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HomeMy WebLinkAbout20060314 Ver 1_Complete File_20060424 a :a 0 VVATFR Q6 T? r 1 WN-OM 1-11 April 24, 2006 Johnston County DWQ Project No. 20060314 Bridge 52 on NC 96 TIP No. B-4164 UALITY CERTIFICATION, NEUSE BUFFER RULES' with ADDITIONAL APPROVAL of 401 WATER Q CONDITIONS Mr R. E. Greene, P.E., Division Engineer NCDOT, Division 4 PO Box 3165 Wilson, NC 27895-3165 Dear Ivlr. Greene: acts for the purpose of in accordance with the conditions listed below, for the following impacts for the purpose of you have our approval, replacing Bridge 52 in Johnston County: Site --TP-e-r impact in nnen Waters.. ac . 13+90 V.Vu7V .? - Total 0.0096 Total Open water Impact for Project: 0.0096. acres = Zone. 2 Zone. 2. Buffer. Buffers (not Mitigation wetlands) Required r.. tminv- 3:1. ratio; 0.0096 Neuse. Ri ariau ,?..... Zone 2. minus Site zone 1 minus d = Zone 1 Buffers. (not Zone.l.Buffer. hybgation . Impact (sq ft) Wetlands. in Zone 2. Impact ft) (sq s . Wetlan in Zone 1 . wetlands) Required . (Using 3:1. ratio) . ft . s 0 . . s ft . 0 s . ft 1300 N/A 665 665. 0. 1300 N/A 1 . . 0 act, no mitigation required 1300 1300 eet of imp Totals and 1 . * n/a = Tot al for Site is les s than 1/3 acre t: 1965 care feet* square . Total Buffer. Impact for Projec 665 27, 2006 and our application datereceived that these The project shall be constructed in 19a 006After reviewing your application, information received April . Number 3494. This certification c additional Certification orresptguffer impacts are covered by General Water Quality approval is also valid for the Neuse Rip should acquire any other federal, state or local permits as W titer by s of Engineers' This Nationwide Permit 3 issued b the Corps limited to) Sediment and Erosion Control, permit, Non-Discharge (15A NCAC 2B.0233). In addition, not You proceed with your project including (but will expire with the accompanymg 404 permit, Supply watershed regulations- This app specified in the Water Quality Certification. Transportation Permitting Unit 1650 Mail Service Center, Raleigh, L -,n R e qh N ? Carolina 527604----+,f .,e- usmcwetlands 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 :m acts. in the. Neuse. Rivoer. Basin Temporary. Fill in Total in Open (acl. 0 0. r c? „O y fO ? ?` f4 application (unless modified below). ose and design described in your lication. If the property is sold, the This approval is valid solely for the pure the DWQ and submit a new app our project change, You must notify rough letter, and is thereby responsiblef°of tot?all?g Should y P of this Certification and aPP the future) exceed one acre, o as ro ect (now or mensatory mitigation may be requinew owner must be given If a total copy wetland f exceed for this PJ with all the conditions. exceed 150 linear feet, co p remain valid, you must adhere to the. impacts to streams (now or in 0t506 h) (6) and (7). For this approval to described in 15A NCAC 2H • cation as well as those listed below. conditions listed in the attached certifi work area should be maintained to prevent direct contact betwee to construction, a dry 1. If, concrete is used during Water that inadvertently contacts unc?ed?a concrete lolls not be discharged curing concrete and stream v!ater. H and possible aquatic surface waters due to the potential for elevated p no staging of equipment of any kind is permitted in waters of the U.S" or constriction of the protect, 2 During the protested riparian buffers. should not be modified* erasion, pattern and profile of the stream above and beeO orpbic conditions. stored tonatural g 3. The dim should be re ny Disturbed floodplains and streams laced for stream stabilization aquatic placed h water mark shall be minimized, A ede r ip-rap life passage- 4. The use of rip-rap above the is shall be placed in stream channels in such a manner that it does not imp BMP measures from work area. Approved acent to stream waters shall be conducted in a dry ual such as sandbags, rock berms, and Maintenance Activities man e 5. All work in or adj water. in flowing most current version of NCDOT s shall Construction d to prevent excavation be use them and other diversion structuT el in order to minim cofferdams rather than in the stream channel equipment operated from the banks shall be 6. Heavy pollutants into the stream' to prevent sedimentation and reduce introduction of other inspected and maintained ed equipment operated near surface waters must regularly l other toxic materials. lubricants, hydraulic fluids, meclianiz . 7. All fuels contamination of stream waters from , el except where authorized by this No rock, sand or other materials shall be dredged from the str eam channel N to surface certification ui ment in or adjacent hydroseed mixtures and washing out hydTOSeeders and other equipment 9. Discharging waters is prohibited. er consistent with State water quality ents shall conduct its activities with §303(d) of the Clean Wateri la?S are not 10. NCDOT and its authorized resulting from comp determines that such standards o violate Stand d, ards (including ally or that Stother appropri ate or federal law is being ate requirements of State and Federald or achievQed use) this certification. reevaluate and modify (including the failure to sustain a designated DWQ may being met to assure comp otherwise or that further conditions are necessary 3.1, unless slight be placed at slopes no flatter than located in juris dictional wetlands 11. All fill slopes authorized by this certification.. construction site at all ties. In addition, the pity Certification shall be posted on the hall b m 12. A copy subsequent modifications, if any, shall be maintained with the Division Engineer Water Quality Certification and all and the on-site project manager. oe Transportation Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 276991650 -:. orn Raleigh, North Carolina 27604_ ?t?ro nc.uslncwetlans 0 W ATFR ?G r n3 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 13. 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. 14. Upon completion of the project, the NCDOT Division Engineer shall complete and return the enclosed "Certification of Completion Form" to notify DWQ when all work included in the 401 Certification has been completed. 15. Native riparian vegetation must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 16. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with this permit without appropriate modification. Should waste or borrow sites be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction activities. 17. 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 implee ollution must Control with the reclamation in accordance with the requirements of the Sedimentation 18. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent wetlands and waters is unavoidable, they shall be practical. If placement of sediment and upon devices the project. removed and the natural grade restored completion 19. Strict adherence the DOT's BMPs for bridge demolition as approved by the Corps of Engineers is a condition of the 401 Water Quality Certification. 20. Bridge deck drains should not discharge directly into the stream. Stormwat should be directed across buffers, bridge and pre-treated through site-appropriate means (grassed swales, p re-formed holes, scour vegetated etc.) before entering the stream. Please refer to the most current version of Stormwater Best Management Practices. 21. The NCDOT will need to adhere to all appropriate in-water work moratoriums (including the use of pile driving or vibration techniques) prescribed by the NC Wildlife Resources Commission, the US Fish 5 and Wu n of Service, and Je any and National Marine Fisheries Service. No in-water work is permitted between b t the NC Wildlife Resources Commission. year, without prior approval from the NC Division of Water Quality In addition, NCDOT shall conform with the NCDOT policy entitled "Stream Crossing Guidelines for Anadromous Fish Passage (May 12, 1997) at all times. ®rri Caro ' a Nal . , 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 919-733-68931 Internet: http•//h2o enr state.nc.uslncvvetiands N NA T Michael F. Easley, Governor ?? ? William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Lj ry Alan W. Klimek, P.E. Director } Division of Water Quality 22. All stormwater runoff shall be directed as sheetflow through stream buffers at nonerosive velocities, unless otherwise approved by this certification. 23. All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the preconstruetion contours and revegetated. 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. 24. Pursuant to NCAC15A 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. 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, 6714 Mail Service Center, Raleigh, N.C. 27699. 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 Rob Ridings at (919) 733-9817. mcerel , /- n W. Klimek, P.E. Attachments (General Certification and Certificate of Completion form) cc: William Wescott, US Army Corps of Engineers, Washington Field Office Jamie Guerrero, Division 4 Environmental Officer Travis Wilson, NC Wildlife Resources Commission DWQ Raleigh Regional Office copy File Copy Noe Carro?a Transportation Permitting Unit " ' ""tkC" 1650. Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919-733.6893 / Internet htti)://h2o.enr.state.nc.usfncwetiands ?Qia SfATFP -? Yyn STATE of NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY LYNDO TIPPETT GOVERNOR SECRETARY April 17, 2006 Mr. Robert Ridings 0 R @ 12 Wetlands/401 Unit NC DENR Division of Water Quality APR 1 9 2006 2321 Crabtree Blvd. Suite 250 Raleigh, NC 27604-2260 DENR - WATER QUALITY WETLANDS AND STORMWATER BRANCH Subj ect: Replacement of Bridge 52 on NC 96 in Johnston County, TIP B-4164 Dear Mr. Ridings: In response to your letter dated on March 31, 2006, in which the aforementioned project application was determined to be deficient, the following clarification is offered: All widening of the bridge and approaches will occur on the east side of the road and is outside the buffered area of Parker Pond located west of the roadway. The 1300 square feet of Zone 1 impacts and 665 square feet of Zone 2 impacts are for the bridge, not the approaches. Bridges are allowable pursuant to 15A NCAC 2B .0233. The only additional impact is 418 square feet (0.0096 acre) of open water impact from the riprap located on the south side end bent of the bridge. No buffer mitigation plan was included in the permit application because there are no buffer impacts for the approaches. Furthermore, all widening of the roadway is confined within the existing right-of-way of NC 96. If any further information is needed, please contact Jamie Guerrero at (252) 234-6174. Respectfully Yours, R.E. Lee Jr., PE Division Engineer - Division 4 Cc: Nu. ddmir, Guerrero, Division Environmentai Utticer Mr. Jimmy Marler, Bridge Superintendent Mr. William Wescott, US Army Corps of Engineers, Washington Field Office (252) 237-6164 x 3532 juerrero@dot.state.nc.us Post Office Box 3165, Wilson, North Carolina 27895-3165 r It STATE OF NORTH CAROLINA MICHAEL F. EASLEY GOVERNOR February 23, 2006 Mr. William Wescott U.S. Army Corps of Engineers Washington Regulatory Field Office Post Office Box 1000 Washington, North Carolina 27889-1000 (One Copy) Ms. Nicole Thomson Wetlands/401 Unit NC DENR Division of Water Quality 2321 Crabtree Blvd. Suite 250 Raleigh, NC 27604-2260 (Seven Copies) LYNDO TIPPETT ???`??iy SECRETARY 060314 Subject: Nationwide 3 Notification and Buffer Authorization Request, for the demolition and reconstruction of Bridge No. 52, NC 96 over John K. Swamp (a.k.a. Little Swamp), Johnston County. TIP Project Number : B-4164 Dear Sir or Madam: Please find enclosed the Pre-Construction Notification for the above referenced project. The existing bridge (75-foot long) will be replaced with a new 160-foot long bridge on the existing aligmnent. Traffic will use an offsite detour during construction. There are impacts to buffers and Waters of the U.S./State associated with this project. The new bridge will completely span the creek and a much larger portion of floodplain. The bridge replacement will result in a better hydraulic opening and provide for increased wildlife passage beneath the future bridge. John K. Swamp is located in the Neuse River Basin and is classified by the Division of Water Quality at this bridge as C NSW 27-52-(2.5). The bridge will be removed by sawing the deck and lifting it out in sections. We will excavate behind the end bents and fold them back, then remove them without dropping any components into the creek. Concrete and steel piles from the existing bridge will be cut off at the mud line of the stream using a hydraulic shear or other means that does not require construction equipment to get into the water. Best Management Practices for the Protection of Surface Waters and for Bridge Demolition and Removal will be strictly adhered to during the removal of the existing bridge. Y 06 S10 - DEPARTMENT OF TRANSPORTATION (252) 237-6164 x 3532j guerrero@dot. state. nc.us Post Office Box 3165, Wilson, North Carolina 27895-3165 PAI FEDERALLY-PROTECTED SPECIES AND CULTURAL RESOURCES The Fish and Wildlife Service (FWS) currently list four federally protected species for Johnston County (Table 1). Table 1- Federally Protected Species of Johnston County Federal Common Name Scientific Name Status Habitat Biological Conclusion Present Kea-cocxaaea Picoides borealis E N No Effect woodpecker Dwarf wedge mussel Alasmidonta heterodon E N May Affect - Not Likely to Adverse] Affect Tar spiny mussel Elliptio steinstansana E N May Affect - Not Likely to Adversely Affect Michaux's sumac Rhus inichauxii E N No Effect A mussel survey was conducted at the project site on October 6, 2003. None of the federally listed species were found, and it was concluded that the project construction "May Affect-Not Likely to Adversely Affect" the dwarf wedge mussel and the tar spiny mussel. No element occurrences are listed on the NHP database within one mile of the bridge. No pine trees suitable for RCW foraging or nesting are in, or adjacent to, the bridge. This project is not likely to jeopardize the continued existence of any of the federally protected species listed in Johnston County. The State Historic Preservation Office (SHPO) concurs that Parker's Mill, located on the west side of NC 96, is eligible for the National Register of Historic Places under Criteria A and C. The proposed design avoids impacts to the existing dam and buildings by replacing the bridge in the existing location and at approximately the same roadway elevation. SHPO has concurred with the "No Adverse Affect" call on the condition that a two-bar metal bridge rail be installed on the proposed structure instead of the standard New Jersey Barrier. NCDOT's GeoEnvironmental Unit stated that an old gas station is located in the project vicinity. Records state that the underground storage tanks (USTs) have been removed. However, metallic readings were registered during the field visit, which suggests the possible presence of a UST. Since an offsite detour will be utilized during project construction, no impacts to UST's are anticipated. Regulatory Approvals USAGE Section 404 Permit: The project qualifies for Nationwide Permit 3 (Maintenance of previously approved structures). All permit conditions will be followed. Impacts to the Waters of the U.S. are not anticipated. For our files, please provide general permit verification that the activity is authorized. NCDWO Section 401 Certification: The project qualifies for 401 General Certification number 3376. All conditions of the general certification will be followed. NCDWO Buffer Rules: As bridges are an allowable use they require written authorization from the Division of Water Quality. Only Buffer Rule approval is sought in writing. Please contact Jamie Guerrero at (252) 296-3532 if you have any questions or need additional infonnation. Your time and effort are appreciated. Respectfully Yours, R.E. Greene. Jr.. PE Division Engineer - Division 4 Cc: Mr. Jamie Guerrero, Division Environmental Specialist Mr. Jimmy Marler, Bridge Superintendent Ms. Katie Simmons, Roadside Environmental Field Operations Technician Office Use Only: Fonn Version May 2002 USACE Action ID No. DWQ No. 2 0 0 6 0 3 1 4 itf- .,r.: i , __ ....? 1,... .... w..., ......• .o aav, app wav,c W Llllb pl UJecl, 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 2. Nationwide, Regional or General Permit Number(s) Requested: NWP 3 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here:'no discharge - qualifies for GC 3376 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete section VIII and check here: ?NA 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: ?NA if. Applicant Information Owner/Applicant Information Name: - R. E. Greene - Division Engineer Mailing Address: PO Box 3165 Wilson NC 27895-3165 Telephone Number: 252 237-6164x3501 Fax Number: 252 234-6174 E-mail Address:_ rareene(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: Jamie Guerrero Division 4 Environmental Specialist Company Affiliation: Division 4 - NCDOT Mailing Address: 509 Ward Blvd. Wilson NC 27895-3165 Telephone Number: 252 237-6164 x3532 Fax Number: 252 234-6174 E-mail Address: iguerrero(a_)dot.state nc us 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 may be 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: Bridge 52, NC 96 over John K. Swamp (aka Little Swamp) Johnston County 2. T.I.P. Project Number or State Project Number (NCDOT Only): B-4164 3. Property Identification Number (Tax PIN): NA 4. Location County: Peacocks Crossroads Quad Map Nearest Town: Meadow Subdivision name (include phase/lot number): NA Directions to site (include road numbers, landmarks, etc.): 0.81 miles S of NC 50 on NC 96 in Johnston County 5. Site coordinates, if available (UTM or Lat/Long): 35.3091°N, 78.4576°W (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Property size (acres): N/A 7. Nearest body of water (stream/river/sound/ocean/lake):John K. Swamp (Parker Pond) -C NSW 27-52-2.5 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/maDs/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application:_ rural agriculture pasture woodland Page 6 of 12 r 10. Describe the overall project in detail, including the type of equipment to be used: Using mechanical highway equipment replace an existing bridge with a longer bridge in place with offsite detour. 