HomeMy WebLinkAbout19930657 Ver 1_Complete File_19930823DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO August 20, 1993
Regulatory Branch
Action ID No. 199303652 and Nationwide Permit No. 23 (Approved Categorical
Exclusions)
North Carolina Department
of Transportation
Division of Highways
Attn: Mr. L. J. Ward, P.E.
Post Office Box 25201
Raleigh, North Carolina 27611-5201
Dear Mr. Ward:
Reference your letter dated July 23, 1993, for Department of the Army (DA)
authorization to replace Bridge No. 149, on S.R. 2155 over Bear Creek, State
Project Number 8.2520601, west of Pittsboro, Chatham County, North Carolina.
For the purposes of the Corps of Engineers' Regulatory Program, Title 33,
Code of Federal Regulations (CFR), Part 330.6, published in the Federal
Register on November 22, 1991, lists nationwide permits. Authorization,
pursuant to Section 10 of the Rivers and Harbors Act of 1899 and Section 404
of the Clean Water Act, was provided for activities undertaken, assisted,
authorized, regulated, funded or financed, in whole or in part, by another
Federal agency or department where that agency or department has determined,
pursuant to the CEQ Regulation for the Implementing the Procedural Provisions
of the National Environmental Policy Act, that the activity, work or discharge
is categorically excluded from environmental documentation because it is
included within a category of actions which neither individually nor
cumulatively have a significant effect on the human environment, and the
Office of the Chief of Engineers has been furnished notice of the agency's or
department's application for the categorical exclusion and concurs with that
determination.
Your proposed replacement of the bridge work is authorized by this
nationwide permit provided it is accomplished in strict accordance with the
enclosed conditions and provided you receive a Section 401 water quality
certification from the North Carolina Division of Environmental Management
(NCDEM). You should contact Mr. John Dorney, telephone (919) 733-1786,
regarding water quality certification. This nationwide permit does not
relieve you of the responsibility to obtain other required State or local
approval.
This verification will be valid for 2 years from the date of this letter
unless the nationwide authorization is modified, reissued, or revoked. Also,
this verification will remain valid for the 2 years if, during that period,
the nationwide permit authorization is reissued without modification or the
activity complies with any subsequent modification of the nationwide permit
.0 Y -1
-2-
authorization. If during the 2 years, the nationwide permit authorization
expires or is suspended or revoked, or is modified, such that the activity
would no longer comply with the terms and conditions of the nationwide permit,
activities which have commenced (i.e., are under construction) or are under
contract to commence in reliance upon the nationwide permit will remain
authorized provided the activity is completed within 12 months of the date of
the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case-by-case basis to modify,
suspend, or revoke the authorization.
Questions or comments may be addressed to Ms. Jean Benton, Raleigh Field
Office, Regulatory Branch, telephone (919) 876-8441, Extension 24.
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
Copy Furnished (without enclosure):
John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
N b w???A
1
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT, JR DIVISION OF HIGHWAYS
GOVERNOR P.O. BOX 25201, RALEIGH, N.C. 27611-5201
iU1v ?3. 1993
District Engineer
U.S. Army Corps of Engineers
P . v. Boni 1890
Wilmington, North Carolina 25403
T mm n n }
r-,1 . ENT I?N : na'L'.?? ?Gr V Branch
D=ar Sir:
LI LJ y - ?? 19Q3
WETLANDS GROUF,_..
WATFR OUALITY SEC lz'3i
R. SAMUEL HUNT III
SECRETARY
Subject: Chatham County - Replacement of Bridge No. 14 on
SR 2155 over Beal. State PLojecz N uuu:.e1
8.2`5206,-)1; T.I.P. Nc. E,-2015
Attached for your informnation is a copy of the project
planning re=sort for the subject project. The Project is
being processed by the Federal Highway Administration as a
"Categorical LXclusion" in accordance with 23 CFP. 771.115(b).
Therefore; we do not anticipate --e-Guesting an Individual
Permit but propose to proceed under a Nationwide Permit in
accordance with 33 ..FR 330 Appendix A (B-23) issued November
Cops of Engineers. 7Ihe Provisions of
22 , 1991 , by the
ec tir.n ._;3C') . 4 aild rppend?__ 'r. ) cf t lese Iegul.? -Lo.zice W I li ?.e
followed in the construction of the project.
