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HomeMy WebLinkAbout20051090 Ver 1_Complete File_20060309.- ~ c,OF W A~9 r North Carolina Division of Water Quality Transportation Permitting Unit In-Field Minor 401 Water Quality Certification, Buffer Certification and Isolated Waters Permit ._ _.___ modification ' _, ~/ ~ { ~. Project Name/TIP Project No.. ~ ~~ ~ ~ / ~ Date: _ ~ '-' '~ ' ~ t ~l ~, . ~ = r,-~ _ S~_v DOT Division: - County: `~ % ~ %'i/1 . ~ 1 DWQ Project No./Permit Type: ,~ Z e~ _. ~ _ ~ ~ ~ ~~ 1,,. ~~ DOT Staff. t~ ' = (~~ ,1,' I% ; ~! <<r`~i °DWQ Staff: i~ 1 ~ _ ~ r ~7 i;l ~'" ACE Staff : DWQ Regional Office: (~ . (~} Modification Description: \1 ~ ~ ~ i i 1 / ~ ~ t ~ , r ~ _ - ( ' ~ ~~~ °'r'`' , l ~, Modification Sketch: Noy` Carolina Transportation Permitting Unit / -uf17rll~~f 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-17861 FAX 919-733-68931 Internet http:I/h2o.enr.state.nc.usincwetlands Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality An Equal Opportunity/Affinnative Action Employer- 50% Recycled/10°~6 Post Consumer Paper . In-Field Modification ` APage 2 of 3 ' ! This in-field modification is required for the following reason(s): ~ The information contained in the application or presented in support thereof is incorrect in the following manner: ~0 Conditions under which the original certification was issued have changed in the following ' 1 manner: ~ ~ ! ,~ /", ~ , . ~ ' ~ r- / r /. This in-field modification is valid only if issued by an authorized agent of the NC Division of Water Quality, Transportation Permitting Unit'. This in-field modification authorizes the NCDOT to i .~ - /; >'.~ ~, ~' - ;~/".ice 9~ '~ -; ~.' ('i(i 'i ~. r - r in % - . =' i. ' --~ County. The project shall be constructed as described in the Modification Description and .Sketch on Page 1 of this document dated i~: ~ ~-- ~ "~~? `~-, to improve/construct the section of ~, ' ' - • j-' that extends from / i ~~ ~~ to .The approved design is that described in the Modification Description and Modification Sketch on Page 1 of,this document dated ~ ~~` : ~' -'~'l `-- . Any further changes to the original Water Quality Certification dated ' -"!<% %~% ~ may require a formal written modification request. r The description of the proposed action provides adequate assurance that the proposed action in the ~ '-, ~-~ ~ - RiverBasin in conjunction with the proposed development will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application and conditions hereinafter set forth. Should your project change, you are required to notify the DWQ and submit a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all the conditions. For this approval to remain valid, you are required to comply with all the conditions listed below. In addition, you should obtain all other federal, state or local permits before proceeding with your project including (but not limited to) Sediment and Erosion control, Coastal Stormwater, Non-discharge and Water Supply watershed regulations. This Modification Approval shall expire on the same day as the expiration date of the corresponding Corps of Engineers Permit. Condition(s) of Modification Approval: 1. As-built drawings of the proposed action shall be submitted to the NC DWQ Transportation Permitting Unit within 30-days of the completion of the action. 2. All the authorized activities and conditions of the certification associated with the original Water Quality Certification dated--=%-`: ~~ i=, and all other corresponding modifications still apply except where superceded by this certification. In-Field Modification ' ' ' ~ Page 3 of 3 3. Additional Conditions: %~' ,: r ~ ! r ~ ~-i 1 Failure to construct the proposed action as described in the Modification Description and Sketch on Page 1 of this document and/or violations of any condition herein set forth may result in revocation of this modification approval and may result in criminal and/or civil penalties. This modification approval shall become null and void unless the above conditions are made conditions of the Federa1404 and/or Coastal Area Management Act Permit. If the Corps of Engineers requires a formal .written modification to the 404 permit for the proposed action, then NC DWQ must require a formal written modification to the 401 WQC, and therefore, this in-field modification is invalid. If additional (wetland, stream, buffer) impacts for this project (now or in the future) exceed (one acre,150linear feet, or one-third of an acre/150 linear feet, respectively), or if mitigation is required above and beyond the current mitigation requirements for this project, this in-field modification is invalid and a formal written modification is required. This in-field modification is effective upon the date the last party signs this document. This in-field modification is made upon mutual agreement between DOT and DWQ as indicated by the signatures below and is, therefore, not subject to appeal by either party. Appeals by third parties must be made within sixty (60) days of notification pursuant to the contested case provisions of the- Administrative Procedure Act, N.C. Gen. Stat. § 150B-23 et se . DWQ Staff Signature: - - "~r - _ '_f/~ ~~ % i Date: if - . ~~' DOT Staff Signature: i, ~t.~ (.--~- Date: ! I ~ t ` ~ ~,! ~ i~ ~ Staff Signature:, Date: ~ - An authorized agent of the Transportation Permitting Unit is defined as DWQ staff that are DOT-funded and review and issue 401 Water Quality Certifications for DOT projects. These staff include Central Office and Regional Office personnel. 5 I p ~ Y M ~ Z Z ~ I ~ d ~p o ~~ ~~ +, ~~ Z 1 yy~ ~~ ~~~ ~a;5 • J ~~ ~8 spa ~.,\'~` _, \,~; __=~,~~~__ ____--- Z ~ ; ~~ aW / ~~V \\ LOCOS / / QO/ W w l~ / i ~ ~ / / ~ ~ ~~~ ~' r / wEp ''~ .. //~/~ ~' u H u>y'7 ~ / ~ ~ ~ ~ { ~ r ~ /~ 1 1 t i - / ~ ~~ \ ~ i ~ ~ ~~/ • wn _r~,; / i I ~~~ f y44 ~~~r o Ay ~ ti` a~ is eu o ~' ~ ~ ~~ ~ ;~ ~/ - .! ~"' I ,_ `' s. _~ ~ ~`' r u1 a i ~ p ~a J ,~,,,~.~o ~ x~ ~.~ (x' ~ =:~~ o Y ~ ~; ! z~ r ~ ~ ~ ~., A _ _ cr,vet ~ ~ ,; t3 ~ ~Q' / © # ~I o r ~ ~,_~ -,- u ~p o •° I ~~~ n o~o~ ~/ Q ~ ~i i ~s' ° Q t:~ ~«z o (~ ° c o ~ ~ Q po ~ p _ x- b~,~ ~ti~~ ~ 1 \ ` ` M f9 ~~ ~. a c~ ° 7 ~ ~~a ~~~ O ~' ~ ~ ~ h ~~~ ~ ~\~4~ ~ / /' ~ ti i ~ ~ ' i ~ ~ ~ a ~/ ~/ .- y~ '' ~ ~ `~ / ~ -__ , ~ ~ ~• U / .c ~_ ,~/ Q ~ W jyy~~~ ~d~, Sf ~ ' A O ~/ 'f V /,/` ~ l ~~ W i ~ -~ a ~r' ,~ i i ~. i~ ~` ~~ ~ ~ r , ~ ~, ~~ a ~~ H ~~ ~ ~ , V .- ~, Q W W ;A W ~+, ~ ~ ~ ~ N N L' ,. w ~ ~~ ~ < ~~ t ~ 1 ~j Ci N '' i ~ W ~ ~ ~ ~~ ~s ,~ \ `\~ O ~ J c ~~ W W a Y ~ ~.~... . c:~~. d -~ ~ ~ C:~....Y,i ~!~ ~ ~~~ ~~ 0 e S ` h ~~ a ,, ~o ~ ~_~ ,~ ~~ ~~~ ,~ ,~ ,, O ~ ~~ \\ W ~ ~ ~ ~`~ ~ $> ~ ~j 4 ~\ ~ ~ \ ~~ v ~ \ Nsd ~\ ~ ~~ u ~ ~ ~ ~t ~~ ~~ ~~ ~ \ ~ .~ .~ .~ ~ ` v~ ~ ~ ` \ \ r°'' + ~ ~ a ~~ t`' ~ 5,] ~:i -~ a h O 0 (3 ~. ~'w ~. %~ ~~~ 0 0 Construction issue on 8-4113 in Franklin County DEtAlI D SrEC1At. IATERA~ CRA t Nof to Scow SSEO SNAf`E ) ~oun0 p •~ Sb~~ o 1AIn.0 • 1 Ft. S•ZFt. a~~ ~~ b~ ., .. . , ~~ ~.. . ~dyt~te l~es1•/eLk• ~_"T, latQr..l 6«~e d:~~h BUFFER D ~ ® /~ll,l IMPACTS 1S ZONt 1 d;~~~, , ~` ~~:~ , k~'? ; L .~_• :, // i i t « Construction issue on B-4113 in Franklin County DSCNi163.JPG Content-Type: image/jpeg Content-Encoding: base64 DSCN1165.JPG Content-Type: image/jpeg Content-Encoding: base64 Content-Type: image/jpeg Image-O1.JPG Content-Encoding: base64 6 of 6 11/22/2006 10:42 AM Construction issue on B-4113 in Franklin County Subject: Construction issue on B-4113 in Franklin County From: Chris Murray <cmurray~dot.state.nc.us> Datc: Mon, 20 Nov 2006 13:40:27 -0500 To: Rob Ridinbs <rob.ridings@nc-nail.net>, David B Moore <dbmoore@dot.state.nc.us>, Boyd Tharrington <btharrington cr dot.state.nc.us> CC: Katie Simmons <ksimmons a dot.state.nc.us>, "Tracy N. Parrott" <tparrott a dot.state.nc.us> Reference: Construction of Bridge iJo. 15 on SR 1106 (Moore's Pond Road) in Franklin County. D~4Q Project No. 051090 (dated 3/9/06) Rob, The Department is currently constructing this bridge project in Franklin County. Construction of a 50 ft special lateral grass Swale (Detail D) was to occur at 23+50 to 24+00 Lt. However, construction forces encountered a shallow vein of granite in the footprint of this grass Swale. This makes construction of the grass Swale impossible. There are only a few options: 1. Overexcavate the granite and backfill with soil in an attempt to construct the grass Swale. -This will not work as numerous attempts have been made to overexcavate the granite with no success. The rock is too hard cannot be broke up. 2. Install a shallow layer of soil over the granite and attempt to get a stand of vegetation. -This will not work as the soil will wash away during the first rain event. 3. Install a rip rap-lined ditch in the footprint of the grass Swale. -This will provide long-term stability at the site. Unfortunately, the construction of this rap-lined ditch will not provide the treatment of stormwater runoff at the site. I have discussed the situation with the resident engineer and the hydro engineer for the project. :hey suggest that the rip rap-lined ditch is the only feasible situation. A level spreader cannot be constructed due to the existing topography at the site. The attached photographs depict the location of the site (23+50 to 24+00 Lt) and the granite located in the footprint of the Swale. Please let me know if Option 3 can be approved by your office. Chris Murray i i~~i~nn~ in•d~ AM Construction issue on B-41 13 in Franklin County ~y !=} .. ~:. .. < ~ ~. S ~ ..,, ti ti y , 4 ' ~ ,' ~ , _ ~.. +~, .a. ,~ ,. ' ~' ~~_ ~. ,.z _ ~~b t - \ ~' ,_ Y ~,.a ., yyy~[[ h .'" ,: ~ a .. a A' ~" n~ $5~3''='.~r ~Il... `'fit _ ~' .al~~ ~ r r _ 2 of 6 i ii 1 1 - ~ p ~j 1 1~ ~_ ~= ~~ . ~- i:. , ~ ~ I _~ ~ ~. f. ~ } I , ~ j~ _. ,. ! -. ;j j j~ ~ ~~ 9 ~ ~` ~ 1 ~ i I is Construction issue on 13-41 13 in Franklin County [~j~f -. !fie. 'r ~ ,, • ~[a(^i `~~4, ter'- . p 1 tlcY, s ~:'. ~ W ~ _ ti~ ~ ~ +' _~ '~„r ~ . r ~ '~ ~ I ~i ..j, ~ 1... yy, • '. ~, ~ !~ v r Y ~, ' ~\+. ri ~~ ~ ~ i /~ '\ `. A ` ~_ / ,may }~ 1 ~~ Y .~., 3 of 6 10:42 A M 4 pF W ATFq ~ ~O~ pG ~ ~ ~ ~. _ i ~ -I O ~ 'C Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Gluality March 9, 2006 Franklin County DWQ Project No. 051090 B-4113 AMENDED APPROVAL of 401 Water Quality Certification and NEUSE RIVER RIPARIAN BUFFER AUTHORIZATION Dr. Gregory J. Thorpe, PhD., Manager Planning and Environmental Branch North Carolina Department of Transportation 1548 Mail Service Center Raleigh, North Carolina, 27699-1548 Dear Dr. Thorpe: You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of replacement of Bridge No`°15 on SR 1106 (Moose's Pond Road) in Franklin County. Stream Im act Table Site Stream Impacts -Temporary Fill (acres) Riparian Buffer Impacts (s uare feet) Site 3 -Work Pad Station 24+34 to 24+53 .014 0 Site 3 -Bridge 13,982 Total Station 24+40 to 24+61 0 (8,581 Zone 1 + 5,401 Zone 2) Wetland Impact Table Site Fill Mechanized Clearing (ac) Method III (ac) Site 1 -Bridge Approach Fill Station 25+00 to 25+42 .001 .012 Site 2 -Bridge Approach Fill Station 23 +42 to 23+85 .003 .014 Site 3 -Bridge Station 24+40 to 24+61 .007 Totals .004 .033 The project shall be constructed in accordance with your application dated received October 28, 2005. After reviewing your application, we have decided that the stream impacts and riparian buffer impacts described are covered by General Water Quality Certification Numbers 3366 and 3403. This certification corresponds to the Nationwide Permit 33 and the Nationwide Permit 23 issued by the Corps of Engineers. This approval is also valid for the Neuse Buffer Rules (15A NCAC 2B .0233). In addition, you should acquire any other federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non- Discharge and Water Supply Watershed regulations. This approval will expire with the accompanying 404 permit, unless otherwise specified in the Water Quality Certification. N~one~'Carol'na Transportation Permitting Unit d vu~urQ~~f/ 1650 Mell Service Center, Raleigh, North Caroline 27699-1650 2321 Crabtree Boulevard, Sufte 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 /FAX 919.733-6893 / Internet: httn://h2o.enr.state.nc.us/ncwetlands on Fnunl (lnnnrfnnihJAHGmofw~n AMinn Fmnlnvm _ F!W/_ PurvrlnrlN fl% Pne} Cnnm~mcr Puror This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change, you must notify the DWQ and submit a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or of total impacts to streams (now or in the future) exceed 1501inear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you must adhere to the conditions listed in the attached certification. 1.) Upon completion of the project, the NCDOT shall complete and return the enclosed "Certification of Completion Form" to notify DWQ when all work included in the 401 Certification has been completed. The responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the Division of Water Quality upon completion of the project. 2.) All stormwater runoff shall be directed to sheetflow through stream buffers at nonerosive velocities, unless approved otherwise by this certification. 3.) During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or riparian buffers. 4.) The dimension, pattern'~nd profile of the stream above and below the crossing should not be modified by widening the stream channel or reducing the depth of the stream. Disturbed floodplains and streams should be restored to natural geomorphic conditions. 5.) Any riprap used must not interfere with thalweg performance and aquatic life passage during low flow conditions. 6.) All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials. 7.) Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 8.) The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification. 9.) There shall be no excavation from or waste disposal into jurisdictional wetlands or waters associated with this permit without appropriate modification of this permit. Should waste or borrow sites be located in wetlands or stream, compensatory mitigation will be required since it is a direct impact from road construction activities. 10.) Heavy equipment must be operated from the banks rather than in the stream channel in order to minimize sedimentation and reduce the likelihood of introducing other pollutants into the stream. 11.) Placement of culverts and other structures in waters, streams, and wetlands must be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or stream beds or banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence that the equilibrium shall be maintained if requested in writing by DWQ. 12.) If the above condition (#11) is unable to be met, due to bedrock or other limiting 'features encountered during construction, please contact the NCDWQ for guidance on how to proceed and to determine whether or not a permit modification will be required. 13.) No live or fresh concrete shall come into contact with waters of the state until the concrete has hardened 14.) The presence of equipment in the channels must be minimized. No rock, sand or other materials shall lie dredged from the stream channel except where authorized by this certification. 15.) All work shall be performed during low or normal flow conditions. 16.) All fill slopes located. in jurisdictional wetlands shall be placed at slopes no flatter than 3:1. 17.) A copy of this Water Quality Certification shall be posted on the construction site at all times. In addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on-site project manager. 18.) All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the preconstruction contours and revegated. Maintained buffers shall be permanently revegetated with non-woody species by the end of the growing season following completion of construction. For the purpose of this condition, maintained buffer areas are defined as areas within the transportation corridor that will be subject to regular DOT maintenance activities including mowing. The area with non-maintained buffers shall be permanently revegetat~d, with native woody species before the next growing season following completion of construction. 19.) Pursuant to NCAC 15A 2B.0233(6) sediment and erosion control devices shall not be placed in Zone 1 of any Neuse Buffer without prior approval by the NCDWQ. At this time, the NCDWQ has approved no sediment and erosion control devices in Zone 1, outside of the approved project impacts, anywhere on this project. Moreover, sediment and erosion control devices shall be allowed in Zone 2 of the buffers provided that Zone 1 is not compromised and that discharge is released as diffuse flow. 20.) Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained. in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 21.) The post-construction removal of any temporary bridge structures will need to return the project site to its preconstruction contours and elevations. The revegetation of the impacted areas with appropriate native species is required. 22.) If the old bridge is removed, no discharge of bridge material into surface waters is preferred. Strict adherence the Corps of Engineers guidelines for bridge demolition will be a condition of the 401 Water Quality Certification. 