11. Explain the purpose of the proposed work: Bridge Maintenance Unit records indicate the bridge has a sufficiency rating of 14.6 out of a possible 100 for a new structure. The bridge is currently posted at 21 tons for a single vehicle and 28 tons for TTST's The bridge is considered Functionally Obsolete due to a deck geometry appraisal of 3 out of 9 according the the Federal Highwav Administration (FHWA) standards and the bridge is therefore eligible for FHWA's Highway Bridge Replacement and Rehabilitation Program The replacement of the structure will result in safer traffic operations 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. Bridge previously approved by 33 CFR 330.3 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. NA 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. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must 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 Page 7 of 12 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: The bridge replacement will result in an appropriate hydraulic opening and provide for increased wildlife passage The new bridge will be 13.8 feet wider based on current design standards. Therefore the new bridge will have 450 additional square feet of decking over lurlsdlctlonal waters of the US/State There will be no impacts to wetlands Individually list wetland impacts below: Wetland Impact Area of Located within Distance to Site Number Type of Impact* Impact I00-year Floodplain** Nearest Stream Type of Wetland*** (indicate on map) (acres) (yes/no) (linear feet) N/A * List each im act tie a t 1 d 'd 'f F IF ra e y an i enti y temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, till, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at http:/Iwww.fema.eov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) Indicate if wetland is isolated (detennination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property: N/A Total area of wetland impact proposed: N/A 2. Individually list all intermittent and perennial stream impacts below Stream Impact Length of Average Width Perennial or Site Number Type of Impact* Impact Stream Name** of Stream Intermittent? (indicate on map) (linear feet) Before Impact (please specify) , '^-r-11 -V.1Q«JY uiw iucmny [emporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before. and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, 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. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.uses.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, www.mapquest.conl, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 0 Page 8 of 12 3. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and anv other water of the U.S.) below: Open Water Impact Site Number * Type of Impact* Area of Impact Name of Waterbody Type of Waterbody (lake pond estuary sound (indicate on map) (acres) (if applicable) , , , , bay, ocean, etc.) 13 +90 -L- Rip Rap 0.0096 N/A Pond (man-made) * L'• h ' ist eac nnpact separately and identity temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 4. Pond Creation NA 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.): NA Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): NA Size of watershed draining to pond: NA Expected pond surface area: NA VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be 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. The bridge length will be extended from 75' to 160' to span a larger portion of the floodplaln. Two bents will be removed from the stream and will be replaced with only one. Offslte detour avoids temporary fill from onsite detour. Equipment staging and work will be performed within the existing road footprint Strict enforcement of Best Management Practices for sedimentation and erosion control the protection of wetlands and surface waters, and bridge demolition will be enforced during project construction Both wooden and steel piles from the existing bridge will be cut off at the mud line of the stream using a hydraulic shear or other means that does not require construction equipment to get into the water. No temporary causeways or temporary work pads will be allowed in the stream during construction No weep holes will be allowed in the bridge deck which allow water to drain directly into the stream Special sediment control fence (hardware cloth and stone) will be used where appropriate throughout all phases of construction. Page 9 of 12 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 freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USAGE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, 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 NCWRP 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/strmgide.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. No further mitigation is proposed for this project. Bridges are an allowable use per Buffer Rules. 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Page 10 of 12 Amount of stream mitigation requested (linear feet): NA Amount of buffer mitigation requested (square feet): NA Amount of Riparian wetland mitigation requested (acres): NA Amount of Non-ripari an wetland mitigation requested (acres): NA Amount of Coastal wetland mitigation requested (acres): NA IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state) land? Yes ® No ? 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 ® Meets Federal Categorical Exclusion criteria 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. NA 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. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify-p Yes ® No ? If you answered "yes", provide the following information: 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. Page 11 of 12 Zone* Impact (square feet) Multiplier Required Mitigation 1 1300 3 0 2 665 1.5 0 Total 1965 - cone i extenas out su teet perpenaicular trom near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B.0242 or.0260. Not required. Replacing existing bridge with a longer bridge XI. Stormwater (required by DWQ) Describe impervious acreage (both 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. All appropriate best management practices for sediment and erosion control will be implemented during streambank stabilization and scour protection 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. NA 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? Yes ? No XIV. 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). Page 12 of 12 John K. Swamp (also known as Little Swamp has a potential as a travel corridor for anadromous fish. Therefore, an in-stream moratorium will be in effect from February 15 to June 15 The Stream Crossing Guidelines for Anadromous Fish Passage will be implemented as applicable The mussel survey was valid until October 6 2005. A new survey will have to be conducted prior to construction. NCDOT will use a two-bar metal bridge rail on the proposed structure instead of the standard New Jersey Barrier rail. This is to comply with The State Historic Preservation Office (SHPO) concurrence that the proposed bridge will have "No Adverses Affect" to Parker's Mill. Page 13 of 12 u«Y.ff www.LVFVLVIIG.UUIWPiIILL-USP!Z=1 /CSGII=S`J1VL2SL.yyyblyNl?G.. Aw?? ?(f• ??? - y ?. 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Q ----- n aiH , ' v x \ I 1 I x o m Hi l l I M 1 11 1 11 A Ii li d 4 d 1 ' I 1 ' ? T m z m 1 9 9 0 1 ' I ...1 7? v ? , A n ? m ? ? ' 1 I ' I I ?9 o Y r ml 3 0 z !. I N I D . ? Iv ? i 1 p Q I ? o N z! I 1 m 0 Z z n I 1 .?? .. 1 I Z v O 1 I 1 z 0 I I o n z T 111 11 IT 11 1 1 1 1 1 1 ; I I ? a I a ? it N I I W N o + ? ti D r Q O ? o-1 z x m m -i N CATEGORICAL EXCLUSION ACTION CLASSIFICATION FORM TIP Project No. State Project No. WBS No. Federal Project No Proiect Description: A. B-4164 8.1313301 33512.1.1 BRSTP-96(6) This project proposes to replace Bridge No. 52 on NC 96 over Little Swamp in Johnston County. The bridge will be replaced with a 100-foot long bridge at the existing location and approximate the same low chord elevation. The cross section of the new bridge will include two 12-foot lanes with 3.0-foot minimum offsets. The approach roadway will be widened to accommodate a 24-foot pavement width consisting of two 12-foot lanes with eight-foot shoulders. The approach work will consist of earthwork, paving, some resurfacing and tapering back to the existing roadway for approximately 370 feet to the south and 700 feet to the north. Guardrail will be installed where warranted. Traffic will be detoured offsite during construction (See Section D, Studied Offsite Detour). Purpose and Need: B. Bridge No. 52 is a three-span bridge with a reinforced concrete deck on steel I- beams. The substructure is composed of reinforced concrete caps on timber piles. The existing bridge was built in 1951. Bridge Maintenance Unit records indicate that the bridge has a sufficiency rating of 14.6 out of a possible 100 for a new structure. The bridge is currently posted at 21 tons for single vehicle and 28 tons for TTST's. The bridge is considered Functionally Obsolete due to a deck geometry appraisal of 3 out of 9 according to Federal Highway Administration (FHWA) standards and the bridge is therefore eligible for the FHWA's Highway Bridge Replacement and Rehabilitation Program. The replacement of this structure will result in safer traffic operations. 