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HomeMy WebLinkAboutNCDOT_80-04 Town CreekPermit Class NEW STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources ,Vermtt for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Permit Number 80-04 Issued to N.C. Department of Transportation, 1548 Mail Service Center, Raleigh, NC 27699-1548 Authorizing development in Brunswick County at Town Creek, Bridge No. 61 on NC 133 (TIP No. B-3115) , as requested in the permittee's application dated 3/5/04 and 4/2/04. including the attached workplan drawings G 1) 1 dated I1/18/03; 3 dated 2/9/04; and 6 dated 2/20/04 This permit, issued on 5/26104 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms mays be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. B-3115, Bridle Replacement i) Due to the presence of the endangered Shortnose Sturgeon and other anadromous fish, no in -water or in - marsh work shall be conducted from February lst to Tune 30th of any year without prior approval of the NC Division of Coastal Management (I)CM), in consultation with the NC Division of Marine Fisheries (DMF), the NC Wildlife Resources Commission (WRC), and the US Army Corps of Engineers (USACE). For purposes of this mortorium, in -water is defined as those areas that are inundated at any time during construction, including the waters or contiguous marsh of Town Creek. 2) The permittee shall implement NC DOT'S Stream Crossing Guidelines for Anadromous Fish Passage. (See attached sheets for Additional Conditions) This permit action may be- appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit must be accessible on -site to Department personnel when the project -is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. dl work must cease when the permit expires on No Expiration Date, pursuant to GS 136-44.7B Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. _w Gh es�:-•Jones Director • Division of Coastal Management This permit and its conditions are hereby accepted. In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee N.C. Department of Transportation ADDITIONAL CONDITIONS Permit #80-04 Page 2 of 5 3) Turbidity curtains shall be used to contain all bottom disturbing activities, including pile or casement installation, placement of riprap, excavation or filling. The turbidity curtains are to be properly maintained and retained in the water until construction is complete and turbidity within the curtains reaches ambient levels. The turbidity curtains shall be installed parallel to the stream banks on each side of the stream, extend past the construction limits, and attach to the silt fences containing the work site. The turbidity curtains shall not encircle a work area or extend across the streams. Turbidity curtains are to be retained in the water until construction is complete and all of the work area contained by the turbidity curtains has been stabilized by vegetation or other means. 4) In accordance with project commitments made within the Categorical Exclusion document dated June 2002, Design Standards for Sensitive Watersheds will be used to ensure the project will not adversely affect the endangered Shortnose Sturgeon and anadromous fish. 5) In accordance with project commitments made within the Categorical Exclusion document dated June 2002, "Guidelines for Avoiding Impacts to the West Indian Manatee, Precautionary Measures for Construction Activities in North Carolina Waters" will be used to ensure the project will not adversely affect the endangered West Indian Manatee. The most recent version of these guidelines, revised 6/2003, shall be followed. 6) The NCDOT document "Best Management Practices for Bridge Demolition and Removal" (final 9/20/99) shall be followed during demolition and construction activities. 7) Debris resulting from demolition of the existing bridge, including deck components, shall not enter wetlands or waters of the United States, even temporarily. 8) All excavated materials and debris associated with the removal of the existing bridge and temporary work bridge will be disposed of on an approved upland site. NOTE: The bridge demolition debris may be suitable for use as artificial reef material. The permittee is encouraged to contact the Artificial Reef Coordinator, at the NC Division of Marine Fisheries Morehead City office at (252) 726-7021 to coordinate review of the suitability of the material and arrangements for such use. 9) The permanent and temporary work bridges shall be constructed with driven piles. Should drilled shaft construction or jetting of any bridge piles become necessary, a modification to this permit will be required. 10) . Temporary work bridges or platforms and barge will be. utilized far construction acce%. se of Lu mats for construction access is not authorized. Dredging in any manner, including "kicking" with boat propellers is not authorized. 11) Work barges shall be floated into place and then sunk. They shall not be sunk then dragged into plac,,. 12) The temporary work bridges shall be removed within 90 days of project completion or within 30 days of the moratorium end date if the project is completed while the moratorium is in effect. N.C. Department of Transportation ADDITIONAL CONDITIONS 13) Existing bridge pilings shall be extracted or removed flush with the streambed. Permit #80-04 Page 3 of 5 14) No excavated or fill material will be placed at any time in any vegetated wetlands or surrounding waters outside of the alignment of the fill area indicated on the work plan drawing(s). 15) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands are not authorized. 16) There shall be no clearing or grubbing in wetlands outside of the area indicated on the workplan drawing(s). 17) No excavation will occur within waters or wetlands of the State. 18) All excavated materials will be confined above normal high water and landward of regularly or irregularly flooded wetlands behind adequate dikes or other retaining structures to prevent spillover of solids into any wetlands or surrounding waters. 19) The fill material will be clean and free of any pollutants except in trace quantities. 20) Live concrete shall not be allowed to contact the water in or entering into the stream. 21) Placement of riprap shall be limited to the areas as depicted on the attached work plan drawings. The riprap material must be free from loose dirt or any pollutant. It must be of a size sufficient to prevent its movement from the site by wave or current action. The riprap material must consist of clean rock or masonry materials, such as but not limited to, granite or broken concrete. Mitigation NOTE: This project will permanently impact approximately 0.17 acres of 404 wetlands and will temporarily impact approximately 0.01 acres of 404 wetlands. This project will permanently impact <0.01 acres of surface waters and will temporarily impact <0.01 acres of surface waters. 22) Due to the possibility that compaction, mechanized clearing and/or other site alterations might .prevent the temporary wetland impact area from re -attaining jurisdictional wetland status, the permittee shall provide an annual update on the wetland areas temporarily impacted by this project. This annual update will consist of photographs provided during the agency monitoring report meeting and a brief report on the progress of these temporarily impacted areas in re -attaining wetland jurisdictional status. Three ,years after project camplp49n, the permittee shall schedule an agency field mee�with DCM, the NC Division of Water Quality and the NC Wildlife Resources Commission to determine if the wetland areas temporarily impacted by this project have re -attained jurisdictional wetland status. If at the end of 3 years the wetland areas temporarily impacted by this project have not re -attained jurisdictional wetland status, NC DCM and the above listed agencies shall determine whether a compensatory wetland mitigation plan will be required. N.C. Department of Transportation ADDITIONAL CONDITIONS Permit #80-04 Page 4 of 5 23) In accordance with the 7/22/03 Memorandum of Agreement (MOA) between the N.C. Department of Transportation (NCDOT), N.C. Department of Environment and Natural Resources (DENR) and the U.S. Army Corps of Engineers (USACE), compensatory mitigation for 0.17 acres of permanent 404 wetland impacts associated with the proposed project shall be provided by the Ecosystem Enhancement Program (EEP). Sedimentation and Erosion Control 24) The permittee shall follow Best Management Practices for the protection of Surface Waters and sedimentation and erosion control measures sufficient to protect aquatic resources. 25) Appropriate sedimentation and erosion control devices, measures or structures must be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, sand fence, etc.). 26) This project must conform to all requirements of the NC Sedimentation Pollution Control Act and NC DDT's Memorandum of Agreement with the Division of Land Resources. 27) In order to protect water quality, runoff from the construction must not visibly increase the amount c suspended sediments in adjacent waters. 28) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion within thirty days of project completion. General 29) The authorized activity will not cause an unacceptable interference with navigation. 