23.) For projects impacting waters classified by the NC Environmental Management Commission as Trout (Tr), High Quality Waters (HQW), or Water Supply I or II (WSI, WSII) stormwater shall be directed to vegetated buffer areas, grass-lined ditches or other means appropriate to the site for the purpose of pre-treating storm water runoff, and must not be routed directly into streams without proper stormwater treatment as asserted above. Mowing of existing vegetated buffers is strongly discouraged, so that they may be utilized for storm water sheet flow. 24.) The NCDOT shall strictly adhere to sediment and erosion control Best Management Practices as described for High Quality Waters entitled "Design Standards in Sensitive Watersheds" (15A NCAC 04B .0124) throughout design and construction of the project. Project Specific Conditions: 25.) NCDOT will adhere to a moratorium on clearing and grubbing work 50 feet from top of the stream bank between November 15 and April 1 for the Tar spinymussel and Dwarf wedgemussel, as requested by the United States Fish and Wildlife Service. 26.) NCDOT must adhere to a moratorium for instream work due to anadromous fish if all three dams located below this project, Lowell Mill, Atkinson Mill, and Mitchell Mill, are amended or breached during construction. ,~ - If you do not accept any of the conditions of this certification, 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 that 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 certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please contact Nicole Thomson at (919) 715-3415. m rely, ~~ ? Alan W. Klim€R~i~~r~-_ JEHlnjt Attachment cc: Mr. Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office Mr. Jon Nance, Division 5 Engineer, 2612 N. Duke Street, Durham, NC 27704 Mr. Chris Murray, Division 5 Environmental Officer, 2612 N. Duke Street, Durham, NC 27704 Mr. Travis Wilson, NC Wildlife Resources Commission Mr. Gary Jordan, US Fish and Wildlife Service NC DWQ Raleigh Regional Office Central Files File Copy c:\Con•espondence\2005BridgeProJects\D W Q051090\amended 120605 wgc.doc O~ W ATFR Michael F. Easley, Governor William G. Ross Jr., Secretary \O~ pG North Carolina Department of Environment and Natural Resources ~ y Alan W. Klimek, P.E. Director ~ Division of Water Quality o ~ February 28, 2006 Franklin County DWQ Project No. 051090 B-4113 AMENDED APPROVAL of 401 Water Quality Certification and NEUSE RIVER RIPARIAN BUFFER AUTHORIZATION Dr. Gregory J. Thorpe, PhD., Manager Planning and Environmental Branch North Carolina Department of Transportation 1548 Mail Service Center Raleigh, North Carolina, 27699-1548 Dear Dr. Thorpe: You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of replacement of Bridge No"15 on SR 1106 (Moore's Pond Road) in Franklin County. Stream Im act Table Site Stream Impacts -Temporary Fill Riparian Buffer Impacts (acres) (s ware feet) Site 3 -Work Pad Station 24+34 to 24+53 .014 0 Site 3 -Bridge 13,982 Total Station 24+40 to 24+61 0 (8,581 Zone 1 + 5,401 Zone 2) Watlwnrl impact Table Site .. ------- ---- --- - - - - Fill Mechanized Clearin g (ac) Method III (ac) Site 1 -Bridge Approach Fill Station 25+00 to 25+42 .001 .012 Site 2 -Bridge Approach Fill Station 23 +42 to 23+85 .003 .014 Site 3 -Bridge Station 24+40 to 24+61 .007 Totals .004 .033 The project shall be constructed in accordance with your application dated received October 28, 2005. After reviewing your application, we have decided that the stream impacts and riparian buffer impacts described are covered by General Water Quality Certification Numbers 3494 and 3403. This certification corresponds to the Nationwide Permit 3 and the Nationwide Permit 23 issued by the Corps of Engineers. This approval is also valid for the Neuse Buffer Rules (15A NCAC 2B .0233). In addition, you should acquire any other federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non- Discharge and Water Supply Watershed regulations. This approval will expire with the accompanying 404 permit, unless otherwise specified in the Water Quality Certification. N,,oQQne~~CaroJina Transportation Permitting Unit ~Vl[tlll'Ul~j~ 1650 Mail Service Center, Raleigh, Narth Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733.1766 /FAX 919.733.6693 /Internet: httD~//h2o.enr.state.nc.us/ncwetlands An Fniial ()nnnrh,nlty/ANirmetive Action Emolover - 50% RecvGed/10% Post Consumer Paper This approval is valid solely for'the purpose and design described in your application (unless modified below). Should your project change, you must notify the DWQ and submit a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or of total .- impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you must adhere to the conditions listed in the attached certification. 1.) Upon completion of the project, the NCDOT shall complete and return the enclos2cl "Certification of Completion Form" to notify DWQ when all work included in the 401 Certification has been completed. The responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the Division of Water Quality upon completion of the project. 2.) All stormwater runoff shall be directed to sheettlow through stream buffers at nonerosive velocities, unless approved otherwise by this certification. 3.) During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or riparian buffers. 4.) The dimension, pattern~and profile of the stream above and below the crossing should not be modified by widening the stream channel or reducing the depth of the stream. Disturbed floodplains and streams should be restored to natural geomorphic conditions. 5.) Any riprap used must not interfere with thalweg performance and aquatic life passage during low flow conditions. 6.) All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials. 7.) Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 8.) The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification. 9.) There shall be no excavation from or waste disposal into jurisdictional wetlands or waters associated with this permit without appropriate modification of this permit. Should waste or borrow sites be located in wetlands or stream, compensatory mitigation will be required since it is a direct impact from road construction activities. 10.) Heavy equipment must be operated from the banks rather than in the stream channel in order to minimize sedimentation and reduce the likelihood of introducing other pollutants into the stream. 11.) Placement of culverts and other structures in waters, streams, and wetlands must be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or stream beds or banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence that the equilibrium shall be maintained if requested in writing by DWQ. 12.) If the above condition (#12) is unable to be met, due to bedrock or other limiting features encountered during construction, please contact the NCDWQ for guidance on how to proceed and to determine whether or not a permit modification will be required. 13.) No live or fresh concrete shall come into contact with waters of the state until the concrete has hardened 14.) The presence of equipment in the channels must be minimized. Under no circumstances must rock, sand or other materials be dredged from the wetted stream channel under authorization of this permit, except in the immediate vicinity of the culverts. 15.) All work shall be performed during low or normal flow conditions. 16.) All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1. 17.) A copy of this Water Quality Certification shall be posted on the construction site at all times. In addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on-site project manager. 18.) All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the preconstruction contours and revegatation. Maintained buffers shall be permanently revegetated with non- woody species by the end of the growing season following completion of construction. For the purpose of this condition, maintained buffer areas are defined as areas within the transportation corridor that will be subject to regular DOT maintenance activities including mowing. The area with non-maintained buffers shall be permanently revegetated, with native woody species before the next growing season following completion of construction. 19.) Pursuant to NCAC 15A 2B.0233(6) sediment and erosion control devices shall not be placed in Zone 1 of any Neuse Buffer without prior approval by the NCDWQ. At this time, the NCDWQ has approved no sediment and erosion control devices in Zone 1, outside of the approved project impacts, anywhere on this project. Moreover, sediment and erosion control devices shall be allowed in Zone 2 of the buffers provided that Zone 1 is not compromised and that discharge is released as diffuse flow. 20.) Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 21.) The post-construction removal of any temporary bridge structures will need to return the project site to its preconstruction contours and elevations. The revegetation of the impacted areas with appropriate native species is required. 22.) If the old bridge is removed, no discharge of bridge material into surface waters is preferred. Strict adherence the Corps of Engineers guidelines for bridge demolition will be a condition of the 401 Water Quality Certification. 23.) For projects impacting waters classified by the NC Environmental Management Commission as Trout (Tr), High Quality Waters (HQW), or Water Supply I or II (WSI, WSII) stormwater shall be directed to vegetated buffer areas, grass-lined ditches or other means appropriate to the site for the purpose of pre-treating storm water runoff, and must not be routed directly into streams without proper stormwater treatment as asserted above. Mowing of existing vegetated buffers is strongly discouraged, so that they may be utilized for storm water sheet flow. 24.) The NCDOT shall strictly adhere to sediment and erosion control Best Management Practices as described for High Quality Waters entitled "Design Standards in Sensitive Watersheds" (15A NCAC 04B .0024) throughout design and construction of the project. Project Specific Conditions: 25.) NCDOT will adhere to a moratorium on clearing and grubbing work 50 feet from top of the stream bank between November 15 and April 1 for the Tar spinymussel and Dwarf wedgemussel, as requested by the United States Fish and Wildlife Service. 26.) NCDOT must adhere to a moratorium for instream work due to anadromous fish if all three dams located below this project, Lowell Mills Atkinson Mill, and Mitchell Mill, are amended or breached during construction. If you do not accept any of the conditions of this certification, 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 that 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 certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please contact Nicole Thomson at (919) 715-3415. Sinceryely, ~G Jlj2 Alan W. Klimek, P.E. JEH/njt Attachment cc: Mr. Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office Mr. Jon Nance, Division 5 Engineer, 2612 N. Duke Street, Durham, NC 27704 Mr. Chris Murray, Division 5 Environmental Officer, 2612 N. Duke Street, Durham, NC 27704 Mr. Travis Wilson, NC Wildlife Resources Commission Mr. Gary Jordan, US Fish and Wildlife Service NC DWQ Raleigh Regional Office Central Files File Copy c:\Correspondence\2005BridgeProjects\DWQ051090\;imended 120(05 wgadoc Michael F. Easley, Governor ~ W AT ~ William G. Ross Jr., Secretary R O O~ pG North Carolina Department of Environment and Natural Resources y Alan W. Klimek, P.E. Director r' Division of Water Quality ~ -1 ~ ~ December 12, 2005 Franklin County DWQ Project No. 051090 AMENDED APPROVAL of 401 Water Quality Certification and NEUSE RIVER RIPARIAN BUFFER AUTHORIZATION Dr. Gregory J. Thorpe, PhD., Manager Planning and Environmental Branch North Carolina Department of Transportation 1548 Mail Service Center Raleigh, North Carolina, 27699-1548 Dear Dr. Thorpe: You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of replacement of Bridge No. IS on SR 1106 (Moore's Pond Road) in Franklin County. i.....o..* Tohla Site v ~a ~.uaaa a Stream Impacts -Temporary Fill Riparian Buffer Impacts (acres) (s uare feet) Site 3 -Work Pad 0 Station 24+34 to 24+53 .014 Site 3 -Bridge 13,982 Total Station 24+40 to 24+61 0 (8,581 Zone 1 + 5,401 Zone 2) W tl d Im act Table Site e an Fill Mechanized Clearing (ac) Method III (ac) Site 1 -Bridge Approach Fill Station 25+00 to 25+42 .001 .012 Site 2 -Bridge Approach Fill Station 23 +42 to 23+85 .003 .014 Site 3 -Bridge 007 Station 24+40 to 24+61 . Totals .004 .033 The project shall be constructed in accordance with your application dated received October 28, 2005. After reviewing your application, we have decided that the stream impacts and riparian buffer impacts described are covered by General Water Quality Certification Numbers 3494 and 3403. This certification corresponds to the Nationwide Permit 3 and the Nationwide Permit 23 issued by the Corps of Engineers. This approval is also valid for the Neuse Buffer Rules (15A NCAC 2B .0233). In addition, you should acquire any other federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non- Discharge and Water Supply Watershed regulations. This approval will expire with the accompanying 404 permit, unless otherwise specified in the Water Quality Certification. IV nehCaro ma ~atural~ly Transportation Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-17861 FAX 919-733-6893 /Internet: http~//h2o enr state.nc.us/ncwetlands This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change, you must notify the DWQ and submit a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or of total impacts to streams (now or in the future) exceed 1501inear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you must adhere to the conditions listed in the attached certification. 1.) Upon completion of the project, the NCDOT shall complete and return the enclosed "Certification of Completion Form" to notify DWQ when all work included in the 401 Certification has been completed. The responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the Division of Water Quality upon completion of the project. 2.) All stormwater runoff shall be directed to sheetflow through stream buffers at nonerosive velocities, unless approved otherwise by this certification. 3.) During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or riparian buffers. 4.) Riparian vegetation must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 5.) The dimension, pattern and profile of the stream above and below the crossing should not be modified by widening the stream channel or reducing the depth of the stream. Disturbed floodplains and streams should be restored to natural geomorphic conditions. 6.) Any riprap used must not interfere with thalweg performance and aquatic life passage during low flow conditions. 7.) All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials. 8.) Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 9.) The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification. 10.) There shall be no excavation from or waste disposal into jurisdictional wetlands or waters associated with this permit without appropriate modification of this permit. Should waste or borrow sites be located in wetlands or stream, compensatory mitigation will be required since it is a direct impact from road construction activities. 11.) Heavy equipment must be operated from the banks rather than in the stream channel in order to minimize sedimentation and reduce the likelihood of introducing other pollutants into the stream. 12.) Placement of culverts and other structures in waters, streams, and wetlands must be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or stream beds or banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence that the equilibrium shall be maintained if requested in writing by DWQ. 13.) If the above condition (#12) is unable to be met, due to bedrock or other limiting features encountered during construction, please contact the NCDWQ for guidance on how to proceed and to determine whether or not a permit modification will be required. 14.) No live or fresh concrete shall come into contact with waters of the state until the concrete has hardened 15.) The presence of equipment in the channels must be minimized. Under no circumstances must rock, sand or other materials be dredged from the wetted stream channel under authorization of this permit, except in the immediate vicinity of the culverts. 16.) All work shall be performed during low or normal flow conditions. 17.) All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1. 18.) A copy of this Water Quality Certification shall be posted on the construction site at all times. In addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on-site project manager. 19.) All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the preconstruction contours and revegetated with native woody species upon completion of the project construction. Apost-construction as-built with the restoration activities included shall be submitted to the DWQ no later than 60 days after the project is closed out by the Department of Transportation. 20.) Pursuant to NCACISA 2B.0233(6) sediment and erosion control devices shall not be placed in Zone 1 of any Neuse Buffer without prior approval by the NCDWQ. At this time, the NCDWQ has approved no sediment and erosion control devices in Zone 1, outside of the approved project impacts, anywhere on this project. Moreover, sediment and erosion control devices shall be allowed in Zone 2 of the buffers provided that Zone 1 is not compromised and that discharge is released as diffuse flow. 21.) Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 22.) The post-construction removal of any temporary bridge structures will need to return the project site to its preconstruction contours and elevations. The revegetation of the impacted areas with appropriate native species is required. 