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). C. 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 flattening slopes k. Implementing traffic aid systems, signals, and motorist aid 1. Installing bridge safety hardware including bridge rail retrofit O Bridge rehabilitation, reconstruction, or replacement or the construction of grade separation to replace existing at-grade railroad crossings. a. Rehabilitating, reconstructing, or replacing bridge approach slabs b. Rehabilitating or replacing bridge decks - C. Rehabilitating bridges including painting (no red lead paint), scour repair, fender systems and minor structural improvements O Replacing a bridge (structure and/or fill) 4. Transportation corridor fringe parking facilities. 5. Construction of new truck weigh stations or rest areas. 6. Approvals for disposal of excess right-of-way or for joint or limited use of right- of-way, where the proposed use does not have significant adverse impacts. 7. Approvals for changes in access control. 8. Construction of new bus storage and maintenance facilities in areas used predominantly for industrial or transportation purposes where such construction is not inconsistent with existing zoning and located on or near a street with adequate capacity to handle anticipated bus and support vehicle traffic. 9. Rehabilitation or reconstruction of existing rail and bus buildings and ancillary facilities where only minor amounts of additional land are required and there is not a substantial increase in the number of users. 10. Construction of bus transfer facilities (an open area consisting of passenger shelters, boarding areas, kiosks and related street improvements) when located in a commercial area or other high activity center in which there is adequate street capacity for projected bus traffic. 11. Construction of rail storage and maintenance facilities in areas used predominantly for industrial or transportation purposes where such construction is 2 not inconsistent with existing zoning and where there is no significant noise impact on the surrounding community. 12. Acquisition of land for hardship or protective purposes, advance land acquisition loans under section 3(b) of the UMT Act. Hardship and protective buying will be permitted only for a particular parcel or a limited number of parcels. These types of land acquisition qualify for a CE only where the acquisition will not limit the evaluation of alternatives, including shifts in alignment for planned construction projects, which may be required in the NEPA process. No project development on such land may proceed until the 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 Proiect Information: Estimated Costs: Total Construction Right of Way Total Estimated Traffic: Current - 2,000 vpd Year 2025 - 4,000 vpd Dual -3% TTST -2% Design Speed: 60 mph Functional Classification: Rural Major Collector Studied Offsite Detour $ 725,000 $ 53,250 $ 778,250 NCDOT Guidelines for Evaluation of Offsite Detours for Bridge Replacement Projects considers multiple project variables beginning with the additional time traveled by the average road user resulting from the offsite detour. The studied offsite detour for this project would include SR 1116 and NC 50. The detour for the average road user would result in less than five minutes additional travel time (2.4 miles additional travel) which falls within the range of acceptable delay for a construction duration of one year on this project. According to the Transportation Director for Johnston County Schools, there are 18 school bus crossings per day over Bridge No. 52. However, closing the road will not be a problem. The school buses can be rerouted. Johnston County Emergency Management stated that the use of an offsite detour would not pose any negative impacts. There is a designated water point for the Meadow Fire Department located southwest of the existing bridge. If necessary, temporary arrangements can be made to access water from Parker Pond from the northwest side of the bridge. Division Office Comments: The Division Four Construction Office concurs with replacing Bridge No. 52 at the existing location and elevation while detouring traffic offsite during construction. Bridge Demolition: Bridge No. 52 has a superstructure composed of reinforced concrete deck on steel I-beams with reinforced concrete rails. The substructure is composed of reinforced concrete caps on timber piles and reinforced concrete end bents. Based on current construction practices, the existing bridge can be removed without dropping any concrete into Little Swamp. Therefore, there is no anticipated temporary fill associated with the removal of Bridge No. 52. Alternates Eliminated from Further Study The no-build alternate for this project is not practical or feasible. The existing bridge will continue to deteriorate necessitating eventual closure of the bridge. This is unacceptable due to the traffic that NC 96 serves. Rehabilitation of the existing structure is not feasible due to the timber pile substructure. Replacing the structure on new location is not practical- due to the existing horizontal tangent alignment, impacts to the historic property to the west of the existing bridge, and availability of a reasonable offsite detour. Maintaining traffic onsite with a temporary detour is not practical due to the wetlands on the east side of the bridge and the historic property on the west side of the bridge. Additionally, there is a feasible offsite detour as discussed under Studied Offsite Detour. 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 natural resource? 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 measures to avoid and minimise wetland takings been evaluated? X (5) Will the project require the use of U. S. Forest Service lands? ? X (6) Will the quality of adjacent water resources 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 Resources Act resources? 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 th? :roject 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 thoroughfare 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 6 (26) Is there substantial controversy on social, economic, or environmental grounds concerning the project? X (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 or pre-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 Responses in Part E ITEM NO. 2. A mussel survey was conducted on October 6, 2003 in the project vicinity. No evidence of Dwarf wedgemussel or Tar River spinymussel was found. The site exhibited very low mussel diversity and abundance. The Biological Conclusion for both threatened and endangered mussel species is "May Affect-Not Likely to Adversely Affect." 3. North Carolina Division of Marine Fisheries stated that anadromous fish are found in this section of Little Swamp. Therefore, an in-stream work moratorium from February 15 to June 15 will be in effect. NCDOT will adhere to the "Stream Guidelines for Anadromous Fish Crossings." 9.* NCDOT's GeoEnvironmental Unit stated that an old gas station is located in the project vicinity. Records state that the underground tanks have been removed. However, metallic readings were registered during the field visit, which suggest the possible presence of a UST. The site should not be impacted unless a temporary detour is located on the west side of the existing bridge. The recommended alternate is to replace the bridge in the existing location. 7 Therefore, no impacts to UST's are anticipated at this time. If the scope of the project changes, the GeoEnvironmental Unit should be notified for further coordination. 28. & The State Historic Preservation Society (SHPO) concurs that Parker's Mill, 30. located on the west side of NC 96, is eligible for the National Register of Historic Places under Criteria A and C. The proposed design avoids impacts to the existing dam and buildings by replacing the bridge in the existing location and at approximately the same roadway elevation. SHPO has concurred with the "No Adverse Affect" call on the condition that a two-bar metal bridge rail be used on the proposed structure instead of the standard New Jersey Barrier. 