30) Any relocation of utility lines that is not already depicted on the attached work plan drawings, or described within the attached permit application, will require approval by DCM, either under the authority of this permit, or by the utility company obtaining separate authorization. 31) If the permittee determines that additional permanent and/or temporary impacts will occur that are not shown on the attached permit drawings, additional authorization from DCM will be required. 32) This permit does not eliminate the need to obtain any additional permits, approvals or authorizations that may be required. 33) The N.C. Division of Water Quality (DWQ) has authorized the proposed project under a Generalw Water Quality Certification (DWQ Project No. 04-0363), which was issued on 3/11/04. Any violation of the Certification approved by the DWQ will be considered a violation of this CAMA permit. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under Nationwide Permit Number 23/33 (COE Action ID No. 200100914), which was issued on 5/20/04. N.C. Department of Transportation ADDITIONAL CONDITIONS Permit #80-04 Page 5 of 5 NOTE: The NC Division of Water Quality (DWQ) reviewed the proposed activity of this project for the applicability of the Stormwater Management rules and determined that the development activity, as proposed at this site, is not subject to the stormwater requirements as provided for in 15A NCAC 2H .1000. If at any time in the future, development of any part of this site is planned or if proposed activities differ in any manner from what is shown on the plans on file with DWQ, the permittee must submit the project to DWQ and DCM for review and additional authorization from DCM may be required. f-..- -- -. . - . ... - ­.. .. Iry . � r.- - ' r- - 0 1 1 1 L,34 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY LYNDO TIPPETT GOVERNOR SECRETARY April 2, 2004 N.C. Department of Environment and Natural Resources Division of Coastal Management 151-B Hwy 24 Hestron Plaza II Morehead City, NC 28557 Attention: Mr. Bill Arrington District Manager Dear Sir: Subject: Amendment to Application for CAMA Major Development Permit for the proposed replacement of Bridge No. 61 on NC 133 over Town Creek in Brunswick County, NCDOT Division 3. Federal Project No. BRSTP-133(1), State Project No. 8.1231401, WBS Element: 32874.1.1, TIP No. B-3115 Please see the following amended items for the permit application sent March 12, 2004. Bridge Demolition (Page 2) The Final 1999 NCDOT's Best Management Practices for Bridge Demolition and Removal states that "If a CAMA permit is required, dropping any components of a bridge into the water will not be acceptable unless it is proven that there is no feasible alternative. Such an activity would require coordination with and approval of CAMA." Therefore, language in the permit application for bridge demolition will change to the following: Bridge Demolition: Bridge No. 61 is 300 feet long and 26.4 feet wide. It has a reinforced concrete deck on steel I -beams with concrete caps on timber piles. Best Management Practices for Bridge Demolition and Removal, which dictates that all existing structures M1 over water be removed by non -shattering methods, will be followed during demolition and construction. Bridge No. 61 will be removed without dropping any components into the surface waters. 1f during construction it is determined that this is not feasible, then an alternate bridge demolition plan will be coordinated with the Division of Coastal Management. The bridge will be removed in pieees that Femain in plaee en the eaps until MAILING ADDRESS: TELEPHONE: 919-715-1500 LOCATION: NC DEPARTMENT OF TRANSPORTATION FAX: 919-71 F-1501 2728 CAPITAL BLVD PROTECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS PLB SURE 168 1598 MAIL SERVICE CENTER WEBSITE. WWWNCDOrORG RALEIGH NC 27604 RALEIGH NC 27699-1598 APR 19 2004 Frade to rerneve thesethe . Turbidity curtains shall be installed along the banks of Town Creek to help prevent components of the existing bridge from entering the watercourse. NCDOT will adhere to a moratorium allowing no work in water during the period of February I through June 15 to protect the shortnose sturgeon and other anadromous fish. Piles and Bents (Include new information with PROPOSED IMPACTS TO WATERS OF THE UNITED STATES section on page 2) Pile Installation : The bridge will have pre -stressed concrete driven piles. Since the piles will not be jetted and therefore cannot be driven as deep, they will be in a braced A -frame form. The square piles will be 65 feet by 20 square feet. Subsequently, the bents are located in the water at four locations across the creek. Page 4. Mitigation Options. The statement concerning supporting structures will be removed. AVOIDANCE AND MINIMIZATION: Specific avoidance and minimization measures for this project include using a maximum slope of 3:1 and replacing the existing bridge in its current location with an off -site detour. The new bridge will span the entire widtr...r'I`..m% The tidal freshwater marsh will not be impacted because the new bridge will span this community as well. Thank you for your assistance with this project. If you have any questions or need additional information please call Carla Dagnino at (919) 715-1456. Sincerely ��" - �UA Gregory J. Thorpe, Ph.D Environmental Management Director, PDEA cc: Ms. Cathy Brittingham, NCDCM Mr. Bill Biddlecomb, USACE, Washington Mr. Travis Wilson, NCWRC Mr. Ron Sechler, NMFS Mr. Mike Street, NCDMF Mr. Omar Sultan, Programming and TIP Mr. Greg Perfetti, P.E., Structure Design Mr. H. Allen Pope, PE; Division 3 Engineer Mr. Dave Timpy, USACE, Wilmington Mr. John Hennessy, DWQ, Raleigh Mr. Gary Jordan, USFWS Mr. Art McMillan, P.E., Highway Design Mr. Jay Bennett, P.E., Roadway Design Mr. David Chang, P.E., Hydraulics Mr. Mark Staley, Roadside Environmental Mr. Mason Herndon, DIV 3 DEO / DIVISION OF COASTAL MANAGEMENT pp��� L� APPLICATION TRANSMITTAL AND PROCESSING RECOIRD 1) APPLICANT: NC Department of Transportation County: Brunswick LOCATION OF PROJECT: Bridge # 61, on NC 133 over Town Creek DATE APPLICATION RECEIVED COMPLETE BY FIELD: 04/02/04 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: No CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES FIELD REPRESENTATIVE: Bill Arrington DISTRICT OFFICE: Morehead\ DISTRICT MANAGER REVIEW: B) DATE APPLICATION RECEIVED IN RALEIGH: FEE REC'D: $ *o, 0 601016 PUBLIC NOTICE RECD: OV Iii /o 1V END OF NOTICE DATE: 61112 a ADJ. RIP. PROP NOTICES REC'D: DEED RECD: APPLICATION ASSIGNED TO: ON: C) 75 DAY DEADLINE: 150 DAY DEADLINE: MAIL OUT DATE: STATE DUE DATE: FEDERAL DUE DATE: FED COMMENTS REC'D: PERMIT FINAL ACTION:.ISSUE,..: ...:..:.... DENYIi\. DRAFTON AGENCY DATE COMMENTS 'RETURNED OBJECTION S: YES NO NOTES Coastal Management - Regional Representative Coastal Management,-LUPiConsistency:Iz 1a1•vi w. Division of Community Assistance Land Quality Section Division of Water Quality Storm Water Management (DWQ) Stafe'Properry'Office Division of Archives & History Division of Environmental Health Division of Highways Wildlife Resources Commission Division. of Water Resources Division of Marine Fisheries hI I Lv4V:U� I t..+ .. , Submerged Lands (DMF) NCDENR North Carolina. Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Acting Director William G. Ross Jr., Secretary MEMORANDUM: TO: DOUG HUGGETT FROM: BILL ARRINGTON SUBJECT: COMMENTS & RECOMMENDATIONS - CAMA MAJOR PERMIT — Replacement of Bridge No. 61 at the crossing of Town Creek on NC 133 in Brunswick County DATE: April 5, 2004 The following are my comments and recommendations regarding the above -mentioned proposal. The proposal is to replace the existing 300-foot long by 27-foot wide timber, steel and concrete bridge with a 300-foot long by 36-foot wide cored slab concrete bridge on the existing alignment. The proposed bridge would have a vertical clearance ± 2 feet greater than the existing bridge (approximately 8 feet). The bridge is being widened from 27 feet to 36 feet to more closely correspond to the 12 foot paved travel lanes and 8 foot grassed shoulders of NC 133. At each end bent, a work platform approximately 39-feet wide by 60-feet long will be installed from high - ground, upland of the end bent, towards the first bent water -ward of the end bent. An additiona120- foot wide work platform will be installed in the northwest quadrant from the high -ground behind the north end bent to approximately 20 feet into the water of Town Creek. NC DOT Best Management Practices would be used for Bridge Demolition and Design Standards for Sensitive Watersheds would be used for Erosion. control. NC DOT has committed to no in -water work from February 1 through June 15 of each year, due to the Shortnose Sturgeon and anadromous fish moratoriums. The project is well designed with minimization of impacts. I would recommend the project be approved contingent upon the following conditions: 1) No bridge demolition debri or excavated or fill material will be placed at any time, in any wetlands or surrounding waters, outside of the alignment of the fill area indicated on the work plats. 2) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands are not authorized. 3) All excavated materials will be confined above normal high water and landward of regularly or irregularly flooded wetlands behind adequate dikes or other retaining structures to prevent spillover of solids into any wetlands or surrounding waters. 