23.) If the old bridge is removed, no discharge of bridge material into surface waters is preferred. Strict adherence the Corps of Engineers guidelines for bridge demolition will be a condition of the 401 Water Quality Certification. 24.) For projects impacting waters classified by the NC Environmental Management Commission as Trout (Tr), High Quality Waters (HQW), or Water Supply I or II (WSI, WSII) stormwater shall be directed to vegetated buffer areas, grass-lined ditches or other means appropriate to the site for the purpose of pre-treating storm water runoff, and must not be routed directly into streams without proper stormwater treatment as asserted above. Mowing of existing vegetated buffers is strongly discouraged, so that they may be utilized for storm water sheet flow. 25.) The NCDOT shall strictly adhere to sediment and erosion control Best Management Practices as described for High Quality Waters entitled "Design Standards in Sensitive Watersheds" (15A NCAC 04B .0024) throughout design and construction of the project. Project Specific Conditions: 26.) NCDOT will adhere to a moratorium on clearing and grubbing work 50 feet from top of the stream bank between November 15 and April 1 for the Tar spinymussel and Dwarf wedgemussel, as requested by the United States Fish and Wildlife Service. 27.) NCDOT must adhere to a moratorium for instream work due to anadromous fish if all three dams located below this project, Lowell Mill, Atkinson Mill, and Mitchell Mill, are amended or breached during construction. If you do not accept any of the conditions of this certification, 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 that 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 certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please contact Nicole Thomson at (919) 715-3415. incere , 0 J~'c-- lan W. Klimek, P.E. JEH/nj t Attachment cc: Mr. Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office Mr. Jon Nance, Division 5 Engineer, 2612 N. Duke Street, Durham, NC 27704 Mr. Chris Murray, Division 5 Environmental Officer, 2612 N. Duke Street, Durham, NC 27704 Mr. Travis Wilson, NC Wildlife Resources Commission Mr. Gary Jordan, US Fish and Wildlife Service NC DWQ Raleigh Regional Office Central Files File Copy c:\Correspondence\2005BridgeProjects\D WQ051090\120605wgadoc i map://nicole.thomson%n40dwq.denr.ncmail.net@cros.ncmail. net:143/f. Subject: [Fwd: B-4113 Franklin County] From: "Deanna R. Riffey" <driffey@dot.state.nc.us> Date: Tue, 06 Dec 2005 09:07:31 -0500 To: Nicole Thomson <nicole.thomson@ncmail.net> Nikki, Below is the email convesation from NCDOT and Travis Wilson (NCWRC). I hope this helps ti,.. Deanna Subject: RE: B-4113 Franklin County From: "Wilson, Travis W." <travis.wilson@ncwildlife.org> Date: Fri, 7 Oct 2005 14:30:53 -0400 To: "'Deanna R. Riffey "' <driffey@dot.state.nc.us> CC: 'Elizabeth Lee Lusk ' <ellusk@dot.state.nc.us>, 'Logan Williams ' <loganwilliams@dot.state.nc.us> I'm trying to recall from memory our conversation, I thought the condition was to adher to the moratorium pending Dam removals or fish passage structures. We know Lowell Mill is gone, however there was/is a possiblity the other two dams could be breached or amended for fish passage before DOT constructs the project, since it is not uncommon for comments to be given 5-6 years prior to construction. I agree if the dams are in place as is during time of construction, WRC does not recommend an instream work moratorium for anadromous fish. -----Original Message----- From: Deanna R. Riffey To: Wilson, Travis W. Cc: Elizabeth Lee Lusk; Logan Williams Sent: 10/5/2005 5:20 PM Subject: Re: B-4113 Franklin County Hi Travis, In April, I had sent you and email regarding your comment on the instream moratorium for anadromous fish in the project area (see attached email). You recommended to keep the instream work moratorium for the protection of anadromous fish in this area. Since this time NCDOT has researched Little River below the project area. It has been brought to our attention that there are 3 dams located below our project on the Little River. 1 of 3 12/6/2005 9:40 AM i map://nicole.thomson%40dwq.denr.ncmail. netC~ems.nc * Lowell Mill Dam located near I -95 in Johnston County. Lowell Mill is scheduled to be removed in fall of 2006 and a 2005 survey by the Catena Group found shad below the dam and not above. Presently this project will LET in June 2006. * Atkinson Mill Dam located near Hwy 42 and Hwy 39 in Johnston County, * Mitchell Mill Dam located near the Mitchell Mill State Natural Area in Wake County. The Natural Area also has granite rock formations over which the Little River flows. Due to this information, NCDOT does not believe a moratorium for instream work due to anadromous fish is warranted. This project does have a moratorium for this project for clearing and grubbing work from November 15 -April 1 for the Tar spinymussel and the Dwarf wedgemussel. If you have any question or need additional information please let me know. "Wilson, Travis W." wrote: An in stream work moratorium is recommended for the protection of anadromous fish in this area. Anadromous fish are dependent on stream flow this high in the watershed; therefore I can not determine future presence or absence. -----Original Message----- From: Deanna R. Riffey [ mailto:driffey@dot.state.nc.us <mailto:driffey@dot.state.nc.us> ] Sent: Wednesday, Apri120, 2005 3:32 PM To: wilsontw@mail.wildlife.state.nc.us Subject: B-4113 Franklin County Hi Travis, I have a PCE (2/2004) document for a bridge replacement over Little River on Moore's Pond Rd in Franklin County. In the additional documentation section there is a comment that stated "The North Carolina Wildlife Resource Commission stated that the Little River has the potential for supporting anadromous fish". An instream moratorium is required. Can you comment for sure that there are anadromous fish or are 2 of 3 12/6 not? «Card for Deanna R. Riffey» Deanna R. Riffey <driffey@dot.state.nc.us> Environmental Supervisor Project Development & Environmental Analysis imap://nicole.thomson%40dwq.denr.ncmai Lnet @cros. ncmai I. net:143/f.. 3 of 3 12/6/2005 9:40 AN] O~O~ W A T ~9QG 7 ~ ~ ~ Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality November 18, 2005 Franklin County DWQ Project No. 051090 APPROVAL of 401 Water Quality Certification and NEUSE RIVER RIPARIAN BUFFER AUTHORIZATION Dr. Gregory J. Thorpe, PhD., Manager Planning and Environmental Branch North Carolina Department of Transportation 1548 Mail Service Center Raleigh, North Carolina, 27699-1548 Dear Dr. Thorpe: You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of replacement of Bridge No. 15 on SR 1106 (Moore's Pond Road) in Franklin County. Stream Impact Table Site Stream Impacts -Temporary Fill Riparian Buffer Impacts (acres) (s uare feet) Site 3 -Work Pad Station 24+34 to 24+53 .014 0 Site 3 -Bridge 13,982 Total Station 24+40 to 24+61 0 (8,581 Zone 1 + 5,401 Zone 2) Wetland Impact Table Site Fill Mechanized Clearing (ac) Method III (ac) Site 1 -Bridge Approach Fill Station 25+00 to 25+42 .001 .012 Site 2 -Bridge Approach Fill Station 23 +42 to 23+85 .003 .014 Site 3 -Bridge Station 24+40 to 24+61 .007 Totals .004 .033 The project shall be constructed in accordance with your application dated received October 28, 2005. After reviewing your application, we have decided that the stream impacts and riparian buffer impacts described are covered by General Water Quality Certification Numbers 3494 and 3403. This certification corresponds to the Nationwide Permit 3 and the Nationwide Permit 23 issued by the Corps of Engineers. This approval is also valid for the Neuse Buffer Rules (15A NCAC 2B .0233). In addition, you should acquire any other federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non- Discharge and Water Supply Watershed regulations. This approval will expire with the accompanying 404 permit, unless otherwise specified in the Water Quality Certification. _ AnehCAro)ina Transportation Permitting Unit ~QtllCll<~if 1650 Mail Service Center, Rale(gh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919.733-1766 /FAX 919.733-6893 /Internet: httg://h2o.enr.state.nc. us/ncwetlands An Equal Oooortunity/Affirmative Action Emolover - 50% Recycled/1 n% Post Consomar Panar This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change, you must notify the DWQ and submit a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or of total impacts to streams (now or in the future) exceed 1501inear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you must adhere to the conditions listed in the attached certification. 1.) Upon completion of the project, the NCDOT shall complete and return the enclosed "Certification of Completion Form" to notify DWQ when all work included in the 401 Certification has been completed. The responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the Division of Water Quality upon completion of the project. 2.) All stormwater runoff shall be directed to sheetflow through stream buffers at nonerosive velocities, unless approved otherwise by this certification. 3.) During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., o~ riparian buffers. 4.) Riparian vegetation must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 5.) The dimension, pattern and profile of the stream above and below the crossing should not be modified by widening the stream channel or reducing the depth of the stream. Disturbed floodplains and streams should be restored to natural geomorphic conditions. 6.) Any riprap used must not interfere with thalweg performance and aquatic life passage during low flow conditions. 7.) All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials. 8.) Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 9.) The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification. 10.) There shall be no excavation from or waste disposal into jurisdictional wetlands or waters associated with this permit without appropriate modification of this permit. Should waste or borrow sites be located in wetlands or stream, compensatory mitigation will be required since it is a direct impact from road construction activities. 11.) Heavy equipment must be operated from the banks rather than in the stream channel in order to minimize sedimentation and reduce the likelihood of introducing other pollutants into the stream. 12.) Placement of culverts and other structures in waters, streams, and wetlands must be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or stream beds or banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence that the equilibrium shall be maintained if requested in writing by DWQ. 24.) For projects impacting waters classified by the NC Environmental Management Commission as Trout (Tr), High Quality Waters (HQW), or Water Supply I or II (WSI, WSII) stormwater shall be directed to vegetated buffer areas, grass-lined ditches or other means appropriate to the site for the purpose of pre-treating storm water runoff, and must not be routed directly into streams without proper stormwater treatment as asserted above. Mowing of existing vegetated buffers is strongly discouraged, so that they may be utilized for storm water sheet flow. 25.) The NCDOT shall strictly adhere to sediment and erosion control Best Management Practices as described for High Quality Waters entitled "Design Standards in Sensitive Watersheds" (15A NCAC 04B .0024) throughout design and construction of the project. Project Specific Conditions: 26.) NCDOT will adhere to a moratorium on clearing and grubbing work 50 feet from top of the stream bank between November 15 and April 1 for the Tar spinymussel and Dwarf wedgemussel, as requested by the United States Fish and Wildlife Service. 27.) NCDOT must adhere to a moratorium for instream work due to anadromous fish if any of the three dams located below this project, Lowell Mill, Atkinson Mill, or Mitchell Mill, are not in place during construction. If you do not accept any of the conditions of this certification, 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 that 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 certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please contact Christina Breen at (919) 733-9604. Si-dcere~Jy, t // ~`i1 /~ Alan W. Klimek, P.E. JEH/cmb Attachment cc: Mr. Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office Mr. Jon Nance, Division 5 Engineer, 2612 N. Duke Street, Durham, NC 27704 Mr. Chris Murray, Division 5 Environmental Officer, 2612 N. Duke Street, Durham, NC 27704 Mr. Travis Wilson, NC Wildlife Resources Commission Mr. Gary Jordan, US Fish and Wildlife Service NC DWQ Raleigh Regional Office Central Files File Copy c:\Correspondence\20050therProjects\D W Q051090\ l l 1805 wgc.doc 13.) If the above condition (#12) is unable to be met, due to bedrock or other limiting features encountered during construction, please contact the NCDWQ for guidance on how to proceed and to determine whether or not a permit modification will be required. 14.) No live or fresh concrete shall come into contact with waters of the state until the concrete has hardened 15.) The presence of equipment in the channels must be minimized. Under no circumstances must rock, sand or other materials be dredged from the wetted stream channel under authorization of this permit, except in the immediate vicinity of the culverts. 16.) All work shall be performed during low or normal flow conditions. 17.) All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1. 18.) A copy of this Water Quality Certification shall be posted on the construction site at all times. In addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on-site project manager. 19.) All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the preconstruction contours and revegetated with native woody species upon completion of the project construction. Apost-construction as-built with the restoration activities included shall be submitted to the DWQ no later than 60 days after the project is closed out by the Department of Transportation. 20.) Pursuant to NCACISA 2B.0233(6) sediment and erosion control devices shall not be placed in Zone 1 of any Neuse Buffer without prior approval by the NCDWQ. At this time, the NCDWQ has approved no sediment ar erosion control devices in Zone 1, outside of the approved project impacts, anywhere on this project. Moreove sediment and erosion control devices shall be allowed in Zone 2 of the buffers provided that Zone 1 is not compromised and that discharge is released as diffuse flow. 21.) Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, ar maintained in accordance with the most recent version of the North Carolina Sediment and Erosic Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measure must be such that they equal, or exceed, the requirements specified in the most recent version of tl North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on a construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or lease borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operate and maintained in accordance with the most recent version of the North Carolina Surface Miner Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance wig the requirements of the Sedimentation Pollution Control Act. 22.) The post-construction removal of any temporary bridge structures will need to return the project site to its preconstruction contours and elevations. The revegetation of the impacted areas with appropriate native specie is required. 23.) If the old bridge is removed, no discharge of bridge material into surface waters is preferred. Strict adherence the Corps of Engineers guidelines for bridge demolition will be a condition of the 401 Water Quality Certification. T 'd SONtr~19M-JM0~3WdN ~689~~L6T6~191 ~T~LI~ IIHl ~t=tt]c-~T-ii0h•! r+TA+t. STATE OF NORTH ~AROT.,a1VA DEPART-lV~;~N~' (~F TRANSPORTATION Mrc~ r,1rrL F. EASLEY I,YNUO TfPPrTT ~UVeKrIOe 5rcar rnrtv HUN~,AN ANb NATURAL ENVIRONMENT UNITS FACSIMILE FROM: TO: // ~ // ` ~ ~ ' ~7 ~~4'i~t7hri ~/~~n UCAnn~ i COM~A^^N~~Y: PHONE NUMBFR: ~ /YC 1;'AX NUMBER: DATE: ~~3 -. ~ oaf ri~«1~.~" -- PRUNE NUMBER: 'T'OTAL # OF PAGE5 INCLUDING COVF,R: RE: ~~ r ~~~~ CC: ^ URC:F-N'I' ^ FOk REVIEW ©PLEASE COMMENT ^ PLEASE REPLY ^ PL6AS1r RECYCLC :VOTES/COMMENTS: J77Jr/rI W~/ ` r ~GCk>r~C /n ~TJrrn~.~r o n . ~ndW i -!~ ~r1 ~ ~-~ v-e anr~ /1 ~ !.J/~G ~ Dl~ d rP ~Gwl~/~ q ~~. y c.~ d /Jh~ ~~ ~/ ,5~~/ X09 MAILING ADDRffSS: NC D~PAfiTMENY <7F TRAN$P(]RTATION• kUMAN ENVIRONMENT UNIT 1563 MAIL $EflVICE CENTER RALEIGH NC 17699-1583 TELEPHONE: 919-715.1500 FAX: 919-715-1501 WEeS1T~' INWVV.NCDDT.ORG 3h~l0-MHO lOQ=?hJ MAILING ADDRESS: NC DEPARTMENT OF TRANSPORTATION NATURAL ENVIRONMENT UNIT 1598 MAU SERVICE CENTER RALF.I~ti NC 2769a.15a8 'd r 0 ' ~~ ~h101 S~JNL-t~19M- ]MO ~ ~WdN ~689~~Z6I6 ~ ~~l ~ T ~ ~ n i~Hl ~c~0~ - ~ T -flr~h! GRASS SWALE DATA-23+50 TO Z4+OO~l.-LT DA~.379QC MINIMUM LENGTH 0~' SWALE° 38 ft SWALE LENGTH PROVIDED-50 f'f• LONGITUDINAL S LOPE= I•Z~ SIDE SLOPES /=3:~ 02.7 cfis 010= 0•g cfs V2=1.4 ft/s V1Q~ f.5 ft/s D2=0.2 ft b10= 0.2 ft G~2A55 SWALE DATA~7.8+79 TO 29+14-L-RT DA=O.319ac MINIMUM LENGTH OF SWALE 32 ft SWALE LENGTH PROVIDED-3a ft LONGITUDINAL SLOPE= 4.0~ SIDE SLOPES >/=3:1 02.7 cfs OIO- 0.1 cfis V2.0.7 ft/s V10=0.8 ft/s D2-U.3 fit DIp= 0.3 ft GRA55 SWA~s= DATA-27+32 TO 27+50-L-RT DA= 0.171~c MINIMUM LENGTH OF SWALE= 17 •t t SWALE LENGTH PROVIDED=18 f t LONGITUDINAL S OP = 4.0% SIDE SLOPES >/=3:1 02-0.5 cfs 010= 0.6 c•fs V2=0.6 ft/s V10= 0.7 ft/5 D2=0.3 ft D10= 0.3 ft GRASS SWALE DATA-25+37 TO 26+30-L-L'1` DA= 0.