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HomeMy WebLinkAbout20010118 Ver 1_Complete File_20010118State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor Bill Ross, Secretary Kerr T. Stevens, Director Mr. J.G. Nance, P.E., Division Engineer NCDOT, Division 5 2612 N. Duke Street Durham, NC 27704 1 k11?WAA • Boom NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES June 19, 2001 DWQ No. 010118 Warren County Re: Warren County, Replacement of Bridge No. 111 over Maple Branch on SR 1629, Maple Branch [28-79-20.5; C NSW] APPROVAL of Tar-Pamlico Buffer Rules AUTHORIZATION CERTIFICATE with ADDITIONAL CONDITIONS Dear Mr. Nance, You have our approval, in accordance with the attached conditions, to impact 60 linear feet of streams and 3000 square feet protected riparian buffers for the purpose of replacing Bridge Number 111 over Maple Branch on SR 1629. The project shall be constructed according to your application dated February 12, 2001, and the subsequent addendum dated April 5, 2001, and any conditions listed below. This approval shall act as your Authorization Certificate as required within the Tar-Pamlico River Riparian Area Protection Rules (15A NCAC 2B .0259). 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 February 12, 2001, and the subsequent addendum dated April 5, 2001. 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. ? Weep holes shall be designed so as not to discharge directly into surface waters. ? All stormwater shall be directed to sheetflow at non-erosive velocities through the protected buffers. 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/] 0% post consumer paper This letter completes the review of the Division of Water determination required in 15A NCAC 2B .0259(8) at 919-733-5694. Quality under the "No Practical Alternatives" Page ves" 2 of 2 If you have any questions, please contact John Hennessy Cc: US Army Corps of Engineers Raleigh DWQ Raleigh Regional Office File Copy Central Files CAncdoA.SR 1629\wgc1010118 buffer authorization.doc 0 N. C. DEPARTMENT OF TRANSPORTATION TRANSMITTAL SLIP DATE ' s"o TO: --IL-4 &4AP!Zlq REF. NO. OR ROOM, BLDG. FR REF. NO. OR ROOM, BLDG. O CIS [f ?vwl ? f ACTION ? NOTE AND FILE ? PER OUR CONVERSATION ? NOTE AND RETURN TO ME ? PER YOUR REQUEST ? RETURN WITH MORE DETAILS ? FOR YOUR APPROVAL ? NOTE AND SEE ME ABOUT THIS ? FOR YOUR INFORMATION ? PLEASE ANSWER ? FOR YOUR COMMENTS ? PREPARE REPLY FOR MY SIGNATURE ? SIGNATURE ? TAKE APPROPRIATE ACTION - ? INVESTIGATE AND REPORT: COMMENTS: - pI ecak je- flyer fia I T A, Ao-0r51 APR 1 0 STATE of NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Michael F. Easely Lyndo Tippett GOVERNOR SECRETARY April 5, 2001 U.S. Fish and Wildlife Service Raleigh Field Office P.O. Box 33726 Raleigh, NC 27636-3726 Attention: Mr. Garland Pardue Subject: Proposed replacement of Bridge No. 111 over Maple Branch on SR 1629 and paving of SR 1629 in Warren County. References: (1) Biological Assessment for dwarf wedgemussel (NCDOT, January 16, 2001) (2) Biological Opinion for project issued by USFWS (USFWS, February 21, 2001) (3) Biological Opinion for project rescinded by USFWS (USFWS, March 6, 2001) The North Carolina Department of Transportation (NCDOT) has previously proposed to replace Bridge No. 111 over Maple Branch on SR 1629 as well as upgrade and pave SR 1629 in Warren County. The dwarf wedgemussel (Alasmidonta heterodon), a federally Endangered species protected under the Endangered Species Act of 1973, as amended (ESA), has been documented in Maple Branch within the vicinity of the proposed project study area. A Biological Assessment (BA) for the dwarf wedgemussel at Bridge No. 111 over Maple Branch on SR 1629 in Warren County was submitted to the United States Fish and Wildlife Service (USFWS) on January 16, 2001. The BA discussed the proposed replacement of Bridge No. 111 and the paving of SR 1629. Additionally, the BA discussed the project history, proposed design of the roadway (SR 1629) and replacement bridge, and site-specific description of Maple Branch at the project site. The BA provided an assessment of project impacts on dwarf wedgemussel (including direct, secondary and cumulative impacts) and erosion control plan. The NCDOT concluded that the replacement of Bridge No. 111 and the paving of SR 1629 are Not Likely To Adversely Affect the dwarf wedgemussel. Division 5, 2612 N. Duke Street, Durham, NC 27704 Phone: (919) 560-6081 Fax: (919) 560-3371 r The North Carolina Wildlife Resource Commission (NCWRC), in correspondence via e-mail dated February 20, 2001, requested an on-site meeting to discuss stormwater control measures at the site. The NCWRC noted that the measures, as described in the BA, may not be sufficient to control stormwater and prevent a predicted increase in discharge. The USFWS, in a letter dated February 21, 2001, stated that based on the information presented in the BA, the Service concurs with the project, implemented as described, is "Not Likely To Adversely Affect" the dwarf wedgemussel. In a subsequent letter dated March 6, 2001, the USFWS noted the comments from the NCWRC and rescinded the previous concurrence until an on-site meeting could be conducted to resolve outstanding concerns. Accordingly, an on-site meeting was conducted on March 22, 2001. Personnel from the USFWS, NCWRC and NCDOT attended the meeting. During the meeting, the NCDOT decided to pursue separate concurrence for the replacement of Bridge No. 111 and the paving of SR 1629. This decision was agreed to in principal during the meeting by the regulatory agencies. The NCDOT agreed to implement additional project conditions relevant to the replacement of Bridge No. 111. These are addressed below: • NCDOT shall conduct an in-stream survey in the project footprint for mussels prior to the construction availability date. • The erosion control measures currently on-site (cross-line pipe and catch basins) will be maintained. • The timber abutment on the south bank will be removed using an excavator that will be stationed on the roadbed. A turbidity curtain will be placed around the partially submerged timber before removal. • Sediment and Erosion control measures must be in place prior to land clearing activities. No sediment from bridge construction activities shall be allowed to enter Maple Branch. • There will be no clearing or grubbing conducted at the site between November 15 and April 1. • Deck drains (weep holes) will be located on the two end spans located above the floodplain. Class 2 rip rap located under and adjacent to the end spans will filter runoff from the deck drains. • Wet concrete shall not come in contact with stream water at any time during construction. • Equipment shall be maintained such that hydraulic fluids, oil, gasoline, or other chemicals will not enter the stream. If chemicals are stored on site, they should be stored a sufficient distance from the stream and under secure conditions to prevent accidental contact with the stream. If chemicals are spilled on site, they should be cleaned up immediately and not allowed to filter down into the soil. • The erosion control plan will be designed to High Quality Water (HQW) standards. • Environmentally Sensitive Areas (ESA) will be defined on the plans, which consist of a 50 foot buffer zone on both sides of Maple Branch. • Once grading operations have commenced in the ESA as specified on the plans, work will progress in a continuous manner until complete. • Seeding and mulching will be performed immediately following final grade establishment. • The project will be designed using special sediment control fencing comprised of wire mesh hardware cloth and sediment control stone. This erosion control device will be used where needed along stream banks. • Excavation activities associated with the removal of the existing road bed and subsequent sloping to form a floodplain will not extend beyond the wing walls and associated rip rap. • The existing roadway bed will serve as a staging/access area to conduct excavation activities and placement of rip rap along the streambanks above the water line. • The riparian buffer outside the limits of the proposed wing walls and rip rap will not be disturbed. • The timber bridge abutment on the north bank of Maple Branch will be cut at the existing ground level and sloped as necessary to form the floodplain. • Excavation activities associated with the removal of the existing road bed and subsequent sloping to form a floodplain will be scheduled to be completed in one day. If this activity cannot be completed in one day, the exposed banks will be covered with soil stabilization fabric or plastic sheeting. • There will be no construction activity conducted in the active channel except for the removal of the timber abutment on the south bank. The NCDOT has concluded that based on the design of the project including guidelines outlined in the BA and commitments listed above, the replacement of Bridge No. 111 over Maple Branch on SR 1629 in Maple Branch is Not Likely To Adversely Affect the dwarf wedgemussel. The NCDOT is requesting an expedited concurrence of our findings. If you have any questions, I can be reached at (919) 560-6081 or ciiiun'ay a)clot st;ltc.nc_uti. Sincerely, a- L, -4? Christopher A. Mural , P.W.S. Environmental Officer cc: Scott Capps, P.E., NCDOT, Henderson Dallie Bagwell, NCDOT, Raleigh Garland Pardue, USFWS, Raleigh John Fridell, USFWS, Asheville Tom McCartney, USFWS, Raleigh Judith Johnson, NCWRC, Apex John Alderman, NCWRC, Pittsboro David Cox, NCWRC, Creedmoor Tim Savidge, NCDOT, Raleigh Logan Williams, NCDOT, Raleigh Jon Nance, P.E., NCDOT, Durham John Dorney, NCD WQ, Raleigh Eric Alsmeyer, USACE, Raleigh usANra ? awr. ?r STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Michael F. Easely Lyndo Tippett GOVERNOR SECRETARY April 5, 2001 U.S. Fish and Wildlife Service Raleigh Field Office P.O. Box 33726 Raleigh, NC 27636-3726 Attention: Mr. Garland Pardue Subject: Proposed replacement of Bridge No. 111 over Maple Branch on SR 1629 and paving of SR 1629 in Warren County. References: (1) Biological Assessment for dwarf wedgemussel (NCDOT, January 16, 2001) (2) Biological Opinion for project issued by USFWS (USFWS, February 21, 2001) (3) Biological Opinion for project rescinded by USFWS (USFWS, March 6, 2001) The North Carolina Department of Transportation (NCDOT) has previously proposed to replace Bridge No. 111 over Maple Branch on SR 1629 as well as upgrade and pave SR 1629 in Warren County. The dwarf wedgemussel (Alasmidonta heterodon), a federally Endangered species protected under the Endangered Species Act of 1973, as amended (ESA), has been documented in Maple Branch within the vicinity of the proposed project study area. A Biological Assessment (BA) for the dwarf wedgemussel at Bridge No. 111 over Maple Branch on SR 1629 in Warren County was submitted to the United States Fish and Wildlife Service (USFWS) on January 16, 2001. The BA discussed the proposed replacement of Bridge No. 111 and the paving of SR 1629. Additionally, the BA discussed the project history, proposed design of the roadway (SR 1629) and replacement bridge, and site-specific description of Maple Branch at the project site. The BA provided an assessment of project impacts on dwarf wedgemussel (including direct, secondary and cumulative impacts) and erosion control plan. The NCDOT concluded that the replacement of Bridge No. 111 and the paving of SR 1629 are Not Likely To Adversely Affect the dwarf wedgemussel. Division 5, 2612 N. Duke Strcct Durham, NC 27704 Phone: (919) 560-6081 Fax: (919) 560-3371 The North Carolina Wildlife Resource Commission (NCWRC), in correspondence via e-mail dated February 20, 2001, requested an on-site meeting to discuss stormwater control measures at the site. The NCWRC noted that the measures, as described in the BA, may not be sufficient to control stormwater and prevent a predicted increase in discharge. The USFWS, in a letter dated February 21, 2001, stated that based on the information presented in the BA, the Service concurs with the project, implemented as described, is "Not Likely To Adversely Affect" the dwarf wedgemussel. In a subsequent letter dated March 6, 2001, the USFWS noted the comments from the NCWRC and rescinded the previous concurrence until an on-site meeting could be conducted to resolve outstanding concerns. Accordingly, an on-site meeting was conducted on March 22, 2001. Personnel from the USFWS, NCWRC and NCDOT attended the meeting. During the meeting, the NCDOT decided to pursue separate concurrence for the replacement of Bridge No. 111 and the paving of SR 1629. This decision was agreed to in principal during the meeting by the regulatory agencies. The NCDOT agreed to implement additional project conditions relevant to the replacement of Bridge No. 111. These are addressed below: • NCDOT shall conduct an in-stream survey in the project footprint for mussels prior to the construction availability date. • The erosion control measures currently on-site (cross-line pipe and catch basins) will be maintained. • The timber abutment on the south bank will be removed using an excavator that will be stationed on the roadbed. A turbidity curtain will be placed around the partially submerged timber before removal. • Sediment and Erosion control measures must be in place prior to land clearing activities. No sediment from bridge construction activities shall be allowed to enter Maple Branch. • There will be no clearing or grubbing conducted at the site between November 15 and April 1. • Deck drains (weep holes) will be located on the two end spans located above the floodplain. Class 2 rip rap located under and adjacent to the end spans will filter runoff from the deck drains. • Wet concrete shall not come in contact with stream water at any time during construction. • Equipment shall be maintained such that hydraulic fluids, oil, gasoline, or other chemicals will not enter the stream. If chemicals are stored on site, they should be stored a sufficient distance from the stream and under secure conditions to prevent accidental contact with the stream. If chemicals are spilled on site, they should be cleaned up immediately and not allowed to filter down into the soil. • The erosion control plan will be designed to High Quality Water (HQW) standards. • Environmentally Sensitive Areas (ESA) will be defined on the plans, which consist of a 50 foot buffer zone on both sides of Maple Branch. • Once grading operations have commenced in the ESA as specified on the plans, work will progress in a continuous manner until complete. • Seeding and mulching will be performed immediately following final grade establishment. • The project will be designed using special sediment control fencing comprised of wire mesh hardware cloth and sediment control stone. This erosion control device will be used where needed along stream banks. • Excavation activities associated with the removal of the existing road bed and subsequent sloping to form a floodplain will not extend beyond the wing walls and associated rip rap. • The existing roadway bed will serve as a staging/access area to conduct excavation activities and placement of rip rap along the streambanks above the water line. • The riparian buffer outside the limits of the proposed wing walls and rip rap will not be disturbed. • The timber bridge abutment on the north bank of Maple Branch will be cut at the existing ground level and sloped as necessary to form the floodplain. • Excavation activities associated with the removal of the existing road bed and subsequent sloping to form a floodplain will be scheduled to be completed in one day. If this activity cannot be completed in one day, the exposed banks will be covered with soil stabilization fabric or plastic sheeting. • There will be no construction activity conducted in the active channel except for the removal of the timber abutment on the south bank. The NCDOT has concluded that based on the design of the project including guidelines outlined in the BA and commitments listed above, the replacement of Bridge No. 111 over Maple Branch on SR 1629 in Maple Branch is Not Likely To Adversely Affect the dwarf wedgemussel. The NCDOT is requesting an expedited concurrence of our findings. If you have any questions, I can be reached at (919) 560-6081 or cimirray(a)dot. state..nc. Lis. Sincerely, Christopher A. Muria , P.W.S. Environmental Officer cc: Scott Capps, P.E., NCDOT, Henderson Dallie Bagwell, NCDOT, Raleigh Garland Pardue, USFWS, Raleigh John Fridell, USFWS, Asheville Tom McCartney, USFWS, Raleigh Judith Johnson, NCWRC, Apex John Alderman, NCWRC, Pittsboro David Cox, NCWRC, Creedmoor Tim Savidge, NCDOT, Raleigh Logan Williams, NCDOT, Raleigh Jon Nance, P.E., NCDOT, Durham John Dorney, NCDWQ, Raleigh Eric Alsmeyer, USACE, Raleigh N. C. DEPARTMENT OF TRANSPORTATION TRANSMITTAL SLIP DATE ''!! Z•u-0 TO: --T-D(A,, ?}er1ne55 `? REF. NO. OR ROOM, BLDG. F O(M. REF. NO. OR ROOM, BLDG. ACTION ? NOTE AND FILE ? PER OUR CONVERSATION ? NOTE AND RETURN TO ME ? PER YOUR REQUEST ? RETURN WITH MORE DETAILS ? FOR YOUR APPROVAL ? NOTE AND SEE ME ABOUT THIS ? FOR YOUR INFORMATION ? PLEASE ANSWER ? FOR YOUR COMMENTS ? PREPARE REPLY FOR MY SIGNATURE ? SIGNATURE ? TAKE APPROPRIATE ACTION ? INVESTIGATE AND REPORT COMMENTS: I-IP?? arG 3 copies IC?IS peoM4 ?p??Icotco?, ,,?,, 044«5 teuoe-J ,. o„ clpa?I. f, r All e 2- w?l c? We 5 e-44(i uilil 1?< <vn5ftvclc? o ,?rXep? ;vek 54, Sal ?Aler. F,?7- nn e no{c°? A oa ?s ???? 5erut as S -0 i?a? Qrre55 aces' q1u2 (IP fe1p. ,. STATi o 4 STATE of NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Michael F. Easely GOVERNOR February 12, 2001 North Carolina Division of Water Quality Wetlands/401 Unit 2321 Crabtree Blvd. Raleigh, NC 27604-2260 Attention: Mr. John Dorney Supervisor FEB 2 8 2001 Lyndo Tippett SECRETARY Subject: Proposed replacement of Bridge No. 111 over Maple Branch on SR 1629 in Warren County. Reference: USACE Permit Application (January 16, 2001). The North Carolina Department of Transportation (NCDOT) applied for applicable permits associated with the replacement of Bridge No. 111 over Maple Branch on SR 1629 in Warren County in a letter to the U. S. Army Corps of Engineers (USACE) on January 16, 2001 (note: a copy of this letter was forwarded to the N.C. Division of Water Quality (NCDWQ) on the same day). Specifically, the NCDOT requested authorization under a Section 404 Nationwide Permit (NWP) 13 to perform streambank stabilization associated with this project. Notification for the use of this NWP to the USACE is required for this project, as the federally protected dwarf wedgemussel (Alasmidonta heterodon) has been observed in the vicinity of the project. The Section 401 Water Quality Certificate (WQC) No. 3258 (which corresponds to NWP 13) does not require written application or approval from the NCDWQ as NCDOT intends to comply with conditions for the WQC. The purpose of this letter is to provide additional information to the NCDWQ concerning riparian buffer impacts associated with the project. Project History In September 1999, Bridge No. 111 over Maple Branch on SR 1629 in Warren County sustained extensive irreparable damage during Hurricane Floyd. Due to heavy rains, the structure washed out and fell into Maple Branch. A population of dwarf wedgemussel, a federally protected species, had been documented within the vicinity of Bridge No. 111. On October 22, 1999, representatives from the NCDOT, U.S. Fish and Division 5, 2612 N. Duke Street, Durham, NC 27704 Phone: (919) 560-6081 Fax: (919) 560-3371 Wildlife Service (USFWS) and North Carolina Wildlife Resource Commission (NCWRC) met at the bridge site to discuss the removal and replacement of the structure. It was decided to remove the bridge from the creek as soon as possible. A bridge debris removal plan was proposed and forwarded to the USFWS on November 15, 1999. A Not Likely to Adversely Affect determination for the bridge debris removal was proposed by NCDOT. The USFWS concurred by letter dated November 23, 1999 that the bridge debris removal project is not likely to adversely affect any Federally-listed species, their formally designated critical habitat, or species currently proposed for Federal listing under the Endangered Species Act (ESA). Bridge No. 111 was removed on December 12-13, 1999. Representatives from NCWRC and NCDOT Project Development and Environmental Analysis Branch were present and observed no damage to downstream habitat as a result of the removal. The NCDOT proposes to pave SR 1629 and replace Bridge No. 111 (Figure 1). Impacts to Waters of the United States The project crosses Maple Branch (DWQ Index No. 28-79-20.5), located in Subbasin 03-03-04 of the Tar-Pamlico River Basin. This stream has a Best Usage Classification of Class C NSW. Proposed Project The timber abutment on the south bank of Maple Branch has washed out over the last summer. Currently, this timber abutment is located on the creek bank and is partially submerged in Maple Branch. The NCDOT proposes to remove this abutment using an excavator that is stationed on the roadbed. A turbidity curtain will be placed around the partially submerged timber before removal. The NCDOT proposes to construct a 3-span (consisting of 1@ 25 foot, 1@ 50 foot and 1@ 25 foot) cored slab bridge over Maple Branch. This structure will cross Maple Creek from high ground to high ground as pile bents will be driven into the non- jurisdictional