151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled % 10% Post Consumer Paper 4 4) In order to protect Shortnose Sturgeon and anadromous fish populations, no excavation or filling will be permitted in the waters or contiguous marsh of Town Creek between February 1 and June 15 of any year without the prior approval of the DCM, in consultation with the DMF and NC WRC. 5) In order to protect water quality, runoff from the construction must not visibly increase the amount of suspended sediments in adjacent waters. 6) All fill material must be clean and free of any pollutants, except in trace quantities. Metal products, organic materials, or unsightly debris will not be used. 7) The riprap material must be free from loose dirt or any pollutant. It must be of a size sufficient to prevent its movement from the site by wave or current action. 8) Mitigation for the project impacts are debited from the EEP in accordance with the MOA. 9) Temporary impacted areas are monitored as in 9) above and considered permanent impacts if they do not retain the hydrology and vegetation that existed prior to the project construction. 10) Turbidity curtains shall be used to isolate all work areas from the stream at Town Creek, including pile or casement installation, placement of riprap, excavation or filling. The turbidity curtains shall be installed parallel to the stream banks on each side of the stream. The turbidity curtains shall extend past the construction limits and attach to the silt fences containing the work site. The turbidity curtains shall not encircle a work area or extend across the streams. The turbidity curtains are to be properly maintained and retained in the water until construction is complete and all of the work area contained by the turbidity curtains has been stabilized by vegetation or other means. The turbidity curtains shall be removed when turbidity within the curtains reaches ambient levels. 11) All commitments in the application and CE made by NC DOT are observed. Cc: Cathy Brittingham Charles Jones Jim Gregson ON DIVISION OF COASTAL MANAGEMENT ALWT,.WA NC®ENR NOF G OU . DEPuiTH OF ENNRONM EM .WO RE cuRCE3 151-B HWY. 24, HESTRON BUILDING MOREHEAD CITY, NC 28557 TELEPHONE: (252) 808-2808 FAX: (252) 247-3330 TO: STD OFFICE: Z-a5;4z- 4,6VEieTlsEME^1-r- .S6GT7dAl TELEPHONE #: FROM: �l L(� Ae4e/n/47d.-1 FAX#: rglbl3Y3-2Z2 OFFICE: DIVISION OF COASTAL NfANAGti'vIENT RE: I I , 2� isS'aie-- nF 774S-;44 A/Ei t� DATE SENT: 651166 ! 6e/ TOTAL NUMBER OF PAGES INCLUDING COVER SHEET: NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Acting Director William G. Ross Jr., Secretary April 5, 2004 Star News Legal Advertisement Section P.O. Box 840 Wilmington, NC 28402 Re: Public Notice - Brunswick/New Hanover County Dear Sir: Please publish the attached Notice in the Sunday, April 11, 204 issue of the Star News. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Jaye Poole, NC Division of Coastal Management, 1638 Mail Service Center, Raleigh, North Carolina 27699- 1638, Telephone (919) 733-2293. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Morehead City office (252) 808-2808. Sincerely, &4� --- Bill Arrington D.O.T. Field Representative wla Enclosure cc: Jim Gregson, District Manager Doug Huggett 151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagemeni.net An Equal Opportunity 1 Affirmative Action Employer —50% Recycled 110% Post Consumer Paper t NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an Area of Environmental Concern as designated under the CAMA was received on April 2, 2004. According to said application, the North Carolina Department of Transportation is requesting to replace Bridge No. 61, on NC 133, 1.1 miles north of Pinelevel, at the crossing of Town Creek, in Brunswick County. A copy of the entire application may be examined or copied at the office of Bill Arrington, NC Division of Coastal Management, located at 151-B Hwy. 24, Hestron Plaza Il, Morehead City, NC, (252) 808-2808 during normal business hours. Comments mailed to Charles S. Jones, Director, Division of Coastal Management, 1638 Mail Service Center, Raleigh, NC, 27699-1638, prior to May 2, 2004, will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon written request. PUBLISHED ON: Please publish on April 11, 2004 P. 01 TRANSACTION REPORT APR-06-2004 TUE 07:33 AM DATE START RECEIVER TX TIME PAGES TYPE NOTE M# DP APR-06 07:31 AM 89103432229 54" 3 SEND OK 352 � Mc DCM% DWQ% Development Type FEE (14300 1601 4351000931625 62531 (24300 1602 435100095 2341) I. Private, non-commercial - development that does not involve $250 100% ($250) 0% (SO) the filing or excavation of any wetlands or open water areas: it. Public or commercial development :r that does not involve the filling or S400 100% ($400) 0% (SO) -. excavation of any wetlands or open water areas: III. For development that involves the filling andlor excavation of up to 1 acre of wetlands and/or open water areas, determine if A. B, C. or D - below applies: ( III(A). For Private, noncommercial development, If General water Quality 5250 100%($250) 0%(50) Certification No.3301 (see attached) can be applied: , III(B): For public or commercial development, if General water Quality S400 100%(S400) 0%(SO) Certification No.3301 (see attached) can be applied: III(C). If General Water Quality Certification No. 3301 (see attached) could be applied, but DCM staff determined that additional review and $400 60% (S240) 40% (S160) written DWQ concurrence is needed because or concerns related to water quality or aquatic life: III(D). If General Water Quality Certification No. 3301 (see attached) 5400 60% ($240) 40% (SI60) can not be applied: IV. For development that involves the filling and/or excavation of more S475 60% (S285) 40% (S19O) than one acre of wetlands and/or open water areas: B-3115 Permit app Amendment Subject: B-3115 Permit app Amendment Date: Fri, 02 Apr 2004 10:18:55 -0500 From: "Carla S. Dagnino" <cdagnino@dot.state.nc.us> Organization: North Carolina Department of Transportation To: bill.arrington@ncmail.net Hi Bill, Please take a look at the attached amendment to the permit application. I checked with Joe Blair from the Division and he said that he would like to leave the .07 acre of Mech. clearing as is (permanent). He said that possibly it will be just mowing, but there may be some other clearing and he would rather be on the conservative side and not get a modification later. I addressed the other issues • Bridge demolition • Pile Installation • Bents in the water. Please let me now what you think and I will send out to the other agencies. Thanks. Carla DB-3115 CAMA Permit Ammendment.doc Name: B-3115 CAMA Permit Ammendment.doc Type: WINWORD File (application/msword) Encoding: base64 Download Status: Not downloaded with message A/1111A I.AA DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: North Carolina Department of Transportation 2. LOCATION OF PROJECT SITE: Bridge No. 61, on NC 133 over Town Creek in Brunswick County Photo Index - 2000: No Photo 1995: No Photo State Plane Coordinates: x: 2306425 y: 142276 GPS: Rover File # X032917A INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 12/8/03 & 3/29/2004 Was Agent Present - Yes on 12/8/03 5. PROCESSING PROCEDURE: Application Received as Complete- 4/2/2004 Office - Morehead City SITE DESCRIPTION: (A) Local Land Use Plan - Brunswick County Land Classification from LUP - Rural & Conservation (B) AEC(s) Involved: CW, PTA and PTS (C) Water Dependent: Yes (D) Intended Use: Public (E) Wastewater Treatment: Existing - N/A Planned - N/A (F) Type of Structures: Existing - NC 133 and 300-foot long by 27-foot wide bridge Planned - NC 133 and 300-foot long by 36-foot wide bridge (G) Estimated Annual Rate of Erosion: N/A Source: N/A HABITAT DESCRIPTION: [AREA] Excavated Filled Other (A) 404 Type Wetlands 0.10 acres (Permanent) 0.07 acres Mechanized <0.01 acres (Temp.) Clearing (B) Coastal Wetlands (C) Public Trust Area - Shallow ds t 6�10 sq. ft. nt na Bottom Shading 2070 sq. ft. (D)Other - High Ground 0.85 acres (In roadway and shoulders) (D) Total CAMA AEC Disturbed: approx. 