization to proceed will be provided. c. Forwarding of Plans to Selected Agencies, for Fills Greater Than One Acre - Since the calculated area of fills for the project is less than one acre, the forwarding of plans to the agencies listed under item b. above will be performed only if requested by the Corps of Engineers' Project Manager. d. Location of Work - The proposed work is in Carteret County. Because this is one of the coastal counties as defined by the North Carolina Division of Coastal Management, a copy of this Preconstruction Notification has been forwarded to: National Marine Fisheries Service 101 Pivers Island Road Beaufort, North Carolina 28516 Attention: Mr. Ron Sechler It is the Applicant's understanding that Carteret County currently has a Land Use Plan in effect. A copy of this Preconstruction Notification has been forwarded to Katrina Marshall at the County for review and comment to assure compliance with the Land Use Plan. e. State Authorizations - It is our understanding that State authorizations are required before the Wilmington District Engineer will issue any approval for this project. A Consistency Determination has been filed with the North Carolina Division of Coastal Management concurrent with this RGP Confirmation of Compliance. f. Notice to Proceed - It is understood that no work will proceed on this project until the applicant receives written notice to proceed from the U.S. Army Corps of Engineers, Wilmington District Engineer. g. Removal of Temporary Fills and Site Restoration - All temporary fills used for construction of the proposed Pivers Island Bridge or realigned roadways will be completely removed from the site. It is not anticipated at this time that any temporary fills will be required that will impact wetland areas. CONFIRMATION OF COMPLIANCE 6 Design-Build Replacement of NOAA/NOA Pivers Island Bridge li. Soil and Erosion Control Measures - All construction activities, including demolition, shall be performed in accordance with the Best Management Practices of the North Carolina Division of Land Resources. i. Alignment of Approaches and Existing Approach Fills - The existing roadbed north of the proposed bridge is not located in a designated wetland area. Areas where the existing roadway will be removed will be regarded and new plants introduced at areas not required for access to the property to the east. j. Discharges of Fill Materials, Impacts, and Proposed Mitigation - Discharges of fill dredged or fill material will be minimized on this project. If, after review by the U.S. Army Corps of Engineers, Wilmington District Engineer, it is determined that the construction activities will result in more than "minimal adverse environmental affects," compensatory mitigation will be provided on the project. Any compensatory mitigation will comply with the Corps-wide mitigation guidelines. k. Activities in North Carolina "Mountain Trout Waters" - Provisions of the RGP related to work occurring in designated "Mountain Trout Waters" do not apply to this project. 1. Activities in Mountain Counties of North Carolina - Provisions of the RGP related to work occurring in designated "Mountain Counties" or North Carolina do not apply to this project. m. Anadromous Fish Spawning Areas and Use of Culverts - Provisions of the RGP related to installation of culverts in areas designated as "anadromous fish" spawning areas do not apply to this project. n. Discharges into Waters Designated as Anadromous Fish Spawning or Primary Nursery Areas- Based on information supplied by the NCDMF and Wildlife Resources Commission, this project is not located in an area designated as a "primary nursery area," and it is our understanding that it is not required to contact the North Carolina Division of Marine Fisheries or the North Carolina Wildlife Resources Commission for coordination. Although not required, it is the intent of the applicant to issue a notice to proceed to the successful design-build contractor in October, 2005 and to require that construction of the piles, bulkheads, and other activities occur in the winter months in a period of low biological activity. o. Disruption of Movement of Indigenous Species of Aquatic Life - It is our understanding, based on information supplied by the North Carolina Wildlife Commission, that the site has no anadromous fish. Also, the NMFS indicates that mammals and turtles do not consistently use this area during any month. In the Final Environmental Assessment, it was noted by the U.S. Fish and Wildlife Service that there is a "slight chance that the West Indian manatee may occupy waters in the vicinity of Pivers Island." The Fish and Wildlife Service included in their report a set of guidelines for construction in possible areas where manatees could be found. This document is titled "Precautions for General Construction in Areas TT'hich May Be Used by the Mest Indian Manatee in North Carolina." The design-build contractor will be required in the specifications to conduct all construction activities in accordance with this document. Based on this information, it was determined that the proposed construction activities will not result in substantial permanent disruption of movement of indigenous species of aquatic life. CONFIRMATION OF COMPLIANCE 7 Design-Build Replacement of NOAA/NOA Pivers Island Bridge p. Installation of Culverts Greater Than 100' in Length -Provisions of the RGP related to installation of culverts do not apply to this project. q. Pipe Culverts in CAMA designated counties - Provisions of the RGP related to installation of culverts do not apply to this project. r. Construction Activities Adjacent to Aquatic Habitat - The specifications for design-build construction of the Pivers Island Bridge will require that, "to the greatest extent practicable," all construction activities authorized by the RGP will be conducted "in the dry." The specifications will require that barriers be installed between work areas and the aquatic habitat to protect the habitat from cement and other pollutants. The contractor will be required to prevent fresh or uncured concrete from coming into contact with waters of the State until the concrete has cured. s. Determination of Consistency with North Carolina Division of Coastal Management - It is our understanding that projects authorized by this RGP require a Determination of Consistency from