floodplain on each side of the creek. Deck drains are not located over Maple Branch in the proposed design. Runoff from the bridge is directed to deck drains located on the end spans above the floodplain. Class 2 rip rap will be placed under and adjacent to the end spans. Additionally, the NCDOT proposes to slope the creek bank, place a silt fence along the creek bank and line the creek bank with Class 2 rip rap. The rip rap placed under and adjacent to the end spans and along the creek bank will catch and filter runoff from the project and stabilize the creek bank. Approximately 55 feet of rip rap will be placed along the south creek bank and approximately 60 feet of rip rap will be placed along the north creek bank. Federally Protected Species The dwarf wedgemussel has been documented in the vicinity of Bridge No. 111 over Maple Branch. A Biological Assessment was completed by NCDOT to fulfill obligations under Section 7 of the ESA and to address project-related concerns with respect to the dwarf wedgemussel. The NCDOT has concluded that the construction of the project will reduce existing impacts to the aquatic ecosystem and the dwarf wedgemussel population. The adherence to proposed design and practicable Best Management Practices (BMPs) for the Protection of Surface Waters, High Quality Water (HQW) Erosion Control Guidelines, Design Standards in Sensitive Watersheds and protocols to conserve the habitat of federally protected mussels during bridge replacement will eliminate any potential adverse impacts to the dwarf wedgemussel population during construction. The NCDOT has concluded that project construction is not likely to adversely affect the dwarf wedgemussel. The NCODT forwarded a copy of the Biological Assessment to the USFWS on January 16, 2001 and requested a concurrence of our findings. Riparian Buffer Impacts This project was discussed in a meeting with John Hennessy and Todd St. John of the NCDWQ on October 31, 2000. Bridge No. 111 and SR 1629 existed as a transportation facility within the riparian buffer as of July 22, 1997. This project is being constructed within the footprint of the existing use. Level spreaders will be constructed where the roadside ditches terminate outside of the 50 foot riparian buffer. The level spreaders will be directed to divert runoff to the heavily wooded riparian buffer. These structures will allow the ninoff from the ditches to be converted to diffuse flow and restrict sediment and nutrient input into Maple Branch. It was incorrectly determined in the USACE permit application dated January 16, 2001 that the project is exempt from the rule. Construction of the project will result in the placement of 55 feet of rip rap along the south creek bank and 60 feet of rip rap along the north creek bank. Rip rap will also be placed under and adjacent to the end spans to filter runoff from the project (See Figure 2). Based on the impacts to the riparian buffer at this site, it is now determined that this crossing is allowable under Streambanlc Stabilization. The NCDOT is requesting that the NCDWQ complete a "no practicable alternatives" determination. The NCDOT certifies that the criteria documented in Sub-Item (8)(a) of the buffer rules (which find that there are no practical alternatives to the project) are met. The NCDOT requests an Authorization Certificate for this project. Information supporting that there are no practical alternatives for the issuance of this certification is summarized below: Improvements must be conducted at the site to provide for adequate safety for vehicular traffic. The previous Bridge No. 111 was washed out after Hurricane Floyd. The construction of the project will re-establish this travel corridor. The fill slopes have been reduced to 2:1. The adherence to proposed design and practicable Best Management Practices (BMPs) for the Protection of Surface Waters, High Quality Water (HQW) Erosion Control Guidelines, Design Standards in Sensitive Watersheds and protocols to conserve the habitat of federally protected mussels during bridge replacement will eliminate any potential adverse impacts to the dwarf wedgemussel population during construction and reduce impacts to the Maple Branch and the riparian buffer. ® The amount of rip rap placed along Maple Branch has been reduced to the minimum amount necessary to provide adequate streambank stabilization. Summary The NCDOT proposes to remove a timber abutment that has washed out and is partially submerged in Maple Branch with an excavator. A turbidity curtain will be placed around the partially submerged timber abutment before excavation. Additionally, NCDOT proposes to replace Bridge No. 111 over Maple Branch. This will involve construction of a 3-span cored slab bridge over Maple Branch. The NCDOT will stabilize the creek bank with Class 2 rip rap. Approximately 55 feet of rip rap will be placed along the south creek bank and approximately 60 feet of rip rap will be placed along the north creek bank. The project is located in the Tar-Pamlico River Basin and is subject to the Riparian Buffer Rule. Based on this re-evaluation of the impacts to the riparian buffer at this site, this crossing is allowable. The NCDOT is requesting that the NCDWQ complete a "no practicable alternatives" determination and subsequently issue an Authorization Certificate for this project. A pre-construction notification is attached with this request. If you have any questions or need additional information, please contact me at (919) 560-6081. Sincerely, a-c,.??. Christopher A. Murray, P.W.S. Environmental Officer cc: Scott Capps, P.E., NCDOT District Engineer, Henderson DWQ ID: CORPS ACTION ID: 200120024 PRE-CONSTRUCTION NOTIFICATION APPLICATION FOR RIPARIAN BUFFER IMPACTS FOR: APPLICATION FOR NCDWQ RIPARIAN BUFFER AUTHORIZATION CERTIFICATION SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO: NC DIVISION OF WATER QUALITY, ATTN: JOHN DORNEY, 2321 CRABTREE BLVD., RALEIGH, NC 27604. PLEASE PRINT OR TYPE. 1. OWNER'S NAME: North Carolina Dept. of Transportation, Division 5 2. MAILING ADDRESS: 2612 N. Duke Street SUBDIVISION NAME CITY: Durham STATE: NC ZIP CODE: 27704 PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING ADDRESS ABOVE): SR 1629, Warren County 3. TELEPHONE NUMBER: (HOME) (WORK) (919) 560-6081 4. IF APPLICABLE: AGENTS NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: Christopher A. Murray, Division 5 Environmental Officer 5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR AERIAL PHOTOGRAPHY WITH SCALE): COUNTY: Warren -NEAREST TOWN: Inez SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ECT.) SR 1629 6. IMPACTED OR NEAREST STREAM/RIVER: Maple Branch RIVER BASIN: Tar-Pamlico 7. (a) 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 ® IF YES, EXPLAIN: (b) IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES ? NO (c) 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? 8. (a) HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROJECT? YES ? NO ® IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION): (b) ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE? YES ? NO ® IF YES, DESCRIBE ANTICIPATED WORK: 9. (a) ESTIMATED TOTAL NUMBERS OF ACRES IN TRACT OF LAND: (b) ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: 0.0 acres 10. (a) NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: FILLING: EXCAVATION: FLOODING: OTHER : DRAINAGE : TOTAL ACRES TO BE IMPACTED: 0.0 acres (b) (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION: LENGTH BEFORE: See Cover Letter FT AFTER: FT WIDTH BEFORE (based on normal high water contours): FT AVERAGE DEPTH BEFORE: FT AFTER: FT (b) (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: Streambank stabilization (NWP 13). 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; 81/2 BY I I DRAWINGS ONLY) Replacement of 11ridl!e No. 111 over Maple Branch and streambank stabilization PURPOSE OF PROPOSED WORK: Replacement of Bridge No. 111 over ]Maple Branch and streambank stabilization. 13. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS) No impacts to wetlands. 15. YOU ARE REQUIRED TO CONTACT THE US FISH AND WILDLIFE SERVICE AND/OR NATIONAL MARINE FISHERIES SERVICE 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: 16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER (SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED 17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OF THE USE OF PUBLIC (STATE) LAND? YES ® NO ? (IF NO, GO TO 16) (a) IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT? YES ? NO (b) IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE YES ? NO ? IF ANSWER 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE CLEARINGHOUSE 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. 18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OF 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 STREAM (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OF I INCH EQUALS 100 FEET OF THEIR EQUIVALENT. (b) IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY PRODUCT. (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, sin,lc family, residential. (f) IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE. NOTE: WETLANDS OR WATERS OF THE US MAY NOT BE IMPACTED PRIOR TO: I. ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT, 2. EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF WATER QUALITY CERTIFICATION, AND 3. (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROFOSED ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT PROGRAM. OWNER'S/AGENT'S SIGNATURE DATE (AGENT'S SIGNATURE VALID ONLY IF AUTHORIZATION LETTER FROM THE OWNER IS PROVIDED). • by ? I - ` ??%??-1 % ' , ? ?-+ i , v . , v i ii / i f\ `/ i - ) ;9r / If CO. /jam Replacement of Bridge No. 111 ?.? on SR 1629 over Maple Branch in Warren County. ?? ?. I / ?, \ - \/ ?- < \,I j j is ? / / ? ? ? , . ?- r Figure 1 bm BM 344\\ 1L?, ~ 1:24'000 ??, I r vv/l ?-?` ,? i^?\ ` • ? ,I 'I I ?,?/ Lam`, ( \ 1? 1 /?1?? i I / ? ? 1 1 / /i? ? i ? r?? _'`1 i _ ; ?\.? J,j ?? ?'? ` I ? ? ? i X1'1 '? /? `? '\ v ^? ?\'? \\ /?i'1 I ?/ r?? //^ ? I / ?? \)\ --f ' ?/- •- , \?f ?1`) '64 272 -v,?' ?,? ?"? 11?-? ?., ??.'_?A?,` ? ? v•?, ,? ??? , '?a? III d / / ??" /w, - /? ? ?? /? I ! / ? _ 11 ?, fL, PAA It ,r Bride No. 111 `•?,! .?1 i 4 ? C"j I I ?0 z I I I I I I I I tv I ? I Z auoZ ? ? - - , L I auoZ S?- 0 3?? T I o \ 00? I d 0 o Q o Q \ 0,1? r01 I auoZ 8 - ; o Z auoZ I I I I ?? I I I I I I I I I I I I I I rZ 00 6 FO I 0? I I r I I I L1J I I ? I I 00 I I O I I O I I ? I I u7 I I I I I I I I 1 I I I I I 1 I O O u qo?? zz ?3 n > CA Q •? , it y o ? o •c o L 7?? r C13 o > n ?„ N v Q sy.• ? o? v o U :? cq ? ? k O 3 v u C- U U C vi 0 c3 ?_ v G ° cn rUJ Cal tf) O C3C "a N c O U I- 4 ? C3 cj _v CJ Q•C• ?- 0 C3 y U 1 _J N CZ U z .i o u ,. STN[ STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Michael F. Easely GOVERNOR February 12, 2001 North Carolina Division of Water Quality Wetlands/401 Unit 2321 Crabtree Blvd. Raleigh, NC 27604-2260 Attention: Mr. John Dorney Supervisor Lyndo Tippett SECRETARY Subject: Proposed replacement of Bridge No. 111 over Maple Branch on SR 1629 in Warren County. Reference: USACE Permit Application (January 16, 2001). The North Carolina Department of Transportation (NCDOT) applied for applicable permits associated with the replacement of Bridge No. 111 over Maple Branch on SR 1629 in Warren County in a letter to the U. S. Army Corps of Engineers (USACE) on January 16, 2001 (note: a copy of this letter was forwarded to the N.C. Division of Water Quality (NCDWQ) on the same day). Specifically, the NCDOT requested authorization under a Section 404 Nationwide Permit (NWP) 13 to perform streambank stabilization associated with this project. Notification for the use of this NWP to the USACE is required for this project, as the federally protected dwarf wedgemussel (Alasmidonta heterodon) has been observed in the vicinity of the project. The Section 401 Water Quality Certificate (WQC) No. 3258 (which corresponds to MVP 13) does not require written application or approval from the NCDWQ as NCDOT intends to comply with conditions for the WQC. The purpose of this letter is to provide additional information to the NCDWQ concerning riparian buffer impacts associated with the project. Project History In September 1999, Bridge No. 111 over Maple Branch on SR 1629 in Warren County sustained extensive irreparable damage during Hurricane Floyd. Due to heavy rains, the structure washed out and fell into Maple Branch. A population of dwarf wedgemussel, a federally protected species, had been documented within the vicinity of Bridge No. 111. On October 22, 1999, representatives from the NCDOT, U.S. Fish and Division 5, 2612 N. Duke Strect Durlmin, NC 27704 Phone: (919) 560-6081 Fay: (919) 560-3371 Wildlife Service (USFWS) and North Carolina Wildlife Resource Commission (NCWRC) met at the bridge site to discuss the removal and replacement of the structure. It was decided to remove the bridge from the creek as soon as possible. A bridge debris removal plan was proposed and forwarded to the USFWS on November 15, 1999. A Not Likely to Adversely Affect determination for the bridge debris removal was proposed by NCDOT. The USFWS concurred by letter dated November 23, 1999 that the bridge debris removal project is not likely to adversely affect any Federally-listed species, their formally designated critical habitat, or species currently proposed for Federal listing under the Endangered Species Act (ESA). Bridge No. 111 was removed on December 12-13, 1999. Representatives from NCWRC and NCDOT Project Development and Environmental Analysis Branch were present and observed no damage to downstream habitat as a result of the removal. The NCDOT proposes to pave SR 1629 and replace Bridge No. 111 (Figure 1). Impacts to Waters of the United States The project crosses Maple Branch (DWQ Index No. 28-79-20.5), located in Subbasin 03-03-04 of the Tar-Pamlico River Basin. This stream has a Best Usage Classification of Class C NSW. Proposed Project The timber abutment on the south bank of Maple Branch has washed out over the last summer. Currently, this timber abutment is located on the creek bank and is partially submerged in Maple Branch. The NCDOT proposes to remove this abutment using an excavator that is stationed on the roadbed. A turbidity curtain will be placed around the partially submerged timber before removal. The NCDOT proposes to construct a 3-span (consisting of 1@ 25 foot, 1@ 50 foot and 1@ 25 foot) cored slab bridge over Maple Branch. This structure will cross Maple Creek from high ground to high ground as pile bents will be driven into the non- jurisdictional floodplain on each side of the creek. Deck drains are not located over Maple Branch in the proposed design. Runoff from the bridge is directed to deck drains located on the end spans above the floodplain. Class 2 rip rap will be placed under and adjacent to the end spans. Additionally, the NCDOT proposes to slope the creek bank, place a silt fence along the creek bank and line the creek bank with Class 2 rip rap. The rip rap placed under and adjacent to the end spans and along the creek bank will catch and filter runoff from the project and stabilize the creek bank. Approximately 55 feet of rip rap will be placed along the south creek bank and approximately 60 feet of rip rap will be placed along the north creek bank. Federally Protected Species The dwarf wedgemussel has been documented in the vicinity of Bridge No. 111 over Maple Branch. A Biological Assessment was completed by NCDOT to fulfill obligations under Section 7 of the ESA and to address project-related concerns with respect to the dwarf wedgemussel. The NCDOT has concluded that the construction of the project will reduce existing impacts to the aquatic ecosystem and the dwarf wedgemussel population. The adherence to proposed design and practicable Best Management Practices (BMPs) for the Protection of Surface Waters, High Quality Water (HQW) Erosion Control Guidelines, Design Standards in Sensitive Watersheds and protocols to conserve the habitat of federally protected mussels during bridge replacement will eliminate any potential adverse impacts to the dwarf wedgemussel population during construction. The NCDOT has concluded that project construction is not likely to adversely affect the dwarf wedgemussel. The NCODT forwarded a copy of the Biological Assessment to the USFWS on January 16, 2001 and requested a concurrence of our findings. Riparian Buffer Impacts This project was discussed in a meeting with John Hennessy and Todd St. John of the NCDWQ on October 31, 2000. Bridge No. 111 and SR 1629 existed as a transportation facility within the riparian buffer as of July 22, 1997. This project is being constructed within the footprint of the existing use. Level spreaders will be constructed where the roadside ditches terminate outside of the 50 foot riparian buffer. The level spreaders will be directed to divert runoff to the heavily wooded riparian buffer. These structures will allow the runoff from the ditches to be converted to diffuse flow and restrict sediment and nutrient input into Maple Branch. It was incorrectly determined in the USACE permit application dated January 16, 2001 that the project is exempt from the rule. Construction of the project will result in the placement of 55 feet of rip rap along the south creek bank and 60 feet of rip rap along the north creek bank. Rip rap will also be placed under and adjacent to the end spans to filter runoff from the project (See Figure 2). Based on the impacts to the riparian buffer at this site, it is now determined that this crossing is allowable under Streambank Stabilization. The NCDOT is requesting that the NCDWQ complete a "no practicable alternatives" determination. The NCDOT certifies that the criteria documented in Sub-Item (8)(a) of the buffer rules (which find that there are no practical alternatives to the project) are met. The NCDOT requests an Authorization Certificate for this project. Information supporting that there are no practical alternatives for the issuance of this certification is summarized below: o Improvements must be conducted at the site to provide for adequate safety for vehicular traffic. The previous Bridge No. 111 was washed out after Hurricane Floyd. The construction of the project will re-establish this travel corridor. o The fill slopes have been reduced to 2:1. o The adherence to proposed design and practicable Best Management Practices (BMPs) for the Protection of Surface Waters, High Quality Water (HQW) Erosion Control Guidelines, Design Standards in Sensitive Watersheds and protocols to conserve the habitat of federally protected mussels during bridge replacement will eliminate any potential adverse impacts to the dwarf wedgemussel population during construction and reduce impacts to the Maple Branch and the riparian buffer. ® The amount of rip rap placed along Maple Branch has been reduced to the minimum amount necessary to provide adequate streambank stabilization. Summary The NCDOT proposes to remove a timber abutment that has washed out and is partially submerged in Maple Branch with an excavator. A turbidity curtain will be placed around the partially submerged timber abutment before excavation. Additionally, NCDOT proposes to replace Bridge No. 111 over Maple Branch. This will involve construction of a 3-span cored slab bridge over Maple Branch. The NCDOT will stabilize the creek bank with Class 2 rip rap. Approximately 55 feet of rip rap will be placed along the south creek bank and approximately 60 feet of rip rap will be placed along the north creek bank. The project is located in the Tar-Pamlico River Basin and is subject to the Riparian Buffer Rule. Based on this re-evaluation of the impacts to the riparian buffer at this site, this crossing is allowable. The NCDOT is requesting that the NCD`VQ complete a "no practicable alternatives" determination and subsequently issue an Authorization Certificate for this project. A pre-construction notification is attached with this request. If you have any questions or need additional information, please contact me at (919) 560-6081. Sincerely, Christopher A. Murray, P.W.S. Environmental Officer cc: Scott Capps, P.E., NCDOT District Engineer, Henderson DWQ ID: CORPS ACTION ID: 200120024 PRE-CONSTRUCTION NOTIFICATION APPLICATION FOR RIPARIAN BUFFER IMPACTS FOR: APPLICATION FOR NCDWQ RIPARIAN BUFFER AUTHORIZATION CERTIFICATION SEND THE ORIGINAL AND (1) COPY OF TfIIS COMPLETED FORM TO: NC DIVISION OF WATER QUALITY, ATTN: JOHN DORNEY, 2321 CRABTREE BLVD., RALEIGH, NC 27604. PLEASE PRINT OR TYPE. 1. OWNER'S NAME: North Carolina Dept. of Transportation, Division 5 2. MAILING ADDRESS: 2612 N. Duke Street SUBDIVISION NAME CITY: Durham STATE: NC ZIP CODE: 27704 PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING ADDRESS ABOVE): SR 1629, Warren County 3. TELEPHONE NUMBER: (HOME) (WORK) (919) 560-6081 4. IF APPLICABLE: AGENTS NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: Christopher A. Murray, Division 5 Environmental Officer 5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR AERIAL PHOTOGRAPHY WITH SCALE): COUNTY: Warren - NEAREST TOWN: Inez SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ECT.) SR 1629 6. IMPACTED OR NEAREST STREAM/RIVER: Maple Branch RIVER BASIN: Tar-Pamlico 7. (a) 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 ® IF YES, EXPLAIN: (b) IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES ? NO (c) 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? 