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HomeMy WebLinkAbout20001495 Ver 1_Complete File_20001128 ? oaA SfAi£°? aS? s STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. P.O. BOX 25201, RALEIGH. N.C. 27611-5201 GOVERNOR April 26, 1999 U. S. Army Corps of Engineers Raleigh Field Office 6508 Falls of the Neuse Road Suite 120 Raleigh, NC 27615 ATTENTION: Mr. Eric Alsmeyer NCDOT Coordinator Dear Sir: >'? VV) E. NORRIS TOLSON SECRETARY SUBJECT: Durham County, Replacement of Bridge No. 91 on SR 1809 over Lick Creek. TIP No. B-2964, State Project No. 8.2351701, Federal Aid Project No. BRZ-1809(2). Please find attached the Categorical Exclusion and Construction Consultation for the referenced project. The recommendation for replacement of Bridge No. 91 over Lick Creek has changed since the Categorical Exclusion was approved. The original proposal was to replace Bridge No. 91 on existing location with a single barrel reinforced concrete box culvert. The North Carolina Department of Transportation (NCDOT) now proposes to replace Bridge No. 91 on existing location with a new bridge. The new bridge will be a cored slab structure approximately 114ft long with two spans of 57ft. The new approach roadway will be a 7.2 meter (24 foot) travelway with shoulder widths of at least 2.4 meters (8 feet). Traffic will be detoured on existing secondary roads during construction. A temporary work pad will also be required for this project. Temporary impacts to the surface waters from the temporary causeway total 0.013 acre. The temporary causeway will be constructed of clean rock and will be removed from the streambed to the greatest 0 2 extent practical without extensive disturbance of the existing streambed after construction. Some residual may remain. Construction plans detailing the proposed causeway are depicted in the attached drawings. No wetlands will be impacted by the proposed construction. The project is being processed by the Federal Highway Administration as a "Categorical Exclusion" !in accordance with 23 CFR 771.115(b). Therefore, we do not anticipate reque g an individual permit but propose to proceed under a Nationwide Permit in accord , e with 33 CFR 330 Appendix A (B-23) issued 13 December 1996, by the Corps of Engineers. . The NCDOT is also requesting a Section 404 Nationwide Permit 33 (Temporary Construction Access and Dewatering) authorizing the construction of the causeway. The provisions of Section 330.4 and Appendix A (C) of these regulations will be followed in the construction of the project. By copy of this letter, the DOT also asks that the appropriate General 401 Water Quality Certification be issued by the Division of Water Quality for this construction activity. If you have any questions, please contact Mr. Lindsey Riddick at (919) 733-7844,,1 extension 315. Sincerely, ,t/. C - xuj?- ?L William D. Gilmore, P. E., Manager Planning and Environmental Branch Attachments cc: Mr. David Franklin, USACE, Wilmington Mr. John Dorney, NCDENR, DWQ Mr. David Cox, NCWRC Mr. Whit Webb, P. E., Program Development Branch Mr. R. L. Hill, P. E., State Highway Engineer - Design Mr. A L. Hankins, P. E., Hydraulics Unit Mr. William J. Rogers, P. E., Structure Design Unit Mr. Tom Shearin, P. E., State Roadway Design Engineer Mr. D. A Allsbrook, P. E., Division 5 Engineer i DEM ID: CORPS ACTION ID: NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #): 33 PRE-CONSTRUCTION NOTIFICATION APPLICATION FOR NATIONWIDE PERMITS THAT REQUIRE: 1) NOTIFICATION TO THE CORPS OF ENGINEERS 2) APPLICATION FOR SECTION 401 CERTIFICATION 3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT (SEE AGENCY ADDRESSES SHEET). PLEASE PRINT. 1. OWNERS NAME: NCDOT 2. MAILING ADDRESS: P O Box 25201 SUBDIVISION NAME: CITY: Raleigh STATE: NC ZIP CODE: 27611-5201 PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING ADDRESS ABOVE): 3. TELEPHONE NUMBER (HOME): (WORK): 919-733-3141 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: William D. Gilmore, P. E. 5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR AERIAL PHOTOGRAPHY WITH SCALE): COUNTY: Durham NEAREST TOWN OR CITY: Durham 1 SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): Bridge No. 91 over the Lick Creek on SR 1809 6. IMPACTED OR NEAREST STREAM/RIVER: Lick Creek RIVER BASIN: Neuse 7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER (SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER SUPPLY (WS-I OR WS-II)? YES [ ] NO [X] IF YES, EXPLAIN: 7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)?YES[ ] NO[X] 7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION? 8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY? YES [ ] NO [X] IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION): 8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE? YES [ ] NO [X] IF YES, DESCRIBE ANTICIPATED WORK: 9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: N/A 9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: 0.0 2 10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: FILLING: 0.0 EXCAVATION: FLOODING: OTHER: DRAINAGE: TOTAL ACRES TO BE IMPACTED: 0.00 10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION : LENGTH BEFORE: N/A FT AFTER: N/A FT WIDTH BEFORE (based on normal high water contours): N/A FT WIDTH AFTER: N/A FT AVERAGE DEPTH BEFORE: N/A FT AFTER: N/A FT (2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY) OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL: CHANNEL EXCAVATION: CONSTRUCTION OF A DAM/FLOODING: OTHER: -Temporary placement of stone in channel 11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED DRAINING TO THE POND? N/A WHAT IS THE EXPECTED POND SURFACE AREA? N/A 12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: 8 1/2" X 11" DRAWINGS ONLY): Construction of a new bridge over the Lick Cree Road construction equipment 13. PURPOSE OF PROPOSED WORK: To improve safety of the traveling public by replacing a sub-standard bridge 3 14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS): N/A 17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF PUBLIC (STATE) LAND? YES [X] NO [] (IF NO, GO TO 18) a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT? YES [X] NO [ b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE?' YES [X] NO (I IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT. QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESSI!SHOULD BE DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH, NORTH CAROLINA 27603-8003, TELEPHONE (919) 733-6369. 4 18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL INTO WETLANDS: a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26, 29, AND 38). ALL STREAMS (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OR 1 INCH EQUALS 100 FEET OR THEIR EQUIVALENT. b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY PROJECT. C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE. d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED. e. WHAT IS LAND USE OF SURROUNDING PROPERTY? rural f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? N/A g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE. NOTE: WETLANDS OR WATERS OF THE U.S. MAY NOT BE IMPACTED PRIOR TO: 1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT, 2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF ENVIRONMENTAL MANAGEMENT (WATER QUALITY) CERTIFICATION, AND 3) (IN TIE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT PROGRAM. . LA , c,1 G1,?.,, L? yeti OWNER' S/AGENT'S SIGNATURE DATE (AGENT'S SIGNATURE VALID ONLY IF AUTHORIZATION LETTER FROM THE OWNER IS PROVIDED (18g.)) 5 LeasbiurR ? 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Id. No. B-2964 1. GENERAL INFORMATION a. Consultation Phase: Construction b. Project Description: Durham County, SR 1809, Bridge No. 91 Over Lick Creek C. Federal Project No.: BRZ-1809(2) State Project No.: 8.2351701 d. Document Type: Categorical Exclusior. 11-21-96 Date II. CONCLUSIONS The subject environmental document has been reevaluated as required by 23 CFR 771. It has been determined that the current proposed action is essentially the same as described in the Categorical Exclusion. Proposed changes, if any, are noted below in Section III. It has been determined that anticipated social, economic, and environmental impacts were accurately described in the above referenced document unless noted otherwise herein. Therefore, the Administrative Action remains valid. III. CHANGES IN THE PROPOSED ACTION AND ENVIRONMENTAL CONSEQUENCES When the Categorical Exclusion (CE) was approved on November 21, 1996, the recommended alternative consisted of replacing the bridge along the existing alignment with a triple barrel (3 @ 10 feet x 9 feet) reinforced concrete box culvert with an off-site detour for traffic. Since the approval of the CE, more detailed hydraulic analyses have been conducted. The recommended alternative has been changed to replacing the bridge with a new bridge along the existing alignment with an off-site detour for traffic. The new bridge will have a length of 114 feet and will have a clear roadway width of 26 feet. The roadway approaches will be improved for approximately 200 feet on each end of the bridge. The Best Usage Classification for Lick Creek, as designated by the Division of Water Quality (DWQ), has been reviewed. Since the approval of the CE, the water resource classification of WS-IV NSW has not changed (see attachment). n ? At the time of the approval of the CE, the U.S. Fish and Wildlife Service (USFWS) listed three (3) federally protected species, smooth coneflower, Nlichaux's sumac, and bald eagle, for Durham County. The most recent USFWS list for federally protected species (January 15, 1999) has been reviewed; and there has been no change for Durham County (see attachment). The biological conclusion of No Effect rendered for these species remains valid. The North Carolina Department of Transportation will apply for a Section 404 Nationwide 23 permit from the Corps of Engineers for this project. IV. LIST OF ENVIRONMENTAL COMMITMENTS All standard procedures and measures, including NCDOT's Best Management Practices for Protection of Surface Waters, will be implemented, as applicable, to avoid or minimize environmental impacts. Design Standards in Sensitive Watersheds in Sedimentation Pollution Control Guidelines (Title 15A NCAC 4B.0024) will be evaluated because the crossing is within 1.6 kilometers (1.0 mile) of and drains to Falls Lake. ACTION: The Erosion and Sedimentation Plan for this project has been designed in accordance with the Design Standards in Sensitive Watersheds in Sedimentation Pollution Control Guidelines. V. COORDINATION Project Development and Environmental Analysis Branch personne' have discussed current project proposals with others as follows: Roadway Design Engineer: Tim Jordan, PE, Roadway Design 4-20-99 Date Permit Coordinator: Lindsey Riddick, Project Development 4-21-99 and Environmental Analysis Branch Date FHWA Engineer: John Schrohenlohr, PE, Area Engineer r 4-20-99 Date SoL VI. NCDOT CONCURRENCE Project Development Engineer Date ? 111/ [Manager, Project Developmen and Environmental Analysis Branch Date' Durham County SR 1809 Bridge No. 91 over Lick Creek Federal-Aid Project No. BRZ-1809(2) State Project No. 8.2351701 T.I.P. No. B-2964 CATEGORICAL EXCLUSION U.S. DEPARTMENT OF TRANSPORTATION FEDERAL HIGHWAY ADM NISTRATION AND N.C. DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS APPROVED: H. Franklin Vick, P.E., Manager Planning and Environmental Branch t 2A& DATE -? Nicholas L. raf, P.E. Division Administrator, FHWA I Z iL y DATE Durham County SR 1809 Bridge No. 91 over Lick Creek Federal-Aid Project No. BRZ-1809(2) State Project No. 8.2351701 T.I.P. No. B-2964 CATEGORICAL EXCLUSION November, 1996 Documentation Prepared By Ko & Associates, P.C. Owl 11, 4,9 i2JA4d °0 o ° ° Lisa Hilliard, P.E. a Project Manager - Ko & Associates 1 d® ° 0 ° iR&P ?a For North Carolina Department of Transportation (.cam L. Gail rimes, P. ., Unit Head Consultant Engineering Unit Ez. . P'-? ?-- Philip S. Harris, P.E. Project Planning Engineer Durham County SR 1809 Bridge No. 91 over Lick Creek Federal-Aid Project No. BRZ-1809(2) State Project No. 8.2351701 T.I.P. No. B-2964 Bridge No. 91 is included in the NCDOT 1997-2003 Transportation Improvement Program. The location is shown in Figure 1. No substantial environmental impacts are anticipated. The project is classified as a Federal "Categorical Exclusion". I. SUMMARY OF ENVIRONMENTAL COMMITMENTS 1. All standard procedures and measures, including NCDOT's Best Management Practices for Protection of Surface Waters, will be implemented, as applicable, to avoid or minimize environmental impacts. 2. Design Standards in Sensitive Watersheds in Sedimentation Pollution Control Guidelines (Title 15A NCAC 4B. 0024) will be evaluated because the crossing is within 1.6 kilometers (1.0 mi) of and drains to Falls Lake. II. SUMMARY OF RECOMMENDATIONS Bridge No. 91 will be replaced in its existing location with a culvert. During construction traffic will be detoured on SR 1902 and NC 98. The estimated cost for the proposed improvement is $332,000 . The estimated cost of the project, as shown in the NCDOT 1997-2003 Transportation Improvement Program, is $270,000 including $20,000 for right-of-way and $250,000 for construction. III. EXISTING CONDITIONS SR 1809 is classified as a rural local route in the Statewide Functional Classification System. The proposed project is located in a rural area of southeastern Durham County approximately 304 meters (1000 ft) south of the intersection of NC 98 and SR 1809 (Figure 1). The area in and around the study corridor is primarily forested. Near the bridge, SR 1809 has a 6.7 meter (22 ft) unpaved roadway width with no shoulders. The roadway approaches slope downward from south to north. The horizontal alignment is tangent on the bridge with a 120 meter radius (14.5 degree) curve approximately 160 meters (525 ft) from the bridge to the north. The south approach is tangent. The roadway is situated approximately 3.4 meters (11 ft) above the creek bed. The traffic volumes were 100 vehicles per day (vpd) for 1995 and projected to be 400 vpd for the design year 2020. The volumes include I% truck-tractor semi trailer (TTST) and 2% dual-tired (DT) vehicles. The speed limit is not posted and assumed to be 72 kilometers per hour (45 mph). The existing bridge was built in 1961 (Figure 3). The superstructure consists! of four timber joist spans. Bridge deck construction is a creosote timber floor deck with an asphalt wearing surface. The substructure consists of creosote timber pile end bents and interior bents with timber caps. The overall length of the bridge is 21.0 meters (69 ft). Clear roadway width is 5.8 meters (19.2 ft). The posted weight limit is 7257.6 kilograms (8 tons) for single vehicles and 13,608.0 kilograms (15 tons) for tractor trailer trucks. SR 1809 is unpaved. Bridge No. 91 has a sufficiency rating of 39. 1, compared to a rating of 100 for: a new structure. Two accidents were reported in the vicinity of the bridge during the period from April 1, 1992 to March 31, 1995. On overhead electric lime crosses the stream west of the bridge and a telephone line crosses the stream east of the bridge. There are no utilities attached to the bridge. School buses cross this bridge a total of four times daily. IV. ALTERNATIVES No alternatives were considered for replacement of the bridge in its existing location. Utilizing the existing roadway provides the best alignment and the lowest cost. A relocated alignment would result in excessive cost and undesirable horizontal alignment. The approaches will be''paved for 30 meters (100 ft) from each end ofthe culvert. Temporary, on-site detours were considered west (Temporary Detour 1) and east (Temporary Detour 2) of the existing bridge. Based on a' benefit-cost ratio of 0.07:1, an on-site detour is not reasonable (see Section VII.). During construction traffic will be detoured on SR 1902 and NC 98, a distance of 5.8 kilometers (3.6 mi) (see Figure 1). The No-Build or "do-nothing" alternative was also considered but would eventually necessitate closure of the bridge. This is not desirable due to the traffic service provided by SR 1809. Investigation of the existing structure by the Bridge Maintenance Unit indicates, that rehabilitation of the old bridge is not feasible due to its age and deteriorated condition. 2 V. ESTIMATED COST The estimated costs of the alternative studied, based on current prices, are as follow: Alternate A with on-site detour Alternate A -with off-.site detour (Recommended) Structure Removal $8,190.00 $8,190.00 Structure $101,400.00 $101,400.00 Roadway Approaches $93,540.00 $93,540.00 Miscellaneous and Mobilization $61,870.00 $61,870.00 Engineering and Contingencies $35,000.00 $35,000.00 Right-of-Way / Const. Easement / Util. $32,000.00 $32,000.00 SUBTOTAL $332,000.00 $332,000.00 Temporary On-Site Detour $174,500.00 NA TOTAL $506,500.00 $332,000.00 VI. RECOMMENDED IMPROVEMENTS Bridge No. 91 will be replaced on its existing location with a triple barrel 3.0 meter x 2.7 meter (10 ft x 9 ft) reinforced concrete box culvert. The approaches will be improved for 30 meters (100 ft) on each end of the culvert. Traffic will be detoured on SR 1902 and NC 98 during construction, a distance of approximately 5.8 kilometers (3.6 mi) (see Section VII.). The Division Office concurs with the recommended improvements. VII. TRAFFIC DETOUR The Division Engineer concurs that traffic can be detoured on existing roads during the construction period. A four month road closure period is anticipated. The oil site detour roadway and bridges are adequate to accommodate affected traffic during the construction period. A road user analysis was performed for detouring traffic on existing roads based on 100 vpd and an average of 5.8 kilometers (3.6 mi) of indirectional travel utilizing SR 1902 and NC 98 (See Figure 1). The cost of additional travel would be approximately $13,000 during the four month construction period. The estimated cost ofproviding an on site detour is $174,500, resulting in a benefit-cost ratio 3 of 0.07:1. This ratio does not indicate justification to maintain traffic on-site during the construction period. Methods VIII. NATURAL RESOURCES Materials and research data in support of this investigation have been derived from a number of sources including the applicable U.S. Geological Survey (USGS) 7.5 minute quadrangle mapping (Bayleaf and Southeast Durham, N.C.), U. S. Fish and Wildlife Service (USFWS) National Wetland Inventory mapping (NWI), Natural Resources Conservation Service (MRCS) (formerly Soil Conservation Service) soils information (USDA 1976), and 1994 aerial photography (scale: 1:1200) furnished by NCDOT. The principal investigator for natural resources was Kevin Markham with Environmental Services, Inc. Mr. Markham received his B.S. and M.S. degrees in Marine Biology from the University of North Carolina, Wilmington. He has eight years of experience in coastal ecosystems evaluations, wildlife surveys, wetland delineations, mitigation planning, and threatened andendangered species issues. The site was visited on March 27, 1996. Communities likely to be impacted by proposed improvements were walked and visually surveyed for important features. Surveys were conducted within a study corridor approximately 91.4 meters (300 ft) in width, symmetrical to the existing alignment. However, impact calculations are based on the approximate right-ofLway and temporary construction easements. Special concerns evaluated include potential habitat for protected species, wetlands, and water quality protection in Lick Creek. Plant community descriptions are based on a classification system utilized by the North Carolina Natural Heritage Program (NHP) (Schafale and Weakley 1990). When apptopriate, community classifications were modified to better reflect field observations. Vascular; plant names follow nomenclature found in Radford et al. (1968). Jurisdictional areas were identified using the three parameter approach (hydrophytic vegetation, hydric soils, wetland hydrology) following U.S. Army Corps of Engineers (COE) delineation guidelines (DOA 1987). Jurisdictional areas are characterized according to a classification scheme established by Cowardin et al. (1979). Habitat used by terrestrial wildlife and aquatic organisms, as well as expected population distributions, were determined through field observations, evaluation of available habitat, and supportive documentation (Martof et al. 1980; Webster et al. 1985; Menhinick 1991; Hamel 1992). ! Recreational fishing potential was determined by utilizing Fish (1968). Water quality information, for area streams and tributaries was derived from available sources (DEM 1991, DEM 1993). Quantitative sampling was not undertaken to support existing data. A USFWS listing of federal protected species with ranges which extend into !Durham County was obtained prior to initiation of field studies. In addition, NHP records documentinEg presence of federal or state listed species were consulted before commencing the field investigation. 