0.27 acres Shading and Buffer Impacts (E) Total area disturbed by project: 2.5 acres (F) Primary Nursery Area: No (G) Water Classification: C-SW (H) Open for Shellfishing: No 8. PROJECT SUMMARY: The N.C. Department of Transportation is proposing to replace the existing 300-foot long timber, concrete and steel bridge over Town Creek with a 300-foot long cored slab concrete bridge spanning Town Creek and the adjacent Coastal Wetlands. FIELD INVESTIGATION REPORT NC DOT — B-3115, Bridge No. 61 over Town Creek, Brunswick County PAGE 2 9. PROJECT DESCRIPTION: The site of this proposal is Bridge No. 61 on NC 133, 1.1 miles north of Pinelevel at the crossing of Town Creek, in Brunswick County. The general purpose of the project is to replace the deteriorated 300-foot long by 27-foot wide timber, steel and concrete bridge with an 300- foot long by 36-foot wide concrete cored slab bridge Spanning Town Creek and the adjacent Coastal Wetlands to allow safer driving conditions for the traveling public. Bridge No. 61 crosses Town Creek 2 miles west of its confluence with the Cape Fear River. The bridge crossing Town Creek is flanked with Coastal Wetlands and 404 type wetlands. Creek width at the crossing is approximately 120 feet. Bridge No. 61 crosses Town Creek at approximately a 45-degree angle. Vertical clearance between the water and bridge bottom is approximately 6 feet. An approximately 500-foot long by 60-foot wide causeway was constructed through wetlands on Chowan silt loam soils when the bridge was constructed. The Coastal Wetland area exists immediately adjacent to Town Creek and consists of Cladium and Spartina cynbsuroi des. The 404 type wetlands betweerr the coastal wetlands and the high ground is vegetated with Red Cedar and Baccaris halimifolia, Pine, Maple, Gum, Honeysuckle, Myrtle, Cypress and Carex. Soils on this site are mainly Chowan silt loam with Baymeade fine sand and Blanton fine sand in the upper elevations farthest from the bridge, as classified by the NC Soil Conservation Service. Approximate elevations on the site range between 0 feet and 10 feet above Normal High Water (NHW). No evidence of SAV beds was noted. The North Carolina Division of Water Quality classifies waters of Town Creek as C-SW at the project site. Town Creek is not classified as Primary Nursery Area, as designated by the North Carolina Division of Marine Fisheries, at this site. The project area is within CAMA Areas of Environmental Concern and is designated as Rural and Conservation by the Brunswick County Land Use Plan. The proposal is to replace the existing 300-foot long by 27-foot wide timber, steel and concrete bridge with a 300-foot long by 36-foot wide cored slab concrete bridge on the existing alignment. The proposed bridge would have a vertical clearance ± 2 feet greater than the existing bridge (approximately 8 feet). The bridge is being widened from 27 feet to 36 feet to more c losely correspond to the 12 foot paved travel lanes and 8 foot grassed shoulders of NC 133. At each end bent, a work platform approximately 39-feet wide by 60-feet long will be installed from high - ground, upland of the end bent, towards the first bent water -ward of the end bent. An additional 20-foot wide work platform will be installed in the northwest quadrant from the high -ground behind the north end bent to approximately 20 feet into the water of Town Creek. NC DOT Best Management Practices would be used for Bridge Demolition and Design Standards for Sensitive Watersheds would be used for Erosion control. NC DOT has committed to no in -water work from February I through June 15 of each year, due to the Shormose Sturgeon and anadromous fish moratoriums. FIELD INVESTIGATION REPORT NC DOT — B-3115, Bridge No. 61 over Town Creek, Brunswick County PAGE 10. ANTICIPATED IMPACTS: As proposed, the construction of the bridge approaches with 3:1 slopes would require the filling of approximately 0.10 acres of 404 type wetlands and approximately 2 acres of impacts to high ground. To allow room for installation of erosion control measures, approximately 0.07 acres (10 feet outside construction limits) of 404 type Wetlands would be disturbed adjacent to the road shoulders. Installation of the pilings for the three work platforms would temporarily fill less than 0.01 acres of 404 type wetlands and open water. The additional width of the bridge would cause approximately 2070 square feet of additional shading impacts to Public Trust Waters AEC. A minimal disturbance of the creek bottom is expected when driving the pre -stressed concrete piles for the 4 bents in the stream. NC DOT has reduced the fill in wetlands that would have occurred in raising the causeway and widening the bridge by using 3:1 approach shoulder slopes. NC DOT has committed to dropping no materials from the bridge demolition in the water and to using top down construction and an off -site detour to minimize impacts. Due to the presence of Shortnose Sturgeon and anadromous fish in Town Creek, NC DOT has committed to an in -water work moratorium from February 1 to June 15. The NC DOT has proposed to use Design Standards for Sensitive Watersheds BMP's to minimize the impacts of erosion. NC DOT would be impacting approximately 0.17 acres of 404 type wetlands caused by the permanent bridge in this proposal and requests to debit the EEP to offset these impacts. No mitigation is proposed for the <0.01 acres of temporary impacts that may be caused during the installation of the work platform pilings. The collective disturbance area for the project is 2.5 acres. Bill Arrington April 5, 2004 Morehead City STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY LYNDO TIPPETT GOVERNOR SECRETARY March 12, 2004 N.C. Department of Environment and Natural Resources Division of Coastal Management 151-B Hwy 24 Hestron Plaza II Morehead City, NC 28557 Attention: Mr. Bill Arrington District Manager Dear Sir: Subject: Application for CAMA Major. Development Permit for the proposed replacement of Bridge No. 61 on NC 133 over Town Creek in Brunswick County, NCDOT Division 3. Federal Project No. BRSTP-133(1), State Project No. 8.1231401, WBS Element: 32874.1.1, TIP No. B-3115 The North Carolina Department of Transportation (NCDOT) proposes to replace Bridge No. 61 over Town Creek on NC133. Bridge No. 61 will be replaced on the existing alignment with a new bridge approximately 300 feet in length and a with cleared roadway width of 32 feet. The approaches will include two 12 foot lanes with 8 foot shoulders. Permanent impacts to non coastal wetlands associated with the replacement of Bridge No. 61 will. include 0.10 acre of permanent fill and 0.07 acre of mechanized clearing. The traffic will be detoured to NC 87 during bridge construction. Please find enclosed copies of the Coastal Area Management Act (CAMA) permit application (MPI and MP5), Categorical Exclusion (CE), permit drawings, half size plans, a North Carolina Division of Water Quality Stormwater Exemption letter, Guidelines for Avoiding Impacts to the West Indian Manatee, an EEP Request Letter, green cards from the Adjacent Riparian Land Owners and a method of debiting $400 to be submitted to the DCM for processing the CAMA permit. MAILING ADDRESS: NC DEPARTMENT OF TRANSPORTATION PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 1598 MAIL SERVICE CENTER TELEPHONE: 919-715-1500 FAX: 919-715-1501 WEBSITE. WWW.NCDOT.ORG LOCATION: 2728 CAPITAL BLVD PLB SUITE 168 RALEIGH NC 27604 3' • Schedule for Construction: It is assumed that the Contractor will begin construction of the proposed temporary work bridge shortly after the date of availability for the project. The Let date is July 20, 2004 with a date of availability of August 25, 2004. Restoration Plan: Following the construction of the temporary work bridge, the construction of the permanent bridge will be completed. Once the temporary work bridge is no longer needed, all material used in the construction of the temporary work bridge will be removed. The temporary impact area associated with the work bridge is expected to recover naturally. Restoration of the project area will take place immediately following project completion and prior to traffic flow to the new bridge. Removal and Disposal Plan: After the temporary work bridge is no longer needed, all temporary work bridge material will become the property of the contractor. The contractor will be required to submit a reclamation plan for the removal and disposal of all work bridge material and demolished bridge material to an off -site upland location. Utility Relocation: There are four utility lines located at the project site. NCDOT's Utility - Right -of -Way (Unit 3) has provided relocation plans for two utilities (Bell South and AT&T). Preliminary relocation plans were also provided for Brunswick EMC and Time Warner. At this time our data indicate that there will be no CAMA or Section 404 jurisdictional resources impacted. If final plans result in 404 and/or CAMA impacts, NCDOT will apply for a Nationwide 12 Permit. PROTECTED SPECIES Threatened and Endangered Species: Plants and animals with federal classification of Endangered, Threatened, Proposed Endangered and Proposed Threatened are protected under provisions of Section 7 and Section 9 of the Endangered Species Act of 1973, as amended. As of January 29, 2003, the U.S. Fish and Wildlife Service (USFWS) lists 14 federally protected species for Brunswick County. In August 1999 a survey for the federally protected species found that habitat does exist for the endangered woodstork (Mycteria americana), roughed -leaved loosestrife (Lysimachia asperulaefolia), Cooley's Meadowrue (Thalictrun cooleyr) and the threatened bald eagle (Halieetus leucocephalus) species. Currently these species receive biological conclusions of "Unresolved". However, another survey will be conducted for each of these species in May of 2004, prior to construction. Biological conclusions of "No Effect" for each of the remaining species are valid and are presented in the attached CE. • West Indian Manatee: The U.S. Fish and Wildlife Service has developed a list of "Precautions for the general construction in areas which may be used by the i Section 404 compensatory mitigation requirements for NCDOT projects that'are listed in Exhibit 1 of the subject MOA during the Ecological Enhancement Program (EEP) transition period which ends on July 1, 2005. Since the subject project is listed in Exhibit 1 the necessary compensatory mitigation to offset unavoidable impacts to waters that are jurisdictional under the federal Clean Water Act will be provided