the North Carolina Division of Coastal Management in accordance with the Coastal Area Management Act of 1974 (CAMA). Carteret County is located within the iwenty counties of North Carolina designated as coastal counties by the LAMA. A Consistency Determination has been submitted to Ms. Terre Barrett of the North Carolina Division of Coastal Management, Morehead City office, concurrent with submission of this RGP Confirmation Compliance. This project occurs within a designated Area of Environmental Concern (AEC) therefore subchapter 7H of Chapter 7 of Title 15A of North Carolina's Administrative Code, State Guidelines for Areas of Environmental Concern, will apply. Additionally, Subchapter 7M of the Code, General Policy Guidelines for the Costal Area, will apply. t. Authorization of Work and Consultation with NOAA - Based on the project location, the following Essential Fish Habitats (EFH) will be impacted: Inter-tidal Marsh - Fill areas on the west side of the re-aligned Pivers Island Road north of the proposed bridge will impact the existing wetlands area. The area of wetlands that will be impacted is 0.042 acres. Oyster Beds - The proposed bulkhead extension on Pivers Island will impact existing oyster beds located on rocks adjacent to the existing concrete bulkhead. All live oysters will be removed and relocated to an area designated by the NCDENR. The rocky area that will be impacted is 0.053 acres. Sandy Beach Area - The new bridge will impact 0.049 acres of sandy beach at the north abutment. Impacted areas are shown on Exhibits C and D. Based on coordination with the National Marine Fisheries Service, Habitat Conservation Division, a determination has been made that the impact to EFH will be minimal. Therefore, no EFH assessment has been prepared. u. Requirements of NCDWQ Water Quality Certification No. 3404 - All work will for this project will comply with North Carolina Division of Water Quality Certification No. 3404. Applicable sections of the Certification and a discussion of how this project is in compliance follows: CONFIRMATION OF COMPLIANCE Design-Build Replacement of NOAA/NOA Pivers Island Bridge 1.) Enumerating and Reporting of Impacts: • Streams - Provisions are not applicable. • Wetlands - Impacts to wetlands are shown graphically on the attached Project Plan (Exhibits C and D). The fill area in the wetlands north of the bridge is 0.42 acres. • Lakes and Ponds - Not applicable. 2.) Proposed Fill or Substantial Modification of Wetlands - A Consistency Determination for the project has been submitted for review by North Carolina DCM. DCM is forwarding copies of the Consistency Determination document to the appropriate State agencies, including the Division of Water Quality (DWQ), for their review and concurrence. 3.) Single Family Lot Application - Not applicable. 4.) Impacts to Streams in Neuse, Tar-Pamilico or Randleman River Basins - Not applicable. 5.) Impacts to Perennial Waters - This project does have an impact on Perennial Waters since the bridge will cross Old Channel and will require written approval from the DWQ. This project will have a slight increase in impervious area because of the realignment of Pivers Island Road north and south of the bridge. The increase will be approximately 0.012 acres in aggregate (no increase on Pivers Island and 0.012acres on the mainland.) G.) Site Specific Storm Water Management - The more stringent provisions of The North Carolina Department of Transportation Best Management Practices for Construction and Maintenance Activities and DWQ's Storm [Vater Best Afanagentent Practices (BMPs) will be required for construction of the project. Project specifications require that site-specific stormwater management shall be designed to remove 85% of total suspended solids (TSS) in accordance with the DWQ's BMPs. The project specifications also require that a stormwater management plan be developed by the successful design-build contractor and submitted to the DWQ for their records. 7.) Compensatory Stream Mitigation - Not applicable. 8.) 401 Water Quality Certification - Not applicable as verified with the NCDENR and the NC Department of Water Quality. 9.) Compensatory Mitigation - It is the intent of the Owner (NOAA) to provide compensatory mitigation for any impacts to wetlands that are associated with this projectA mitigation plan will be developed by the Owner and submitted to DCM for their review and approval prior to installation. 10.) Realignment of Streams - Not applicable. 11.) Placement of Culverts - Not applicable. CONFIRMATION OF COMPLIANCE 9 Design-Build Replacement of NOAA/NOA Pivers Island Bridge 12.)Sediment and Erosion Control Practices - The more stringent provisions of The North Carolina Department of Transportation Best Management Practices for Construction and Maintenance Activities, and the North Carolina Sediment and Erosion Control Planning and Design Manual will be in effect for the construction of this project. 13.)Removal of Sediment and Erosion Control Measures - As a requirement of the project specifications, the Contractor shall remove all erosion control measures and original grades restored within two months after the Division of Land Resources has released the project. 14.)Additional Site-Specific Conditions - It is understood that the DWQ may add additional site specific conditions to this project in order to ensure compliance with all applicable water quality and effluent standards. 15.)Casting of Concrete Adjacent to Waters of the State - As a requirement of the project specifications, the contractor will be required to prevent fresh or uncured concrete from coming into contact with waters of the State until the concrete has cured. 16.)Environmental Documentation - A Final Environmental Assessment has been conducted for this and associated projects at Pivers Island by Stokes Environmental Associates, Norfolk, Virginia, dated 22 August 2003. A copy of this document is located on the compact disk accompanying this report. A FONSI has been issued by the United States Department of Commerce/NOAA by Dr. Richard Spinrad, Assistant Administrator, National Ocean Service, Silver Spring Maryland. A copy of the Final Environmental Assessment and FONSI are attached to the Confirmation of Compliance. 