8 G. CE Approval TIP Project No. B-4164 State Project No. 8.1313301 WBS No. 33512.1.1 Federal Project No. BRSTP-96(6) Project Description: This project proposes to replace Bridge No. 52 on NC 96 over Little Swamp in Johnston County. The bridge will be replaced with a 100-foot long bridge at the existing location and approximate the same low chord elevation. The cross section of the new bridge will include two 12-foot lanes with 3.0-foot minimum offsets. The approach roadway will be widened to accommodate a 24-foot pavement width consisting of two 12-foot lanes with eight-foot shoulders. The approach work will consist of earthwork, paving, some resurfacing and tapering back to the existing roadway for approximately 370 feet to the south and 700 feet to the north. Guardrail will be installed where warranted. Traffic will be detoured offsite during construction (See Section D, Studied Offsite Detour). Cateeorical Exclusion Action Classification: TYPE II(A) X TYPE II(B) Approved: 2 /ts/off Date Z 123105 Date ect Planning Unit Head ect Development & Environmental Analysis Branch ect Development, & Environmental Analysis Branch For Type II(B) projects only: Date 9 Federal Highway Administration PROJECT COMMITMENTS Johnston County Bridge No. 52 on NC 96 Over Little Swamp Federal Aid Project No. BRSTP-96(6) State Project No. 8.1313301 WBS No. 33512.1.1 T.I.P. No. B-4164 Commitments Agreed to During the Proiect Planning Process Division 4 Construction Engineer, Structure Design Unit The proposed structure should be designed to eliminate the need for construction equipment to be placed in the wetlands. Additionally, if practical, the use of work-pads and causeways should be avoided. If it is determined that these conditions cannot be met, then additional coordination with the United States Army Corps of Engineers will be required. No deck drains will be allowed to discharge directly into Little Swamp. Division 4 Construction Engineer, Structure Design Unit, Roadway Design Unit- 40 Swamp has potential as a travel corridor for anadromous fish. Therefore, an in- stream moratorium will be in effect from February 15 to June 15. The Stream Crossing Guidelines for Anadromous Fish Passage will be implemented, as applicable. Project Development and Environmental Analysis Branch The mussel survey for this project is valid until October 6, 2005. If the project is let after this date, a new survey will have to be conducted before construction can begin. Roadway Design Unit, Division 4 Construction Engineer An old gas station is located in the project vicinity. NCDENR records state that the underground storage tanks (UST's) have been removed. However, metallic readings were registered during the field visit, which suggest the possible presence of a UST. Based on the recommended alternate, there will be no impacts to UST's. If the scope of the project changes, the GeoEnvironmental Unit should be notified for further coordination. Greensheet Sheet 1/2 Programmatic Categorical Exclusion, PDEA March 2005 Division 4 Construction Engineer, Structure Design Unit, Roadway Design Unit NCDOT will use a two-bar metal bridge rail on the proposed structure instead of the standard New Jersey Barrier rail. This is to comply with The State Historic Preservation Office (SHPO) concurrence that the proposed bridge project will have "No Adverse Affect" to Parker's Mill. If there is a change from the current project scope (replacement in the existing location at approximately the same low steel elevation), additional coordination with SHPO will be required. At this point in time, there are no additional archaeology surveys required for this project. However, if the alignment shifts toward the historic Parker's Mill, NCDOT will be required to contact SHPO in order to re-evaluate the need for further surveys. ,;. -- Greensheet Programmatic Categorical Exclusion, PDEA March 2005 Sheet 2/2 IJ a r 1106 !? ?? 48 1 to& , slog 11147. WOO& 1 r- 'IT 407 I I a15 -A73 191 Ift tts 4 1114 ,fig Us •> 52 111E`i 1 t• 12 • 1 , 1-c3 `v 111 ? f}.. I 1154 J r f 1143 f t t? tt? ! +rl !4S / ` f } ~ 1 7• 4 M cnmm& floe L !. -•??y4I? tI • 11 ? 73 7Z • i 1143 ., .? h !' 11311 4- s t29p 1149 r ! 121 1 1 491 i42 ? 1136 11 11 t6 ,? 191 4? rte •- 48 : .2 ? 8 h )INT 5 ti r? l 1f?9? .fl s ? r 11 t ] 164• r • ? • r j ? 11 $ AdIkk r Studied Offsite Detour Nonce NORTH CAROLINA DEPARTMENT OF TR \ ANSPORTATION DM I H .: I S ON OF IGHWAYS PROJECT DEVELOPMENT & OFrn.^" EwiRoNMENTAL ANALYSIS BRANCH JOHNSTON COUNTY REPLACE BRIDGE NO. 52 ON NC 96 OVER LITTLE SWAMP B-4164 Figure 1 Michael F. Easley, Governor Lisbeth C. Evans, Secretary Jeffrey J. Crow, Deputy Secretary August 24, 2004 MEMORANDUM TO: Gregory Thorpe, Ph.D., Director Project Development and Environmental Analysis Branch NCDOT Division of Highways FROM: Peter B. Sandbeck? Pd- Office of Archives and History Division of Historical Resources David Brook, Director SUBJECT: Architectural Survey Report for Replacement of Bridge No. 52 on NC 96 over Little Swamp, B-4164, Johnston County, ER03-0948 Thank you for your letter of July 15, 2004, transmitting the survey report by Marvin A. Brown of URS Corporation. For purposes of compliance with Section 106 of the National Historic Preservation Act, we concur that the following property is on the State Study List and remains eligible for listing in the National Register of Historic Places under the criterion cited: Parker's Mill, west side of NC 96, 0.1 mile north of junction with SR 1116, Meadow Vicinity, is eligible for the National Register under.. Criteria A and C. The building is representative of the small non-textile mill industry in the early twentieth-century. In addition, the mill is an example of the small non-textile grist mill complexes-which included mills, spillways, and ponds. These complexes once dotted the county. We concur with the proposed National Register boundary for this property as described and delineated in the survey report. For purposes of compliance, with Section 106 of the National Historic Preservation Act, we concur that the following property is not eligible for listing in the National Register of Historic Places: NC 96 Bridge over Little Swamp, west side of NC 96, 0.1 mile north of junction with SR 1116, Meadow vicinity, is not eligible for the National Register because it is a replacement bridge and does not have a historic association with the Parker Mill Complex. The bridge was constructed in 1950 and is a common steel stringer bridge. North Carolina Department of Cultural Resources State Historic Preservation Office Peter B. Sandbeck, Administrator Location Mailing Address Telephone/Fax ADMINISTRATION 507 N. Mount Street, Raleigh NC 4617 Mail Service Center, Raleigh NC 276994617 (919)73347631733-8653 RESTORATION 515 N. Blount Street, Raleigh NC 4617 Mail Service Center, Raleigh NC 27699-4617 (919)733-6547/715-1801 SURVEY & PLANNING 515 N. Mount Street, Raleigh, NC 4617 Mad Service Center, Raleigh NC 27699-4617 (919)733-65451715-4801 The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill-Earley, environmental review coordinator, at 919/733-4763. In all future communication concerning this project, please cite the above referenced tracking number. PBS:w cc: Mary Pope Furr North Carolina Department of Cultural Resources State Historic Preservation Office David L. S. Brook, Administrator Michael F. Easley, Governor Lisbeth C. Evans, Secretary Jeffrey J. Crow, Deputy Secretary June 25, 2003 MEMORANDUM Division of Historical Resources David J. Olson, Director TO: Greg Thorpe, Manager Project Development and Environmental Analysis Branch NCDOT Division of Highways FROM: David Brook SUBJECT: Bridge 52 on NC 9 over Little Swamp, B-4164, Johnston County, ER03-0948 Thank you for your letter of April 7, 2003, concerning the above project. We have reviewed the subject project and note that there are the remains of a mill just upstream of The current bridge location. Mapping and photographic recording will be recommended should these remains be disturbed by the bridge replacement. The quality of the maps and other information provided eliminated a request for survey of the entire project area and significantly reduced our review time. We have conducted a search of our maps and files and located the following structure of historical or architectural importance within the general area of this project: Parker Mill QT898), Highway 96, Peacocks Crossroads Bridge 52 on NC 96 We recommend that a Department of Transportation architectural historian identify and evaluate any structures over fifty years of age within the project area, and report the findings to us. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill-Earley, environmental review coordinator, at 919/733-4763. In all future communication concerning this project, please cite the above referenced tracking number. www.hvo.dcr.state.nc.us Location Mailing Address . Telephone/Fax ADMINISTRATION 507 N. Blount St., Raleigh NC 4617 Mail Service Center, Raleigh NC 276994617 (919) 7334763 •733-8653 RESTORATION 515 N. Blount St., Raleigh NC 4613 Mail Service Center, Raleigh NC 27699-4613 (919) 733-6547 •715-4801 SURVEY & PLANNING 515 N. Blount St., Raleigh NC 4618 Mail Service Center, Raleigh NC 27699-4618 (919) 733-6545 •715-4801 Federal Aid #: BRSTP-96(6) TIP # : B-?t164 County: JOHNSTON CONCURRENCE FORM FOR ASSESSMENT OF EFFECTS Project Description: Replace Bridge No. 52 on NC 96 over Little Swamp On October 11, 2004 representatives of the. ® North Carolina Department of Transportation (NCDOT) ? Federal Highway Administration (FHWA) ® North Carolina State Historic Preservation Office (11PO) ? Other Reviewed the subject project and agreed ? There are no effects on the National Resister-listed property/properties located within the project's area of potential effect and listed on the reverse. ? There are no effects on the National Register-eligible property/properties located within the project's area of potential effect and listed on the reverse. ? There is an effect on the National Register-listed property/properties located within the project's area of potential effect. The property/properties and the effect(s).are listed on the reverse. There is an effect on the National Register-eligible property/properties located within the project's area of potential effect. The property/properties and effect(s) are listed on the reverse. Signed: Representative, FHWA, for e Division Admini , or other Federal Agency 1 v ! t v 4- Date 1(3 ?