8. (a) HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROJECT? YES ? NO ® IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION): (b) ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE? YES ? NO ® IF YES, DESCRIBE ANTICIPATED WORK: 9. (a) ESTIMATED TOTAL NUMBERS OF ACRES IN TRACT OF LAND: (b) ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: 0.0 acres 10. (a) NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: FILLING: EXCAVATION: FLOODING: OTHER : DRAINAGE : TOTAL ACRES TO BE IMPACTED: 0.0 acres (b) (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION: LENGTH BEFORE: See Cover Letter FT AFTER: FT WIDTH BEFORE (based on normal high water contours): FT AVERAGE DEPTH BEFORE: FT AFTER: FT (b) (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: Streambank stabilization (NWP 13). 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; 81/2 BY I I DRAWINGS ONLY) Replacement of Bridge No. I I I over Maple Branch and streambank stabilization. PURPOSE OF PROPOSED WORK: Replacement of Bridj!c No. I l l over Maple Branch and streambank stabilization. 13. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS) No impacts to wetlands. 15. YOU ARE REQUIRED TO CONTACT THE US FISH AND WILDLIFE SERVICE AND/OR NATIONAL MARINE FISHERIES SERVICE 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: 16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER (SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED 17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OF THE USE OF PUBLIC (STATE) LAND? YES ® NO ? (IF NO, GO TO 16) (a) IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT? YES ? NO (b) IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE YES ? NO ? IF ANSWER 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE CLEARINGHOUSE 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. 18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OF 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 STREAM (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE I INCH EQUALS 50 FEET OF I INCH EQUALS 100 FEET OF THEIR EQUIVALENT. (b) IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY PRODUCT. (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, sing-le family, residential. (f) IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE. NOTE: WETLANDS OR WATERS OF THE US 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 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. OWNER'S/AGENT'S SIGNATURE DATE (AGENT'S SIGNATURE VALID ONLY IF AUTHORIZATION LETTER FROM THE OWNER IS PROVIDED). lY.. ,_ ? =---J?- 3 ??•?--/? i ice, ? / r ? ' y ,, ? ? ? -- ,?? ? J ? j - ? ?f_ - /? J C ? ? 370., --• - ??\ ? ?-1 ? ' \) l ??/ ?' ` 1 ?' /? ? I " ' ' / _1_? _-. ? r' _ Replacement of Bridge No. 11 l _ SR 1629 over Maple Branch ?Ce Vv )?? (??- .... ?. 177 61- ?11 lri WarPf n County. 1 BM BM 34d Figure 1:2?F,000 a l ' / ?? ?''? V III I -A_ I Ir ? ? ?. ? 1 ? ? r ?/d??-????/1A,?j ??? •1?I?/;,???/??/?? ? ??i ? \? ? ???\?? "?? \?? ???? ?? ? ?? ?. ,1 •1 ?> ' ) / , 1`? .. C? ?? / ? ? L/l'1 \ ?71 ?\ , ?.? I ?I <<? ?/ I `? ?/ \I\ ? i ? lam./?/''?1<. SN JJ _?I % ?: il? Ziw???? ? (?'_' -? ? 11 L ??\? J34 1\ 1Gd\??`aC`%/..`'e / \?(? / i //????/ -f / /L -'? / !_'I - Fork i i Bridge No. 111 \! Lit°? II 1 ?1 ` ,1 ? -?\ 1 1 11 I. r f? I FI 0 k./ 41 7,[ OOi 6 I I I uj I I O I O I p I O 0 J0 -4 \ 0 0 0 zc o QO bao Q - ~ p 0 •?3Zyy`? a ?. a N I I I I I I 1 I I I I I I 1 I 1 I I --4.1 -, 1 I Z OUOZ j Ouo2 0 HJNV2i8 T _ _ _ ?a? a0a _ _ _ . ?ocroa 8 0.0.01 i Ouoz I Z OUoz I i d o ? o U ?- - p p ? c?^s C`1 zz ?3 A Q •? V v •, ? O o O ? b O ° p n a ~ ? 2A U ?s C~'J [ J-- y N k O V U N C V1 C3 c3 ??coa a , C LF V) c p cs 'o -Fl h G. aj ,, U a _a >~ . F=> ate ^J ? ? J O ? L1• ?. Z •: p u d . tlA7[o Y ?y STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Michael F. Easely GOVERNOR February 12, 2001 North Carolina Division of Water Quality Wetlands/401 Unit 2321 Crabtree Blvd. Raleigh, NC 27604-2260 Attention: Mr. John Dorney Supervisor Lyndo Tippett SECRETARY Subject: Proposed replacement of Bridge No. 111 over Maple Branch on SR 1629 in Warren County. Reference: USACE Permit Application (January 16, 2001). The North Carolina Department of Transportation (NCDOT) applied for applicable permits associated with the replacement of Bridge No. 111 over Maple Branch on SR 1629 in Warren County in a letter to the U. S. Army Corps of Engineers (USACE) on January 16, 2001 (note: a copy of this letter was forwarded to the N.C. Division of Water Quality (NCDWQ) on the same day). Specifically, the NCDOT requested authorization under a Section 404 Nationwide Permit (NWP) 13 to perform streambank stabilization associated with this project. Notification for the use of this NWP to the USACE is required for this project, as the federally protected dwarf wedgemussel (Alasmid onta heterodon) has been observed in the vicinity of the project. The Section 401 Water Quality Certificate (WQC) No. 3258 (which corresponds to NWP 13) does not require written application or approval from the NCDWQ as NCDOT intends to comply with conditions for the WQC. The purpose of this letter is to provide additional information to the NCDWQ concerning riparian buffer impacts associated with the project. Project History In September 1999, Bridge No. 111 over Maple Branch on SR 1629 in Warren County sustained extensive irreparable damage during Hurricane Floyd. Due to heavy rains, the structure washed out and fell into Maple Branch. A population of dwarf wedgemussel, a federally protected species, had been documented within the vicinity of Bridge No. 111. On October 22, 1999, representatives from the NCDOT, U.S. Fish and Division 5, 2612 N. Duke Street, Durham, NC 27704 Phone: (919) 560-6081 Fat: (919) 560-3371 Wildlife Service (USFWS) and North Carolina Wildlife Resource Commission (NCWRC) met at the bridge site to discuss the removal and replacement of the structure. It was decided to remove the bridge from the creek as soon as possible. A bridge debris removal plan was proposed and forwarded to the USFWS on November 15, 1999. A Not Likely to Adversely Affect determination for the bridge debris removal was proposed by NCDOT. The USFWS concurred by letter dated November 23, 1999 that the bridge debris removal project is not likely to adversely affect any Federally-listed species, their formally designated critical habitat, or species currently proposed for Federal listing under the Endangered Species Act (ESA). Bridge No. 111 was removed on December 12-13, 1999. Representatives from NCWRC and NCDOT Project Development and Environmental Analysis Branch were present and observed no damage to downstream habitat as a result of the removal. The NCDOT proposes to pave SR 1629 and replace Bridge No. 111 (Figure 1). Impacts to Waters of the United States The project crosses Maple Branch (DWQ Index No. 28-79-20.5), located in Subbasin 03-03-04 of the Tar-Pamlico River Basin. This stream has a Best Usage Classification of Class C NSW. Proposed Project The timber abutment on the south bank of Maple Branch has washed out over the last summer. Currently, this timber abutment is located on the creek bank and is partially submerged in Maple Branch. The NCDOT proposes to remove this abutment using an excavator that is stationed on the roadbed. A turbidity curtain will be placed around the partially submerged timber before removal. The NCDOT proposes to construct a 3-span (consisting of 1@ 25 foot, 1@ 50 foot and 1@ 25 foot) cored slab bridge over Maple Branch. This structure will cross Maple Creek from high ground to high ground as pile bents will be driven into the non- jurisdictional floodplain on each side of the creek. Deck drains are not located over Maple Branch in the proposed design. Runoff from the bridge is directed to deck drains located on the end spans above the floodplain. Class 2 rip rap will be placed under and adjacent to the end spans. Additionally, the NCDOT proposes to slope the creek bank, place a silt fence along the creek bank and line the creek bank with Class 2 rip rap. The rip rap placed under and adjacent to the end spans and along the creek bank will catch and filter runoff from the project and stabilize the creek bank. Approximately 55 feet of rip rap will be placed along the south creek bank and approximately 60 feet of rip rap will be placed along the north creek bank. Federally Protected Species The dwarf wedgemussel has been documented in the vicinity of Bridge No. 111 over Maple Branch. A Biological Assessment was completed by NCDOT to fulfill obligations under Section 7 of the ESA and to address project-related concerns with respect to the dwarf wedgemussel. The NCDOT has concluded that the construction of the project will reduce existing impacts to the aquatic ecosystem and the dwarf wedgemussel population. The adherence to proposed design and practicable Best Management Practices (BMPs) for the Protection of Surface Waters, High Quality Water (HQ`') Erosion Control Guidelines, Design Standards in Sensitive Watersheds and protocols to conserve the habitat of federally protected mussels during bridge replacement will eliminate any potential adverse impacts to the dwarf wedgemussel population during construction. The NCDOT has concluded that project construction is not likely to adversely affect the dwarf wedgemussel. The NCODT forwarded a copy of the Biological Assessment to the USFWS on January 16, 2001 and requested a concurrence of our findings. Riparian Buffer Impacts This project was discussed in a meeting with Jolm Hennessy and Todd St. John of the NCDWQ on October 31, 2000. Bridge No. 111 and SR 1629 existed as a transportation facility within the riparian buffer as of July 22, 1997. This project is being constructed within the footprint of the existing use. Level spreaders will be constructed where the roadside ditches terminate outside of the 50 foot riparian buffer. The level spreaders will be directed to divert runoff to the heavily wooded riparian buffer. These structures will allow the runoff from the ditches to be converted to diffuse flow and restrict sediment and nutrient input into Maple Branch. It was incorrectly determined in the USACE permit application dated January 16, 2001 that the project is exempt from the rule. Construction of the project will result in the placement of 55 feet of rip rap along the south creek bank and 60 feet of rip rap along the north creek bank. Rip rap will also be placed under and adjacent to the end spans to filter runoff from the project (See Figure 2). Based on the impacts to the riparian buffer at this site, it is now determined that this crossing is allowable under Streambank Stabilization. The NCDOT is requesting that the NCDWQ complete a "no practicable alternatives" determination. The NCDOT certifies that the criteria documented in Sub-Item (8)(a) of the buffer rules (which find that there are no practical alternatives to the project) are met. The NCDOT requests an Authorization Certificate for this project. Information supporting that there are no practical alternatives for the issuance of this certification is summarized below: o Improvements must be conducted at the site to provide for adequate safety for vehicular traffic. The previous Bridge No. 111 was washed out after Hurricane Floyd. The construction of the project will re-establish this travel corridor. o The fill slopes have been reduced to 2:1. o The adherence to proposed design and practicable Best Management Practices (BMPs) for the Protection of Surface Waters, High Quality Water (HQW) Erosion Control Guidelines, Design Standards in Sensitive Watersheds and protocols to conserve the habitat of federally protected mussels during bridge replacement will 4 eliminate any potential adverse impacts to the dwarf wedgemussel population during construction and reduce impacts to the Maple Branch and the riparian buffer. o The amount of rip rap placed along Maple Branch has been reduced to the minimum amount necessary to provide adequate streambank stabilization. Summary The NCDOT proposes to remove a timber abutment that has washed out and is partially submerged in Maple Branch with an excavator. A turbidity curtain will be placed around the partially submerged timber abutment before excavation. Additionally, NCDOT proposes to replace Bridge No. 111 over Maple Branch. This will involve construction of a 3-span cored slab bridge over Maple Branch. The NCDOT will stabilize the creek bank with Class 2 rip rap. Approximately 55 feet of rip rap will be placed along the south creek bank and approximately 60 feet of rip rap will be placed along the north creek bank. The project is located in the Tar-Pamlico River Basin and is subject to the Riparian Buffer Rule. Based on this re-evaluation of the impacts to the riparian buffer at this site, this crossing is allowable. The NCDOT is requesting that the NCDWQ complete a "no practicable alternatives" determination and subsequently issue an Authorization Certificate for this project. A pre-construction notification is attached with this request. If you have any questions or need additional information, please contact me at (919) 560-6081. Sincerely, a-c, Christopher A. Murray, P.W.S. Environmental Officer cc: Scott Capps, P.E., NCDOT District Engineer, Henderson DWQ ID: CORPS ACTION ID: 200120024 PRE-CONSTRUCTION NOTIFICATION APPLICATION FOR RIPARIAN BUFFER IMPACTS FOR: APPLICATION FOR NCDWQ RIPARIAN BUFFER AUTHORIZATION CERTIFICATION SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO: NC DIVISION OF WATER (QUALITY, ATTN: JOHN DORNEY, 2321 CRABTREE BLVD., RALEIGH, NC 27604. PLEASE PRINT OR TYPE. 1. OWNER'S NAME: North Carolina Dept. of Transportation, Division 5 2. MAILING ADDRESS: 2612 N. Duke Street SUBDIVISION NAME CITY: Durham STATE: NC ZIP CODE: 27704 PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING ADDRESS ABOVE): SR 1629, Warren County 3. TELEPHONE NUMBER: (HOME) (WORK) (919) 560-6081 4. IF APPLICABLE: AGENTS NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: Christopher A. Murray. Division 5 Environmental Officer 5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR AERIAL PHOTOGRAPHY WITH SCALE): COUNTY: Warren -NEAREST TOWN: Inez SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ECT.) SR 1629 6. IMPACTED OR NEAREST STREAM/RIVER: Maple Branch RIVER BASIN: Tar-Pamlico 7. (a) 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 ® IF YES, EXPLAIN: (b) IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES ? NO (c) 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? 8. (a) HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROJECT? YES ? NO ® IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION): (b) ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE? YES ? NO ® IF YES, DESCRIBE ANTICIPATED WORK: 9. (a) ESTIMATED TOTAL NUMBERS OF ACRES IN TRACT OF LAND: (b) ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: 0.0 acres 10. (a) NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: FILLING: EXCAVATION: FLOODING: OTHER: DRAINAGE : TOTAL ACRES TO BE IMPACTED: 0.0 acres (b) (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION: LENGTH BEFORE: See Cover Letter FT AFTER: FT WIDTH BEFORE (based on nonnal high water contours): FT AVERAGE DEPTH BEFORE: FT AFTER: FT (b) (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: Streambank stabilization (NWP 13). 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; 81/2 BY I I DRAWINGS ONLY) Replacement of Bride No. I11 over Maple Branch and streambank stabilization. PURPOSE OF PROPOSED WORK: Replacement of Bridge No. 111 over Maple Branch and streambank stabilization. 13. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS) No impacts to wetlands. 15. YOU ARE REQUIRED TO CONTACT THE US FISH AND WILDLIFE SERVICE AND/OR NATIONAL MARINE FISHERIES SERVICE 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: 16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER (SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED 17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OF THE USE OF PUBLIC (STATE) LAND? YES ® NO ? (IF NO, GO TO 16) (a) IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT? YES ? NO (b) IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE YES ? NO ? IF ANSWER 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE CLEARINGHOUSE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT. QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE DIRECTED TO NIS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH, NORTH CAROLINA 27603-8003, TELEPHONE (919) 733-6369. 18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OF 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 STREAM (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OF I INCH EQUALS 100 FEET OF THEIR EQUIVALENT. (b) IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY PRODUCT. (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. (c) WHAT IS LAND USE OF SURROUNDING PROPERTY? Forested, single family, residential. (f) IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE. NOTE: WETLANDS OR WATERS OF THE US 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 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. OWNER'S/AGENT'S SIGNATURE DATE (AGENT'S SIGNATURE VALID ONLY IF AUTHORIZATION LETTER FROM THE OWNER IS PROVIDED). Replacement of Bridge No. 111 on SR 1629 over Maple Branch . ?`\ h _ ?? : - % ?- \.?\`•1? -?' \\???- -' ;` in Warren County r \1• / I I Figure 1 1:24,000 ©M BM 344:v ? - i \x -?? I w?' I^.?--?•\rl ?" 1` \ \.1'? ? ? /' ??`/'? :__? °-?\ 1 '-? v ?-/; `???\?^? \ \?? ?? i `?,`: 1\I? .. y ?`Il Jl? `\? ?`J`? -II l,J?, I ?i ii \?'1' \? ?\??? ? ( (r J`?"I \\?.\? ???III?`??/?\ /? /?ji? •??,I--? I? /[_\?i \\ `'??1• _ ? ? ;,v ?-?-'? _? V ? /?ili) ????? ?? ? L? ? -? ? ?I L'??V??:7J? (\ .???' 1.?.?? /ice ? ??? 11- ???,.? ? / ? ? ??I? 1 \ 16 a-, I J , `/ . i ?i'; / /_?/ `?? `V? _/?• ( i /i/!r ol. ' _ I' ?? w•? V :E40 rCtapel 271? f -• ?^ ?? , A ? / ? ?- ? 1 _\ ?_ ; A?O ? _! V ? 11 - ? • Bridge No. I l 1? vv r ?. it f 11 ? i I I 3-zl I I , I , ? I I I I? I I N I i I I I I --- --- - _-_ ?_ -F? i Z auoZ \1 I j auoZ o ? o ao g -?-' I aa0p 0 . HONVM3 31dVVI `?-- -- aoM700oo o - • j auoZ ? oe 01 --r o ?. I - a ?_ - -I_a-O a _ I \ Z auoZ I , I I I I ? I I I Z I I I I I I 00-6 F I Oy 1 I I I I I w I I ? I 00 I I O I I O I I O I I ? I I I I I I I I I I I 1 I I I d o' C) A W oC U zz?? A cs, p o ? N 0 n O .a ?7 w ??.+ . j 48 b O > = o " ?; o c-j .0 ?> u cl cA n ca y «' ca vli k O V U a+ cc3 ccl ci rl p -ti) +-t?D CQJ 1211. CA,C a r- CO O C-4 O c3 X CJ C'J 0) Q n L ^? ? as _a ?. r,? ? c3 y z > O u N. C. DEYAIZ'1'AII:N'1' Ob' 7'R.1NSP07t1'A'I'ION TRANSMITTAL SLIP DATE Z - ZV U I TO: 7v?^ ??enne< F ROM: ACTION REF. NO. OR ROOM, ULIIt;. REF. NO. OR ROOM. 111-06. ? NOTE AND FILE ? PCR OUR CONVERSATION ? NOTE AND RETURN TO ME ? PCR YOUR REQUEST ? RETURN WITH MORE DETAILS ? FOR YOUR APPROVAL ? NOTE AND SEE MC AUOUT THIS ? FOR YOUR INFORMATION ? PLEASE ANSWLR ? FOR YOUR COMMENTS ? PREPARE REPLY FOR MY SIGNATURE ? SIGNATURE ? TAKE APPROPRIATE ACTION ? INVESTIGATE AND REPORT COMMENTS: S6 ?11 kete aye ? ?0??1 e> of Ol+?+??1 w (? d?,te?1 1 16-01. f 1ot,!Oat on VC clj ;,,e-jr(eci*cy l/or ?File?t is 'Xe?pt. Ii ?JaS nDf ?,IVI) Z//L 1??1 r (Pc,IITCo? ?}ln?,f- ? j t ?' e c?- w/?ln ?jfrPa..,?.??? S{? +?Izc ?l c,1. cnf n /yew Q1h,4- i's a ((suoe e)vv, s0?c? LIIZI?I. )E'? a ?e?C? (s?lM.? W(ev 1L, leJ (? u?-cJ' zl iz141. µ 1(•A7F,• 2001 nz STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Michael F. Easely P.O. BOX 25201, RALEIGH, N.C. 27611-5201 David McCoy GOVERNOR SECRETARY January 16, 2001 U.S. Army Corps of Engineers Raleigh Regulatory Field Office 6508 Falls of the Neuse Road, Suite 120 Raleigh, NC 27609 Attention: Mr. Eric Alsmeyer NCDOT Coordinator Subject: Proposed replacement of Bridge No. 111 over Maple Branch and upgrade SR 1629 in Warren County. Action ID No. 200120024. In September 1999, Bridge No. 111 over Maple Branch on SR 1629 in Warren County sustained extensive irreparable damage during Hurricane Floyd. Due to heavy rains, the structure washed out and fell into Maple Branch. A population of dwarf wedgemussel (Alasmidonta heterodon), a federally protected species, had been documented within the vicinity of Bridge No. 111. On October 22, 1999, representatives from the North Carolina Department of Transportation (NCDOT), U.S. Fish and Wildlife Service (USFWS) and North Carolina Wildlife Resource Commission (NCWRC) met at the bridge site to discuss the removal and replacement of the structure. It was decided to remove the bridge from the creek as soon as possible. A bridge debris removal plan was proposed and forwarded to the USFWS on November 15, 1999. A Not Likely to Adversely Affect determination for the bridge debris removal was proposed by NCDOT. The USFWS concurred by letter dated November 23, 1999 that the bridge debris removal project is not likely to adversely affect any Federally-listed species, their formally designated critical habitat, or species currently proposed for Federal listing under the ESA. Bridge No. 111 was removed on December 12-13, 1999. Representatives from NCWRC and NCDOT Project Development and Environmental Analysis Branch were present and observed no damage to downstream habitat as a result of the removal. The North Carolina Department of Transportation (NCDOT) proposes to pave SR 1629 and replace Bridge No. 111 (Figure 1). Total project length is 1.9 miles. There is no U.S. Federal Highway Administration (FHWA) funding for this project. Division 5, 2612 N. Duke Street, Durlun, NC 27704 Phone: (919) 560-6081 Fax: (919) 560-3371 ? ? ?