We anticipate that 401 General C
(Categorical E- clusion) will apply to
pro'.'iding one copy of the CE do---C. rtent
Department of Environment, Heap l and
Division of Environmental iianagement,
ertification No. 2745
this "project, an-3 are
to the North Carolina
Natural Resources;
for their review.
`..I
If you have an questions or need additional
information, please call Cyndi Bell at (919) 7-3-3-9770.
Sincerely/,/,
B. J. O'Ouinn, P.E.
Assistant Manager,
Flanninc and Environmental Branch
BJO/Clh
Attachment
CC . CCCE Raleicrh Field office
John Dornev DEHNR. DEM
John Parker, DEH TR, LC%fJ PerT,. Coordinator
Kelly Barger; P . E . , Program Development- Branc.:
Don Morton, P.E., Highway Design
:_.L. Hankins =.E. Hydraulics
Join L. Smit?_, Jr., ?.E., Structure Des-Jan
Tom Shear-n, P.E., Roadway Design
L.E. Stegall, P.E., Division. 5 Engineer
Wayne Fedora, Planning & Environmental
Davis Moore, Planning u Environmental
Date: 1/93
CATEGORICAL EXCLUSION ACTION CLASSIFICATION FORM
TIP Project No. B-2015
State Project No. 8..2520601
Federal-Aid Project No. BRZ-2155(1)
A. Project Description: THE PROJECT IS LOCATED ON SR 2155
OVER BEAR CREEK IN CHATHAM COUNTY. BRIDGE NO. 149 WILL
BE REPLACED IN THE EXISTING LOCATION WITH A BRIDGE
APPROXIMATELY 170 FEET LONG WITH A 28-FOOT TRAVELWAY.
TRAFFIC WILL BE MAINTAINED BY DETOURING TO EXISTING
ROADS.
NOTE: Refer to Section D, "Special Project Information,
for list of ENVIRONMENTAL COMMITMENTS.
B. Purpose and Need: BRIDGE NO. 149 HAS A SUFFICIENCY
RATING OF 45.8/100.0. POSTED LOAD LIMITS ARE 13 TONS FOR
SINGLE VEHICLES AND 18 TONS FOR TTST. BECAUSE OF THESE
FACTORS BRIDGE NO. 149 NEEDS TO BE REPLACED.
C. Proposed Improvements:
Circle one or more of the following improvements which
apply to the project:
Type I Improvements
1. Non-construction activities (program activities)
2. Approval of utility installations along or across a
transportation facility
3. Construction of bicycle and pedestrian lanes,
paths, and facilities
4. Activities included in the State's "highway safety
plan" under 23 USC 402 (programs administered by
the Division of Motor Vehicles)
5. Transfer of Federal lands pursuant to 23 USC 317
when the subsequent action is not an FHWA action
6. The installation of noise barriers or alterations
to existing publicly owned buildings to provide for
noise reduction
7. Landscaping
8. Installation of fencing, signs, pavement markings,
small passenger shelters, traffic signals, and
railroad warning devices
9. Emergency repairs under 23 USC 125 (Governor
Declared Emergency)
10. Acquisition of scenic easements
11. Determination of payback under 23 CFR Part 480 for
property previously acquired with Federal-aid
participation
12. Improvements to existing rest areas and truck weigh
stations
13. Ridesharing activities
14. Bus and rail car rehabilitation
Date: 1/93
15. Alterations to facilities or vehicles in order to
make them accessible for elderly and handicapped
persons
16. Program administration, technical assistance
activities, and operating assistance to transit
authorities to continue existing service or
increase service to meet changes in routine demand
17. The purchase of vehicles by the applicant where the
use of these vehicles can be accommodated by
existing facilities or by new facilities which
themselves are within a CE
18. Track and railbed maintenance and improvements when
carried out within the existing right of way
19. Purchase and installation of operating or
maintenance equipment to be located within the
transit facility and with no significant impacts
off the site
20. Promulgation of rules, regulations, and directives.
Type II Improvements
1. Modernization of a highway by resurfacing,
restoration, rehabilitation, reconstruction, adding
shoulders, or adding auxiliary lanes (e.g.,
parking, weaving, turning, climbing).
a. Restoring, Resurfacing, Rehabilitating, and
Reconstructing pavement (3R and 4R
improvements)
b. Widening roadway and shoulders without adding
through lanes
c. Modernizing gore treatments
d. Constructing lane improvements (merge,
auxiliary, and turn lanes)
e. Adding shoulder drains
f. Replacing and rehabilitating culverts, inlets,
and drainage pipes, including safety
treatments
g. Providing driveway pipes
h. Performing minor bridge widening (less than
one through lane)
2. Highway safety or traffic operations improvement
projects including the installation of ramp
metering control devices and lighting.
a. Installing ramp metering devices
b. Installing lights
c. Adding or upgrading guardrail
d. Installing safety barriers including Jersey
type barriers and pier protection
e. Installing or replacing impact attenuators
f. Upgrading medians including adding or
2
Date: 1/93
upgrading median barriers
g. Improving intersections including relocation
and/or realignment
h. Making minor roadway realignment
i. Channelizing traffic
J. Performing clear zone safety improvements
including removing hazards and flattening
slopes
k. Implementing traffic aid systems, signals, and
motorist aid
1. Installing bridge safety hardware including
bridge rail retrofit
3?. Bridge rehabilitation, reconstruction, or
replacement or the construction of grade separation
to replace existing at-grade railroad crossings.
a. Rehabilitating, reconstructing, or replacing
bridge approach slabs
b. Rehabilitating or replacing bridge decks
c. Rehabilitating bridges including painting (no
red lead paint), scour repair, fender systems,
and minor structural improvements
O Replacing a bridge (structure and/or fill)
4. Transportation corridor fringe parking facilities.
5. Construction of new truck weigh stations or rest
areas.
6. Approvals for disposal of excess right-of-way or
for joint or limited use of right-of-way, where the
proposed use does not have significant adverse
impacts.
7. Approvals for changes in access control.
8. Construction of new bus storage and maintenance
facilities in areas used predominantly for
industrial or transportation purposes where such
construction is not inconsistent with existing
zoning and located on or near a street with
adequate capacity to handle anticipated bus and
support vehicle traffic.
9. Rehabilitation or reconstruction of existing rail
and bus buildings and ancillary facilities where
only minor amounts of additional land are required
and there is not a substantial increase in the
number of users.
10. Construction of bus transfer facilities (an open
area consisting of passenger shelters, boarding
areas, kiosks and related street improvements) when
f
Date: 1/93
located in a commercial area or other high activity
center in which there is adequate street capacity
for projected bus traffic.
11. Construction of rail storage and maintenance
facilities in areas used predominantly for
industrial or transportation purposes where such
construction is not inconsistent with existing
zoning and where there is no significant noise
impact on the surrounding community.
12. Acquisition of land for hardship or protective
purposes, advance land acquisition loans under
section 3(b) of the UMT Act. Hardship and
protective buying will be permitted only for a
particular parcel or a limited number of parcels.
These types of land acquisition qualify for a CE
only where the acquisition will not limit the
evaluation of alternatives, including shifts in
alignment for planned construction projects, which
may be required in the NEPA process. No project
development on such land may proceed until the NE=A
process has been completed.
D. Special Project Information:
ENVIRONMENTAL COMMITMENTS:
1. THE BRIDGE WILL SPAN THE ENTIRE STREAM
2. THE PILE BASE ON THE NORTHERN STREAM BANK WILL BE
LEFT IN PLACE, AND THE TIMBER PILES WILL BE CUT TO
THE TOP OF THE BASE. A STONE EMBANKMENT WILL BE
PLACED ON THE NORTH SIDE OF THIS BASE. A SILT
FENCE WILL BE USED DURING CONSTRUCTION OF THIS PILE
BASE.
3. THE CENTER PILES AND PILE BASE WILL BE CUT DOWN TO
NORMAL WATER LEVEL. A SILT CURTAIN WILL BE PLACED
AROUND THE PILE BASE DURING CUTTING.
4. STONE WILL BE PLACED ON THE SOUTHERN EMBANKMENT.
5. THE PILE BASE ON THE SOUTHERN STREAMBANK WILL BE
CUT TO SURFACE LEVEL.
5. G.' ENi1NG OF THE :.JAS'' AY t'. .PP -'ACHES WILL BE DONE
WIT 1 STONE.
7. EQUIPMENT WILL W^")RK OFF THE EXISTING BRIDGE AND
ROADWAY.
Date: 1/93
8. A MEETING WILL BE HELD PRIOR TO THE ROADWAY PLANS
INSPECTION. AT THAT TIME, THE U.S. FISH AND
WILDLIFE SERVICE, N.C. WILDLIFE RESOURCES
COMMISSION, AND NCDOT WILL BE GIVEN AN OPPORTUNITY
TO REVIEW THE PLANS AND COMMENT.
ESTIMATED COST:
CONSTRUCTION - $ 415,000
RIGHT OF WAY - $ 25,000
ESTIMATED TRAFFIC:
1995 - 700 VPD
2015 - 1,100 VPD
TTST - 1% DUAL - 2%
PROPOSED TYPICAL SECTION:
22-FOOT PAVED TRAVELWAY PLUS 6-FOOT GRADED
SHOULDERS.
DESIGN SPEED:
Approximately 50 MPH
`IVIION COMMENTS:
PROJECT AS PLANNED WITH OFF-SITE DETOUR IS
SATISFACTORY.
Date: 1/93
E. Threshold Criteria
If any Type II actions are involved in the project, the
following evaluation must be completed. If the project
consists only of Type I improvements, the following checklist
does not need to be.completed.
YES ?IS2
(1)
(2)
Will the project have a substantial impact ? X
on any unique or important natural resource.
Does the project involve habitat where
federally listed endangered or threatened
species may occur?
(3) Will the project affect anadromous fish?
( _f the project involves wetlands, is the
D
0 X
amount of permanent and/or temporary
wetland taking less than one-third N/A
(1/3) of an acre AND have all practicable
measures to avoid and minimize wetland
takings been evaluated?
(5) Will the project require the use of ? X
U. S. Forest Service lands?
(6) Will the quality of adjacent water
resources be adversely impacted by D X
proposed construction activities?
(?) Does the project involve waters classified
as Outstanding Water Resources (OWR) and/or x
High Quality Waters (HQW)?
(8> Will the project require fill in waters of
.he United States in any of the designated I I X
-:ountain trout counties? L?
(9) Does the project involve any known
underground storage tanks (UST's) or a x
hazardous materials sites?
PERMITS AND COORDINATION
(10) If the project is located within a CAMA
county, will the project significantly
affect the coastal zone and/or any "Area
of Environmental Concern" (AEC)?
(11) Does the project involve Coastal Barrier
Resources Act resources?
Date: 1/93
YF SQ
? N/A
F-1 X
(12) Will a U. S. Coast Guard permit be F-1 X
required?
(13) Will the project result in the modification ? X
of any existing regulatory floodway?
(14) Will the project require any stream ? X
relocations or channel changes?
SOCIAL AO ECONOMIC
(15) Will the project induce substantial impacts F-1 X
to planned growth or land use for the area?
(16) Will the project require the relocation of D X
any family or business?
(17) If the project involves the acquisition of
right of way, is the amount of right of way
acquisition considered minor?
(18) Will the project involve any changes in
access control?
(19) Will the project substantially alter the
usefulness and/or lard use c_ adjacent
proper--y?
(20) Will the project have an adverse effect on
permanent local traffic patterns or
community cohesiveness?
X F-1
F-1 X
7 X
1-1 X
17
•
Date: 1/93
(21) Is the project included in an approved
thoroughfare plan and/or Transportation X
F
Improvement Program (and is, therefore, in
conformance with the Clean Air Act of
1990)?
(22) Is the project anticipated to cause an ? X
increase traffic volumes?
(23) Will traffic be maintained during
construction using existing roads, staged X
F
construction, or on-site detours?
(24) Is there substantial controversy on social,
economic, or environmental grounds ? X
concerning the project?
(25) Is the project consistent with all Federal,
State, and local laws relating to the X
environmental aspects of the action? 71
(26) Will the project have an "effect" on
properties eligible for or listed on the X
National Register of Historic Places? F I
(27) Will the project require the use of
Section 4(f) resources (public parks,
recreation lands, wildlife and waterfowl ? X
refuges, historic sites, or historic
bridges, as defined in Section 4(f) of the
U. S. Department of Transportation Act of
1966)?
(28) Will the project involve construction in,
across, or adjacent to a river designated u X
as a component- of or proposed for inclusion
in the Natural System of Wild and Scenic
Rivers?
k
Date: 1/93
F. Additional Documentation RReguired JQZ Unfavorable
Responses in Part E
(Discussion regarding all unfavorable responses in Part E
should be provided below. Additional supporting
documentation may be attached, as necessary.)