4 Physiography and Soils Durham County is situated in the Piedmont physiographic province. Topography is characterized by rolling hills with some steep slopes parallel to the major streams. Elevations in the study corridor vicinity range from approximately 91 meters (300 ft) just north of the study corridor at the intersection of SR 1809 and NC 98, to approximately 79 meters (260 ft) along the creek bottom (USGS Bayleaf/Southeast Durham, NC quadrangles). The study corridor is in the Triassic Basin geological region and is underlaid by arkosic sandstone (DNRCD 1985). Soils in the study corridor are Altavista silt loam (Aquic Hapludults), Chewacla/Wehadkee soils (Fluvaquentic DystrochreptslTypic Fluvaquents), and Pinkston fine sandy loam (Ruptic-Ultic Dystrochrepts). Chewacla/Wehadkee are on the national list of hydric soils (USDA 1991). The Altavista series is a moderately chained soil typically found on stream terraces. Permeability in this series is moderate. Seasonal high water table is approximately 0.8 meters (2.5 ft) below the surface. Chewacla and Wehadkee soils are somewhat poorly drained and are typically found on major stream and river floodplains. These soils are flooded frequently for brief periods. However, except for one small pocket in the southwest corner of the study corridor, the Chewacla series does not demonstrate hydric conditions. WATER RESOURCES Waters Impacted The study corridor is located within the Neuse River Drainage Basin (USGS hydrologic unit 03020201). Bridge No.91 crosses Lick Creek approximately 0.3 kilometer (0.2 mi) south of the junction of NC 98 and SR 1809. The creek flows from west to east through the study corridor before turning northeast and emptying into Falls Lake. Lick Creek has been assigned Stream Index Number 27-11-(0.5) by the N. C. Division of Environmental Management (DEM). Best Usage Classifications and Water Quality Classifications are assigned to waters of the State of North Carolina based on the existing or contemplated best usage of various streams or segments of streams in the basin (DEM 1993). A best usage classification of WS-IV NSW has been assigned to the segment of Lick Creek (DEM 1993) within the study corridor. The designation WS-IV denotes the stream is protected as a water supply in a moderately to highly developed watershed, with strict requirements for point source discharges. Local programs exist to control non-point source and stormwater discharges. Additional appropriate uses include aquatic life propagation and survival, fishing, wildlife, secondary recreation, and agriculture. Secondary recreation refers to human body contact with water on an incidental or infrequent basis. The NSW designation indicates Nutrient Sensitive Waters. Within areas with this designation, no increase in stream nutrient levels over background levels is generally permitted. No Outstanding Resource Waters (ORW), WS-I, or WS-H waters occur within 1.6 kilometers (1 5 mi) of the study corridor. Lick Creek is within 1.6 kilometers ( 1 mi) of Falls Lake critical area. Falls Lake is designated WS-IV and HQW. No permitted point source discharges occur on Lick creek (DEM 1991). Lick Creek is not a North Carolina state designated Natural and Scenic River, nor is it a nationally-listed Wild and Scenic River. The Benthic Macromvertebrate Ambient Network (BMAN) addresses long-term trends in water quality at fixed monitoring sites by sampling for selected benthic macroinvertebrates . Species richness and overall biomass are considered to be reflections of water quality. There is one BMAN special study site, identified as DEM site 55, located approximately 1.6 kilometers (1 mi) upstream from the study corridor. This site received a bioclassification rating of Fair (E?tM 1991). Stream Characteristics Lick Creek is characterized as broad and shallow, averaging approximately 7;6 meters (25 ft) in width and approximately 0.6 meters (2.0 ft) in depth. The stream meanders slightly within the study corridor. The steep bank slopes are approximately 1.8 to 3.7 meters (6 to 12 ft) in height. Flow is slow to moderate and the water exhibited no turbidity at the time of this survey. The stream bed is composed of gravel and sand. Approximately 9.1 meters (30 ft) west of the bridge, an unnamed tributary empties into Lick{ Creek. Anticipated Impacts to Water Resources Short-term impacts on water quality, such as sedimentation and turbidity, can be anticipated from construction related activities. Adverse impacts will be minimized by implementing the NCDOT Best Management Practices for Protection of Surface Waters (BMPs), as applicable, during construction. No adverse long-term impacts to water resources are expected to result from proposed improvements. The proposed culvert will allow for continuation of present flow rates thereby protecting stream integrity. BIOTIC RESOURCES Plant Communities Uniformity of the plant communities in the project vicinity result in two classifications: mesic hardwood forest, dominating floodplain areas, and urban/disturbed land within power line right-of- ways and along road sides. The plant communities are described below. Mesic Hardwood Forest This community characterizes the floodplain areas of Lick Creek. The canopy is dominated by loblolly pine (Pinus taeda), tulip poplar (Liriodendron tulipifera), red maple (Acer rubrum), and American beech (Fagus grandifolia). River birch (Betula nigra), American Sycamore (Platanus occidentalis), and Willow Oak (Quercus phellos) also occurs in the southwest section of the study 6 corridor. The midstory/shrub layer is composed of ironwood (Carpinus caroliniana), dogwood (Cornus florida), poison ivy (Toxicodendron radicans), and strawberry bush (Euonymus americanus). Herbs include field garlic (Allium sp.), and heartleaf (Hexastylis virginica). Urban/Disturbed Land This community includes disturbed roadside margins and areas beneath power lines. Vegetation in these areas is composed of a variety of species such as red maple, tulip poplar, devils' walking stick (Aralia spinosa), cane (Arundinaria gigantea), and blackberries (Rubus spp.), as well as successional grasses and herbs. Anticipated Impacts to Plant Communities Anticipated impacts to plant communities are estimated based on the amount of each plant community present within the proposed right-of-way and temporary construction easements. A summary of plant community impacts which may result from construction activities is presented below. Table 1. Estimated plant community impacts. PLANT CONRAUNITY ESTIMATED IMPACTS in hectares (acres in parentheses) Alternative A Temp. Detour 1 Temp. Detour 2 Mesic hardwood forest 0.13 (0.31) 0.17 (0.42) 0.20 (0.49) Urban/Disturbed Land 0.40(l.00) 0.02 (0.06) 0.00 (0.00) TOTAL: 0.53(l.31) 0.19 (0.48) 0.20 (0.49) Impacts to plant communities as a result of Alternative A are restricted to narrow strips immediately adjacent to the existing bridge and roadway approach segments. Approximately 0.13 hectare (0.31 ac) of natural plant community will be impacted. The off-site detour alternative is not expected to result in impacts to plant communities due to the utilization of existing roads. Temporary on-site detour alternatives exhibit minor variations in the distribution ofpotential impacts to plant communities. Temporary Detour 2 will impact slightly more of the natural forested plant communities than Temporary Detour 1. Impacts to plant communities as a result of either detour alternative are temporary. Construction of the proposed alternative is not expected to result in substantial adverse impacts to the plant communities within the study corridor. No additional habitat segmentation is expected. 7 Wildlife Terrestrial The study corridor is currently characterized by natural forest vegetation with disturbed land located in power line right-of-way and roadside margins Forested floodplains bordering Lick Creek have all the necessary components (food, water, and protective covering) for wildlife species adapted to non- fragmented forest habitat. Mammalian species expected in the study corridor include white-tailed deer (Odocoileus virginianus), raccoon (Procyon lotor), gray squirrel (Sciurus carolinensis), eastern cottontail (Sylvilagus floridanus), striped skunk (Mephitis mephitis), southeastern shrew (Sorex longirostris), and Virginia opossum (Didelphis virginiana). Avian species are typical of mesic and bottomland forest communities. Noted species include Carolina wren (Thryothorus ludovicianus), blue jay (Cyanocitta cristata), northern cardinal (Cardinalis cardinalis), red-bellied woodpecker (Mel nerpes carolinus), downy woodpecker (Picoides villosus), American crow (Corvus brachyr*hynchos), Carolina chickadee (Parus carolinensis), American robin (Turdus migratorius), song sparrow (Melospiza melodic), and eastern bluebird (Sialia sialis). Reptiles and amphibians expected within the study corridor include American toad (Bufo americanus), spring peeper (Hyla crucifer), eastern box turtle (Terrapene carolina), black rat snake (Elaphe obsoleta), eastern fence lizard (Sceloporus undulatus), and five-Tined skink (Eumeces fasciatus). Aquatic Lick Creek typically has slow to moderate stream velocity. The creek is of limited recreational fishing importance, primarily for sunfishes (Lepomis spp.) (Fish 1968). Nongame (species that may be expected include redfin pickerel (Esox amencanus), golden shiner (Notemigonus crysoleucas), and rosyside dace (Clinostomus funduloides). Amphibians such as spotted salamander (Ambystoma maculatum), red-spotted newt (Notophthalmus viridescens), chorus frogs (Pseudacris spp.), and toads (Bufo spp.) are expected to use pools for breeding during spring wet periods. Anticipated Impacts to Wildlife Due to the limited extent of infringement of natural communities, the proposed culvert will not result in substantial loss or displacement of known terrestrial or aquatic animal populations. Maintenance of regular flow and stream integrity will minimize potential down-stream impacts to aquatic habitats by the proposed bridge replacement. In addition, permanent and temporary impacts to downstream habitat from increased sediment during construction will be minimised by implementation of the NCDOT Best Management Practices for Protection of Surface Waters. SPECIAL TOPICS Waters of the United States Surface waters within the embankments of Lick Creek are subject to jurisdictional consideration under Section 404 as "waters of the United States" (33 CFR 328.3). Creek waters are classified as palustrine open water systems (POW). Wetlands subject to review under Section 404 of the Clean Water Act (33 U.S.C. 1344) are defined by the presence of three criteria: hydric soils, hydrophytic vegetation, and evidence of hydrology at or near the surface for a portion (12.5 percent) of the growing season (DOA 1987). Based on this three parameter approach, jurisdictional wetlands are restricted to a small area in the southeast section of the study corridor. This community exhibits characteristics of palustrine forested, broad-leaved deciduous, temporarily flooded wetlands (PFOI A). The following table summarizes wetland impacts which will result from in-place bridge replacement and temporary detours. Table 2. Estimated Wetland Impacts. WETLAND TYPE ESTIMATED HAPACTS in hectares (acres in parentheses) Alternative A Temp. Detour 1 Temp. Detour 2 PFO 1 A: 0.00 (0.00) 0.03 (0.07) 0.00 (0.00) Minor impacts to palustrine open water (POW) are expected as a result of bridge replacement by a reinforced concrete box culvert. The POW impacts are 0.02 hectare (0.05 ac) for Alternative A, 0.01 hectare (0.02 ac) for Temporary Detour 1, and 0.01 hectare (0.02 ac) for Temporary Detour 2. No wetlands will be impacted by in-kind replacement of the existing structure. Permits Impacts to surface waters are anticipated from project construction. In accordance with provisions of Section 404 of the CWA, a permit will be required from the COE for the discharge of dredge or fill material into "Waters of the United States." A Nationwide Permit 33 CFR 330.5 (A) (23) is likely to be applicable for all impacts to Waters of the United States from the proposed project. This permit authorizes activities undertaken, assisted, authorized, regulated, funded or financed in whole, or part, by another federal agency or department where: (1) that agency or department has determined pursuant to the council on environmental quality regulations for 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 9 nor cumulatively have a significant effect on the human environment; and, (2) 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. This project will also require a 401 Water Quality General Certification from the Division of Environmental Management (DEM) prior to the issuance of a Nationwide Permit.I Section 401 of the CWA requires that the state issue or deny water quality certification for any federally permitted or licensed activity that may result in a discharge to Waters of the United States. Miti ag tion Compensatory mitigation is not proposed for this project due to the limited nature! of project impacts. PROTECTED SPECIES Federal Protected Species Species with the federal classification of Endangered (E), Threatened (T), proposed endangered, and proposed threatened are protected under the Endangered Species Act of 1913, as amended (16 U.S.C. 1531 et seq.). The following federal protected species are listed for Durham County (August 23, 1996 USFWS list): Smooth coneflower (Echinacea laevigata) - E Michaux's sumac (Rhus Michaux'i) - E Bald eagle (Haliaeetus leucocephalus) -T Smooth coneflower - This species grows in calcareous, basic, or circumneutral soils on road sides, clear cuts, and power line right-of-ways where there is abundant light and little herbaceous competition. Fire-maintained woodlands also appear to provide potential habitat for the coneflower. NEP records indicate that this species has not been documented within 1.6 kilometers (1.0 mile) of the study corridor. Disturbed areas m the project study corridor are regularly maintained, providing little or no opportunity for growing of this species. No specimens were noted during field surveys. This project is not expected to affect smooth coneflower because shading of road sides by adjacent forest trees and routine mowing reduce the suitability of road sides within the study corridor for this species. BIOLOGICAL CONCLUSION: NO EFFECT Michaux's sumac - Michaux's sumac is a densely pubescent, deciduous, rhizomatous shrub, which tends to grow in disturbed areas where competition is reduced by periodic fire or other disturbances, and may grow along roadside margins or utility right-of-ways. In the Piedmont, Michaux's sumac appears to prefer clay soil derived from mafic rocks or sandy soil derived from granite (Weakley 10 1993). NIP records indicate that this species has not been documented within 1.6 kilometers (1.0 mile) of the study corridor. Stable, relatively undisturbed habitat is not present within the study corridor for Michaux's sumac. This project is not expected to affect Michaux's sumac because shading of road sides by adjacent forest trees and routine mowing reduce the suitability of road sides within the study corridor for this species. BIOLOGICAL CONCLUSION: NO EFFECT Bald Eagle - The bald eagle is found primarily in association with large lakes and coastal bays and sounds where food is plentiful. Nest sites are built close to feeding grounds in large trees (predominately pine or cypress), either living or dead. Eagles are opportunistic hunters and scavengers, feeding on a wide variety of aquatic-dependent organisms including fish, snakes, small mammals and large water birds. There is no suitable habitat for this species within the study corridor. NHP records indicate that this species has not been documented within 1.6 kilometers (1.0 mi) of the study corridor. This project is not expected to affect bald eagles due to the lack of foraging and nesting opportunities in Lick Creek within the study corridor. Construction activities may temporarily displace any bald eagles foraging in the vicinity; however, no documented nesting activity will be disrupted. BIOLOGICAL CONCLUSION: NO EFFECT Federal species of concern - The August 23, 1996 USFWS list also includes a category of species designated as "Federal species of concern" (FSC). The FSC designation provides no federal protection for the species listed. NHP files do not document any FSC within the study corridor. The following are listed as FSC for Durham County: Common Name Atlantic pigtoe Green floater Yellow lampmussel Panhandle peeblesnail Septimas's clubtail dragonfly A liverwort Butternut Sweet pinesap Tall larkspur State Protected Species Scientific Name Potential Habitat Fusconaia masoni Y Lasmigona subviridis Y Lampsilis cariosa Y Somotogyrus virginicus N Gomphus septima Y Plagiochila columbiana N Juglans cinerea N Monotropsis odorata N Delphinium exaltatum N Plant and animal species which are on the North Carolina state list as Endangered (E), Threatened (T), or Special Concern (SC) receive limited protection under the North Carolina Endangered Species Act (G.S. 113-331 et seq.) and the North Carolina Plant Protection Act of 1979 (G.S. 106-202.12 11 et seq.). NHP records indicate two state-listed Special Concern species, four-toed salamander (Hemidactylium scutatum) and Douglass' bittercress (Cardamine douglassii), both of which have been documented within 1.6 kilometers (1.0 mile) downstream from the study corridor. The proposed project is not expected to have adverse long-term impacts on these species. Impacts to these species will be avoided/minimized to the greatest extent possible and notification to the NHP will be given prior to construction. IX. CULTURAL RESOURCES This project is subject to compliance with Section 106 of the National Historic Preservation Act of 1966, as amended, implemented by the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106, codified at 36 CFR Part 800. Section 106 requiries that for federally funded, licensed, or permitted projects, having an effect on properties listed in or eligible for the National Register of Historic Places, the Advisory Council on Historic Preservation be given an opportunity to comment. In a concurrence form dated May 9, 1996 the Federal Highway Administration, NCDOT, and the North Carolina State Historic Preservation Office (SHPO) concurred that there are no properties, including Bridge No.91, in the area of potential effect (APE) listed in or eligible for the National Register (see Appendix for Concurrence Form). In their April 22, 1996 letter, the SHPO stated that there are no known archaeological sites in the proposed project area and it is unlikely that any archaeological resources which may be eligible for the National Register of Historic Places will be affected. They recommended no archaeological investigation be conducted in connection with this project (see Appendix for SHPO letter). Therefore, the NCDOT has not conducted nor will conduct any archaeological work in connection with this project. Since there are no properties either listed in or eligible for the National Register of Historic Places within the APE, no further compliance with Section 106 is required. X. ENVIRONMENTAL EFFECTS The project is expected to have an overall positive impact by replacing a potentially unsafe bridge. Inconvenience to motorists will be negligible since traffic volumes are low and other connecting roadways in the immediate vicinity are available. The project is considered a Federal "Categorical Exclusion" due to its limited scope and insignificant environmental consequences. The bridge replacement will not have an adverse effect on the quality of the human or natural environment with the use of current NCDOT standards and specifications. 12 The project is not in conflict with any plan, existing land use, or zoning regulations. No significant change in existing land use is expected to result from replacement of the bridge. No adverse impact on families or communities is anticipated. No relocatees are expected with implementation of the proposed alternative. No adverse effect on public facilities or services is anticipated. The project is not expected to adversely affect social, economic, or religious opportunities in the area. The project is included within Falls Lake State Recreational Area, part of which is a registered natural area and subject to Section 4(f). However, since the project consists of replacing a bridge in its existing location with a culvert, Section 4(f) does not apply. There are no other publicly owned parks, recreational facilities, or wildlife and waterfowl refuges of national, state, or local significance in the vicinity of the project. Since the project will consist of replacing an existing bridge in its existing location with a culvert, the Farmland Protection Policy Act does not apply. This project is an air quality "neutral" project, so it is not required to be included in the regional emissions analysis and a project level CO analysis is not required. Noise levels could increase during demolition but will be temporary. If vegetation is disposed of by burning, all burning shall be done in accordance with applicable local laws and regulations of the North Carolina State Implementation Plan (SIP) for air quality in compliance with 15 NCAC 2D.0520. This evaluation completes the assessment requirements for highway traffic noise of Title 23, Code of Federal Regulations (CFR), Part 772 and for air quality (1990 Clean Air Act Amendments and the National Environmental Policy Act) and no additional reports are required. , An examination of records at the North Carolina Department of Environment, Health and Natural Resources, Division of Environmental Management, Groundwater Section and the North Carolina Department of Human Resources, Solid Waste Management Section revealed no underground storage tanks or hazardous waste sites in the project area. Durham County is a participant in the National Flood Insurance Regular Program The bridge is located in an Approximate Study Area. The Flood Boundary and Fooodway Map is included in the Appendix. This map indicates the approximate limits of the 100-year and the 500-year floodplains as well as the 100-year floodway. Since the proposed culvert will be an in-kind replacement, it is not anticipated that this project will have a significant adverse impact on the existing floodplain and floodway nor on the associated flood hazard to the adjacent properties and buildings. On the basis of the above discussion, it is concluded that no significant adverse environmental effects will result from implementation of the project. 13 REFERENCES Cowardin, L.M., V. Carter, F.C. Golet, and E.T. LaRoe. 1979. Classification of Wetlands and Deepwater Habitats of the United States. USFWS/OBS -79/31. Fish and Wildlife Service, U.S. Department of the Interior, Washington, DC. 103 pp. Department of the Army (DOA). 1987. Corps of Engineers Wetland Delineation Manual. Tech. Rpt. Y-87-1, U.S. Army Engineers Waterways Experiment Station, Vicksburg MS. 100 pp. Department of Natural Resources and Community Development (DNRCD). 1985. Geologic Map of North Carolina. North Carolina Geological Survey. Division of Environmental Management (DEM). 1991. Biological Assessment'of Water Quality in North Carolina Streams: Benthic Macroinvertebrate Data Base and Long Term Changes in Water Quality, 1983-1990. North Carolina Department of Environment, Health, andlNatural Resources, Water Quality Section. Raleigh. Division of Environmental Management (DEM). 1993. Classifications and Water Quality Standards Assigned to the Waters of the Neuse River Basin. North Carolina Department of Environment, Health, and Natural Resources, Raleigh. Fish, F.F. 1968. A Catalog of the Inland Fishing Waters of North Carolina. North Carolina Wildlife Resources Commission, Division of Inland Fisheries, Raleigh. 312 pp. Hamel, P.B. 1992. Land Manager's Guide to the Birds of the South. The Nature Conservancy, Southeastern Region, Chapel Hill, NC. 437 pp. Martof, B.S., W.M. Palmer, J.R. Bailey, and J.R. Harrison III. 1980. Amphibians and Reptiles of the Carolinas and Virginia. The University of North Carolina Press, Chapel Hill, NC. 264 pp. Menhinick, E.F. 1991. The Freshwater Fishes of North Carolina. North Carolina Wildlife Resources Commission, Raleigh. 227 pp. Radford, A.E., H.E. Ahles, and C.R Bell 1968. Manual of the Vascular Flora of the Carolinas. The University of North Carolina Press, Chapel Hill, NC. 1183 pp. Schafale, M. P. and Weakley, A. S. 1990. Classification of the Natural Communities of North Carolina: Third Approximation. Natural Heritage Program, Division of Parks and Recreation, N.C. Dept. of Environment, Health, and Natural Resources, Raleigh. 325 pp. U.S. Department of Agriculture (USDA). 1976. Soil Survey information provided by the Durham County SCS office, North Carolina. USDA Soil Conservation Service. 74 pp. 14 U.S. Department of Agriculture (USDA). 1991. Hydric Soils of the United States. In cooperation with the National Technical Committee for Hydric Soils, Soil Conservation Service. Weakley, A. S. 1993. Guide to the Flora of the Carolinas and Virginia. Working Draft of November 1993. North Carolina Natural Heritage Program, Division of Parks and Recreation, Department of Environment, Health, and Natural Resources. 575 pp. Webster, W.D., J.F. Parnell, and W.C. Biggs Jr. 1985. Mammals of the Carolinas, Virginia, and Maryland. The University of North Carolina Press, Chapel Hill, NC. 255 pp. 15 Y > r V Q 2 '^ . y. V , 316' 05' C? t 1 9 w 4F If I4 I POP. 100,539 I1 , SC 99 Keene a A` 2 J O 0 , , m awl i? '` fie %i 'RESEA ARCH ,TIN Q ss PARK t 1 IT 1906 ` ... ' 1 N 3: !O ?. ?-. 35' SS' Z .. x 20 Irl-53 • ?"'•? tl .1424 r'` 61 10 5 Yv.;y ..... .:ri.` ... f ; i? O 1.0 ' 2.0 mA9s ® F?;;x•• I ?' n-. l 1111 All 0 1.0 2.0 3.0 km Source: County Road Maps, qtr.} •? ?a <^ NCDOT, 1990 '3 1 40 0 41 Studied Detour Route Site Location Map Figure: 1 Bridge # 91 SR 1809 Over Project: Lick Creek Durham County, NC Date: AUG 1996 B-2964 BRIDGE NO. 91 DURHAM COUNTY B-2964 LOOKING NORTH ..may LOOKING SOUTH ?J SIDE VIEW FIGURE 3 Federal Aid # P?tz2 ISoq ??,? TIP # b• 2844 County DURHAM CONCURRENCE FORM FOR PROPERTIES NOT ELIGIBLE FOR THE NATIONAL REGISTER OF HISTORIC PLACES Brief Project Description V.E Wf, VR1DbE ?JJa. ?l1 iN tiR-1$? ovee- L t44L GREG taV-loC-ULV xt) On VA,? 