------_--t-16?d0-1 ivt `,AV???:??/???' t? I/ ? 1 l ; i-? ? ?, // / , ?/ A?t•?i/ ? v° ?? ? f ?1?-, ???` ? ? ,4_ ?I - \ • / / Wrl Replacement of Bridge No I i ' ?" \ >> 1 / : / 1 .;'=v On SR 1629 01er flu le Brmc Warren Courav. - ?? i \ \.,??I 1?= =? Figure 1 1:24,000 ' / ,'A 11 I / I ? O ? ?. ?-? / ' ? .I \ 1 / v ! 1 .'.??1 ? ?!1 ?? l? ? I `'? \ ?~ ,\ J/ ' t / '? ?i / , -? /,c ?\ ••\ ?' i /??? i ??- , • ?? 755J1' \ I? J i / ? ?1\?,/' I I . j % ` ??'_ ? i` , l G ( I -\ 3W F .k/tom 0540 C\hapel, /' J `\BM 2`4 'Jil \\? ` I/i 11 i .-?,.% ? \\I ?? I ?? -- ?\'y? l/- \\ j ? \ \ `?. ,/. J o ,I ? ? J f' \ ?,? 1 ` I \\\?, ? j , / \?, / ? i? ? it -- I L fill ! _ \?. J? \ r r I BNI I Jv? ) ` 457 / -? Bridge N / i , / Q o. 111 e4l Impacts to Waters of the United States The project crosses Maple Branch (DWQ Index No. 28-79-20.5), located in Subbasin 03-03-04 of the Tar-Pamlico River Basin. This stream has a Best Usage Classification of Class C NSW. Proposed Project The timber abutment on the south bank of Maple Branch has washed out over the last summer. Currently, this timber abutment is located on the creek bank and is partially submerged in Maple Branch. The NCDOT proposes to remove this abutment using an excavator that is stationed on the roadbed. A turbidity curtain will be placed around the partially submerged timber before removal. The NCDOT proposes to construct a 3-span (consisting of 1@ 25 foot, 1@ 50 foot and 1@ 25 foot) cored slab bridge over Maple Branch. This structure will cross Maple Creek from high ground to high ground as pile bents will be driven into the non- jurisdictional floodplain on each side of the creek. Deck drains are not located over Maple Branch in the proposed design. Runoff from the bridge is directed to deck drains located on the end spans above the floodplain. Class 2 rip rap will be placed under and adjacent to the end spans. Additionally, the NCDOT proposes to slope the creek bank, place a silt fence along the creek bank and line the creek bank with Class 2 rip rap. The rip rap placed under and adjacent to the end spans and along the creek bank will catch and filter runoff from the project and stabilize the creek bank. Approximately 55 feet of rip rap will be placed along the south creek bank and approximately 60 feet of rip rap will be placed along the north creek bank. Federally Protected Species The dwarf wedgemussel has been documented in the vicinity of Bridge No. 111 over Maple Branch. A Biological Assessment was completed by NCDOT to fulfill obligations under Section 7 of the Endangered Species Act and to address project-related concerns with respect to the dwarf wedgemussel. The NCDOT has concluded that the construction of the project will reduce existing impacts to the aquatic ecosystem and the dwarf wedgemussel population. The adherence to proposed design and practicable Best Management Practices (BMPs) for the Protection of Surface Waters, High Quality Water (HQW) Erosion Control Guidelines, Design Standards in Sensitive Watersheds and protocols to conserve the habitat of federally protected mussels during bridge replacement will eliminate any potential adverse impacts to the dwarf wedgemussel population during construction. The NCDOT has concluded that project construction is not likely to adversely affect the dwarf wedgemussel. The NCODT forwarded a copy of the Biological Assessment to the USFWS on January 16, 2001 and requested a concurrence of our findings. -1 Permit Issues The NCDOT is requesting authorization under a Section 404 Nationwide Permit (NWP) 13 to perform streambank stabilization. Notification for the use of this NWP to the USACE is required for this project, as the federally protected dwarf wedgemussel has been observed in the vicinity of the project. As stated above, the NCDOT has requested concurrence from the USFWS that the project is not likely to adversely affect the dwarf wedgemussel at the project. A Pre-Construction Notification is attached to this letter. The Section 401 Water Quality Certificate (WQC) No. 3258 (which corresponds to NWP 13) does not require written application or approval from the N.C. Division of Water Quality (NCDWQ) as NCDOT intends to comply with conditions for the WQC. A courtesy copy of the permit application is supplied to NCDWQ. Riparian Buffer Impacts This project was discussed in a meeting with John Hennessy and Todd St. Jolm of the NCDWQ on October 31, 2000. Bridge No. 111 and SR 1629 existed as a transportation facility within the riparian buffer as of July 22, 1997. This project is being constructed within the footprint of the existing use. Therefore, it was determined that this project is exempt from the Rule. Level spreaders will be constructed where the roadside ditches terminate outside of the 50 foot riparian buffer. The level spreaders will be directed to divert runoff to the heavily wooded riparian buffer. These structures will allow the runoff from the ditches to be converted to diffuse flow and restrict sediment and nutrient input into Maple Branch. Summary The NCDOT proposes to remove a timber abutment that has washed out and is partially submerged in Maple Branch with an excavator. A turbidity curtain will be placed around the partially submerged timber abutment before excavation. Additionally, NCDOT proposes to replace Bridge No. 111 over Maple Branch. This will involve construction of a 3-span cored slab bridge over Maple Branch. The NCDOT will stabilize the creek bank with Class 2 rip rap. Approximately 55 feet of rip rap will be placed along the south creek bank and approximately 60 feet of rip rap will be placed along the north creek bank. The NCDOT asks that the streambank stabilization be authorized under a Section 404 NWP 13. The NCDOT will adhere to all applicable Section 404 NWP and Section 401 WQC conditions. If you have any questions or need additional information, please contact me at (919) 560-6081. Sincerely, Christophe . Murray, P.W.S. Environmental Officer cc: Mr. David Franklin, USACE, Wilmington Mr. John Dorney, NCDWQ, Raleigh Mr. David Cox, NCWRC, Creedmoor Mr. Garland Pardue, USFWS, Raleigh Mr. Ricky Greene, P.E., NCDOT Division Construction Engineer, Durham Mr. Scott Capps, P.E., NCDOT District Engineer, Durham Dyb'Q ID: CORPS ACTION ID: 200120024 NATIO'i'NWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERNIIT,'I) 13 PRE-CONSTRUCTION NOTIFICATION APPLICATION FOR IMPACTS TO WATERS OF THE U.S. 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). Two (2) COPIES MUST BE SENT TO THE NC DIVISION OF WATER QUALITY, ATTN: JOHN DORNEY, 4.101 REEDY CREEP: ROAD, RALEIGH, NC 27607. PLEASE PRINT OR TYPE. 1. OWNER'S NA1l%IE: North Carolina Dent. of Transportation, Division 5 2. NLMLNG ADDRESS: 2612 N. Duke Street SUBDIVISION NAYIE CITY: Durham STATE: NC ZIP CODE: 27704 PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING ADDRESS ABOVE): SR 1629, W?rren County 3. TELEPHONE NUMBER: (HOME) (WORK) (919) 560-6031 4. IF APPLICABLE: AGENTS NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: Christopher A. hfurray Division 5 Environmental Officer 5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR AERIAL PHOTOGRAPHY WITH SCALE): COUNTY: Warren - NEAREST TOWN: Inez SPECIFIC LCCATION (INCLUDE ROAD NUMBERS,. LANDMARKS, ECT.) SR 1629 6. IMPACTED OR NEAREST STREAM/RIVER: Maple Branch RIVER BASIN: Tar-Pamlico 7. (a) IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER, (SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER SUPPLY (WS-1 OR WS-II)? YES ? NO ® IF YES, EXPLAIN: (b) IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL ;MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES [I NO 2] (c) IF THE PROJECT IS LOCATED WITHINA COASTAL COUNTY (SEE PAGE 7 FOR LIST OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION? 8. (a) HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROJECT? YES [] NO ® IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION): (b) ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE? YES ? NO ® IF YES, DESCRIBE ANTICIPATED WORK: 9. (a) ESTIMATED TOTAL NUMBERS OF ACRES IN TRACT OF LAND: (b) ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: 0.0 acres 10. (a) NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: FILLING: EXCAVATION: FLOODING: OTHER : DRAINAGE : TOTAL ACRES TO BE IMPACTED: 0.0 acres (b) (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELCCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION: LENGTH BEFORE: See Cover Letter FT AFTER: FT WIDTH BEFORE (based on normal high water contours): FT AVERAGE DEPTH BEFORE: FT AFTER: FT (b) (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: Streambanlc stabilization (NWP 13). 11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED DRANING 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; 81/2 BY 1 I DRAWINGS ONLY) Replacement of Bridpe No. 111 over Maple Branch and streamban'k stabilization. PURPOSE OF PROPOSED WORK: Replacement of Bridge No. I i l over Maple Branch and streambanlc stabilization. 13. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS) No impacts to wetlands. 15. YOU ARE REQUIRED TO CONTACT THE US FISH AND WILDLIFE SERVICE AND/OR NATIONAL MARINE FISHERIES SERVICE 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: lb. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER (SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED 17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OF THE USE OF PUBLIC (STATE) LAND? YES ® NO ? (IF NO, GO TO 16) (a) IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT? YES ? NO (b) IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE YES ? NO ? IF ANSWER 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE CLEARINGHOUSE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT. QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE DIRECTED TO NIS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH, NORTH CAROLINA 27603-8003, TELEPHONE (919) 733-6369. 13. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OF FILL MATERIAL INTO WETLANDS: (a) WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STRE,."IS, LADES, AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUIYIBERS 14, 13, 21, 26, 29, AND 33). ALL STREAM (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE I INCH EQUALS 50 FEET OF 1 INCH EQUALS 100 FEET OF THEIR EQUIVALENT. (b) IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY PRODUCT. (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, single family, residlenti,al. (f) IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE. NOTE: WETLANDS OR WATERS OF THE US MAY NOT BE IMPACTED PRIOR TO: L ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT, 2. EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF 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. OWNER'S/AGENT'S SIGNATURE DATE (AGENT'S SIGNATURE VALID ONLY IF AUTHORIZATION LETTER FROM THE OWNER IS PROVIDED). µ 1[N[ n STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Michael F. Easely P.O. BOX 25201, RALEIGH, N.C. 27611-5201 David McCoy GOVERNOR SECRETARY January 16, 2001 U.S. Army Corps of Engineers Raleigh Regulatory Field Office 6508 Falls of the Neuse Road, Suite 120 Raleigh, NC 27609 Attention: Mr. Eric Alsmeyer NCDOT Coordinator Subject: Proposed replacement of Bridge No. 111 over Maple Branch and upgrade SR 1629 in Warren County. Action ID No. 200120024. In September 1999, Bridge No. 111 over Maple Branch on SR 1629 in Warren County sustained extensive irreparable damage during Hurricane Floyd. Due to heavy rains, the structure washed out and fell into Maple Branch. A population of dwarf wedgemussel (Alasmidonta heterodorn), a federally protected species, had been documented within the vicinity of Bridge No. 111. On October 22, 1999, representatives from the North Carolina Department of Transportation (NCDOT), U.S. Fish and Wildlife Service (USFWS) and North Carolina Wildlife Resource Commission (NCWRC) met at the bridge site to discuss the removal and replacement of the structure. It was decided to remove the bridge from the creek as soon as possible. A bridge debris removal plan was proposed and forwarded to the USFWS on November 15, 1999. A Not Likely to Adversely Affect determination for the bridge debris removal was proposed by NCDOT. The USFWS concurred by letter dated November 23, 1999 that the bridge debris removal project is not likely to adversely affect any Federally-listed species, their formally designated critical habitat, or species currently proposed for Federal listing under the ESA. Bridge No. 111 was removed on December 12-13, 1999. Representatives from NCWRC and NCDOT Project Development and Environmental Analysis Branch were present and observed no damage to downstream habitat as a result of the removal. The North Carolina Department of Transportation (NCDOT) proposes to pave SR 1629 and replace Bridge No. 111 (Figure 1). Total project length is 1.9 miles. There is no U.S. Federal Highway Administration (FHWA) funding for this project. Division 5, 2612 N. Duke Street, Durham, NC 27704 Phone: (919) 560-6081 Fax: (919) 560-3371 77 Replacement of Bridge iV? ,\ / ?' No. 111 \ ?V A ?v pit r v on Bnmch SR 1629 over Xlaple in ?ti arren County. FiZ ure 1 1:2=1 OUO am 34?i\ \, ? ?.` ? i '\ ',,` „ / ? \\ ? \?• .? V' n'r Imo'' _- i I I J 'SdJ) rGh.i>cl, .J il'C, \ aM 2?} ? \I'i\` ? 1\I IIY/ - T 77 Bridge No. 111 -, - __?? ?,il ??,? - - \ n ? iI i 'III ?-. fT- ' _ I Impacts to Waters of the United States The project crosses Maple Branch (DWQ Index No. 28-79-20.5), located in Subbasin 03-03-04 of the Tar-Pamlico River Basin. This stream has a Best Usage Classification of Class C NSW. Proposed Project The timber abutment on the south bank of Maple Branch has washed out over the last summer. Currently, this timber abutment is located on the creek bank and is partially submerged in Maple Branch. The NCDOT proposes to remove this abutment using an excavator that is stationed on the roadbed. A turbidity curtain will be placed around the partially submerged timber before removal. The NCDOT proposes to construct a 3-span (consisting of 1@ 25 foot, 1@ 50 foot and 1@ 25 foot) cored slab bridge over Maple Branch. This structure will cross Maple Creek from high ground to high ground as pile bents will be driven into the non- jurisdictional floodplain on each side of the creek. Deck drains are not located over Maple Branch in the proposed design. Runoff from the bridge is directed to deck drains located on the end spans above the floodplain. Class 2 rip rap will be placed under and adjacent to the end spans. Additionally, the NCDOT proposes to slope the creek bank, place a silt fence along the creek bank and line the creek bank with Class 2 rip rap. The rip rap placed under and adjacent to the end spans and along the creek bank will catch and filter runoff from the project and stabilize the creek bank. Approximately 55 feet of rip rap will be placed along the south creek bank and approximately 60 feet of rip rap will be placed along the north creek bank. Federally Protected Species The dwarf wedgemussel has been documented in the vicinity of Bridge No. 111 over Maple Branch. A Biological Assessment was completed by NCDOT to fulfill obligations under Section 7 of the Endangered Species Act and to address project-related concerns with respect to the dwarf wedgemussel. The NCDOT has concluded that the construction of the project will reduce existing impacts to the aquatic ecosystem and the dwarf wedgemussel population. The adherence to proposed design and practicable Best Management Practices (BMPs) for the Protection of Surface Waters, High Quality Water (HQW) Erosion Control Guidelines, Design Standards in Sensitive Watersheds and protocols to conserve the habitat of federally protected mussels during bridge replacement will eliminate any potential adverse impacts to the dwarf wedgemussel population during construction. The NCDOT has concluded that project construction is not likely to adversely affect the dwarf wedgemussel. The NCODT forwarded a copy of the Biological Assessment to the USFWS on January 16, 2001 and requested a concurrence of our findings. 4 Permit Issues The NCDOT is requesting authorization under a Section 404 Nationwide Permit (NWP) 13 to perform streambank stabilization. Notification for the use of this NWP to the USACE is required for this project, as the federally protected dwarf wedgemussel has been observed in the vicinity of the project. As stated above, the NCDOT has requested concurrence from the USFWS that the project is not likely to adversely affect the dwarf wedgemussel at the project. A Pre-Construction Notification is attached to this letter. The Section 401 Water Quality Certificate (WQC) No. 3258 (which corresponds to NWP 13) does not require written application or approval from the N.C. Division of Water Quality (NCDWQ) as NCDOT intends to comply with conditions for the WQC. A courtesy copy of the permit application is supplied to NCDWQ. Riparian Buffer Impacts This project was discussed in a meeting with John Hennessy and Todd St. John of the NCDWQ on October 31, 2000. Bridge No. 111 and SR 1629 existed as a transportation facility within the riparian buffer as of July 22, 1997. This project is being constructed within the footprint of the existing use. Therefore, it was determined that this project is exempt from the Rule. Level spreaders will be constructed where the roadside ditches terminate outside of the 50 foot riparian buffer. The level spreaders will be directed to divert runoff to the heavily wooded riparian buffer. These structures will allow the runoff from the ditches to be converted to diffuse flow and restrict sediment and nutrient input into Maple Branch. Summary The NCDOT proposes to remove a timber abutment that has washed out and is partially submerged in Maple Branch with an excavator. A turbidity curtain will be placed around the partially submerged timber abutment before excavation. Additionally, NCDOT proposes to replace Bridge No. 111 over Maple Branch. This will involve construction of a 3-span cored slab bridge over Maple Branch. The NCDOT will stabilize the creek bank with Class 2 rip rap. Approximately 55 feet of rip rap will be placed along the south creek bank and approximately 60 feet of rip rap will be placed along the north creek bank. The NCDOT asks that the streambank stabilization be authorized under a Section 404 NWP 13. The NCDOT will adhere to all applicable Section 404 NWP and Section 401 WQC conditions. If you have any questions or need additional information, please contact me at (919) 560-6081. Sincerely, A Christophe. Murray, P.W.S. Environmental Officer cc: Mr. David Franklin, USACE, Wilmington Mr. John Dorney, NCDWQ, Raleigh Mr. David Cox, NCWRC, Creedmoor Mr. Garland Pardue, USFWS, Raleigh Mr. Ricky Greene, P.E., NCDOT Division Construction Engineer, Durham Mr. Scott Capps, P.E., NCDOT District Engineer, Durham Db''Q ID: CORPS ACTION ID: 200126024 NATIONNNIDE PERMIT REQUESTED (PROVIDE 1''lATI01NIVIDE PERMIT #) 13 PIE-CONSTRUCTION NOTIFICATION APPLICATION FOR IMPACTS TO WATERS OF THE U.S. 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 FORTH TO THE APPROPRIATE FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). Two (2) COPIES MUST BE SENT TO THE NC DI'6TISION OF WATER QUALITY, AT'TN: JOHN DORNEY, 4.101 REEDY CREED ROAD, RALEIGH, P IC 27607. PLEASE PRINT OR TYPE. 1. OWNER'S NAitiIE: North Carolina Dent. of Transportation, Division 5 2. NLMLING ADDRESS: 2612 N. Duke Street SUBDIVISION NAME CITY: Durham STATE: NC ZIP CODE: 27704 PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING ADDRESS ABOVE): SR 1629, Warren County 3. TELEPHONE NUMBER: (HOME) (WORK) (919) 560-6031 4. IF APPLICABLE: AGENTS NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: Christopher A Murray Division 5 Environmental Officer 5. LOCATION OF WORK (PROVIDE A N1AP, PREFERABLY A COPY OF USGS TOPOGRAPHIC NIAP OR AERIAL PHOTOGRAPHY WITH SCALE): COUNTY: Warren - NEAREST TOWN: Inez SPECIFIC LOCATION (INCLUDE ROAD NUNIBERS,. LANDMARKS, ECT.) SR 1629 6. INIPACTED OR NEAREST STREANI/RIVER: Mare Branch RIVER BASIN: Tar-Pamlico 7. (a) IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER, (SA), HIGH QUALITY WATERS (HQ \N% OUTSTANDING RESOURCE WATERS (ORW), WATER SUPPLY (WS-I OR WS-II)? YES ? NO ® IF YES, EXPLAIN: (b) IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES 0 NO Fl (c) IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LLB') DESIGNATION? 8. (a) HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROJECT? YES ? NO ® IF YES, PROVIDE ACTION I.D. NUNIBER OF PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION): (b) ARE ADDITIONAL PERN IIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE? YES ? NO ® IF YES, DESCRIBE ANTICIPATED WORK: 9. (a) ESTIMATED TOTAL NUMBERS OF ACRES IN TRACT OF LAND: (b) ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: 0.0 neres 10. (a) NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: FILLING: EXCAVATION: FLOODING: OTHER : DRAINAGE : TOTAL ACRES TO BE IMPACTED: 0.0 acres (b) (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION: LENGTH BEFORE: See Cover Letter FT AFTER: FT WIDTH BEFORE (based on normal high water contours): FT AVERAGE DEPTH BEFORE: FT AFTER: FT (b) (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: Streambank stabilization (NWP 13). 