by the EEP (see attached letter to EEP). The offsetting mitigation will derive from an inventory of assets already in existence within the same Ecoregion and the same 8-digit cataloguing unit. We have avoided and minimized the impacts to jurisdictional resources to the greatest extent possible as described above. The remaining, unavoidable impacts to 0.17 acre of jurisdictional wetlands will be offset by compensatory mitigation provided by the EEP program. REGULATORY APPROVALS NCDOT requests that the proposed work be authorized under a Coastal Area Nanagement Act Major Development Permit. NCDOT will also be applying for issuance of a United States Army Corps of Engineers NWP 23 and NWP 33 and a section 401 Water Quality Certification from the North Carolina Division of Water Quality under a separate cover. Thank you for your assistance with this project. If you have any questions or need additional information please call Carla Dagnino at (919) 715-1456. Sincerely Gregory J. Thorpe, Ph.D Environmental Management Director, PDEA cc: Ms. Cathy Brittingham, NCDCM Mr. Bill Biddlecomb, USACE, Washington Mr. Travis Wilson, NCWRC Mr. Ron Sechler, NMFS Mr. Mike Street, NCDMF Mr. Omar Sultan, Programming and TIP Mr. Greg Perfetti, P.E., Structure Design Mr. H. Allen Pope, PE; Division 3 Engineer Mr. Dave Timpy, USACE, Wilmington Mr. John Hennessy, DWQ, Raleigh Mr. Gary Jordan, USFWS Mr. Art McMillan, P.E., Highway Design Mr. Jay Bennett, P.E., Roadway Design Mr. David Chang, P.E., Hydraulics Mr. Mark Staley, Roadside Environmental Mr. Mason Hemdon, DIV 3 DEO Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract 2.5 acres b. Size of individual lots) N/A c. Approximate elevation of tract above MHW or NWL 0 = 10 feet d. Soil type(s) and texture(s) of tract Chowan silt loam (ch)• Bavmeade Fine Sand e. Vegetation on tract: Tidal Freshwater/Brackish Marsh; Bottomland Hardwood Forest, Upland Pine Forest f. Man-made features now on tract existing bridge. roadway, and utilities g. What is the CAMA Land Use Plan land classification of the site? (Consult the local land use plan.) _ Conservation —Transitional _ Developed _ Community X Rural _ Other h. How is the tract zoned by local government? ' Zoned for some commercial, some residential, see Tax map #86 i. Is the proposed project consistent with the applicable zoning? X Yes _No (Attach zoning compliance certificate. ifapplicable) j. Has a professional archaeological assessment been done for the tract? _ Yes X No If yes, by whom? k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes X No Are there wetlands on the site? X Yes —No Coastal (marsh) X Other X If yes, has a delineation been conducted? YES (Attach documentation. ifavailable) m. Describe existing wastewater treatment facilities. n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges.) surface runoff o. Describe existing drinking water supply source. N/A 5. ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: • A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. • An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale in black ink on an 8 1/2" by I V white paper. (Refer to Coastal Resources Commission Rule 710203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue -line prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the site. Include highway or secondary road (SR) numbers, landmarks, and the like. Form DCM-MP-5 BRIDGES AND CULVERTS Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. 1. BRIDGES a. Public X Private b. Type of bridge (construction material) concrete - cored slab c. Water body to be crossed by bridge Town Creek d. Water depth at the proposed crossing at MLW or NWL 30 Feet e. Will proposed bridge replace an existing bridge? X Yes _ No If yes, (1) Length of existing bridge 300 ft (2) Width of existing bridge 24.0 ft (3) Navigation clearance underneath existing bridge 6.0 ft (4) Will all, or a part of, the existing bridge be removed? (Explain) all of the existing bridge will be removed. Will proposed bridge replace an existing culvert(s)? Yes X No If yes, (1) Length of existing culvert N/A (2) Width of existing culvert N/A (3) Height of the top of the existing culvert above the MHW orNWL N/A (4) Will all, or a part of, the existing culvert be removed? (Explain) N/A g. Length of proposed bridge 300 ft h. Width of proposed bridge 36 ft i. Height of proposed bridge 2bove wetlands loft j. Will the proposed bridge affect existing water flow? X Yes _ No If yes, explain The low chord on the proposed bridge is 2 ft +/- higher than that of the existing structure. Therefore there is more flow area under the k. Navigation clearance underneath proposed bridge Will the proposed bridge affect navigation --by reducing or increasing the existing navigable opening? X Yes No If yes, explain The low chord on the proposed bridge is 2 ft +/- higher than that of the existing structure. Therefore there is more area to navigate under the bridge m. Will the proposed bridge cross wetlands containing no navigable waters? _ Yes X No If yes, explain n. Have you contacted the U.S. Coast Guard concerning their approval? _ Yes X No If yes, please provide record of their action. Revised 03/95 Form DCM-MP-S (6) Does the disposal area include any area below the MHW orNWL? Yes X No If yes, give dimension if different from No. 2 above. e. Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d. above) to be placed below MHW orNWL? _Yes X No If yes, (1) Length of area to be filled (2) Width of area to be filled (3) Purpose of fill Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d. above) to be placed within: _ Coastal Wetlands _ SAVs X Other Wetlands If yes, (1) Length of area to be filled 320 ft (2) Width of area to be filled 15 ft (avg.) (3) Purpose of fill roadway embankment . g. Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d. above) to be placed on highground? X Yes _No If yes, (1) Length of area to be filled 930 ft +/- (2) Width of area to be filled 70 ft+/- (3) Purpose of fill roadway embankment 4. GENERAL a. Will the proposed project involve any mitigation? X Yes _ No If yes, explain in detail For 0.17 acres impact in wetland b. Will the proposed project require the relocation of any existing utility lines? —Yes —No If yes, explain in detail c. Will the proposed project require the construction of any temporary detour structures? _ Yes X No If yes, explain in detail d. Will the proposed project require any work channels? _ Yes X No If yes, complete Form DCM-MP-2 e. How will excavated or fill material be kept on site and erosion controlled? Design Standards for Sensitive Watersheds will be used. f. What type of construction equipment will be used (for example, dragline, backhoe or hydraulic dredge)? Standard bridge and roadway construction equipment. g. Will wetlands be crossed ;in transporting equipment to project site? X Yes No If yes, explain steps that will be taken to lessen environmental impacts. Work bridges will be used to minimize impacts h. Will the placement of the proposed bridge or culvert require any shoreline stabilization? —Yes X No If yes, explain in detail TMiP>S. ITU,vv;1 IT Aeplicant or Project Name z Signature zN;164 Date Revised 03/95 The project is located in the Southern Outer Coastal Plain in Brunswick County in the Cape Fear River basin in Hydrological Cataloguing Unit 03030005. The wetland impacts, summarized in Table 1, totals 0.17 acre of non-riverine bottomland wetlands. We propose to provide compensatory mitigation for the wetland impacts by using the EEP for the 0.17 acres of impacts. Table 1: Summary of Jurisdictional Impacts Section Permanent Wetlands ac Streams ft Riverine Non riverine RJW 13+70-L- To 16 + 70-L- 0.17 Please send the letter of confirmation to Dave Timpy (USACE Coordinator) at U. S. Army Corps of Engineers Division 3 Regulatory Field Office, (P.O. Box 1890, Wilmington, NC 28402-1890). Mr. Timpy's FAX number is (910) 251-4025. The current let date for the project is July 20, 2004 for which the let review date is (June 1, 2004). In order to satisfy regulatory assurances that mitigation will be performed; the NCD WQ (North Carolina Division of Water Quality) requires a formal letter from EEP indicating their willingness and ability to provide the mitigation work requested by NCDOT. The NCDOT requests such a letter of confirmation be addressed to Mr. John Hennessy of NCDWQ, with copies submitted to NCDOT. If you have any questions or need additional information please call Carla Dagnino at (919)715-1456 Sincerely, z jiGregory J. Thorpe, Ph.D., Environmental Management Director Project Development & Environmental Analysis Branch cc: Ms. Cathy Brittingham, NCDCM Mr. Dave Timpy, USACE, Wilmington Mr. John Hennessy, DWQ, Raleigh Mr. Travis Wilson, NCWRC Mr. Gary Jordan, USFWS Mr. Ron Sechler, NMFS Mr. Mike Street, NCDMF Mr. Jay Bennett, P.E., Roadway Design Mr. Omar Sultan, Programming and TIP Mr. Art McMillan, P.E., Highway Design Mr. David Chang, P.E. , Hydraulics Mr. Greg Perfetti, P.E., Structure Design Mr. Mark Staley, Roadside Environmental Mr. H. Allen Pope, PE; Division 3 Engineer Mr. Mason Hemdon, DIV 3 DEO M AN 0"I RIO It ruA stab > NN gn -mgvi X to 4 0 fvxlli wvh 8 Orr pq nz3 � 0- SERA Cy Ail z .4 P.1 S III PENHISH UNITS pMWAY IOd DETAIL A LATERAL BASE DITCH Iwr ra seaw� n PiD• • Al,D a1SF1. Ptr w..a M13FR. '•w.!YCW �A.2.0Ff. r,H, •v LV -CLASS B 519 .OF" STA-1A+A0 TO 17+50 L LT DETAIL B SPECUL LATERAL BASE DITCH wn� Iwr ro se-.R kpytd n / p •w• RaPP nr� iaM Y H0 •1.5Ft. Hax.a-1.SF+. B-2.OF1. TIM •Y LI., - CLASS S R► RAP STA. 17+50 TO 19+00 .