`alac MfNIMUM LENGTH OF `. SWALE LENGT H PROVIDED=~93 fi• LONGITUDINAL SLOPE = ;4X SIDE Q2= 2.1 cfs 010= 2.7 cfs V2=1.5 ft/s~ V10= I.7 ft/s D2=0.4 fit D10= 0.5 ft WALE= 91 fit OPES= >3:1 ~~~~~ DIVISION OF HI(1HR'AYS FRANF.I.iN CO[7N'!'Y PItOJECT:33~(6$.1.1 <B-{II3) 1t1~PLA~.E i3RiDGE No. 15 OVER LIT',I'I.E RIVER ON SR 110b (MOORES POND RD) SHE~:T _ OF ~127l03 ~N.'~.0'd TI=t~T ~T~ rT6 ~hJO-3H0 lOQ~hd r,T:t'T ~~~0'-c,T-i'~01J ,,. crui ~{~, rrM~~ v ~=~~~ .~~,:;~. STATE OF NORTH CAROLINA DEPART~NT OF T~;ANSPORTATIO MICHAEL F. EASLEY GOVERNOR o~ ~/~ °cT 0~ ,, ~ ~ ~~° ~~a ~=qrF ~~00 0 sT~~°~~ry s N Re,~, DAVID MCCoY SECRETARY October 20, 2005 U.S. Army Corp of Engineers Regulatory Field Office 6508 Falls of the Neuse Road Suite 120 Raleigh, NC 27615 D~/0 `ID v.z ATTN: Mr. Eric Alsmeyer NCDOT Coordinator Subject: Nationwide 23 and 33 Permit Application and Riparian Buffer Certification for the Replacement of Bridge No. 15 on SR 1106 over the Little River in Franklin County. State Project No. 8.2360707, Federal Aid Project No. BRZ- 1106 (3), WBS Element 33468.1.1, Division 5, TIP No. B-4113. Dear Sir: Please find enclosed three copies of the Programmatic Categorical Exclusion (PCE) Document, Natural Resource Technical Report (NRTR), North Carolina Ecosystem and Enhancement . Program (EEP) acceptance letter, pre-construction notification, project commitments, permit drawings, and design plan sheets. The project involves replacing Bridge No. 15, a 60-foot structure, with a 135-foot bridge at approximately the same location. The bridge crosses Little River just east of Moore's Pond Dam and northeast of junction NC 98 and NC 96. The proposed bridge will consist of two spans. Bridge No. 15 will be widened from 25 feet to 39 feet to accommodate a travel path of 24 feet with offsets of 6 feet on each side. A workpad will provide construction access for construction of the drilled shafts for center for the new bridge. The workpads will be built using Class II riprap. Traffic will be detoured offsite along surrounding roads during construction IMPACTS TO WATEILS OF TIIE UNTTED STATES The Little River is located within the Neuse River Basin (sub-basin 03-04-06) within HUC 03020201. Little River is the only water resource in the project area and is a perennial, piedmont stream with very low flow over a silty and muddy substrate with an approximate width of 52 feet. The North Carolina Division of Water Quality has assigned this section of Little River DWQ Index No. 25-57-(1) and a best usage classification of WS-II HQW NSW. ~ , - -- _. ~ ~. L. ~. E I .__..._...~; u ,..~ MAILING ADDRESS: TELEPHONE: 919-715-7500 LOCATION: NC DEPARTMENT OF TRANSPORTATION FAX: 919-715-1501 2728 CAPITAL BLVD PROJECT DEVELOPh1ENT AND ENVIRONMENTAL ANALYSIS PLB SUITE 168 1598 MAIL SERVICE CENTER WEBSITE: WWW.NCDOT.ORG RALEIGH, NC 27604 RALEIGH NC 27699-1598 Permanent Impacts The new structure for Bridge No. 15 will span Little River. There will be no bents in the water. Replacement of Bridge No. 15 and will result in permanent riverine wetland impacts of 0.03 acres. Impacts for wetlands at Site 1 and Site 2 are from mechanized clearing and approach fill and wetland impacts at Site 3 are from mechanized clearing for bridge. As proposed in the project commitments Design Standards for Sensitive Watersheds along with the NCDOT Roadside Environmental Unit provision for Environmentally Sensitive Areas will be utilized. Temporary Impacts Temporary impacts from this project consist of 0.01 acres of temporary fill in the Little River. Impacts stem from a workpad that will be used to construct the middle bent of the new bridge. The workpad is not required for removal of the existing interior bent since it consists of timber piles, which can be cut off at the mud line. Please refer to Permit Drawing Sheet 4 entitled Workpad Impact. Buffer Impacts As previously noted, this project is located in the Neuse River Basin. Therefore, the regulations pertaining to the buffer rules apply. Buffer impacts associated with this project total 8,581 square feet (0.20 acres) for Zone 1 and 5401 square feet (0.12 acres) for Zone 2. Impacts occur as a result of water treatment mechanisms. Water Treatment Mechanisms • In the southwest quadrant water, is treated by a Swale since the topography of the area does not lend itself to the use of a level spreader. The treated water is then conveyed through the buffer zones to Little River by means of a 2-foot base ditch. The base ditch will be a more suitable conveyance mechanism than allowing water to sheet flow over the buffer zones and possibly cause erosion/sediment transport into Little River. • In the northeast and northwest quadrants water is treated by swales since the topography of the area dots not lend itself to the use of a level spreaders. However the northwest Swale terminates prior to entering buffer zone 1 and the wetland. All practicable measures to minimize impacts within buffer zones were followed. Measures used to minimize impacts to the buffer zone include using the current alignment. According to the buffer rules, bridges arc ALLOWABLE. Uses designated as allowable may proceed within the riparian buffer provided that there are no practical alternatives to the requested use pursuant to Item (8) of this Rule. These uses require written authorization from the Division of Water Quality or the delegated local authority. Utility Impacts Utility impacts will be incurred in the buffer zone east of Bridge No. 15 on both sides of the stream. The impacts are a result of hand clearing for the placement of aerial power line that will cross the stream. The non-mechanized clearing area is less than 1461inear feet. Overhead electric utility line perpendicular crossings of streams that disturb equal to or less than 150 linear feet of riparian buffer are exempt according to the buffer rules. Therefore, no buffer certification is needed and no mitigation is proposed. Bridge Demolition Bridge No. 15 was built in 1961. It is a two-span structure that is 25 feet long and 39 feet wide. The superstructure consists of timber floor on steel I-beams. The end bents are timber bulkheads and the interior bent has timber caps and piles. Best Management Practices for Bridge Demolition and Removal will be implemented during the demolition and construction of both bridges. Page 2 B-4113 Restoration Plan - Removal and Disposal Plan: The contractor will be required to submit a reclamation plan for the removal of and disposal of all material off-site at an upland location. The contractor will use excavation equipment for removal of any earthen material. Ileavy-duty trucks, dozers, cranes and various other pieces of mechanical equipment necessary for construction of roadways and bridges will be used on site. All material placed in the stream will be removed from the stream at that time. The contractor will have the option of reusing any of the materials that the engineer deems suitable in the construction of project. After tl~e erosion control devices are no longer needed, all temporary materials will become the property of the contractor. Following construction of the bridge, all material used in the construction of the structure will be removed. The existing approach fill will be removed to natural grade and the area will be re- vegetated according to NCDOT guidelines. Class I riprap and filter fabric will be used for bank ~ - stabilization. Pre-project elevations will be restored. Schedule: At this time the project is schedule to let on June 20, 2006 with a date of availability of August 1, 2006. It is expected that the contractor will choose to start construction in August. MITIGATION OPTIONS Despite the minimization strategies employed for the proposed project, the resulting permanent wetland impacts will be 0.03 acres. Consequently, the project will require compensatory mitigation. Avoidance, Minimization, and Mitigation: The NCDOT is cornnutted to incorporating all reasonable and practicable design features to avoid and minimize jurisdictional impacts, and to provide full compensatory mitigation of all remaining, unavoidable jurisdictional impacts. Avoidance measures were taken during the planning and NEPA compliance stages; minimization measures were incorporated as part of the project design. According to the Clean Water Act (CWA) §404(b)(1) guidelines, NCDOT must avoid, minimize, and mitigate, in sequential order, impacts to waters of the US. The following is a list of the project's jurisdictional stream avoidance/minunization activities proposed or completed by NCDOT: Avoidance/Niinimization: The new bridge will not have bents located in the water (see Bridge Survey Report drawing). The new bridge will be 75 feet longer than the existing bridge. Limited instream activity An offsite detour will be used. Design Standards for Sensitive Watersheds and the Environmental Sensitive Areas Provision implementation. There is a moratorium on clearing and grubbing work 50 feet out from top of the stream bank between November 15 and April 1. Based on the above considerations, it is determined that there is no practicable alternative to the proposed construction in jurisdictional Waters of the U.S. and that the proposed action includes all practicable methods to avoid and/or minimize jurisdictional wetland impacts that may result from such use. Page 3 B11113 COMPENSATION: The primary emphasis of the compensatory mitigation is to reestablish a condition that would have existed if the project were not built. As previously stated, mitigation is limited to reasonable expenditures and practicable considerations related to highway operation. Mitigation is generally accomplished through a combination of methods designed to replace stream loss as a result of construction of the project. North Carolina Ecosystem Enhancement Program (EEP) will assume responsibility for satisfying the federal Clean Water Act compensatory mitigation requirements for NCDOT in accordance with the Memorandum of Agreement (MOA) signed July 22, 2003 by the U.S. Army Corps of Engineers (USAGE), the North Carolina Department of Environment and Natural Resources (NCDENR) and the NCDOT. Compensatory mitigation to offset unavoidable impacts to waters that are jurisdictional under the - federal Clean Water Act will be provided by the EEP. An acceptance letter dated September 20, 2005 from EEP is attached. The offsetting mitigation will derive from an inventory of assets already in existence within the same 8-digit cataloguing unit. The Department has avoided and minimized impacts to jurisdictional resources to the greatest extent possible as described above. The unavoidable permanent impacts to 0.03 acres of a jurisdictional wetland will be offset by compensatory mitigation provided by the EEP program. FEDERALLY-PROTECTED SPECIES Plants and animals with federal classifications of Endangered (E), Threatened (T), Proposed Endangered (PE), Proposed Threatened (PT), are protected under provisions of Section 7 of the Endangered Species Act of 1973, as amended. As of January 29, 2003 the United States Fish and Wildlife Service (USFWS) lists four federally protected species for Franklin County. Table 1 lists these species and their federal status. Table 1- Federall Protected S ecics in Franklin Coun NC Biological Common Namc Scientific Name Federal Status* Conclusion Elliptio steinstansana May Affect Not Tar spinymussel E Likely to Adversely Affect May Affect Not Dwarf wedgemussel Alasmidonta heterodon E Likely to Adversely Affect Michaux's sumac Rlius michauxii E No Effect * E=Endan ered and T=T hreatened A biological conclusion of "May Affect Not Likely to Adversely Affect" was given for the dwarf wedgemussel and Tar spinymussel based on a survey conducted on July 9, 2002 where potential habitat was identified, but no dwarf wedgemussels or Tar spinymussels were found (see attachment August 12, 2002). However, the North Carolina Natural Heritage Program (NCNHP) database (last updated on March 31, 2005) lists a known location of dwarf wedgemussel approximately eight river miles downstream. Concurrence has been given by the USFWS for these two species of mussels (sec attachment January 3, 2003). Apre-construction survey will be scheduled and performed 1 - 2 months prior to let by NCDOT Natural Environment Unit. A biological conclusion of "No Effect" was given for Micltaux's sumac based on survey conducted on July 1, 2004. Although suitable habitat was present within the project area, no individuals of Michaux's sumac were observed. Additionally a review of the Natural Heritage Program Page 4 B-4113 database revealed no occurrences of federally protected species within 1.0 mile of the project study area. The United States Fish and Wildlife Service has requested a moratorium on clearing and grubbing work 50 feet out from top of the stream bank between November 15 and April 1 for the Tar spinymussel and the Dwarf wedgemussel. Also, in the NRTR a statement error was made in regards to a recommended moratorium by North Carolina Division of Marine Fisheries (DMF). Fritz Rhode (DMF) was contacted on April 14, 2005 and confirmed that this project is not in his jurisdiction, therefore there is not a moratorium from DMF on in-water work. NCDOT is not proposing the moratorium for instream work due to anadromous fish that was mentioned in the PCE due to the 3 dams located below this project on the Little River: Lowell Mill, Atkinson Mill, and Mitchell Mill. Travis Wilson of NCWRC agreed as long as the dams are in place during construction. Currently, only Lowell Mill is scheduled to be removed in fall of 2006. - ~ - - - REGULATORY APPROVALS Application is hereby made for the Department of Army Section 404 . Nationwide 23 for the above-described activities and for the issuance of a Nationwide Permit 33 authorizing use of a temporary workpad in the stream for bridge construction. We are also hereby requesting a 401 Water Quality Certification and Neuse Buffer Certification from the North Carolina Division of Water Quality. We are providing seven copies of this application to the North Carolina Department of Environment and Natural Resources, Division of Water Quality, for their review. A copy of this permit application will be posted on the NCDOT Website at: http:/hvww.ncdot.or~~/do}~/preconstruct/pe/. If you have any questions or need additional information please call Ms. Deanna Riffey at (919) 715-1409. Sincerely, ~~ ~ ~.1----~ ~~, Grego J. Thorpe, Ph.D. . Environmental Management Director, PDEA W/attachment Mr. John Hennessy, NCDWQ (7 Copies) Mr. Travis Wilson, NCWRC Mr. Gary Jordan, USFWS Dr. David Chang, P.E., Hydraulics Mr. Mark Staley, Roadside Environmental Mr. Jon Nance, P.E., Division Engineer Mr. Greg Perfetti, P.E., Structure Design Mr. Chris Murray, DEO W/o attachment Mr. Jay Bennett, P.E., Roadway Design Mr. Art McMillan, P.E., Highway Design Mr. Scott McLendon, USACE, Wilmington Mr. Bill Goodwin, P.E., PDEA Ms. Beth Harmon, EEP Mr. Todd Jones, NCDOT External Audit Branch Mr. Majed Alghandour, P. E., Programming and TIP Page 5 B-4113 Office Use Only: / /Form Version March OS USACE Action ID No. DWQ No. ~ ~` `~ C~O V. 2-- (If any particular item is not applicable to tlvs project, please enter "Not Applicable" or "N/A".) I. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ® Riparian or Watershed Buffer Rules ^ Section 10 Permit ^ Isolated Wetland Permit from DWQ ® 401 Water Quality Certification ^ Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: NW 23 & 33 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ^ II. Applicant Information 1. Owner/Applicant Information Name: North Carolina Department of Transportation (NCDOT) Mailing Address: Project Development and Environmental Analysis 1598 Mail Service Center Raleigh, NC 27699-1598 Telephone Number: 919-733-3141 Fax Number: 919-733-9794 E-mail Address: Tt~horpe(a,dot.state.nc.us 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Company Affiliation: Mailing Address: Telephone Number: Fax Number: E-mail Address: Page 5 of 12 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps maybe included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Replacement of Bridge No. 15 on SR 1106 over Little River 2. T.I.P. Project Number or State Project Number (NCDOT Only): B-4113 3. Property Identification Number (Tax PIN): 4. Location County: Franklin Nearest Town: Barham Subdivision name (include phase/lot number): Directions to site (include road numbers/names, landmarks, etc.): 401 North and East on Moore's Pond Road (SR 1106) 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): 35° 58'57.92" °N 78° 25' 15.5" °W 6. Property size (acres): Total disturbance area is 0.80 ac 7. Name of nearest receiving body of water: Little River & Moore's Pond 8. River Basin: Neuse (Note -this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Project area is forested and rural. Page 6 of 12 10. Describe the overall project in detail, including the type of equipment to be used: See cover letter 11. Explain the purpose of the proposed work: Continued deterioration of Bridge No 15 and further reduction of the allowable load limits would hamper local traffic in this area if not replaced. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior se~nents of the same T.I.P. project, along with construction schedules. NW 6: Action Id: 200320267: Issued on 8/1/2005 V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: See cover letter Page 7 of 12 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. Wetland Impact Site Number (indicate on map) Type of Impact Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) Located within 100-year Floodplain (yes/no) Distance to Nearest Stream linear feet) Area of Impact (acres) 1 Permanent Herbaceous No 15 ft 0.03 Total Wetland Impact (acres) 0.03 3.. List the total acreage (estimated) of all existing wetlands on the property: 0.03 acres 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. To calculate acreage, multiply length X width, then divide by 43,560. Stream Impact Number indicate on ma Stream Name Type of Impact Perennial or Intermittent? Average Stream Width Before Im act Impact Length linear feet) Area of Impact acres 1 Little River Temp. Fill Perennial 52 ft 0.01 Total Stream Impact (by length and acreage) 0.01 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill, excavation, dredging, flooding, drainage, bulkheads, etc. Open Water Impact Site Number indicate on ma) Name of Waterbody (if applicable) Type of Impact Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc. Area of Impact acres Total Open Water Impact (acres) Page 8 of 12 6. List the cumulative impact to all Waters of the U.S. resulting from the proiect: Stream Impact (acres): 0.01 tem ) Wetland Impact (acres): 0.03 Open Water Impact (acres): Total Impact to Waters of the U.S. (acres) 0.04 Total Stream Impact (linear feet): 7. Isolated Waters Do any isolated waters exist on the property? ^ Yes ®No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. 8. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, imgation, aesthetic, trout pond, local stormwater requirement, etc.): Current land use in the vicinity of the pond: Size of watershed draining to pond: Expected pond surface area: VII. Impact Justification (Avoidance and Mininuzation) Specifically describe measures taken to avoid the proposed impacts. It maybe useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. See cover letter. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to Page 9 of 12 freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and• Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetlands/strm ~ide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. Mitigation is proposed for 0.03 acres of riverine wetland and provided by EEP 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): 0.03ac Amount ofNon-riparian wetland mitigation requested (acres):- Amount ofCoastal wetland mitigation requested (acres): Page 10 of 12 IX._ Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ® No ^ 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ® No ^ 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ® No ^ X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify Ncuse )? Ycs ® No ^ 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact s uare feet Multiplier Required Miti ation 1 8,581 3 (2 for Catawba) Exempt 2 5,401 1.5 Exempt Total 13,982 ~` Zone t extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additiona120 fcet from the edge of Zonc 1. 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 1 SA NCAC 2B .0242 or .0244, or .0260. Page 11 of 12 XI. Stormwater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ^ No Is this an after-the-fact permit application? Ycs ^ No XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ^ No If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: XV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (c.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). ~----~_ ~ApplicantlAgent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) !n zs us Page 12 of 12 ~I~~ll~Lli~ ~®~1~~TY I~~II.e~I~~ II~III~~.~ ~~~~ ~T~~®7C DIVISION OF HIGHWAYS FRANKLIN COUNTY PROJECT:3346t3.1.1 (8-4113) REPLACE BRIDGE ~ 15 OVER LITTLE RIVER ON SR 1106 (MOORES POND RDJ 4/27/05 NORTH CAROLIN^, ~ `~ ij r.i ~ ~ b~ 1. ~ ~~ V ~ ~ ,, •_.• ~ p i f r; , r - =~ SI (`~ ~~ /'p ~r / ' r~ l lI~IJ~ J \ ~1r~\tt ~' c'~ ~ S, `, 7 ~._ ~ ' /~ '~,\ ~ ! ~ ~ 1~~~~~~~ J 1 f~~ _ ~ 1 a. :- l,~~ .._~~' iii = j>,1 ~( ~o ~G~ ~ `'~ J ~~ ~-.~ ~,1~ , :; l /~ !-(~ '.~ ~ \ ti.~ {~~ ` ~,0 ~~'~ n ~ c 101 tom'} I1, %f~ `/~~1~ff yII~ \ ~ ~, ~ r~\~~~~~1 ~~'y--.=='til 1 ~~~"/,S ~~ ~~ . f /` ~, ~-, ~~~ • Li 4~ ~ ~ 4 i~ / -----L ~ - - ~t ~---~ =,r ~~: ~ " r_ ~ + 4- 1~ ,'~11 v ~ ~lf _ ~ ~, r `~~ry,~ - ~ ~~~ , ~`t`~~ (,~Jf (~~,. J _ ~ ~..~ fir- ~` : ~ ~ ~,' ry .J ,~. it Y -, n ~ _ ~, ~ ~- ~ ~ ~ ~~' ~~ C~ /~`\'`.!~"~~~j r, ~ /~ ;~, d\,lfv J:~ ~ i' ll L) j-1 ti~l~;~_~+--. =, ''F-'J ~ _ } ~., cam} .' ~S 1 ~ _~~l`~`/y ~ _~ ~./ ~ ~ _ _ --- , ~ _ - _ ~ ,( ~ ~ l ~~ /+ l /~ l it f \\~' r~/. i ^ ` ~~ ~-~-~ y,= \ _ ~ _ ~ ~~ , ~.< f ~ o '~..~ 1 I ~ ~ ( 11 , ~ ~ :.~ ~~ ~ ~~ ~r ~ ~~ f ~ ~ ~ ~~ X194 _ ~ ~ r~•/ !~ ~ ~ \ ` y^~~~~ '.._~'? .~J ~ i l .~ ~~~®~ DIVISION OF HIGHNAYS FRANKLIN COUNTY ~' ~'~°~j ~ ~ ~ PROJECT: 334G8.1.1 (B-~(113) REPLACE BRIDGE ~ 15 OVER LITTLE RIVER ON SR 1106 (MOORES POND RD) f ~ ~~~°~,Ai~~ ~.~~~i~~ I -1JLB WETLAND BOUNDARY WETLAND L ® DENOTES FILL IN WETLAND ® DENOTES FILL IN SURFACE WATER ® DENOTES FILL IN SURFACE WATER (POND) ® DENOTES TEMPORARY FILL IN WETLAND ® DENOTES EXCAVATION IN WETLAND ® DENOTES TEMPORARY FILL IN SURFACE WATER • ~ DENOTES MECHANIZED • ~ ' •' • CLEARING => -~- FLOW DIRECTION TB ~- TOP OF BANK -••• WE EDGE OF WATER _ - S- - PROP, LIMIT OF CUT - - -F -PROP. LIMIT OF FILL L:~~+ PROP. RIGHT OF WAY - - NG- - NATURAL GROUND - -P1 - PROPERTY LINE PROPOSED BRIDGE PROPOSED BOX CULVERT PROPOSED PIPE CULVERT 12'-48' (DASHED LINES DENOTE PIPES EXISTNG STRUCTURES) 54' PIPES & ABOVE SINGLE TREE .. .. .. .. WOODS LINE ~~ DRAINAGE INLET ROOTWAD RIP RAP O ADJACENT PROPERTY OWNER OR PARCEL NUMBER IF AVAILABLE V `~ PREFORMED SCOUR HOLE ~. ~ - LEVEL SPREADER (L S) -TDE- TEMP. DRAINAGE EASEMENT -PDE- PERMANENT DRAINAGE --~- ~RASS SWALE EASEMENT. - EAB- • EXIST. ENDANGERED ANIMAL BOUNDARY - EPB- • EXIST. ENDANGERED PLANT BOUNDARY - -~ - - - WATER SURFACE XX XXX X X LIVE STAKES BOULDER - - - COIR FIBER ROLLS ~'l.~ DIVISION OF HIGHWAYS FRANKLIN COUNTY PROJECT:33~IG8.1.1 (B-113) REPLACE BRIDGE ~ 15 OVER LITTLE RIVER UN SR llco (N:aoRi;S PJND RDJ SHEET OF ~1 ~ 27 / 05 0 .. ~ ~ n o ~ = z z ~Q ~ N v ~ ~ o N ~ 3 v __ $; ~ D V 4 ~ n N V '~'1 0o y a~ 1 ~ O~ ~~ yb ~~ f O ~E~ q ~ ~ ~,.\ 1 , \ \b~ 1 sf 1 /SSC 1 i Sg 1 1 1~ 11 11 \ 1j \ 11 \ 11 1 ~ ~~ ~ ~ ~ ~ !~ ~©9 f ~ ` '~ A p S 27 / ~ P~ (~ ,/ ~~~ ~y ~~9 ~ f b ~~ ~ ~ /`L~ < ~ \ ~ ~ 1 ~~ b .~ ~e~ ~ ~~. X ~ ~~\ ~ ~~~ ~; at x MN ~:. .~ .~ ~~ + .~ ~~ \\ ~~ ~~ .~ \ ~~ .~ \ ~~ ~~ a ~ X~ ~ ~ ~r ~~ w ~~ ~~ 1 i~ 1 .1 yes ~ ~ 1 ~?o ~~ ~ ~ o •. ~~ o~ 0 o' S~~ ~ of 7_ / Sn O .. QAW $7aoon Oyf/// / 'i O~ / w :D ~ o ` ,- _~ -- ,~~. .~ i~ ~~~ ~~ ~ ~ y~ ~ # N~ O n_ * 1 ~ ~ s ~~n ~~ ~ ~ i ~Yaa?p~ ,>. v~Z ~ . 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E~ ~ Uf7(E RF'!R ~ ~ .. Q,,AJ SJ+70M Q/ Q ~2 ~ I 1 ~ '~''Z;iY- ~ ~~ ~ i ~; ~ M,Q SI {~ ,`' o ~ o ~ or/ a ° ° ~ ~ ~,~`' r 1 ~ ~ • ~o . ,' ~~ . I ~' ~` ~, - ,~ i ~ ~ 1 ; ,~ ~ ~ NC p m 11 ~ 1 1 .. ~ i ~ O t77~ n ~ I ~ I 1 i3pd%-~ '~ ~~Z 1 1 ~ N_ m ~ / ~ ~ /~. .. n~~ i i 3~,~p i •• '~ sooow m~0 SQpp~ O ~ t/~~F W 7 ~¢~ U ~ , .~~~ ~~ ~ ~ ro 6 ~ ~~ -'< y 4 ~ ~ ti ~ ~ Z~ 8~ "° O ~~ ~~ ~ u ~ "' ~ . ~~®~~~~ 11 ~ ~'~Y ~~~~ NAMES AND ADDRESSES PARCCL N®. NAMES ADDRESSES O Sumner Construction, Inc. P.O. Box 1011 Youngsville, NC 27596 ® Edgar Stallings, Sr. 7378 Moores Pond Road ll 6 Youngsvi e, NC 2759 O Maltonia Fishing Club 311 Carrington Drive {Cnightdale, NC 27545 ® Doris P. Barham 11920 Louisbur Rd. Wake Forest, N9C. 27857 1565 Moores Pond Road © John W. Elliott, Sr. ill Y NC 27596 oungsv e, z o N 0 C7 n ~ .-~ ~ v ,.~ + ~ Q ' Cl ~ . z' z~ x ~~ ~~ o.~ ~-x ~~ ww z~ O p :am ~-z x~ d ~ ~ U ! 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O jN ` '~ W r ~\ ~ ~ ° '0 ~ u 11 ~q3 ~/ is6 r s L ~ " _ \~ sy~ ~„ah°~s j \ ~6p•pyc d-Fp.-Eff49\ o.~`~~~ivnd N y ~~ o O~ y wq I ~ qi ~ ~~ •~ a .~ ~~~ a~ ~ ~~xw~ ~: N ~i ~~ .s-~ r ~; ~ "~ i i ----- - - - I r~ s _: ~~ ~s .~ -,~jC~ S~C~11 PROGRAM September 20, 2005 Mr. Eric Alsmeyer US Army Corps of Engineers Raleigh Regulatory Field Office 6508 Falls of the Neuse Road, Suite 120 Raleigh, North Carolina 27615 Dear Mr. Alsmeyer: Subject: EEP Mitigation Acceptance Letter: 5EP 23 2005 DIV1S~"1 C~ Nr3>i'r~`AYS PQEA-0r'F1CE Gl: NAPJRAl. EIiYiRONL'E~f T B-4113, Bridge 15 over the Little River on SR 1106, Franklin County; Neuse River Basin (Cataloging Unit 03020201); Central Piedmont (CP) Eco-Region The purpose of this letter is to notify you that the Ecosystem Enhancement Program (EEP) will provide the mitigation for the 0.03 acre of unavoidable riverine wetland impact associated with the above referenced project. The subject TIP project is listed in Exhibit 2 of the Memorandum of Agreement (Tri-Party MOA) between the North Carolina Department of Environment and Natural Resources, the North Carolina Department of Transportation, and the U. S. Army Corps of Engineers, Wilmington District dated July 22, 2003. The EEP will commit to provide appropriate compensatory riverine wetland mitigation up to a 2:1 ratio in Cataloging Unit 03020201 of the Neuse River Basin to offset the impacts associated with this project by the end of the MOA year in which this project is permitted, in accordance with Section X of the Tri-Party MOA. Mitigation sites currently containing surplus mitigation assets consists of, but not inclusive of, the Wiggins Mill, Speight Branch and Cox mitigation sites, and Neu-Con Mitigation Bank. If you have any questions or need additional information, please contact Ms. Beth Harmon at (919) 715-1929. Sincerely, ~• Wil yam D. Gilmore, P.E. EEP Director cc: Mr. Greg Thorpe, Ph.D., NCDOT-PDEA Mr. John Hennessy, Division of Water Quality, Wetlands/401 Unit File: B-4113 7. _ ' ~ , ~ ~ ~ , c:. P:CDENR J North farnlina Frncvctam Fnhanramant Prnaram 16S) Mail fPrvira fantar Ralaiah Nf )7699-165] / 914-715-0476 / www nraan oat United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Field OtTice Post Office t3ox 33726 Raleigh, North Carolina 27636.3726 January 3, 2003 Ms. Karen Capps North Carolina Department of Transportation Project Development and Environmental Analysis 1548 Mail Service Center - Raleigh, North Carolina 27699-1548 Dear Ms. Capps: This letter is in response to your letter of December 19, 2002, which provided the U.S. Fish and Wildlife Service (Service) with the biological conclusion of the North Carolina Department of Transportation (NCDOT) that the replacement of Bridge No. 15 on SR 1106 over Little River in Franklin County (TIP No. B-4113) is not likely to adversely affect the federally-endangered dwarf wedge mussel (Alasmidonta heterodon) and the Tar spinymussel (Elliptio steinsttvisanu). These comments are provided in accordance with section 7 of the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. 1531-1543). According to the information you submitted, a mussel survey was conducted at the project site on July 9, 2002. The survey extended 250 feet upstream and 200 feet downstream of SR 1106. Neither of the federally listed species was found within the surveyed area. However, the dwarf wedge mussel has been found approximately eight miles downstream in the Little River at the SR 2308 crossing. several environmental commitments are listed in an August 12, 2002, memo, from Jeffrey Burleson to Bill Goodwin, which is attached to your letter. Based on the mussel survey results, assuming that the channel will be completely spanned, and provided that the NCDOT adheres to the stated environmental commitments, the Service concurs with the conclusion that the proposed bridge replacement is not likely to adversely affect the dwarf wedge mussel and Tar spinymussel. We believe that the requirements of section 7 (a)(2) of the ESA 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 in this review; (2) this action is subsequently modified in a manner that was not considered in this review; or (3) a new species is listed or critical habitat determined that may be affected by this identified action. For future aquatic surveys, the Service asks that each survey be conducted a minimum of 400 meters downstream and 100 meters upstream of the project's work limits, with the exception of areas with the obvious lack of habitat. The Service appreciates the opportunity to review this project. If you have any questions regarding our response, please contact Mr. Gary Jordan at (919) 856-4520 (Ext. 32). Sincerely, Garland B. Pardue, Ph.D. Ecological Services Supervisor cc: Eric Alsmeyer, USACE, Raleigh, NC John Hennessy, NCDWQ, Raleigh, NC David Cox, NCWRC, Northside, NC Chris Militscher, USEPA, Raleigh, NC D~~~~ ~.. ~ ~.~ ~~t ~r~s ~' '~° .~ .,~~~,. STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Michael Easley GOVERNOR P.O. BOX 25201, RALEIGH, N.C. 27611-5201 Lyndo Tippett SECRETARY August 12, 2002 MEMORANDUM TO: FROM: Bill Goodwin, Unit Head Project Planning Engineering Unit Jeffrey Burleson, Environmental Biologist Office of the Natural Environment SUBJECT: Protected species survey report for the Tar spinymussel (Elliptio steinstansana) and dwarf wedgemussel (Alasmidonta heterodon) for replacement of Bridge No. 15 on SR 1106 over the Little River; Franklin County: Federal Aid Project No. BRZ-1106(3), State Project No. 8.2360701; TIP Project No. B-4113. ATTENTION: Karen Capps, Project Planning Engineer Project Planning Engineering Unit The following memorandum addresses the Tar spinymussel (Elliptio steinstansana) and dwarf wedgemussel (Alasmido~tta heterodon), federally protected species listed by the US Fish and Wildlife Service for Franklin County. Potential habitat was identified in the Little River for these mussels. A mussel survey was conducted on July 9, 2002 by NCDOT biologists, Jeffrey Burleson and Tim Howell. The Little River at the SR 1106 crossing is 3-4 feet deep, ponded, and dingy. The channel was approximately 11 meters wide with unconsolidated sediment substrate. During the 1.0 man-hour mussel survey, thirty minutes of SCUBA and thirty minutes of tactile search methods were used. After an extensive search (from 200 feet below bridge to 250 feet above bridge to dam), three live mussel specimens were found, including one eastern floater (Pyganadon cataracta) and two pond papershells (Utterbackia imbecillis). Several remnant shells of these two species were also found. BIOLOGICAL CONCLUSION: not likely to adversely affect Given the survey results, it is apparent that neither dwarf wedgemussel nor Tar spinymussel occur in the project footprint. However, the North Carolina Natural Heritage Program lists a known location of dwarf wedgemussel approximately eight "river miles" downstream in the Little River at the-SR 2308 crossing. There is not an impounded reach of the Little River between the subject project and the SR 2308 crossing; therefore, dwarf wedgemussels may occur downstream within the vicinity of the project crossing. Project activities could potentially alter downstream habitat and promote "take" of freshwater mussels; thus, precautions must be taken to prevent harm to downstream populations of dwarf wedgemussels. Judith Johnson, with the NC Wildlife Resources Commission, concurred with the "not likely to adversely affect"conclusion on July 30, 2002 as long as the following conditions are adhered to by the contractor (per a-mail, July 30 ,2002). These conditions should be followed in order to protect downstream populations of dwarf wedgemussel on the Little River and its tributaries. As long as the conditions are followed, it can be corxcluded that project construction is "not likely to adversely affect" these species. Environmental Conditions: 1. There will be a moratorium on clearing and grubbing-no work between November 15 and April 1 2. Weep holes shall be configured so that the run-off does not fall into the stream. 3. NCDOT resident engineer is responsible or providing a written invitation to the North Carolina Wildlife Resources Commission, Nongame and Protected Species Branch, and the US Fish and Wildlife Service prior to construction. 4. The erosion control plans for Protected Aquatic Species must be used. These plans include the following requirements: o Sediment and Erosion controls must be in place prior to land clearing activities. No sediment from either, bridge demolition or construction activities, shall be allowed to enter the flowing stream. • "Environmentally Sensitive Areas" will be defined on the plans, which consist of a 50- foot buffer zone on both sides of the stream. • The Contractor may perform clearing operations, but not grubbing operations in the "Environmentally Sensitive Areas", until immediately prior to beginning grading operations. o Once grading operations begin in "Environmentally Sensitive Areas", 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. • Stage seeding will be performed on cut and fill slopes as grading progresses. cc: Rachelle Beauregard, Environmental Specialist File: B-4113 CATEGORICAL EXCLUSION ACTION CLASSIFICATION FORM TIP Project No. B-4113 State Project No. 8.2360701 WBS # 33468.1.1 Federal Project No. BRZ-1106(3) A. B. C. Proiect Description: This project proposes to replace Bridge No. 15 on SR 1106 over Little River in Franklin County. The bridge will be replaced with an 80-foot long bridge in approximately the same location and roadway elevation as the existing bridge. The cross section of the new bridge will include two 12-foot lanes with 3-foot offsets. Approach work will consist of resurfacing and tying into the existing alignment for approximately 500 feet on either side of the new bridge. Guardrail will be installed where warranted. Traffic will be detoured along surrounding roads during construction. Purpose and Need: Bridge No. 15 has a sufficiency rating of 45.6 out of a possible 100. The bridge is posted at 12 tons for single vehicles and 17 tons TTST's and is therefore structurally deficient. With a current ADT of 1000 vpd and a projected ADT in 2025 of 2000 vpd, the transportation needs of the area would be best served by replacing the bridge. Proposed Improvements: The following Type II improvements which apply to the project are circled: 1. Modernization of a highway by resurfacing, restoration, rehabilitation, reconstruction, adding shoulders, or adding auxiliary lanes (e.g., parking, weaving, turning, climbing). a. Restoring, Resurfacing, Rehabilitating, and Reconstructing pavement (3R and 4R improvements) b. Widening roadway and shoulders without adding through lanes c. Modernizing gore treatments d. Constructing lane improvements (merge, auxiliary, and turn lanes) e. Adding shoulder drains f. Replacing and rehabilitating culverts, inlets, and drainage pipes, including safety treatments g. Providing driveway pipes h. Performing minor bridge widening (less than one through lane) i. Slide Stabilization j. Structural BMP's for water quality improvement 2. Highway safety or traffic operations improvement projects including the installation of ramp metering control devices and lighting. a. Installing ramp metering devices b. Installing lights c. Adding or upgrading guardrail d. Installing safety barriers including Jersey type barriers and pier protection e. Installing or replacing impact attenuators f. Upgrading medians including adding or upgrading median barriers g. Improving intersections including relocation and/or realignment h. Making minor roadway realignment i. Channelizing traffic j. Performing clear zone safety improvements including removing hazards and flattemng slopes k. Implementing traffic aid systems, signals, and motorist aid 1. Installing bridge safety hardware including bridge rail retrofit O3. Bridge rehabilitation, reconstruction, or replacement or the construction of grade separation to replace existing at-grade railroad crossings. a. Rehabilitating, reconstn~cting, or replacing bridge approach slabs b. Rehabilitating or replacing bridge decks c. Rehabilitating bridges including painting (no red lead paint), scour repair, fender systems, and minor structural improvements O Replacing a bridge (structure and/or fill) 4. Transportation corridor fringe parking facilities. 5. Construction of new truck weigh stations or rest areas. 6. Approvals for disposal of excess right-of--way or for joint or limited use of right- of-way, where the proposed use does not have significant adverse impacts. 7. Approvals for changes in access control. 8. Construction of new bus storage and maintenance facilities in areas used predominantly for industrial or transportation purposes where such construction is not inconsistent•with existing zoning and located on or near a street with adequate capacity to handle anticipated bus and support vehicle traffic. 9. Rehabilitation or reconstruction of existing rail and bus buildings and ancillary facilities where only minor amounts of additional land are required and there is not a substantial increase in the number of users. 10. Construction of bus transfer facilities (an open area consisting of passenger shelters, boazding areas, kiosks and related street improvements) when located in a commercial azea or other high activity center in which there is adequate street capacity for projected bus traffic. 11. Construction of rail storage and maintenance facilities in areas used predominantly for industrial or transportation purposes where such construction is not inconsistent with existing zoning and where there is no significant noise impact on the surrounding community. 12. Acquisition of land for hazdship or protective purposes, advance land acquisition loans under section 3(b) of the UMT Act. Hardship and protective buying will be permitted only for a particular parcel or a limited number of parcels. These types of land acquisition qualify for a CE~only where the acquisition will not limit the evaluation of alternatives, including shifts in alignment for planned construction 2 projects, which may be required in the NEPA process. No project development on such land may proceed until the NEPA process has been completed. 13. Acquisition and construction of wetland, stream and endangered species mitigation sites. 14. Remedial activities involving the removal, treatment or monitoring of soil or groundwater contamination pursuant to state or federal remediation guidelines. D. Special Project Information: Estimated Costs: Total Construction $ 625,000 Right of Way $ 74,500 Total $ 700,000 Estimated Traffic: Current - 1000 vph Year 2025 - 2000 vph TTST -1% Dual - 2% Detour Length: 2.9 miles (4.7 km) Proposed Approach Roadway Typical Section: The existing approach roadways will be widened to two 12-foot lanes with six-foot grass shoulders. The shoulders will be widened to nine feet where guardrail is required. Design Speed: 60 mph (96.6 kmh) Tunctional Classification: Rural Local Route Division Office Comments: Division Five Construction Office concurs with replacing the existing bridge in the existing location and maintaining traffic with an offsite detour. Bridge Demolition: Bridge No. 15 is composed of timber flooring on steel I-beams, timber bulkheads, caps, and piles. Therefore, there is no resulting temporary fill associated with Bridge No. 15. 3 Alternatives Eliminated from Further Study: The "no-build" alternative is not feasible. Continued deterioration of the bridge and further reduction of the allowable load limits would hamper local traffic in this area. Eventually, the bridge would have to be closed. This is not acceptable due to the amount of traffic that is served bythe bridge. Rehabilitation of the existing structure is not feasible due to the existing timber substructure. The use of a temporary, on-site detour is not practical at this location. The onsite detour would be more costly and increase the environmental impacts on the project. The estimated time of delay to local citizens is two minutes, which is in the acceptable range outlined in the "Draft NCDOT Guidelines for Evaluation of Offiste Detours." 4 E. Threshold Criteria The following evaluation of threshold criteria must be completed for Type II actions ECOLOGICAL YES NO (1) Will the project have a substantial impact on any unique or important natwal resowce? ^ X (2) Does the project involve habitat where federally listed endangered or threatened species may occur? X (3) Will the project affect anadromous fish? ^ X (4) If the project involves wetlands, is the amount of permanent and/or temporary wetland taking less than one-tenth (1/10) of an acre and have all practicable measwes to avoid and minimize wetland takings been evaluated? ^ 3{ (5) Will the project require the use of U. S. Forest Service lands? ^ X (6) Will the quality of adjacent water resowces be adversely impacted by proposed construction activities? X (7) Does the project involve waters classified as Outstanding Water Resources (OWR) and/or High Quality Waters (HQW)? ^ X (8) Will the project require fill in waters of the United States in any of the designated mountain trout counties? ~ X (9) Does the project involve any known underground storage tanks (UST's) or hazardous materials sites? X PERMITS AND COORDINATION YES NO (10) If the project is located within a CAMA county, will the project significantly affect the coastal zone and/or any "Area of Environmental Concern" (AEC)? ~ X (11) Does the project involve Coastal Barrier Resowces Act ^ resowces? X (12) Will a U. S. Coast Guard permit be required? X 5 (13) Will the project result in the modification of any existing ^ regulatory floodway? X (14) Will the project require any stream relocations or channel changes? X SOCIAL, ECONOMIC, AND CULTURAL RESOURCES YES NO (15) Will the project induce substantial impacts to planned growth or land use for the area? X (16) Will the project require the relocation of any family or business? X (17) Will the project have a disproportionately high and adverse human health and environmental effect on any minority ^ or low-income population? X (18) If the project involves the acquisition of right of way, is the amount of right of way acquisition considered minor? X (19) Will the project involve any changes in access control? ^ X (20) Will the project substantially alter the usefulness and/or land use of adjacent property? ^ X (21) Will the project have an adverse effect on permanent local traffic patterns or community cohesiveness? ~ X (22) Is the project included in an approved thoroughfaze plan and/or Transportation Improvement Program (and is, therefore, in conformance with the Clean Air Act of 1990)? ^ X (23) Is the project anticipated to cause an increase in traffic volumes? ^ X (24) Will traffic be maintained during construction using existing ^ roads, staged construction, or on-site detours? X (25) If the project is a bridge replacement project, will the bridge be replaced at its existing location (along the existing facility) and will all construction proposed in association with the bridge replacement project be contained on the existing facility? X (26) Is there substantial controversy on social, economic, or environmental grounds concerning the project? X 6 (27) Is the project consistent with all Federal, State, and local laws relating to the environmental aspects of the project? X (28) Will the project have an "effect" on structures/properties eligible for or listed on the National Register of Historic Places? ^ X (29) Will the project affect any archaeological remains, which are important to history orpre-history? X (30) Will the project require the use of Section 4(f) resources (public parks, recreation lands, wildlife and waterfowl refuges, historic sites, or historic bridges, as defined in Section 4(f) of the U. S. Department of Transportation Act of 1966)? X (31) Will the project result in any conversion of assisted public recreation sites or facilities to non-recreation uses, as defined by Section 6(f) of the Land and Water Conservation Act of 1965, as amended? X (32) Will the project involve construction in, across, or adjacent to a river designated as a component of or proposed for inclusion in the Natural System of Wild and Scenic Rivers? X F. Additional Documentation Required for Unfavorable Rcsnonses in Part E (Discussion regarding all unfavorable responses in Part E s ou a prove a elow. Additional supporting documentation may be attached, as necessary.) 2. On July 9, 2002, a mussel survey was conducted by NCDOT biologists, Jeffery Burleson and Tim Howell. A biological conclusion of "not likely to adversely affect" was rendered. Judith Johnson, NCWRC, and~Gary Jordan, USFWS, concur with the "not likely to adversely affect" conclusion provided certain environmental commitments are adhered to. These commitments are outlined in the memo from Jeffrey Burleson to Bill Goodwin, dated August 12, 2002 and attached to this document. The environmental commitments have been added to the Project Commitments. 3. The North Carolina Wildlife Resources Commission stated that the Little River has the potential for supporting anadromous fish. Therefore, an in stream moratorium will be required from February 15 to June 15. The "Stream Crossing Guidelines for Anadromous Fish Passage" must also be adhered to during construction. 7. NCDOT has investigated avoiding and minimizing impacts to the High Quality Water resource associated with the proposed project. The resource cannot be totally avoided because the project is a bridge replacement. However,'the project proposes to minimize impacts by replacing the bridge in approximately the same location and using anoff-site detour to maintain traffic. The proposed bridge will be lengthened to avoid and minimize impacts to the riparian buffer zone. High Quality Sedimentation and Erosion Control measures will be required on this 7 project. The Neuse River Riparian Buffer Rules will be adhered to throughout design and construction. G. CE Approval TIP Project No. State Project No Federal-Aid Project No Project Description: B-4113 8.2360701 WBS # 33468.1.1 BIZZ-1106(3) This project proposes to replace Bridge No. 15 on SR 1106 over Little River in Franklin County. The bridge will be replaced with an 80-foot long bridge in approximately the same location and roadway elevation as the existing bridge. The cross section of the new bridge will include two 12-foot lanes with 3-foot offsets. Approach work will consist of resurfacing and tying into the existing alignment for approximately 500 feet on either side of the new bridge. Guardrail will be installed where warranted. Traffic will be detoured along surrounding roads during construction. Categorical Exclusion Action Classification: TYPE II(A) X TYPE II(B) Approved: off. ~ d Dat Assistant Branch Manager Project Development & Environmental Analysis Branch ~ d~ ate Project Planning Unit Head 2 /2 s/o9 Date ect Development engineer ect Development & Environmental Analysis Branch For Type II(B) projects only: a aG a ate ~yFederal Highway Administration 9 Project Development & Environmental Analysis Branch Project ~Commitment~ Replacement of Bridge No. 15 on SR 1106 Over Little River Franklin County F. A. Project No. BRZ-1106(3) State Project No. 8.2360701 T.I.P. No. B-4113 Roadway Design Unit, Structure Design Uiiit, Roadside Enviro~tntental, Division S, Project Development and Enrvironmental Analysis Branch Little River is within the Neuse River basin. Therefore, the Neuse River Riparian Buffer Rules will be adhered to during the final design phase and throughout the construction of the project. Roadway Design Unit, Project Developnent attd Environmental Analysis Branclr, Division S, Roadside Environmer:tal Unit, Structure Design Unit, Hydraulics U~rit There will be a moratorium on clearing and grubbing between November 15 and April 1. There will be a moratorium on in-stream work from February 15 to June 15 to avoid adverse effects on migratory fish. Weep holes shall be configured so that~the run-off does not fall into the stream. The NCDOT resident engineer is responsible for providing a written invitation to the North Carolina Wildlife Resources Commission, Nongame and Protected Species Branch and the US Fish and Wildlife Service prior to construction to allow for mussel surveys. The erosion control plans for Protected Aquatic Species must be used as well as High Quality Sedimentation and Erosion controls required for high quality water resources. The two guidelines shall be coordinated so that the stricter sedimentation and erosion controls are designated. Green Sheet Sheet 1/1 Programmatic Categorical Exclusion ~ ' . PDEA February 2004 ~ ~i ` / 139 '~~ I ~~ i •• _ ' . •~~•~ ~ ~~ ~.!._ ` ~ •~ ..-• - ~_ ~ X39 40 ~.' ~ • .~ ~ 28 ~. _ 42 ~ ~ ~ i ~~ i ~i ~ ~ ~ ~ / ~ ~ 1s~ ~ J214 ,,_ . 1 •~ ' _ J~ 1 1 ~4 Ji ~ 1 •` ~ • I ~ ~ •' ~ •~' i' ~. ~ Jt~ _ ' : ~ ~ ~ 35 ]2~J ~ ~ ~~ , ~ i ' _= " ~,,,~,~ J~ i _;, t i , •-, gar. tJ~ .-.~ •~ . i' ~,•~ / ~ . ~ V L~"3 23 ~ j,_, .e f'" 13 11r7 . .~ ' 1Qwr \ . , ~ • 1~1 O ~ ,, ~ sJ.u ! "-•~ _~• 21~ 1 15 ,~ 101 ,/ y / • ~~ .,~ J ~ , , i 43~ • ~~ .-a ~u~~~ P155 ~^ ~ ~ :~ ' • J ~ '~• ~ ' 8 . i ~' .+,o..t.. 95 ~~ rt,.~. ~. ~~ z~--' ~~• ~ ~ ~ C163 _ ~ , .. •~ t 1 '°~ ,~/~ ~l STun1ED DE'CbuR ~d "D~TM ~ NORTH CAROLINA DEPARTMENT OF f ~ TRANSPORTATION DIVISION OF HIGIiWAYS ~J a,nt. , PROJECT DEVELOPMENT & ENVIItoNMEN'TAL ANALYSts BRANCII FItANKLIIY COUNTY REPLACE BRIDGE No.15 ON SR 1106 OVER LITTLE RIVER B-4113 Figure 1 '~ M - 154. y ..y des- ~O~ ,z,. X '~ t#~ .~ ~~~, North Carolina Department of Cultural Resources State fistoric Preservation Office David L S. Drook, Administrator Michael F. Easley, Governor Lisbeth C. Evans, Secretary lcflrcy J. Crow, Deputy Secretary Ottice of Archives and History March 22, 2002 L .. A1EAfORANDUI\i !?'~'' ~ `' TO: William D. Gilmore, Afanager Project Development and Environmental Analysis Branch Division of Highways Department of TransportGati~on., _,p ,{ ~ ~~ ~~ FROA1: David Brook 4Z~ I~~L~-tl~ f~Z~K- SUBJECT: replace Bridge No. 15 and SR 1106 over Little River, B-4113, Franklin County, ER 02-8594 Thank ~•ou for }'our memorandum of September 25, 2001, concerning the above project. !T' C^"' Division of Historical Resources David J. Olson, Director There are no known archaeological sites within the project area. Based on our knowledge of the area, it is unlikely that any archaeological resources that may be eligible for conclusion in the National Register of Historic Places will be affected by the project. We, therefore, recommend that no archaeological investigation be conducted in connection with this project. Because the Department of Transportation is in the process of surveying and evaluating the National Register eligibility of all of its concrete bridges, we are unable to comment on the National Register eligibility of the subject bridge. Please contact Mary Pope Furr, in the Architectural History Section, to determine if further study of the bridge is needed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 296 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill-Earley, environmentzl review coordinator, at 919/72929-47629. In all future communication concerning this project, please cite the above-referenced tracking number. DB:kgc Location pfailing Address Administration 507 N. Dlount St, Raleigh, NC 4617 Mail Service Center, Raleigh 27699-3617 Restoration 515 N. Dlount St, Raleigh , NC 4613 Mail Service Crnter, Raleigh 27699-4613 Survey & Planning 515 N. Dlount St, Raleigh, NC 4618 Mail Service Crntcr. Raleigh 27699-4618 Tclcphone/Fa: (919) 733763.733-8653 (919)733-6547.715-4801 (919) 733-4763.7153801 efSW(°~ y r ~. "~7 3 ti~~~~ •` 4w.+S• STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Michael Easley GOVERNOR P.O. BOX 25201, RALEIGH, N.C. 27611-5201 Lyndo Tippett SECRETARY August 12, 2002 MEMORANDUM TO: FROM: Bill Goodwin, Unit Head Project Planning Engineering Unit Jeffrey Burleson, Environmental Biologist Office of the Natural Environment SUBJECT: Protected species survey report for the Tar spinymussel (Elliptio steinstansana) and dwarf wedgemussel (Alasmidonta heterodon) for replacement of Bridge No. 15 on SR 1106 over the Little River; Franklin County: Federal Aid Project No. BRZ-1106(3), State Project No. 8.2360701; TIP Project No. B-4113. ATTENTION: Karen Capps, Project Planning Engineer Project Planning Engineering Unit The following memorandum addresses the Tar spinymussel (Elliptio steinstansana) and dwarf wedgemussel (Alasmidonta heterodon), federally protected species listed by the US Fish and Wildlife Service for Franklin County. Potential habitat was identified in the Little River for these mussels. A mussel survey was conducted on July 9, 2002 by NCDOT biologists, Jeffrey Burleson and Tim Howell. The Little River at the SR 1106 crossing is 3-4 feet deep, ponded, and dingy. The channel was approximately 11 meters wide with unconsolidated sediment substrate. During the 1.0 man-hour mussel survey, thirty minutes of SCUBA and thirty minutes of tactile search methods were used. After an extensive search (from 200 feet below bridge to 250 feet above bridge to dam), three live mussel specimens were found, including one eastern floater (Pygariadon cataracts) and two pond papershells (Utterbackia imbecillis). Several remnant shells of these two species were also found. BIOLOGICAL CONCLUSION: not likely to adversely affect Given the survey results, it is apparent that neither dwarf wedgemussel nor Tar spinymussel occur in the project footprint. However, the North Carolina Natural Heritage Program lists a known location of dwarf wedgemussel approximately eight "river miles" downstream in the Little River at the ~R 2308 crossing. There is not an impounded reach of the Little River between the subject project and the SR 2308 crossing; therefore, dwarf wedgemussels may occur downstream within the vicinity of the project crossing. Project activities could potentially alter downstream habitat and promote "take" of freshwater mussels; thus, precautions must be taken to prevent harm to downstream populations of dwarf ' wedgemussels. Judith Johnson, with the NC Wildlife Resources Commission, concurred with the "not .likely to adversely affect" conclusion on July 30, 2002 as long as the following conditions are adhered to by the contractor (per a-mail, July 30 ,2002). These conditions should be followed in order to protect downstream populations of dwarf wedgemussel on the Little River and its tributaries. As long as the conditions are followed, it can be concluded that project construction is "not likely to adversely affect" these species. Environmental Conditions: 1. There will be a moratorium on clearing and grubbing-no work between November 15 and April 1 . 2. Weep holes shall be configured so that the run-off does not fall into the stream. 3. NCDOT resident engineer is responsible or providing a written invitation to the North Carolina Wildlife Resources Commission, Nongame and Protected Species Branch, and the US Fish and Wildlife Service prior to construction. 4. The erosion control plans for Protected Aquatic Species must be used. These plans include the following requirements: • Sediment and Erosion controls must be in place prior to land clearing activities. No sediment from either, bridge demolition or construction activities, shall be allowed to enter the flowing stream. v "Environmentally Sensitive Areas" will be defined on the plans, which consist of a 50- foot buffer zone on both sides of the stream. ~ The Contractor may perform clearing operations, but not grubbing operations in the "Environmentally Sensitive Areas", until immediately prior to beginning grading operations. • Once grading operations begin in "Environmentally Sensitive Areas", as specified on the plans, work will progress in a continuous manner until complete. o Seeding and mulching will be performed immediately following final grade establishment. ® Stage seeding will be performed on cut and fill slopes as grading progresses. cc: Rachelle Beauregard, Environmental Specialist File: B-4113 United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Field O(rcc Post O[Gcc IIoz 33726 Raleigh. Noah Carolina 27636ST26 January 3, 2003 Ms. Karen Capps North Carolina Department of Transportation Project Development and Environmental Analysis 1548 Mail Service Center Raleigh, North Carolina 27699-1548 ~. Dear Ms. Capps: This letter is in response to your letter of December 19, 2002, which provided the U.S. Fish and Wildlife Service (Service) with the biological conclusion of the North Carolina Department of Transportation (NCDOT) that the replacement of Bridge No. 15 on SR 1106 over Little River in Franklin County (TIP No. B-4113) is not likely to adversely affect the federally-endangered dwarf wedge mussel (Alasmido~tta heterodon) and the Tar spinymussel (Elliptio steinstansana). These comments are provided in accordance with section 7 of the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. 1531-1543). According to the information you submitted,.a mussel survey was conducted at the project site on July 9, 2002. The survey extended 250 feet upstream and 200 feet downstream of SR 1106. Neither of the federally listed species was found within the surveyed area. However, the dwarf wedge mussel has been found approximately eight miles downstream in the Little River at the SR 2308 crossing. Several environmental commitments are listed in an August 12, 2002, memo, from Jeffrey Burleson to Bill Goodwin, which is attached to your letter. Based on the mussel survey results, assuming that the channel will be completely spanned, and provided that the NCDOT adheres to the stated environmental commitments, the Service concurs with the conclusion that the proposed bridge replacement is not likely to adversely affect the dwarf wedge mussel and Tar spinymussel. We believe that the requirements of section 7 (a)(2) df the ESA 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 in this review; (2) this action is subsequently modified in a manner that was not considered in this review; or.(3) a new species is listed or critical habitat determined that may be affected by this identified action. +r: . For future aquatic surveys, the Service asks that each survey be conducted a minimum of 400 meters downstream and 100 meters upstream of the project's work limits, with the exception of -- areas with the obvious lack of habitat. The Service appreciates the opportunity to review this project. If you have any questions regarding our response, please contact Mr. Gary Jordan at (919) 856-4520 (Ext. 32). Sincerely, Garland B. Pardue, Ph.D. Ecological Services Supervisor cc: Eric Alsmeyer, USACE, Raleigh, NC John Hennessy, NCDWQ, Raleigh, NC David Cox, NCWRC, Northside, NC Chris Militscher, USEPA, Raleigh, NC 2 . ~ ..~~o ~?"d " ~~. ~~~ ~,~~~..~ STATE OF NORTH CAROLINA ~~ ~~ /G~ o~ ~t~°r /~ ~~O ~~~ ~~ ~ ~~ DEPARTMENT OF TRANSPORTATION sr°'~^~°~9~, ~`~ G 9TF~~ MICHAEL F. EASLEY DAVID IV~(.Y GOVERNOR SECRETARY June 14, 2005 U.S. Army Corp of Engineers Regulatory Field Office 6508 Falls of the Neuse Road ('~ ~ `, Q ~ Q Suite 120 U Raleigh, NC 2761 ~ ATTN: Mr. Eric Alsmeycr NCDOT Coordinator Subject: Nationwide 6 Permit Application for the Replacement of Bridge No. 15 on SR 1106 over the Little River in Franklin County. State Project No. 8.2360707, Federal Aid Project No. BRZ-1106 (3), WBS Element 33468.1.1, Division 5, TIP No. B-4113. Dear Sir: The North Carolina Department of Transportation (NCDOT) plans to replace Bridge No.15 in Franklin County. The NCDOT proposes to conduct a geotecluucal investigation prior to construction of new bridge. The bridge crosses Little River just cast of Moores Pond Dam and northeast of junction NC 98 and NC 96. Construction of the replacement for Bridge No.15 is scheduled to begin in February of 2006. Apre-construction notification form and permit drawings are attached for your review. Within the project area, the classification of Little River is "WS-II HQW NSW" according to the North Carolina Division of Water Quality (DWQ). Tlie Little River is located within the Neuse River Basin (sub-basin 03-04-06) within HUC 03020101. Little River is the only water resource in the project area and is a perennial, piedmont stream with very low flow over a silty and muddy substrate with an approximate width of 52 feet. The proposed structure is to be constructed in approximately the same location as the existing bridge. Geotechnical investigations will necessitate up to 6 borings, two of which will be in Little River. The 2 borings that will be in Little River will be drilled through the deck of the existing bridge (see attached letter dated April 11, 2005). The temporary fill impacts in surface waters that may occur for these two borings arc 4 ft2 each for a total disturbance area of 8 ft2. The remaining 4 borings will be located within the Neuse Buffer area. The temporary buffer impacts that may occur from these four borings total 16 ft2. Scientific investigations, such as geoteclmical borings, for bridge projects within the Neuse Buffer Basin are considered exempt from the Neuse Buffer Rule. Therefore, no buffer certification is needed and no mitigation is MAILING ADDRESS: TELEPHDNE: 919-715-1500 LOCATION: NC DEPARTM1"ENT OF TRANSPORTATION FAX: 919-715-1501 2728 CAPITAL BLVD PROJECT DEVELOPF.IENT AND ENVIRONrJ.ENTAL ANALYSIS PLB SUITE 168 1598 MAIL SERVICE CENTER WEBSITE: bvWW.NCDOT.ORG RALEIGH, NC 27604 RALEIGH NC 27699-1598 proposed. All borings will fall within the footprint of the proposed structures. No borings will be performed outside of the proposed construction limits or within any wetland boundaries. The North Carolina Wildlife Resources Commission has requested an in water work moratorium from February 15°' to June 15~' for protection of anadromous fish. The United States Fish and Wildlife Service has requested a moratorium on clearing and grubbing work between November 15 and April 1 for the Tar spinymussel (Ellrptio steirtstansa»a) and the Dwarf wedgemussel (Alasmidonta hetcrodon). The NCDOT anticipates that these activities will be authorized by Nationwide Permit No. 6. NCDOT will follow the conditions set by a Natiomvide Permit No. 6 and by DWQ Water Quality Certification #3494. In accordance with 15A NCAC 2H.0501 (a), we are providing two copies of this application to the NCDWQ for their records. If you have any questions or need additional information, please contact Deanna Riffey at (919) 715-}409. Thank you in advance for your }ielp in this important matter. Sincerely, ~~ Gregory Thorpe, Ph.D. Environmental Management Director, PDEA W/attachment Mr. Jolur Hennessy, NCDWQ (2 Copies) Mr. Travis Wilson, NCWRC Mr. Gary Jordan, USFWS Dr. David Chang, P.E., Hydraulics Mr. Mark Staley, Roadside Environmental Mr. Njoroge W. Wainaina, State Engineering Geologist, P.E., Geotechnical Unit Mr. Greg Perfetti, P.E., Structure Design Mr. Jon Nance, P.E. Division Engineer Mr. Chris Murray, DEO W/o attac}anent Mr. Jay Bennett, P.E., Roadway Desigm Mr. Omar Sultan, Programnung and TIP Mr. Art McMillan, P.E., Highway Design Mr. David Franklin, USACE, Wilmington Mr. Bill Goodwin, P.E., PDEA Project Planning Engineer 2 0 ~G~~~Ob Office Use Only: ~~"1Q~0 ~'~•~~Fonn~c~r:~i n M r sr„ FQ„ 5 ~ USACE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or I. Processinb 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ^ Riparian or Watershed Buffer Rules ^ Section 10 Permit ^ Isolated Wetland Permit from DWQ ^ 401 Water Quality Certification ^ Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: NW 6 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: 4. If payment into the North Carolina Ecosystem Enhancement Pro~-am (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: ^ 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ^ II. Applicant Information 1. Owner/Applicant Information Name: North Carolina Department of Transportation (NCDOT) Mailing Address: Project Development and Environmental Analysis 1598 Mail Service Center Raleigh, NC 27099-1598 Telephone Number: 919-733-3141 Fax Number: 919-733-9794 E-mail Address: ~thorpe(a,dot.state.nc.us 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Company Affiliation: Mailing Address: Telephone Number: E-mail Address: Fax Number: Page 5 of 12 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps maybe included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Replacement of Bride No. 15 on SRI 106 over Little River 2. T.LP. Project Number or State Project Number (NCDOT Only): B-4113 3. Property Identification Number (Tax PIN): 4. Location County: Franklin Nearest Town: Barham Subdivision name (include phase/lot number): Directions to site (include road numbers/names, landmarks, etc.): 401 North and East on Moores Pond Road (SR l 106) 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): 35° 58'57.92" °N 78° 25'15.5" °W 6. Property size (acres): Total disturbance area is 24 sq. ft. 7. Name of nearest receiving body of water: Little River & Moores Pond 8. River Basin: Neuse (Note -this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Project area is forested and rural. Page 6 of I2 10. Describe the overall project in detail, including the type of equipment to be used: All borings for geotechnical investigation will be drilled utilizing a drill mounted on an ATV or a drill truck. 11. Explain the purpose of the proposed work: Foundation investic;ation for replacement of bridue IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. N/A __ V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. Yes NW 23 for the bride replacement. The NW 23 is not included because this application is a pre-study for final design VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photob*raphs maybe included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: See cover letter Pate 7 of 12 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. Wetland Impact Site Number (indicate on map) Type of Impact Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) Located within 100-year Floodplain es/no Distance to Nearest Stream linear feet) Area of Impact (acres) N/A Total Wetland Impact (acres) 3. List the total acreage (estimated) of all existing wetlands on the property: 0.03 acres 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. To calculate acreage, multiply length X width, then divide by 43,560. Stream Impact Number (indicate on ma) Stream Name Type of Impact Perennial or Intern~ittent? Average Stream Width Before Im act Impact Length (linear feet) Area of Impact acres Site 1 Little River Temp. Fill Perennial 52 ft <0.001 Total Stream Impact (by length and acreage) <0.001 5. Individually list all open ~vatcr impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill, excavation, dredging, flooding, drainage, bulkheads, etc. Open Water Impact Site Number indicate on ma) Name of Waterbody (if applicable) Type of Impact Typc of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) Area of Impact (acres) Total Open Water Impact (acres) Page 8 of 12 6. List t he cumulative im act to all Waters of the U.S. resulting from the roject; Stream Impact (acres): <0.001 (tem ) Wetland Impact (acres): Open Water Impact (acres): Total Impact to Waters of the U.S. (acres) Total Stream Impact (linear feet): 7. Isolated Waters Do any isolated waters exist on the property? ^ Yes ®No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. 8. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands Describe the method of construction (e.g., dam embankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Current land use in the vicinity of the pond: Size of watershed draining to pond: Expected pond surface area: VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It maybe useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. This ~eotech investigation is checking for foundation issues such that future problems with structure stability are minimized. VIII. Mitibation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to Page 9 of 12 freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that maybe appropriate and practicable include, but arc not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetlands/stun ~;ide.html. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. No mitigation is Rroposcd. 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount ofNon-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): Page 10 of 12 IX. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federal/state/local) funds or tlic use of public (federal/state) land? Yes ® No ^ 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ® No ^ 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ® No ^ X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify Neuse )? Yes ® No ^ 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (s uare feet Multiplier Required Mitigation 1 3 (2 for Catawba) Exempt 2 1.5 Total * Zonc 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zonc 2 extends an additional 20 feet from the edge of Zonc 1. 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within I SA NCAC 2B .0242 or .0244, or .0260. Page 11 of 12 XI. Stormwater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. XIII. Violations (rcquircd by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ^ No Is this an after-the-fact permit application? Yes ^ No XIV. Cumulative Impacts (rcquircd by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ^ No If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at }~ttp://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: XV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). ~~ ~ ~ A~plicant/Abent's Sibnaturc Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) ~~l$~05 Page 12 of 12 d z U = ~ ~ Z ~ Z. r b a~ ~> + $ d ~ z ~ zm ~ ~ ~ ~ ~s ~ ~ a $ ~~ a 'X, a x U a e ~11~. ~ ~ y ~ q ~ F~ `+ 1 i~ '1 i ~+ 1 t 1 . ~o U '~~ ~ ZO ZO ' ` 1 ~E i~ ^~ ~~, W ~ V a ti A ti +~ H ti N o N t eis c ~ Mry ~+ ~ ,+, ~',~, . a~ ~ 1 .~ ~ -h44 ~7 1 ~t 1 ~h VI ~ 1 W ~IV 1 ~ ~~ 1 00 y ~~~ «, bb/LI/8 ti O ~N d ° t ~, $ / ~ ~ ~ ~~~ 122.90' ~ ~ S91YI'S3'E ~~ o ~o O~ M ~ ~ ~1 W U ~ a, + p~ f ~ y \\ 11\ 1~ 11~ M 1 11 MI ~ ` ~ W 1 ~ ` d ,~,' ~ ~ ~ P~~ N U \~ ~ J m ~ 1 \ 1 1 O. 1 ~ ~ \ ~ \ ~ \ \ \ ~ \ ~ ~ ~ '~ I ~ rn ' ~ ~ ~ I I \` .M Q Qt '`11 ~ ~ 1 ~ q~ p ~I~j~~'$x In I~ 1 1 `~ ~ o N~IIIIIIII'I N aQo~ti~vWiQ 11 1 1 ~ 1 ~I -. 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W~ ~I ~ II ~ R` Eti[r ~~ ~\ ~ p \ \ '" ~ -.~ ` I ~a ~ ~ I~ ~ ~ W ~~ ~~ ~ I ~~ U \ ~ \ ~ \ \ ,, \ ~ \ '. \ ~ \\ \ \ \ , Mry \~ \ ~ I. N \ \ U\ + \ \ \ ~ ~ \ 1 \ \ ~ \ \ ~ ~ ~ ~ Q ~ ~~~ _ ~ / a ~ ~ _ _ _ / .--. \ \ .f suvF u r-~ .~~~. STATE OF NORTH CAROLINA DEPAR'TIVIENT OF 'TRANSPORTATION MICHAEL F. EASLEY GOVERNOR April 11, 2005 Memorandum to: Ms. Elizabeth Lusk Environmental Supervisor Office of Natural Environment Attention: Deanna Riffey Environmental Specialist Project Number: 33468.1.1 TIP Number: B-4113 F.A. Number: BRZ-1106 (3) County: Franklin Project Description: Bridge No. 15 over the Little River on SR 1106 Subject: Information for permit request LYNDO TIPPETT SECRETARY The Geotechnical Engineering Unit is in the process of planning a foundation investigation for the above referenced project. A consultant will be conducting the investigation with a minimum of 6 borings. Two of the borings will be performed within the Little River and will be drilled though the bridge deck of the existing bridge. Four others will be drilled through the existing roadway embankment. All six borings are shown on the attached plan sheets. The latitude and longitude for the project can found in the PCN document attached. The proposed locations of each boring are as follows... Boring Designation Station Offset EB1-A 24+10 18' Lt. EB1-B 23+71 18' Rt. B1-A 24+59 15' Lt. 61-B 24+21 15' Rt. EB2-A 25+45 18' Lt. EB2-B 25+06 18' Rt. All borings will be drilled utilizing a drill mounted on an ATV (All Terrain Vehicle) or a Drill Truck. The size of the borings are approximately 0.5ft (6 in.) in diameter. The area that may be disturbed per boring (total of 6 borings) is estimated to be 4 Ftz, for a total disturbance area of 24 Ft2 (8ftZ in the creek). The consultant will use casing to advance the borings and rotary- 33468.1.1 B-4113 wash techniques while recirculating the drilling fluids between the mud tub and the inside of the casing. This will isolate the drilling mud and cuttings and contain them in the boring and the mud tub. The borings will be backfilled with the cuttings and then sealed with bentonite hole plug. The excess drilling mud will be disposed of in the upland areas. The field activities are expected to take 5 days total. If you have any questions or need any additional information, please contact Cheryl Youngblood at 250-4088. Sincerely, Che A. Yo~bltfod 9 Project Geologist Geotechnical Consultant Coordination cc: KJ Kim, PhD, PE -Geotechnical Engineering Unit File t .~ ,. n~,~ o ~~~'~ STATE OF NORTH CAROLINA DEPART~NT OF TRANSPORTATION MICHAEL F. EASLEY GOVERNOR April 18, 2005 Mr. Eric Alsmeyer Army Corps of Engineers 6508 Falls of the Neuse Rd., Suite 120 Raleigh, NC 27615-6814 ~~ ~~ qA 0~~... ,p2 ~-: g~~o r~R 2 / ~ ',r S,9N lt%gr ! OST~~OG~/,j ' ` ~ ~R~~ti~h LYNDO TIPPETT SECRETARY SUBJECT: Update to Request for Jurisdictional Determination for the proposed replacement of Bridge No. 15 on SR 1106 over the Little River in Franklin County, Division 5, State Project No. 8.2360701; T.I.P. No. B-4113. Dear Mr. Alsmeyer: NCDOT Office of Natural Environment has completed the delineation of "Waters of the United States," including wetlands for the above referenced bridge replacement project for the North Carolina Department of Transportation (NCDOT). The Little River, a perennial stream, and three riverine wetlands were located on the project site. After visiting the site with you on April 22 an additional wetland was added. This wetland was delineated on April 14. The attached drawing has the location of all four wetlands as well as the stream. Also, attached are the wetland forms for the additional wetland. The Office of Natural Environment would like to request a jurisdictional determination of the wetland delineations. Please contact us before May 9, 2005 if you would like to schedule a second field visit. The tentative letting date is February 6, 2006. If you have any questions, please contact Deanna Riffey (919) 715-1409. Sincerely, r ~,~ Philip .Harris, III, PE. Manager, Office of Natural Environment cc: 8-4113 project file ~iGls. Nicole Thomson, Division of Water Quality MAILING ADDRESS: PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 1598 MAIL SERVICE CENTER RALEIGH NC 27699-1598 TELEPHONE: 919-715-1500 LOCATION: FAX 919-715-1501 2728 CAPITAL BLVD PL6 SUITE 168 RALEIGH, NC 27604 wees~rE: www.ncdot.or~ t TTr-rr-r-r'T .. .. .. .. c:~ .^ ..~uuR 24+00 li~ ~ 25+00 MOORE'S POND ~~ ~ 26+00 27+00 moos ~~ Q i Q ~~ ~~_ o g N -"r-rrr _ ~~~ Try.-,:~ , CO O~~ doe Ap,~ ~~r~o FAR. 2 210 D SgN~s;~~RQ~ ~s oR,~nYq~/~Y Rs~~h 1\ ~ \ ~ •00 22+00 ~ 23+00 r'r DATA FORM ROUTINE ',YIT;.,~ND DETERMINATION (1987 COE Wetlands Delineation Manuall Project/Site: Applicant/Owner: Investigator: ///3 Do Normal Circumstances exit on the siteT Is the site significantly disturbed (Atypical Situation-T Is the area a potential Problem Areal (If needed, explain on reverse.) VEGETATION Dominant Plant Species Stra m Indicator 1 0~ .~ ~ f" i f __~ 1. 2. ~ ~R L 3. r , 4 ~ lli.., /.,orn fnD'7YtI CCr_ 5. Data: Y' 0J County: /~~ iN State: '~ es No Community ID: es No Transact ID: Yes ~ Plot ID: <. NG~o~b.~~lav ~ Dominant Plant Soeciee _ Stratum Indicator 9. 1Q. 11. 12. 1~ 1 G. 8. 15. 118. --- 8 Psrosnt of Dominant Spsdes that e-e OBL, FACW or FA 3 ~s~~ (excluding FAC-l. Remarks: ~ ~ f ! V~.~G f - °~/a- ., lOrl ~ . HYDROLOGY lc Recorded Dats IDeecribs in Remarksl: Stream, Lake, or Tide Gsuge Aariel Photographs Other No Recorded Dats AvrNiable Field Observations: Depth of Surfsas Water: Depth to Fres Water in Pit Depth to Satursted Soil: D (in.) l(J lin.) Wetland Hydrology Indiceton: Primary Indioetors: Inundated Setursted in Upper 12 Inchon _ Water Marks _ Orin Linea _ Sediment Deposits _ Drainage Petterne in Wetlands Secordsry Indioetoro (2 or more rsquiredl: _ Oxidized Root Chsnnsls in Upper 1 2 Inches _ Water-Stained Leaves Local Soil Survey Data FAC-Neutral Test Other (Explain in Remerksl Remarks: SOILS Mep Unit Neme ~^ ~ t> ~ ~, , ~ ~ j, (Series and Phase): (i~' Drainage Clesa: ~ `' Taxonomy (Subgroup): ~ ~( <` Feid Observations /} ~~ ~ ~ C ~~?' Confirm Mapped Typal Yes No Profile Deacriotion: Depth Matrix Color Mottle Colors Mottle Texture, Concretions inches Horizon (Munsell Moist! , (Munsell Moist) Abundance/Contrast Structure, etc. io ~, sy/~`~/1 is ~ y/~ ~=~~ ~~,,; ~, s~~~ o~l~ ~iaY~e ~l~ s~,~~~. Hydric Soil Indicatoro: _ Histosol Concretions _ Histic f:pipedon _ _ High Organic Content in Surface Layer in Sandy Soils _ Sulfidio Odor _ Orgsnic Streaking in Sandy Soils _ Aquio Moiaturs Regina . Listed on Local Hydric Soils Liat ~, Reducing Conditions _ _ Listed on National Hydric Soils List _ Glsyad or Low-Chrama Colors _ Other (Explain in Ramerks! Remarks: WETLAND DETERMINATION Hydrophytic Vegetation Present? Ne No (Circle! (Circle) Wstlsnd Hydrology Present? a No .. t Hydric Soils Present? a No Is this Sampling Point Within a Wetland) C ^Yes 1No i Remarks: DATA FORM ROUTINE '.VETLaND DETERMINATION (1 987 COE Wetlands Delineation Manual) ProjecUSite: ~~ -`~~~3 Date: ~ 5~/ 1~ Applicant/Owner•. /1/G~D ~ County: ~«~~~/,~. Investigator: ~ State: /i/G Oo Narmal Circumstances exist n the site? Yes No Community ID: Is the site significantly disturbed (Atypical Situation(? Yes No Transact ID: _ / Is the area a potential Problem Area? Yes No Plat 10: ~ ~ o (If needed, explain on reverse.) ver!creTtnnl Dominant Plant S eeiea Stratum Indicator Dominant Plant Saecies Stratum Indicator ~ ~'~ 1. Q 71~ 9• 2. .u f~~_ GC' t0. f 3 . f 4. ~.ila i.S Sa ~/ ~'L'iC 12. 5. 1 ~. i 6. 14. ~ , 15. 8. 16. Psroent of Dominsnt Spaaise that e-e OBL, FACW o- FA~ r 7S® /dd (excluding FAC-1. Rsrnerks: uvnQntnrV Recorded Date (Describe in Remarks(: Wetland Hydrology Indicecon: Stream, Lake, or Tide Gauge Primary Indiaatora: Aerial Photographs Inundated Other _ ~ Setursted in Upper 12 Inches No Recorded Dete Available _ Water Merke Drift Lines _ i ts _ Sediment Depos Field Observadons• _ Drainage Pstterns in Wetlands Secondary Indicators (2 or more required(: Depth of Surfsae Wetsr. ~7 (in.) _ Oxidized Root Chsnnels in Upper t 2 Inches _ Water-Stained Leaves Depth to Fres Water in Pit: ~/•~ (in.l _ Local Soil Survey Dete FAC-Neutral Test / - Depth to Setursted Soil: ~, l.~ (in.) _ _ Other (Explain in Remerksl Remarks: SOILS Msp Unit Neme / (Series end Phesel: ~ ~~~0l,~t"r° ~ ~ Drainage Class: r Feld Observations Taxonomy (Subgroup): / 9 r /i_ G/? H ~~~ ~,~ ~.~/fi~ Confirm Mapped Typal Yea No Proftle Description: Depth Matrix Color inches Horizon (Munaslt Moist) Mottle Colors Mottle Texture, Concretions, (Munsell Moises Abundance/Contrast Structure. etc. ~ .r.. {/~ // /` P.-~'(./ Hydric Soil Indioetors: _ Histosol _ Concretions _ Histic Epipedon _ High Organic Content in Surface Layer in Sandy Soils Sulfidic Odor _ Orgsnic Streaking in Sandy Soile _ Aquic Moisture Rsgirns _ Listed on Luoel Hydric Soils List _ Reducing Conditions _ Listed on National Hydric Soils LisT Gleyad or Low-Chrome Colors Other (Explain in Remarks) Remarks: WETLAND DETERMINATION Hydrophytie Vepstatton Presentl Yes ~ (Circle) (Circle) Wadend Hydrology PrssentT '.Y~~ No Hydric Soils Presentl Yes ( N~ Is this Sampling Point Within a Wetlendl Yes ,~Ne Remarks: :e ..sT~,io ~°~. ~ ~~~~ s ~.~~~~~ STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY GOVERNOR September 7, 2005 Mr. William D. Gilmore, P.E., Director Ecosystem Enhancement Program 1652 Mail Service Center Raleigh, NC 27699-1652 Dear Sir: ~~ ~`~v ~~ CFA O~^ 'Iay aF,. I ~SJ~ i opfrt~~`/Tr . ~s ~4 ~~~ ~cti LYNDO TIPPETT SECRETARY Subject: Request for blitibation for Replacement of Bridge No. 15 on SR 1106 over the Little River in Franklin County. State Project No. 8.2360707, Federal Aid Project No. BRZ- 1106 (3), WBS Element 33468.1.1, Division 5, TIP No. B-4113. The purpose of this letter is to request that the North Carolina Ecosystem Enhancement Program (EEP) provide confirmation that you are willing to provide compensatory mitigation for the project in accordance with the Memorandum of Agreement (MOA) sigmed July 22, 2003 by the USACE, the NCDENR and the NCDOT. The North Carolina Department of Transportation proposes to replace Bridge No.15 in Franklin County. The bridge crosses Little River just east of Moores Pond Dam and northeast of junction NC 98 and NC 96. RCSOURCI:S UNDER THi; .TURISDiCTiON OF SECTION 404 AND 401 nF TAr CI.FAN WATER AC'T_ We have avoided and minimized the impacts to jurisdictional resources to the greatest extent possible. Upon completion of the permit application, a copy of the permit application will be placed on the http://www.ncdot.or~/doh/preconstruct/pe/ websitc. The impacts to jurisdictional resources will be compensated for by mitigation provided by the EEP pro~-am. The project is located in the Ncuse River Basin of Wake County in Hydrological Cataloguing Unit 03020101. We estimate impacts of: 0.03 acres of riverine wetland Please send the letter of confirmation to Mr. Eric Alsmeyer (USACE Coordinator) at U. S. Army Corps of Engineers Raleigh Regulatory Field Office, 6508 Falls of the Neuse Road Suite 120 Raleigh, NC MAILING ADDRESS: TELEPHONE: 919-715-1500 LOCATION: NC DEPARTMENT OF TRANSPORTATION FAX: 919-715-1501 2728 CAPITOL E30ULEVARD PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS PARKER LINCOLN BUILDING, SUITE 168 1598 MAIL SERVICE CENTER WEBSITE: NhVW.NCDOT.ORG RALEIGH NC 27699 RALEIGH NC 27699-1598 l~ 27615). Mr. Alsmeyer's FAX number (919) 876-5823. The current let date for the project is June 20. 2006 for which the let review date is May 2, 2006. In order to satisfy regulatory assurances that mitigation will be performed; the NCDWQ requires a formal letter from EEP indicating their willingness and ability to provide the mitigation work requested by NCDOT. The NCDOT also requests a copy of the confirmation letter be sent to Mr. John Hennessy of NCDWQ. Please respond to NCDOT in writing within 10 business days with an EEP acceptance letter for this NCDOT project. If you have any questions or need additional information please call Deanna Riffey at (919) 715-4109. Sincerely, ~~~ ~ ~ ~j~, Gregory J. Thorpe, Ph.D., G~ ~ ., Environmental Management Director Pro~cct Development & Environmental Analysis Branch Cc: Mr. John Hennessy, NCDWQ ~IGIs. Nicole Thomson, NCDWQ Mr. Eric Alsmeyer, USACE Ms. Linda Fitzpatrick, NCDOT Natural Environment Unit Mr. Omar S. Sultan, NCDOT Project Management/Scheduling Unit Mr. Todd Jones, NCDOT External Audit Branch File: B-4113 Page 2 of 2 ;~ .fi PROGRAM September 20, 200 Mr. Eric Alsmeyer US Army Corps of Engineers Raleigh Regulatory Field Office 6508 Falls of the Neuse Road, Suite 120 Raleigh, North Carolina 2761 Dear Mr. Alsmeyer: Subject: EEP Mitigation Acceptance Letter: D ~~ `~~~ ~D S D EP3pZ005 t"r~T(A(JDSAh,- l1'ATFR QUAUiY D STO,h'~1~ATER CRgNCN B-4113, Bridge 15 over the Little River on SR 1106, Franklin County; Neuse River Basin (Cataloging Unit 03020201); Central Piedmont (CP) Eco-Region The purpose of this letter is to notify you that the Ecosystem Enhancement Program (EEP) will provide the mitigation for the 0.03 acre of unavoidable riverine wetland impact associated with the above referenced project. The subject TIP project is listed in Exhibit 2 of the Memorandum of Agreement (Tri-Party MOA) between the North Carolina Department of Environment and Natural Resources, tl~e North Carolina Department of Transportation, and the U. S. Army Corps of Engineers, Wilmington District dated July 22, 2003. The EEP will commit to provide appropriate compensatory riverine wetland mitigation up to a 2:1 ratio in Cataloging Unit 03020201 of the Neuse River Basin to offset the impacts associated with this project by the end of the MOA year in which this project is permitted, in accordance with Section X of the Tri-Party MOA. Mitigation sites currently containing surplus mitigation assets consists of, but not inclusive of, the Wiggins Mill, Speight Branch and Cox mitigation sites, and Neu-Con Mitigation Bank. If you have any questions or need additional information, please contact Ms. Beth Harmon at (919)715-1929. Sincerely, ~• V~ Wil -am D. Gilmore, P.E. EEP Director cc: Mr. Greg Thorpe, Ph.D., NCDOT-PDEA Mr. John Hennessy, Division of Water Quality, Wetlands/401 Unit File: B-4113 t~L•SC'~/r~~r~ ! .. L.r~~~::l~t,C..rr .. _ iw~J~;r ! ._; Jc~:,`c'-' ~r J NCDENR North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 21699-1652 / 919-115-041b / www.nceea.net ti-- .. -- NCO S~+~111 ~.. PROGRAM September 20, 200 Mr. Gregory J. Thorpe, Ph.D. Environmental Management Director Project Development and Environmental Analysis Branch North Carolina Department of Transportation 1548 Mail Service Center Raleigh, North Carolina 27699-1548 Dear Dr. Thorpe: Subject: EEP Mitigation Acceptance Letter: B-4113, Replace Bridge Number 1 ~ over the Little River on SR 1106, Franklin County The purpose of this letter is to notify you that the Ecosystem Enhancement Program (EEP) will provide the riverine wetland mitigation for the subject project. Based on the information supplied by you in a letter dated September 7, 2005, the impacts are located in CU 03020201 of the Neuse River Basin in the Central Piedmont (CP) Eco-Region, and are as follows: Riverine Wetland: 0.03 acre As stated in your letter, the subject project is listed in Exhibit 2 of the Memorandum of Agreement among the North Carolina Department of Environment and Natural Resources, the North Carolina Department of Transportation, and the U. S. Army Corps of Engineers, Wilmington District dated July 22, 2003. The compensatory riverine wetland mitigation for the subject project will be provided in accordance with this agreement. If you have any questions or need additional information, please contact Ms. Beth Harmon at 919-71 ~-1929. Sincerely, ~4'i-- }~ ~ U" ' Wi i m D. Gilmore, P.E. EEP Director cc: Mr. Eric Alsmeyer, USACE-Raleigh Mr. John Hennessy, Division of Water Quality, Wetlands/401 Unit File: B-4113 ~..vS ~~., ~r i+-:r .. ... '"t r._+: .,d i,v + .. ice,! -... .. ~ .-~~ .. ,.. ~ -~,\I~ .. , . .., ,. ~ w NCDENIt North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 21699-1652 / 919-115-0416 / www.nteep.net