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; 81/2 BY 11 DRAWINGS ONLY) Replacement of Bridge No. 111 over Maple Branch and streambank stabilization. PURPOSE OF PROPOSED WORK: Replacement of Brid1le No. 11 I over Maple Branch and strrambank stabilization. 13. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS) No impacts to wetlands. 15. YOU ARE REQUIRED TO CONTACT THE US FISH AND WILDLIFE SERVICE AND/OR NATIONAL MARINE FISHERIES SERVICE 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: 16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER (SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED 17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OF THE USE OF PUBLIC (STATE) LAND? YES ® NO ? (IF NO, GO TO 16) (a) IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT? YES ? NO ? (b) IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE YES ? NO ? IF ANSWER 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE CLEARINGHOUSE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT. QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE DIRECTED TO NIS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH, NORTH CAROLINA 27603-3003, TELEPHONE (919) 733-6369. 13. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OF FILL MATERIAL INTO WETLANDS: (a) WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES, AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 13, 21, 26, 29, AND 33). ALL STREAM (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OF 1 INCH EQUALS 100 FEET OF THEIR EQUIVALENT. (b) IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY PRODUCT. (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. (c) WHAT IS LAND USE OF SURROUNDING PROPERTY? Forested, singic family, residential. (o IF APPLICABLE, WHAT IS PROPOSEDNIETHOD OF SEWAGE DISPOSAL? SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE. NOTE: WETLANDS OR WATERS OF THE US MAY NOT BE IMPACTED PRIOR TO: I. ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT, 2. EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF 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. OWNER'S/AGENT'S S NATURE DATE (AGENT'S SIGNATURE VALID ONLY IF AUTHORIZATION LETTER FROM THE OWNER IS PROVIDED). va SW[ STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Michael F. Easely P.O. BOX 25201, RALEIGH, N.C. 27611-5201 David McCoy GOVERNOR SECRETARY January 16, 2001 U. S. Army Corps of Engineers Raleigh Regulatory Field Office 6508 Falls of the Neuse Road, Suite 120 Raleigh, NC 27609 Attention: Mr. Eric Alsmeyer NCDOT Coordinator Subject: Proposed replacement of Bridge No. 111 over Maple Branch and upgrade SR 1629 in Warren County. Action ID No. 200120024. In September 1999, Bridge No. 111 over Maple Branch on SR 1629 in Warren County sustained extensive irreparable damage during Hurricane Floyd. Due to heavy rains, the structure washed out and fell into Maple Branch. A population of dwarf wedgemussel (Alasmidonta heterodon), a federally protected species, had been documented within the vicinity of Bridge No. 111. On October 22, 1999, representatives from the North Carolina Department of Transportation (NCDOT), U.S. Fish and Wildlife Service (USFWS) and North Carolina Wildlife Resource Commission (NCWRC) met at the bridge site to discuss the removal and replacement of the structure. It was decided to remove the bridge from the creek as soon as possible. A bridge debris removal plan was proposed and forwarded to the USFWS on November 15, 1999. A Not Likely to Adversely Affect determination for the bridge debris removal was proposed by NCDOT. The USFWS concurred by letter dated November 23, 1999 that the bridge debris removal project is not likely to adversely affect any Federally-listed species, their formally designated critical habitat, or species currently proposed for Federal listing under the ESA. Bridge No. 111 was removed on December 12-13, 1999. Representatives from NCWRC and NCDOT Project Development and Environmental Analysis Branch were present and observed no damage to downstream habitat as a result of the removal. The North Carolina Department of Transportation (NCDOT) proposes to pave SR 1629 and replace Bridge No. 111 (Figure 1). Total project length is 1.9 miles. There is no U.S. Federal Highway Administration (FHWA) funding for this project. Division 5, 2612 N. Duke Street, Durli mn, NC 27704 Phone: (919) 560-6081 Fax: (919) 560-3371 I N, h' ,.`. --??---\---- T?f bd9 ? \? \? / ? (?? I? / ~ '?! I r^\. ?, 1`? / / ? / III, ? ? ? i" I I ? ?\I?-??-? --- V ? •1/ ? ' 1 r - Ch? i \ I ?' /// `I ° /`•. RL' aCeI2?ent of ?' Bridr ?e No. 111 c_ on SR 1629 oti-er Maple Brunch in Warren Coiuity. aM Figure 1 1:21000 \? y. \ \ \` I -` .\ ? / (? \` , III j? '•? rJ/ I ?__ •I ? ? ?? `\??; ?, ? ?_? `? .," ? 1 r,? ? .? ''I \ ` .?? / / ? I i / I ? III , ? ? l/;. 1 ? 1 1 \ ? /.- ? . ?? . ?_ `'?`? .?1 .\.? \ -- •?i i ?%\\,?/ ,? \ ? 1 j l ; ?' • ? tij i\`'` \ ? ? ?/"I, ? ? \ \ i I I ? v?-)?/?' ; ? Vii/ I \ _? 1 /` -=? ? ,, V,l \ / !/'? ?? `Cr I trI lei JX\7J sk; i r r Fork' i U it , ; ECM 1 .) \1 1 /' l x J33- If_ "?•- ?\I ?-- l i \ -- \-? ??????? ? I \ \ ,\?- / i ; ? , J- ,o?/? r ? I ? \. rl I ., ????_/S ? I // ` J ?. / _ r 1; ? .'' ? ^J ?? ? -?I -?', 1 ' .IL. \ \ ? i I ? ? / r /r \\? \?\\ ?. I ? III i \ ) 1 S n 7: \ Bride No. \ `ate t .?? I / -\\ ,..I o\ \ f` / I C J / i Impacts to Waters of the United States The project crosses Maple Branch (DWQ Index No. 28-79-20.5), located in Subbasin 03-03-04 of the Tar-Pamlico River Basin. This stream has a Best Usage Classification of Class C NSW. Proposed Project The timber abutment on the south bank of Maple Branch has washed out over the last summer. Currently, this timber abutment is located on the creek bank and is partially submerged in Maple Branch. The NCDOT proposes to remove this abutment using an excavator that is stationed on the roadbed. A turbidity curtain will be placed around the partially submerged timber before removal. The NCDOT proposes to construct a 3-span (consisting of 1@ 25 foot, 1@ 50 foot and 1@ 25 foot) cored slab bridge over Maple Branch. This structure will cross Maple Creek from high ground to high ground as pile bents will be driven into the non- jurisdictional floodplain on each side of the creek. Deck drains are not located over Maple Branch in the proposed design. Runoff from the bridge is directed to deck drains located on the end spans above the floodplain. Class 2 rip rap will be placed under and adjacent to the end spans. Additionally, the NCDOT proposes to slope the creek bank, place a silt fence along the creek bank and line the creek bank with Class 2 rip rap. The rip rap placed under and adjacent to the end spans and along the creek bank will catch and filter runoff from the project and stabilize the creek bank. Approximately 55 feet of rip rap will be placed along the south creek bank and approximately 60 feet of rip rap will be placed along the north creek bank. Federally Protected Species The dwarf wedgemussel has been documented in the vicinity of Bridge No. 111 over Maple Branch. A Biological Assessment was completed by NCDOT to fulfill obligations under Section 7 of the Endangered Species Act and to address project-related concerns with respect to the dwarf wedgemussel. The NCDOT has concluded that the construction of the project will reduce existing impacts to the aquatic ecosystem and the dwarf wedgemussel population. The adherence to proposed design and practicable Best Management Practices (BMPs) for the Protection of Surface Waters, High Quality Water (HQW) Erosion Control Guidelines, Design Standards in Sensitive Watersheds and protocols to conserve the habitat of federally protected mussels during bridge replacement will eliminate any potential adverse impacts to the dwarf wedgemussel population during construction. The NCDOT has concluded that project construction is not likely to adversely affect the dwarf wedgemussel. The NCODT forwarded a copy of the Biological Assessment to the USFWS on January 16, 2001 and requested a concurrence of our findings. 4 Permit Issues The NCDOT is requesting authorization under a Section 404 Nationwide Permit (NWP) 13 to perform streambank stabilization. Notification for the use of this NWP to the USACE is required for this project, as the federally protected dwarf wedgemussel has been observed in the vicinity of the project. As stated above, the NCDOT has requested concurrence from the USFWS that the project is not likely to adversely affect the dwarf wedgemussel at the project. A Pre-Construction Notification is attached to this letter. The Section 401 Water Quality Certificate (WQC) No. 3258 (which corresponds to NWP 13) does not require written application or approval from the N.C. Division of Water Quality (NCDWQ) as NCDOT intends to comply with conditions for the WQC. A courtesy copy of the permit application is supplied to NCDWQ. Riparian Buffer Impacts This project was discussed in a meeting with John Hennessy and Todd St. John of the NCDWQ on October 31, 2000. Bridge No. 111 and SR 1629 existed as a transportation facility within the riparian buffer as of July 22, 1997. This project is being constructed within the footprint of the existing use. Therefore, it was determined that this project is exempt from the Rule. Level spreaders will be constructed where the roadside ditches terminate outside of the 50 foot riparian buffer. The level spreaders will be directed to divert runoff to the heavily wooded riparian buffer. These structures will allow the runoff from the ditches to be converted to diffuse flow and restrict sediment and nutrient input into Maple Branch. Summary The NCDOT proposes to remove a timber abutment that has washed out and is partially submerged in Maple Branch with an excavator. A turbidity curtain will be placed around the partially submerged timber abutment before excavation. Additionally, NCDOT proposes to replace Bridge No. 111 over Maple Branch. This will involve construction of a 3-span cored slab bridge over Maple Branch. The NCDOT will stabilize the creek bank with Class 2 rip rap. Approximately 55 feet of rip rap will be placed along the south creek bank and approximately 60 feet of rip rap will be placed along the north creek bank. The NCDOT asks that the streambank stabilization be authorized under a Section 404 NWP 13. The NCDOT will adhere to all applicable Section 404 NWP and Section 401 WQC conditions. If you have any questions or need additional information, please contact me at (919) 560-6081. Sincerely, A Christophurray, P.W.S. Environmental Officer f cc: Mr. David Franklin. USACE, Wilmington Mr. John Donley, NCDWQ, Raleigh Mr. David Cos, NCWRC, Creedmoor Mr. Garland Pardue, USFWS, Raleigh Mr. Ricky Greene, P.E., NCDOT Division Construction Engineer, Durham Mr. Scott Capps, P.E., NCDOT District Engineer, Durham D'''' Iii: CORPS ACTION ID: 2t?0126024 NATIONWIDE PERMMIT REQUESTED (PROVIDE NATIONWIDE PERMIT ;#) 13 PRE-CONSTRUCTION NOTIFICATION APPLICATION FOR IMPACTS TO WATERS OF THE U.S. 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). Two (2) COPIES MUST BE SENT TO THE NC DIVISION OF WATER QUALITY, ATTN: JOHN DORNEY, 4401 REEDY CREED ROAD, RALEIGH, NC 276D7. PLEASE PRINT OR TYPE. 1. OWNER'S NAME: North Carclinn Dent. of Transportation, Division 5 2. NLMLNG ADDRESS: 2612 N. Duke Street SUBDIVISION NAME CITY: Durham STATE: NC ZIP CODE: 27704 PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FRONI MAILING ADDRESS ABOVE): SR 1629, Warren County 3. TELEPHONE NUMBER: (HOME) (WORK) (919) 560-6031 4. IF APPLICABLE: AGENTS NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: Christopher A Murray Division 5 Environmental Officer 5. LOCATION OF WORK (PROVIDE A NIAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR AERIAL PHOTOGRAPHY WITH SCALE): COUNTY: Warren - NEAREST TOWN: Inez SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ECT.) SR 1629 6. IMPACTED OR NEAREST STREANI/RIVER: Msple Branch RIVER BASIN: Tar-Pamlico 7. (a) IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL, SALTWATER, (SA), HIGH QUALITY WATERS (HQlN% OUTSTANDING RESOURCE WATERS (ORW), WATER SUPPLY (WS-I OR WS-II)? YES ? NO E] IF YES, EXPLAIN: (b) IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES ? NO Ell (c) 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? S. (a) HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROJECT? YES ? NO © IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION): (b) ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY N THE FUTURE? YES ? NO ® IF YES, DESCRIBE ANTICIPATED WORK: 9. (a) ESTIMATED TOTAL NUMBERS OF ACRES N TRACT OF LAND: (b) ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: 0.0 acre-, 10. (a) NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: FILLING: EXCAVATION: FLOODING: OTHER : DRAINAGE : TOTAL ACRES TO BE IMPACTED: 0.0 noes (b) (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION: LENGTH BEFORE: See Cover Letter FT AFTER: FT WIDTH BEFORE (based on normal high water contours): FT AVERAGE DEPTH BEFORE: FT AFTER: FT (b) (2) STREAM CHANNEL IivIPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY) OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL: CHANNEL EXCAVATION: CONSTRUCTION OF A DAM/FLOODING: OTHER: Streambank stabilization (NWP 13). 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; 81/2 BY I 1 DRAWINGS ONLY) Replacement of Bridge No. 1 I I over Maple Branch and streambank stabilization. PURPOSE OF PROPOSED WORK: Replacement of Bridge No. 111 over Maple Branch and streambank stabilization. 13. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS) No impacts to wetlands. 15. YOU ARE REQUIRED TO CONTACT THE US FISH AND WILDLIFE SERVICE AND/OR NATIONAL MARINE FISHERIES SERVICE REGARDING THE PRESENCE OF ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR CRITICAL HABITAT N THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED: 16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER (SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED 17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OF THE USE OF PUBLIC (STATE) LAND? YES ® NO ? (IF NO, GO TO 16) (a) IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT? YES ? NO (b) IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE YES ? NO ? IF ANSWER 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE. CLEARINGHOUSE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT. QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE DIRECTED TO NIS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH, NORTH CAROLINA 27603-3003, TELEPHONE (919) 733-6369. 13. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OF FILL MATERIAL INTO WETLANDS: (a) WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES, AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUi4IBERS 14, 18, 21, 26, 29, AND 33). ALL STREAM (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OF 1 INCH EQUALS 100 FEET OF THEIR EQUIVALENT. (b) IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY PRODUCT. (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, sin yle family, residential. (f) IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE. NOTE: WETLANDS OR WATERS OF THE US 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 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. OWNER'S/AGENT'S S NATURE DATE (AGENT'S SIGNATURE VALID ONLY IF AUTHORIZATION LETTER FROM THE OWNER IS PROVIDED). N. C. lll;l'?1H'1'III;N'1' OF'fR?1N.iYOR'I'A'1'lON TRANSMITTAL SLIP DATE Z- zG•o TO: ?0?,„ Ne?l/% ?. REF- NO. OR ROOM. ULDG. FROM: 1 RLF. NO. OR ROOM. ULDG. ACTION NOTE AND FILE J I'CIi OUR CONVLRSATION ? NOTE AND RETURN TO ME -_? PER YOUR REQUEST ? RETURN WITH MORE DETAILS .? I-OR YOUR APPROVAL ? NOTE AND SEC ME AUOUT TNIS IOR YOUR INFORMATION ? I'LEASL ANSWER L] FOR YOUR COMMLNTS ? PREPARE REPLY FOR MY SIGNATURE ? SIGNATURE L] TAKE APPROPRIATE ACTION INVESTIGATE AND REPORT COMMENTS: ? T I ( ? w Vvc e ? vC C? n o FEB 2 8 2nn! MS?NF,? STATE of NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Michael F. Easley P.O. BOX 25201, RALEIGH, N.C. 27611-5201 GOVERNOR DAVID McCOY SECRETARY January 16, 2001 U. S. Fish and Wildlife Service Raleigh Field Office P.O. Box 33726 Raleigh, NC 27636-3726 Attention: Mr. Garland Pardue Subject: Biological Assessment for dwarf wedgemussel (Aldsmidonta heterodon) at Bridge No. 111 over Maple Branch on SR 1629 in Warren County. Dear Sir: The North Carolina Department of Transportation proposes to replace Bridge No. 111 over Maple Branch on SR 1629 in Warren County. This bridge sustained extensive irreparable damage during Hurricane Floyd. Due to heavy rains, the structure washed out and fell into Maple Branch. The NCDOT also proposes to upgrade SR 1629. A population of dwarf wedgemussel (Alasmidonta heterodon) has been documented in the vicinity of this site. Please find attached a Biological Assessment for the dwarf wedgemussel at this project. The NCDOT has concluded that based on the design of the project (including precautions that will be taken during construction), the construction of the project is not likely to adversely affect the dwarf wedgemussel. The NCODT is requesting a concurrence of our findings. If you have questions, I can be reached at (919) 560-6081. Sincerely, Chris Murray Division 5 Environmental Officer cc: John Alderman, NCWRC, Raleigh Tim Savidge, NCDOT, Raleigh Jon Nance, P.E., NCDOT, Durham Scott Capps, P.E., NCDOT, Henderson Division 5, 2612 N. Duke Street, Durham, NC 27704 Phone: (919) 560-6081 FAX(919)560-3371 BIOLOGICAL ASSESSMENT FOR DWARF WEDGEMUSSEL, BRIDGE NO. 111 ON SR 1629 OVER MAPLE BRANCH WARREN COUNTY Introduction The dwarf wedgemussel (Alasmidonta heterodon), a federally Endangered species protected under the Endangered Species Act of 1973, as amended (ESA), has been documented within the vicinity of Bridge No. 111 over Maple Branch on SR 1629 in Warren County (Figure 1). The North Carolina Department of Transportation (NCDOT) proposes to replace Bridge No. 111 and to pave SR 1629. The paving is mandated by the secondary road paving priority rating system mandated by the State of North Carolina and administered by the NCDOT. The paving of SR 1629 was originally programmed to be completed during the 1999-2000 construction season. This Biological Assessment is provided to satisfy NCDOT's obligations under Section 7 of the ESA, and addresses project-related concerns and probable impacts regarding this species. Project History and Description In 1998, the NCDOT Division 5 District 3 Office was notified by representatives from the U.S. Fish and Wildlife Service (USFWS) and the N.C. Wildlife Resource Commission (NCWRC) that there was a large population of dwarf wedgemussel in Maple Branch at the project site. Warren County maintenance forces performed drainage adjustments and installed erosion control measures at that time in an effort to keep silt from the unpaved roadway from washing into Maple Branch. Specifically, catch basins were placed in the northwest, southwest and southeast quadrants of Bridge No. 111. According to personnel from District 3 (Scott Capps, P.E., District Engineer, pers. comm.), these catch basins are very effective and do not allow sediment from the roadside ditch to reach Maple Branch. In September 1999, Bridge No. 111 sustained extensive irreparable damage during Hurricane Floyd. Due to heavy rains, the structure washed out and fell into Maple Branch. On October 22, 1999, representatives from NCDOT, USFWS and NCWRC met at the bridge site to discuss the removal and replacement of the structure. It was decided to remove the bridge from the creek as soon as possible. A bridge debris removal plan was proposed and forwarded to the USFWS on November 15, 1999. A Not Likely to Adversely Affect determination for the bridge debris removal was proposed by NCDOT. The USFWS concurred by letter dated November 23, 1999 that the bridge debris removal project is not likely to adversely affect any Federally-listed species, their formally designated critical habitat, or species currently proposed for Federal listing under the ESA. Bridge No. 111 was removed on December 12-13, 1999. Representatives from NCWRC and NCDOT Project Development and Environmental Analysis Branch were present and observed no damage to downstream habitat as a result of the removal. Following Hurricane Floyd, a request was sent to the NCDOT Hydraulics Unit for a bridge design to replace the damaged structure. The initial bridge design indicated a 3- span (consisting of 1@25 foot, 1@35 foot and 1@25 foot) cored slab bridge. It was RI.f\_? ?- ?? ?\ u11? ? .. 1 1 j I r C ??" 1 I eplacement of Bridge No. 111 SR 1629 over Maple Branch - T?, _ \ I in Warren County. Figure 1 1:24'000 l BM ?? 1aA\1 ?J\-J \?1 i . j,^.-r ,• 34 w N. ?_ o 1? III (( ) ?1';.. o ; ?L?,-/ Ate/ ???? J:. / _??:'' I ?'v % `?i ? , \ ?\ ` ?,.-'/j ? ? fry J .. ? ??' ? ? ? i f f--? ?, ,. ?-. ? ; .J. ? i II, I?\ \??`?.? \ '? _) ,1 ? _ ? (. ?, i ?I ? y?_", / rte. ? ? ?? / r' • h?; `? '? ???? ?!/ ?'?-.;"-?? J. -'\? ,'? ???C sEdo c.?e /^v/,' l /%r c f? J ( r, _ J I ??? ?/ 7 1 -JOO ? i i"?- / •_/ ? II I ?/,` / ?l6rgl-• 1 ? ? / / 1 1 \ ti`^ )\• J'/ / 1 ?? I / //? j? ???J?J' v-ij 'ti`,\ \ •?1`'??/ i I I I\ \\ / (1 j 11 f ' \\ l i I !I ,?'', ?' BM k1 _ -,.jl? - /? ? ?/?--.`,l.`-?'-n..'/ ?I''I\?\`` 1 ??J?I j I• ??/:???i I-_ ??)?\? -) II: 1? ;? ?'?? ?' ? r11 .. 