-L. LT_ DETAIF C SPECUL CC DI CN pray • tt! vvvv '^ D STA. 19+00 TO 20+50 4,- LT. O 2 Q T. F. HDLDINGS LIMITED PARTNERSHIP LP PROJECT B-3115 SKETCH OF RRiDGE NN RELATION TO PAVEMENT ryPE III a "PE 111 W TE ill p '4 000 _IWIii 5©%GI _ - �rvvvv.-.-.-vim vvrr�� vi--4 •� 1 \X1N THEN CREEK TIMBER COMPANY \W 1 ® DENOTES FILL IN WETLAND Lo; •� DENOTES MECHANIZED • ' • • CLEARING IN WETLANDS + OxaGE - N ✓wvs✓ k 8 I'M9 w CbIC BR,R, iibc §�TSAi�O.TJfRY- A -L- P1 5/a 20+•58DD A- 165r3D.P(RTl D - Y45'00.0 T - 4 SE -226,60 OD9 RO - 2/0 •✓vn i DAVID R. HAPLESS \ O I • �•q� ✓�3 I / DAVID R. HAPLESS I I END TIP PROJECT B-3115 a a+ o WA A RAMP END *PS. .. I > BM7[Rra ML • t1• APK TI L c I I 11 Pp 40. w TL I 6N.5 o9•10R ¢ l RAIRLL 3:FLD'MT.' a ��` 1 1 / � •iYc�p1 1 r vosR mLc N6I � SpTRARCO uM 1 / 8 / _IS'R /� 1 A e ITCR[0 4u5 BELL SOUTH - �$• \ L lu rS .b._y^y 1 1 T AA1 i WILLIAM C. RARRICK. IN J. CLARK MPP QO 1{:` MLLIAM Z-Wff11( _ 2 +3138 � LT.& RT. / r/ A X'r bE CHARLES G. SUFF, ■ �------ NOTE: SEE SHEET 5 FOR -L- PROFILE S wza NCDOT DIVISION OF HIGHWAYS BRUNSWICK COUNTY PROJECT: 32874.1.1(B-3115) REPLACE BRIDGE NO.61ON NC 133 OVER TOWN CREEK P'A\V'T REMOVAL hce T Ot I V 11-18-03 IM D-1.5F1. Fatrlp Wat.E-1.5Ft. eB =25.OFt. TYo• of LMr = CLASS I RAP RA► OFt STA.16+I0 TO 17+30 -L- L7 DETAIL I SPECUL LATERAL BASE DITCH p • yid Fsbw Fllt Fm W MI'D=1.5Ft. Mo..a=1.$Ft. 8=2.Oft. Trp• of Llr,•F = CLASS I RP RAR STA 17+50 TO 1I+00 y IT SPE Mi Cu� DITCH lwt ro smw td wY. • t p IWu D=2.0Ft. STA. 19+00 TO 20+50 4, LT. O T. F. HOLDINGS LISTED PARTNERSHIP Q BEGIN TIP PROJECT YAKn CIF •cops O I TOWN CRM TIMBER COMPANY ® DENOTES FILL IN WETLAND • DENOTES MECHANIZED '•'•'�• CLEARING IN WETLANDS * YgYSn ISHIIN PENIM UNITS SNc7CH OF BRIDGE IN RELATION TO PAVEMENT ]YPF nr Y TYP E 111 T��YPE In v nff a K t7� TR IQ C* * .OWS �—YS•HO'bc BNiOLE {/�1 pp 5y / I � W 1.01 MIDGE • 1i 5LL Jk i AND RRWgE� NO Rf1ET3 tpp p .1D.P6 ( . p Y iY �ITFY YASX YWDS 4 YYRfII i GQV N / PoT SJa 13#6877 8 M1 z° S -L- PJ SJo 217+5IDO A- 1652 300(RT) D - X45'000 T - 4 R . I-WJ7 SE - OW AD - 2NY mumN S NO. SNHT WO. Rw Mlen No. ' pE3ICH VHR MTDM1WIc3 FtlppV�R / W+ ��Y � r9 • / 1p.F /i DAVID R. HARLESS i DAVID R. HARLESS I IJo. /8+3136 I 7 u8°dEr°E w END TIP PROJECT 8-3115 o .aaos L 2J+25D0 MDA Txu .. 5 • fN0 4'P.S. •+AV MTp.. Y.. YRu (p IE I sxs V'e+101 § 1 I I I •TVWS tout I / ppl�yy• �y6Y 1 arosr �_ 9 fesr 1 I gitiCgAFn 1 1 }d.`y I �n e c !P 3 ` 1 SallEgySY' 1 hY3 B(1L SONIN • �X• \ I h6144.\,[� 1 L'D3 zAv �► EST.— SW 0 6T.3 T rt Rk HPP 4 St WILLIAY �• WILLIAM C. WARWICK.O G� x 3 M'rY yr E • CHARLES G. SCAFF. R -�� ' NOTE: SEE SHEET 5 FOR -L- PROALE RT. RT. NCDOT DIVISION OF HIGHWAYS BRUNSWICK COUNTY PROJECT: 32874.1.1(B-3115) REPLACE BRIDGE NO.61ON NC 133 OVER TOWN CREEK PAV'T REMOVAL Aee� 6 4 IU II-18-03 PROPOSED GRADE 10' EXISTING GRADE J lza' PI = 15+20.00 —�— EL=12.15' VC = 260' (+)0.4545% CLASS II� RIP RAP I 0----------- - - --- ,� -10' -20' -30' 14+00 I HIGF _ TIDE ELL\ �T SILRW.. T1DE� I � I \� I PL STA. 15+20 -L- PI = 17+50.00 ELEV.- 11.85' EL = 11.10' 5 SPANS Q 60'; 21' CORED SLAB ( O.A.L.- 300' ) VC = 140' SKEW 1200 (-)0.4565% I I I.09' 1019/01) -EV— Q89' U/2 I I I I � I 15+00 II I CLASS II RIP RAP" 1 10, IOOYR WSEL 8.61' 50YR WSEL 8.00' -10' NOTE: NO DECK DRAINS WILL BE REQUIRED ON THIS STRUCTURE n 17+00 —20' PROPERTY OWNERS NAMES AND ADDRESSES PARCEL NO. NAMES 2 T. F. HOLDINGS 1 y- TOWN CREEK TIMBER COMPANY 3 W` DAVID R.HARLESS 4 ;<: J.CLARK HIPP 4 W.C. WARWICK, III ,� .. Cl�_k�! H��{Y�J aue,tzrg +�IY�r•.zld; Ml ADDRESSES 1202 EASTWOOD RD. WILMINGTON, NC 28403 P.O. BOX 4886 WILMINGTON, NC 28406 2765 RIVER RD.SE WINNABOW, NC 28479 504 DOCK ST. WILMINGTON, NC 38401 9165 RIVER OAKS LANE SE WINNABOW, NC 28479 LENA NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Acting Director William G. Ross Jr., Secretary April 5, 2004 Gregory J. Thorpe, Ph.D., Environmental Management Director NC Department of Transportation Project Development and Environmental Analysis Branch 1548 Mail Service Center Raleigh, NC, 27699-1548 Dear Mr. Thorpe, The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval for the replacement and widening of Bridge No. 61 at the crossing of Town Creek on NC 133 in Brunswick County, T.I.P. project 133115. The information submitted April 2004, completed your application and it appears to be adequate for processing at this time. The rojected deadline for making a decision is June 15, 2004. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from theDATE RECEIVED, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a."Notice of Permit Filing" postcard which must be posted at the proposed development. You should post this notice at a conspicuous point along the roadway where it can be observed from the road. An example would be: nailing the notice card to a telephone pole or tree along the road right of -way near the project. Failure to post this notice could result in an incomplete application. An onsite inspection will be made,and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Thank you for the well -prepared application Package and drawings. Sincerely, Bill Arrington, D.O.T. Field Representative, NC Division of Coastal Management Enclosure cc: Doug Huggett, Jim Gregson, District Manager 151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper AL T COMMENTS ACCEPTED THROUGH Mo. 2-1) 200Y APPLICANT: t4c InT VC/ FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: WETLAND PERMIT IMPACT SUMMARY WETLANIMPACTS D SURFACE WATER IMPACTS Station (From/io) Structure Size /Type Fill In Wetlands ac Temp. Fill In Wetlands ac) Excavation In Wetlands ac Mechanized Clearing (Method III) ac Fill In SW (Natural) ac Fill In SW (Pond) ac Temp. Fill In SW (ac Existing Channel Impacted (it) Natural Stream Design Site No. BRIDGE 0.10 <0.01 0.07 <0.01 <0.01 1 13+70-L-TO 16+70 -L- ... LE 0.07 TOTALS: 0.10 0 0 NOTE: FILL IN SURFACE WATER IS DUE TO THE PIERS FOR THE PROPOSED STRUCTURE AND THE TEMPORARY FILL IN WETLANDS AND TEMPORARY FILL IN SURFACE WATER IS DUE TO THE PILES FOR THE TEMPORARY WORK BRIDGES. 0 0 0 0 0 DEPARTMENT OF TRANSPORTATION NC DIVISION OF HIGHWAYS BRUNSW ICK COUNTY PROJECT 32874.1.1 (B-3115) SHEET / ✓ C O 2 9 2009 APPROVED: L GL Date /ZkZ' Date Brunswick County Bridge No. 61 on NC 133 Over Town Creek Federal Project BRSTP-133 (1) State Project 8.1231401 TIP No. B-31 IS CATEGORICAL EXCLUSION U. S. DEPARTMENT OF TRANSPORTATION FEDERAL HIGHWAY ADMINISTRATION AND N. C. DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS } Robert P. Hanson, P. E., Assistant Manager Project Development and Environmental Analysis Branch JNicholas Graf, P. E. 6. Division Administrator, FHWA Brunswick County Bridge No. 61 on NC 133 Over Town Creek Federal Project BRSTP-133 (1) State Project 8.1231401 TIP No. B-3115 CATEGORICAL EXCLUSION Documentation Prepared in Project Development and Environmental Analysis Branch By: a e Beverly G. R on 4a e Project Development Engineer ��....,..,,,,,• r•`�1� CCARN ,y9 ESS10, Date Ames A. McInnis Jr., P.E. 20701 ; Project Development, Unit Head ,�lj•'•.th'GINE,:Q c ��''•. A •M '14 -f� 1 9-t-o2 �J 2 G 2 • Dat Robert P. Hanson, P. E., Assistant Manager Project Development and Environmental Analysis Branch TABLE OF CONTENTS PROJECT COMMITMENTS I. SUMMARY OF RECOMMENDATIONS ................................................... 1 II. HISTORY OF PROPOSED PROJECT ......................................................... 2 III. ANTICIPATED DESIGN EXCEPTIONS 2 .................................................... IV. EXISTING CONDITIONS 2 ............................................................................ V. STUDIED ALTERNATIVES 3 ........................................................................ VI. RECOMMENDED IMPROVEMENTS 4 ........................................................ VH. ENVIRONMENTAL EFFECTS 4 ................................................................... A. General Project Information............................................................... 4 B. Air and Noise ..................................................................................... C. Land Use & Farmland Effects 5 ............................................................ D. Historical Effects & Archaeological 5 Effects ...................................... 6 E. Natural Resources.............................................................................. 6 1. Soils....................................................................................... 6 2. Water Resources.................................................................... 6 a. Best Usage Classification ........................................... 7 b. Stream Characteristics............................................... 7 C. Water Quality ............................................................. 7 d. Benthic Macroinvertebrate Ambient Network........... 8 e. Summary of Anticipated Impacts ............................... 8 3. Biotic Resources.................................................................... 9 a. Terrestrial Communities ............................................ 9 b. Aquatic Community ................................................... I I 4. Wildlife.................................................................................. 