11%, , representatives of the ? North Carolina Department of Transportation (NCDOT) Federal Highway Administration (FHwA) ? North Carolina State Historic Preservation Office (SHPO) Other reviewed the subject project at A scoping meeting ? Historic architectural resources photograph review session/consultation Other All parties present agreed ? there arc no properties over fifty years old within the project's area of potential effects. ? there arc no properties less than fifty years old which are considered to meet Criterion Consideration G within the project's area of potential effects.. there are properties over fifty years old (list attached) within the project's area of potential effects, but based on the historical information available and the photographs of each property, properties identified as are considered not eligible for National Register and no further evaluation of them is necessary. ? there are no National Register-listed properties within the projects area of potential effects. Signed: the Division tdmif istrator, or other Federal Agency Representative, °(.Ift, Date If a survey report is prepared, a final copy of this fonn and the attached list will be included. North Carolina Department of Cultural Resources James B. Hunt Jr., Governor Betty Ray McCain, Secretary April 22, 1996 MEMORANDUM TO: H. Franklin Vick, P.E., Manager Planning and Environmental Branch Division of Highways Department of Transportation FROM: _ David Brook Deputy State t'tori c P reservation Officer SUBJECT: Group XI Bridge Replacement Projects Bridge 91 on SR 1809 over Lick Creek, Durham County, B-2964, ER 96-8567 Division of Archives and History Jeffrey J. Crow, Director Thank you for your letter of March 13, 1996, concerning the above project. We are aware of no structures of historic or architectural importance within the general area of the project. We recommend that an architectural historian on your staff identify and evaluate any structures over fifty years of age within the project area, and report the findings to us. There are no known archaeological sites within the proposed project area. Based on our present knowledge of the area, it is unlikely that any archaeological resources which may be eligible for inclusion in the National Register of Historic Places will be affected by the project construction. We, therefore, recommend that no archaeological investigation be conducted in connection with this project. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, please contact Renee Gledhill-Earley, environmental review coordinator, at 919/733-4763. DB:slw cc: N. Graf B. Church T. Padgett 109 East Jones Street • Raleigh, North Carolina 27601-2807 ??? State of North Carolina I= _1V7V1 RIT Department of Environment, Health and Natural Resources 4 • 0 Division of Environmental Management James B. Hunt, Jr., Governor ED AAMMUNdanaftodft ? H N F :1 Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director April 15, 1996 MEMORANDUM To: Phil Harris From: Eric Galamb4 Subject: Water Quality Checklist for Group XI Bridge Replacement Projects The Water .Quality Section of the Division of Environmental Management requests that DOT consider the following generic environmental commitments for bridge replacements: A. DEM requests that DOT strictly adhere to North Carolina regulations entitled, "Design Standards in Sensitive Watersheds" (15A NCAC 04B .0024) throughout design and construction for this project in the area that drains to streams having WS (water supply), ORW (outstanding resource water), HQW (high quality water), B (body contact), SA (shellfish water) or Tr (trout water) classifications to protect existing uses. B. DEM requests that bridges be replaced in existing location with road closure. If an on-site detour or road realignment is necessary, the approach fills should be removed to pre-construction contour and revegetated with native tree species at 320 stems per acre. C. DEM requests that weep holes not be installed in the replacement bridges in order to prevent sediment and other pollutants from entering the body of water. If this is not completely possible, weep holes should not be installed directly over water. D. Wetland impacts should be avoided (including sediment and erosion control structures/measures). If this is not possible, alternatives that minimize wetland impacts should be chosen. Mitigation for unavoidable impacts may be required. E. Borrow/waste areas should avoid wetlands. It is likely that compensatory mitigation will be required if wetlands are impacted by waste or borrow. Please be aware that 401 Certification may be denied if wetland or water impacts have not been avoided and minimized to the maximum extent practicable. cc: Monica Swihart Melba McGee bridges.sco P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper O?pPSME14TOFTyF?y? United States Department of the Interior a FISH AND WILDLIFE SERVICE Raleigh Field Office G E I r a Post Office Box 33726 Y ?4RC„ a Raleigh, North Carolina 27636-3726 March 27, 1996 MAR 2 b 1996 Mr. H. Franklin Vick Z Givt51GH (;; Planning and Environmental Branch HIGHWAYS N.C. Division of Highways P.O. Box 25201 ''?RONNIE?f Raleigh, NC 27611 Subject: Group XI Bridge Replacement Projects Various counties, North Carolina (TIP Nos. B-1204, 2514, 2533, 2818, 2861, 2862, 2873, 2964, 3011, 3035, 3085, 3274, 3392, 3410) Dear Mr. Vick: This responds to your letter of March 13, 1996 requesting information from the U.S. Fish and Wildlife Service (Service) for evaluating the potential environmental impacts of the above-referenced projects. This report provides scoping information and is provided in accordance with provisions of the Fish and Wildlife Coordination Act (16 U.S.C.661-667d) and Section 7,of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543). This report also serves as comments to federal and state resource agencies for use in their permitting and/or certification processes for this project. Preliminary planning by the North Carolina Department of Transportation (NCDOT) calls for the replacement of fourteen bridges in various Eastern North Carolina counties. The Service's mission is to provide the leadership to conserve, protect, and enhance fish and wildlife and their habitats for the continuing benefit of all people. Due to staffing limitations, we are unable to provide you with site- specific comments at this time. However, the following recommendations should help guide the planning process and facilitate our review of the project. Generally, the Service recommends that wetland impacts be avoided and minimized to the maximum extent practicable as outlined in the Clean water Act section 404(b)(1) Guidelines. Bridge replacements should maintain natural water flows and circulation regimes without scouring or impeding fish and wildlife passage. Habitat fragmentation should be minimized by using the existing disturbed corridor instead of a new alignment. 'Impact areas should be stabilized by using appropriate erosion control devices 'and/or techniques. Wherever appropriate, construction in sensitive areas should occur outside of anadromous fish spawning and migratory bird nesting seasons. We reserve the right to review any required federal or state permits at the time of public notice issuance. Resource agency coordination should occur early in the planning process to resolve land,use conflicts and minimize delays. In addition to the above guidance, we recommend that the environmental documentation for this project include the following (the level of detail should be commensurate with the degree of environmental impacts): 1. A clearly defined purpose and need for the proposed project including a discussion of the project's independent utility; 2. An analysis of the alternatives to the proposed project that were considered, including a no action alternative; 3. A description of the fishery and wildlife resources within the action area of the proposed project which may be affected directly or indirectly; 4. The extent and acreage of waters of the U.S., including wetlands, that are to be impacted by filling, dredging, clearing, ditching, and/or draining. Wetland impact acreages should be differentiated by habitat type based on the wetland classification scheme of the National Wetlands Inventory. Wetland boundaries should be determined by using the 1987 Corns of Engineers Wetlands Delineation Manual and verified by the U.S. Army Corps of Engineers; 5. The anticipated environmental impacts, both temporary and permanent, that would be likely to occur as a direct result of the proposed project. Also, an assessment should be included regarding the extent to which the proposed project would result in secondary impacts to natural resources and how this and similar projects contribute to cumulative adverse effects; 6. Techniques which would be employed to design and construct wetland crossings, relocate stream channels, and restore, enhance, or create wetlands for compensatory mitigation; 7. Mitigation measures which would be employed to avoid, minimize, rectify, reduce, or compensate for habitat value losses associated with the project. These measures should include a detailed compensatory mitigation plan for offsetting unavoidable wetland impacts. The attached page identifies the Federally-listed endangered, threatened, and candidate species that are known to occur in Bladen, Brunswick, Columbus, Cumberland, Duplin, Durham, Greene, Pender, Pitt, Robeson, Scotland, Wayne, and Wilson counties. Habitat requirements for the Federally-listed species in the project area should be compared with the available habitat at the proj=ect site. If suitable habitat is present within the action area of the project, field surveys for the species should be performed, and survey methodologies and results included in the environmental documentation for this project. In addition to this guidance, the following information should be included in the environmental document regarding protected species (the level of detail should be commensurate with the degree of environmental impacts): 1. A specific description of the proposed action to be considered; 2. A description and accompanying map of the specific area used in the analysis of direct, indirect, and cumulative impacts; 3. A description of the biology and status of the listed species and of the associated habitat that may be affected by the action, including the results of an onsite inspection; 4. An analysis of the "effects of the action" on the listed species and associated habitat: a. Direct and indirect impacts of the project on listed species. Indirect effects are those that are caused by the proposed action and are later in time but are still reasonably certain to occur; b. A discussion of the environmental baseline which includes interrelated, interdependent, past and present impacts of Federal, State, and private activities in the project and cumulative effects area; C. Interrelated actions are those that are part of a larger action and depend on the larger action for their justification; d. Cumulative impacts of future State and private activities (not requiring Federal agency involvement, that will be considered as part of future Section 7 consultation); 5. Summary of evaluation criteria used as a measurement of potential effects; 6. A description of the manner in which the action may affect any listed species or associated habitat including project proposals to reduce/eliminate adverse effects; 7. Based on evaluation criteria, a determination of whether the project is not likely,to adversely affect or may affect threatened and endangered species. Candidate species are those plant and animal species for which the service has sufficient information on their biological status and threats to their survival to propose them as endangered or threatened under the Endangered Species Act (ESA). Although candidate species receive no statutory protection under the ESA, Federal a§encies are required to informally confer with the Service on actions likely to jeopardize the continued existence of these species or that may destroy or modify proposed critical habitat. Species of concern include those species for which the Service does not have enough scientific information to support a listing proposal or species which do not warrant listing at the present time. Species of Concern receive no statutory protection under the ESA, but could become candidates in the future if additional scientific information becomes available indicating they are endangered or threatened. Formal listing places the species under the full protection of the ESA, and necessitates a new survey if its status in the project corridor is unknown. Therefore, it would be prudent for the project to avoid any adverse impact to candidate species or their habitat. The North Carolina Natural Heritage Program should be contacted for information on species under State protection. The Service appreciates the opportunity to comment on this project. Please continue to advise us of the progress made in the planning process, including your official determination of the impacts of this project. Attachments cc: NCDEHNR-DEM NCWRC NMFS FHWA USACE EPA FWS/R4/KDoak/KHD:3-26-96/919-856-452'0 ext 19/wp:BMAR96.SCP State of North Carolina Department of Environment, Health and Natural Resources 74**A Division of Parks & Recreation James B. Hunt, Jr., Governor p E H N f? Jonathan B. Howes, Secretary Dr. Philip K. McKnelly, Director August 12, 1996 Memorandum TO: - Phil Harris, Project Engineer FROM: Stephen Hall 4? I SUBJECT: Draft Nationwide Section 4(f) Evaluation -- Replacement of Bridge No. 91 over Lick Creek, SR 1809, Durham County REFERENCE: TIP No. B-2964 The Corps property located on either side of the bridge has been identified by the Natural Heritage Program as a Priority Natural Heritage Area. The Division recommends that disturbance to the adjoining forest be minimized as much as possible by replacing the bridge along the existing alignment. In order to maintain Lick Creek as a wildlife travel corridor, we further recommend that this crossing should be spanned by a new bridge, not by culverts. An area beneath the bridge on both sides of the creek should be left as bare earth rather than covered with rip-rap. P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-4181 FAX 919-715-3085 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper State of North Carolina Department of Environment, - - TVA, Health and Natural Resources AAM?4& Division of Parks & Recreation James B. Hunt, Jr., Governor p E H N Jonathan B. Howes, Secretary Dr. Philip K. McKnelly, Director September 4, 1996 MEMORANDUM TO: Phil Harris Department of Transportation FROM: - Marshall Ellis N1 k ? ?. 6Z Planning and Natural Resources Section SUBJECT: Section 4(f) Evaluation and Approval for Bridge #91 on SR 1809 over Lick Creek, Durham County. Reference Number B-2964. The Division of Parks and Recreation has reviewed this project and does not have any objections to the plans outlined in the Section 4(f) evlauation. However, since this stream flows into Falls Lake State Recreation Area, we would like to offer the following comments: 1. The division's Natural Heritage Program database has no records of rare species or high quality natural communities at this site. However, we note that there are high quality examples of bottomland forest and Piedmont/low mountain alluvial forest along Lick Creek downstream of this site. 2. There are several areas downstream along Lick Creek that have been designated as high quality sites by the Natural Heritage Program and local conservation organizations. Much of the vegetation in and around these natural areas is reasonably undisturbed. Based on these points, the division requests that best management practices be carefully administered to minimize erosion and siltation during the construction phase. Also, the division requests that only native species be used to revegetate the site following construction. Thank you for the opportunity to comment on this project. Please contact the Division at 733- 4181 if you need additional information. /me P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-4181 FAX 919-715-3085 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper May 15, 1996 Page 4 of 4 U.S. ARMY CORPS OF ENGINEERS, WILMINGTON DISTRICT, COMMENTS ON: "Request for Comments for Group XI Bridge Replacement Projects" in various Eastern North Carolina counties 2. WATERS AND WETLANDS: (Continued) For additional information, please contact the following individuals: Raleigh Field Office - Jean Manuele at (919) 876-8441, Extension 24, for Wilson County Eric Alsmeyer at (919) 876-8441, Extension 23, for Durham County Washington Field Office - Mike Bell at (919) 975-1616, Extension 26, for Greene, Pitt, and Wayne Counties Wilmington Field Office - Scott McLendon at (910) 251-4725 for Brunswick, Cumberland, Columbus, Robeson, Scotland, Duplin, Pender, and Bladen Counties 3. U.S. ARMY CORPS OF ENGINEERS PROJECTS: POC - Dan Keir, Natural Resources Management Section, at (910) 251-4826 The Natural Resources Management Section concurs in the Bridge No. 91 ioplacam"ant vvci Lick Craak in Durhal,, County. nowevei, this 1C?JIGI CIIICIII 11Idy involve Corps lands from the Falls Lake project: We request review of preliminary plans and environmental reports so that we can grant the NCDOT an easement, right- of-entry, or other real estate requirement if the work is outside of the Department's existing right-of-way. Requests for lands use should be submitted to Mr. Lloyd Williamson, Project Manager, at Falls Lake. The address is as follows: Mr. Lloyd Williamson Falls Lake Project Manager 11405 Falls of the Neuse Road Wake Forest, North Carolina 27587-9599 Tel: (919) 846-9332 P. 0. Box 29b3b• 1<iielgn, 114 U1 n , ?-ut?m • ? + a.?.swt STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTAm JAMES B. HUNT JR. P.O. BOX 25201, RALEIGH, N.C. 27611-5201 GovERNop, May 25, 1999 U. S. Army Corps of Engineers Raleigh Field Office 6508 Falls of the Neuse Road, Suite 120 Raleigh, North Carolina 27615 ATTENTION: Mr. Eric Alsmeye NCDOT Coordinator Dear SY, r• d4 p ? a NoRR[s TOLSON SECRETARY SUBJECT: Johnston County, Replacement of Bridge No. 124 on SR 1330 over Middle Creek. TIP No. B-3671, State Project No. 8.2312201, Federal Aid Project No. BRZ-1330(3). Please find attached the Categorical Exclusion for the referenced project. The North Carolina Department of Transportation (NCDOT) proposes to replace Bridge No. 124 with a bridge approximately 46 meters (150 feet) in length and 9.1 meters (30 feet) in width on new alignment to the west of the existing bridge. The new bridge. will provide two 3.6 meter (12 foot) lanes with 1 meter (3 foot) shoulders. The approaches will include two 3.6 meter (12 foot) lanes and 2.4 meter (8 foot) shoulders. The shoulders will widen to 3.3 meters (11 feet) where guardrail is required. Total project length will be approximately 700 meters (2300 feet). Traffic will be maintained on the existing bridge during construction. No wetlands will be impacted by the proposed construction and surface water impacts will be restricted to that necessary for construction of bridge footings. The project is being processed by the Federal Highway Administration as a "Categorical Exclusion" (CE) in accordance with 23 CFR 771.115(b). Therefore, we do not anticipate requesting an individual permit but propose to proceed under a Nationwide Permit in accordance r ot with 33 CFR 330 Appendix A (B-23) issued 13 December 1996, by the Corps of Engineers. The provisions of Section 330.4 and Appendix A (C) of these regulations will be followed in the construction of the project. We anticipate that 401 General Water Quality Certification No. 2734 (Categorical Exclusion) will apply to this project, and are providing one copy of the CE document to the North Carolina Department of Environment and Natural Resources, Division of Water Quality, for their review If you have any questions, please contact Ms. Teryn Smith at (919) 733-7844, extension 333. Sincerely, U C- ?- William D. Gilmore, P. E., Manager Project Development anc Environmental Analysis Branch WDG/plr Attachment. cc: Mr. David Franklin, USACE, Wilmington Mr. John Dorney, NCDENR, DWQ Mr. David Cox, NCWRC Mr. Whit Webb, P. E., Program Development Branch Mr. R. L. Hill, P. E., State Highway Engineer - Design Mr. A. L. Hankins, P. E., Hydraulics Unit Mr. William J. Rogers, P. E., Structure Design Unit Mr. Tom Shearin, P. E., State Roadway Design Engineer Mr. D. R. Dupree, P. E., Division 4 Engineer y Johnston County Bridge No. 124 on SR 1330 Over Middle Creek Federal Project BRZ-1330(3) State Project 8.2312201 TIP # B-3671 CATEGORICAL EXCLUSION U. S. DEPARTMENT OF TRANSPORTATION FEDERAL HIGHWAY ADMINISTRATION AND N. C. DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS APPROVED: Date .4;* William Gilmore, P. E., Manager Project Development and Environmental Analysis I I B-Swj i JM414e2,? DateterNicholas Graf, P. E. Division Administrator, FHWA a v Johnston County Bridge No. 124 on SR 1330 Over Middle Creek Federal Project BRZ-1330(3) State Project 8.2312201 TIP # B-3671 CATEGORICAL EXCLUSION January 1999 Documentation Prepared in Planning and Environmental Branch By: /r Jeff I g Pro' ct Tanning E ineer 114 h e '?771' -" -)? /-/ y- Wayne Elliott Bridge Project Planning Engineer, Unit Head Lubin V. Prevatt, P. E., Assistant Manager Project Development and Environmental Analysis Johnston County Bridge No. 124 on SR 1330 Over Middle Creek Federal Project BRZ-1330(3) State Project 8.2312201 TIP # B-3671 Bridge No. 124 is located in Johnston County on SR 1330 crossing over Middle Creek. It is programmed in the Draft 2000-2006 Transportation Improvement Program (TIP) as a bridge replacement project. This project is part of the Federal Aid Bridge Replacement Program and has been classified as a "Categorical Exclusion". No substantial environmental impacts are expected. 