'A" Bridge No. 111 / 1 I ` Y" -7N k noted that the bents would be close to the stream with only a 35 foot center span. A second design was recommended which consisted of 1 @60 foot prestressed cored slab bridge. Following a meeting with representatives from the USFWS, it was determined that a larger bridge opening be provided that would span Maple Branch. Accordingly, a final plan is recommended which consists of a 3-span (consisting of 1@25 foot, 1@50 foot and 1@25 foot) cored slab bridge. In the proposed design, deck drains are not located directly above Maple Branch. The deck drains will be located on the two end spans located above the floodplain. Existing SR 1629 was previously graded, drained and stabilized. NCDOT is proposing to pave this roadway; therefore, construction disturbance from this activity should be minimal. The timber abutment on the south bank has washed out over the last summer. Currently, this timber abutment is located on the creek bank and is partially submerged in Maple Branch. The proposed construction sequence for the project is summarized below: Substructure of Bridge No. 111 a. Remove existing timber abutment on the bank. The timber abutment on the south bank will be removed using an excavator with a bucket that will be stationed on the roadbed. A turbidity curtain will be placed around the partially submerged timber before removal. (Note: In a meeting on December 15, 1999, representatives from the USFWS recommended removing the existing bridge abutments to provide a larger opening under the bridge.) b. Slope creek bank, place silt fence along creek bank and line creek bank with Class 2 rip rap. c. Drive four (4) four-pile bents on each side of the existing creek in the adjacent floodplain. (Note: piles eliminate the need for digging and constructing footings.) d. Form and pour concrete caps for each bent. Superstructure of Bridge No. 111 a. Set prestressed cored slab. b. Install concrete barrier rails. c. Complete bridge approach work. SR 1629 a. Grade existing shoulders and ditches to meet the proposed typical section. (Note: this activity will be very minimal, as SR 1629 was previously graded and stabilized). b. Install erosion control measures (per appropriate guidelines outlined in BMPs for the protection of Surface Waters, HQW Erosion Control Guidelines, Design Standards in Sensitive Watersheds and practicable protocols to conserve the habitat of federally protected mussels during bridge replacement (North Carolina Wildlife Resource Commission 2000) in areas that were disturbed by shoulder and ditch grading. Additionally, this includes the placement of Class 2 rip rap under and adjacent to the two end spans located above the floodplain. c. Level spreaders be will constructed where the roadside ditches terminate outside of the 50 foot riparian buffer. The level spreaders will be directed to divert runoff to the heavily wooded riparian buffer. These structures will allow the runoff from the ditches to be converted to diffuse flow and restrict sediment and nutrient inputs into Maple Branch. d. Cut out roadway for placement of stone base. e. Place 8 inches of Aggregate Base Course. f. Set up and pave roadway with an asphalt surface treatment. g. Perform seeding and mulching along roadway (per erosion control guidelines). h. Remove up to three trees that extend above the bridge approaches. These trees will be hand cut, which will allow the stump to remain in place. Species Description Federal Status Dwarf wedgemussel is a member of the Unionidae family of the class Mollusca. The USFWS designated dwarf wedgemussel as an Endangered species under the authority of the ESA effective March 14, 1990 (Department of Interior 1990). The dwarf wedgemussel recovery plan was approved on February 8, 1993 (USFWS 1993). Characteristics and Life History The following information was adapted from USFWS (1990, 1993), New York State Department of Environmental Conservation (1998), National Wildlife Federation (1999a,b) and North Carolina Wildlife Resource Commission (2000). The shell of the dwarf wedgemussel rarely exceeds 1.5 inches in length and has two lateral teeth on the right valve and one on the left. The shells of young dwarf wedgemussels are greenish brown with green rays. As the mussel ages, the color of the shell is often obscured by diatoms or mineral deposits and appears black or brown. The shell often thickens with age, specifically towards the anterior end. The dwarf wedgemussel is sexually dimorphic. During mid-summer and early fall, males release sperm into the water column. Females collect the sperm while siphoning water for food. The eggs are fertilized and kept within the female until they are released the following spring. By then, the eggs develop into a glochidium. The glochidium attaches itself to a fish with the aid of a hook-like appendage. Alasmidonta sp. typically attach to the fms and soft tissue of the buccal cavity of the appropriate host fish. Laboratory studies conducted by Michaelson (1993) indicate that likely fish hosts for the dwarf wedgemussel in North Carolina may include the tessellated darter (Etheostoma olmstedi) and johnny darter (E. nigrum). Typically, the glochidium receives little nutrition from the fish, but uses it as a means for dispersal. After several weeks, the glochidium detaches from the host fish and drops to the stream bottom as a juvenile 4 mussel. The dwarf wedgemussel inhabits clear, moderate flow streams and rivers with silt, clay, cobble, sandy, or gravelly substrates. In North Carolina, it is often located in areas with stable creek banks concentrated along logs or in root mats. The dwarf wedgemussel appears to live about 10-12 years. Distribution The dwarf wedgemussel was once known from approximately 70 localities in 15 major Atlantic Coast drainages since the species' discovery in the early 1800's. Today, there are over 42 populations of dwarf wedgemussels from nine drainages in New Hampshire, Vermont, Connecticut, New York, Maryland, Virginia and North Carolina (National Wildlife Federation 1999b). In North Carolina, the dwarf wedgemussel was historically known from the mid to upper reaches of the Neuse and Tar-Pamlico River Basins (North Carolina Wildlife Resource Commission 2000). North Carolina has the greatest number of dwarf wedgemussel sites (North Carolina Wildlife Resource Commission 2000): Neuse River Basin: Orange County (Eno River subbasin), Wake County (Swift Creek and Little River subbasins), Johnston County (Swift Creek, Middle Creek, Little River, and Moccasin Creek subbasins), Wilson County (Moccasin Creek and Turkey Creek subbasins), Nash County (Turkey Creek and Moccasin Creek subbasins); Tar River Basin: Person County (Cub Creek, Shelton Creek and Tar River subbasins), Vance County (Ruin Creek Subbasin), Franklin County (Cedar Creek, Crooked Creek, Shocco Creek, Fox Creek and Red Bud Creek subbasins) Warren County (Shocco Creek, Long Branch, and Maple Branch subbasins), Halifax County (Rocky Swamp subbasin), Nash County (Stony Creek subbasin). The populations located in Eno River, Middle Creek, Cedar Creek, Rocky Swamp, Fox Creek and Stony Creek may be extirpated (North Carolina Wildlife Resource Commission 2000). Threats Dwarf wedgemussel faces several threats (USFWS 1990, 1993, New York State Department of Environmental Conservation 1998, National Wildlife Federation 1999a,b and North Carolina Wildlife Resource Commission 2000). The primary source of the mussel's decline originates above the water line. The ultimate loss of this species from most of its historical range can be attributed to aquatic habitat pollution from agricultural, domestic and industrial sites. Many mollusks are sensitive to potassium, zinc, copper, chlorine, pesticides and fertilizers. Nutrient input, including phosphorous and nitrogen, can cause organic enrichment and oxygen depletion. The decline of several populations has been attributed to discharges from golf courses and sewage treatment plants. Mussel populations have been affected by siltation from road construction, forestry, agriculture, and the removal of strembank vegetation. Mussels are highly affected by siltation, as it can scratch shells allowing acids in the water to corrode the shell as well as clogging feeding organs and gills. High amounts of sediment may physically bury the substrate to which the mussel is imbeded. Removal of streamside vegetation has a two-fold effect. The removal of trees and other cover along streams may change the water temperature by exposing waterways to direct sunlight as well as increasing the erodability of the exposed banks causing sediment input. Without adequate erosion control, roadway construction may increase sedimentation and toxicant loading into streams and increase stream flows above normal expected levels. The channelization and damming of streams have eliminated much of the dwarf wedgemussel's former habitat. The installation of dams creates conditions up and down stream that can alter the natural habitat, making it unsuitable for many aquatic species. Beaver impoundments may affect dwarf wedgemussel by creating areas of still, turbid water and increasing sedimentation in these areas (J. Johnson, NCWRC, pers. comm.). These alterations can include changes in water level, siltation, water temperature, and natural currents. Importantly, the damming of a stream may preclude migration of the fish host for dwarf wedgemussel. The introduction of exotic clam species may harm the habitat of dwarf wedgemussel and may outcompete native species for shelter and food. The Asian clam (Corbicula fluminea) has been documented in high densities in North Carolina streams. The effect of this exotic on the native dwarf wedgemussel is not known at this time. Many populations of dwarf wedgemussel in North Carolina have been extirpated. Surviving populations are often small and geographically isolated. This isolation may limit the exchange of genetic exchange between populations and could lead to inbreeding problems. Some populations may be too small to maintain long-term genetic viability. Site Specific Description of Maple Branch Physical Characteristics Maple Branch is located within the Tar-Pamlico River Subbasin 03-03-04 as assigned by the North Carolina Department of Environment and Natural Resources, Division of Water Quality (DWQ) section. Maple Branch originates at the intersection of NC 58 and SR 1640. The stream flows to the southeast for 6.6 miles until its confluence with Fishing Creek. The channel is proximately 6 to 8 feet wide and greater than 6 feet deep at Bridge 111 and is much shallower up and downstream. At Bridge 111, the substrate is primarily silt. Upstream and downstream of the bridge, the substrate is mixed and comprised of gravel, sand and cobble. The area adjacent to Bridge 1 I 1 has a well- developed forested riparian buffer. The stream banks of Maple Branch are relatively stable with many in-stream root mats. The predominant land usage in the Maple Branch watershed near Bridge 111 is primarily comprised of recently cleared silvicultural land (that may or may not have been replanted), farm land and very low density residential housing. Best Usage Classification and Water Quality Assessment Streams have been assigned a best usage classification by the DWQ. The best usage classification of Maple Branch (DWQ Index Number 28-79-20.5) is Class C NSW. Class C waters are suitable for aquatic life propagation and survival, fishing, wildlife, secondary recreation, and agriculture. The supplemental classification NSW refers to waters needing additional nutrient management due to their being subject to excessive growth of microscopic or macroscopic vegetation. The Benthic Macroinvertebrate Ambient Network (BMAN) monitors ambient water quality by sampling at fixed sites for selected Benthic macro invertebrates organisms that are sensitive to water quality conditions. Criteria have been developed to assign bioclassifications based on the number of taxa present in the intolerant groups Ephemeroptera, Plecoptera, and Trichoptera (EPT S). There are no BMAN monitoring sites in the Maple Branch drainage system. Point sources refer to discharges that enter surface water through a pipe, ditch, or other defined points of discharge. The term most commonly refers to discharges associated with wastewater treatment plants. Under Section 301 of the Clean Water Act of 1977 (CWA), discharge of pollutants into surface waters is prohibited without a permit from the Environmental Protection Agency. Section 402 of the CWA establishes the National Pollutant Discharge Elimination System (NPDES) program. The DWQ is responsible for permitting and enforcement of the NPDES program. There are no NPDES sites located within the Maple Branch drainage system. Non-point source refers to runoff that enters surface waters through stormwater flow or no defined point of discharge. There are many types of land use activities that can serve as sources of non-point source pollution including land development, construction, crop production, animal feeding lots, failing septic systems, landfills, roads, and parking lots. Non-point sources that are readily observed at and upstream of Bridge No. 111 in the Maple Branch drainage system include runoff from agriculture and silvicultural operations. The NCDOT, in cooperation with DWQ, has developed a sedimentation control program for highway projects, which adopts formal BMPs for the protection of surface waters. In order to minimize impacts to water resources in the entire impact area, NCDOT's Best Management Practices (BMPs) for the Protection of Surface Waters and High Quality Water (HQW) Erosion Control Guidelines will be strictly enforced during the entire life of the project. Additional erosion control measures outlined in Design Standards in Sensitive Watersheds (NCAC T15A:04:B .0024) will be enforced during the life of the project. Significance of Maple Branch mussel population Maple Branch supports the largest population of dwarf wedgemussel in the State (Natural Heritage Program Element Occurrence No. 31) as well as the Atlantic pigtoe (Fusconaia masoni) which is a Federal Species of Concern. Additional species observed in Maple Branch include green lance (Elliptio sp. lance), Elliptio spp. (complanata/ icterina complexes) and notched rainbow (Villosa constrictu). On July 12, 1997, 14 live dwarf wedgemussels were observed at and upstream of Bridge 111. Personnel from the NCWRC surveyed the area near Bridge No. 111 in 1999. It was determined that the range of dwarf wedgemussel extended from 0.1 mile upstream of the bridge to approximately 1 mile downstream of the bridge (J. Johnson, NCWRC, pers. comm.). Assessment of project impact on dwarf wedgemussel Project-related threats to dwarf wedgemussel can be separated into direct, secondary and cumulative impacts. Direct impacts are those directly attributable to the construction of the project, such as stream rechannelization, land clearing and erosion. Secondary impacts are caused by an action and are later in time or removed in distance but are still reasonably foreseeable (40 CFR 1508.8). Secondary impacts typically include commercial, residential, and industrial development as well as urban sprawl. Cumulative impacts are those that result from the incremental impacts of an action when added to other past and reasonable foreseeable actions (40 CFR 1058.7). Direct Impacts Jongedyk and Bank (1999) recently assessed highway runoff and its affects on receiving waters. Contaminants in highway runoff include heavy metals, inorganic salts, aromtic hydrocarbons and suspended solids that accumulate on the road surface as a result of regular highway maintenance and operation activities. Ordinary operations and the wear and tear of vehicle traffic results in the deposition of oil, grease, rust, hydrocarbons, rubber particles, lead, zinc, iron, chromium, cadmium, nickel, copper, and other solid materials on the roadway surface. These materials are often washed off the roadway during rain events. Surface waters are particularly vulnerable as they are directly exposed to contaminants released into the air and to direct discharges from point or non-point sources. Heavy metals in roadway runoff generally undergo physical, chemical and biological transformations as they reach adjacent ecosystems (including riparian buffers and streams). They may be taken up by plants or animals or adsorbed by clay particles. Studies have indicated that the adverse effect of runoff can be minimized through structural or non-structural BMPs or a combination of both. Structural BMPs operate by physically trapping runoff until contaminants settle out or are filtered through underlying soils. The mechanisms for constituent removal are gravity settling, infiltration of soluble nutrients through soils or filters or biological or chemical processes. Non-structural BMPs are source control practices such as street sweeping, land use planning, vegetated buffer areas and fertilizer application controls. Localized stormwater runoff at the site is a function of the amount and style of development at the site. The existing roadway is primarily comprised of hard packed clay, stone and gravel. Accordingly, infiltration at the existing roadway is very minimal over this near-impervious surface (R. Wise, NCDOT Soil and Water Engineering Supervisor, pers. conun). The existing hard-packed, clay, stone and gravel road would also be prone to erosion and will contribute to a significant sediment load in the channel. Traffic over the roadway erodes the substrate, resulting in a fine layer of sediment on the roadway and adjacent vegetated roadside ditches. During a rain event, this fine layer of sediment enters the roadside ditch. The NCDOT Roadside Environmental Unit has indicated that paving a road near a sensitive water channel is preferable to leaving it unpaved (J. Renn, NCDOT, pers. comm.). Discharge calculations examining the increased discharge associated with the proposed paving of SR 1629 with an Asphalt Surface Treatment (AST) were conducted by Division 5 District Engineer Scott Capps, P.E. (see Appendix A). The calculations utilized NCDOT Hydraulic Guidelines, more specifically, the Rational Formula, which is utilized for small drainage areas and accounts for the change in surface type from compacted gravel to AST pavement. The upgrade of SR 1629 from a gravel road to paving with AST will increase the stormwater discharge by 1.6 cubic feet per second (cfs). The erosion control plan that was developed for this roadway project provides for twice the storage capacity as compared to other secondary road projects. It can be concluded that the added storage capacity for the erosion control measures will definitely support the minimal discharge increase of 1.6 cfs. The NCDOT, in conjunction with the USFWS and NCWRC has previously performed drainage adjustments at the bridge to eliminate the roadside ditches from discharging directly into Maple Branch. Therefore, the previous drainage adjustments along with the increased storage capacity for erosion control and the placement of level spreaders is expanded to accommodate any increase in discharge associated with paving of SR 1629. The paving of the roadway and construction of Bridge No. 111 would not appreciably affect the hydrograph of the system and may, in fact, lessen once constructed. Runoff from the roadway would enter the vegetated roadside ditch. Level spreaders will direct runoff into the heavily forested riparian buffer. This would increase the time delay between a rainfall event and its appearance into Maple Branch. The transfer of aquatic roadway runoff through a vegetated system: (1) delays the overland flow of runoff to surface water since flow over a vegetated surface is slow, (2) promotes infiltration since the delay provides longer opportunity to infiltrate, and (3) remove water to the atmosphere by means of transpiration through the plants themselves. Retention systems are highly effective means for controlling excessive flows of highway runoff. The proposed design of Bridge No. 111 locates the pile bents in the floodplain, thus increasing the hydrologic spanning of the creek of "old" Bridge No. 111. All of these processes contribute to suppressing the hydrograph of the creek (i.e., there is less water getting into the creek than fell on the land and it is spread out over a long period of time than the rainfall event) and stormwater discharge. Secondary Impacts Currently, there is no structure crossing Maple Branch and SR 1629 is a gravel roadway. As stated above, the purpose of this project is to replace Bridge No. 111 and upgrade SR 1629. The construction of Bridge No. 111 will allow vehicle, pedestrian and bicycle traffic to resume utilizing this established roadway corridor. The existing roadway is located in a rural portion of Warren County. Traffic previously likely consisted of a few land owners traveling to and from their houses and from vehicles associated with ongoing, adjacent silvicultural activities. There are no identifiable traffic generators such as major employers, schools, shopping centers, new residential subdivisions or other such destinations and origins nearby in the Maple Branch watershed. The paving of unpaved secondary roads may potentially have some impact upon the immediate vicinity, usually stemming from the placement of an impervious surface where there was none previously. However, as there are no existing traffic generators in the area, the paving SR 1629 will not spawn large increases in the levels of traffic. As the former bridge was washed out during Hurricane Floyd, the replacement bridge will allow local traffic to once again use the entire road. This will of course result in an immediate increase in traffic; however, the volume should not greatly exceed the previous level of traffic before the bridge washed out, unless there are new traffic generators located nearby (Bob Deaton, NCDOT Community Planner, pers. comm.). Due to the very rural and undeveloped nature of this section of Warren County, it is unlikely that the paving of this roadway will increase potential silvicultural or development pressure along and adjacent to SR 1629 or even increase average daily traffic. Cumulative Impacts There are no other NCDOT construction projects that currently exist or are proposed in the Maple Branch watershed. However, there is no way to document privately funded projects such as residential and commercial developments that require less public review. Sources of impacts to the dwarf wedgemussel population have been attributed to other non-transportation activities. Beaver impoundments may affect mussel populations by creating areas of still, turbid water and increased sedimentation. The NCWRC initiated a beaver control program at Maple Branch in 1999. Reports from those involved in the program indicate that the program has been successful in removing beavers from the stream (J. Johnson, NCWRC, pers. comm.). Silvicultural and agricultural activities are abundant in the drainage system. Toxic runoff and sedimentation from these activities may have impaired mussel populations at the site. Flooding conditions associated with Hurricane Floyd caused a major washout downstream of Bridge No. 111. Dead mussels, including over 30 dwarf wedgemussels, were observed in the floodplain at the bridge during a survey on October 29, 1999 (T. Savidge, NCDOT, pers. comm.). Live dwarf wedgemussels were also observed in Maple Branch during this survey. 