`Clll lC? tate Historic Preservation Officer Date Federal Aid #: BRSTP-96(6) TIP #: B-4164 County: JOHNSTON Properties within the area of potential effect for which there is no effect. Indicate if property is National Register-listed (NR) or determined eligible (DE). Properties within the area of potential effect for which there is an effect. Indicate property status (NR or DE) and describe the effect. M.'(( C DF-) Reason(s) why the effect is not adverse (if applicable). N D Q„aL jg*-s 4, eipe c-,t t?/ 0-he, a.- ?wv -L i S, pr.ri? eM?c? / s 1?c1?` JI ?JU t t/e? 1 L o? f-"rK Initialed: NCDOT J AC FHWA HPO t-, ••.l NORTH CAROLINA DIVISION FINAL NATIONWIDE SECTION 4(f) EVALUATION AND APPROVAL FOR FEDERALLY-AIDED HIGHWAY PROJECTS WITH MINOR INVOLVEMENTS WITH HISTORIC SITES F. A. PROJECT: BRSTP-96(6) STATE PROJECT: 8.1313301 T. I. P. NO.: B-4164 Description: Replacement of Bridge No. 52 on NC 96 over Little Swamp in Johnston County. 1. Is the proposed project designed to YES NO improve the operational characteristics, safety, and/or physical condition of the X ? existing highway facility on essentially the same alignment? 2. Is the project on new location? _ F-1 X 3. Is the historic site adjacent to the existing highway? X ? 4. Does the project require the removal or alteration of historic buildings, ? X structures, or objects? - 5. Does the project disturb or remove archaeological resources which are F1 X important to preserve in place rather - than to recover for archaeological research? 6. a. Is the impact on the Section 4(f) site considered minor (i.e. no effect, X ? no adverse effect)? b. If the project is determined to have "no adverse effect" on the historic F-1 X site, does the Advisory Council on Historic Preservation object to the determination of "no adverse effect"? 7. Has the SHPO agreed, in writing, with the assessment of impacts and the proposed X ? mitigation? 8. Does the project require the preparation of an EIS? F-I X ALTERNATIVES CONSIDERED AND FOUND NOT TO BE FEASIBLE AND PRUDENT The following alternative(s) were evaluated and found not to be feasible and prudent: Yes No 1. Do nothing X ? Does the "do nothing" alternative: (a) correct capacity deficiencies? ? X or (b) co.Lrcct existing safety hazards? ? X or (c) correct deteriorated conditions? ? X and (d) create a cost or impact of extraordinary measure? 2. Improve the highway without using the adjacent historic site (a) Have minor alignment shifts, changes in standards, use of retaining walls, X ? etc., or traffic management measures been evaluated? (b) The items in 2(a) would result in: (circle, as appropriate) (i) substantial adverse environmental impacts o Siiunique substantial increased costs o engineering, transportation, maintenance, or safety problems or (iv) substantial social, environmental, or economic impacts or (v) a project which does not meet the need or (vi) impacts, costs, or problems which are of extraordinary magnitude Yes No 3. Build an improved facility on new location without using the historic site X (a) An alternate on new location would result in: (circle, as appropriate) (i) a project which does not solve the existing problems or (ii) substantial social, environmental, or economic impacts or (iii a substantial increase in project cost or engineering difficulties and (iv) such impacts, costs, or difficulties of truly unusual or unique or extraordinary magnitude NIINMZATION OF HARM Yes No 1. The project includes all possible planning to minimize harm necessary to preserve the X ? historic integrity of the site. 2. Measures to minimize harm have been agreed to, in accordance with 36 CFR X ? Part 800, by the FHWA, the SHPO, and as appropriate, the ACHP. 3. Specific measures to minimize harm are described as follows: a. The proposed vertical alignment is essentially the same as the existing vertical alignment, thereby minimizing the extent of the cut/fill slopes. b. Traffic will be detoured offsite on surrounding roads during construction, eliminating impacts from a temporary, onsite detour. 1 J n ? c. The proposed structure was lengthened so that the required offsets on the bridge were reduced. This allowed for the proposed typical section for the approach roadway work to be reduced. The smaller typical section reduced the impacts on the historic site from the cut/fill slopes. d. A two-bar metal bridge rail will be used on the proposed bridge as requested by SHPO for mitigation of impacts to the historic site. COORDINATION The proposed project has been coordinated with the following (attach correspondence): a. State Historic Preservation Officer see attachment b. Advisory Council on Historic Preservation Sent concurrence form c. Property owner NA d. Local/State/Federal Agencies see attachment e. US Coast Guard not applicable (for bridges requiring bridge permits) SUMMARY AND APPROVAL The project meets all criteria included in the programmatic 4(f) evaluation approved on October 11, 2004. All required alternatives have been evaluated and the findings made are clearly applicable to this project. There are no feasible and prudent alternatives to the use of the historic site. The project includes all possible planning to minimize harm, and the measures to minimize harm will be incorporated in the project. All appropriate coordination has been successfully completed with local and state agencies. Approved: Date Manager, Planning & Environmental Branch, NCDOT Date, Division Administrator, FHWA ? r U 'C March 31, 2006 DWQ Project No. 20060314 CERTIFIED MAIL - RETURN RECEIPT REQUESTED Mr. R. E. Greene, PE, Division Engineer NCDOT, Division 4 PO Box 3165 Wilson, NC 27895-3165 Subject: Replacement of Bridge 52 on NC 96 in Johnston County, TIP B-4164. Dear Mr. Greene: The Division of Water Quality has reviewed your submittal for a 401 Water Quality Certification and Neuse Buffer Authorization for the aforementioned project. Review of your application revealed it lacking necessary information required for making an informed permit decision. The permit application was deficient in the following areas: • Buffer impacts for the widened roadway approaches to the bridge are classified as allowable with mitigation. Please supply a mitigation plan for these impacts. Therefore, pursuant to 15A NCAC 21-1.0507(a)(5), we will have to place the permit application on hold until we are supplied the necessary information. You have 21 days to respond in writing with the requested information or notification to this office that the information is forthcoming. If, at the end of the 21 days, this office has not received this information in writing, we will assume you are withdrawing your application and it will be returned. Furthermore, until the information is received by the NC Division of Water Quality, we request (by copy of this letter) that the US Army Corps of Engineers place the permit application on hold. If you have any questions or require additional information, please contact Robert Ridings at (919) 733-9817. in W. Klimek, P.E. Director cc: William Wescott, US Army Corps of Engineers, Washington Field ffice Jamie. Guerrero, Division 4 Environmental Officer NC Wildlife Resources Commission DWQ Raleigh Regional Office copy File Copy -One Carolina Transportation Permitting Unit NQtIfCII??I,J 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919.733-6893 / Internet: httg://h2o.enr.state.nc.us/ncwetiands wnuam u. Hoss jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality An Equal Opportunity/Affirmative Action Employer - 50% Recycled/100% Post Consumer Paper `T + File STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY GOVERNOR October 1, 2003 MEMORANDUM TO: FROM: Subject: Karen B. Capps, PE Project Development Engineer LYNDO TIPP= SECRETARY Replacement of Bridge No. 52 on NC 96 over Little Swamp, Johnston County, State Project No. 8.1313301 F. A. Project No. BRSTP-96(6), TIP No. B-4164 d ?m?4 puw A scoping meeting was held for the subject bridge replacement on August 7, 2003 in the Roadway Design Conference room. The following people were in attendance. Ray McIntrye Program Development Jeanie Tyson Roadway Design Tinnettte Hayes Right of Way Ron Allen Roadway Design Karen Capps PDEA Sarah McBride SHPO Eugene Tarascio Geotechnical Derek Bradner Location & Surveys Tim Gardner PDEA/PICS Bruce Klappenbach Structure Design Ann Steedly PDEA/PICS Bill Goodwin PDEA Joe Futrell Traffic Control Karen Reynolds Congestion Mgmt. Mack Bailey Structure Design Steve Gurganus PDEA/PICS Wendi Johnson Division 4 Wayne Cody Bridge Maintenance GENERAL PROJECT INFORMATION Current Schedule Document: Right of Way: Construction: MAILING ADDRESS: NC DEPARTMENT OF TRANSPORTATION PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 1548 MAIL SERVICE CENTER RALEIGH NC 27699-1548 August 2004 February 2005 February 2006 TELEPHONE: 919-733-3141 FAX: 919-733-9794 WEBSITE. WWW.DOH.DOT.STATE.NC.US LOCATION: TRANSPORTATION BUILDING 1 SOUTH WILMINGTON STREET RALEIGH NC