1. SUMMARY OF RECOMMENDATIONS Bridge No. 124 will be replaced as recommended in Alternate 2 with a bridge approximately 46 meters 4150 feet) in length and 9.1 meters (30 feet) in width on new alignment to the west. Traffic will be maintained on the existing bridge during construction. The new bridge will provide two 3.6 meter (12 foot) lanes with 1 meter (3 foot) shoulders. The approaches will include two 3.6 meter (12 foot) lanes and 2.4 meter (8 foot) shoulders. The shoulders will widen to 3.3 meters (11 feet) where guardrail is required. Total project length will be approximately 700 meters (2300 feet). Based on preliminary design work, the design speed for the permanent alignment will be 80 km/h (50 mph). The estimated cost of the project is $ 1,173,000 including $ 1,150,000 in construction costs and $ 23,000 in right of way costs. The estimated cost shown in the Draft 2000-2006 TIP is $ 702,000. II. SUMMARY OF PROJECT COMMITMENTS All standard procedures and measures will be implemented to avoid or minimize environmental impacts. All practical Best Management Practices (BMP's) including the implementation of High Quality Waters (HQW) erosion control (Design Standards in Sensitive Watersheds) will be installed and maintained throughout project construction. Drainage on the bridge will be designed so that runoff is not directly discharged into Middle Creek. During construction, wet concrete will not contact stream water. Mr. Tim Savidge of NCDOT-Planning and Environmental Branch (919-733- 3141), Mr. David Cox of the NCWRC (919-528-9886), Mr. John Alderman of NCWRC (919-542-5331), and Ms. Candice Martino of USFWS (919-856-4520x18) will be invited to the preconstruction meeting held before the contractor is ready to begin project construction. In accordance with the provisions of Section 404 of the Clean Water Act (33 U.S.C. 1344), a permit will be required from the Corps of Engineers for the discharge of dredged or fill material into "Waters of the United States." A Nationwide Permit 33 CFR 330.5(a)(23) is likely to be applicable for all impacts to Waters of the United States resulting from the project. North Carolina Division of Water Quality (DWQ) Section 401 Water Quality General Certification will be obtained prior to issuance of the Section 404 permit. Further archaeological work will be conducted to relocate and define the boundaries of sites 31JT292 and 31JT293, and on the levee south of Middle Creek to determine if significant archaeological resources are present. If these sites are determined to be significant, and they cannot be avoided by construction, archaeological data recovery may be necessary to mitigate adverse impacts. Additional consideration under Section 4(f) of the Department of Transportation Act will very likely not be required, as the significance of these sites lies in the information that can be retrieved through data recovery. III. ANTICIPATED DESIGN EXCEPTIONS NCDOT does not anticipate any design exceptions will be likely. IV. EXISTING CONDITIONS SR 1330 is classified as a Rural Minor Collector in the Statewide Functional Classification System. Traffic volume is currently 2600 vehicles per day (VPD) and is projected to be 5300 VPD in the year 2025. There is no posted speed limit on this section of SR 1330. There are 17 school buses that cross the bridge a total of 41 times per day. The existing bridge was completed in 1949. It is 32 meters (105 feet) long. There is approximately 5.2 meters (17 feet) of vertical clearance between the bridge deck and streambed. The two travel lanes provide 5.8 meters (19 feet) of bridge roadway width. According to Bridge Maintenance Unit records, the sufficiency rating of the bridge is 8.6 out of a possible 100. Presently the bridge is posted 17 tons for single vehicles and 24 tons for truck-tractor semi-trailers (TTST's). 2 The horizontal and vertical roadway alignments south of the bridge are both good. Directly north of the bridge is a horizontal and a vertical curve. The approaches to the bridge have a pavement width of approximately 5.5 meters (18 feet). Shoulders on the approaches are approximately 1.8 to 2.4 meters (6 to 8 feet) wide. The Traffic Engineering Branch reports that from December 1994 to December 1997, 8 accidents were reported in the vicinity of the bridge, including 5 running off the road type and 2 sideswipes. In the spring of 1998, there was an accident involving 3 fatalities in Middle Creek at the existing bridge. The weekend following the fatal accident, two cars collided in a head on crash at the bridge site. V. PROPOSED ALTERNATIVES There are two "build" options considered in this document. They are as follows: Alternate 1 would replace the existing Bridge No. 124 with a bridge approximately 46 meters (150 feet) in length at approximately the same location and roadway elevation. Traffic would be maintained on site using a temporary detour alignment to the west of the existing bridge. The on site detour would require a temporary bridge approximately 27.4 meters (90 feet) in length. Alternate 2 would replace the existing Bridge No. 124 with a bridge approximately 46 meters (150 feet) in length on new alignment west of the existing roadway. Traffic would be maintained on the existing bridge during construction. Any alternative involving road closure would not be justifiable. Road user cost analysis indicates that vehicles routinely using SR 1330 would experience a travel cost increase of approximately $ 1,264,000 if the road were closed. This cost is based on 2600 vehicles per day traveling an average additional distance of approximately 9.6 kilometers (6 miles) for a nine month construction period. According to the current estimated costs, closing the road and replacing the bridge at existing location would cost approximately $ 240,000 less than Alternate 2, which would maintain traffic during construction. Comparing the user cost of $ 1,264,000 to the $ 240,000 cost of maintaining traffic on site results in a benefit-cost ratio of approximately 5.3. Therefore, from a road user analysis perspective, maintenance of traffic is economically justified. "Do-nothing" is not practical, requiring the eventual closing of the road as the existing bridge completely deteriorates. Rehabilitation of the existing deteriorating bridge is neither practical nor economical. VI. ESTIMATED COST COMPONENT ALTERNATE 1 ALTERNATE 2 New Bridge Structure Bridge Removal Roadway & Approaches Temporary Detour Engineering & Contingencies $ 380,000 24,000 203,000 393,000 150,000 $ 380,000 24,000 466,000 0 130,000 Total Construction $ 1,150,000 $ 1,000,000 Right of Way $ 23,000 $ 24,000 Total Cost $ 1,173,000 $ 1,024,000 VII. RECOMMENDED IMPROVEMENTS Bridge No. 124 will be replaced as recommended in Alternate 2 with a bridge approximately 46 meters (150 feet) in length and 9.1 meters (30 feet) in width on new alignment to the west. Traffic will be maintained on the existing bridge during construction. The new bridge will provide two 3.6 meter (12 foot) lanes with 1 meter (3 foot) shoulders. The approaches will include two 3.6 meter (12 foot) lanes and 2.4 meter (8 foot) shoulders. The shoulders will widen to 3.3 meters (11 feet) where guardrail is required. Total project length will be approximately 700 meters (2300 feet). Based on preliminary design work, the design speed for the permanent alignment will be 80 km/h (50 mph). Neither alternate would impact wetlands. Alternate 1 would have a greater effect on surface waters due to the temporary detour. Either alternate would require further archaeological investigations. Alternate 2 would provide a safer roadway alignment than Alternate 1. The division engineer recommends Alternate 2. There has been considerable concern over the safety of the bridge approaches due to the frequency and severity of 4 accidents near the bridge. The alignment for Alternate 2 improves the safety of the northern approach by providing a flatter curve. NCDOT recommends Alternate 2 because it maintains traffic throughout construction, is the most economical, and improves the alignment and safety of the roadway. VIII. ENVIRONMENTAL EFFECTS A. GENERAL This project is expected to have an overall positive impact. Replacement of the existing inadequate bridge will result in safer traffic operations. This project is considered to be a "Categorical Exclusion" due to its limited scope and insignificant environmental consequences. This bridge replacement will not have a substantial adverse effect on the quality of the human or natural environment by implementing the environmental commitments listed in Section II of this document in addition to use of current NCDOT standards and specifications. The project is not in conflict with any plan, existing land use, or zoning regulation. No change in land use is expected to result from construction of this project. There are no hazardous waste impacts. No adverse effect on families or communities is anticipated. There will be no relocatees. Right-of-way acquisition will be limited. No adverse effect on public facilities or services is expected. The project is not expected to adversely affect social, economic, or religious opportunities in the area. The proposed bridge replacement project will not raise the existing flood levels or have any significant adverse effect on the existing floodplain. There are underground fiber optic and telephone lines running parallel to the bridge on the east side. Utility impacts will be low. B. AIR AND NOISE This project is an air quality "neutral" project, so it is not required to be included in the regional emissions analysis and a project level CO analysis is not required. The project is located in Johnston County, which has been determined to be in compliance with the National Ambient Air Quality Standards. 40 CFR part 51 is not applicable, because the proposed project is located in an attainment area. This project is not anticipated to create any adverse effects on the air quality of this attainment area. The project will not substantially increase traffic volumes. Therefore, it will not have a substantial impact on noise levels. Temporary noise increases may occur during construction. C. LAND USE & FARMLAND EFFECTS The project is located in a rural region of western Johnston County. The road connects the Cleveland community to Interstate 40. There are no urbanized land uses in the project area. Land in the project area is classified as agricultural/residential. The Farmland Protection Policy Act requires all federal agencies or their representatives to consider the impacts of land acquisition and construction projects on prime and important farmland soils. The Natural Resources Conservation Service (NRCS) was asked to determine whether the alternates under consideration will impact prime or important farmland soil. The NRCS determined that the proposed bridge replacement will not impact prime or important farmland. D. HISTORICAL EFFECTS & ARCHAEOLOGICAL EFFECTS Upon review of area photographs, aerial photographs, and cultural resources databases, the State Historical Preservation Office (SHPO) recommended that an architectural historian with NCDOT determine whether the boundaries for the Polenta Historic District extend into the project's area of potential effect. After examination by NCDOT and review by the Federal Highway Administration and SHPO, it was agreed that there are no properties eligible for or listed on the National Register of Historic Places within the project's area of potential effect. During an archaeological study within the proposed construction corridor, two prehistoric sites were identified, 31 JT292 and 31 JT293. Preliminary investigations indicated that these sites may contain significant information about the prehistory of the area. Additional archaeological investigation will be needed at both sites, as well as along the levee south of Middle Creek where prehistoric ceramics were recovered. Archaeological work will define site boundaries and assess the significance of these sites. If these sites are determined to be significant, and they cannot be avoided by construction, archaeological data recovery may be necessary to mitigate adverse impacts. Additional consideration under Section 4(f) of the Department of Transportation Act will very likely not be required, as the significance of these sites lies in the information that can be retrieved through data recovery. E. NATURAL RESOURCES PHYSICAL RESOURCES Regional Characteristics Johnston County lies in the eastern central part of North Carolina in the middle and upper parts of the Piedmont physiographic region. About 15 percent of the county is on the flood plains and terraces along the Neuse River and its tributaries. Elevations range from about 22.9 meters (75.0 feet) to 112.9 meters (370.0 feet) above sea level. The Neuse River bottom has very little relief. The large interstream areas in the eastern and southern parts of the county also are nearly level and have low relief. Soils There are two soil types located in the project area. A brief description of each soil type is provided. • Wedowee sandy loam 8-15 percent slope (WoD) This well drained very deep soil is found on side slopes in the uplands of the Piedmont. It has moderate permeability and water capacity. The shrink-swell potential is moderate and it has rapid surface runoff. The depth to bedrock is about 60 inches. The main limitations are slope and runoff, severe hazard of erosion and slope. The Capability Subclass is IVe. • Wehadkee loam, frequently flooded 0-2 percent slope (WT) This poorly drained very deep soil is found on flood plains generally along streams. Permeability is moderate, and available water capacity is high. Surface runoff is slow, and the seasonal high water table is at the surface or within a depth of 1 feet. This soil is frequently flooded for brief periods throughout the year. The main limitation of this soil are flooding and wetness. The Capability Subclass is VIw. The U.S. Department of Agriculture Soil Conservation Service (June 1991) lists this soil as Hydric. Water Resources This section contains information concerning surface water resources likely to be impacted by the proposed project. Water resource assessments include the physical characteristics, best usage standards, and water quality aspects of the water resources, along with their relationship to major regional drainage systems. Probable impacts to surface water resources are also discussed, as are means to minimize impacts. Best Usage Classification Water resources within the study area are located in the Neuse River Drainage Basin. There is one water resource in the project area as SR 1330 crosses Middle Creek. Streams have been assigned a best usage classification by the Division of Water Quality (DWQ), formerly Division of Environmental Management (DEM), which reflects water quality conditions and potential resource usage. Middle Creek [DEM Index No. 27-43- 15-(4), 5/1/88] is classified as C NSW. Class C refers to waters suitable for aquatic life propagation and survival, fishing, wildlife, secondary recreation and agriculture. NSW (Nutrient Sensitive Waters) refers to waters that require limitations on nutrient inputs. No waters classified as High Quality Waters (HQW), Water Supplies (WS-1 or WS-II) or Outstanding Resource Waters (ORW) occur within 1.6 kilometer (1.0 mile) of the project study area. Physical Characteristics of Surface Waters Middle Creek at SR 1330 is approximately 13.7-15.3 meters (45-50 feet) wide. The substrate in the study area is composed of sand, silt and clay. The stream bank vegetation consists of the same species as the surrounding levee forest community. Water Quality This section describes the quality of the water resources within the project area. Potential sediment loads and toxin concentrations of these waters from both point sources and nonpoint sources are evaluated. Water quality assessments are made based on published resource information and existing general watershed characteristics. These data provide insight into the value of water resources within the project area to meet human needs and to provide habitat for aquatic organisms. Benthic Macroinvertebrate Ambient Network The Benthic Macroinvertebrate Ambient Network (BMAN), managed by the DWQ, is part of an ongoing ambient water quality monitoring program which addresses long term trends in water quality. The program monitors ambient water quality by sampling at fixed sites for selected benthic macroinvertebrates organisms, which are sensitive to water quality conditions. Samples are evaluated on the number of taxa present of intolerant groups [Ephemeroptera, Plecoptera, Trichoptera (EPT)] and a taxa richness value (EPT S) is calculated. A biotic index value is also calculated for the sample that summarizes tolerance data for all species in each collection. The two rankings are given equal weight in final site classification. The biotic index and taxa richness values primarily reflect the effects of chemical pollution and are a poor measure of the effects of such physical pollutants as sediment. There are no BMAN data sites located in the project area. Point Source Dischargers Point source dischargers located throughout North Carolina are permitted through the National Pollutant Discharge Elimination System (NPDES) program administered by the DEM. All dischargers are required to register for a permit. The DWQ NPDES report lists no permitted discharger into Middle Creek directly upstream or in the project area. Summary of Anticipated Impacts Impacts to water resources in the project area are likely to result from activities associated with project construction. Activities likely to result in impacts are clearing and grubbing on streambanks, riparian canopy removal, instream construction, fertilizers and pesticides used in revegetation, and pavement installation. The following impacts to surface water resources are likely to result from the above mentioned construction activities. • Increased sedimentation and siltation downstream of the crossing and increased erosion in the project area. • Changes in light incidence and water clarity due to increased sedimentation and vegetation removal. • Alteration of water levels and flows due to interruptions and/or additions to surface and ground water flow from construction. • Changes in and destabilization of water temperature due to vegetation removal. • Increased nutrient loading during construction via runoff from exposed areas. • Increased concentrations of toxic compounds in highway runoff. • Increased potential for release of toxic compounds such as fuel and oil from construction equipment and other vehicles. • Alteration of stream discharge due to silt loading and changes in surface and groundwater drainage patterns. In order to minimize potential impacts to water resources in the project area, NCDOT's Best Management Practices for the Protection of Surface Waters will be strictly enforced during the construction phase of the project. Limiting instream activities and revegetating stream banks immediately following the completion of grading can further reduce impacts. BIOTIC RESOURCES Biotic resources include terrestrial and aquatic communities. This section describes the biotic communities encountered in the project area, as well as the relationships between fauna and flora within these communities. The composition and distribution of biotic communities throughout the project area are reflective of topography, soils, hydrology, and past and present land uses. Descriptions of the terrestrial systems are presented in the context of plant community classifications. Representative animal species that are likely to occur in these habitats (based on published range distributions) are also cited. Terrestrial Communities Three terrestrial communities, disturbed/maintained, levee forest, and pine plantation exist within the project area. Disturbed/maintained Disturbed/maintained lands are intensively managed where human structures or activities preclude natural plant succession. These areas include a fallow field and maintained roadside and extend along the majority of the project. The dominant species in this community include fescue, wild geranium, jasmine, trumpet creeper, Virginia creeper, shepherd's purse, broomsedge, and scattered saplings of the levee forest community. Pine Plantation This community is located on the northwest side of SR 1330 at the beginning of the project. The maintained roadside to the south and east and the levee forest to the north border it. The community is dominated by young loblolly pines. Levee Forest The levee forest extends along both sides of Middle Creek in the project area. The pine forest to the southwest and a disturbed/maintained residential yard to the northeast border it. This community contains a canopy of ironwood, river birch, sycamore, water oak, black cherry, black gum, sweetgum, and loblolly pine. The understory includes flowering dogwood, elm, red maple, American holly, sassafras, and loblolly pine saplings. The shrub layer consists of japanese honeysuckle, coral honeysuckle, catbrier, poison ivy, river oats, grape, and ebony spleenwort. Terrestrial Impacts Impacts to terrestrial communities will result from project construction due to the clearing and paving of portions of the project area, and thus the loss of community area. The following table summarizes potential losses to these communities, resulting from project construction. Calculated impacts to terrestrial communities reflect the relative abundance of each community present in the study area. Estimated impacts are derived based on the entire proposed right-of-way width of 24.4 & 18.3 meters (80.0 & 60.0 feet). However, project construction often does not require the entire right-of-way; therefore, actual impacts may be considerably less. 10 Estimated area impacts to terrestrial communities. Community Impacted Area.hectares (acres) Alternate 1 Alternate 2 Disturbed/Maintained Roadside 0.20 (0.5) 0.90 (2.2) Levee Forest 0.10 (0.3) 0.20 (0.6) Pine Plantation 0.06 (0.1) 0.20 (0.5) Total Impacts 0.36 (0.9) 1.3 (3.3) Aquatic Impacts Impacts to the aquatic community of Middle Creek will result from the replacement of Bridge No. 124. Impacts are likely to result from the physical disturbance of aquatic habitats (i.e. substrate, water quality, stream banks). Disturbance of aquatic habitats has a detrimental effect on aquatic community composition by reducing species diversity and the overall quality of aquatic habitats. Physical alterations to aquatic habitats can result in the following impacts to aquatic communities. • Inhibition of plant growth. • Clogging of feeding structures of filter-feeding organisms, gills of fish, and the burial of benthic organisms. • Algal blooms resulting from increased nutrient concentrations. • Mortality among sensitive organisms resulting from introduction of toxic substances and decreases in dissolved oxygen. • Destabilization of water temperature resulting from riparian canopy removal. • Loss of benthic macroinvertebrates through scouring resulting from an increased sediment load. Impacts to aquatic communities can be minimized by minimizing riparian canopy removal, limiting instream construction, revegetation immediately following the completion of grading activities, and strict adherence to BMP's. JURISDICTIONAL TOPICS This section provides inventories and impact analyses pertinent to two substantial regulatory issues: Waters of the United States and rare and protected species. These issues retain particular importance because of federal and state mandates that regulate their protection. This section deals specifically with the impact analyses required to satisfy regulatory authority prior to project construction. Waters of the United States Surface waters and wetlands fall under the broad category of "Waters of the United States," as defined in Section 33 of the Code of Federal Register (CRF) Part 328.3. Any action that proposes to dredge or place fill material into surface waters or wetlands falls under the jurisdiction of the U.S. Army Corps of Engineers (COE) under II Section 404 of the Clean Water Act (33 U.S.C. 1344). Surface waters include all standing or flowing waters which have commercial or recreational value to the public. Wetlands are identified based on the presence of hydric soils, hydrophytic vegetation, and saturated or flooded conditions during all or part of the growing season. Characteristics of Wetlands and Surface Waters Criteria to delineate jurisdictional wetlands include evidence of hydric soils, hydrophytic vegetation and hydrology. There are no wetlands found in the project area. Impacts to jurisdictional surface waters are calculated based on the linear feet of the stream that is located within the proposed right-of-way. A length of 24.4 meters (80 feet) of Middle Creek and 0.04 hectares (0.09 acres) of stream bed will be impacted by the proposed permanent bridge replacement. The temporary bridge required in Alternate 1 would impact 18.3 meters (60 feet) of Middle Creek and 0.03 hectares (0.07 acres) of stream bed. Permits Impacts to jurisdictional surface waters are anticipated from the proposed project. As a result, construction activities will require permits and certifications from various regulatory agencies in charge of