10 BIOLOGICAL CONCLUSION: NOT LIKELY TO ADVERSELY AFFECT The NCDOT concludes that the replacement of Bridge No. 111 and the paving of SR 1629 will not result in direct, secondary or cumulative impacts to the population of dwarf wedgemussel in Maple Branch. These are discussed below: Direct Impacts BMPs for the protection of Surface Waters, HQW Erosion Control Guidelines, Design Standards in Sensitive Watersheds, and practicable protocols to conserve the habitat of federally protected mussels during bridge replacement (North Carolina Wildlife Resource Commission 2000) will be used during the life of the project. Strict adherence to these guidelines, along with the proposed bridge, erosion control and roadway design, will prohibit direct impacts from impacting dwarf wedgemussel populations at the project site. These issues are addressed below: • The existing, hard-packed clay, stone and gravel road is a source of sedimentation and contributes sediment load in the channel. The paving of SR 1629 will reduce the amount of sedimentation. • Contaminants in highway runoff (including toxic substances and sediment) will be washed off the roadway into the roadside ditches. Level spreaders will constructed where the roadside ditches terminate outside of the 50 foot riparian buffer. The level spreaders will be directed to divert runoff to the heavily wooded riparian buffer. These structures will allow the runoff from the ditches to be converted to diffuse flow and restrict sediment and nutrient inputs into Maple Branch. The effects of the runoff will be minimized as it flows through these systems as they: (1) trap contaminants as they settle out or are adsorbed by vegetation, (2) delay the overland flow of runoff to surface water since flow over a vegetated surface is slow, (3) promotes infiltration since the delay provides longer opportunity to infiltrate, and (4) remove water to the atmosphere by means of transpiration through the plants themselves. • Discharge calculations utilizing NCDOT Hydraulic Guidelines (Rational Formula) indicate that the upgrade of SR 1629 from a compacted gravel to asphalt surface treatment pavement will increase the stormwater discharge by 1.6 cfs. The erosion control plan developed for this secondary road provides twice the typical storage capacity. It has been concluded that previous drainage adjustments (completed in 1998) along with the increased storage capacity for erosion control will accommodate any increase in discharge associated with the paving of SR 1629. • The old bridge had deck drains that discharged directly into Maple Branch. Deck drains are not located directly above Maple Branch in the proposed design. Runoff from the bridge is directed to deck drains located on the end spans located above the floodplain. Class 2 rip rap will be placed under and adjacent to the end spans. In addition, Class 2 rip rap will be placed along the creek banks. The rip rap will catch and filter runoff from the deck drains and stabilize stream banks. I1 • The hydrograph of Maple Branch at Bridge 111 has been improved by this proposed design. The pile bents will be located in the floodplain along Maple Branch. Previously, the bents were located in the stream and abutments in the floodplain. This change in design as well as the placement of level spreaders will suppress the hydrograph and stormwater discharge into the creek. Secondary Impacts The paving of SR 1629 will not result in secondary impacts to the dwarf wedgemussel population in Maple Branch. There are no identifiable traffic generators in the project vicinity; therefore, it is not anticipated that the paving of the road will increase traffic along SR 1629. Cumulative Impacts There are no anticipated direct or secondary impacts associated with the replacement of Bridge No. 111 and upgrading of SR 1629. There will be no new impacts that have affected the dwarf wedgemussel population at the site that have not previously affected the population. The NCDOT has concluded that the construction of the project will reduce existing impacts to the aquatic ecosystem and the dwarf wedgemussel population. The adherence to proposed design and practicable Best Management Practices (BMPs) for the Protection of Surface Waters, High Quality Water (HQW) Erosion Control Guidelines, Design Standards in Sensitive Watersheds and protocols to conserve the habitat of federally protected mussels during bridge replacement (North Carolina Wildlife Resource Commission 2000) will eliminate any potential adverse impacts to the dwarf wedgemussel population during construction. It can be concluded that project construction is not likely to adversely affect the dwarf wedgemussel. References Jongedyk, H. and F. Bank. 1999. Is Highway Runoff a Serious Problem? Federal Highway Technology Brief, U. S. Dept. of Transportation. Internet Page htt://tiwvti? .ttl?rc,gov/hnr20/runot/nlnoff htm. Michaelson, D.L. 1993. Life history of the endangered dwarf-wedge mussel, Alasmidonta heterodon (Lea 1830) (Pelecypoda: Unionidate), in the Tar River, North Carolina and Aquia Creek, Virginia. MS Thesis, Virginia Polytechnic Institute and State University, Blacksburg, Virginia. 122 pp. National Wildlife Federation. 1999a. Science Facts-Dwarf Wedgemussel. Internet Page http://"ww. nwf. orb,/wildalive/mussel/sciencefacts. htnil. National Wildlife Federation. 1999b. The Big Picture-Dwarf Wedgemussel. Internet Page http?8w v vr--,- or-,'?_C Fl le 1T;11ti??'. Qin ?ICtI c_ 1Ti11_. 12 New York State Department of Environmental Conservation. 1998. Dwarf Wedge Mussel Fact Sheet. Internet page h1todec. state. _n?'_ti?!???.}?tiitc?cl. IIdli_'r'e' t_.httitl. North Carolina Wildlife Resource Commission. 2000. Dwarf wedgemussel. Internet page http://ww?v.wiitdlife.state. nc.tis/ruondaine;'rn.issel!dwn1 3_:_ht:ni. United States Department of Interior. March 14, 1990. Endangered and Threatened Wildlife and Plants Determination of Endangered Status for the Dwarf Wedge Mussel. Federal Register 5550-9447-9450. Washington, District of Columbia. United States Fish and Widlife Service. 1993. Dwarf-wedge Mussel (Alasmidonta heterodon) Recovery Plan. Hadley, Massachusetts. 39 pp. United States Fish and Wildlife Service. 1990. Endangered and Threatened Species of the Southeastern United States (The Red Book). 13 Appendix A Discharge Calculations and Findings Following are drainage calculations for the increased discharge (Q) associated with the proposed paving of SR 1629 with an Asphalt Surface Treatment. The calculations are made utilizing NCDOT Hydraulic Guidelines, more specifically the Rational Formula which is utilized for small drainage areas and accounts for the change in surface type from compacted gravel to AST pavement. Drainage Area: STA. 11+77 to STA. 22+10 Length= 1033 ft STA. 22+10 to STA. 28+60 Length = 650 It Total Length from Crest to Crest = 1683' Width = 60' 1683*60/43560 = 2.32Ac. Utilizing the Rational Formula to compute discharge. Q = C*I*A Q = Discharge (Cubic Feet per Second) C = Runoff Coefficient I = Rainfall Intensity (Assume Time of Concentration (tc) of I0:00min.) A = Drainage Area (Acres) Values for the Runoff Coefficient Type of Surface C Pavement 0.7 -0.9 Gravel 0.4 -0.6 Grassed, steep slopes 0.3 -0.4 Grassed, flat slopes 0.2 -0.3 Woods 0.1 -0.2 Current Conditions Q= C*I*A I= 7 (C200.8 CHART) A= 2.32 C must be computed as a weighted value due to differing surface types. C = 0.5 for gravel surfaces A = 1683*20/43560 = 0.77 Ac. C = 0.3 for grassed, steep slopes A = 1683*40/43560 = 1.55 Ac. Cw = 0.5*0.77 + 0.3*1.55 0.77+1.55 = 0.37 Q = 0.37*7*2.32 = 6 cfs 14 Proposed Conditions The only parameter that changes is the C for the Asphalt Surface Treatment type surface. C = 0.8 for paved surfaces A = 0.77 Ac. C = 0.3 for grassed, steep slopes A = 1.55 Ac. Cw = 0.8*0.77 + 0.3* 1.55 0.77+1.55 = 0.47 Q = 0.47*7*2.32 = 7.6 cfs Conclusions and Recommendations By paving, with an Asphalt Surface Treatment, the existing gravel road (specifically from crest to crest on either side of the bridge) the discharge will increase by 1.6 cfs. This office has already submitted erosion control plans, which provide for twice the storage capacity as compared to other secondary road projects. (1800 cf of storage/Ac. vs. 900 cf of storage/Ac.) The added storage capacity for the erosion control measures will definitely support the minimal discharge increase of 1..6 cfs. The Department of Transportation, while working with representatives from USFWS and NCWRC, has previously performed drainage adjustments at the bridge to eliminate the roadside ditches from discharging directly into Maple Branch. Therefore, it is the conclusion of this office, that the previous adjustments along with the increased storage capacity for erosion control and the placement of level spreaders at the site will accommodate any increase in discharge associated with the paving of SRI 629. 15 1 a„asr?o? JAN i R 2001 0 10110 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Michael F. Easely P.O. BOX 25201, RALEIGH, N.C. 27611-5201 David McCoy GOVERNOR SECRETARY January 16, 2001 U. S. Army Corps of Engineers Raleigh Regulatory Field Office 6508 Falls of the Neuse Road, Suite 120 Raleigh, NC 27609 Attention: Mr. Eric Alsmeyer NCDOT Coordinator Subject: Proposed replacement of Bridge No. 111 over Maple Branch and upgrade SR 1629 in Warren County. Action ID No. 200120024. In September 1999, Bridge No. 111 over Maple Branch on SR 1629 in Warren County sustained extensive irreparable damage during Hurricane Floyd. Due to heavy rains, the structure washed out and fell into Maple Branch. A population of dwarf wedgemussel (Alasmidonta heterodon), a federally protected species, had been documented within the vicinity of Bridge No. 111. On October 22, 1999, representatives from the North Carolina Department of Transportation (NCDOT), U.S. Fish and Wildlife Service (USFWS) and North Carolina Wildlife Resource Commission (NCWRC) met at the bridge site to discuss the removal and replacement of the structure. It was decided to remove the bridge from the creek as soon as possible. A bridge debris removal plan was proposed and forwarded to the USFWS on November 15, 1999. A Not Likely to Adversely Affect determination for the bridge debris removal was proposed by NCDOT. The USFWS concurred by letter dated November 23, 1999 that the bridge debris removal project is not likely to adversely affect any Federally-listed species, their formally designated critical habitat, or species currently proposed for Federal listing under the ESA. Bridge No. 111 was removed on December 12-13, 1999. Representatives from NCWRC and NCDOT Project Development and Environmental Analysis Branch were present and observed no damage to downstream habitat as a result of the removal. The North Carolina Department of Transportation (NCDOT) proposes to pave SR 1629 and replace Bridge No. 111 (Figure 1). Total project length is 1.9 miles. There is no U.S. Federal Highway Administration (FHWA) funding for this project. Division 5, 2612 N. Duke Street, Durham, NC 27704 Phone: (919) 560-6081 Fax: (919) 560-3371 lke /J. Replacement of Bridge No. III !i// < on SR 1629 over Maple Branch J in Warren County. 3?0 J .o\ ('° ?) i v. Jam= --J Figure 1 1:24,000 am a ?,, - X31-.,?. \ _ - ` . _... ? _? ? ? ? ?? I ?' " \/-, ? 1. -'? ? ` 1'j w J ??-?'1,?? ? \\ l ;? o, "? / i, a` ??_ f/' ?? \ J/ ?'` a?? --?\\\ \??:?\`- J 11\? ?. 1\ Ir ?i, l• ? ? i??l` _ III ?.?i 1 ' nl , \ ,1 J ?i >? ?\. ..? ?\. \\;? \, ? ? ??°'??_l / \\??` _?.\ i ?M \t\•'\?? I? ? j.`??\\` O • -J ??? I-???? /. ?? j/? ?0 ll"??F."""-??J'?\\1?IJ J , \ \, •?•' i-1 n .Ir 1./,/%/ ?\; 1 ?r," `- ?i- '-?^? - ?\? 't ? ?j??/'i 1'?- \ r,'}??7:' ?J I/? `? 7l \ 3?0 ?\t`-i ( I ? ? I!/ ' /'l // /I/---.-?! ? . ?. n?\?, \ ? ? \ r \ \?.i _-F -TU lam- \ J? ? 272 IL' .1 II Bridge No. 111 .1 a %' 11 l Vv\ It' o A I ? / ? ? \\ 1, .,\ \ ?.. ?: / ire??-.., iL?/ ?I? 1 ? ? -II -_ ;ili \ \ _ ?l i II1r1 , /A' L r Impacts to Waters of the United States The project crosses Maple Branch (DWQ Index No. 28-79-20.5), located in Subbasin 03-03-04 of the Tar-Pamlico River Basin. This stream has a Best Usage Classification of Class C NSW. Proposed Project The timber abutment on the south bank of Maple Branch has washed out over the last summer. Currently, this timber abutment is located on the creek bank and is partially submerged in Maple Branch. The NCDOT proposes to remove this abutment using an excavator that is stationed on the roadbed. A turbidity curtain will be placed around the partially submerged timber before removal. The NCDOT proposes to construct a 3-span (consisting of 1@ 25 foot, 1@ 50 foot and 1@ 25 foot) cored slab bridge over Maple Branch. This structure will cross Maple Creek from high ground to high ground as pile bents will be driven into the non- jurisdictional floodplain on each side of the creek. Deck drains are not located over Maple Branch in the proposed design. Runoff from the bridge is directed to deck drains located on the end spans above the floodplain. Class 2 rip rap will be placed under and adjacent to the end spans. Additionally, the NCDOT proposes to slope the creek bank, place a silt fence along the creek bank and line the creek bank with Class 2 rip rap. The rip rap placed under and adjacent to the end spans and along the creek bank will catch and filter runoff from the project and stabilize the creek bank. Approximately 55 feet of rip rap will be placed along the south creek bank and approximately 60 feet of rip rap will be placed along the north creek bank. Federally Protected Species The dwarf wedgemussel has been documented in the vicinity of Bridge No. 111 over Maple Branch. A Biological Assessment was completed by NCDOT to fulfill obligations under Section 7 of the Endangered Species Act and to address project-related concerns with respect to the dwarf wedgemussel. The NCDOT has concluded that the construction of the project will reduce existing impacts to the aquatic ecosystem and the dwarf wedgemussel population. The adherence to proposed design and practicable Best Management Practices (BMPs) for the Protection of Surface Waters, High Quality Water (HQW) Erosion Control Guidelines, Design Standards in Sensitive Watersheds and protocols to conserve the habitat of federally protected mussels during bridge replacement will eliminate any potential adverse impacts to the dwarf wedgemussel population during construction. The NCDOT has concluded that project construction is not likely to adversely affect the dwarf wedgemussel. The NCODT forwarded a copy of the Biological Assessment to the USFWS on January 16, 2001 and requested a concurrence of our findings. 4 Permit Issues The NCDOT is requesting authorization under a Section 404 Nationwide Permit (NWP) 13 to perform streambank stabilization. Notification for the use of this NWP to the USACE is required for this project, as the federally protected dwarf wedgemussel has been observed in the vicinity of the project. As stated above, the NCDOT has requested concurrence from the USFWS that the project is not likely to adversely affect the dwarf wedgemussel at the project. A Pre-Construction Notification is attached to this letter. The Section 401 Water Quality Certificate (WQC) No. 3258 (which corresponds to NWP 13) does not require written application or approval from the N.C. Division of Water Quality (NCDWQ) as NCDOT intends to comply with conditions for the WQC. A courtesy copy of the permit application is supplied to NCDWQ. Riparian Buffer Impacts This project was discussed in a meeting with John Hennessy and Todd St. John of the NCDWQ on October 31, 2000. Bridge No. 111 and SR 1629 existed as a, transportation facility within the riparian buffer as of July 22, 1997. This project is being constructed within the footprint of the existing use. Therefore, it was determined that this ti project is exempt from the Rule. Level spreaders will be constructed where the roadside ? ditches terminate outside of the 50 foot riparian buffer. The level spreaders will be directed to divert runoff to the heavily wooded riparian buffer. These structures will " allow the runoff from the ditches to be converted to diffuse flow and restrict sediment ?C and nutrient input into Maple Branch. Summary The NCDOT proposes to remove a timber abutment that has washed out and is partially submerged in Maple Branch with an excavator. A turbidity curtain will be placed around the partially submerged timber abutment before excavation. Additionally, NCDOT proposes to replace Bridge No. 111 over Maple Branch. This will involve construction of a 3-span cored slab bridge over Maple Branch. The NCDOT will stabilize the creek bank with Class 2 rip rap. Approximately 55 feet of rip rap will be placed along the south creek bank and approximately 60 feet of rip rap will be placed along the north creek bank. The NCDOT asks that the streambank stabilization be authorized under a Section 404 NWP 13. The NCDOT will adhere to all applicable Section 404 NWP and Section 401 WQC conditions. If you have any questions or need additional information, please contact me at (919) 560-6081. Sincerely, l c. c Ll? Christopher A. ay, P.W.S. Environmental Officer r cc: Mr. David Franklin, USACE, Wilmington Mr. John Dorney, NCDWQ, Raleigh Mr. David Cox, NC WRC, Creedmoor Mr. Garland Pardue, USFWS, Raleigh Mr. Ricky Greene, P.E., NCDOT Division Construction Engineer, Durham Mr. Scott Capps, P.E., NCDOT District Engineer, Durham 1? DWQ ID: CORPS ACTION ID: 200120024 NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #) 13 PRE-CONSTRUCTION NOTIFICATION APPLICATION FOR IMPACTS TO WATERS OF THE U.S. 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). Two (2) COPIES MUST BE SENT TO THE NC DIVISION OF WATER QUALITY, ATTN: JOHN DORNEY, 4401 REEDY CREEK ROAD, RALEIGH, NC 27607. PLEASE PRINT OR TYPE. 1. OWNER'S NAME: North Carolina Dept. of Transportation, Division 5 2. MAILING ADDRESS: 2612 N. Duke Street SUBDIVISION NAME CITY: Durham STATE: NC ZIP CODE: 27704 PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING ADDRESS ABOVE): SR 1629, Warren County 3. TELEPHONE NUMBER: (HOME) (WORK) (919) 560-6081 4. IF APPLICABLE: AGENTS NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: Christopher A Murray Division 5 Environmental Officer 5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR AERIAL PHOTOGRAPHY WITH SCALE): COUNTY: Warren - NEAREST TOWN: Inez SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ECT.) SR 1629 6. IMPACTED OR NEAREST STREAM/RIVER: Maple Branch RIVER BASIN: Tar-Pamlico 7. (a) 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 ® IF YES, EXPLAIN: (b) IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES ? NO (c) 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? . vt 8. (a) HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROJECT? YES ? NO ® IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION): (b) ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE? YES ? NO ® IF YES, DESCRIBE ANTICIPATED WORK: 9. (a) ESTIMATED TOTAL NUMBERS OF ACRES IN TRACT OF LAND: (b) ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: 0.0 acres 10. (a) NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: FILLING: EXCAVATION: FLOODING: OTHER : DRAINAGE : TOTAL ACRES TO BE IMPACTED: 0.0 acres (b) (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION: LENGTH BEFORE: See Cover Letter FT AFTER: FT WIDTH BEFORE (based on normal high water contours): FT AVERAGE DEPTH BEFORE: FT AFTER: FT (b) (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: Streambank stabilization (NWP 13). 