11 a. Terrestrial Impacts ..................................................... I 1 b. Aquatic Impacts......................................................... 12 5. Jurisdictional Topics.............................................................. 12 a. Waters of the United States ........................................ 12 b. Characteristics of Wetlands and Surface Waters ....... 13 C. Permits....................................................................... 13 d. Avoidance, Minimization, Mitigation ........................ 14 6. Bridge Demolition................................................................. 14 7. Rare and Protected Species .................................................... 14 a. Federally -Protected Species ....................................... 14 b. Federal Species of Concern and State Listed Species 23 VIII. COMMENTS, COORDINATION AND PUBLIC INVOLVEMENT.......... 25 IX. CONCLUSION.............................................................................................. 26 TABLES Table 1 Estimated Impacts to Terrestrial Communities .................................. 12 Table 2 Federally Protected Species for Brunswick County ........................... 15 Table 3 Federal Species of Concern for Brunswick County ........................... 24 FIGURES Figure I Vicinity Map Figure 2 Aerial Mosaic Figure 3 Snapshots of Bridge Figure 4 Proposed Detour Route APPENDIX 1 PROJECT COMMITMENTS [ ;1:1 , ' t, '• TIP PROJECT B-3115, Brunswick County Bridge No. 61, on NC 133 Over Town Creek Federal Aid Project BRSTP-133(1) State Project 8.1231401 1. Structure Design Unit, Division 3: Bridge Demolition: Bridge No. 61 is 300 feet (91.4 meters) long and 26.4 feet (8.04 meters) wide. It has a reinforced concrete deck on steel I -beams with concrete caps on timber piles. Thus, there is a potential for components of the bridge to be dropped into Waters of the United States during construction. The resulting temporary fill associated with the bridge will be as much as approximately 158.9 cubic yards. This calculation was based on the entire length of the bridge extending over surface waters as well as jurisdictional wetlands. All deposited components will be removed from the Waters of the U.S. as quickly as possible. During construction, Best Management Practices for Bridge Demolition and Removal will be followed. To ensure the project will not adversely affect the endangered shortnose sturgeon, explosives will not be used in the bridge demolition. 2. Hydraulics Unit, Structure Design Unit, Division 3: Stream Crossing Guidelines: NCDOT's "Stream Crossing Guidelines. for Anadromous Fish Passage" will be followed in the design & construction phases. 3. Division 3: Construction Moratorium: There will be no in -water or in -marsh activity from February 1 through June 15. This is considered the in -migration, spawning, and out - migration period for the endangered shortnose sturgeon and another anadromous fish. All measures should be taken to prevent sedimentation in Town Creek during ' construction. The U.S. Fish and Wildlife Service has developed a list of "Precautions for the general construction in areas which may be used by the West Indian manatee in North. Carolina." These precautions will be considered in all aspects of project construction; therefore, this project will not affect the West Indian manatee. NCDOT has agreed to delay closing NC 133 until after Labor Day. Categorical Exclusion Page 1 of 2 June 2002 4. Roadside Environmental Unit: Design Standards in Sensitive Watersheds: To ensure the project will not adversely affect the endangered shomiose sturgeon, Design Standards for Sensitive Watersheds (formerly High Quality Water Guidelines) will be used. 5. Roadway Design Unit: Fill slope in wetland areas: To minimize wetland impacts and provide for slope stability, the maximum fill slope of 3:1 will be used in wetland areas. 6. Project Development and Environmental Analysis Branch, Division 3: 1) NCDOT will investigate whether any necessary improvements are needed for NC 87 to be used as a detour route, including the need for additional traffic signals and resurfacing. 2) NCDOT will provide Carolina Power and Light Company and Brunswick County Emergency Management_ Officials with an estimate of the amount of time the closure of NC 133 will add to evacuation times for the Brunswick Nuclear Plant. 3) In response to local government requests, NCDOT will provide further public notification regarding this bridge replacement, road closure and detour route. This will be coordinated with Brunswick County Emergency Management. Categorical Exclusion Page 2 of 2 June 2002 Brunswick County Bridge No. 61 on NC 133 Over Town Creek Federal Project BRSTP-133 (1) State Project 8.1231401 TIP No. B-3115 Bridge No. 61 carries NC 133 over Town Creek in Brunswick County. TIP Project B-3115 proposes to replace this bridge, and is programmed in the Draft 2004- 2010 Transportation Improvement Program (TIP) as a bridge replacement project. NC 87 will be used as a detour route during the replacement of Bridge No. 61 and will be patched and resurfaced as a part of this project. This project is part of the Federal Highway Bridge Replacement and Rehabilitation Program (HBRRP) and has been classified as a "Categorical Exclusion". No substantial environmental impacts are expected. I. SUMMARY OF RECOMMENDATIONS Bridge No. 61 will be replaced in its existing location on NC 133 over Town Creek (see Figure 2). The new bridge will be approximately 300 feet (91 meters) in length and placed at approximately the same elevation as the existing bridge. Traffic will be detoured onto NC 87 (See Figure 4). The proposed bridge will have a clear roadway width of 32 feet (9.6 meters), which will provide two 12-foot (3.6-meter) lanes with 4-foot (1.2-meter) offsets. The approaches will include two 12-foot (3.6-meter) lanes and 8-foot (2.4 meter) shoulders with 4-foot (1.2 meter) full depth paved shoulders. Based on preliminary design, the design speed should be approximately 60 mph (100 km/h). NC 87 will be used as the detour route during the replacement of Bridge No. 61. NC 87 will be patched and resurfaced from the southern city limits of Boiling Spring Lakes to the northern city limits of Boiling Spring Lakes. The proposed project is included in the Draft 2004-2010 Transportation Improvement Program (TIP). The current schedule includes right of way acquisition in July 2003 and construction in July 2004. The estimated cost of the project is $1,905,000 including $1,400,000 in construction costs, $5,000 in right of way costs and $500,000 for patching and resurfacing NC 87. The estimated cost shown in the Draft 2004-2010 TIP is $1,935,000 which includes $235,000 for right of way acquisition and $1,700,000 for construction. II. HISTORY OF PROPOSED PROJECT A Categorical Exclusion was approved for this project on May 23, 2000 by NCDOT and the Federal Highway Administration. In the approved Categorical Exclusion, the recommended alternative would replace Bridge No. 61 on new location west of the existing bridge. The existing bridge would be utilized as a detour structure. After further investigation, it was determined the proposed horizontal alignment would be worse than the existing horizontal alignment. It was determined replacing the bridge on existing alignment with an offsite detour would be the best alternative for this project and reduce the project cost. Because this alternative was not discussed in the May 2000 categorical exclusion, this new document has been prepared. A second bridge project is located along NC 133 in the area. TIP Project B-3116 will replace Bridge Number 56 carrying NC 133 over Allen Creek. This bridge is located approximately 4.5 miles (7.24 kilometers) south of Bridge Number 61. NC 133 will be closed and NC 87 used as a detour for this project also. Right of way acquisition for Project B-3116 is scheduled for federal fiscal year 2002 and construction is scheduled for federal fiscal year NO. III. ANTICIPATED DESIGN EXCEPTIONS NCDOT does not anticipate any design exceptions will be required. IV. EXISTING CONDITIONS NC 133 is classified as a Rural Major Collector in the Statewide Functional Classification System. Currently (2001) the traffic volume is 12,000 vehicles per day (VPD). By the year 2025, the traffic volume is projected to increase to 25,000 vpd. Single unit trucks and tractor -trailers make up three percent and two percent of these volumes, respectively. NC 133 has a speed limit of 55 miles per hour. The existing bridge was built in 1955. It has a reinforced concrete deck on steel I -beams and the substructure is concrete caps on timber piles. The deck is 300 feet (91 meters) long and 26 feet (7.8 meters) wide. There is approximately 26 feet (7.8 meters) of vertical clearance between the floorbeams of the bridge deck and the streambed. There are two lanes of traffic on the bridge. Presently the bridge is posted with weight restrictions of 35 tons (31751.5 kilograms) for single vehicles and the legal load limit for truck -tractor semi -trailers. The sufficiency rating is 27.9. This structure is functionally obsolete and the substructure is becoming structurally deficient. Vertical alignment is good with a slight upgrade on the north side of the bridge. There is a slight curve in the