protecting the water quality of public water resources A Nationwide Permit 33 CFR 330.5(a) (23) is likely to be applicable for all impacts to Waters of the United States resulting from the proposed project. This permit authorizes activities undertaken, assisted, authorized, regulated, funded or financed in whole, or part, by another Federal agency or department where that agency or department has determined the pursuant to the council on environmental quality regulation for implementing the procedural provisions of the National Environmental Policy Act: • (1) 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; • (2) that 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. This project will also require a 401 Water Quality Certification from the DWQ prior to the issuance of the Nationwide Permit. Section 401 of the Clean Water Act requires that the state issue or deny water certification for any federally permitted or licensed activity that may result in a discharge to Waters of the United States. Section 401 Certification allows surface waters to be temporarily impacted for the duration of the 12 construction or other land manipulation. The issuance of a 401 permit from the DWQ is a prerequisite to issuance of a Section 404 permit. Avoidance, Minimization, Mitigation The COE has adopted through the Council on Environmental Quality (CEQ) a wetland mitigation policy which embraces the concept of "no net loss of wetlands" and sequencing. The purpose of this policy is to restore and maintain the chemical, biological and physical integrity of Waters of he United States, specifically wetlands. Mitigation of wetland impacts has been defined by the CEQ to include: avoiding impacts (to wetlands), minimizing impacts, rectifying impacts, reducing impacts over time and compensating for impacts (40 CFR 1508.20). Each of these three aspects (avoidance, minimization and compensatory mitigation) must be considered sequentially. Avoidance mitigation examines all appropriate and practicable possibilities of averting impacts to Waters of the United States. According to a 1990 Memorandum of Agreement (MOA) between the Environmental Protection Agency (EPA) and the COE, in determining "appropriate and practicable" measures to offset unavoidable impacts, such measures should be appropriate to the scope and degree of those impacts and practicable in terms of cost, existing technology and logistics in light of overall project purposes. Minimization includes the examination of appropriate and practicable steps to reduce the adverse impacts to Waters of the United States. Implementation of these steps will be required through project modifications and permit conditions. Minimization typically focuses on decreasing the footprint of the proposed project through the reduction to median widths, right-of-way widths, fill slopes and/or road shoulder widths. Compensatory mitigation in not normally considered until anticipated impacts to Waters of the United States have been avoided and minimized to the maximum extent possible. It is recognized that "no net loss of wetlands" functions and values may not be achieved in each and every permit action. Appropriate and practicable compensatory mitigation is required for unavoidable adverse impacts that remain after all appropriate and practicable minimization has been required. Compensatory actions often include restoration, creation and enhancement of Waters of the United States, specifically wetlands. Such actions should be undertaken in areas adjacent to or contiguous to the discharge site. Compensatory mitigation is required for those projects authorized under Nationwide Permits that result in the fill or alteration of. More than 0.45 hectare (1.0 acre) of wetlands will require compensatory mitigation; And/or more than 45.7 meters (150.0 linear feet) of streams will require compensatory mitigation. 13 No wetlands will be impacted by the project. Impacts to surface waters will be minimized as much as practicable. Written approval of the final mitigation plan is required from the DWQ prior to the issuance of a 401 Certification. Final permit/mitigation decisions rest with the COE. Rare and Protected Species Some populations of fauna and flora have been in, or are in, the process of decline either due to natural forces or their inability to coexist with human development. Federal law (under the provisions of the Endangered Species Act of 1973, as amended) requires that any action, likely to adversely affect a species classified as federally-protected, be subject to review by the United States Fish and Wildlife Service (FWS). Other species may receive additional protection under separate state laws. Federally-Protected Species Plants and animals with federal classifications of Endangered (E), Threatened (T), Proposed Endangered (PE), and Proposed Threatened (PT) are protected under the provisions of Section 7 and Section 9 of the Endangered Species Act of 1973, as amended. As of 14 May 1998, the FWS lists three federally protected species for Johnston County. A brief description of the characteristics and habitat requirements for these species along with a conclusion regarding potential project impacts is provided. Federally Protected Species for Johnston County. Common Name Scientific Name Status Red-cockaded woodpecker Picoides borealis Endangered Dwarf wedge mussel Alasmidonta heterodon Endangered Michaux's sumac Rhus michauxii Endangered Note: • "Endangered" denotes a species in danger of extinction throughout all or a significant portion of its range. Picoides borealis (red-cockaded woodpecker) Endangered Animal Family: Picidae Date Listed: 13 October 1970 The adult red-cockaded woodpecker (RCW) has a plumage that is entirely black and white except for small red streaks on the sides of the nape in the male. The back of the RCW is black and white with horizontal stripes. The breast and underside of this woodpecker are white with streaked flanks. The RCW has a large white cheek patch surrounded by the black cape, neck, and throat. The RCW uses open old growth stands of southern pines, particularly longleaf pines for foraging and nesting habitat. A forested stand must contain at least 50% pine, lack a thick understory, and be contiguous with other stands to be appropriate habitat for the RCW. These birds nest exclusively in trees that are >60years old and are contiguous with pine stands of at least 30 years of age. The foraging 14 range of the RCW is up to 200 hectares (500 acres). This acreage must be contiguous with suitable nesting sites. These woodpeckers nest exclusively in living pine trees and usually in trees that are infected with the fungus that causes red-heart disease. Cavities are located in colonies from 3.6 to 30.3 meters (12 to 100 feet) above the ground and average 9.1 to 15.7 meters (30 to 50 feet) high. They can be identified by a large encrustation of running sap that surrounds the tree. The RCW lays its eggs in April, May, and June; the eggs hatch approximately 38 days later. BIOLOGICAL CONCLUSION: NO EFFECT The mature, open pine stands that the RCW needs are not present in the project area. The pines that exist in the project area are too young to provide nesting habitat for RCW and do not contain the large open tracts of foraging habitat required by the RCW. The North Carolina Natural Heritage Program database was checked and there were no records of existing populations of RCW in the project area. No habitat for RCW exists in the project area. Thus, no impacts to RCW will occur from project construction. Alasmidonta heterodon (dwarf wedge mussel) Endangered Animal Family: Unionidae Date Listed: 3/14/90 The dwarf wedge mussel is a small mussel having a distinguishable shell noted by two lateral teeth on the right half and one on the left half. The periostracum (outer shell) is olive green to dark brown in color and the nacre (inner shell) is bluish to silvery white. The dwarf-wedge mussel has been documented from portions of Middle Creek. Middle Creek, however, continues to be degraded by various sources and dwarf-wedge mussel has not been found in the creek in recent years. The subject project was surveyed for the presence of mussel fauna on August 20, 1998. The survey was conducted from approximately 40 meters downstream of the bridge to just 10 meters above the bridge using SCUBA and took 1.5 hours to complete. Water depth ranged from 1.5 meters to 3 meters. Water clarity was poor and tactile methods were predominantly used. The substrate of Middle Creek in this stretch is heavily sedimented with fine silt and occasionally coarse sand, and is generally unsuitable for mussel fauna. Dwarf-wedge mussel was not located. The introduced Asian clam is common at the site. Areas of suitable substrate were found in Middle Creek approximately 6.5 kilometers downstream of the project area (next bridge crossing). Elliptio mussels were easily located in these areas and it is possible that dwarf-wedge mussel occurs downstream of the project area. BIOLOGICAL CONCLUSION: NOT LIKELY TO ADVERSELY AFFECT 15 Given the survey results, it is apparent that that dwarf-wedge mussel does not occur within the project area. Because the dwarf-wedge mussel is historically known from Middle Creek there is a slight potential for this species to occur downstream of the project area. The implementation of High Quality Waters (HQW) erosion control (Design Standards in Sensitive Watersheds) and a deck drainage design that would prohibit runoff directly discharged into Middle Creek should eliminate the potential for an adverse impact to any dwarf-wedge mussel populations that might occur downstream of the project area. Rhus michauxii (Michaux's sumac) Endangered Plant Family: Anacardiaceae Date Listed: 28 September 1989 Flowers Present: June Michaux's sumac is a densely pubescent rhizomatous shrub. The bases of the leaves are rounded and their edges are simply or doubly serrate. The flowers of Michaux's sumac are greenish to white in color. Fruits, which develop from August to September on female plants, are a red, densely short-pubescent drupe. This plant occurs in rocky or sandy open woods. Michaux's sumac is dependent on some sort of disturbance to maintain the openness of its habitat. It usually grows in association with basic soils and occurs on sand or sandy loams. Michaux's sumac grows only in open habitat where it can get full sunlight. Michaux's sumac does not compete well with other species, such as Japanese honeysuckle, with which it is often associated. BIOLOGICAL CONCLUSION: NO EFFECT There is habitat for Michaux's sumac in the open disturbed areas found along the roadside of SR 1330 in the project area. The project was walked and surveys for Rhus michauxii were conducted by NCDOT biologists Hal Bain and Teryn Smith on April 24, 1998. No Michaux's sumac was observed. Therefore Michaux's sumac will not be affected by the proposed project construction. 16 `Z! I, 1 11 i fb rtE A? t r t\ i ,% I ,8111 1 1 ? E? w ca n D rr) 1 i ' ? s ? o a?i II 1=r )? cF cd p 'd en U 8 ^zJ e7 ? _ 1 r,. p p t ? ? O ' ? !?"1?,,,,,y1, s, r, . ?? y ? t ! t 1 I Qo ?tP t lp? `loo \ ? pe, 1 ?e,r;,r w; Ir, I+ 1 rl , ? ?!: ? 11 r r r3 Et ?t ,.. ? t r ?tt? ??,?? , .. I ' .._? ,I r 1. •? r , ` ? 1i y1 ,? l.c 1 '??,? t lip .r .. \ f I '? I' i?? ?ii lj ?i I) ?? " 1 ? •?? ?, Ir i t '. ?C?y ? Yt t`? li ,..:,i d?l k'?t4: , i ytl I? ?,? ' 3 1 ? / ! 1 r) l5 1r S ' ?'k Rl ?-Y ! .u., ':?i?t;,].-..- .. ??".,t,t.. a!asli'-:,, b„5..., _:d.n.. ?;'. ?. .?. .,,I L1,+9?-;:?„ Y'jil 'rt, ll? '.(i?' .r't` .i•.! j ?,?r. ? ,. rr' >~ O ? 1 1 bb i? O Ol) bl) C) CIS O C:t r 1'.. Id r rt, ?.4 -. f,. jlr ;'r P.? fort , n I 1.: # ) ?- I qq}} J y t !' } t•. r?? r• . I, J 1 1 1 li ( 6 Irl ,i:,, l ? 1 1 - tAl " It " v1. SOUTH APPROACH LOOKING NORTH MOD- NORTH - APPROACH LOOKING SOUTH FIGURE 3 ATTACHMENTS QP i ENT Op United States Department of the Interior C? ym 0 FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 ?qRC3 `aa9 Raleigh, North Carolina 27636-3726 December 1, 1998 Mr. William D. Gilmore, Manager Planning and Environmental Branch North Carolina Department of Transportation PO Box 25201 Raleigh, NC 27611-5201 ATTN: Jeff Ingham, Project Planning Engineer RE: 1) Replacement of Bridge No.124 on SR 1330 over Middle Creek, Johnston County NC, TIP No.B-3671 Dear Mr. Gilmore: The U.S. Fish and Wildlife (Service) has reviewed your November 13, 1998 letter regarding the above-referenced project in Johnston County in North Carolina. Our comments are provided in accordance with Section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543) (Act). Based on the North Carolina Department of Transportation's agreement to implement High Quality Waters (HQW) erosion control, the Service concurs that this project is not likely to adversely affect the federally-endangered dwarf wedge mussel, or any other federally-listed species in the project area. We believe that the requirements of Section 7 of the Act have been satisfied. We remind you that obligations under Section 7 consultation must be reconsidered if: (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered; (2) this action is subsequently modified in a manner that was not considered in this review; (3) a new species is listed or critical habitat determined that may be affected by the identified action. Thank you for your cooperation with our agency. 40 DEC e 3 199 4 nfA a - Sincerely, Polo gical ervices Supervisor John M. Hefner FWS/R4:CMartino:cm:11-25-98/919-856-4520:WP51:NCDOT:Middle-Ck.NE JIT9 wfv`? d,., srvF a? a= r ww,„wm` North Carolina Department of Cultural Resources James B. Hunt Jr., Governor Betty Ray McCain, Secretary January 8, 1999 Nicholas L. Graf Division Administrator Federal Highway Administration Department of Transportation 310 New Bern Avenue Raleigh, N.C. 27601-1442 Division of Archives and History Jeffrey J. Crow, Director Re: Archaeological survey report for Bridge 124 on SR 1330, Johnston County, Federal Aid No. BRZ- 1330(3), B-3671, ER 98-8594, ER 99-7781 Dear Mr. Graf: Thank you for your letter of November 12, 1998, transmitting the archaeological survey report by Deborah Joy concerning the above project. We agree with the recommendations that 31 JT292 and 31 JT293 should be tested to determine their eligibility for inclusion in the National Register of Historic Places, if Alternative 2 is selected. We are somewhat perplexed about the ambiguous nature of the find on the levee south of Middle Creek. The recovered artifacts seem to meet the definition of a site provided in the report, and yet no site number has been assigned. If there is some confusion, and these finds do not represent a site, we can not agree to testing a non-site. Review of the report suggests that the levee finds are, indeed, a site and require a site form and a permanent site number. We also agree that this site needs further testing to determine its eligibility. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, please contact Renee Gledhill-Earley, environmental review coordinator, at 919/733-4763. Sincerely, y' Davi Brook Deputy State Historic Preservation Officer DB:slw cc: WV. D. Gilmore T. Padgett `10' i" 1 ? "'N 14 1999 3 ? HIGH WA? Y, &_ 109 East Jones Street • Raleigh, North Carolina 27601-2807 03 '04 " n North Carolina Department of Cultural Resources James B. Hunt Jr., Governor Betty Ray Ap F'fr,"1r698 Nicholas L. Graf Division Administrator Federal Highway Administration Department of Transportation 310 New Bern Avenue Raleigh, N.C. 27601-1442 Re: Bridge 124 on SR 1330 over Middle Creek, Johnston County, B-3671, Federal Aid Project BRZ-1330(3), ER 98-8594 Dear Mr. Graf: Division of Archives and History Jeffrey J. Crow, Director EI' U A?, l 7 1998 ofV1?,+uP ?' H1GHK,,',.SF ???RONM??L We regret staff was unable to attend the scoping meeting for the above project on March 26, 1998. However, Debbie Bevin met with Jeff Ingham of the North Carolina Department of Transportation (NCDOT) on April 2, 1998, to discuss the project and view the project photographs and aerial. Based upon our review of the photographs and the information discussed at the meeting, we offer our preliminary comments regarding this project. In terms of historic architectural resources, the Polenta Historic District (JT 1243), which is included on the state study list, is located to the north of Bridge 124. We recommend that an architectural historian with NCDOT determine whether the boundaries for the Polenta Historic District extend into the project's area of potential effect. We recommend that an archaeological survey be conducted on all areas to be affected by this project. This should include the new bridge site, any temporary detours, bridge and construction areas, new alignment, and all lateral ditches. Having provided this information, we look forward to receipt of either a Categorical Exclusion or Environmental Assessment which indicates how NCDOT addressed our comments. The above comments are made pursuant to Section 106 of the National Historic Preservation Act of 1966 and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106, codified at 36 CFR Part 800. 109 East Jones Street • Raleigh, North Carolina 27601-2807 Nicholas L. Graf April 15, 1998, Page 2 Thank you for your cooperation and consideration. If you have questions concerning the above comment, please contact Renee Gledhill-Earley, environmental review coordinator, at 919/733-4763. Sincerely, } v Da iv Pr o Deputy State Historic Preservation Officer DB:slw cc: -4 F. Vick B. Church T. Padgett TIP # Federal Aid # 1330 3) County ?3?tiyVl CONCURRENCE FORM'?I FOR PROPERTIES NOT ELIGIBLE FOR THE NATIONAL REGISTER OF HISTORIC PLACES On ° , representatives of the North Carolina Department of Transportation (NCDOT) Federal Highway Administration (FHwA) x_ North Carolina State Historic Preservation Office (SHPO) Other reviewed the subject project at . A scoping meeting Historic architectural resources photograph review session/consultation Other All parties present agreed there are no properties over fifty years old within the project's area of potential effect. r _ there are no properties less than fifty years old which are considered to meet Criterion Consideration G within the project's area of potential effect. x Signed: there are properties over fifty years old (list attached) within the project's area of potential effect, but based on the histori al inf ation avai able and the hotogr f each property, properties identified as ( - are considered not eligible for the National Register and no further evaluation of therrr-is- necessary. there are no National Register-listed properties within the project's area of potential effect. I '?-- , ioiiL Repres tative, NCDOT Date FHw for the Div' on Administrator, or other Federal Agency Date ICJ Representative, S O Date If a survey report is prepared, a final copy of this form and the attached list will be included. NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF PARKS AND RECREATION AS? NCDENR March 23, 1998 JAMES B. HUNTJR. GOVERNOR WAYNE MCDEVITT SECRETARY TO: Jeff Ingham, Project Engineer DOT, Planning and Environmental DR. PHILIP K. MCKNELLY DIRECTOR - FROM: Stephen Hall S SUBJECT: Review of Scoping Sheets -- Replace Bridge No. 124, SR 1330, Johnston County REFERENCE: TIP B-3671 The Natural Heritage Program database contains records for several species of rare aquatic animals from Middle Creek. The most significant of these is the dwarf wedgemussel (Alasmidonta heterodon), which is state and federally listed as Endangered. Populations of this species have been found both upstream and downstream from the proposed bridge replacement. State listed species recorded in this reach of Middle Creek include the yellow lancemussel (Elliptio lanceolata) and triangle floater (Alasmidonta undulata) - both of which are listed as Threatened -- and the eastern lampmussel (Lampsilis radiata), which is state listed as Special Concern. In order to avoid impacts associated with sedimentation, we strongly recommend that Best Management Practices for High Quality Waters be employed for this project. Since these species are also vulnerable to concrete toxicity, we further recommend that all concrete used in this project be fully cured before it comes into contact with the water. In order to ensure compliance with these recommendations, all contractors working on this project should be clearly informed in writing of the need to follow these practices, and all work should be closely monitored. Since a federally listed species is potentially present in the project area, the US Fish and Wildlife Service should be consulted regarding the need for additional means to avoid, minimize, or otherwise mitigate for the impacts of this project. P.O. BOX 27687, RALEIGH NC 2761 1-7687 PHONE 919-733-4181 FAX 919-715-3085 AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 5090' RECYCLED/10% POST-CONSUMER PAPER State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor Bill Ross, Secretary Kerr T. Stevens, Director NC Dept. of Transportation Project Development and Environmental Analysis C/o: William D. Gilmore 1548 Mail Service Center Raleigh, NC 27699-1548 /•• NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES January 19, 2001 DWQ # 00-1495 Durham County Page 1 of 2 Re: Durham County, Replacement of Bridge No. 91 over Lick Creek on SR 1809, Federal Aid Project No. BRZ-1809(2), State Project No. 8.2351701; TIP B-2964. Lick Creek [03-04-01; 27-11-(1.5); WS-1V NSW CA] APPROVAL of Neuse River Buffer Rules AUTHORIZATION CERTIFICATE with ADDITIONAL CONDITIONS Dear Mr. Gilmore, You have our approval, in accordance with the attached conditions, to impact ± 3,000 square feet of the protective riparian buffers for the purpose of constructing the flood storage mitigation areas associated with the subject bridge replacement project as described in your application dated 12/19/00. This approval shall act as your Authorization Certificate as required within the Neuse River Riparian Area Protection Rules (15A NCAC 2B .0233). In addition, you should get any other required federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control. This approval is only valid for the purpose and design that you described in your application dated 12/19/00. 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 authorization and approval letter and is thereby responsible for complying with all conditions. For this approval to be valid, you must follow the conditions listed below. o "Grassed swales" with minimum slopes of 3:1 and constructed in accordance with the "NC DENR Stormwater Best Management Practices" as described within your application must be constructed for a minimum length of 230 linear feet in the northwest quadrant and 160 linear feet in the southwest quadrant immediately prior to entering flood storage mitigation areas as described within your application dated 12/19/00. If you do not accept any of the conditions of this authorization, 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, P.O. Box 27447, Raleigh, N.C. 27611- 7447. This authorization and its conditions are final and binding unless you ask for a hearing. Non-Discharge Branch Wetlands/401 Unit 1621 Mail Service Center Raleigh, North Carolina 27669-1621 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post consumer paper a Page 2 of 2 This letter completes the review of the Division of Water Quality under the "No Practical Alternatives" determination required in 15A NCAC 2B .0233(8). If you have any questions, please telephone Bob Zarzecki at 919-733-9726. Sincerely, TCc: Michael Hosey, USACE, Jordan Lake Steve Mitchell, DWQ Raleigh Regional Office File Copy Central Files F N Afi at , '4 Michael F. Easley Governor S' v William G. Ross, Jr., Secretary Department of Environment and Natural Resources G` `s sf `C Kerr T. Stevens Division of Water Quality January 31, 2001 Division of Water Quality Environmental Sciences Branch 1621 Mail Service Center Raleigh, N.C. 27699-1621 FAX:(919) 733-9959 FAX TO: ? %VP `[o,-U I FAX NUMBER: I FROM: &6 Z4r,,." PHONE: `43`3 -Ct }ZCo ? e-mail: NO. OF PAGES INCLUDING THIS SHEET: - z9cVq 'f-'V Customer Service 1 800 623-7748 Division of Water Quality 1617 Mai! Service Center Raleigh, NC 27699-1617 (919) 733-7015 r STATE OF NORTH CAROLINA l? 1 ? J aC?