Bridge No. 52 was originally built in 1951. It is 75 feet long and 23.4 feet wide. The bridge is posted at 21 tons for single vehicle and 28 tons for TTST's. The sufficiency rating for the bridge is 45.6 out of a possible 100. The approach roadway width is approximately 18 feet with 6-foot to 8-foot grass shoulders. Traffic Information NC 96 is a Rural Major Collector with a posted speed limit of 55 mph. The current ADT is 1000 vpd and the projected 2025 ADT is 2000 vpd. There are currently 3% Duals and 2% TTST's. Seven school buses cross Bridge No. 52 eighteen times in one day; however, closing the road in order to replace the bridge does not create a problem. The buses can be rerouted. Accidents There were two accidents reported in a recent, three-year study period. Both accidents occurred at the intersection of NC 96 and SR 1116 and did not involve the existing bridge alignment and approaches. Cross Section of New Bridge According to March 2000 Bridge Policy Based on the NCDOT Bridge Policy, the minimum typical section for the proposed bridge should be able to carry two 12-foot (3.6-m) lanes with 8.0-foot (2.4-m) offsets. However, if the bridge exceeds 100 feet, the offsets may be able to be reduced. The final typical section will be coordinated between the Roadway Design Unit and the Hydraulic Design Unit. Possible Offsite Detour There are two offsite detours available. The first detour utilizes NC 50 and SR 1116. The detour length is approximately 2.4 miles and is the one recommended by Division 4. The second detour utilizes SR 1116, SR 1115 and NC 50. The pavement conditions are poor on this route and one intersection is heavily skewed. Therefore, detour route # 1 will be used for detouring traffic during construction. SCOPING COMMENTS Division 4 recommended that an offsite detour be used in this location. The detour length and associated costs are discussed above. There are aboveground utility lines on both sides of the existing bridge and an existing dam to the southwest of the existing bridge. Johnston County Emergency Services stated that, to date, no concerns have been voiced by the Meadow Fire Department or Benson EMS. They foresee no major complications with rerouting emergency responders. However, it was noted on the field trip that Parker Pond, located in the southwest quadrant, is designated as Water Point # 1 for the Meadow Fire Department. Further coordination with this particular unit may be required. Wendi Johnson, Division 4, indicated that temporary arrangements could be made to access the water from Parker Pond if required. The Geotechnical Unit stated that there is an old gas station in the project vicinity. The gas station was in operation from 1920-1990. Records state that the underground tanks 2 have been removed. However, metallic readings were registered during a field visit of the site that might suggest the presence of an UST. The structure was gutted by fire recently and may be slated for demolition. It is located approximately 250 feet south of the existing bridge. The site should not be impacted unless a temporary detour located on the west side of the existing bridge is used. This is highly unlikely due to the historic mill site located on this side. The US Army Corps of Engineers stated that this project is likely to impact wetlands and the document prepared must adequately show that the project will have minimal impact to the surrounding natural environment. The Wildlife Resources Commission stated that anadromous fish species are found in this area and all appropriate guidelines should be used during construction. An in-stream moratorium is required from February 15 to June 15. The Division of Water Ouality has not commented to date. The Division of Marine Fisheries has not commented to date. The National Marine Fisheries Service stated that there are no NMFS trust fishery resources in the project area. The U.S. Fish & Wildlife Service gave the standard comments concerning avoidance and minimization, resolving all Section 7 issues, and preferring bridges over culverts and offsite detours. The North Carolina Department of Cultural Resources The Historic Preservation Office conducted a search of their records and have determined that Parker Mill, adjacent to the existing bridge as well as the bridge itself are of historical or architectural importance. Therefore, further surveys will be required to reach a final determination of impacts. SHPO recommends recording any archaeological sites that are discovered in the vicinity of the old mill. The Natural Resources Technical Report The project falls within the Neuse River Basin. The Neuse River Buffer Rules must be adhered to on this project. This section of Little Swamp is classified as C NSW. There are no Watershed Critical Areas or water resources classified as High Quality Waters, Water Supplies, or Outstanding Resource Waters within 1.0 mile (1.5 km) of the project area. The existing project site has a pocket of riverine wetlands in the northeast quadrant of the project site. The proposed project is not anticipated to involve Essential Fish Habitat; however, this reach of Little Swamp has potential support multiple species of fish that require moratoriums on in stream work. NC DOT will be responsible for conducting additional surveys to determine which species are present and the appropriate moratoriums. The biological conclusion for the Red-cockaded Woodpecker is "no effect." The biological conclusion for the Dwarf wedge mussel and Michaux's sumac are unresolved. These Section 7 issues will be resolved with additional surveys by qualified biologists. The biological conclusion for the Tar River spinymussel is reported as "no effect." However, based on recent findings by NCDOT biologist, the biological conclusion has been changed to "unresolved." Removal of the existing causeway to lengthen the bridge will not be beneficial relative to 3 the wetlands located in the northeast quadrant. The moratoriums outlined in the NRTR are for all fish species that could occur in North Carolina. NCDOT will clarify the moratorium dates for the species in the project vicinity. The Location Surveys Unit stated that overhead power lines are located on the eastern side of the existing bridge. Underground telephone lines are located on both sides of NC 96. The telephone lines cross Little Swamp on poles. No other utilities were observed. The Hydraulics Unit recommends replacing the existing bridge with a bridge 90 feet in length in the existing location and at the existing low steel elevation. No deck drains will be allowed to discharge into Little Swamp. If a temporary onsite detour is required, the required detour structure should be located downstream of the existing bridge with a length of 60 feet. No hazardous material spill basins will be required on this project. The Community Impact Assessment stated that there should be no adverse effect to the local community if an offsite detour is used during the construction of the bridge. The NC DOT Rail Division confirmed that there are no rail interaction anticipated on this project. ALTERNATES FOR EVALUATION The Roadway Design Unit stated that preliminary plans will be ready for this project in November of 2003. The following alternate will be carried forward for further study. 1. Replace the existing bridge with a new bridge in the same location and at the same elevation. Detour traffic offsite during construction. ALTERNATES ELIMINATED FROM FURTHER STUDY The following alternatives were eliminated from further study. 1. Replacing the existing bridge with a new bridge in the existing location and elevation using an onsite detour to maintain traffic. This was eliminated due to the historical mill site and the availability of a feasible, offsite detour. NEXT STEPS 4 1. PDEA will request additional surveys of the old mill site to determine its boundaries and present these findings to SHPO to obtain an effect call. Additional steps will be dependent on the outcome of the effect call. 2. PDEA will request mussel surveys for the Tar spinymussel. 3. PDEA will send the Roadway Design Unit and the Hydraulics Unit the wetland delineation files for use in the preliminary design phase. 5 United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 November 30, 2004 Gregory J. Thorpe, Ph.D. North Carolina Department of Transportation Project Development and Environmental Analysis 1598 Mail Service Center Raleigh, North Carolina 27699-1598 Dear Dr. Thorpe: This letter is in response to your letter of November 15, 2004 which provided the U.S. Fish and Wildlife Service (Service) with the biological determination of the North Carolina Department of Transportation (NCDOT) that the replacement of Bridge No. 52 on NC 96 over Little Swamp in Johnston County (TIP No. B-4164) may affect, but is not likely to adversely affect the federally endangered dwarf wedgemussel (Alasmidonta heterodon) and 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 provided, a mussel survey was conducted at the project site on October 6, 2003. The survey extended approximately 400 meters downstream of NC 96. An old mill dam exists immediately upstream of the crossing. Neither of the federally listed species was found, and habitat quality for the two species was not optimal. Based on the information provided and other information available, the Service concurs with your determination that the proposed bridge replacement may affect, but is not likely to adversely affect the dwarf wedgemussel and Tar spinymussel. We believe that the requirements of section 7(a)(2) of the ESA have been satisfied for these species. 