1 L 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; 81/2 BY 1 I DRAWINGS ONLY) Replacement of Bridge No. 111 over Maple Branch and streambank stabilization. PURPOSE OF PROPOSED WORK: Replacement of Bridge No. 111 over Maple Branch and streambank stabilization. 13. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS) No impacts to wetlands. 15. YOU ARE REQUIRED TO CONTACT THE US FISH AND WILDLIFE SERVICE AND/OR NATIONAL MARINE FISHERIES SERVICE 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: 16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER (SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED i 17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OF THE USE OF PUBLIC (STATE) LAND? YES ® NO ? (IF NO, GO TO 16) (a) IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT? YES ? NO (b) IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE YES ? NO ? IF ANSWER 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE CLEARINGHOUSE 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. 18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OF 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 STREAM (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE I INCH EQUALS 50 FEET OF 1 INCH EQUALS 100 FEET OF THEIR EQUIVALENT. (b) IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY PRODUCT. (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, single family, residential. (1) IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE. NOTE: WETLANDS OR WATERS OF THE US 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 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. OWNER'S/AGENT'S SIGNATURE DATE (AGENT'S SIGNATURE VALID ONLY IF AUTHORIZATION LETTER FROM THE OWNER IS PROVIDED). 4 dea QA7[o? STATE OF NORTH CAROLINA JAN 18 2001 DEPARTMENT OF TRANSPORTATION Michael F. Easely P.O. Box 25201, RALEIGH, N.C. 27611-5201 David McCoy GOVERNOR SECRETARY January 16, 2001 U. S. Army Corps of Engineers Raleigh Regulatory Field Office 01o118 6508 Falls of the Neuse Road, Suite 120 Raleigh, NC 27609 Attention: Mr. Eric Alsmeyer NCDOT Coordinator Subject: Proposed replacement of Bridge No. 111 over Maple Branch and upgrade SR 1629 in Warren County. Action ID No. 200120024. In September 1999, Bridge No. 111 over Maple Branch on SR 1629 in Warren County sustained extensive irreparable damage during Hurricane Floyd. Due to heavy rains, the structure washed out and fell into Maple Branch. A population of dwarf wedgemussel (Alasmidonta heterodon), a federally protected species, had been documented within the vicinity of Bridge No. 111. On October 22, 1999, representatives from the North Carolina Department of Transportation (NCDOT), U.S. Fish and Wildlife Service (USFWS) and North Carolina Wildlife Resource Commission (NCWRC) met at the bridge site to discuss the removal and replacement of the structure. It was decided to remove the bridge from the creek as soon as possible. A bridge debris removal plan was proposed and forwarded to the USFWS on November 15, 1999. A Not Likely to Adversely Affect determination for the bridge debris removal was proposed by NCDOT. The USFWS concurred by letter dated November 23, 1999 that the bridge debris removal project is not likely to adversely affect any Federally-listed species, their formally designated critical habitat, or species currently proposed for Federal listing under the ESA. Bridge No. 111 was removed on December 12-13, 1999. Representatives from NCWRC and NCDOT Project Development and Environmental Analysis Branch were present and observed no damage to downstream habitat as a result of the removal. The North Carolina Department of Transportation (NCDOT) proposes to pave SR 1629 and replace Bridge No. 111 (Figure 1). Total project length is 1.9 miles. There is no U. S. Federal Highway Administration (FHWA) funding for this project. Division 5, 2612 N. Duke Street, Durham, NC 27704 Phone: (919) 560-6081 Fax: (919) 560-3371 Replacement of Brid ? _?'? ` ? ?-? I ? ?" ? • ? _ ge No. 111 j.. on SR 1629 over Maple Branch in Warren County. \\ Figure 1 1:24,000 \\ BA3 J 1 III ? I 1 G • `\ \?, ? 4? /` O\ ; ? \\ I ?/? ,...•? / / 1 i ?"? \t? ,1?/ ? , \ \ `.? \_ ?/`.'`' (?.%`'???I ? -? `/r; ? ?,-- ?l '1 ? ?? ? %.'.•?) ? li?? `'l ???? ? l rte-- : ? . ?? ??; --??? ' ,? l? :? _J 1 ( I \1 i1 ir/ : Folv //( 640` ckupe BM 2 .7 ???' 1 \ ` 1 \ - 272 `,. C@ 00 ? _ rr ti ?, i / , ?. ?? ?? ?.=f• j ?r ?? IAA\A ` -?? .VA(-ll \ W m v) 16 am I .?,"V / v.-.?."? '?- - ---? \? ? ? A? l '?/ ?? '- ? l .J I??n 1 ? ? ?'" ? ?/ l./ ?`i• ?` i ?? ??\?'I? II ?I I - - ? /' I? A_ ' i Bridge No. 111 N ENI ii ? i ??? ?? r Ivy ?--?? // ,\ \? I ? ?A ? •1?, i ,- i? ?-1 -- 7 ?ll ?J I t Impacts to Waters of the United States The project crosses Maple Branch (DWQ Index No. 28-79-20.5), located in Subbasin 03-03-04 of the Tar-Pamlico River Basin. This stream has a Best Usage Classification of Class C NSW. Proposed Project The timber abutment on the south bank of Maple Branch has washed out over the last summer. Currently, this timber abutment is located on the creek bank and is partially submerged in Maple Branch. The NCDOT proposes to remove this abutment using an excavator that is stationed on the roadbed. A turbidity curtain will be placed around the partially submerged timber before removal. The NCDOT proposes to construct a 3-span (consisting of 1@ 25 foot, 1@ 50 foot and 1@ 25 foot) cored slab bridge over Maple Branch. This structure will cross Maple Creek from high ground to high ground as pile bents will be driven into the non- jurisdictional floodplain on each side of the creek. Deck drains are not located over Maple Branch in the proposed design. Runoff from the bridge is directed to deck drains located on the end spans above the floodplain. Class 2 rip rap will be placed under and adjacent to the end spans. Additionally, the NCDOT proposes to slope the creek bank, place a silt fence along the creek bank and line the creek bank with Class 2 rip rap. The rip rap placed under and adjacent to the end spans and along the creek bank will catch and filter runoff from the project and stabilize the creek bank. Approximately 55 feet of rip rap will be placed along the south creek bank and approximately 60 feet of rip rap will be placed along the north creek bank. Federally Protected Species The dwarf wedgemussel has been documented in the vicinity of Bridge No. 111 over Maple Branch. A Biological Assessment was completed by NCDOT to fulfill obligations under Section 7 of the Endangered Species Act and to address project-related concerns with respect to the dwarf wedgemussel. The NCDOT has concluded that the construction of the project will reduce existing impacts to the aquatic ecosystem and the dwarf wedgemussel population. The adherence to proposed design and practicable Best Management Practices (BMPs) for the Protection of Surface Waters, High Quality Water (HQW) Erosion Control Guidelines, Design Standards in Sensitive Watersheds and protocols to conserve the habitat of federally protected mussels during bridge replacement will eliminate any potential adverse impacts to the dwarf wedgemussel population during construction. The NCDOT has concluded that project construction is not likely to adversely affect the dwarf wedgemussel. The NCODT forwarded a copy of the Biological Assessment to the USFWS on January 16, 2001 and requested a concurrence of our findings. ,k Permit Issues The NCDOT is requesting authorization under a Section 404 Nationwide Permit (NWP) 13 to perform streambank stabilization. Notification for the use of this NWP to the USACE is required for this project, as the federally protected dwarf wedgemussel has been observed in the vicinity of the project. As stated above, the NCDOT has requested concurrence from the USFWS that the project is not likely to adversely affect the dwarf wedgemussel at the project. A Pre-Construction Notification is attached to this letter. The Section 401 Water Quality Certificate (WQC) No. 3258 (which corresponds to NWP 13) does not require written application or approval from the N.C. Division of Water Quality (NCDWQ) as NCDOT intends to comply with conditions for the WQC. A courtesy copy of the permit application is supplied to NCDWQ. Riparian Buffer Impacts This project was discussed in a meeting with John Hennessy and Todd St. John of the NCDWQ on October 31, 2000. Bridge No. 111 and SR 1629 existed as a transportation facility within the riparian buffer as of July 22, 1997. This project is being constructed within the footprint of the existing use. Therefore, it was determined that this project is exempt from the Rule. Level spreaders will be constructed where the roadside ditches terminate outside of the 50 foot riparian buffer. The level spreaders will be directed to divert runoff to the heavily wooded riparian buffer. These structures will allow the runoff from the ditches to be converted to diffuse flow and restrict sediment and nutrient input into Maple Branch. Summary The NCDOT proposes to remove a timber abutment that has washed out and is partially submerged in Maple Branch with an excavator. A turbidity curtain will be placed around the partially submerged timber abutment before excavation. Additionally, NCDOT proposes to replace Bridge No. 111 over Maple Branch. This will involve construction of a 3-span cored slab bridge over Maple Branch. The NCDOT will stabilize the creek bank with Class 2 rip rap. Approximately 55 feet of rip rap will be placed along the south creek bank and approximately 60 feet of rip rap will be placed along the north creek bank. The NCDOT asks that the streambank stabilization be authorized under a Section 404 NWP 13. The NCDOT will adhere to all applicable Section 404 NWP and Section 401 WQC conditions. If you have any questions or need additional information, please contact me at (919) 560-6081. Sincerely, Christopher A. 1Vlu?ray, P.W.S. Environmental Officer cc: Mr. David Franklin, USACE, Wilmington Mr. John Dorney, NCDWQ, Raleigh Mr. David Cox, NC WRC, Creedmoor Mr. Garland Pardue, USFWS, Raleigh Mr. Ricky Greene, P.E., NCDOT Division Construction Engineer, Durham Mr. Scott Capps, P.E., NCDOT District Engineer, Durham DWQ ID: CORPS ACTION ID: 200120024 NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #) 13 PRE-CONSTRUCTION NOTIFICATION APPLICATION FOR IMPACTS TO WATERS OF THE U.S. 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). Two (2) COPIES MUST BE SENT TO THE NC DIVISION OF WATER QUALITY, ATTN: JOHN DORNEY, 4401 REEDY CREEK ROAD, RALEIGH, NC 27607. PLEASE PRINT OR TYPE. 1. OWNER'S NAME: North Carolina Dept. of Transportation, Division 5 2. MAILING ADDRESS: 2612 N. Duke Street SUBDIVISION NAME CITY: Durham STATE: NC ZIP CODE: 27704 PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING ADDRESS ABOVE): SR 1629, Warren County 3. TELEPHONE NUMBER: (HOME) (WORK) (919) 560-6081 4. IF APPLICABLE: AGENTS NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: Christopher A Murray Division 5 Environmental Officer 5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR AERIAL PHOTOGRAPHY WITH SCALE): COUNTY: Warren - NEAREST TOWN: Inez SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ECT.) SR 162 6. IMPACTED OR NEAREST STREAM/RIVER: Maple Branch RIVER BASIN: Tar-Pamlico 7. (a) 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 ® IF YES, EXPLAIN: (b) IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES ? NO (c) 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? '4 8. (a) HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROJECT? YES ? NO ® IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION): (b) ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE, FUTURE? YES ? NO ® IF YES, DESCRIBE ANTICIPATED WORK: 9. (a) ESTIMATED TOTAL NUMBERS OF ACRES IN TRACT OF LAND: (b) ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: 0.0 acres 10. (a) NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: FILLING: EXCAVATION: FLOODING: OTHER : DRAINAGE : TOTAL ACRES TO BE IMPACTED: 0.0 acres (b) (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION: LENGTH BEFORE: See Cover Letter FT AFTER: FT WIDTH BEFORE (based on normal high water contours): FT AVERAGE DEPTH BEFORE: FT AFTER: FT (b) (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: Streambank stabilization (NWP 13). 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; 81/2 BY I 1 DRAWINGS ONLY) Replacement of Bridge No. I I I over Maple Branch and streambank stabilization. PURPOSE OF PROPOSED WORK: Replacement of Bridge No. I I1 over Maple Branch and streambank stabilization. 13. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS) No impacts to wetlands. 15. YOU ARE REQUIRED TO CONTACT THE US FISH AND WILDLIFE SERVICE AND/OR NATIONAL MARINE FISHERIES SERVICE 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: 16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER (SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED f 17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OF THE USE OF PUBLIC (STATE) LAND? YES ® NO E] (IF NO, GO TO 16) (a) IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL DOCUMENT PURSUANT TO THE REQUIREMENTS OF TIIE NORTH CAROLINA ENVIRONMENTAL POLICY ACT? YES ? NO (b) IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE YES ? NO ? IF ANSWER 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE CLEARINGHOUSE 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. 18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OF 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 STREAM (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE I INCH EQUALS 50 FEET OF I INCH EQUALS 100 FEET OF THEIR EQUIVALENT. (b) IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY PRODUCT. (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, single family, residential. (f) IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE. NOTE: WETLANDS OR WATERS OF THE US MAY NOT BE IMPACTED PRIOR TO: I. ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT, 2. EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF WATER QUALITY CERTIFICATION, AND 3. (IN TIIE 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. OWNER'S/AGENT'S S NATURE DATE (AGENT'S SIGNATURE VALID ONLY IF AUTHORIZATION LETTER FROM THE OWNER IS PROVIDED). % N. C. DEPARTMENT OF TRANSPORTATION TRANSMITTAL SLIP DATE q. I .? TO: REF. NO. OR ROOM,8 DO. 1 « FRO : R[F. NO. OR ROOM, !B ?DG. r AC MN ? NOT[ AND FILE ? PER OUR CONVERSATION ? NOTE AND RETURN TO ME ? PER YOUR REQUEST ? RETURN WITH MORE DETAILS ? FOR YOUR APPROVAL'. ? NOT[ AND SEE ME ABOUT THIS ? FOR YOUR INFORMATION ? PLEAS[ ANSWER ? FOR YOUR COMMENTS ? PREPARE REPLY FOR MY SIGNATURE ? SIGNATURE ? TAKE APPROPRIATE ACTION - ? INVESTIGATE AND IfE?ORT COMMENTS: 1 a. ?4, w ?Q aw. w•? STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Michael F. Easely GOVERNOR April 25, 2001 U. S. Army Corps of Engineers Raleigh Regulatory Field Office 6508 Falls of the Neuse Road, Suite 120 Raleigh, NC 27609 Attention: Mr. Eric Alsmeyer NCDOT Coordinator Lyndo Tippett SECRETARY Subject: Proposed replacement of Bridge No. 111 over Maple Branch on SR 1629 in Warren County. USACE Action ID No. 200120024; DWQ Project No. 010216. References: (1) Biological Assessment for dwarf wedgemussel (NCDOT, January 16, 2001) (2) Biological Opinion for project issued by USFWS (USFWS, February 21, 2001) (3) Biological Opinion for project rescinded by USFWS (USFWS, March 6, 2001) (4) Biological Opinion for project re-issued for replacement of Bridge No. 111 by USFWS (USFWS, March 6, 2001) The North Carolina Department of Transportation (NCDOT) has previously proposed to replace Bridge No. 111 over Maple Branch on SR 1629 as well as upgrade and pave SR 1629 in Warren County. The dwarf wedgemussel (Alasmidonta heterodon), a federally Endangered species protected under the Endangered Species Act of 1973, as amended (ESA), has been documented in Maple Branch within the vicinity of the proposed project study area. A Biological Assessment (BA) for the dwarf wedgemussel at Bridge No. 111 over Maple Branch on SR 1629 in Warren County was submitted to the United States Fish and Wildlife Service (USFWS) on January 16, 2001. The BA discussed the proposed replacement of Bridge No. 111 and the paving of SR 1629. Additionally, the BA discussed the project history, proposed design of the roadway (SR 1629) and replacement bridge, and site-specific description of Maple Branch at the project site. The BA provided an assessment of project impacts on dwarf wedgemussel (including direct, Division 5, 2612 N. Duke Street, Durham, NC 27704 Phone: (919) 560-6081 Fax: (919) 560-3371 secondary and cumulative impacts) and erosion control plan. The NCDOT concluded that the replacement of Bridge No. 111 and the paving of SR 1629 are Not Likely To Adversely Affect the dwarf wedgemussel. The North Carolina Wildlife Resource Commission (NCWRC), in correspondence via e-mail dated February 20, 2001, requested an on-site meeting to discuss stormwater control measures at the site. The NCWRC noted that the measures, as described in the BA, may not be sufficient to control stormwater and prevent a predicted increase in discharge. The USFWS, in a letter dated February 21, 2001, stated that based on the information presented in the BA, the Service concurs with the project, implemented as described, is "Not Likely To Adversely Affect" the dwarf wedgemussel. In a subsequent letter dated March 6, 2001, the USFWS noted the comments from the NCWRC and rescinded the previous concurrence until an on-site meeting could be conducted to resolve outstanding concerns. Accordingly, an on-site meeting was conducted on March 22, 2001. Personnel from the USFWS, NCWRC and NCDOT attended the meeting. During the meeting, the NCDOT decided to pursue separate concurrence for the replacement of Bridge No. 111 and the paving of SR 1629. This decision was agreed to in principal during the meeting by the regulatory agencies. The NCDOT agreed to implement additional project conditions relevant to the replacement of Bridge No. 111. These commitments were addressed in a letter to the USFWS (and forwarded to appropriate regulatory agencies) on April 5, 2001. The USFWS, in a letter dated April 23, 2001, concurred that the replacement of Bridge No. 111 is "Not Likely To Adversely Affect" the dwarf wedgemussel. A copy of this letter is attached. By copy of this letter, the NCDOT is notifying the USACE that the USFWS believes that Section 7 of the ESA has been satisfied. The NCDOT is requesting that you provide documentation indicating that construction can commence on this project. If you have any questions, I can be reached at (919) 560-6081 or crtlurray(u)d_ot suite nc_ .Lis. Sincerely, Christopher A. Murray, P.W.S. Environmental Officer cc: Scott Capps, P.E., NCDOT, Henderson Dallie Bagwell, NCDOT, Raleigh John Alderman, NCWRC, Pittsboro David Cox, NCWRC, Creedmoor Tim Savidge, NCDOT, Raleigh Logan Williams, NCDOT, Raleigh Jon Nance, P.E., NCDOT, Durham John Dorney, NCDWQ, Raleigh r United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 April 23, 2001 Mr. Chris Murray, P.W.S. Environmental Officer NCDOT Division 5 2612 N. Duke Street Durham, North Carolina 27704 Dear Mr. Murray: Thank you for your April 5, 2001 letter regarding the proposed replacement of Bridge 111, over Maple Branch on SR 1629 in Warren County. You referenced our letter of February 21, 2001, providing concurrence with your determination of "Not Likely To Adversely Affect" the dwarf wedgemussel (Alasmidonta heterodon) population in Maple Branch and our letter of March 6, 2001, rescinding that concurrence until issues raised by the Wildlife Resources Commission (WRC) were addressed. This revised report 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). The North Carolina Department of Transportation (NCDOT) presented the results of a survey for the dwarf wedgemussel (Alasmidonta heterodon) in Maple Branch at the site where Bridge No. 111 will be replaced and SR 1629 re-paved. Subsequent to our response of February 21, the U.S. Fish and Wildlife Service (Service) received additional information that the WRC had concerns about the long-term protection of the existing mussel population that occurs at the work site. In particular, there was concern that paving the existing dirt road will increase surface runoff to Maple Branch, potentially posing a threat to the existing mussel population. Based on receipt of this additional information, the Service rescinded its previous concurrence until such time as the NCDOT and the appropriate agencies could have an on- site meeting to resolve outstanding concerns. A meeting was held at the site on March 22, 2001 and the results summarized in your April 5, 2001 letter. Based on the results of that meeting and the additional conditions agreed to by NCDOT as outlined in that letter, including the separation of the bridge replacement and paving components, the Service concurs with the determination that this project is "Not Likely To Adversely Affect" the dwarf wedgemussel. N 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) the 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. If you have any questions regarding these comments, contact Tom McCartney at (919) 856-4520, extension 32. Sincerely, Dr. Garland B. Pardue Ecological Services Supervisor cc: COE, Raleigh, NC (Eric Alsmeyer) FWS/R4:TMcCartney:TM:04/23/01:919/856-4520 extension 32:\bridgl l l.upd