17.)Access of Building Sites and Additional Fill - The RGP Certification of Compliance will be used to access the construction site for the proposed bridge. No additional fill, beyond what is indicated on the attached preliminary plan and profile and what is described in this document, is allowed as part of this project. 18.) Certification of Completion - NOAA will use the most recent version of the Certification of Completion form to notify DWQ when all work included in the RGP is complete. 19.)Certification Period - The applicant understands that any certification from the DWQ shall expire three years from the date of the cover letter from DWQ or on the same day as the expiration date of the corresponding RGP, whichever is sooner. v. The proposed Pivers Island Bridge will be constructed just west of and as close as practicable to the existing bridge. The new bridge will have one less set of pier supports in the Old Channel than the current bridge and will have no adverse impact on preconstruction downstream flow rates or capacity. Construction of the bridge will not permanently restrict or impede the passage of normal or high flows. The structure and any shoulders, built-up areas or subbase material that accommodates the new alignment of Pivers Island road will be designed to withstand expected high flows. Discharge of dredged materials will not be CONFIRMATION OF COMPLIANCE 10 Design-Build Replacement of NOAA/NOA Pivers Island Bridge allowed (by project specifications) into any of the waterways or wetlands associated with this project. 2. General Conditions a. Discharge of Dredged or Fill Material - Other than the creation of the roadbed and shoulders in the existing wetlands area north of the proposed bridge, there will be no discharge of dredged or fill material into waters of the United States associated with this project. b. Interference with Navigation or Right of Public to Riparian Access - As a requirement of the project specifications, there will be no interference with navigation or riparian access as a result of this project. The contractor will maintain watercraft access through Old Channel for the duration of construction activities. Plans will be submitted to the United States Coast Guard for review for verification. c. Permittee Compliance with RGP - As a requirement of the project specifications, the contractor upon written notice from the U.S. Army Corps of Engineers Wilmington District Engineer of failure to comply with the terms and conditions of this RGP, will within 60 days, without expense to the U.S. Government, and in such manner as the Wilmington District Engineer may direct, affect compliance with the terms and conditions or return the worksite to a pre-work condition d. Impact on Fish, Wildlife, and Natural Environment-As a requirement of the project specifications, the contractor will make every reasonable effort to minimize the impact on fish, wildlife, and the natural environment in conducting the work of the construction contract. e. Degradation of Water Quality - As a requirement of the project specifications, the contractor will conduct work of the construction contract in a manner to minimize any degradation of water quality. Construction activities will be conducted in such a manner as to prevent a significant increase in turbidity (25 NTU's (Natural Turbidity Units)) or less in all saltwater classes) outside the area of construction or construction related discharge. f. Corps of Engineers' Inspections - As a requirement of the project specifications, the contractor will permit the U.S. Army Corps of Engineers Wilmington District Engineer or his representative to make periodic inspections at any time deemed necessary in order to assure that the activity is performed or maintained in strict accordance with the Special and General Conditions of this permit. g. Non-Conveyance of Special Rights - The project specifications will state that "this RGP does not convey any rights, either in real estate or material, or any exclusive privileges; and it does not authorize any injury to property or invasion of rights or any infringement of Federal, State or local laws or regulations, nor does it obviate the requirement to obtain State or local assent required by law for the activity authorized herein. These may include, but are not necessarily limited to, a Dredge and/or Fill Permit (N.C.G.S. 113-229), a CAMA Permit (N.C.G.S. 113A-118), an Easement to Fill (N.C.G.S. 146-12) and a Water Quality Certification pursuant to Section 401 of the Clean Water Act." CONFIRMATION OF COMPLIANCE 11 Design-Build Replacement of NOAA/NOA Pivers Island Bridge h. Modification or Revocation of this RGP - It is understood by the applicant, and will be a part of the project specifications, that the authorization provided by this RGP may be modified, suspended or revoked in whole or in part if the U.S. Army Corps of Engineers Wilmington District Engineer, acting on behalf of the Secretary of the Army, determines that such an action would be in the best public interest. Unless subject to modification, suspension, or revocation, it is understood that the term of this RGP shall be five years. It is further understood that any modification, suspension, or revocation of this authorization will not be the basis for any claim for damages against the U.S. Government. i. Interference With Federal Projects - It is understood that this RGP does not authorize the interference with any existing or proposed Federal project and that permittee will not be entitled to compensation for damages or injury to the structures or work authorized herein which may be caused by or results from existing or future operations undertaken by the United States in the public interest. j. Adverse Affect on Human Environment - It is understood that this RGP will not be applicable to the proposed construction when the U.S. Army Corps of Engineers Wilmington District Engineer determines, after necessary investigations, that the proposed activity would significantly affect the quality of the human environment and determines that an Environmental Impact Statement must be prepared. The applicant does not anticipate that the District Engineer will take this position in light of the supporting data, including the Final Environmental Assessment and resulting FONSI, which are attached to this Confirmation of Compliance. k. Adverse Affect on Other Areas of Public Importance - It is understood that this RGP will not be applicable to the proposed construction when the Wilmington District Engineer determines after necessary investigations, that the proposed activity would adversely affect areas that possess historic, cultural, scenic, conservation, or recreational values. Application of this exemption applies to: historic, cultural or archaeological resources listed in or eligible for inclusion in the National Register of Historic Places; Critical habitat for threatened or endangered species; NOAA designated marine sanctuaries; 1. National Flood Insurance Program - This project will not result in any increase in the base flood elevation and therefore will not be subject to the National Flood Insurance Program. m. Appropriateness of RGP - It is understood that U.S. Army Corps of Engineers Wilmington District Engineer, at his discretion, may determine that this RGP will not be applicable to this specific construction proposal. In such case, it is understood that the procedure for processing an individual permit in accordance with 33 CFR 325 will be available. n. Successors to the Permittee - The project specifications will state that "the permittee or permittee's successors will maintain the authorized work in good condition and in conformance with the terms and conditions of the RGP." CONFIRMATION OF COMPLIANCE 12 Design-Build Replacement of NOAA/NOA Pivers Island Bridge o. Content of Dredged or Fill Material to be Discharged - The project specifications will state that "the discharge of dredged or fill material shall consist of suitable material free from toxic pollutants in toxic amounts." CONFIRMATION OF COMPLIANCE 13 I of UNrMO 13TAT00 DEPARTMENT OF COMMERCE= \,I# Natlonal Ooaanla and Atmospheric: Adminlotration PROGRAM PLANNING AND INTEGRATION / SI ver Spring. Maryland 20910 (* 4ris - 3 2004 FRE3 To All Interested Government Agencies and Public Groups: Under the National Environmental Policy Act, the National Oceanic and Atmospheric Administration (NOAA) has conducted an environmental review of the following action: TITLE: National Ocean Service (NOS) Center for Coastal Fisheries and Habitat Research (CCFHR) Expansion and Improvements LOCATION: Beaufort, North Carolina SUMMARY: Expansion and improvements to the CCFHR facility by the construction of a two-story 17,700 square foot main laboratory and administration building, emplacement of a small interpretive kiosk, replacement of an existing vehicle access bridge, and upgrades to existing turtle pens, sea water system, and boat ramp and docks RESPONSIBLE Richard W. Spinrad, Ph.D. OFFICIAL: Assistant Administrator National Ocean Service National Oceanic and Atmospheric Administation SSMC4, Room 13632 1305 East West Highway Silver Spring, MD 20910-3282 Phone: 301-713-3074 The environmental review process led us to conclude that this action will not have a significant impact on the environment. Therefore, an environmental impact statement was not prepared. A copy of the Finding of No Significant Impact, including the environmental assessment, is enclosed for your information. Please send one copy of any comments to the responsible official listed above and one copy to me at the NOAA Strategic Planning Office, PPI/SP, SSMC3 Rm 15603, 1315 East-West Highway, Silver Spring, Maryland 20910. rel Since Susan A. Keened Acting NEPA Coordinator Enclosures Printed on Recycled Paper -a7 UNITED 13TATEG DEPARTMENT OF COMMERCE •? ?+J{ National Oceanic and Atmospheric Administration ?•''+.no'?` NATIONAL OCEAN SERVICE Silver Spring, Maryland 20910 JAN 2 9 2404 MEMORANDUM FOR: Susan A. Kennedy Deputy Director Strategic Planning Office FROM: Richard W. Spinrad, Ph.D. Assistant Administrator e4 SUBJECT: Proposed Beaufort Laboratory Expansion NOS, Center for Coastal Fisheries and Habitat Research Pivers Island, North Carolina-DECISION MEMORANDUM An Environmental Assessment (EA) has been prepared for the proposed National Oceanic and Atmospheric Administration (NOAA) National Ocean Service (NOS) Center for Coastal Fisheries and Habitat Research located at NOAA's NOS complex at 101 Pivers Island Road in Beaufort, North Carolina. The EA conforms to regulations implementing the procedural provisions of the National Environmental Policy Act (NEPA) at 40 Code of Federal Regulations (CFR) Parts 1500-1508 issued by the Council on Environmental Quality, and with NOAA Administrative Order 216-6, Environmental Review Procedures for Implementing the National Environmental Policy Act. The Final EA, dated 22 August 2003, analyzes the potential for significant effects on the environment resulting from the proposed construction, including individual and cumulative effects. Based on a careful review of the information and findings contained in the Final EA, 1 find that implementation of the proposed action would not result in significant impacts on the environment. The following information supports this finding: The Final EA includes a comprehensive analysis of the potential for environmental effects and neither individual nor cumulative environmental impacts would be significant. Based on consultation with federal and state agencies, implementation of the proposed action will riot significantly affect species protected under either federal or state law. Based on consultation with the State Historic Preservation Office (SHPO), resources listed or eligible for listing on the National Register of Historic Places will not be adversely affected. Page 2 Based on careful review of Federal Emergency Management Agency (FEMA) and National Wetlands Inventory (NWI) maps, as confirmed by onsite analysis by appropriate scientists, no significant adverse effects will result to wetlands and water resources at the property in compliance with Executive Orders (EOs) 11988, Floodplain Management, and 11990, Protection of Wetlands. The National Ocean Service (NOS) will have funds available in Fiscal Year 2004 (FY-04) to initiate the proposed project. Based on the subject environmental assessment, Fhave determined that no significant environmental impacts will result from the proposed action. I request your concurrence of the attached Finding of No Significant Impact (FONSI) by signing below. Please return this memorandum for our files. v'7 Concur We Do Not Concur Date Attachment ENVIRONMENTAL ASSESSMENT SUMMARY & FINDING OF NO SIGNIFICANT IMPACT FOR THE PROPOSED National Oceanic and Atmospheric Administration National Ocean Service CENTER EXPANSION FOR COASTAL FISHERIES AND HABITAT RESEARCH 101 PIVERS ISLAND IN BEAUFORT, NORTH CAROLINA 1. PURPOSE AND NEED The NOS, within NOAA, provides habitat research, laboratory management and administration operations at the Beaufort Laboratory, located on Pivers Island in Beaufort, North Carolina. The proposed laboratory expansion project is part of the Beaufort Laboratory improvements, which will modernize the infrastructure and enhance the NOS's ability to support marine fisheries research. The proposed main laboratory and administration building will enable reclamation of laboratory space for scientific research in the NOS laboratory building that is currently being used as office space. The NOS library and administrative functions will. be relocated to the new building. Current North Carolina National Estuarine Research Reserve (NCNERR) spaces will also be relocated to the new facility and much needed space for public functions serving the missions of both organizations will be provided. NCNERR personnel are currently located in a non-contiguous location at the Duke University Marine Laboratory and are housed in inadequate, non-government facilities. Current overcrowded conditions require NOS research staff to usa functioning laboratory spaces as their office. This provides inadequate office facilities and is detrimental to controlled laboratory environments. Existing conference space is not adequate for current electronic training needs and conferencing systems. Current NCNERR office spaces are inadequate. Space for laboratory and training are currently not available nor are the spaces necessary to meet NCNERR public meeting requirements. The collocation of NOS and NCNERR will strengthen the partnership between the agencies through shared resources and collaboration. The NCNERR educational staff will help communicate NOS results, directives and missions to various public and management groups. It will enhance partnerships with researchers from academic institutions and other federal laboratories. Other portions of this proposed project are planned as part of the overall modernization of the Beaufort Laboratory operation. The site for the proposed emplacement of a small interpretive kiosk, which will be a small display area and not an occupied building, was chosen for its view of the Rachel Carson NCNERR, proximity to existing structures and based on future plans with regard to educational functions. This structure will provide both informational and educational displays regarding NOS and NCNERR programs. The current vehicle access bridge has served the island for over 35 years and proposed replacement will enable continued road access to the NOAA and Duke Laboratories for another 35 years or more. The proposed upgrade of the existing turtle pen complex, which will be a tidal research area, and connected free flowing, tidally influenced seawater supply system will facilitate tidal research in support of NOS programs. No pumping system will be used with the seawater supply system. The proposed upgrade of a boat ramp and docks will improve safety and extend the useful life of these assets, and provide permanent space for the NCNERR boats. Completion of this proposed project is critical tc Coastal Fisheries and Habitat Research (CCFHR), NOS's National Center for Coastal Ocean Science. scientific frontiers within its various specific ar laboratory complex will enable the CCFHR to research in the future. the continued support of NOAA's NOS Center for which is one of four national research facilities in the The Beaufort Laboratory has continually advanced the .as of endeavor, and as such, modernization of the ;ontinue providing the highest standard of scientific The NOAA has prepared this Final Environmental Assessment (EA) document in conformance with requirements for implementing the National Environmental Policy Act (NEPA) and NOAA Administrative Order 216-6, Environmental Review Procedures for Implementing the National Environmental Policy Act (1999). This EA analyzes project-related impacts and the potential for significant environmental impacts to occur to the human environment for the preferred action and the alternative of taking no action. The human environment is defined broadly as the natural and physical- environment, and the relationship of people within that environment. NOAA evaluated all feasible alternative locations on the Island, regarding the proposed facility locations, including the no action alternative. The project has not been a source of controversy on any matter and no negative comments were received from federal or state agencies or the public (the 30-day comment period ran from 20 June 2003 through 22 July 2003). NOAA prepared a Draft EA for review by interested members of the public and government agencies and accepted written comments on the content of the Draft EA during a 30-day comment period from 20 June 2003 to 22 July 2003. Agency and public comments were incorporated into the Preliminary Final EA, and all reviewer comments were incorporated in the Final EA. The Final EA includes all research, and comments obtained from agency queries and interviews. No negative comments were recorded. Based on the research and analysis conducted during this EA, it is concluded that implementation of the proposed action(s), would not result in significant individual or cumulative environmental effects and requires no further environmental analyses. A Finding of No Significant Impact is recommended. U. PROPOSED ACTION The scope of the proposed undertaking is to design and construct a two-story 17,700 square foot main laboratory and administration building with a footprint of approximately 10,000 square feet. A paved parking area associated with this building will cover an area of approximately 33,000 square feet. The area of land disturbance for this project is estimated to be approximately 55,000 square feet of previously disturbed land. The area to be occupied by the new main laboratory and administration building and paved parking area will be approximately 41,218 square feet. The remaining area, approximately 2,000 square feet will be landscaped. Approximately 800 square feet of this area will be located on what is the island's original boundary, while the remaining square footage will be emplaced on man-made land. Selection of a specific footprint for this facility was driven by the desire to optimize use of previously disturbed land, reduce impacts to the surrounding area, and increase security. The scope of work also calls for the emplacement of a small interpretive kiosk with a footprint of no more than 40-foot by 40-foot, which will be located about 30 feet landward of the mean high tide mark along the eastern shoreline of NOAA's property facing Beaufort Channel. This kiosk will be emplaced within the immediate vicinity of existing structures adjacent to NOAA's building complex. This is the only portion of NOAA's property, adjacent to the NCNERR boat docks, where the Rachel Carson NCNERR may be viewed. For educational purposes, being able to view the reserve is of utmost importance. Also included is replacement of an existing vehicle access bridge. The new bridge will be emplaced immediately to the west of the existing bridge and will be parallel to the existing bridge. This portion of the project will have similar footprint and features as the current structure, which was constructed in the mid-1960s, replacing the wooden bridge built in the early 1930s. This bridge spans the body of water known as Old Channel, which connects NOAA's property on the northern half of Pivers Island and the causeway to between Old Channel and State Route 1205, also known as Old US 70. The existing bridge will be dismantled upon completion of the replacement bridge. Included within the scope are smaller projects, which include upgrade of existing boat ramps and docks. A proposed component of these upgrades involve replacement of the retaining walls and piping system of the existing tulle pen complex to include the seawater supply system. This portion of the project will remain within the same footprint as the current structure that was emplaced in this area in the late 1920s. The.existing turtle pens are located on the northern shoreline of NOAA's property facing Old Channel. No seawater intake system is planned and no pumps will be utilized. The seawater supply will be free flowing and tidally influenced. As part of this proposed project, an upgrade of the northeastern, main dock will involve removal of two fixed, piling-type finger docks and installation of floating-type docks in their stead. This portion of the project will remain within the same footprint as the current structure that was first emplaced onsite in the late 1930s. This project area is located on the northwestern shoreline of NOAA's property, adjacent to the southern bridgehead, facing Old Channel. Included within the scope of the proposed project is an upgrade of the northeastern boat ramp and two docks, which includes widening and regarding the ramp and replacing the adjacent sea wall. The two fixed, piling-type docks will be replaced with floating-type docks. This portion of the project will remain within the same footprint as the current structure built in the 1970s. This project area is located on the northwestern shoreline of the NOAA's property, facing Old Channel. Careful consideration was given to upgrading and improving the existing boat ramp and docks. Minimal disturbance of the shoreline, tidal areas and submerged areas will occur as a result in these project areas. Analysis of project impacts at the site and its vicinity, to include cumulative impacts, indicated that no significant environmental effects would occur. 4 The schedule for the proposed new building project is to begin construction by February 2005 and complete construction by May 2006. The other items, which are currently unfunded, will begin following receipt of appropriated funds. The estimated completion date is May 2006. Development at this site meets applicable federal and state regulatory guidelines and local ordinance requirements for federally funded projects. Analysis of project impacts at the site and its.vicinity, to include cumulative impacts, indicated that no significant environmental effects would occur. III. IMPACT ANALYSIS Implementation of the proposed action has been designed to cause minimal physical change to the environment. During construction, all contractors and employees entering the proposed project area will be subject to applicable federal, state and. local regulations governing environmental safety and health statutes and codes. This proposed project is designed in order to minimize disturbance of previously undisturbed land; • The- entirety of the new laboratory and administration building will be constructed on previously disturbed land. The parking area will be emplaced upon man-made land (dredge material), which resulted from dredge and fill operations conducted in the early 1900s and the late 1960s. Entry into the parking area will be from the existing road, Pivers Island Road. • The new interpretive kiosk will be constructed on previously disturbed land. Access to this structure will be via an existing unimproved gravel lane. The new vehicle access bridge will be constructed adjacent to the existing bridge. The emplacement of the northern bridgehead will be within man-made land (dredge material), which resulted from dredge and fill operations conducted in the early 1900s and the late 1960s. The southern bridgehead will be emplaced on previously disturbed land. The bridge will span the Old Channel, which was previously disturbed during construction of the present bridge, built in the mid-1960s, which replaced the bridge that was constructed in the early 1930s. It appears that this area was also dredged in the early 1900s. This area has been disturbed three times in the in the past 100 years. The existing turtle pens, with sea water system, and boat tamp and docks will be upgraded; however, these will remain within the same footprint as the existing structures. Therefore, activities within these areas will occur on previously disturbed land. • Non-point source pollution will be controlled during construction by appropriate erosion and sedimentation controls. • Vegetative buffer zones will be established, via landscaping designed to be in keeping with the North Carolina Coastal Plain. The buffer zones are also designed to minimize sheet runoff from the subject site after the construction phase. • Natural areas on NOAA's property, such as the beach area located on the eastern portion of the island, the cedar grove in the center of the island, and the swath of land between Pivers Island Road and Bulkhead Channel, will be preserved. Pivers Island is not located within the vicinity of degraded or impaired air or watersheds, land areas, surface water bodies, geologic formations, or groundwater aquifers All site plans for the proposed project, to include the new main laboratory and administration building, new kiosk, new bridge, turtle pen and seawater supply system upgrades, and boat ramp and dock upgrades, must be reviewed by the NCDWQ for permitting. Based upon the Civil Design Engineer's consultation with the NCDWQ, the proposed project appears to qualify for the low-density option, as governed by state stormwater regulations, and, therefore, this project is not considered to pose an adverse affect to the environment with regard to non-ppint source pollution caused by stormwater runoff. Based on an onsite meeting with both the NCDWQ and NCDCM, this proposed project is not expected to cause detrimental effects to adjacent water bodies. Pivers Island is within the North Carolina's coastal zones, and as such falls under the enforceable polices of the program, which includes fisheries management, wetlands management, dunes management, non- point source pollution control, point source pollution control, shoreline sanitation, air pollution control; and coastal lands management. The new laboratory and administration building is consistent with NCDCM's requirements. NCDCM issued a federal consistency determination dated 2.1 August 2003. The wetlands delineation report, dated, 8 July 2003, confirmed the existence of wetlands to the northwest of the proposed northern bridgehead of the new vehicle access bridge. Based on this delineation, it appears that the bridge will not directly affect identified wetlands. This delineation also found possible wetlands within the confines of the existing turtle pens. Because this is a man-made structure that has been naturalized into a tidal wetland, the U.S. Army Corps of Engineers (COE) must make the final determination of the existence of wetlands at this portion of the site. The COE must review the above- mentioned delineation in order to determine the extent of jurisdictional wetlands within areas of the proposed project. The impact upon wetlands is expected to be low. However, based upon the COE's decision, wetlands permitting may be required. It is anticipated that any such permitting will be performed using Nationwide permits for minor impacts. The dominant source of flooding within the immediate area of the proposed project site is wind driven surge generated in the Atlantic Ocean by tropical storms and hurricanes. The finished floor elevation of the new building will be above the 100-year floodplain. Other considerations will be undertaken as per the U.S. Department of Commerce (DOC) Administrative Order DAO 216-11, Floodplain Management and Protection of Wetlands (1979). Design plans will be provided to both Carteret County and Town of Beaufort for review. The proposed project will not affect endangered and threatened terrestrial species, designated critical habitats, or other natural resources within the vicinity of the proposed project area. No endangered and threatened species or designated critical habitats are known to occur either at the site or within the vicinity of the proposed project area. However, sightings of the loggerhead sea turtle (Caretta caretta), the leatherback sea turtle (Dermocyls coriacea) and the green sea turtle (Chelonia mydas) have been reported within the estuary west of Radio Island and south of the Rachel Carson NCNERR. Lighting and acoustical effects of activities around the bridgeheads and boat ramps and docks are not to be materially altered and there will be no impacting changes resulting from this proposed project. According to NOAA's Protected Species Division, there are no designated critical habitats located within state waters. NOAA's Strategic Planning Office recommended further consultation concerning the Magnuson-Stevens Act of 1996. As a result of that consultation, the set of pilings nearest the shoreline will be retained and would enable retention of the original oyster population, which is sampled for trend analysis. The proposed project will not adversely impact endangered or threatened species, or designated critical habitats. The proposed project will not directly affect seagrass beds. Also, it is understood that based on the presence of intertidal shellfish (oyster) beds adjacent to the proposed vehicle access bridge, construction plans for the bridge replacement and demolition plans for the existing bridge require review and comment by the NCDMF. Based on review of appropriate databases, maps and land deeds, coupled with both federal and state agency review, and interviews it appears that the proposed project is not located in an officially designated wilderness or natural area preserve, wildlife preserve or wildlife refuge, national estuarine reserve or coastal reserve, aquiculture protection area or agricultural reserve area, national seashore or wild and scenic river, national or state natural landmark, significant landscape, natural areas or open spaces, or other conservation areas. As such, no further investigation regarding the above-mentioned natural resources is warranted at this time. The proposed project will not adversely affect the historic or cultural resources, either on land or under water. The proposed project is not located in an officially designated national or state historic landscape, battlefield, or other historic or cultural resource. Review of regulatory databases.did not indicate adverse environmental conditions at the subject site or its immediate vicinity. IV. ALTERNATIVES CONSIDERED NOAA's assessment of the proposed project is consistent with guidance provided by the Council on Environmental Quality (CEQ), Considering Cumulative Effects (1997). This assessment considered alternative actions for the proposed project, which are described below. NOAA analyzed five alternatives regarding the new main laboratory and administration building. The complete expansion, plus the outlying project components were analyzed individually and then from the overall cumulative perspective. 7 The first option would have emplaced the building to the west of the existing parking area and over 96 feet to the southwest of the existing laboratory building. This option was rejected because: 1) the structure would have been placed in a low-lying area of the island and well within the 100-year floodplain; 2) the structure would have been placed within a few feet of the existing utility easement, which would limit future utility upgrades; 3) the structure would not have been contiguous with the existing laboratory structure, which would have caused loss of the desired proximity to other operational areas and loss of the increased safety and security provided by the proximity factor, aand -4) the structure would have been out of harmony with the layout of the complex. The second option would have emplaced the building to the north of the existing parking area and approximately 14 feet to the west of the existing laboratory building. This option was rejected because: 1) approximately one-half of the structure would have extended into the 100-year floodplain; 2) the structure would have been placed within a few feet of the existing utility easement; and 3) the structure would have been out of harmony with the layout of the complex. The third option would have emplaced the building to the south of the existing parking area and over 208 feet to the south of the existing laboratory building. This option was rejected because: 1) the structure would have been placed in a low-lying area of the island and well within the 100-year floodplain; 2) the structure would not have been contiguous with the existing laboratory structure, which would have caused loss of the desired proximity to other operational areas and loss of the increased safety and security provided by the proximity factor; and 3) the structure would have been out of harmony with the layout of the complex. The fourth option would have emplaced the building to the south of the existing parking area and over 336 feet to the south of the existing laboratory building. This option was rejected because: 1) the structure would have been placed in a low-lying area of the island and well within the 100-year floodplain; 2) the structure would have been placed within a few feet of the existing utility easement, which would limit future utility upgrades; 3) the structure would not have been contiguous with the existing laboratory structure, which would have caused loss of the desired proximity to other operational areas and loss of the increased safety and security provided by the proximity factor; and 4) the structure would have been out of harmony with the layout of the complex. The fifth option would have emplaced the building within the footprint of the existing parking area and approximately 44 feet to the southwest of the existing laboratory building. This option was rejected because: 1) the structure would not have been contiguous with the existing laboratory structure, which would have caused loss of the desired proximity to other operational areas and loss of the increased safety and security provided by the proximity factor; and 2) the structure would have been out of harmony with the layout of the complex. The alternative action for replacing the vehicle access bridge would be to repair the existing bridge. In order to repair the bridge, the deck would need to be removed and the girders and abutments would need to be replaced. During this period of repair, there would be no vehicle access to either the NOAA laboratory or the Duke Marine Laboratory for several months, unless a temporary bridge is also installed. A temporary bridge would require a significant structure in the water for lateral bracing due to the strong currents in the Old Channel. The bridge girders have already been repaired and reinforced in 1995; however, due to the severe effects of the marine environment, the structure is again experiencing major problems resulting from corrosion. The life of a repaired bridge would also be limited by the life of the existing concrete piles, some of which are already experiencing longitudinal cracks. The existing bridge is 40 years old. Bridge repair would hinder NOAA's ability to fulfill its purpose and missions during the period of repair, and would result in a structure that would again need to be replaced when the existing cracked piles begin to fail. The alternative action considered during the course of this investigation was to emplace the vehicle access bridge immediately to the east of the existing bridge, where the circa 1934 wood trestle bridge once stood. However, this is not an option because the area is now part of a utility easement. No other alternative actions are available for the emplacement of the vehicle access bridge. No alternative action options were available for the small interpretive kiosk, or upgrade of the existing turtle pens (tidal research area) and boat ramps and docks. The alternative action considered during the course of this investigation is to incorporate the required NCNERR boat slips slated for the eastern dock facility into the upgrade of the northeastern dock facility. This option is under review by NOAA. In addition -to the preferred action and alternative actions, NOAA considered the alternative actions of taking no action, which would be.not to proceed with any repairs or construction of the new main laboratory and administration building, emplacement of the small interpretive kiosk, replacement of the existing vehicle access bridge, or upgrade of the existing the turtle pens (tidal research area) and boat ramp and docks. The no-action alternative would hinder NOAA's ability to fulfill its purpose with regard to federal acts regarding coastal zones, estuaries, fisheries, protected species, etc. Therefore, NOAA rejected the no-action alternative. V. CONCLUSION Review of all available information indicates that the proposed action at the site location considered above will have no significant impact on the quality of the human environment. "A.l0- Date cHard W. Spinrad, . Assistant Administrator National Ocean Service Z?K 'E O a z _U 1 as a t? a ?c 3. 0 ?a a Z O U O c U . , w u O o a a $ m ,z 0 C9J c ?- ? Ni W: H 2: i1 441 O 0 o o o O O J Cif 20 E LL. > CD Ca G Z Q U O f a F- O Y m O I QQ m ? Q W W C7 W h? w U W N QZ W U O J Z O z z ' J O W ~ U cn ~ U O w z c°n m U O LLi Z m ? -0 Ny U ° O O ¢ :;? U7 ? Z (!) m O w w u? z a LL' A /. ??'a !o) s s• .1••8.x/ N Ek1 e` 1Y ro ?B 4 . SS . ((yy b•9 NNBY ? ? 9 q b/y6f•L•y? •B/. 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