- o JS ?i> lgK ' ,-v APP - DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. GOVERNOR December 19, 2000 North Carolina Department of Environment and Natural Resources Division of Water Quality -Wetlands Attention: Mr. John Dorney 1621 Mail Service Center Raleigh, North Carolina 27699-1621 DAVID MCCOY SECRETARY Subject: Durham County, Replacement of Bridge No. 91 over Lick Creek on SR 1809, Federal Aid Project No. BRZ-1809(2), State Project No. 8.2351701; TIP No. B-2964. Dear Sir: As you are aware, the U. S. Army Corps of Engineers Operations Branch (Ops Branch) and North Carolina Department of Transportation (NCDOT) are working together to perform compensatory mitigation for flood storage loss at Falls Lake Reservoir. To compensate the Ops Branch for loss of flood storage, NCDOT proposes to excavate material adjacent to the bridge replacement project to create flood storage. This excavation work would necessitate a major variance of Neuse River Buffer Rules. Representatives from Ops Branch, N. C. Division of Water Quality (NCDWQ) and NCDOT met on November 28, 2000 to discuss the project. As mentioned in a field review with Bob Zarzecki of your staff, the construction of the excavation area at a 3:1 slope will impact trees located west of the proposed excavation areas. These impacts to trees are a not a preferred option by the Ops Branch. This option would also result in greater impacts to the existing buffer along Lick Creek and its tributary. Therefore, it was determined from this meeting and subsequent a-mails that Ops., Branch and NCDOT would not need to request a major variance if NCDOT includes the construction of grass swales upslope of the proposed excavated areas. Instead,, application for an Authorization Certificate would be needed. Attached to this letter is a design plan for bridge and mitigation construction. The excavated lies in the northwest quadrant [Station No. 14+50 to 15+10-L- (Right)] and the southwest quadrant [Station No. 15+71 to 18+35-L- (Right)]. MAILING ADDRESS: TELEPHONE: 919-733-3141 LOCATION: PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS FAX: 919-733-9794 - TRANSPORTATION BUILDING 1548 MAIL SERVICE CENTER 1 SOUTH WILMINGTON STREET RALEIGH NC 27699-1548 WEBSITE. WWW.DOH.DOT.STATE.NC.US RALEIGH, NC The drainage area for the northwest quadrant is 1.1 acres. The NCDOT plans to construct, in the northwest quadrant, a grassed swale with at least 3:1 slopes from Station No. 12+00 to 14+30 -L- (Right). The length of this grassed swale is 230 feet. This length exceeds the required 110' of grassed swale that is required for this quadrant's drainage area. The drainage area for the southwest quadrant is 1.6 acres. The NCDOT plans to construct, in the southwest quadrant, a grassed swale with at least 3:1 slopes from Station No. 18+50 to 20+10 -L- (Right). The length of this grassed swale is 160 feet. This length meets the required 160' of grassed swale that is required for this quadrant's drainage area. The NCDOT requests that the NCDWQ issue a minor variance of the Neuse River Buffer Rules for the construction of this project. If you have any questions about this project, please contact Mr. Phillip Todd of my staff at (919) 733-7844, Extension 314. Sincerely, W. D. Gilmore, P. E., Manager Project Development and Environmental Analysis Branch WDG/pct cc: Mr. Michael Hosey, USACE, Jordan Lake Mr. Bob Zarzecki, NCDWQ, Raleigh 1 DEM ID: CORPS ACTION ID: TIP No. B-2964 NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #): Buffer Authorize Cert PRE-CONSTRUCTION NOTIFICATION APPLICATION FOR NATIONWIDE PERMITS THAT REQUIRE: 1) NOTIFICATION TO THE CORPS OF ENGINEERS 2) APPLICATION FOR SECTION 401 CERTIFICATION 3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT (SEE AGENCY ADDRESSES SHEET). PLEASE PRINT. 1. OWNERS NAME: NC Dept. of Transportation; Project Development & Environmental Analysis Branch 2. MAILING ADDRESS: 1548 Mail Service Center SUBDIVISION NAME; CITY: Raleigh STATE: NC ZIP CODE: PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME FROM MAILING ADDRESS ABOVE): 3. TELEPHONE NUMBER (HOME): (WORK): 919-733-3141 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: William D. Gilmore , P.E., Manager 5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR AERIAL PHOTOGRAPHY WITH SCALE): COUNTY: Wake NEAREST TOWN OR CITY: Oak Grove 27699-1548 (IF DIFFERENT 1 r' SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): Take NC 98 (from Durham) and make right onto SR 1809 6. IMPACTED OR NEAREST.STREAM/RIVER: Lick Creek RIVER BASIN: Neuse River Basin 7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER (SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER SUPPLY (WS-I OR WS-II)? YES [} NO [X) IF YES, EXPLAIN: 7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)?YES[ ] NO[X] 7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION? No 8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY? YES [X NO IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION): See Cover Letter 8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE? YES [ } NO [X] IF YES, DESCRIBE ANTICIPATED WORK: 9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: 9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: 0.0 acres 2 J 10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: FILLING: FLOODING: DRAINAGE: EXCAVATION: OTHER: TOTAL ACRES TO BE IMPACTED: N/A FT 10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION): LENGTH BEFORE: N/A FT AFTER: WIDTH BEFORE (based on normal high water contours): WIDTH AFTER FT AVERAGE DEPTH BEFORE: FT AFTER: FT (2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY) OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL: CHANNEL EXCAVATION: CONSTRUCTION OF A DAM/FLOODING: OTHER: . excavation within buffer zone 11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED DRAINING TO THE POND? WHAT IS THE EXPECTED POND SURFACE AREA? 12. DESCRIPTION OF PROPOSED WORK INCLUDING-DISCUSSION OF TYPE OF MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: 8 1/2" X 11" DRAWINGS ONLY): excavation within buffer zone to perform compensatory mitigation for flood storage per U.S. Army Corps of Engineers (Operations Branch) 13. PURPOSE OF PROPOSED WORK: improvements of public roadway 0.0 acres FT 3 J 14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS): No Wetland Impacts 15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE (USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED: see CE(ATTACH RESPONSES FROM THESE AGENCIES.) 16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER (SHPO) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED: see CE 17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF PUBLIC (STATE) LAND? YES [X] NO [I (IF NO, GO TO 18) a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT? YES [X] NO [ b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE? YES [X] NO [ IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT. QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH, NORTH CAROLINA 27603-8003, TELEPHONE (919) 733-6369. 4 r J 18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL INTO WETLANDS: a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26, 29, AND 38). ALL STREAMS (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OR 1 INCH EQUALS 100 FEET OR THEIR EQUIVALENT. b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY PROJECT. C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE. d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED. e. WHAT IS. LAND USE OF SURROUNDING PROPERTY? Forested and within lands administered by USACE Operations Branch f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE NOTE: WETLANDS OR WATERS OF THE U.S. MAY NOT BE IMPACTED PRIOR TO: 1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT, 2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF ENVIRONMENTAL MANAGEMENT (WATER QUALITY) CERTIFICATION, AND 3) (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT PROGRAM. , 9x'+ ( . o -D 1 nU'lA.. ,,, ? OWNER'S/AGENT S SIGNATURE 12) lq [/-o,- . I g/ (AGENT'S SIGNATURE VALID ONLY IF AUTHORIZATION LETTER FROM THE OWNER IS PROVIDED (18g.)) 5 d??a STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. GOVERNOR December 19, 2000 North Carolina Department of Environment and Natural Resources Division of Water Quality -Wetlands Attention: Mr. John Dorney 1621 Mail Service Center Raleigh, North Carolina 27699-1621 DAVID MCCOY SECRETARY t 2 JAN 6 20Q1 I> sLt i?lu5 G 011P Subject: Durham County, Replacement of Bridge No. 91 over Lick Creek on SR 1809, Federal Aid Project No. BRZ-1809(2), State Project No. 8.2351701; TIP No. B-2964. Dear Sir: As you are aware, the U. S. Army Corps of Engineers Operations Branch (Ops Branch) and North Carolina Department of Transportation (NCDOT) are working together to perform compensatory mitigation for flood storage loss at Falls Lake Reservoir. To compensate the Ops Branch for loss of flood storage, NCDOT proposes to excavate material adjacent to the bridge replacement project to create flood storage. This excavation work would necessitate a major variance of Neuse River Buffer Rules. Representatives from Ops Branch, N. C. Division of Water Quality (NCDWQ) and NCDOT met on November 28, 2000 to discuss the project. As mentioned in a field review with Bob Zarzecki of your staff, the construction of the excavation area at a 3:1 slope will impact trees located west of the proposed excavation areas. These impacts to trees are a not a preferred option by the Ups Branch. This option would also result in greater impacts to the existing buffer along Lick Creek and its tributary. Therefore, it was determined from this meeting and subsequent e-mails that Ops Branch and NCDOT would not need to request a major variance if NCDOT includes the construction of grass swales upslope of the proposed excavated areas. Instead, application for an Authorization Certificate would be needed. Attached to this letter is a design plan for bridge and mitigation construction. The excavated lies in the northwest quadrant [Station No. 14+50 to 15+10-L- (Right)] and the southwest quadrant [Station No. 15+71 to 18+35-L- (Right)]. MAILING ADDRESS: TELEPHONE: 919-733-3141 LOCATION: PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS FAX: 919-733-9794 TRANSPORTATION BUILDING 1548 MAIL SERVICE CENTER 1 SOUTH WILMINGTON STREET RALEIGH NC 27699-1548 WEBSITE. WWW.DOH.DOT.STATE.NC.US RALEIGH, NC The drainage area for the northwest quadrant is 1.1 acres. The NCDOT plans to construct, in the northwest quadrant, a grassed swale with at least 3:1 slopes from Station No. 12+00 to 14+30 -L- (Right). The length of this grassed swale is 230 feet. This length exceeds the required 110' of grassed swale that is required for this quadrant's drainage area. The drainage area for the southwest quadrant is 1.6 acres. The NCDOT plans to construct, in the southwest quadrant, a grassed swale with at least 3:1 slopes from Station No. 18+50 to 20+10 -L- (Right). The length of this grassed swale is 160 feet. This length meets the required 160' of grassed swale that is required for this quadrant's drainage area. The NCDOT requests that the NCDWQ issue a minor variance of the Neuse River Buffer Rules for the construction of this project. If you have any questions about this project, please contact Mr. Phillip Todd of my staff at (919) 733-7844, Extension 314. Sincerely, W. D. Gilmore, P. E., Manager Project Development and Environmental Analysis Branch WDG/pct cc: Mr. Michael Hosey, USACE, Jordan Lake Mr. Bob Zarzecki, NCDWQ, Raleigh DEM ID: CORPS ACTION ID: TIP No. B-2964 NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #): Buffer Authorize Cert PRE-CONSTRUCTION NOTIFICATION APPLICATION FOR NATIONWIDE PERMITS THAT REQUIRE: 1) NOTIFICATION TO THE CORPS OF ENGINEERS 2) APPLICATION FOR SECTION 401 CERTIFICATION 3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT (SEE AGENCY ADDRESSES SHEET). PLEASE PRINT. 1. OWNERS NAME: NC Dept. of Transportation; Project Development & Environmental Analysis Branch 2. MAILING ADDRESS: 1548 Mail Service Center SUBDIVISION NAME: CITY: Raleigh STATE: NC ZIP CODE: 27699-1548 PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING ADDRESS ABOVE): 3. TELEPHONE NUMBER (HOME): (WORK): 919-733-3141 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: William D. Gilmore , P.E. 5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR AERIAL PHOTOGRAPHY WITH SCALE): COUNTY: Wake NEAREST TOWN OR CITY: Oak Grove 1 SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): Take NC 98 (from Durham) and make right onto SR 1809 6. IMPACTED OR NEAREST STREAM/RIVER: Lick Creek RIVER BASIN: Neuse River Basin 7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER (SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER SUPPLY (WS-I OR WS-II)? YES [} NO [X) IF YES, EXPLAIN: 7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)?YES[ ] NO[X] 7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION? No 8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY? YES [X NO [] IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION): See Cover Letter 8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE? YES [ I NO [X] IF YES, DESCRIBE ANTICIPATED WORK: 9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: 9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: 0.0 acres 2 10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: FILLING: EXCAVATION: FLOODING: OTHER: DRAINAGE: TOTAL ACRES TO BE IMPACTED: 0.0 acres 10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION): LENGTH BEFORE: N/A FT AFTER: N/A FT WIDTH BEFORE (based on normal high water.contours): FT WIDTH AFTER: FT AVERAGE DEPTH BEFORE: FT AFTER: FT (2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY) OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL: CHANNEL EXCAVATION: CONSTRUCTION OF A DAM/FLOODING: OTHER: excavation within buffer zone 11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED DRAINING TO THE POND? WHAT IS THE EXPECTED POND SURFACE AREA? 12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: 8 1/2" X 11" DRAWINGS ONLY): excavation within buffer zone to perform compensatory mitigation for flood storage per U.S. Army Corps of Engineers (Operations Branch) 13. PURPOSE OF PROPOSED WORK: improvements of public roadway 3 14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS): No Wetland Impacts 15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE (USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED: see CE(ATTACH RESPONSES FROM THESE AGENCIES.) 16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER (SHPO) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED: see CE 17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF PUBLIC (STATE) LAND? YES [X] NO [] (IF NO, GO TO 18) a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT? YES [X] NO [ ] b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE? YES [X] NO [I IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT. QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH, NORTH CAROLINA 27603-8003, TELEPHONE (919) 733-6369. 4 18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL INTO WETLANDS: a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26, 29, AND 38). ALL STREAMS (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OR 1 INCH EQUALS 100 FEET OR THEIR EQUIVALENT. b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY PROJECT. C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE. d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED. e. WHAT IS LAND USE OF SURROUNDING PROPERTY? Forested and within lands administered by USACE Operations Branch f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE. NOTE: WETLANDS OR WATERS OF THE U.S. MAY NOT BE IMPACTED PRIOR TO: 1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT, 2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF ENVIRONMENTAL MANAGEMENT (WATER QUALITY) CERTIFICATION, AND 3) (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT PROGRAM. iAl, L w-D. (;i. OWNER'S/AGENT S SIGNATURE z DATE (AGENT'S SIGNATURE VALID ONLY IF AUTHORIZATION LETTER FROM THE OWNER IS PROVIDED (18g.)) 5 Re: Lick Ck Bridge Replacement Floodplain Excavation Subject: Re: Lick Ck Bridge Replacement Floodplain Excavation Date: Fri, 08 Dec 2000 08:25:37 -0500 From: Bob Zarzecki <bob.zarzecki @ncmail.net> To: Phillip Todd <ptodd@dot.state.nc.us> CC: "Todd St. John" <todd.st.john@ncmail.net>, "Hosey, Michael L II SAW" <Michael.L.Hosey.II@saw02.usace.anny.mil>, Steve Mitchell <steve.mitchell@ncmail.net>, John Hennessy <john.hennessy@ncmail.net>, John Dorney <john.dorney@ncmail.net>, "Marshall W. Clawson PE" <mclawson@dot.state.nc.us> Phillip, As a follow-up to my phone message, I just wanted to clarify a couple of points. First, the grassed-swale needs to be 110' long and this length needs to be achieved prior to entering the excavated area or buffer (see illustration below). Second, if you can provide the proper length of grassed-swale we can approve the excavated area/ditch without the need for a Major Variance. To do this you will need to send us your request in writing and we will send you an Authorization Certificate for approval. The request can be submitted by DOT since the activity is within your right of way. If it extends outside you can still submit it as long as the USACE gives you authorization to do so on their behalf. (You can use the PCN form to submit this request.) Third, the floodplain flow information that you provided is sufficient for our approval. However, if you can not provide the 110' of grassed swale and a Major Variance is required additional information may need to be submitted. [--------110' of grassed swale-------- ][-excavated area or 50-foot buffer-][stream] (not to scale) Please call me if you have any questions. - Bob Phillip Todd wrote: > Bob: > We are revising the roadway plans to include a grassed swale in > the NW quadrant that is 110, prior to this swale entering the > buffer. We will forward plans to you (or should the USACE do > this since the variance request is on their property and they > made the initial request?). Please let us know about that item. > One claification is needed. In the third paragraph below, you > mention something about flows through the floodplain. is this > information the same information DWQ requested (and DOT provided) > in an earlier email about how "The proposed bridge/road will not > affect the flood plain for 2, 5 and 10 year storm events any more > than the current bridge/road does" and how "The proposed > bridge/road affects the floodplain to the extent that the current > road/bridge does. There will not be any greater effect upon the > floodplain with the proposed project. Currently, with a 25 year > storm event, the road/bridge may be topped. With the current > proposed project, the road/bridge will be raised such that a 25 > year storm event will not top the road; however, the bridge/road > will be topped with a 50 year storm event"?? Please let us know > so that we are sure that we are providing the correct, pertinent > information. > I am also assuming that all this information (new drawing, > grassed swale areas, and effects upon flood plain from above I of 6 12/8/00 8:25 AN/ Re: Lick Ck Bridge Replacement Floodplain Excavation > paragraph) will need to be in a formal letter to DWQ for the > variance or can a supplemental letter to the USACE's application > be provided? Please let us know. > Phillip > Bob Zarzecki wrote: > > Phillip, > > We are not asking the grassed Swale to be 11110' outside the > > buffer". We are asking DOT to construct a grassed swale 110 > > feet long prior to entering the excavated area or at least the > > 50-foot buffered area. > > The need for the grassed swale is to allow the excavated > > area/ditch to be constructed through the buffer. "New drainage > > ditches, roadside ditches and stormwater outfalls provided that > > a stormwater management facility is installed to control > > nitrogen and attenuate flow before the conveyance discharges > > through the riparian buffer" is an "allowable" activity (15A > > NCAC 2B .0233(6)]. in this case we are considering the > > excavated area as a "ditch" through the buffer. We.can only > > allow this if you construct a "stormwater management facility" > > (i.e., the grassed swale at a required length of 110' for the > > 1.1 acres of drainage) before the buffer. > > As discussed previously the only other way for the excavated > > area/ditch to be constructed is to obtain a Major Variance from > > the buffer rules. Stormwater Controls (such as the grassed > > swales discussed above) and Buffer Mitigation are usually > > required as conditions for any Major Variance approval. Also, > > Staff believe that additional information regarding the flow > > through the floodplain will be required prior to submitting the > > variance request. > > I believe that the grassed swale within the NW quadrant is the > > last issue to resolve. (John H. and Todd?) > > Please let me know if this answers all your questions. > > - Bob > > Phillip Todd wrote: > >> We thought that we were doing good by eliminating the ditch > >> in the NW quadrant entirely. Therefore, there would not be > >> ANY discharge directed at any where. > >> But, seeing as how it appears everyone is against the idea of > >> eliminating the ditch and in favor of constructing a grass > >> swale that is 110' outside the buffer, well, then we'll do > >> that. > >> What DOT asks is that DWQ let us know which option they > >> desire in the NW quadrant; to not include ditch/grass swale > >> or to include a grass swale. After DOT knows the option that > >> DWQ desires to see implmented, then we can adjust the CAD > >> file accordingly and provide everyone with a hardcopy. > >> Also, was there anything else based on the info distributed 2 of 6 12/8/00 8:25 AM Re: Lick Ck Bridge Replacement Floodplain Excavation > >> about 1 PM today that needs to be adddress? If so, let us > >> know so that we can alter the CAD file all at once and then > >> provide a hardcopy to DWQ. > >> Please let DOT know. > >> Phillip > >> "Todd St. John" wrote: > >> > I agree... that would be 110' outside the buffer I presume? > >> > Bob zarzecki wrote: > >> >> Phillip, > >> >> I would like to see an illustration of this as well. > >> >> However, it appears that you are not proposing any > >> >> "grassed swales" within the northwest quadrant of the > >> >> project. This is an important area to have the "grassed > >> >> swale" stormwater treatment prior to entering the > >> >> excavated area to avoid the variance. I'm not an > >> >> engineer, but if your drainage area is 1.1 acres then you > >> >> would have to come up with 110 feet of "grassed swale" > >> >> prior to entering the 60-foot excavated area or at least > >> >> the 50-foot buffered area (Todd, Agree?). it looks like > >> >> you have the required amount within the southwest quadrant > >> >> and have deleted the ditches through the buffers in the > >> >> northeast and southeast quadrant. Please let me know if I > >> >> understood your e-mail correctly. > >> >> - Bob > >> >> Phillip Todd wrote: > >> >> > Bob: > >> >> > DOT has reviewed the construction plans that were > >> >> > presented to you at an on-site meeting that was held > >> >> > last Tues, Nov 28. > >> >> > Station No. 12+00 to 14+50 (Right). This is the > >> >> > northwest quadrant of the bridge project. The drainage > >> >> > area is 1.1 acres. The DOT proposes to eliminate the > >> >> > ditch and the 15" CMP that is depicted on the plan > >> >> > sheet. > >> >> > The only work performed here would be the excavation of > >> >> > the flood storage area [Station No. 14+50 to 15+10 > >> >> > (Right)] per the requirement of USACE Ops Branch. The > >> >> > side slopes of the excavated area would remain 2:1. > >> >> > Constructing a > >> >> > 3:1 slope for the proposed exacated area would > >> >> > necessitate removing trees, all of which are located in > >> >> > the buffer area. > >> >> > Station No. 18+50 to 20+40 (Right). This is the > >> >> > southwest quadrant of the bridge project. The drainage > >> >> > area is 1.6 acres. The DOT proposes to revise the ditch > >> >> > details to a 3:1 slope, the linear length would be at > >> >> > least 160 feet, and the > >> >> > 15" CMP that is depicted on the plan sheet would > >> >> > remain. The DOT believes that > >> >> > this would quality as a "grass swale". 