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. 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). *Petenjamin Ecological Services Supervisor cc: Mike Bell, USACE, Washington, NC Nicole Thomson, NCDWQ, Raleigh, NC Travis Wilson, NCWRC, Creedmoor, NC Chris Militscher, USEPA, Raleigh, NC 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 ?_Orn_- ? k)x'?4 cJyj- . W ? APPROVAL of 401 WATER CONDITIONS Mar 22, 6 John ounty DWQ Project No. 20060314 aylJ_ Ao-r>R21 ZA-n6N ---- CERTIFICATIOANEUSE BUFFER "Elffir ith ADDITIONAL Mr R. E. Greene, P.E., Division Engineer NCDOT, Division 4 PO Box 3165 Wilson, NC 27895-3165 Dear Mr. Greene: I You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of replacing Bridge 52 in Johnston County: N t?lCa 10 Open Water (Ponds) Impacts in the Neuse River Basin Neuse Riparian Buffer Im acts Site Zone 1 minus = Zone 1 Zone 1 Buffer Zone 2 minus = Zone 2 Zone 2 Buffer Impact Wetlands Buffers (not Mitigation Impact Wetlands Buffers (not Mitigation (sq ft) in Zone 1 wetlands) Required (sq ft) in Zone 2 wetlands) Required (s ft) (s ft) (using 3:1 ratio) (s ft) (s ft) (using 3:1 ratio) B-416 00 0 00 N/A 665 0 665 N/A o als 00 0 00 N/A 665 0 665 N/A * n/a = Total for Site is less than 1/3 acre and 150 linear feet of impact, no mitigation required Total Buffer Impact for Project: 1965 square feet. The project shall be constructed in accordance with your application dated received February 27, 2006. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Number 3494. This certification corresponds to the Nationwide Permit 3 issued by the Corps of Engineers. This approval is also valid for the Neuse Riparian 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 permitsimless One thCarolina No Transportation Permitting Unit atU41911Y 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786/ FAX 919-733-6893/ Internet: http://h2o.enr.state.nc.us/ncwetlands V 5 Site Permanent Impact in Open Waters (ac) Temporary Fill in Open Waters (ac) Total Fill in Open Waters (ac) 13+90 0.0096 (rip rap) 0.0096 Total 0.0096 0.0096 Total Open Water Impact for Project: 0.0096 acres. An Equal Opportunity/Affirmative Action Employer-50% Recycled/10% Post Consumer Paper Q V `yam V u?? J CA .? 3 F W A TF Michael F. Easley, Governor \O?? RQG William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources r Alan W. Klimek, P.E. Director > ` _ UK, Division of Water Quality bU 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 as well as those listed below. 1. If concrete is used during construction, a dry work area should be maintained to prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete should not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. 2. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or protected riparian buffers. 3. The dimension, pattern and profile of the stream above and below the crossing should not be modified. Disturbed floodplains and streams should be restored to natural geomorphic conditions. 4. The use of rip-rap above the high water mark shall be minimized. Any rip-rap placed for stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. 5. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the most current version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation in flowing water. 6. Heavy equipment shall be operated from the banks rather than in the stream channel in order to minimize sedimentation and reduceentroduction of other pollutants into the stream. -m- 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. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification. 9. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 10. NCDOT and its authorized agents shall conduct its activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act) and any other appropriate requirements of State and Federal law. If DWQ determines that such standards or laws are not being met (including the failure to sustain a designated or achieved use) or that State or federal law is being violated, or that further conditions are necessary to assure compliance, DWQ may reevaluate and modify this certification. s op s o e m?urisdictional wetlands shall be placed at slopes no flatter than 3:1, unless o se authorized by this ertWcatwxa,. 12. 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. - One NofthCarolina Transportation Permitting Unit Naturally 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919-733-6893 / Internet: http://h2o.enr.state.nc.us/ncwetiands An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper wAr F Michael F. Easley, Governor l o?o RPG William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources \ ? Alan W. Klimek, P.E. Director Division of Water Quality O `C 13. 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. 14. Upon completion of the project, the NCDOT Division Engineer shall complete and return the enclosed "Certification of Completion Form" to notify DWQ when all work included in the 401 Certification has been completed. 15. Native riparian vegetation must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 16. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with this permit without appropriate modification. Should waste or borrow sites be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction activities. 17. 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. 18. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practical. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored upon completion of the project. 19. Strict adherence the DOT's BMPs for bridge demolition as approved by the Corps of Engineers is a condition of the 401 Water Quality Certification. 20. Bridge deck drains should not discharge directly into the stream. Stormwater should be directed across the bridge and pre-treated through site-appropriate means (grassed swales, pre-formed scour holes, vegetated buffers, etc.) before entering the stream. Please refer to the most current version of Stormwater Best Management Practices. 21. The NCDOT will need to adhere to all appropriate in-water work moratoriums (including the use of pile driving or vibration techniques) prescribed by the NC Wildlife Resources Commission, the US Fish and Wildlife Service, and National Marine Fisheries Service. No in-water work is permitted between February 15 and June 15 of any year, without prior approval from the NC Division of Water Quality and the NC Wildlife Resources Commission. In addition, NCDOT shall conform with the NCDOT policy entitled "Stream Crossing Guidelines for Anadromous Fish Passage (May 12, 1997) at all times. One rhCarolina Nao Transportation Permitting Unit dV turaily 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919-733-6893 / Internet: http://h2o.enr.state.nc.us/ncwetiands An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Val A TF Michael F. Easley, Governor `O?0 9QG William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources moo ram„ Alan W. Klimek, P.E. Director Division of Water Quality 22. All stormwater runoff shall be directed as sheetflow through stream buffers at nonerosive velocities, unless otherwise approved by this certification. 23. All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the preconstruction contours and revegetated. 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. 24. Pursuant to NCACI5A 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. 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, 6714 Mail Service Center, Raleigh, N.C. 27699. 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 Rob Ridings at (919) 733-9817. Sincerely, Alan W. Klimek, P.E. Attachments (General Certification and Certificate of Completion form) cc: William Wescott, US Army Corps of Engineers, Washington Field Office Travis Wilson, NC Wildlife Resources Commission ; __'jl V • ?? DWQ Raleigh Regional Office cppk..,k„ W A,0 In V'F,C-r-1 C>OA File Copy NonrthCarolina Transportation Permitting Unit Natura!!lf 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 /FAX 919-733-6893 /Internet htto://h2o.enr.state.nc.us/ncwetiands An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper 0?0? wAr RQG DWQ Project No.: Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: 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 County: Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401 Transportation Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: Agent's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: Engineer's Certification Partial Final I, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project,for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature Date Registration No. NorthCarolina Transportation Permitting Unit Natumillff 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919-733-68931 Internet: http://h2o.enr.state.nc.us/ncwetlands An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper