20081706 Ver 1_Application_20081117

STATE OF NORTH CAROLINA
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DEPARTMENT OF TRANSPORTATION
MICHAEL F EASLEY
GOVERNOR
US Army Corps of Engineers
Raleigh Field Office
3331 Heritage Trade Dr, Suite 105
Wake Forest, NC 27587
ATTENTION Eric Alsmeyer
NCDOT Coordinator
Dear Sir
November 5, 2008
LYNDO TIPPETT
SECRETARY
081706
Subject Application for Section 404 Nationwide Permits 23 and 33 and Section 401 Water Quality
Certification for the replacement of Bridge No 4 over Shocco Creek on US 401, Warren County
Federal Aid Project Number BRSTP-0401(145), VMS No 33644 1 1, State Project No 8 1411001,
Division 5, T I P No B-4307
Debit $240 00 from WBS 33644 1 1
The North Carolina Department of Transportation (NCDOT) proposes to replace the 71-foot, Bridge No 4
over Shocco Creek The project involves replacing the current bridge in its existing location, while using an
off-site detour to maintain traffic during construction
The proposed structure will be a single span bridge approximately 135 feet long on 54-inch steel plate girders
with pile end bents The bridge will provide two 12-foot lanes with 5-foot offsets The existing roadway will
be widened to a 24-foot paved road with two 12-foot lanes, with 8-foot shoulders on each side The shoulders
will be grass except where there is guardrail which will be paved to the face of guardrail
The proposed bridge will span Shocco Creek, no bents will be located within the channel Please see the
enclosed pre-construction notification, Notification of Jurisdictional Determination, U S Fish and Wildlife
(USFWS) Biological Opinion (BO), Ecosystem Enhancement Program (EEP) acceptance letter, permit
drawings, and design plans for the subject project A Categorical Exclusion (CE) was completed for this
project in February 2008 and distributed shortly thereafter Additional copies are available upon request
IMPACTS TO WATERS OF THE UNITED STATES
The project is located in the Tar-Pamlico River Basin (sub-basin 03-03-04) This area is part of Hydrologic
Cataloging Unit 03020102 of the South Atlantic-Gulf Coast Region The section of Shocco Creek crossed by
the subject bridge has been assigned Stream Index Number 28-79-22 by the N C Division of Water Quality
(NCDWQ) Shocco Creek has a best usage classification of C NSW
MAILING ADDRESS LOCATION
NC DEPARTMENT OF TRANSPORTATION TELEPHONE [phone] Or 2728 CAPITAL BLVD SUITE 240
PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 919-715-1335 RALEIGH NC 27604
NATURAL ENVIRONMENT UNIT
1598 MAIL SERVICE CENTER FAX [phone]
RALEIGH NC 27699-1598
WEBSITE WWW NCDOT ORG
No designated Outstariding Resource Waters (ORW), High Quality Waters (HQW), Water Supply I (WS-I), or
Water Supply,,(WS-II), waters occur within 1 0 mile of the study corridor Shocco Creek is not listed on the
Final 2006,303(d) list of impaired waters for the Tar-Pamlico River Basin, nor does it drain into any 303(d)
waters,within 1-mile of the project area
f
The North Carolina Natural Heritage Program (NCNHP) recognizes Shocco Creek as a Significant Natural
Heritage Area of National Significance Nationally significant aquatic natural areas contain examples of rare
aquatic plant or animal populations that are among the highest quality or best of their kind in the nation or
clusters of such elements that are among the best in the nation
US Army Corp of Engineers (USACE) representative Eric Alsmeyer reviewed the project area and determined
that,'due to the impoundment as a result of beaver activity in the project area, Shocco Creek no longer
functions as a stream and is now characterized as a wetland This wetland system is the only jurisdictional
feature within the project area
A Notification of Jurisdictional Determination (JD) was issued for these features on August 21, 2003 The JD
expired on August 21, 2008, however site conditions for this project have not changed considerably since the
original JD, therefore, NCDOT does not request the Comps to evaluate the site using the Rapanos guidance
Instead, NCDOT is satisfied with the delineation as reviewed and approved prior to June 5, 2007, and ask that
you evaluate this permit verification based on that review
Permanent Impacts
There will be 0 31 acre of permanent fill in riparian wetlands resulting from the construction of the abutments
and approaches
Temporary Impacts
There will be 0 21 acre of temporary fill in riparian wetlands associated with the installation of erosion control
devices However, standing water in the project area may preclude the installation of erosion control devices
and therefore, permitting 0 21 acre of temporary fill would address potential temporary fill resulting from
material washed off slope into the area between toe and easement where water is standing Any project
related material deposited in this area will be reclaimed prior to project completion If erosion control devices
cannot be installed, measures will be taken to mnurmuze slope material washing into the wetland
Utihty Impacts
There will be no impacts to j unsdictional resources resulting from the removal or relocation of utilities within
the project area
Bridge Demolition
The existing Bridge No 4 was built in 1934 and is 71 feet in length It is a four span structure that consists of
a concrete floor on timber joists with an asphalt wearing surface The end bents and interior bents consist of
timber caps on timber piles There are three bents located in the water
During the removal of the old bridge, the existing bents will be cut at substrate level to minimize disturbance
to the substrate
B-4307 Permit Application
Page 2 of 5
All components of the bridge will be removed without dropping any of their components into Waters of the
United States Best Management Practices for Bridge Demolition and Removal and Protection of Surface
Waters will be followed
IMPACTS TO TAR-PAMLICO RIPARIAN BUFFER
Shocco Creek is subject to the Tar-Pamlico Buffer Rules However, due to beaver activity at this location,
Shocco Creek has lost all stream function US Army Corp of Engineers (USACE) representative Eric
Alsmeyer reviewed the project area and determined that, due to the impoundment as a result of beaver activity
in the project area, Shocco Creek no longer functions as a stream and is now characterized as a wetland This
wetland system is the only jurisdictional feature within the project area NCDWQ representative Rob Ridings
reviewed the project area on June 10, 2008 and concurred that jurisdictional features within the project area
function as wetlands, therefore, the Tar-Pamlico Buffer Rules do not apply
MITIGATION OPTIONS
Avoidance and Minimization and Compensatorv Mitrgahon
The NCDOT is committed to incorporating all reasonable and practicable design features to avoid and
minimize j unsdictional impacts, and to provide full compensatory mitigation of all remaining, unavoidable
jurisdictional impacts Avoidance measures were taken during the planning and NEPA compliance stages,
minimization measures were incorporated as part of the project design
According to the Clean Water Act (CWA) §404(b)(1) guidelines, NCDOT must avoid, minimize, and
mitigate, in sequential order, impacts to waters of the US The following is a list of the project's jurisdictional
stream and the Tar-Pamlico Buffer avoidance/mmmmmzatmon activities proposed or completed by NCDOT
Avoidance/Minimization
• Temporary construction impacts due to erosion and sedimentation will be minimized through
implementation of stringent erosion control methods and use of Best Management Practices (BMPs)
• Design Standards in Sensitive Watersheds will be implemented
• The proposed bridge will span Shocco Creek with no bents located in the channel
• The proposed bridge will be 64 feet longer increasing the floodplamn under the bridge
• The bridge will be replaced in its existing location mninimuzmg impacts to wetlands and buffers
• Traffic will be detoured offsmte during construction
U S Fish and Wildlife Service has also requested the following measures be taken to minimize the affect of the
proposed project on the federally protected dwarf wedgemussel (Alasmrdonta heterodon)
• Existing bents within the stream channel will be cut at substrate level to minimize disturbance to the
substrate
• Existing abutments will be removed in stepwise fashion to reduce the potential for sedimentation
• Deck drains will not be allowed to discharge directly into the stream
• ""Environmentally Sensitive Areas"", defined as a 50-foot buffer zone on both sides of the stream
measured from top of the stream bank, will be identified on the Sedimentation and Erosion Control Plans
for this project
• In areas identified as "Environmentally Sensitive Areas", the Contractor may perform clearing operations,
but not grubbing operations until immediately prior to beginning grading operations
• Once grading operations begin in identified "Environmentally Sensitive Areas", work shall progress in a
continuous manner until complete
B4307 Permit Application
Page 3 of 5
• In areas identified as "Environmentally Sensitive Areas", erosion control devices shall be installed
immediately following the clearing operation
• In areas identified as "Environmentally Sensitive Areas", seeding and mulching shall be performed on the
areas disturbed by construction immediately following final grade establishment
• In areas identified as "Environmentally Sensitive Areas", seeding and mulching shall be done in stages on
cut and fill slopes that are greater than 20 feet in height measured along the slope, or greater than 2 acres
in area, whichever is less
• NCDOT will ensure that the contractor understands and follows the measures listed in the "Conservation
Measures" section of the BO
• NCDOT will ensure that a Division Environmental Officer maintains a level of oversight to ensure that all
appropriate erosion control measures are fully implemented to avoidhmmmize sedimentation of the
stream
CoMpensatory Mitigation
NCDOT has avoided and minimized impacts to j unsdictional resources to the greatest extent possible as
described above Unavoidable, impacts to 0 31 acre of riparian wetlands will be offset by compensatory
nutigation provided by the EEP program The EEP acceptance letter is attached
FEDERALLY PROTECTED SPECIES
Plants and ammals with federal classifications of Endangered (E), Threatened (T), Proposed Endangered (PE),
and Proposed Threatened (PT) are protected under provisions of Section 7 and Section 9 of the Endangered
Species Act of 1973, as amended The United States Fish and Wildlife Service (USFWS) website (updated
May 10, 2007) lists three species for Warren County Table 2 lists the species and their federal status
Table 2. Federally Protected Species in Warren County, NC
Common Name Scientific Name Federal Status* Biological Conclusion Habitat
Present
Elliptio May affect, not likely to
Tar spmymussel steinstansana E adversely affect Yes
Dwarf Alasmidonta May affect, likely to
wed emussel heterodon E adversely affect Yes
*E= endangered
Surveys for the Tar spinymussel and the dwarf wedgemussel were conducted in July 2005 and April 2007 No
specimens of Tar spmymussel were observed during surveys Habitat within the project area is marginal for
the Tar spmymussel North Carolina Natural Heritage Program (NCNHP) records (updated August 27, 2008)
indicate that no known populations of the Tar spmymussel occur within 1 mile of the project area Based on
the presence of potential habitat, a biological conclusion of "May affect, not likely to adversely affect" has
been issued Concurrence was issued by the USFWS BO on November 14, 2007
Dwarf wedgemussel was observed within the project area during the 2005 and 2007 surveys Well
documented populations of dwarf wedgemussel exist in Shocco Creek upstream and downstream of the
project area NCNHP records indicate that three known populations of dwarf wedgemussel occur within 1 mile
of the existing bridge Therefore, based on the presence dwarf wedgemussels in the project area and known
populations of dwarf wedgemussel within 1 mile of the project area, a biological conclusion of "May affect,
likely to adversely affect" has been issued NCDOT submitted a Biological Assessment (BA) on September
27, 2007 The USFWS issued the BO on November 14, 2007 Unanticipated wetland impacts were addressed
in an addendum to the BA dated October 3, 2008 In a letter dated October 27, 2008, USFWS indicated that
B-4307 Permit Application
Page 4 of 5
the conclusions in the BA and BO remained valid despite the additional wetland impacts No further surveys
are required
SCHEDULE
The project calls for a letting of June 16, 2009 (review date of June 2, 2009) with a date of availability of July
21, 2009 It is expected that contractor will choose to start construction in July 2009
REGULATORY APPROVALS
Section 404 Permit The project has been processed by the Federal Highway Administration as a "Categorical
Exclusion" in accordance with 23 CFR 771 115(b) The NCDOT requests that permanent riparian wetland
impacts by authorized by NWT 23 and temporary riparian wetland impacts by NWP 33 (72 FR 11092-11198,
March 12, 2007)
Section 401 Perrmt We anticipate 401 General Certification numbers 3701 and 3688 will apply to this
project Written concurrence from the NCDWQ is required In accordance with 15A NCAC 2H, Section
0500 (a) and 15A NCAC 2B, Section 0200, we are providing five copies of this notice to the North Carolina
Department of Environment and Natural Resources (NCDENR), NCDWQ for their review
A copy of this permit application will be posted on the NCDOT website at
http //www ncdot org/doh/preconstruct/pe/ If you have any questions or need additional information, please
call Enca McLamb at 715-1521
Sincerely
Ajz
Gregory J Thorpe, PhD
Environmental Management Director, PDEA
w/attachment
Mr Brian Wrenn, NCDWQ (5 Copies)
Mr J Wally Bowman, PE, Division Engineer
Mr Chris Murray, DEO
w/o attachment (see website for attachments)
Dr David Chang, P E, Hydraulics
Mr Mark Staley, Roadside Environmental
Ms Laura Sutton, P E, Structure Design
Mr Victor Barbour, P E , Protect Services Unit
Ms Tatia White, P E , Roadway Design
Mr Mated Alghandour, P E, Programming and TIP
Mr Art McMillan, P E , Highway Design
Mr Scott McLendon, USAGE, Wilmington
Mr Gary Jordan, USFWS
Mr Travis Wilson, NCWRC
Mr Tracy Walter, PDEA
Ms Beth Harmon, EEP
Mr Todd Jones, NCDOT External Audit Branch
B-4307 Permit Application
Page 5 of 5
Office Use Only: Form Version March 05
USACE Action ID No. DWQ No. 2 0 0 8 1 7 0 6
tit any particular item is not applicable to this project please enter "Not Applicable" or "N/A" )
I. Processing
1 Check all of the approval(s) requested for this project
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
2 Nationwide, Regional or General Permit Number(s) Requested NW23 and 33
3 If this notification-is solely a courtesy copy because written approval for the 401 Certification
is not required, check here ?
4 If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here
5 If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here ?
II. Applicant Information
Owner/Applicant Information
Name Gregory J Thorpe PhD Environmental Management Director
Mailing Address 1598 Mail Service Center
Raleigh NC 27699-1548
Telephone Number [phone] Fax Number [phone]
E-mail Address
2 Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant )
Name
Company Affiliation
Mailing Address
Telephone Number Fax Number
E-mail Address
Updated 11 / ( /2005
Page 1 of 9
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 Replacement of Bridge No 4 over Shocco Creek on US 401
2 T I P Project Number or State Project Number (NCDOT Only) B-4307
3 Property Identification Number (Tax PIN)
4 Location
County Warren Nearest Town Elberon
Subdivision name (include phase/lot number)
Directions to site (include road numbers/names, landmarks, etc) US 401 to Bridge No 4
5 Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody )
Decimal Degrees (6 digits minimum) 36 2918 ON 78 2266°W
6 Property size (acres) N/A
7 Name of nearest receiving body of water Shocco Creek
8 River Basin Tar Pamlico River
(Note - this must be one of North Carolina's seventeen designated mayor river basins The
River Basin map is available at http //h2o enr state nc us/admm/mal)s/ )
9 Describe the existing conditions on the site and general land use in the vicinity of the protect
at the time of this application This protect is located in an rural area that consists mainly
of forested areas, agriculture, and some residential development
10 Describe the overall project in detail, including the type of equipment to be used
Updated 11/1/2005
Page 2 of 9
Bridge No 4 will be replaced on existing location with an offsite detour Heavy duty
excavation equipment will be used such as trucks dozers cranes and other various
equipment necessary for roadway construction
I I Explain the purpose of the proposed work To replace a deteriorating bridge
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn Provide photocopies of previously issued permits,
certifications or other useful information Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable) If this is a NCDOT project,
list and describe permits issued for prior segments of the same T I P project, along with
construction schedules N/A
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application
N/A
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project Each impact must be
listed separately in the tables below (e g , culvert installation should be listed separately from
nprap dissipater pads) Be sure to indicate if an impact is temporary All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems
Wetland and stream evaluation and delineation forms should be included as appropriate
Photographs may be included at the applicant's discretion If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below If additional
space is needed for listing or description, please attach a separate sheet
1 Provide a written description of the proposed impacts Please refer to the attached
cover letter
Updated 11/1/2005
Page 3 of 9
2 Individually list wetland impacts Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc For dams,
separately list impacts due to both structure and floodinl?
Wetland Impact

Site Number
(indicate on map)

Type of Impact Type of Wetland

(e g , forested, marsh,
herbaceous, bog, etc) Located within

100-year
Floodplam
(yes/no) Distance to
Nearest

Stream
(linear feet) Area of
Impact

(acres)
Site 1 Permanent Fill Riparian Yes 1 ft 031
Site 1 Temporary Fill Riparian Yes 1 ft 021

Total Wetland Impact (acres) 0 52
3 List the total acreage (estimated) of all existing wetlands on the property 0 52 acre
4 Individually list all intermittent and perennial stream impacts Be sure to identify temporary
impacts Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e g, cement walls, np-rap, crib
walls, gabions, etc ), excavation, ditching/straightening, etc If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included To calculate acreage, multiDly length X width, then divide by 43.560
Stream Impact
Number
(indicate on ma)
Stream Name
Type of Impact Perennial or
Intermittent? Average
Stream Width
Before Impact Impact
Length
(linear feet) Area of
Impact
(acres)

Total Stream Impact (by length and acreage)
Updated 11/1/2005
Page 4 of 9
5 Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U S ) Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc
Open Water Impact
Site Number
(indicate on ma) Name of Waterbody
(if applicable) v
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc) Area of
Impact
(acres)

Total Open Water Impact (acres)
6 List the cumulative impact to all Waters of the U S resulting from the nroiect
Stream Impact (acres) 0
Wetland Impact (acres) 0 52
Open Water Impact (acres) 0
Total Impact to Waters of the U S (acres) 0 52
Total Stream Impact (linear feet) 0
7 Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet) Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE
8 Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections Also, the proposed pond should
be described here and illustrated on any maps included with this application
Pond to be created in (check all that apply) ? uplands ? stream ? wetlands
Describe the method of construction (e g, dam/embankment, excavation, installation of
draw-down valve or spillway, etc)
Proposed use or purpose of pond (e g, livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc )
Current land use in the vicinity of the pond
Size of watershed draining to pond Expected pond surface area
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts It 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
Updated 11/1/2005
Page 5 of 9
techniques to be followed during construction to reduce impacts Please refer to the attached
cover letter
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H 0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed Examples of mitigation that may be appropriate and practicable include,
but are not limited to reducing the size of the project, establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams, and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina (see DWQ website for most current
version )
Provide a brief description of the proposed mitigation plan The description should provide
as much information as possible, including, but not limited to site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e g , deed restrictions, conservation easement, etc), and a
description of the current site conditions and proposed method of construction Please attach
a separate sheet if more space is needed
Mitigation will be provided by EEP (see enclosed confirmation letter)
2 Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP) Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form For
additional information regarding the application process for the NCEEP, check the NCEEP
Updated 11/1/2005
Page 6 of 9
webslte at http //www nceep net/pages/mlleuleplace htm If use of the NCEEP is proposed,
please check the appropriate box on page five and provide the following information
Amount of stream mitigation requested (linear feet) 0
Amount of buffer mitigation requested (square feet) 0
Amount of Riparian wetland mitigation requested (acres) 0 31
Amount of Non-npanan wetland mitigation requested (acres) 0
Amount of Coastal wetland mitigation requested (acres) 0
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ® No ?
2 If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation
Yes ® No ?
3 If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter Yes ® No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project The applicant must also provide
justification for these impacts in Section VII above All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan All buffers must be shown on a
map, whether or not impacts are proposed to the buffers Correspondence from the DWQ
Regional Office may be included as appropriate Photographs may also be included at the
applicant's discretion
1 Will the project impact protected riparian buffers identified within 15A NCAC 2B 0233
(Meuse), 15A NCAC 2B 0259 (Tar-Pamlico), 15A NCAC 02B 0243 (Catawba) 15A NCAC
2B 0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ? No
Updated 11/1/2005
Page 7 of 9
2 If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers
Impact
Zone* f o*? Multiplier *Required
1 3 (2 for Catawba)
2 15
Total
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel, Zone 2 extends an
additional 20 feet from the edge of Zone 1
3 If buffer mitigation is required, please discuss what type of mitigation is proposed (i e ,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund) Please attach all appropriate information as identified
within 15A NCAC 2B 0242 or 0244, or 0260 NA
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level NA
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H 0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application? Yes ? No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No
Updated 11/1/2005
Page 8 of 9
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our webslte at
http //h2o enr state nc us/ncwetlands If no, please provide a short narrative description
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (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)
None
Ce t,
11,5-.-68
Applicant/Agent's Sig((ature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided )
Updated H/1/2005
Page 9 of 9
PROGRAM
September 4, 2008
Mr Eric Alsmeyer
U S Army Corps of Engineers
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Dear Mr Alsmeyer
Subject EEP Mitigation Acceptance Letter
B-4307, Replace Bridge Number 4 over Shocco Creek on US 401,
Warren County, Tar-Pamlico River Basin (Cataloging Unit 03020102),
Central Piedmont (CP) Eco-Region
The purpose of this letter is to notify you that the Ecosystem Enhancement Program
(EEP) will provide the compensatory riparian wetland mitigation for the unavoidable impact
associated with the above referenced project As indicated in the NCDOT's mitigation request
dated August 27, 2008, riparian wetland mitigation from EEP is required for approximately 0 31
acre of riparian wetland impacts
Riparian wetland mitigation associated with this project will be provided in accordance
with Section X of the Amendment No 2 to the Memorandum of Agreement between the N C
Department of Environment and Natural Resources, the N C Department of Transportation, and
the U S Army Corps of Engineers fully executed on March 8, 2007 (Tri-Party MOA) EEP
commits to implement sufficient riparian wetland mitigation up to 0 62 riparian wetland credits to
offset the impacts associated with this project by the end of the MOA year in which this project is
permitted If the above referenced impact amounts are revised, then this mitigation acceptance
letter will no longer be valid and a new mitigation acceptance letter will be required from EEP
If you have any questions or need additional information, please contact Ms Beth
Harmon at 919-715-1929
Sincerely,
William D Gilmore, P E
EEP Director
cc Mr Gregory J Thorpe, PhD, NCDOT-PDEA
Mr Brian Wrenn, Division of Water Quality, Wetlands/401 Unit
File B-4307
ern
NCDENR

United States Department of the interior
FISH AND WILDLIFE SERVICE
Ralei-h Field Office
Post Office Boy 33726
Raleigh North Carolina 27636-3726
November 14, 2007
John F Sullivan III, PE
Federal Highway Administration
310 New Bern Avenue, Suite 410
Raleigh, North Carolina 27601
Dear Mr Sullivan
RECEIVED
NOV 28 2007
D V61ON OF HIGHWAYS
PDEA OFFICE OF NATURAL ENAF
This document transmits the U S Fish and Wildlife Service's (Service) biological opinion (BO)
based on our review of the proposed replacement of Bridge No 4 over Shocco Creek on US 401
located in Warren County, North Carolina (TIP No B-4307), and its effects on the federally
endangered dwarf wedgemussel (Alasmidonta heterodon, DWM) in accordance with section 7 of
the Endangered Species Act (ESA) of 1973, as amended (16 U S C 1531-1543) Your
November 7, 2007 request for formal consultation was received on November 9, 2007
This BO is based on information provided in the September 27, 2007 Biological Assessment
(BA) prepared by the North Carolina Department of Transportation (NCDOT), telephone
conversations, emails, field investigations and other sources of information A complete
administrative record of this consultation is on file at this office
The BA also addressed the effects of the project on the federally endangered Tar River
spmymussel (Elliptio steinstansana) The NCDOT has determined that the project may effect,
but is not likely to adversely affect the Tar River spmymussel Based on available information,
the Service concurs with the determination that the project may affect, but is not likely to
adversely affect the Tar River spmymussel This species will not be addressed in the following
BO
CONSULTATION HISTORY
July 16, 2003 - The Service provides comments in response to a scoping request, that we have
concerns that federally listed mussels may be affected by the project
March 29, 2006 - Service staff field inspected project site
April 12, 2006 - NCDOT holds hydraulic design meeting where project design and conservation
measures to avoid/minimize effects to the DWM are discussed with the Service and the North
Carolina Wildlife Resources Commission A decision is made that the project would require
formal section 7 consultation
April 26, 2006 - Service staff and NCDOT Natural Environment Unit (NEU) staff have
discussions regarding development of BA and further avoidance and minimization measures
July 10, 2006 - Service staff and NCDOT NEU have additional discussions regarding need for
updated survey work
April 4, 2007 - NCDOT biologists perform mussel survey and observe one DWM near the
project site
April 9, 2007 - Service staff and NCDOT NEU staff continue discussions regarding
conservation measures
April 23, 2007 - Service staff and NCDOT biologists conduct another mussel survey at project
site, without observing DWM
July 3, 2007 - NCDOT biologists perform another mussel survey and observe a single DWM at
the same location as the April 4, 2007 occurrence
July 11, 2007 - Service staff and NCDOT NEU staff continue discussions regarding
conservation measures
November 9, 2007 - The Service received a letter from the Federal Highway Administration
(FHWA), dated November 7, 2007, with the attached final BA, requesting formal consultation
on the proposed Bridge No 4 replacement over Shocco Creek
BIOLOGICAL OPINION
1. DESCRIPTION OF THE PROPOSED ACTION
The B-4307 project is located at the US 401 crossing of Shocco Creek in Warren County, North
Carolina, approximately 2 5 miles north of the Franklin/Warren County line The existing four-
span, 71 feet long bridge will be replaced with a single-span, 135 feet long steel-plate girder
bridge The new bridge will be placed in the same horizontal alignment, but the elevation of the
structure will be raised The new bridge will completely span the channel of Shocco Creek and
some existing causeway will be removed from the flood plain Approach road work will consist
of raising the grade by placing fill, resurfacing and tying into existing alignment for
approximately 480 feet on the north and 610 feet on the south approach Traffic will be detoured
onto other roads during construction The project is currently scheduled to be let on February 17,
2009
Action Area
The action area is defined as the US 401 project right-of-way (ROW) of B-4307, beginning
approximately 480 feet north of the bridge to approximately 610 feet south of the bridge, plus
2
Shocco Creek for a distance 400 meters downstream and 100 meters upstream of the bridge The
action area consists mainly of a maintained/disturbed roadside vegetative community, the US
401 pavement and bridge structure, the Shocco Creek channel and a portion of its beaver-
impounded flood plain The action area occurs in Tar River Sub-basin 03-03-04, as assigned by
the North Carolina Department of Environment and Natural Resources, Division of Water
Quality Section Within the action area, Shocco Creek is impounded by at least two beaver dams
approximately 200 meters and 300 meters downstream of the bridge crossing During high water
events, flow has been diverted onto the flood plain of the right descending bank This diversion
has created a network of braided channels that are eroding the soil of the flood plain Much of
the eroded material has been deposited in the stream channel and most of the habitat is covered
by a thick layer of unconsolidated detritus Most of the habitat within the action area is not
suitable for DWM However, one small area approximately 30-40 meters downstream of the
bridge, consisting of approximately 40 square meters of clean sand and woody debris provides
suitable habitat for DWM
Conservation Measures
Conservation measures represent actions, pledged in the project description, that the action
agency will implement to minimize the effects of the proposed action and further the recovery of
the species under review Such measures should be closely related to the action and should be
achievable within the authority of the action agency Since conservation measures are part of the
proposed action, their implementation is required under the terms of the consultation The
FHWA and NCDOT have proposed the following conservation measures
• Design of a single span structure will eliminate bents in the stream and provide a larger
hydraulic cross section to reduce scouring downstream of the bridge This design also allows
for the removal of some of the existing causeway, providing additional floodplam to the
stream A single span structure will eliminate the need for a temporary work bridge
• Deck drains will not be allowed to discharge directly into stream
• Traffic will be maintained on an offsite detour
• "Design Standards in Sensitive Watersheds" [15A NCAC 04B 0124 (b)-(e)] will apply
• Best Management Practices for Bridge Demolition and Removal will be implemented during
the removal of the existing bridge
• Existing bents will be cut at substrate level to minimize disturbance to the substrate
• Existing abutments will be removed in stepwise fashion to reduce the potential for
sedimentation
• The areas adjacent to Shocco Creek will be identified as "Environmentally Sensitive Areas"
on the Sedimentation and Erosion Control Plans for this project By definition, the
Environmentally Sensitive Areas will be identified as a 50-foot buffer zone on both sides of
the stream measured from top of stream bank Within the identified 50-foot Environmentally
Sensitive Areas, the following shall apply
o In areas identified as Environmentally Sensitive Areas, the Contractor may perform
clearing operations, but not grubbing operations until immediately prior to beginning
grading operations
3
o Once grading operations be-in in identified Environmentally Sensitive Areas work
shall progress in a continuous manner until complete
o In areas identified as Environmentally Sensitive Areas, erosion control devices shall
be installed immediately following the clearing operation
o In areas identified as Environmentally Sensitive Areas, "Seeding and Mulching" shall
be performed on the areas disturbed by construction immediately following final
grade establishment
o In areas identified as Environmentally Sensitive Areas, seeding and mulching shall be
done in stages on cut and fill slopes that are greater than 20 feet in height measured
along the slope, or greater than 2 acres in area, whichever is less
II. STATUS OF THE SPECIES
The DWM was federally listed as endangered on March 14, 1990 The DWM is found solely in
Atlantic Coast drainage streams and rivers of various sizes and moderate current It ranges from
New Hampshire to North Carolina, in small creeks to deep rivers in stable habitat with substrates
ranging from mixed sand, pebble and gravel, to clay and silty sand In the southern portion of its
range, it is often found buried under logs or root mats in shallow water (USFWS 1993), whereas
in the northern portion of its range, it may be found in firm substrates of mixed sand, gravel or
cobble, or embedded in clay banks in water depths of a few inches to greater than 20 feet (Fichtel
and Smith 1995, Gabriel 1995, Gabriel 1996, Nedeau and Werle 2003, Nedeau 2004a, 2004b,
2006a)
The DWM's reproductive cycle is typical of other freshwater mussels, requiring a host fish on
which its larvae (glochidia) parasitize and metamorphose into juvenile mussels The DWM is
not a long-lived species as compared to other freshwater mussels, life expectancy is estimated at
10 to 12 years (Michaelson and Neves 1995)
Human activity has significantly degraded DWM habitat causing a general decline in populations
and a reduction in distribution of the species Primary factors responsible for the decline of the
DWM include 1) impoundment of river systems, 2) pollution, 3) alteration of riverbanks, and 4)
siltation (USFWS 1993)
Damming and channelization of rivers throughout the DWM's range have resulted in the
elimination or alteration of much of its formerly occupied habitat (Watters 2001) Domestic and
industrial pollution was the primary cause for mussel extirpation at many historic sites Mussels
are known to be sensitive to a wide variety of heavy metals and pesticides, and to excessive
nutrients and chlorine (Havlik and Marking 1987) Mussel die-offs have been attributed to
chemical spills, agricultural waste run-off and low dissolved oxygen levels
Because freshwater mussels are relatively sedentary and cannot move quickly or for long
distances, they cannot easily escape when silt is deposited over their habitat Siltation has been
documented to be extremely detrimental to mussel populations by degrading substrate and water
quality, increasing exposure to other pollutants and by direct smothering of mussels (Ellis 1936,
4
Markings and Bills 1979) In Massachusetts, a bridge construction project decimated a
population of DWM by accelerated sedimentation and erosion (Smith 1981)
Most DWM populations are small and geographically isolated from each This isolation restricts
exchange of genetic material among populations and reduces genetic variability within
populations (USFWS 1993)
At one time, DWM was recorded from 70 localities in 15 major drainages ranging from North
Carolina to New Brunswick, Canada Since the 1993 Recovery Plan, a number of new locations
have been discovered and a number of known locations are possibly no longer extant Based on
preliminary information, the dwarf wedgemussel is currently found in 15 major drainages (Table
1), comprising approximately 70 "sites" (one site may have multiple occurrences) At least 45 of
these sites are based on less than five individuals or solely on spent shells (USFWS 2007)
Table 1 Dwarf wedgemussel major drainages
State Major Drainage County
NH Upper Connecticut River Coos, Grafton, Sullivan, Cheshire
VT Upper Connecticut River Essex, Orange, Windsor, Windham
MA Middle Connecticut River Hampshire, Hampden
CT Lower Connecticut River Hartford
NY Middle Delaware Orange, Sullivan, Delaware
NJ Middle Delaware Warren, Sussex
PA Upper Delaware River Wayne
MD Choptank River Queen Anne's, Caroline
MD Lower Potomac River St Mary's, Charles
MD Upper Chesapeake Bay Queen Anne's
VA Middle Potomac River Stafford
VA York River Louisa, Spotsylvania
VA Chowan River Sussex, Nottoway, Lunenburg
NC Upper Tar River Granville, Vance, Franklin, Nash
NC Fishing Creek Warren, Franklin, Halifax
NC Contentnea Wilson, Nash
NC Upper Neuse Johnson, Wake, Orange
* The 15 major drainages identified in Table 1 do not necessarily correspond to the original drainages identified in
the 1993 Recovery Plan although there is considerable overlap
The main stem of the Connecticut River in New Hampshire and Vermont is considered to have
the largest remaining DWM population, consisting of three distinct stretches of sporadically
occupied habitat segmented by hydroelectric dams It is estimated that there are hundreds of
thousands of DWM scattered within an approximate 75-mile stretch of the Connecticut River
The Ashuelot River in New Hampshire, the Farmington River in Connecticut, and the Neversink
River in New York harbor large populations, but these number in the thousands only The
remaining populations from New Jersey south to North Carolina are estimated at a few
individuals to a few hundred individuals (USFWS 2007)
In summary, it appears that the populations in North Carolina, Virginia, and Maryland are
declining as evidenced by low densities, lack of reproduction, or inability to relocate any DWM
in follow-up surveys Populations in New Hampshire, Massachusetts, and Connecticut appear to
be stable, while the status of populations in the Delaware River watershed affected by the recent
floods of 2005 is uncertain at this time (USFWS 2007)
III. ENVIRONMENTAL BASELINE
Under section 7(a)(2) of the Act, when considering the "effects of the action" on federally listed
species, the Service is required to take into consideration the environmental baseline The
environmental baseline includes past and ongoing natural factors and the past and present
impacts of all federal, state, or private actions and other activities in the action area (50 CFR
402 02), including federal actions in the area that have already undergone section 7 consultation,
and the impacts of state or private actions which are contemporaneous with the consultation in
process
Status of the Species Within the Action Area
Records maintained by the North Carolina Natural Heritage Program (NCNHP) show DWM to
be present in Shocco Creek at several locations along most of its length, and with recent
observations Surveys conducted within the action area on July 28, 2005, April 4, 2007 and July
3, 2007 each revealed a single DWM Most of the habitat within the action area can be defined
as unsuitable for DWM due to the presence of at least two beaver dams approximately 200
meters and 300 meters downstream Most of the substrate is covered in a thick layer of
unconsolidated detntus However, one small area approximately 30-40 meters downstream of
the bridge, consisting of approximately 40 square meters of clean sand and woody debris
provides suitable habitat for DWM This is the location where DWM was observed in the April
4, 2007 and July 3, 2007 surveys It appears that the species is still present within the action
area, but in very small numbers It is unclear how long DWM can persist within the action area
due to downstream beaver activity
Factors Affecting the Species Environment Within the Action Area
The existing bridge has associated causeways for the approach roads which encroach upon the
flood plain This bottlenecking of the flood plain appears to have scoured the channel bottom
underneath and immediately downstream of the bridge down to a clay layer, thus eliminating all
habitat for DWM for approximately 30-40 meters
The most prevalent current factor affecting the species in and near the action area is the effect of
the two downstream beaver dams previously described As long as the beaver dams are present,
additional sediment and debris will continue to settle out on the substrate, thus further degrading
the minimal amount of suitable habitat remaining within the action area
6
[]
IN' EFFECTS OF THE ACTION
Under section 7(a)(2) of the Act, "effects of the action" refers to the direct and indirect effects of
an action on the species or critical habitat, together with the effects of other activities that are
interrelated or interdependent with that action The federal agency is responsible for analyzing
these effects The effects of the proposed action are added to the environmental baseline to
determine the future baseline, which serves as the basis for the determination in this BO Should
the effects of the federal action result in a situation that would jeopardize the continued existence
of the species, we may propose reasonable and prudent alternatives that the federal agency can
take to avoid a violation of section 7(a)(2) The discussion that follows is our evaluation of the
anticipated direct and indirect effects of the proposed project Indirect effects are those caused
by the proposed action that occur later in time but are still reasonably certain to occur (50 CFR
40202)
Factors to be Considered
The little remaining DWM habitat (approximately 40 square meters) within the action area is
degrading due to downstream beaver activity This small area of suitable habitat is located
approximately 30-40 meters downstream of the bridge As of July 3, 2007, at least one DWM
was still present within remaining suitable habitat It is uncertain whether the species will still be
present by the time of project construction If the species does occur within the action area, the
minimal amount of work within the channel is expected to have negative effects for only a short
duration
Analysis for Effects of the Action
Beneficial Effects The removal of the existing bridge bents in the channel and the commitment
to completely span the channel will have beneficial effects Given that in-channel bents can trap
debns during high flows and can change stream hydraulics in the immediate vicinity of the
structure (causing scour and deposition), the elimination of the in-channel bents are expected to
reduce the bridge's effects on stream-flow patterns Also, given that large debns piles must
often be removed from in-channel bents (creating additional channel disturbance and
downstream sedimentation), the elimination of the in-channel bent will thus preclude future
disturbance for debns removal With the lengthening of the bndge from 71 feet to 135 feet, the
stream will be able to access more of its floodplam, thus potentially reducing downstream bank
scouring and sedimentation Removal of some causeway fill will increase the waterway opening
from 525 square feet to approximately 1010 square feet '
Direct Effects The stream channel will be completely spanned, thus greatly minimizing the
potential for direct effects Due to the lack of suitable habitat directly beneath the bridge, it is
unlikely that any DWM would be directly killed by bridge demolition The existing bents within
the channel, which consist of wooden piles driven directly into the substrate without buned
footing, will be cut off flush with the substrate Since these occur within the scoured clay
bottom, it is unlikely that any direct DWM mortality would occur from this activity A small
amount of sediment could enter the water column and redeposit downstream, but the amount
would likely be sub-lethal to any DWM
7
Sedimentation from construction activities along the stream bank and approach road appears to
have the greatest potential to directly affect DIM A mayor storm event could erode soil from
within the disturbed construction area and wash it into the stream, thus smothering mussels,
interfering with respiration and feeding, and degrading habitat To avoid or minimize the
potential for this effect, NCDOT has developed stringent erosion control measures and other
conservation measures (see "Conservation Measures" section of this BO) which greatly reduce
the likelihood of sediment entering the stream
Indirect Effects Since the project involves replacing an existing two-lane bridge with a new
two-lane bridge, it is unlikely that the project will promote any secondary development or land-
use changes Also, since no new bents will be placed in the channel, no negative indirect effects
to stream flow are anticipated Overall, the project is not likely to have any measurable indirect
effect on DWM or its habitat
Interrelated and Interdependent Actions None known
V. CUMMULATIVE EFFECTS
Cumulative effects include the effects of future state, tribal, local or private actions that are
reasonably certain to occur in the action area considered in this BO Future federal actions that
are unrelated to the proposed action are not considered in this section because they require
separate consultation pursuant to section 7 of the ESA At this time there are no known future
local, state or private actions, not requiring federal actions that are reasonably certain to occur
within the action area
VI. CONCLUSION
After reviewing the current status of the DWM, the environmental baseline for the action area,
all effects of the proposed project, and the conservation measures identified in the BA, it is the
Service's biological opinion that the proposed replacement of Bridge No 4 over Shocco Creek
on US 401 (TIP No B-4307), as proposed, is not likely to jeopardize the continued existence of
this species No critical habitat has been designated for this species, therefore, none will be
affected
This non-jeopardy opinion is based, in part, on the following facts Due to degrading conditions
of suitable habitat from the effects of downstream beaver dams, and due to the small amount of
suitable habitat within the action area, it is uncertain that DWM will still exist within the action
area by the time of project construction The project has significant long-term beneficial effects
In-channel work will be mimmal, thus limiting the potential for negative effects Direct
mortality of DWM is unlikely Several conservation measures will reduce the potential for
negative effects of construction activities along the stream bank
INCIDENTAL TAKE STATEMENT
Section 9 of the ESA and federal regulations pursuant to Section 4(d) of the ESA prohibit the
taking of endangered and threatened species, respectively, without special exemption Take is
defined as to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or attempt to
engage in any such conduct Harm is further defined by the Service to include significant habitat
modification or degradation that results in death or injury to listed species by significantly
impairing essential behavioral patterns such as breeding, feeding or sheltering Harass is defined
by the Service as intentional or negligent actions that create the likelihood of injury to listed
species to such an extent as to significantly disrupt normal behavior patterns which include, but
are not limited to, breeding, feeding or sheltering Incidental take is defined as take that is
incidental to, and not the purpose of, the carrying out of an otherwise lawful activity Under the
terms of Section 7(b)(4) and Section 7(0)(2), taking that is incidental to and not intended as part
of the agency action is not considered to be prohibited taking under the ESA provided that such
taking is in compliance with the terms and conditions of this Incidental Take Statement
The measures described below are non-discretionary, and must be undertaken by the FHWA so
that they may become binding conditions of any grant or permit issued to the NCDOT, as
appropriate, for the exemption in section 7(0)(2) to apply The FHWA has a continuing duty to
regulate the activity covered by this Incidental Take Statement If the FHWA (1) fails to assume
and implement the terms and conditions or (2) fails to require the NCDOT to adhere to the terms
and conditions of the Incidental Take Statement through enforceable terms that are added to the
permit or grant document, the protective coverage of section 7(0)(2) may lapse To monitor the
impact of incidental take, the FHWA or the NCDOT must report the progress of the action and
its impact on the species to the Service as specified in the Incidental Take Statement [50 CFR
§402 14(I)(3)]
Amount or Extent of Take Anticipated
The Service anticipates that incidental take of the DWM may occur as a result of the bridge
replacement During demolition of the existing bridge and construction of the new bridge,
DWM may be harmed by siltation or other water quality degradation The effects are likely to be
sub-lethal
Because there are no reliable data on the number of DWM buried in the substrate compared to
those on the surface (and even those on the surface are difficult to detect), it is not possible to
base the amount of incidental take on numbers of individual mussels Additionally, incidental
take will likely be difficult to detect and monitor Although spent shells may be collected,
attributing the cause of mortality maybe difficult Glochidia and juvenile mussels are also
extremely difficult to sample, therefore it is difficult to document take of either of these life
stages
The level of incidental take of the DWM can be defined as all DWM that may be harmed,
harassed, or killed within the action area (400 meters downstream and 100 meters upstream of
the existing bridge) The number of individuals is expected to be very small If incidental take is
exceeded, all work should stop, and the Service should be contacted immediately
Effect of the Take
In the accompanying BO, the Service has detennmed that the level of anticipated take is not
likely to result in jeopardy to the DWM Since critical habitat has not been designated for this
species, the proposed project will not result in the destruction or adverse modification of critical
habitat
Reasonable and Prudent Measures
The Service believes the following reasonable and prudent measures are necessary and
appropriate to minimize take of the DWM These nondiscretionary measures include, but are not
limited to, the terms and conditions outlined in this BO
1 All Conservation Measures previously described in this BO must be implemented
2 NCDOT will ensure that the contractor understands and follows the measures listed in the
"Conservation Measures" section of this BO
Terms and Conditions
In order to be exempt from the prohibitions of section 9 of the ESA, the NCDOT must comply
with the following terms and conditions, which implement the reasonable and prudent measures
described previously and outline required reporting requirements These terms and conditions are
nondiscretionary
S?
1 A Service biologist will be invited to the preconstruction meeting to discuss any questions / V 1
the contractor has regarding implementation of these projects
2 NCDOT will ensure that a Division Environmental Officer maintains a level of oversight to
insure that all appropriate erosion control measures are fully implemented to avoid/minimize
sedimentation of the stream
CONSERVATION RECOMMENDATIONS
Section 7(a)(1) of the Act directs federal agencies to use their authorities to further the purposes
of the ESA by carrying out conservation programs for the benefit of endangered and threatened
species The following conservation recommendations are discretionary agency activities to
minimize or avoid adverse effects of a proposed action on listed species or critical habitat, to
help implement recovery plans, or to develop information
Acquire riparian conservation buffers in the Tar-Pamlico Subbasm 03-03-04 to benefit DWM
either individually or in concert with other conservation programs
10
2 Conduct periodic DWM status surveys in the Upper Tar Basin and submit results to the
Service
3 Contribute funding and/or staff to any future DWM reintroduction or population
augmentation efforts conducted by others
In order for the Service to be kept informed of actions minimizing or avoiding adverse effects or
benefiting listed species or their habitats, we request notification of the implementation of any
conservation recommendations
REINITIATION/CLOSING STATEMENT
This concludes formal consultation on the action outlined in your November 7, 2007 request for
formal consultation As provided in 50 CFR section 402 16, remitiation of formal consultation is
required where discretionary federal agency involvement or control over the action has been
retained (or is authorized by law) and if (1) new information reveals effects of the agency action
that may affect listed species or cntical habitat in a manner or to an extent not considered in this
opinion, (2) the agency action is subsequently modified in a manner that causes an effect to the
listed species or critical habitat not considered in this opinion, or (3) a new species is listed or
cntical habitat designated that may be affected by the action
If you have any questions concerning this biological opinion, please contact Mr Gary Jordan at
[phone] (Ext 32)
S/ncerejy,
Field Si&ervisor
cc Ken Graham, USFWS, Atlanta, GA
Susi von Oettmgen, USFWS, Concord, NH
Enc Alsmeyer, USACE, Raleigh, NC
Greg Thorpe, NCDOT, Raleigh, NC
Logan Williams, NCDOT, Raleigh, NC
Chns Murray, NCDOT, Durham, NC
David Hams, NCDOT, Raleigh, NC
Chns Militscher, USEPA, Raleigh, NC
Travis Wilson, NCWRC, Creedmoor, NC
Rob Ridings, NCDWQ, Raleigh, NC
It
Literature Cited
Ellis, M M 1936 Erosion silt as a factor in aquatic environments Ecology 17 29-42
Fichtel, C and D G Smith 1995 The Freshwater Mussels of Vermont Nongame and Natural
Heritage Program, Vermont Fish and Wildlife Department Technical Report 18 53 pp
Gabriel, M 1995 Freshwater mussel distribution in the rivers and streams of Cheshire,
Hillsborough, Merrimack and Rockingham Counties, New Hampshire Report submitted
to U S Fish and Wildlife Service, New England Field Office and New Hampshire Fish
and Game Department 60 pp
Gabriel, M 1996 1996 Monitoring of the dwarf wedgemussel (Alasmadonta heterodon) in the
Ashuelot and Connecticut Rivers, New Hampshire Report submitted to The Nature
Conservancy, Eastern Regional Office, Boston, Massachusetts 27 pp
Havlik, M E and L L Marking 1987 Effects of contaminants on Naiad Mollusks
(Umomdae) A Review U S Department of the Interior, Fish and Wildlife Service,
Resource Publication 164 Washington, D C 20 pp
Marking, L L and T D Bills 1979 Acute effects of silt and sand sedimentation on freshwater
mussels Pages 204-211 in J R Rasmussen, ed Proceedings of the UMRCC
symposium on Upper Mississippi River bivalve mollusks Upper Mississippi River
Conservation Committee, Rock Island, Illinois
Michaelson, D L and R J Neves 1995 Life History and habitat of the endangered dwarf
wedgemussel Alasmadonta heterodon (Bivalvia Umomdae) Jour N Am Benthol Soc
14 324-340
Nedeau, E J and S Werle 2003 Freshwater Mussels of the Ashuelot River Keene to
Hinsdale Unpublished report submitted to the U S Fish and Wildlife Service, Concord,
New Hampshire 50 pp
Nedeau, E J 2004a A Fourth Investigation of the Survival of Dwarf Wedgemussels
(Alasmadonta heterodon) for the Relocation Project on the Connecticut River, Route 2
Stabilization Project, Lunenburg, Vermont Unpublished report submitted to the U S
Fish and Wildlife Service, Concord, New Hampshire 7 pp
Nedeau, E J 2004b Quantitative survey of dwarf wedgemussel (Alasmadonta heterodon)
populations downstream of the Surry Mountain Flood Control Dam on the Ashuelot
River Unpublished report submitted to the U S Fish and Wildlife Service, Concord,
New Hampshire 12 pp
12
Nedeau, E 2006 Characterizing the Range and Habitat of Dwarf Wedgemussels in the "Middle
Macrosite" of the Upper Connecticut River Unpublished report submitted to the U S
Fish and Wildlife Service, Concord, New Hampshire 6 pp
Smith, D G 1981 Selected freshwater invertebrates proposed for special concern status in
Massachusetts Massachusetts Department of Environmental Quality Engineering
Division of Water Pollution Control Westborough, MA
U S Fish and Wildlife Service 1993 Dwarf Wedge Mussel Alasmidonta heterodon Recovery
Plan Hadley, Massachusetts 52 pp
U S Fish and Wildlife Service 2007 Dwarf Wedgemussel Alasmidonta heterodon 5-Year
Review Summary and Evaluation Concord, New Hampshire 19 pp
Watters, T 2001 Freshwater mussels and water quality A review of the effects of hydrologic
and instream habitat alterations Proceedings of the First Freshwater Mollusk
Conservation Society Symposium, 1999 Ohio Biological Survey, Columbus, Ohio
pages 261-274
13
CC: L OD - I I.amS `
United States Department of the Interior
FISH AND WILDLIFE SERVICE E°'''° w 4'°
Raleigh Field Office ;
Post Office Box 33726 OCT ti3 2008
Raleigh, North Carolina 27636-3726
October 27, 2008 1 LVVIc 0,' 0 N'GrkVAYS
FDEA OFFICE OF NAT1)RA'- ENVIRONMENT
John F Sullivan III, PE
Federal Highway Administration
310 New Bern Avenue, Suite 410
Raleigh, North Carolina 27601
Dear Mr Sullivan
The U S Fish and Wildlife Service (Service) has received your request to remitiate formal
consultation, in accordance with section 7 of the Endangered Species Act of 1973 (16 U S C
1531-1543), for the proposed replacement of Bridge No 4 over Shocco Creek on US 401 located
in Warren County, North Carolina (TIP No B-4307) This request for reinitiating formal
consultation presents revised information regarding potential effects to the federally endangered
dwarf wedgemussel (Alasmidonta heterodon, DWM) Your October 22, 2008 request was
received on October 27, 2008
The Service previously issued a non-jeopardy biological opinion for this project on November
14, 2007 Your request for remitiatmg formal consultation includes information for revised
impacts to areas immediately upstream of habitat for the DWM Specifically, the previously
stated amounts of permanent and temporary wetland fill upstream of occupied DWM habitat
have increased, while the amounts of permanent surface water impacts have decreased Also, the
fill type within wetlands and open water was changed from unconsolidated material to rock fill
to reduce downstream sediment input
After reviewing the revised information, the Service has determined that no additional adverse
effects beyond those previously addressed will occur Therefore, the conclusions from our
November 14, 2007 biological opinion remain valid No additional take is anticipated, and no
additional reasonable and prudent measures or terms and conditions are necessary
This concludes the remitation of formal consultation on the action outlined in your October 22,
2008 request As provided in 50 CFR section 402 16, reimtiation of formal consultation is
required where discretionary federal agency involvement or control over the action has been
retained (or is authorized by law) and if (1) new information reveals effects of the agency action
that may affect listed species or critical habitat in a manner or to an extent not considered in this
opinion, (2) the agency action is subsequently modified in a manner that causes an effect to the
listed species or critical habitat not considered in this opinion, or (3) a new species is listed or
critical habitat designated that may be affected by the action
If you have any questions concerning this biological opinion, please contact Mr Gary Jordan at
[phone] (Ext 32)
Sincerely,
` r
Pete Benjamin
Field Supen?isor
cc Eric Alsmeyer, USACE, Raleigh, NC
Greg Thorpe, NCDOT, Raleigh, NC
Chris Murray, NCDOT, Durham, NC
David Hams, NCDOT, Raleigh, NC
Chris Militscher, USEPA, Raleigh, NC
Travis Wilson, NCWRC, Creedmoor, NC
i
U.S. ARMY CORPS OF ENGINEERS Opy
Wilmington District
Action ID._ 200321039, TIP B-4307 County: Warren
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Project Proponent: NCDOT Consultant:
Address. ATTN Gregory J Thorpe, PhD HSMM
Environmental Management ATTN Ms Wendee Smith
Director, PDEA 1305 Navaho Drive, Ste 303
1548 Mail Service Center Raleigh, North Carolina 276,
Raleigh, NC 27699-1548
Telephone No.: [phone], x237 (B Goodwin) [phone]
Location of Site (waterbody, Highway name/number, town, etc.): Study area for replacement of
Bridge No 4 (TIP B-4307) on US 401 over Shocco Creek, southwest of Elberon, North Carolina
Basis for Determination: The site contains stream channels of Shocco Creek, a tributary of the Tar
River, with indicators of ordinary high water marks, and wetlands adjacent to Shocco Creek
Indicate Which of the Following Apply:
There are waters of the U S , to include wetlands, on the above described property which we strongly suggest
should be delineated and surveyed The surveyed wetland lines must be verified by our staff before the Corps will
make a final jurisdictional determination on your property
Because of the size of your property and our present workload, our identification and delineation of your wetlands
cannot be accomplished in a timely manner You may wish to obtain a consultant to obtain a more timely
delineation of the wetlands Once the consultant has flagged a wetland line on the property, Corps staff will
review it, and, if it is accurate, we strongly recommend that you have the line surveyed for final approval by the
Corps The Corps will not make a final jurisdictional determination on your property without an approved survey
X The waters of the U S , to include wetlands, within the study area limits, have been delineated by your consultant,
the delineation has been reviewed in the office by the Corps, and the delineation as shown on the attached
drawings has been determined by the Corps to be accurate, based on the information available at this time Unless
there is a change in the law or our published regulations, this determination may be relied upon for a period not to
exceed five years from the date of this notification
There are no waters of the U S , to include wetlands, present on the above described property which are subject to
the permit requirements of Section 404 of the Clean Water Act (33 USC 1344) Unless there is a change in the law
or our published regulations, this determination may be relied upon for a period not to exceed five years from the
date of this notification
Placement of dredged or fill material in wetlands on this property without a Department of the
Army Permit is in most cases a violation of Section 301 of the Clean Water Act (33 USC 1311). A
permit is nc.: required for work on the property restricted entirely to existing high ground. If you
have any questions regarding the Corps of Engineers regulatory program, please contact
Eric Alsmeyer at telepho ,numb r _ 919 876 - 8441 extension 23
Project Manager Signature
Date August 21, 2003 Expir ion Date August 21, 2008
SURVEY PLAT OR FIELD SKETCH OF THE DESCRIBED PROPERTY AND THE WETLAND
DELINEATION FORM MUST BE ATTACHED TO THE FILE COPY OF THIS FORM.
CF HSMM

x? NOTIFICATION OF AD MINISTRATIVEAPPEAI:, OPTIONS ANDxPROCESS AIND
21
`REQUEST FOR APPEAL

Applicant NCDOT, Division of Highway s File Number 2003210398-4307 Date August 21, 2003
At tached is See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A
PROFFERED PERMIT (Standard Permit or Letter of permission) B
PERMIT DENIAL C
X APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above
decision Additional information may be found at http //www usace army mil/medfunctions/cw/cecwo/reg or
Co" s°re ulations at 33 CFR Part 331 t°
A INITIAL PROFFERED PERMIT You may accept or object to the permit
• ACCEPT If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized Your signature
on the Standard Pernut or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determmations associated with the permit
• OBJECT If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly You must complete Section II of this form and return the form to the district engineer Your
objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal
the permit in the future Upon receipt of your letter, the district engineer will evaluate your objections and may (a) modify the
permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having
determined that the permit should be issued as previously written After evaluating your objections, the district engineer will send
you a proffered permit for your reconsideration, as indicated in Section B below
B PROFFERED PERMIT You may accept or appeal the permit
• ACCEPT If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved junsdictional determinations associated with the permit
• APPEAL If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this form
and sending the form to the division engineer This form must be received by the division engineer within 60 days of the date of this
notice
C PERMIT DENIAL You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of tlus form and sending the form to the division engineer Tlus form must be received by the division engineer
within 60 days of the date of this notice
D APPROVED JURISDICTIONAL DETERMINATION You may accept or appeal the approved JD or provide new
information
• ACCEPT You do not need to notify the Corps to accept an approved JD Failure to notify the Corps within 60 days of the date of
this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD
• APPEAL If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer This form must be received by
the division engineer within 60 days of the date of this notice
E PRELIMINARY JURISDICTIONAL DETERMINATION You do not need to respond to the Corps regarding the
preliminary JD The Preliminary JD is not appealable If you wish, you may request an approved JD (which may be appealed), by
contacting the Corps district for further instruction Also you may provide new information for further consideration by the Corps to
reevaluate the JD

SECTION II `-'REQUEST FOk APPEAL-or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS (Describe your reasons for appealing the decision or your objections to an
initial proffered perrrut in clear concise statements You may attach additional information to this form to clarify where your reasons or
objections are addressed in the adrmnistrative record )
ADDITIONAL INFORMATION The appeal is lumted to a review of the administrative record, the Corps memorandum for the record
of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the
administrative record Neither the appellant nor the Corps may add new information or analyses to the record However, you may
provide additional information to clarify the location of information that is already in the administrative record
POINT OF-CONTACT FORS UESTIONS OWJNF,ORMATION' ? r
If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may also
appeal process you may contact contact
Mr Enc C Alsmeyer, Regulatory Project Manager Mr Arthur Middleton, Administrative Appeal Review Officer
U S Army Corps of Engineers, Wihnington Distnct CESAD-ET-CO-R
Raleigh Regulatory Field Office U S Army Corps of Engineers, South Atlantic Division
6508 Falls of Neuse Road, Suite 120 60 Forsyth Street, Room 9M 15
Raleigh, North Carolina 27615-6814 Atlanta, Georgia 30303-8801
RIGHT OF ENTRY Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants,
to conduct investigation- -f the project site during the course of the appeal process You will be provided a 15 day notice of any site
investigation, and will have the opportunity to participate in all site investigations
Date Telephone number
Signature of appellant or agent
DIVISION ENGINEER
Commander
U.S. Army Engineer Division, South Atlantic
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-3490

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Warren County
Bridge No. 4 on US 401
over Shocco Creek
Federal Aid Project No. BRSTP-0401 (145)
W.B.S. No. 33644.1.1
State Project No. 8.1411001
T.I.P. No. B-4307
CATEGORICAL EXCLUSION
UNITED STATES DEPARTMENT OF TRANSPORTATION
FEDERAL HIGHWAY ADMINISTRATION
AND
NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
DIVISION OF HIGHWAYS
165ATt G-] regory J Thorpe, PhD,
vironmental Management Director, PDEA
?0 oo -1L--,--le?
DA E John F Sullivan, III, Divisi mmistrator
•? Federal Highway Administration
Warren County
Bridge No. 4 on US 401
over Shocco Creek
Federal Aid Project No. BRSTP-0401 (145)
W.B.S. No. 33644.1.1
State Project No. 8.1411001
T.I.P. No. B-4307
CATEGORICAL EXCLUSION
Documentation Prepared in
Project Development and Environmental Analysis Branch By
Z/2o /0 13
DATE Trac Walter
Project Planning Engineer
Bridge Project Development Unit
f-A4 OS
DATE
Bryan D Kluchar, PE
Project Engineer
Bridge Project Development Unit
x0tJ1U111,,,1, J-
?A CAR
t-?EAL m -
026677 _
D ?;, J
PROJECT COMMITMENTS
Warren County
Bridge No 4 on US 401
Over Shocco Creek
Federal Aid Project No BRSTP-401 (145)
State Project No 8 1411001
WBS No 33644 1 1
T I P No B-4307
Division 5 Construction Engineer
Warren County Emergency Services requests at least one (1) month advanced notice
prior to road closure and an estimated length of time the road will be closed
Warren County School System had requested that safe school bus turn-a-round areas be
provided and designated during construction
The existing bents will be cut at substrate level to minimize disturbance to the substrate
Existing abutments will be removed in a manner to reduce the potential for
sedimentation
PDEA - Green sheet February 2008 Sheet 1 of 1
Warren County
Bridge No 4 on US 401
over Shocco Creek
Federal Aid Project No BRSTP-0401 (145)
W B S No 33644 1 1
State Project No 8 1411001
T I P No B-4307
INTRODUCTION: Bridge No 4 is included in the latest approved North Carolina
Department of Transportation (NCDOT) Transportation Improvement Program and is eligible
for the Federal-Aid Bridge Replacement Program The location is shown in Figure 1 No
substantial environmental impacts are anticipated The project is classified as a Federal
"Categorical Exclusion"
1. PURPOSE AND NEED STATEMENT
NCDOT Bridge Maintenance Unit records indicate Bridge No 4 has a sufficiency rating of
44 7 out of a possible 100 for anew structure The bridge is considered structurally deficient
due to deck appraisal of 4 out of 9 according to Federal Highway Administration (FHWA)
standards and therefore eligible for FHWA's Bridge Replacement Program
Bridge No 4 has a seventy-two year old timber substructure with a typical life expectancy
between 40 to 50 years due to the natural deterioration rate of wood Rehabilitation of a timber
structure is generally practical only when a few members are damaged or prematurely
deteriorated However, past a certain degree of deterioration, timber structures become
impractical to maintain and upon eligibility are programmed for replacement
Components of both the concrete & timber superstructure and timber substructure have
experienced an increasing degree of deterioration that can no longer be addressed by
maintenance activities The posted weight limit on the bridge is down to 28 tons for single
vehicles and 37 tons for truck-tractor semi-trailers The bridge has approached the end of its
useful life Replacement of the bridge will result in safer traffic operations
II. EXISTING CONDITIONS
The project is located south of Warrenton in Warren County (see Figure 1) Development in
the area is rural and residential in nature
US 401 is classified as a rural mayor collector in the Statewide Functional Classification
System and it is a National Highway System Route This route is not a designated bicycle
route and there is no indication that an unusual number of bicyclists and/or pedestrians use
this roadway Therefore, bicycle and pedestrian accommodations have not been provided
In the vicinity of the bridge, US 401 has approximately 21-foot pavement width with
shoulders that vary from 6-foot to 8-foot (see Figure 3) The roadway grade is in a sag vertical
curve through the project area The existing bridge is on a tangent The roadway is situated
approximately 11 0 feet above the creek bed
Bridge No 4 is a four-span structure that consists of concrete floor on timberjoists with an
asphalt-wearing surface The end bents and interior bents consist of timber caps on timber
piles The existing bridge (see Figure 3) was constructed in 1934 The overall length of the
structure is 71 feet The clear roadway width is approximately 21 0 feet The posted weight
limit on this bridge is 28 tons for single vehicles and 37 tons for TTST's
There are no utilities attached to the existing structure Utility impacts are anticipated to be
low
The current traffic volume of 2,000 vehicles per day (VPD) is expected to increase to 3,800
VPD by the year 2030 The projected volume includes two percent truck-tractor semi-trailer
(TTST) and three percent dual-tired vehicles (DT) The speed limit is not posted in the project
area but is assumed to be 55mph by statue Five school buses cross the bridge daily on their
morning and afternoon routes
There were no accidents reported in the vicinity of Bridge No 4 during a recent three-year
period
III. ALTERNATIVES
A. Project Description
The replacement structure will consist of a bridge approximately 135-foot long The bridge
length is based on preliminary design information and is set by hydraulic requirements The
bridge will be of sufficient width to provide for two 12-foot lanes with 5-foot offsets on each
side The roadway grade of the new structure will be approximately five feet above the
existing grade
The existing roadway will be widened to a 24-foot pavement width to provide two 12-foot
lanes Eight-foot shoulders will be provided on each side This roadway will be designed as a
rural mayor collector
B. Reasonable and Feasible Alternatives
One alternative for replacing Bridge No 4 was studied in detail and described below
Alternate 1
Alternate 1 involves replacement of the structure along the existing roadway alignment
Improvements to the approach roadways will be required for a distance of approximately 600
feet to the south and 480 feet to the north of the new structure This alternate will be designed
using a design speed of 60 miles per hour A vertical alignment and vertical stopping sight
distance design exception will be required Traffic will be detoured offsrte (see Figure 1)
during the construction period
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 offsrte detour The offsrte detour for this project would include
SR 1614, and SR 1620 The majority of traffic on the road is through traffic The detour for
the average road user would result in one minute additional travel time Up to a nine-month
duration of construction is expected on this project
Based on the Guidelines, the criteria above indicate that on the basis of delay alone the detour
is acceptable Warren County Emergency Services along with Warren County Schools
Transportation have also indicated that the detour is acceptable NCDOT Division 5 has
indicated the condition of all roads, bridges and intersections on the offsrte detour are
acceptable without improvement and concurs with the use of the detour No additional funds
will be required for upgrading or improving an offsrte detour
C. Alternatives Eliminated From Further Consideration
The "do-nothing" alternative will eventually necessitate closure of the bridge This is not
acceptable due to the traffic service provided by US 401
"Rehabilitation" of the old bridge is not practical due to its age and deteriorated condition of
the timber components
Staged Construction is not practical due to the availability of an off-site detour
A "New Location" alternative was evaluated and eliminated due to the presence of wetlands in
all four quadrants of the project
D. Preferred Alternative
Bridge No 4 will be replaced at the existing location as shown in Figure 2
NCDOT Division 5 concurs with the selection of this alternative
IV. ESTIMATED COSTS
The estimated costs, based on 2006 prices, are as follows
Alternative 1
Preferred
Structure $ 528,000
Roadway Approaches $ 470,000
Detour Structure and Approaches - 0 -
Structure Removal $ 21,000
Misc & Mob $ 231,000
En & Contingencies $ 200,000
Total Construction Cost $ 1,450,000
Right-of-way & Utility Costs $ 75,000
Total Project Cost $ 1,525,000
V. NATURAL ENVIRONMENT
Physical Characteristics
Water Resources
Water resources located within the project study area lie in Subbasm 03-03-04 of the
Tar-Pamlico drainage basin One perennial stream, Shocco Creek, was identified in
the project study area The stream is located within the Hydrologic Unit (HU)
03020102 according to the federal system for cataloging drainage basins
The best usage classification for Shocco creek (Index Number 28-79-22) is Class C
NSW No water resources classified as High Quality Waters, Water Supplies (WS-I or
WS-II), or Outstanding Resource Waters are located within 10 mi of the project study
area
Biotic Resources
There are four terrestrial communities located within the project study area
Community boundaries within the study area are generally well defined without a
significant transition zone between them The observed communities consist of the
Piedmont/Low Mountain Alluvial Forest, Dry-Mesic Oak-Hickory Forest, successional
community, and maintained/disturbed community
Jurisdictional Topics
Surface Waters and Wetlands
This section of Shocco Creek has been significantly impacted by beaver activity
downstream of the bridge A beaver dam within this area has impounded this portion
of Shocco Creek, and it therefore no longer functions as a stream in this area as per
4
USACE representative Eric Alsmeyer It has determined that this section of Shocco
Creek within the project area is now functioning as a wetland If the beaver dam is
removed prior to construction, further evaluation of jurisdictional resources will be
necessary
Permits
Impacts to jurisdictional wetlands are anticipated from the proposed project As a
result, construction activities will require permits and certifications from various
regulatory agencies in charge of protecting the water quality of public water resources
Impacts to jurisdictional surface water are not anticipated from the proposed project
However, construction activities resulting in impacts will require permits and
certifications Surface water systems and wetland receive similar treatment and
consideration with respect to most regulatory permits These permits are authorized
under the Clean Water Act and under separate state laws regarding significant water
resources
Buffers
Intermittent and perennial streams, lakes, ponds, and estuaries depicted as surface
water on either the most current versions of either USGS topographic maps or NRCS
soil survey maps may be subject to the Tar-Pamlico River Basin Buffer Rules These
buffer rules apply to 50-foot wide riparian buffers directly adjacent to surface waters in
the Tar-Pamlico River Basin Buffers are divided into two zones Zone I includes the
first 30 feet out from the top of bank or the rooted herbaceous vegetation Zone 2
begins at the edge of Zone 1 and extends landward 20 feet
The buffer rules do not apply to portions of the riparian buffer where a use is existing
and ongoing Any change in land use within the riparian buffer is characterized as an
impact The Nutrient Sensitive Waters Management Strategy and Protection and
Maintenance of Existing Riparian Buffers (15 NCAC 02B 0259) provides a
designation of exempt, allowable, allowable with mitigation, and prohibited for uses
that cause impacts to riparian buffers within the Tar-Pamlico River Basin
This section of Shocco Creek is functioning as a wetland as a result of beaver activity
within the project area, however it is depicted on both the USGS topographic and
NRCS soil survey maps and is, therefore, the defined channel is subject to the Tar-
Pamlico Buffer River Basin Buffer Rules
Federally Protected Species
Species with the federal classification of Endangered (E) or Threatened (T), or officially
proposed (P) for such listing, are protected under the Endangered Species Act (ESA) of 1973,
as amended (16 U S C 1531 et seq ) The following federal protected species are listed for
Warren County (FWS website list - 18 June 2007)
Dwarf wedgemussel (E) May Affect - Likely to Adversely Affect
On July 28, 2005 biologists conducted a field survey of the proposed project area The 1 5
man-hour survey identified that suitable habitat existed as well as locating a live specimen in
the project area
A Formal Consultation was conducted due to the presence of the federally listed endangered
species USFWS provided concurrence through the issuance of a Biological Opinion dated
November 14, 2007
Tar Spineymussel (T) May Affect - Not Likely to Adversely Affect
On July 28, 2005 biologists conducted a field survey of the proposed project area No
specimens or indication of presence were determined
Bald Eagle
Not Applicable
The bald eagle has been delisted and is not subject to Section 7 consultation and a biological
conclusion is not required However, the bald eagle remains protected by the Bald and Golden
Eagle Protection Act and the Migratory Bird Treaty Act and subject to the USFWS National
Bald Eagle Management Guidelines Therefore, under the guidelines, a radius of 660 feet
from the edge of the project boundary is imposed for road construction activities No habitat
or eagles were seen within 660 feet of the project boundary The project study area does not
contain suitable nesting, perching, or foraging habitat for bald eagle There are no natural
shorelines or large bodies of water for foraging within the project study area
VI. HUMAN ENVIRONMENT
Section 106 Compliance Guidelines
This project is subject to compliance with Section 106 of the National Historic Preservation
Act of 1966, as amended, and implemented by the Advisory Council on Historic
Preservation's Regulations for Compliance with Section 106, codified at Title 36 CFR Part
800 Section 106 requires Federal agencies to take into account the effect of their undertakings
(federally funded, licensed, or permitted) on properties included in or eligible for inclusion in
the National Register of Historic Places and afford the Advisory Council a reasonable
opportunity to comment on such undertakings
Historic Architecture
The Historic Preservation Office (HPO) reviewed the subject project and determined
that Bridge No 4 is eligible for the National Register under Criterion C as one of the
earliest intact examples of a timber stringer bridge in North Carolina See attached
Memorandum of Agreement and corresponding compliance letter (see letter dated
9/19/2005)
Archaeology
The Historic Preservation Office (HPO) reviewed the subject project There are no
known archaeological sites within the proposed project area, and no archaeological
investigation needed to be conducted (see letter dated June 25, 2003)
Community Impacts
No adverse impact on families or communities is anticipated Right-of-way acquisition will be
limited No relocatees are expected with implementation of the proposed alternative
No adverse effect on public facilities or services is expected The project is not expected to
adversely affect social, economic, or religious opportunities in the area
The project is not in conflict with any plan, existing land use, or zoning regulation No change
in land use is expected to result from the construction of the project
The Farmland Protection Policy Act requires all federal agencies or their representatives to
consider the potential impact to pnme farmland of all land acquisition and construction
projects All construction will take place along existing alignment There are no soils
classified as prime, unique, or having state or local importance in the vicinity of the project
Therefore, the project will not involve the direct conversion of farmland acreage within these
classifications
The project will not have a disproportionately high and adverse human health and
environmental effect on any minority or low-income population
Noise & Air Quality
This project is an air quality neutral project in accordance with 40 CFR 93 126 It is not
required to be included in the regional emissions analysis (if applicable) and project level CO
or PM2 5 analyses are not required This project will not result in any meaningful changes in
traffic volumes, vehicle mix, location of the existing facility, or any other factor that would
cause an increase in emissions impacts relative to the no-build alternative Therefore, FHWA
has determined that this project will generate mammal air quality impacts for Clean Air Act
criteria pollutants and has not been linked with any special MSAT concerns Consequently,
this effort is exempt from analysis for MSATs Any burning of vegetation shall be performed
in accordance with applicable local laws and regulations of the North Carolina State
Implementation Plan (SIP) for air quality compliance with 15 NCAC 2D 0520
Noise levels may increase during project construction, however, these impacts are not
expected to be substantial considering the relatively short-term nature of construction noise
and the limitation of construction to daytime hours The transmission loss characteristics of
nearby natural elements and man-made structures are believed to be sufficient to moderate the
effects of intrusive construction noise
VII. GENERAL ENVIRONMENTAL EFFECTS
The project is expected to have an overall positive impact Replacement of an inadequate
bridge will result in safer traffic operations
The bridge replacement will not have an adverse effect on the quality of the human or natural
environment with the use of the current North Carolina Department of Transportation
standards and specifications
The proposed project will not require nght-of-way acquisition or easement from any land
protected under Section 4(f) of the Department of Transportation Act of 1966
An examination of records at the North Carolina Department of Environment and Natural
Resources, Division of Environmental Management, Groundwater Section and the North
Carolina Department of Human Resources, Solid Waste Management Section revealed no
underground storage tanks or hazardous waste sites in the project area
VIII. COORDINATION & AGENCY COMMENTS
NCDOT has sought input from the following agencies as a part of the project development
U S Army Corps of Engineers, NC Department of Natural Resources, U S Fish & Wildlife
Service, N C Wildlife Resource Commission, N C Division of Parks & Recreation, North
Carolina State Historic Preservation Office, Warren County Planning Department
Because of presence of wetlands and endangered species habitat located within the project
area, concerns from the U S Army Corps of Engineers, U S Fish and Wildlife Service, N C
Wildlife Resource Commission, and N C Department of Natural Resources were addressed
during a consultation meeting
IX. PUBLIC INVOLVEMENT
A letter was sent by the Location & Surveys Unit to all property owners affected directly by
this project Property owners were invited to comment No comments have been received to
date
There is not substantial controversy on social, economic, or environmental grounds
concerning the project
X. CONCLUSION
On the basis of the above discussion, it is concluded that no substantial adverse environmental
impacts will result from implementation of the project The project is therefore considered to
be a federal "Categorical Exclusion" due to its limited scope and lack of substantial
environmental consequences
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NORTH CAROLINA DEPARTMENT OF
a
9 TRANSPORTATION
' DIVISION OF HIGHWAYS
PROJECT DEVELOPMENT &
ENVIRONMENTAL ANALYSIS BRANCH
WARREN COUNTY
REPLACE BRIDGE NO 4 ON US 401
OVER SHOCCO CREEK
B-4307
Figure 1 I

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Bridge Looking
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NORTH CAROLINA DEPARTMENT OF
TRANSPORTATION
DIVISION OF HIGHWAYS
PROJECT DEVELOPMENT &
ENVIRONMENTAL ANALYSIS BRANCH
WARREN COUNTY
REPLACE BRIDGE NO 4 ON US 401
OVER SHOCCO CREEK
B-4307
Figure 3
NORTH CAROLINA DIVISION
FINAL NATIONWIDE SECTION 4(f) EVALUATION AND APPROVAL
FOR FEDERALLY-AIDED HIGHWAY PROJECTS
THAT NECESSITATE THE USE OF HISTORIC BRIDGES
TIP Project No B-4307
State Project No 8 1411001
W B S No 336441 1
Federal Project No BRSTP - 401 (145)
Project Description
This project proposes to replace Bridge No 4 on US 401 over Shocco Creek in
Warren County (See figure 1)
Yes No
1 Is the bridge to be replaced or

rehabilitated with Federal funds9 ?
X
2 Does the project require the use of
a historic bridge structure winch is

on or eligible for listing on the ?
X
National Register of Historic Places9
3 Is the bridge a National Historic
Landmark? F1 X
4 Has agreement been reached among the
FHWA, the State Historic Preservation

Officer (SHPO), and the Advisory Council ?
x
on Historic Preservation (ACHP) through
procedures pursuant to Section 106 of the
National Historic Preservation Act (NHPA)?
ALTERNATIVES CONSIDERED AND FOUND NOT TO BE FEASIBLE
AND PRUDENT
The following alternatives were evaluated and found
not to be feasible and prudent
Yes No
1 Do nothing x F]
Does the "do nothing" alternative
(a) correct the problem situation that
caused the bridge to be considered F] X
deficient?
(b) pose serious and unacceptable safety ?
hazards? X
Yes No
2 Build a new structure at a different ?
location without affecting the historic X
integrity of the structure
(a) The following reasons were reviewed
(circle, as appropriate)
3 (1) The present bridge has already
been located at the only feasible
and prudent site
an r (n) Adverse social, environmental,
or economic impacts were noted
and/or (iii) Cost and engineering difficulties
reach extraordinary magnitude
and/or (iv) The existing bridge cannot be
preserved due to the extent of
rehabilitation, because no
responsible party will maintain
and preserve the historic bridge,
or the permitting authority
requires removal or demolition
3 Rehabilitate the historic bridge without
affecting the historic integrity of the X
structure
(a) The following reasons were reviewed
(circle, as appropriate)
D (i) The bridge is so structurally
deficient that it cannot be
rehabilitated to meet the
acceptable load requirements
and meet National Register
criteria
and/or (u) The bridge is seriously
deficient geometrically and
cannot be widened to meet the
required capacity and meet
National Register criteria
MINIMIZATION OF HARM
Yes No
The project includes all possible planning X
to minimize harm
2 Measures to minimize harm include the
following (circle, as appropriate)
a For bridges that are to be
rehabilitated, the historic
integrity of the bridge is preserved
to the greatest extent possible,
consistent with unavoidable transpor-
tation needs, safety, and load
requirements
G For bridges that are to be
rehabilitated to the point that the
historic integrity is affected or that
are to be removed or demolished, the
FHWA ensures that, in accordance with
the Historic American Engineering
Record (HAER) standards, or other
suitable means developed through
consultation, fully adequate records
are made of the bridge
c For bridges that are to be replaced,
the existing bridge is made available
for an alternative use, provided a
responsible party agrees to maintain
and preserve the bridge
d For bridges that are adversely affected,
agreement among the SHPO, ACHP, and
FHWA is reached through the Section
106 process of the NHPA on measures
to minimize harm and those measures
are incorporated into the project
3 Specific measures to minimize harm are
discussed below
A photo record of the existing bridge has been performed and submitted for
official record
Note Any response in a box requires additional information prior to approval Consult
Nationwide 4(f) evaluation
COORDINATION
The proposed project has been coordinated with the following (attach correspondence)
a State Historic Preservation Officer 3/15/2005
b Advisory Council on Historic Preservation
c Local/State/Federal Agencies
d US Coast Guard N/A
(for bridges requiring bridge permits)
SUMMARY AND APPROVAL
The project meets all criteria included in the programmatic 4(f) evaluation approved on
July 5, 1983
All required alternatives have been evaluated and the findings made are clearly applicable
to this project
Bridge #4 over Shocco Creek is eligible for the National Register as an example of a once
common timber stringer bridge Timber stringer bridge designs were standard in the late
1920's and 1930's and are characterized as an important example of a workhorse bridge
type of the 2e century
Bridge Maintenance records indicate regular maintenance and replacement of structural
members, more specifically the timber substructure and concrete parapets Detenoration
of timber components associated with the substructure is requiring the need for the
substructure to be replaced Replacement of the timber substructure components will
require the existing bridge to be completely rebuilt Replacing a timber structure with a
timber structure will not meet the rating requirements for bridge sufficiency The
concrete parapet maintenance is due to an inadequate bridge width, indicating a wider
superstructure is required in the area
Once the deficient components have been replaced, along with the widening of the
-r?oadway-width,-ihe-structure-will-no longer-qualify-as-historic ------ ---- -- --
There are no feasible and prudent alternatives to the use of the historic bridge The
project includes all possible planning to minimize harm, and there are assurances that the
measures to minimize harm will be incorporated in the project
All appropriate coordination has been successfully completed
Approved
?j?? ) 4
ate Gregory J Thorpe, PhD
Environmental Manager Director, PDEA
NCDOT
d4ball
Z2
Date John F Sullivan, III
Division Administrator, FHWA

?t
North Carolina Department of Cultural Resources
State Historic Preservation Office
David L S Brook, Administrator
Michael F Easley, Governor hR ?``? b Division of Historical Resources
Lisbeth C Evans, Secretary David J Olson, Director
Jeffrey J Crow, Deputy Secretary
i

June 25, 2003 {` y
b `-1 Tt L
MEMORANDUM

TO .tM • [' r Sri
Greg Thorpe, Manager
Project Development and Envnronmenta?`'alsis ranch
NCDOT Division of Highways
FROM David Brook f V. ?,r ?)a? &be)/-
SUBJECT Replace bridge No 4 on US 401 over Shocco Creek, B-4307, Warren County, ER03-
0976
Thank you for your letter of April 7, 2003, concerning the above project
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
Bndge No. 4 on US 401 over Shocco Creek
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
There are no known archaeological sites within the proposed project area Based on our knowledge
of the area, it is unlikely that any archaeological resources that may be eligible for conclusion in the
National Register of Historic Pilaces will be affected by the project We, therefore, recommend that
no archaeological investigation be conducted in connection with this project
The above comments are made pursuant to Section 106 of the National Historic Preservation Act
and the Advisory Council on Fhstonc 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.h DO.dcr.state.nc.us
Location Mailing Address Telephone/Fax
ADMINISTRATION 507 N Blount St Raleigh NC 4617 Mail Service Center Raleigh NC 276994617 [phone] • 733-8653
RESTORATION 515 N Blount St Raleigh NC 4613 Mail Service Center Raleigh NC 276Q94613 [phone] • 715-4801
SURVEY S PLANNING 515 N Blount St Raleigh NC 46 18 Mail Service Center Raleigh NC 27699-4610 [phone] -71S-4801

1 310 New Bern Avenue, Suite 410
?v Raleigh, North Carolina 27601
US Department
of Transportation
Federal Highway
Administration
March 31, 2005
North Carolina Division In Reply Refer To
HDA-NC
Mr Don Klima, Director
Eastern Office of Project Review
Advisory Council on Historic Preservation
The Old Post Office Building
1100 Pennsylvania Ave, N W # 809
Washington, D C 20004
Dear Mr Klima
Attached for your records is the Memorandum of Agreement for the project to Replace Bridge
4 on US 401 over Shocco Creek, Warren County, North Carolina, TIP No B-4307, State
Project No 8 1411001, Federal Aid No BRSTP-401(145), from the North Carolina
Department of Transportation If you have any questions, please call Jake Riggsbee at 919
856-5350, extension 102
Sincerely,
/s/Thomas D "Jake " Rtggsbee
For John F Sullivan, III, P E
Division Administrator
Attachment
File BRSTP-401(145)
Reading File 5c31 op01 tdr
TDR.iggsbee dkr 03/31/05
0
? FICA

I
I
SrATC
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F EASLEY
GOVERNOR
March 22, 2005
John F Sullivan, III, P E
Division Adrmmstrator
Federal Highway Administration
Department of Transportation
310 New Bern Avenue
Raleigh, NC 27601
Dear Mr Sullivan
RECTO MAR 25 2005
DN ADM
ASST DIV AL'L lld
SENC (lo
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FILE
LE r,' 1 ,A„H
RE Memorandum of Agreement (MOA), Replace Bridge No 4 on US 401 over Shocco Creek,
Warren County, North Carolina, TIP No B4307, WBS No 33644 1 1, State Project No
8 1411001, Federal Aid No BRSTP401(145)
The above-referenced project is subject to compliance with Section 106 of the National Historic Preservation
Act of 1966, as amended, and implemented by the Advisory Council on Historic Preservation's regulations
for compliance codified at 36 CFR Part 800 Enclosed is the Memorandum of Agreement (MOA) required
for the resolution of adverse effects
After consultation with the North Carolina State Historic Preservation Office, it was determined that the
subject project would have an adverse effect on Bridge No 4, determined eligible for listing in the National
Register of Historic Places Subsequently, a MOA has been drafted to mitigate the effects of the proposed
undertaking on Bridge No 4 Please review and sign the MOA and forward it to the Advisory Council for
their files This filing is the formal conclusion of the Section 106 process and must occur before the
undertaking is approved
If you have any questions concerning the accompanying information, please contact Mary Pope Furr, Hrstonc
Architecture Section, at [phone]
SincerelyCarl B Goode, P E , Manager
Office of Human Environment
CBG/mpf
Attachments
cc Teresa A Hart, P E , C P M , Project Development Manager
MAILING ADDRESS TELEPHONE [phone]
NC DEPARTMENT OF TRANSPORTATION FAX [phone]
OFFICE OF HUMAN ENVIRONMENT
1583 MAIL SERVICE CENTER WEBSI7T WWW NCDOT ORG
R,LEIGH NC 27699 1583
LOCATION
PARKER LINCOLN BUILDING
2728 CAPITAL BOULEVARD SUITE 168
RALEIGH NC 27604
B-4307, Warren County

MEMORANDUM OF AGREEMENT
AMONG
THE FEDERAL HIGHWAY ADMINISTRATION
AND
NORTH CAROLINA STATE HISTORIC PRESERVATION OFFICER
FOR
TIP No. B4307
REPLACE BRIDGE NO.4 OVER SHOCCO CREEK
WARREN COUNTY, NC
WHEREAS, the Federal Highway Administration (FHWA) has determined that the
replacement of Bridge No 4 over Shocco Creek on US 401 in Warren County, North
Carolina (the Undertaking) will have an effect upon Warren County Bridge No 4, a
property determined eligible for listing in the National Register of Historic Places, and
has consulted with the North Carolina State Historic Preservation Officer (SHPO)
pursuant to 36 CFR Part 800, regulations implementing Section 106 of the National
Historic Preservation Act (16 U S C 470f), and
WHEREAS, the North Carolina Department of Transportation (NCDOT) participated in
the consultation and has been invited to concur in this Memorandum of Agreement,
NOW, THEREFORE, FHWA and the North Carolina SHPO agree that the Undertaking
shall be implemented in accordance with the following stipulations in order to take into
account the effect of the Undertaking on the historic property
STIPULATIONS
FHWA will ensure that the following measures are carried out
Warren County Bridge No 4
A Recordation Prior to the removal and relocation of Bridge No 4, NCDOT
shall record the existing condition of the bridge and its surroundings in
accordance with the attached Historic Structures and Landscape Recordation
Plan [Appendix A]
II Dispute Resolution Should the North Carolina SHPO object within (30) days to
any plans or documentation provided for review pursuant to this agreement,
FWHA shall consult with the North Carolina SHPO to resolve the objection If
FHWA or the North Carolina SHPO determines that the objection cannot be
resolved, FHWA shall forward all documentation relevant to the dispute to the
Advisory Council on Historic Preservation (Council) Within thirty (30) days
after receipt of all pertinent documentation, the Council will either
B-4307, Warren County
A Provide FHWA with recommendations which FHWA will take into account in
reaching a final decision regarding the dispute, or
B Notify FHWA that it will comment pursuant to 36 CFR Section 800 7(c) and
proceed to comment. Any Council comment provided in response to such a
request will be taken into account by FHWA in accordance with 36 CFR Section
800 7 (c) (4) with reference to the subject of the dispute
Any recommendation or comment provided by the Council will be understood to pertain
only to the subject of the dispute, FHWA's responsibility to carry out all the actions
under this agreement that are not the subject of the dispute will remain unchanged
Execution of this Memorandum of Agreement by FHWA and the North Carolina SHPO,
its subsequent filing with the Advisory Council on Historic Preservation, and
implementation of its terms evidence that FHWA has afforded the Council an opportunity
to comment on the Replacement of Bridge No 4 over Shocco Creek, Warren County,
North Carolina and its effects on Bridge No 4, and that FHWA has taken into account
the effects of the Undertaking on the historic bridge
AGREE
FEDERAL HIGHWAY ADmiNISTRA
YArkr- 3
NORTH CAROL STORIC PRESERVATi
CONCUR
,/-Zp /?4?
NORTH CAROLINA DEP
FILED BY
D
OF TRANSPORTATION
ADVISORY COUNCIL ON HISTORIC PRESERVATION
DATE
DATE
(OS
DATE
DATE

B-4307, Warren County
APPENDIX A
Historic Structures and Landscape Recordation Plan
For Bridge No 4 over Shocco Creek
Warren County, North Carolina
TIP No B-4307
State Project No S 1411001
Federal Aid No BRSTP-401(145)
Photographic Requirements
? Overall views of the project area, showing the relationship of the bndge to setting
? Overall views of the bridge (elevations and oblique views)
? Selected photographic views of the bridge, including details of the timber piers
and bridge plate (if present)
? Views under the bridge - as accessible
Photographic Format
Color slides (all views)
35 mm or larger black and white negatives (all views)
? Two (2) sets of black and white contact sheets (all views)
? All processing to be done to archival standards
All photographs and negatives to be labeled according to Division of Archives
and History standards
Copies and Curation
One (1) set of all photographic documentation will be deposited with the North
Carolina Division of Archives and History/State Historic Preservation Office to be
made a permanent part of the statewide survey and iconographic collection One
contact sheet shall be deposited in the files of the Historic Architecture Section of
NCDOT

North Carolina Department of Cultural Res
State Histonc Preservation Office
Peter B Sandbecl Administrator
Michael i Easley, Governor
Lisbeth C Evans, Secretary
Jeffrey J Crow, Deputy Secretary
September 19, 2005
MEMORANDUM
TO Gregory Thorpe, Ph D , Director
Project Development and Environmental Analysis Branch
NCDOT Division of Highways
FROM Peter Sandbeck Nt?,
?V
SUBJECT Historic Structures and Landscape Recordation Plan, Bridge 4 on US 401 over Shocco Creek,
B-4307, Warren County, ER 03-0976
Thank you for the transmission of the photographic documentation for the above project

This information is provided in accordance with the Memorandum of Agreement and will become a
permanent part of the Division of Archives and History/State Historic Preservation Office's statewide survey
and iconographic collection
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
commurucation concerning this project, please cite the above referenced tracking number
cc Mary Pope Furr, NCDOT
Location Marling Address Telephone/Fax
ADMINISTRATION 507 N Blount Strect, Raleigh N( 4617 Mail SLMCC Centcr Raleigh NC 276994017 (919)71'1-4763/731-8653
RESTORATION 515 N Blount titmet Raleigh N( 4017 Mail Senate Center Raleigh N(. 27699-4617 [phone]/715-481)1
SURVEY & PLANNING 515 N Blount Srreer Raleigh N( 4017 Mail SLrVIee Center Raleigh N( 27699-4)17 [phone]/715-4801
Division 6`r7%@fffl?l!U1
David Brook, Director
t 66?-.
c r.. C.
North Carohna Department of Cultural Resour" es_t
State Historic Preservation Office
Peter B Sandbecl., Adnunistrator L f!! L ` ? x
M chat l F)atilt /, CCovcmor of i1 ?t{c =,. cry
I.tcbeth C Evan', Secretary Division o urces
Jeffrey J Crow, Deputy Secretary David Brook, Director
September 19, 2005
MEMORANDUM
TO Gregory Thorpe, Ph D, Director
Project Development and Environmental Analysis Branch
NCDOT Division of Highways
FROM Peter Sandbeck NL?,
?L
SUBJECT Historic Structures and Landscape Recordation Plan, Bridge 4 on US 401 over Shocco Creek,
B-4307, Warren County, ER 03-0976
Thank you for the transrrussion of the photographic documentation for the above project
This information is provided in accordance with the Memorandum of Agreement and will become a
permanent part of the Division of Archives and History/State Hrstonc Preservation Office's statewide survey
and iconographic collection
The above comments are made pursuant to Section 106 of the National 1-hstonc 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
cc Mary Pope Furr, NCDOT
Locanon Mailing Address Telephone/Fa)
ADMINISTRATION 507 N Blount Strect Raleigh NC 4617 Mail SlrnCe C'enttr Raleigh N( 27699-461 i [phone]/731-865)
RESTORATION 515 N Blount Strtct Ra)Ugh NC 4617 Mvl Semcc Center Raleigh N( 27699-4617 [phone]/715 4801
SURVEY & PLANNING 515 N )flaunt Strtct R1leiuh N' 4617 M11i Str%C (-enter Rlltigh N( 27699 4617 (919)'733-6545/715-48111