3 of 6 12/8/00 8:25 AN Re: Lick Ck Bridge Replacement Floodplain Excavation > >> >> > The side slopes of the excavated area [Station No. 15+90 > >> >> > to 18+40 (Right)]would remain 2:1. Constructing a 3:1 > >> >> > slope for the proposed exacated area would necessitate > >> >> > removing trees within the buffer area and outside of the > >> >> > buffer area. > >> >> > Station No. 11+50 to 14+80 (Left). This is the > >> >> > northeast quadrant of the bridge project. The DOT > >> >> > proposes to only have a ditch from 11+50 to 12+50. > >> >> > Station No. 16+10 to 20+00 (Left). This is the > >> >> > southeast quadrant of the bridge project. The DOT > >> >> > proposes to only have a ditch from 18+00 to 20+00. > >> >> > Please let me know your thoughts on this proposal. > >> >> > Phillip > >> >> > Bob Zarzecki wrote: > >> >> >> Phillip, > >> >> >> As a follow-up on the conversation between yourself, > >> >> >> John Hennessy and I held today, the Division is of the > >> >> >> understanding that your office will be providing > >> >> >> information on the drainage area and associated > >> >> >> required length of the proposed grassed-swales. The > >> >> >> Division is requesting that your office provide > >> >> >> information on the feasibility of constructing the > >> >> >> required length of grassed-swales prior to entering the > >> >> >> excavated floodplain area. At a minimum, the required > >> >> >> length will need to be achieved prior to entering the > >> >> >> 50-foot buffer area (assuming that the excavated, > >> >> >> floodplain area meets the DWQ requirements). if you > >> >> >> have any questions please contact John H. or myself at > >> >> >> 733-1786. > >> >> >> - Bob > >> >> >> Bob Zarzecki wrote: > >> >> >> > Phillip, > >> >> >> > Unfortunately, I needed the information and time for > >> >> >> > us to review it by last Thursday for it to be placed > >> >> >> > on the agenda. I'll pass this information on to Todd > >> >> >> > St.John and Staff for review. Please send us written > >> >> >> > information regarding the potential for the > >> >> >> > "grassed-Swale" option. We'll be glade to meet with > >> >> >> > you to discuss other potential options (use of other > >> >> >> > BMPs, Minor Variance, etc.). > >> >> >> > - Bob > >> >> >> > Phillip Todd wrote: > >> >> >> > > Bob: > >> >> >> > > I have responses to questions that you posed in > >> >> >> > > referenced email. The responses have been placed in > >> >> >> > > BOLD to signify DOT's response. I hope that these > >> >> >> > > responses enable us to place the item on the EMC > >> >> >> > > agenda in case we cannot resolve the project under a > >> >> >> > > minor variance. Please let me know if the responses > >> >> >> > > do not. I will email/fax you a proposed letter to > >> >> >> > > hopefully resolve this project with a minor > >> >> >> > > variance. 4 of 6 12/8/00 8:25 AM Re: Lick Ck Bridge Replacement Floodplain Excavation > >> >> >> > > Phillip > >> >> >> > > Bob Zarzecki wrote: > >> >> >> > >> Phillip, > >> >> >> > >> As a follow up to our phone conversation, our > >> >> >> > >> Staff have some questions concerning the project > >> >> >> > >> and how it affects the floodplain hydrology. We > >> >> >> > >> believe that the EMC will require this information > >> >> >> > >> for the variance review. Also, we need to know if > >> >> >> > >> the "grassed Swale" option is a viable alternative > >> >> >> > >> to the variance. If it is, then the project could > >> >> >> > >> be designed to comply with the rules and avoid the > >> >> >> > >> need for a variance. It is our understanding that > >> >> >> > >> your office will provide us with information > >> >> >> > >> regarding the feasibility of constructing grassed > >> >> >> > >> swales that meet the DWQ criteria as identified > >> >> >> > >> within the "DWQ Stormwater BMP" manual. We will > >> >> >> > >> need to resolve these questions to complete our > >> >> >> > >> review and "finding of fact" before we can place > >> >> >> > >> the project on the EMC agenda per 15A NCAC 2B > >> >> >> > >> .0233(9). > >> >> >> > >> Staff Questions are as follows: > » » » > » > >> >> >> > >> * How will raising the road effect the > >> >> >> > >> hydrology of the floodplain during the 2, 5 > >> >> >> > >> and 10 year storm events (compare existing to > >> >> >> > >> proposed) ? > >> >> >> > > The proposed bridge/road will not affect the flood > >> >> >> > > plain for 2, 5 and 10 year storm events any more > >> >> >> > > than the current bridge/road does. > >> >> >> > >> * Specifically, will raising the road impede > >> >> >> > >> surface water flow through the floodplain? > » » » > » > >> >> >> > > The proposed bridge/road affects the floodplain to > >> >> >> > > the extent that the current road/bridge does. There > >> >> >> > > will not be any greater effect upon the floodplain > >> >> >> > > with the proposed project. Currently, with a 25 > >> >> >> > > year storm event, the road/bridge may be topped. > >> >> >> > > With the current proposed project, the road/bridge > >> >> >> > > will be raised such that a 25 year storm event will > >> >> >> > > not top the road; however, the bridge/road will be > >> >> >> > > topped with a 50 year storm event. > >> >> >> > >> * Staff concerns are that blocking the flow may > >> >> >> > >> cause upstream sedimentation within the > >> >> >> > >> riparian areas and downstream destabilization > >> >> >> > >> of the stream possibly leading to stream bank > >> >> >> > >> erosion. These events may compromise the > >> >> >> > >> health of the vegetation within the riparian > >> >> >> > >> buffers and create additional sedimentation > >> >> >> > >> within the Falls Lake Watershed. > » » » > » > >> >> >> > > I talked with Michael Hosey and he stated that > >> >> >> > > downstream from the bridge there is an existing > >> >> >> > > sub-impoundment for waterfowl. > >> >> >> > >> I can be reached at 733-9726. >»»»>>> -Bob 5 of 6 12/8/00 8:25 AM Re: Lick Ck Bridge Replacement Floodplain Excavation . . Bob Zarzecki Environmental Specialist III - DENR/ DWQ 401 Wetlands Certification Unit 6 of 6 12/8/00 8:25 AM Re: Lick Ck Bridge Replacement Floodplain Excavation Subject: Re: Lick Ck Bridge Replacement Floodplain Excavation Date: Thu, 07 Dec 2000 12:21:58 -0500 From: Bob Zarzecki <bob.zarzecki @ ncmail.net> To: Phillip Todd <ptodd@dot.state.nc.us> CC: "Todd St. John" <todd.st.john@ncmail.net>, "Hosey, Michael L II SAW" <Michael.L.Hosey.II@saw02.usace.army.mil> Steve Mitchell <steve.mitchell@ncmail.net>, John Hennessy <john.hennessy@ncmail.net>, John Domey <john.dorney@ncmail.net>, "Marshall W. Clawson PE" <mclawson@dot.state.nc.us> Phillip, We are not asking the grassed Swale to be "110' outside the buffer". We are asking DOT to construct a grassed swale 110 feet long prior to entering the excavated area or at least the 50-foot buffered area. The need for the grassed swale is to allow the excavated area/ditch to be constructed through the buffer. "New drainage ditches, roadside ditches and stormwater outfalls provided that a stormwater management facility is installed to control nitrogen and attenuate flow before the conveyance discharges through the riparian buffer" is an "allowable" activity [15A NCAC 2B .0233(6)]. In this case we are considering the excavated area as a "ditch" through the buffer. We can only allow this if you construct a "stormwater management facility" (i.e., the grassed Swale at a required length of 110' for the 1.1 acres of drainage) before the buffer. As discussed previously the only other way for the excavated area/ditch to be constructed is to obtain a Major Variance from the buffer rules. Stormwater Controls (such as the grassed swales discussed above) and Buffer Mitigation are usually required as conditions for any Major Variance approval. Also, Staff believe that additional information regarding the flow through the floodplain will be required prior to submitting the variance request. I believe that the grassed swale within the NW quadrant is the last issue to resolve. (John H. and Todd?) Please let me know if this answers all your questions. - Bob Phillip Todd wrote: We thought that we were doing good by eliminating the ditch in the NW quadrant entirely. Therefore, there would not be ANY discharge directed at any where. But, seeing as how it appears everyone is against the idea of eliminating the ditch and in favor of constructing a grass swale that is 110' outside the buffer, well, then we'll do that. What DOT asks is that DWQ let us know which option they desire in the NW quadrant; to not include ditch/grass Swale or to include a grass Swale. After DOT knows the option that DWQ desires to see implmented, then we can adjust the CAD file accordingly and provide everyone with a hardcopy. Also, was there anything else based on the info distributed about 1 PM today that needs to be adddress? I of 5 12/7/00 12:25 PM Re: Lick Ck Bridge Replacement Floodplain Excavation If so, let us know so that we can alter the CAD file all at once and then provide a hardcopy to DWQ. Please let DOT know. Phillip "Todd St. John" wrote: I agree... that would be 110' outside the buffer I presume? Bob Zarzecki wrote: Phillip, I would like to see an illustration of this as well. However, it appears that you are not proposing any "grassed swales" within the northwest quadrant of the project. This is an important area to have the "grassed swale" stormwater treatment prior to entering the excavated area to avoid the variance. I'm not an engineer, but if your drainage area is 1.1 acres then you would have to come up with 110 feet of "grassed swale" prior to entering the 60-foot excavated area or at least the 50-foot buffered area (Todd, Agree?). It looks like you have the required amount within the southwest quadrant and have deleted the ditches through the buffers in the northeast and southeast quadrant. Please let me know if I understood your e-mail correctly. - Bob Phillip Todd wrote: Bob: DOT has reviewed the construction plans that were presented to you at an on-site meeting that was held last Tues, Nov 28. Station No. 12+00 to 14+50 (Right). This is the northwest quadrant of the bridge project. The drainage area is 1.1 acres. The DOT proposes to eliminate the ditch and the 15" CMP that is depicted on the plan sheet. The only work performed here would be the excavation of the flood storage area [Station No. 14+50 to 15+10 (Right)] per the requirement of USACE Ops Branch. The side slopes of the excavated area would remain 2:1. Constructing a 3:1 slope for the proposed exacated area would necessitate removing trees, all of which are located in the buffer area. Station No. 18+50 to 20+40 (Right). This is the southwest quadrant of the bridge project. The drainage area is 1.6 acres. The DOT proposes to revise the ditch details to a 3:1 slope, the linear length would be at least 160 feet, and the 15" CMP that is depicted on the plan sheet would remain. The DOT believes that this would quality as a "grass swale". The side slopes of the excavated area [Station No. 15+90 to 18+40 (Right)]would remain 2:1. Constructing a 3:1 slope for the proposed exacated area would necessitate removing trees within the buffer area and outside of the buffer area. 2 of 5 12/7/00 12:25 PM Re: Lice: Ck Bridge Replacement Floodplain Excavation Station No. 11+50 to 14+80 (Left). This is the northeast quadrant of the bridge project. The DOT proposes to only have a ditch from 11+50 to 12+50. Station No. 16+10 to 20+00 (Left). This is the southeast quadrant of the bridge project. The DOT proposes to only have a ditch from 18+00 to 20+00. Please let me know your thoughts on this proposal. Phillip Bob Zarzecki wrote: Phillip, As a follow-up on the conversation between yourself, John Hennessy and I held today, the Division is of the understanding that your office will be providing information on the drainage area and associated required length of the proposed grassed-swales. The Division is requesting that your office provide information on the feasibility of constructing the required length of grassed-swales prior to entering the excavated floodplain area. At a minimum, the required length will need to be achieved prior to entering the 50-foot buffer area (assuming that the excavated, floodplain area meets the DWQ requirements). If you have any questions please contact John H. or myself at 733-1786.. - Bob Bob Zarzecki wrote: Phillip, Unfortunately, I needed the information and time for us to review it by last Thursday for it to be placed on the agenda. I'll pass this information on to Todd St.John and Staff for review. Please send us written information regarding the potential for the "grassed-Swale" option. We'll be glade to meet with you to discuss other potential options (use of other BMPs, Minor Variance, etc.). - Bob Phillip Todd wrote: Bob: I have responses to questions that you posed in referenced email. The responses have been placed in BOLD to signify DOT's response. I hope that these responses enable us to place the item on the EMC agenda in case we cannot resolve the project under a minor variance. Please let me know if the responses do not. I will email/fax you a proposed letter to hopefully resolve this project with a minor variance. Phillip Bob Zarzecki wrote: Phillip, As a follow up to our phone conversation, our Staff have some questions concerning the project and how it affects the floodplain hydrology. We believe that the EMC will require 3 of 5 12/7/00 12:25 PM Re: Lick Ck Bridge Replacement Floodplain Excavation . _, '-k this information for the variance review. Also, we need to know if the "grassed swale" option is a viable alternative to the variance. If it is, then the project could be designed to comply with the rules and avoid the need for a variance. It is our understanding that your office will provide us with information regarding the feasibility of constructing grassed swales that meet the DWQ criteria as identified within the "DWQ Stormwater BMP" manual. We will need to resolve these questions to complete our review and "finding of fact" before we can place the project on the EMC agenda per 15A NCAC 2B .0233(9). Staff Questions are as follows: How will raising the road effect the hydrology of the floodplain during the 2, 5 and 10 year storm events (compare existing to proposed)? The proposed bridge/road will not affect the flood plain for 2, 5 and 10 year storm events any more than the current bridge/road does. Specifically, will raising the road impede surface water flow through the floodplain? The proposed bridge/road affects the floodplain to the extent that the current road/bridge does. There will not be any greater effect upon the floodplain with the proposed project. Currently, with a 25 year storm event, the road/bridge may be topped. With the current proposed project, the road/bridge will be raised such that a 25 year storm event will not top the road; however, the bridge/road will be topped with a 50 year storm event. • Staff concerns are that blocking the flow may cause upstream sedimentation within the riparian areas and downstream destabilization of the stream possibly leading to stream bank erosion. These events may compromise the health of the vegetation within the riparian buffers and create additional sedimentation within the Falls Lake Watershed. I talked with Michael Hosey and he stated that downstream from the bridge there is an existing sub-impoundment for waterfowl. 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N? j I ?0 41` 2 W O ?m O g go m m? £'6:69 Wd a 511=a 1 6 x=67,bR:FR$'b?R['$ti=R$N`70 FI:M1 F C' PT Re: Lick Ck Bridge Replacement Floodplain Excavation Subject: Re: Lick Ck Bridge Replacement Floodplain Excavation Date: Mon, 04 Dec 2000 15:25:26 -0500 From: Bob Zarzecki <bob.zarzecki @ ncmail. net> To: Phillip Todd <ptodd@dot.state.nc.us>, "Todd St. John" <todd.st.john@ncmail.net>, "Hosey, Michael L II SAW" <Michael.L.Hosey.II@saw02.usace.army.mil>, Steve Mitchell <steve.mitchell@ncmail.net>, John Hennessy <john.hennessy@ncmail.net> Phillip, As a follow-up on the conversation between yourself, John Hennessy and I held today, the Division is of the understanding that your office will be providing information on the drainage area and associated required length of the proposed grassed-swales. The Division is requesting that your office provide information on the feasibility of constructing the required length of grassed-swales prior to entering the excavated floodplain area. At a minimum, the required length will need to be achieved prior to entering the 50-foot buffer area (assuming that the excavated, floodplain area meets the DWQ requirements). If you have any questions please contact John H. or myself at 733-1786. - Bob Bob Zarzecki wrote: Phillip, Unfortunately, I needed the information and time for us to review it by last Thursday for it to be placed on the agenda. I'll pass this information on to Todd St.John and Staff for review. Please send us written information regarding the potential for the "grassed-swale" option. We'll be glade to meet with you to discuss other potential options (use of other BMPs, Minor Variance, etc.). - Bob Phillip Todd wrote: Bob: I have responses to questions that you posed in referenced email. The responses have been placed in BOLD to signify DOT's response. I hope that these responses enable us to place the item on the EMC agenda in case we cannot resolve the project under a minor variance. Please let me know if the responses do not. I will email/fax you a proposed letter to hopefully resolve this project with a minor variance. Phillip Bob Zarzecki wrote: Phillip, As a follow up to our phone conversation, our Staff have some questions concerning the project and how it affects the floodplain hydrology. We believe that the EMC will require this information for the variance review. Also, we need to know if the "grassed swale" option is a viable alternative to the variance. If it is, then the project could be designed to comply with the rules and avoid the need for a variance. It is our understanding that your office will provide us with information regarding the feasibility of constructing grassed swales that meet the DWQ criteria as identified within the "DWQ Stormwater BMP" manual. We will need to resolve these questions to complete our review and "finding of fact" before we can place the project on the EMC agenda per 15A NCAC 2B .0233(9). 1 of 2 12/4/00 3:27 PM Re: Lick Ck Bridge Replacement Floodplain Excavation Staff Questions are as follows: • How will raising the road effect the hydrology of the floodplain during the 2, 5 and 10 year storm events (compare existing to proposed)? The proposed bridge/road will not affect the flood plain for 2, 5 and 10 year storm events any more than the current bridge/road does. • Specifically, will raising the road impede surface water flow through the floodplain? The proposed bridge/road affects the floodplain to the extent that the current road/bridge does. There will not be any greater effect upon the floodplain with the proposed project. Currently, with a 25 year storm event, the road/bridge may be topped. With the current proposed project, the road/bridge will be raised such that a 25 year storm event will not top the road; however, the bridge/road will be topped with a 50 year storm event. • Staff concerns are that blocking the flow may cause upstream sedimentation within the riparian areas and downstream destabilization of the stream possibly leading to stream bank erosion. These events may compromise the health of the vegetation within the riparian buffers and create additional sedimentation within the Falls Lake Watershed. I talked with Michael Hosey and he stated that downstream from the bridge there is an existing sub-impoundment for waterfowl. I can be reached at 733-9726. - Bob Bob Zarzecki Environmental Specialist III - DENR/ DWQ 401 Wetlands Certification Unit 2 of 2 12/4/00 3:27 PM NCDOT/P&E BRANCH Fax:919-733-9794 ^ Dec 4 '00 1232 N.02 STATE OF NORTH- C LINA DEPARTMR-9 OF TRANSPORTATION JAMES B. HUNT JR. DAVID MCCOY GoyatWOP, $EGIMA tY Y North Carolina Department of Environment and Natural Resources Division of Water Quality -Wetlands Attention: Mr. John Dorney 1621 Mail Service Center Raleigh, North Carolina 27699-1621 December 4, Subject: Durham County, Replacement of Brid No. 91 over Lick Creek on SR 1809, Federal Arid Project-No. BIZZ-4 9(2), State Project No. 8.2351701; TIP No. B-2964. Dear Six: As you are aware, the U. S. Army.: Corps.of:En Branch) and North Carolina Department of Transports together to perform compensatory mitigation for Flom Reservoir. It was initially thought thatt ato4or varian would be needed to construct this compensatory mitig can provide justification that the-area. complies with a opposed to a major variance would-be needed. The NCDOT believes ftt.proposed excavaii, grass swale guidelines as proposed by the N. C. Divi criteria as identified within the "NCDWQ Stormwate manual. The only item lacking to comply -with the it the referenced manual is the 3:1 side slopes. -As You area has a proposed side slope of 2:1. ineers Operations Branch (Ops ion (NCDO'I) are working storage loss at Falls Lake e of the Neuse River Buffer Rules ,Wn project. However, if NCDOT grass swale, then minor variance as area mcets the intentions of the m of. Water Quality (NCDWQ) 3est Management Practice" 1 description of a grass swale in .,all, the proposed compensation ?j As mentioned in a field reviewwAth: Bob, Zarz ki of your staff, the constriction of the excavation area at a 3:1 slope will impact trees cated to west of the proposed excavation areas. These impacts.to trces. are a.hot 'ap ferred option by the Ops Branch. This option would also result in greater. impacts to 1&e xisting buffer along Lick Creek and its tributary. RWLING ADDRESS: PROJECT DEv6LOPMfWAND EM/IRONMENTALANALY818 1 W MAIL 3Mr4= CENTER RAiNam NC 27680.1548 TELEPHONE q1q_ 1a1 FAX 919-733-97 lNL MM VWW ..1XW DOTS ATE NGAIS LOCATION: 1*N5F0fCfATI0N BUILDING 1 SOUTH WILMINGTON STRIM RALFJGN, NO NCDOT/P&E BRANCH Fax=919-733-9794 If you have any questions about this project, my staff at (919) 733-7844, Extension 314. Sincerely, W. D. Girliaaore, P.S., Project Development WDGlpct Dec 4 '00 12 : 32 P.03 contact Mr. Phillip Todd of Environmental Analysis Branch cc: Mr. Michael Hosey, USAGE, Jordan Lake Mr. Bob Zarzecki. NCDWQ,'"eigh. % NCDOT/P&E BRANCH 0 Fax:919-733-9794 ?ew s? DeC 4 'UU 11:51 r.U1 STATE OP: NORTH C OLINA DEPARTMENT OF. T : SPORTATION DAVID McCOY JAMES B. HUNT JR. P.O. BOX 25201, RALI7TGH, NIC. 2 11-5201 SECRETARY GoVVINOR d PROJECT DEVELOPMENT &EI FAX C'OVER' Date: - Number You Are Calling:3 Please deliver the followingpages to:. . ?E Name: BRANCH 11;?9 Department andlor Firm: Address or Room Number: This Telecopy is being sent by., Name: Phone Number: Remarks: Number ofpava (Including Cover Sheet) IF YOU DO NOT RECEIVE ALL PAGES CLEARLY, CALL(91•A). 73 -3141 AS SOON AS POSSIBLE. N LYSM RANCH FAXNUMBER PROJECT DUVEL.OPMENT A ENVMONMEEM'ALA % Re: Lick Ck Bridge Replacement Floodplain Excavation There will not be any greater effect upon the floodplain with the proposed project. Currently, with a 25 year storm event, the road/bridge may be topped. With the current proposed project, the road/bridge will be raised such that a 25 year storm event will not top the road; however, the bridge/road will be topped with a 50 year storm event. • Staff concerns are that blocking the flow may cause upstream sedimentation within the riparian areas and downstream destabilization of the stream possibly leading to stream bank erosion. These events may compromise the health of the vegetation within the riparian buffers and create additional sedimentation within the Falls Lake Watershed. I talked with Michael Hosey and he stated that downstream from the bridge there is an existing sub-impoundment for waterfowl. I can be reached at 733-9726. - Bob f Bob Zarzecki Environmental Specialist III - DENR/ DWQ 401 Wetlands Certification Unit i t ' 2 of 2 12/4/00 1:23 PM Re: Lick Ck Bridge Replacement Floodplain Excavation Subject: Re: Lick Ck Bridge Replacement Floodplain Excavation Date: Mon, 04 Dec 2000 09:50:56 -0500 From: Bob Zarzecki <bob.zarzecki@ncmail.net> To: Phillip Todd <ptodd@dot.state.nc.us> CC: "Todd St. John" <todd.st.john@ncmail.net>, "Hosey, Michael L II SAW" <Michael.L.Hosey.II@saw02.usace.army.mil>, Steve Mitchell <steve.mitchell@ncmail.net>, John Dorney <john.dorney@ncmail.net> Phillip, Unfortunately, I needed the information and time for us to review it by last Thursday for it to be placed on the agenda. I'll pass this information on to Todd St.John and Staff for review. Please send us written information regarding the potential for the "grassed-swale" option. We'll be glade to meet with you to discuss other potential options (use of other BMPs, Minor Variance, etc.). - Bob Phillip Todd wrote: Bob: I have responses to questions that you posed in referenced email. The responses have been placed in BOLD to signify DOT's response. I hope that these responses enable us to place the item on the EMC agenda in case we cannot resolve the project under a minor variance. Please let me know if the responses do not. I will email/fax you a proposed letter to hopefully resolve this project with a minor variance. Phillip Bob Zarzecki wrote: Phillip, As a follow up to our phone conversation, our Staff have some questions concerning the project and how it affects the floodplain hydrology. We believe that the EMC will require this information for the variance review. Also, we need to know if the "grassed swale" option is a viable alternative to the variance. If it is, then the project could be designed to comply with the rules and avoid the need for a variance. It is our understanding that your office will provide us with information regarding the feasibility of constructing grassed swales that meet the DWQ criteria as identified within the "DWQ Stormwater BMP" manual. We will need to resolve these questions to complete our review and "finding of fact" before we can place the project on the EMC agenda per 15A NCAC 2B .0233(9). Staff Questions are as follows: • How will raising the road effect the hydrology of the floodplain during the 2, 5 and 10 year U storm events (compare existing to proposed)? The proposed bridge/road will not affect the flood plain for 2, 5 and 10 year storm events any IJA more than the current bridge/road does. Specifically, will raising the road impede surface water flow through the floodplain? The proposed bridge/road affects the floodplain to the extent that the current road/bridge does. 1 of 2 12/4/00 1:23 PM Lick Ck Bridge Replacement Floodplain Excavation Subject: Lick Ck Bridge Replacement Floodplain Excavation Date: Thu, 30 Nov 2000 15:46:46 -0500 From: Bob Zarzecki <bob.zarzecki@ncmail.net> To: ptodd@dot.state.nc.us CC: "Todd St. John" <todd.st.john@ncmail.net>, "Hosey, Michael L II SAW" <Michael.L.Hosey.II@saw02.usace.army. mil> John Dorney <john.dorney@ncmail.net>, Steve Mitchell <steve.mitchell@ncmail.net> Phillip, As a follow up to our phone conversation, our Staff have some questions concerning the project and how it affects the floodplain hydrology. We believe that the EMC will require this information for the variance review. Also, we need to know if the "grassed swale" option is a viable alternative to the variance. If it is, then the project could be designed to comply with the rules and avoid the need for a variance. It is our understanding that your office will provide us with information regarding the feasibility of constructing grassed swales that meet the DWQ criteria as identified within the "DWQ Stormwater BMP" manual. We will need to resolve these questions to complete our review and "finding of fact" before we can place the project on the EMC agenda per 15A NCAC 2B .0233(9). Staff Questions are as follows: How will raising the road effect the hydrology of the floodplain during the 2, 5 and 10 year storm events (compare existing to proposed)? Specifically, will raising the road impede surface water flow through the floodplain? Staff concerns are that blocking the flow may cause upstream sedimentation within the riparian areas and downstream destabilization of the stream possibly leading to stream bank erosion. These events may compromise the health of the vegetation within the riparian buffers and create additional sedimentation within the Falls Lake Watershed. I can be reached at 733-9726. - Bob Bob Zarzecki Environmental Specialist III - DENR/ DWQ 401 Wetlands Certification Unit i 1 of 1 11/30/00 3:47 PM OFFICE USE ONLY: Date Received ....................._. ................................. Request # ........................................................ State of North Carolina Department of Environment and Natural Resources Division of Water Quality Variance Request Form Neuse River Basin: Nutrient Sensitive Waters Management Strategy Protection and Maintenance of Riparian Areas Rule (15A NCAC.0233) NOTE. This form may be photocopied for use as an original. Part 1: General Information 1. Applicant's name (the corporation, individual, etc. who owns the project): J _&rm Lorl. o . R 2. Print Owner/Signing Official (person legally responsible for the facility and its compliance) Name: Title: __ _o Street address: } City, State, ZipMTelephone: L 501 xt _3 Fax: `-' 2 3. Project Name (Subdivision, facility, or establishment name consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): a° vCor ?s of M malls Lake, Lick ? k - flood u ` le it' ation by North Carolina Or ri r :ro e>ct R-2964 .,ridge ? c t A. South View oa =?). 4. Location of Facility Street address: South View Road (SR1809).._ City, State, Zip: North Carolina County: Wake Latitude/longitude: ................................. 5. Directions to facility from nearest major intersection (Also attach a map): o ` _ ?r? serer - t" W 98 east towards Du 'am -at i _ , ,.- 6. Contact person who can answer questions about the facility: Name: Michael Hosey Telephone: _ ,2 4501 ex! 26 Fax: r ' 372 Email: 7. Requested Environmental Management Commission Hearing Date: r r rar Version 1: September 1998 Part 2: Demonstration of Need for a Variance NOTE: The variance provision of the Neuse Riparian Area Rule allows the Environmental Management Commission to grant a variance to an affected party when the following conditions apply on a given project. (a) practical difficulties or hardships would result from strict application of the rule: (b) such difficulties or hardships result from conditios which are peculiar to the property involved; and (c) the general purpose and intent of the Rule would be preserved, water quality would be protected and substantial justice would be done if the variance were granted. This part of the application is to explain how the project meets criteria (a) and (b). 1. Attach a detailed description (2-3 pages) explaining the following: • The practical difficulties or hardships that would result from strict application of the Rule. • How these difficulties or hardships result from conditions that are unique to the property involved. • Why reconfiguring and/or reducing the built-upon area to preserve a greater portion of the riparian area is not feasible on this project. If economic hardship is the major consideration, then include a specific explanation of the economic hardship and the proportion of the hardship to the entire value of the project. Part 3: Water Quality Protection NOTE: This part of the application is to explain how the project meets criterion (c): the general purpose and intent of the Rule would be preserved, water quality would be protected and substantial justice would be done if the variance were granted. Briefly summarize how water quality will be protected on this project. Also attach a detailed narrative (1-2 pages) describing the nonstructural and structural measures that will be used for protecting water quality and reducing nitrogen inputs to surface water. tir t r...c aiit ¢ i. i Ise p.r t c1@0 by ...4 -tion water... g& y.. M 's a ., _...=,r € -)n and erosion control measures. Distur an('- v... €in ,a buffer will ; the rninir ur- nec-ssan , and all disturbed area will be stabilization. (See a tached na,r?"'- 2. What is the total project area in acres? ,appro. 0.21 ac. a ( _ 0 square feet) i total flood storage excavation area, n -- - -fly 0.07 acre (3u00 square feet) within the buffer. -°- 3. Which of the following permits/approvals will be required for this project? CAMA Major Sediment/Erosion Control 401 Certification/404 Permit Variance Request Form, page 2 Version 1: September 1998 Part 3: Water Quality Protection, continued 4. Complete the following information for each drainage basin. If there are more than two drainage basins in the project, attach an additional sheet with the information for each basin provided in the same format as below. Project Information Drainage Basin 1 Drainage Basin 2 Receiving stream name Lick Creek 27-11-9 (0.5) Receiving stream class' WS-IV-NSW 8/1/98 Drainage basin area (total) Existing impervious area3 (total) Proposed impervious area3 (total) 400 square feet of riprap % Impervious area3 (on-site) % Impervious area3 (total) Impervious area3 Drainage basin 1 Drainage basin 2 On-site buildings On-site streets On-site parking On-site sidewalks Other on-site Total on-site Off-site Total IIIG II ILGIIIGL JIIG IVI 1111) II IIVIIIIQLIVII IJ IILL'.,l.//IIGV.GI/I.JIGLLG.I1Li.UJ/JLIII /IiIQJJ/QIr./IIQ/IIGU.I ILIIII 2 Total means on-site plus off-site area that drains through the project. 3 Impervious area is defined as the built-upon area including, but not limited to, buildings, parking areas, sidewalks, gravel areas, etc. 5. How was the off-site impervious area listed above derived? 6. What will be the annual nitrogen load contributed by this site after development in pounds per acre per year without structural BMPs (stormwater pond, wetland, infiltration basin, etc)? Attach a detailed plan for all proposed structural stormwater BMPs. Drainage basin Size of drainage basin ac Post-development nitrogen loading rate without BMPs4 Ibs/ac/ r BMP nitrogen removal efficiency5 % Final nitrogen loading rate (Ibs/ac/yr) Final nitrogen loading from drainage basin Ibs 1 2 3 4 5 Totals ------ ------ ------ ' Attach calculations and references. 5 Attach calculations and references. Variance Request Form, page 3 Version 1: September 1998 Part 3: Water Quality Protection, continued 7. The applicable supplemental form(s) listed below must be attached for each BMP specified: Form SWU-102 Wet Detention Basin Supplement Form SWU-103 Infiltration Basin Supplement Form SWU-105 Curb Outlet System Supplement Form SWU-106 Off-Site System Supplement Form SWU-107 Underground Infiltration Trench Supplement Form SWU-109 Innovative BMPs Supplement Part 4: Submittal Checklist A complete appplication submittal consists of the following components. Incomplete submittals will be returned to the applicant. The complete variance request submittal must be received 90 days prior to the EMC meeting at which you wish the request to be heard. Initial below to indicate that the necessary information has been provided. Applicant's ?tel'Yt Initials • Original and two copies of the Variance Request Form and the attachments listed below. ............................................................ • A vicinity map of the project (see Part 1, Item 5) .............. -.- • Narrative demonstration of the need for a variance (see Part 2) • A detailed narrative description of stormwater treatment/management (see Part 3, Item 1) • Calculations supporting nitrogen loading estimates (see Part 3, Item 6) ----.......................... _.............. Calculations and references supporting nitrogen removal from proposed BMPs (see Part 3, Item 6) -- .................. _..._..____...... - Location and details for all proposed structural stormwater BMPs (see Part 3, Item 6) -_.............. .......... ._.__...... • Three copies of the applicable Supplement Form(s) for each BMP and/or narrative for each innovative BMP (see Part 3, Item 7) ............... __......... _..._ Three copies of plans and specifications, including: ............................................... 0 Development/Project name ...... ..................... 0 Engineer and firm 0 Legend and north arrow .._.._........ _...._.._......_...._......._ 0 Scale (1" = 100' or 1" = 50' is preferred) ..... ................. . 0 Revision number & date ..... _.. _ ......................................... 0 Mean high water line (if applicable) .......... __......_.._ ....................... 0 Dimensioned property/project boundary ........ 0 Location map with named streets or NC State Road numbers .......... ._ ................_........ ..... ....... 0 Original contours, proposed contours, spot elevations, finished floor elevations 0 Details of roads, parking, cul-de-sacs, sidewalks, and curb and gutter 0 Footprint of any proposed buildings or other structures 0 Wetlands delineated, or a note on plans that none exist 0 Existing drainage (including off-site), drainage easements, pipe sizes, runoff calculations 0 Drainage basins delineated 0 Perennial and intermittent streams, ponds, lakes, rivers and estuaries 0 Location of forest vegetation along the streams, ponds, lakes, rivers and estuaries Variance Request Form, page 4 Version 1: September 1998 Part 5: Deed Restrictions By your signature in Part 7 of this application, you certify that all structural stormwater best management practices required by this variance shall be located in recorded stormwater easements, that the easements will run with the land, that the easements cannot be changed or deleted without concurrence from the State, and that the easements will be recorded prior to the sale of any lot. Part 6: Agent Authorization If you wish to designate submittal authority to another individual or firm so that they may provide information on your behalf, please complete this section: Designated agent (individual or firm): Mailing address: .............................................................. City, State, Zip: .................... ....................................... Telephone: ............................................................. . .... Fax: ......................................... Email: Part 7: Applicant's Certification I, (print or type name of person listed in Part I, Item 2), certify that the information included on this permit application form is correct, that the project will be constructed in conformance with the approved plans and that the deed restrictions in accordance with Part 5 of this form will be recorded with all required permit conditions. Signature: Date: Title: Variance Request Form, page 5 Version 1: September 1998 Major Variance Application - Narratives Part 2. Number 1. The five congressionally designated uses of Federal property at Falls Lake are Flood Damage Reduction (Flood Control), Recreation, Water Supply, Water Quality, and Fish and Wildlife Enhancement. The proponents of projects on Federal property must avoid and minimize impacts to Federal property and its designated purposes and mitigate for unavoidable impacts. This is the case with the North Carolina Department of Transportation's (NCDOT) project replacing Bridge # 91 on South View Road (SR1809) over Lick Creek (TIP #B-2964). This bridge is located within an easement held by NCDOT on Federal property at Falls Lake. NCDOT is being required to excavate approximately 1030 cubic yards of material immediately adjacent to Lick Creek. This material is being removed to mitigate for an equal amount of material being placed below the flood pool elevation (264.8 feet mean sea level) as part of the bridge replacement. The US Army Corps of Engineers at Falls Lake as owners and stewards of the Federal property on which the proposed mitigation will take place is applying to the North Carolina Environmental Management Commission for this major variance. It is our understanding that our proposed mitigation project is partially located within the 50 foot buffer imposed by the State of North Carolina along water ways in the Neuse River Basin. Further, it is our understanding that our proposed project does not fall under any existing exemption in the Neuse River Buffer Rule. We are seeking a variance for this mitigation project based on the procedures set out in Section (9) of 15A NCAC 26 .0233. Not allowing this mitigation will create difficulties for the Corps' operations at Falls Lake. It will also create a hardship for the Corps and NCDOT, which are seeking practical options for flood storage mitigation. As with any mitigation locating an appropriate site is key to the effectiveness of the mitigation. The Corps has determined that the most effective mitigation for lost flood storage is excavation of an equal amount of storage at or near the same elevation as the lost storage and as close as possible to the area where the flood storage was lost. This approach keeps the flood storage in the affected drainage as consistent as possible with what was present prior to fill being placed within the flood pool. We have determined that in this case that excavation of 1030 cubic yard of new flood storage immediately adjacent to the bridge replacement site is most practical mitigation alternative. Strict application of the rule by the Commission would force us to look for less desirable locations or options for this mitigation. The difficulties resulting from strict application of this rule result from conditions peculiar to the property involved. The Federal property at Falls Lake was purchased with public funds allocated by Congress and is intended to be used for its congressionally designated purposes. Protecting the flood storage capacity of Falls Lake is essential to the Corps mission of reducing the amount damage caused by floods in the Neuse River Basin downstream of the dam. In this instance the Corps has determined that another use of this land, a public road, is also in the public interest and can come onto this property, but only if impacts to the existing public use are mitigated. Although NCDOT is often required to mitigate for the impacts of its projects this type of mitigation is unique to Federal lands at a flood control project. We fully support the purpose and intent of the Neuse River Buffer Rule. Preserving the water quality and the flood storage capacity of Falls Lake are both essential to the continued success of the Corps' mission. We believe that in conjunction with NCDOT, NC Division of Water Quality (NCDWQ), and the Commission we will be able to come to a solution, which will serve the publics interest in this mater. We welcome all input from NCDWQ and the Commission in carrying out this mitigation project. We are confident that in granting this variance the Commission will preserve the general purpose and intent of the Rule, that water quality will be protected, and that substantial justice will be done. Part 3. Number 1. Although this work is taking place on Federal property it will be carried by NCDOT personnel. Water quality will be protected by implementation of NCDOT's Best Management Practice's for Protection of Surface Waters.. Disturbance within the buffer will be the minimum necessary, and all disturbed area will be stabilized to prevent sedimentation. Road side ditches will run into pipes. Rip-rap will be placed on at the outlet of the pipes to diffuse the water as it flows into the mitigation area. In addition to the flood storage mitigation, the NCDOT is being required to mitigate for impacts to a remnant cane break located partially within the construction area. The mitigation involves stockpiling of switch cane (Arundinaria tecta) plants from disturbed areas and transplanting those into the excavated flood storage area. The flood storage excavation will impact approximately 0.21 acres total with approximately 0.07 acres located with in the buffer zone along Lick Creek. All flood storage excavation is located within an existing overhead powerline right-of-way held by Wake EMC. The powerline is currently maintained by mowing and periodic application of pesticides. It is vegetated with early successional community containing various saplings, shrubs, and grasses. Species identified include red maple (Acer rubrum), tulip polar (Liriodedron tulipifera), devil's walking stick (Aralia sinosa, switch cane (Arundiaria tecta), and blackberry (Rubus spp.). The areas excavated will be initially stabilized by planting rye grain and mulching with straw and tack to prevent erosion. NCDOT will stock pile clumps of switch cane plants from areas disturbed by the bridge construction. When bridge construction activities are complete the stock piled switch cane plants will be transplanted into the mitigation area. The area will also be seeded with Tioga Deer-Tongue - Panicum clandestinum. Based on soil tests the site's soil may be supplemented to promote the growth of the transplanted switch cane. In order to minimize nutrient run off fertilizer will be applied to individual clumps of switch cane and not broadcast. The site will be allowed to recover naturally, except for periodic removal of woody vegetation by hand or by controlled burning. Wake EMC has agreed to post the area with signs to insure that it is not mowed or sprayed with pesticides. Short-term impacts such as sedimentation and turbidity associated with the initial excavation of the flood storage area will be minimized by the use to water quality BMP's. Restoration of the cane break in this area, along with the elimination of mowing and pesticide use in the powerline right of way directly adjacent to the creek will have a long-term positive effect on water quality in the stream. o I? + w < V 1 2-0 Q LL) w I _ L- z ` O 0 z N w ? _ w Q 0 ~ N N I d C) ° I z` ?9 w ° 0 I O Ul °' 0 z l v) ° co + V, I 0 O 0 ?S LL) J W I Y - ? Z x CO c C 1 o F 1 I J I O I I- - SIG GREEK I I - z 0 I Q v ? I I ? Q w z ® p+ a ?i H z m v ? z - N `n W ? CD 0 ui UL QQ I F llw Q N O Ln ® z x v w ? l ui "0 NJ V) u I I I ? o z I ? ? I I < J = Y z f I I {`? co I - O `v , I II I = ? I I I ? i ? 1 7 N - ' EEK ; - ? 6 4 GR K . , o U G _ ! I a w U ? d ?I I as in a I o ? F w a F N ? ? ..? 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