EXAMPLE 3. ABBREVIATED CONSULTATION

Connecticut DOT U.S. Route 1 Bridge

Patchogue River, Westbrook, Connecticut

EFH Assessment

I.Project Description: The project is an on-line replacement/rehabilitation of the existing U.S. Route 1 bridge over the Patchogue River in Westbrook, Connecticut. Reconstruction on existing alignment is the least environmentally damaging practicable alternative. The minor widening, which entails encroachment into tidal wetlands adjacent to the existing approach road, is necessary to transition to the wider bridge. The minor widening is necessary to accommodate the requirements of current design standards in accordance with AASHTO.

The existing bridge is a clear span structure. The rehabilitation project involves replacement of the superstructure with a clear span and rehabilitation construction, at and above the water line, of the substructure elements to accommodate the new superstructure and widened road approaches. A temporary bridge will be constructed to the south of the existing bridge to carry Route 1 traffic during construction of the replacement structure. The approach roads to either side of the bridge will also be reconstructed/widened in association with the bridge rehabilitation project. Reconstruction of the approach roads will entail permanent fill and encroachment into an area of approximately 450 SF of tidal wetlands at the NE quadrant to accommodate the reconstructed road and associated road slope.

Construction activities associated with rehabilitation of the abutments and reconstruction of the approach roads include excavation, filling, grading, and concrete work, and de-watering operations for the rehabilitation of the existing abutments. Associated work in the waterway involves the removal of existing dock and shoreline structures located along the east and west shorelines to accommodate the replacement and temporary bridges. Impacts from the project construction activities are expected to be short-term and localized. All work that will occur below high tide line of the river will be confined in sheet pile cofferdams and/or within the limits of installed and maintained erosion and sedimentation controls.

II.Analysis of Effect To EFH: Work directly affecting areas in the waterway include the use of moored moveable construction barges in the waterway, the construction of two (2) pile bents in the waterway to support the temporary bridge, and the driving of sheet pile at the shoreline immediately adjacent to the existing bridge abutments to facilitate rehabilitation of the existing abutments to accommodate the new bridge superstructure. The pile bents that support the temporary bridge and the construction barges will be located below mean high water of the river. The pile bents are temporary and will be removed in its entirety after completion of the replacement project. Except for where the sheet pile will tie in at the corners of the waterward face of the existing abutments, the sheet pile will be driven near the shoreline approximately at or above mean high water elevation. The sheet pile cofferdams to be driven adjacent to the existing abutments will be below high tide elevation and above mean high water line of the river. The actual pile driving (sheet pile and pile bent members) will be localized and of short duration.

The Patchogue River is an estuarine system that flows directly into Long Island Sound at Westbrook, Connecticut on the central Connecticut coastline. The Patchogue River project area is designated EFH for 10 species of fish per NMFS EFH Source Document dated August, 1998. Coordination with NMFS revealed that the following fish species lifestages have the potential to be adversely impacted by the proposed activity: Winter Flounder (larvae and juveniles), Windowpane Flounder (juveniles), Red Hake (larvae) and Scup (larvae, juveniles).

Red hake larvae are most often observed from May through December, with peaks in September-October. Windowpane flounder larvae are often observed from February to November with peaks in May and October in the middle Atlantic. Winter flounder larvae are observed from March through June. Winter flounder juveniles are often found from June through November. In general, scup larvae are most abundant near shore from May through September. Juvenile scup are found in spring and summer in estuaries and bays between Virginia and Massachusetts. Most of these species are found in association with various sands, mud, mussel and eelgrass bed type substrates. Key species lifestages are likely to be present from February through October.

Boring data collected from within the Patchogue River indicates that the substrate in the project area of the bridge consists predominantly of silt, with lesser amounts of coarse and fine sand, shell fragments, clay, and organic matter. Previous studies conducted immediately downstream of the proposed project site indicate that the substrate in this portion of the river consists of silt (approximately 60%), with significant amounts of clay, (approx. 22-25%) and sand (approx. 14-18%). The substrate adjacent to the existing bridge abutments consist of several sizes of riprap mixed with cobbles and sand. Juvenile stages of windowpane flounder, scup and winter flounder and larval stages of windowpane flounder are generally not present in abundance in such substrate. Larvae of red hake, scup and winter flounder are likely to be concentrated in the mid to upper water column.

III.Proposed Mitigation: NMFS recommended a time of year restriction to protect fisheries resources known to inhabit the project area and to protect designated EFH areas that support critical life stages for these species.

The permit includes special conditions for the implementation and maintenance of BMPs during construction and for a time of year restriction on work occurring in the river. The contractor will also be required to implement BMP measures in accordance with the CTDOTs contract specifications and provisions before any start of construction activity in the affected waterway.

No unconfined work will be allowed to occur in the river during the period from March 1^st through September 30th wherein larvae and juvenile life stages of the subject species are likely to be in high concentrations. Work in the river will be allowed to occur only during the months from October through February when high concentrations of larvae and juvenile life stages are not expected to be abundant in the project area.

The applicant will regrade an approximately 2520 square feet area of degraded habitat to mitigate for the permanent loss of 450 square feet of emergent wetland habitat associated with the approach roads. The degraded area identified, located within the limits of abandoned road bed (former Route 1 road bed) north of the existing alignment, will be regraded to a gentle slope at a benchmark elevation which currently supports emergent wetland vegetation (Spartina alterniflora) in this reach of the Patchogue River.

IV.Federal Action Agency Determination: Based on the scope and nature of impacts expected from the project and the mitigation measures identified above, the Corps has determined that there will be no substantial adverse individual or cumulative effects on EFH in the project area.

The following special conditions will be included in the permit to ensure that habitat designated as EFH in the Patchogue River is protected.

MITIGATION MEASURES AND BEST MANAGEMENT CONDITIONS

(1) No work shall occur in the waterway during the period from March 1 through September 30 of any construction year.

(2) Adequate sedimentation and erosion control devices, such as geotextile silt fences or other devices capable of filtering the fines involved, shall be installed and properly maintained to minimize adverse impacts on waters and wetlands during construction. These devices must be removed upon completion of work and stabilization of disturbed areas. The sediment collected by these devices must also be removed and placed upland, in a manner that will prevent its later erosion and transport to a waterway or wetland.

3) No temporary fill (e.g., access roads, cofferdams) may be placed in waters or wetlands unless specifically authorized by this permit.

(4) The permittee shall prepare a compensation plan for the loss of 450 square feet of emergent wetlands resulting from project construction. The compensation plan shall be submitted to the Division Engineer for approval within 90 days of the date of issuance of this permit. The compensation plan shall provide, at a minimum:

Replacement of at least 450 square feet of emergent wetland habitat

Presentation of a schedule of activities leading to completion of the wetland restoration

Identification, on a scaled drawing, of the location of the proposed wetland restoration site which includes existing site conditions, the elevations of the proposed wetlands, and the relationship between the surface or proposed tidal wetland habitat and mean high and mean low water at the project area.

(5) No equipment shall traverse or be placed and/or stored on the marsh vegetation. Any equipment that must traverse vegetated wetlands for the restoration portion of the project shall be supported by mats or low ground pressure equipment.

(6) The authorized work shall be performed in a manner that precludes the erosion or slumping of the adjacent marsh vegetation.

(7) The permittee shall submit a one-foot interval contour survey map of the compensation site upon completion of regrading activities.