SUITABLE HABITAT FOR THE FEDERALLY ENDANGERED CAPE FEAR
SHINER EXISTS IN THE PROJECT AREA. THE PROJECT AREA IS
APPROXIMATELY 1.5 RIVER MILES UPSTREAM OF CRITICAL
HABITAT IN THE LAST FEW HUNDRED METERS OF BEAR CREEK,
NEAR THE ROCKY RIVER. SURVEYS CONDUCTED IN 1984
COLLECTED SPECIMENS OF THE CAPE FEAR SHINER IN THIS
CRITICAL HABITAT AREA. BECAUSE OF THE SUITABLE HABITAT
IN THE PROJECT AREA AND THE PROXIMITY TO CRITICAL
HABITAT, THE SPECIES IS ASSUMED TO BE PRESENT IN THE
PROJECT AREA AND CONSULTATION WITH THE U.S. FISH AND
WILDLIFE SERVICE (USFWS) WAS COMPLETED. THE CONSULTATION
RESULTED IN ENIRONMENTAL COMMITMENTS TO PROTECT THE
SPECIES, AND THE USFWS CONCURRED WITH THESE COMMITMENTS
(USFWS CONCURRENCE ATTACHED).
Date: 1/93
G. M Approval
TIP Project No. B-2015
State Project No. 8-2520601
Federal-Aid Project No. BRZ-2155(1)
Project Description: THE. PROJECT IS LOCATED ON SR 2155
OVER REAR CREEK IN CHATHAM COUNTY. BRIDGE N0. 149 WILL
RE REPLACED IN THE EXISTING LOCATION WITH A BRIDGE
APPROXIMATELY 170 FEET LONG WITH A 28-FOOT TRAVELWAY.
TRAFFIC WILL BE MAINTAINED BY DETOURING TO EXISTING
ROADS
NOTE: Refer to Section D, "Special Project Information,
for list of ENVIRONMENTAL COMMITMENTS.
Categorical Exclusion Action Classification: (Check one)
TYPE I
TYPE II(A)
x_ TYPE II(B)
S /l -93
Date Manager
Planning & Environmental Branch
?6'- 7- 93 WaV,, e- Z-7/,'07y-
Date Project Planning Unit Head
(9-2 W, ?2sQoc"
Date Project Planning Engineer
For Type II(B) projects only:
Date ,r?,g Divi on Administrator
Federal Highway Administration
21 37 N -n'-- NORTH CAROLINA DFPARTNIENT Of
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STUDIED DETOUR ROUTE
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TR.i\SPORTATION
DIVISION OF HIGHWAYS
PI.?\?ING AND ENVIRONMENTAL
BPANCH
BRIDGE NO. 149
CHATHAM COUNTY
I B-2015
mile 1
sir .
1*
United States Department of the Interior
IM =a== M MNMMMM?
FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726 M i
TO : Wo-y n -p- Ft-cf o c a. /T 'm S Av 'Ar-
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DISTANT REPLY
Please excuse this form. We thought you would prefer a speedy reply to a
formal letter. This form serves to provide U.S. Fish and Wildlife Service
recommendations pursuant to Section 7 of the Endangered Species Act, as
amended (16-U.S.C. 1531-1543).
Re: 8 R;dao.*149 s'RA155 ov
Proj t Name
Date of Inc wing Letter
Based on our records, there are no Federally-listed endangered or
threatened species which may occur within the project impact area.
The attached page(s) list(s) the Federally-listed species which
may occur within the project impact area.
If the proposed project will be removing pines greater than or equal
to 30 years of age in pine or pine/hardwood habitat, surveys should
be conducted for active red-cockaded woodpecker cavity trees in
appropriate habitat within a 1/2 mile radius of project boundaries.
If red-cockaded woodpeckers are observed within the project area or
active cavity trees found, the project has the potential to adversely
affect the red-cockaded woodpecker, and you should contact this
office for further information.
Concur - Is not likely to adversely affect Federally-listed
endangered or threateded species.
Staffing limitations prevent us from conducting a field inspection
of the project site. Therefore, we are unable to provide you
with site specific recommendations at this time.
(questions regarding this form letter may be directed to the biologist who is
handlir, this project.
Biologist Bate
CCNCTJTZ:
Supervisor Date