horizontal alignment, which begins approximately 150 feet (45.7 meters) from the north end of the bridge. The approach pavement width is 19 feet (5.8 meters) with acceptable width grass shoulders. The Traffic Engineering Branch indicates 14 accidents were reported between April 1998 through March 2001 from SR 1518 (Daws Creek Road) to SR 1555 (Mellaney Lane). Four school buses cross over the studied bridge with 2 trips per day. Utility conflicts will be low for this project. There are underground phone cables on both sides of NC 133 going aerial across the creek. There is also a fiber optic cable underground along the east side of NC 133. Also along the east side of NC 133, there are overhead power lines that cross over to the west side just south of the bridge. V. STUDIED ALTERNATIVES The four "build" options considered for this project are as follows: Alternate 1) Replace Bridge No. 61 in place with a temporary detour bridge located to the west during construction. The estimated cost for Alternate 1 is $2,110,000 to include $1,975,000 for construction and $235,000 for right of way acquisition. Alternate 2) Replace bridge No. 61 on new alignment to the west of the existing bridge.. Traffic will be maintained on the existing bridge during construction. The estimated cost for Alternate 2 is $1,935,000 to include $1,700,000 for construction and $235,000 for right of way acquisition. Alternate 3) (Recommended) Replace Bridge No. 61 in place with a new bridge. Traffic will be detoured onto NC 87 during construction. The estimated cost for Alternate 3 is $1,405,000 to include $1,400,000 for construction and $5,000 for right of way acquisition. Alternate 4) Replace Bridge No. 61 on new alignment to the east of the existing bridge. Traffic will be maintained on the existing bridge during construction. The estimated cost for Alternate 4 is $3,425,000 to include $2,475,000 for construction and $950,000 for right of way acquisition. "Do-nothing" is not practical; requiring the eventual closing of the road as the existing bridge completely deteriorates. Rehabilitation of the existing deteriorating bridge is neither practical nor economical. Alternates I and 3 both replace the existing structure in the same location with a bridge approximately 300 feet (91 meters) in length and maintain a design speed of 60 mph (100 km/h). Alternate 3 is recommended because there is no onsite detour. Although Alternate 2 offers the same benefits; but, this alignment would require an on - site detour. Alternate 4 would increase the impacts to the project area. The Division concurs in the recommendation. VI. RECOMMENDED IMPROVEMENTS Bridge No. 61 will be replaced as recommended in Alternate 3 with a new bridge in the same location. The new bridge will be approximately 300 feet (91 meters) in length and placed at approximately the same elevation as the existing bridge. Traffic will be detoured onto NC 87 during construction (See Figure 4). NC 87 will be patched and resurfaced from the southern city limits of Boiling Spring Lakes to the northern city limits of Boiling Spring Lakes as a part of this project (see Figure 5). The proposed bridge will have a clear roadway width of 32 feet (9.6 meters), which will provide two 12-foot (3.6 meter) lanes with 4-foot (1.2 meter) offsets. The approaches will include two 12-foot (3.6-meter) lanes and 8-foot (2.4-meter) shoulders with 4-foot (1.2-meter) full depth paved shoulders. Approach work will extend approximately 600 feet (180 meters) to either side of the new bridge. Based on preliminary design, the design speed should be approximately 60 mph (100 km/h). NC 133 will be closed during replacement of Bridge No. 61. VII. ENVIRONMENTAL EFFECTS A. GENERAL PROJECT INFORMATION This project is expected to have an overall positive impact. Replacement of an inadequate bridge will result in safer traffic operations. This project is considered to be a "Categorical Exclusion" due to its limited scope and insignificant environmental consequences. This bridge replacement will not have a substantial adverse effect on the quality of the human or natural environment with implementation of the environmental commitments listed in the project commitments section of this document and use of current NCDOT standards and specifications. The project is not in conflict with any plan, existing land use, or zoning regulation. No change in land use is expected to result from construction of this project. There are no known hazardous waste impacts. No significant adverse effects on families or communities are anticipated. Right- of-way acquisition will be very minimal. No significant 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. Closing NC 133 to construct Bridge No. 61 will require 18.6 miles (29.9 kilometers) of additional travel for residents traveling from south of Bridge No. 61 to US 17. Road user cost for this additional travel will be approximately $300,000. Additional time will be required for school bus services and other public services. The public officials in charge of administering these services have been consulted and do not object to the recommended alternative. There are no publicly owned parks, recreational facilities, or wildlife and waterfowl refuges of national, state, or local significance in the vicinity of the project. This project will not impact any resource protected by Section 4(f) of the DOT act. The proposed bridge replacement project will not raise the existing flood levels or have any significant adverse effect on the existing floodplain. Utility impacts are considered to be low for the proposed project. B. AIR AND NOISE .I This project is an air quality "neutral' project, so it is not required to be included in the regional emissions analysis and a project level CO analysis is not required. The project is located in Brunswick County, which has been determined to be in compliance with the National Ambient Air Quality Standards. 40 CFR part 51 is not applicable, because the proposed project is located in an attainment area. This project is not anticipated to create any adverse effects on the air quality of this attainment area. The project will not substantially increase traffic volumes. Therefore, it will not have substantial impact on noise levels. Temporary noise increases may occur during construction. C. LAND USE & FARMLAND EFFECTS This project will impact no soils considered to be prime or important farmland. D. HISTORICAL EFFECTS & ARCHAEOLOGICAL EFFECTS Upon review of area photographs, aerial photographs, and cultural resources databases, the State Historic Preservation Office (SHPO) indicates they "are aware of no historic structures within the area of potential effect." Therefore, the SHPO recommended no historic architectural surveys be conducted (see appendix). The SHPO knows of no archaeological sites within the proposed project area. It is unlikely that any archaeological resources, which may be eligible for inclusion in the National Register of Historic Places, will be affected by the project construction. Therefore, the SHPO recommended that no archaeological investigations be conducted in connection with this project (see appendix). E. NATURAL RESOURCES 1. Soils There are two soil types located in the project area. A brief description of each soil type is provided. Chowan silt loam (CH) is nearly level, poorly drained soil found on floodplains of the Cape Fear River and its tributaries. It has a surface layer of dark grayish -brown silt loam, underlain by grayish - brown silty clay loam. It has slow surface runoff, moderately slow permeability, and is flooded for six months of most years. The main limitations of this soil are wetness and flooding. The Capability Unit is VIIw. This soil is listed as hydric for Brunswick County. .1 Bavmeade fine sand (BB) is a well -drained soil found on low ridges and convex divides. The surface layer is dark gray fine sand, underlain with a light gray fine sand. Surface runoff is slow, permeability is moderately rapid, and the available water capacity is low. The seasonal high water table is four to five feet below the surface. The Capability Unit is Ms. 2. Water Resources There is one water resource in the project study area. NC 133 crosses one perennial stream, Town Creek (also known as Rattlesnake Branch). a. Best Usage Classification Water resources located within the project study area lie in the Lower Cape Fear River, Coastal Watershed (Subbasin 03-06-17), and Hydrologic Unit 03030005 of the Cape Fear River Drainage Basin. Streams have been assigned a best usage classification by the Division of Water Quality (DWQ) which reflects water quality conditions and potential resource usage. Unnamed tributaries receive the same classification as the streams to which they flow. The classification for Town Creek [DEM Index No. 18-18, 9/1/74] is CSw. Class C refers to waters suitable for aquatic life propagation and survival, fishing, wildlife, secondary recreation and agriculture. The Sw (Swamp Waters) subclassification is a supplemental classification intended to recognize those waters having naturally occurring low velocities, low pH, and low dissolved oxygen. Town Creek is also classified as an Anadromous Fish Stream. No waters classified as High Quality Waters (HQW), Water Supplies (WS-I or WS-II) or Outstanding Resource -Waters (ORW) occur within 1.6 kilometers (1.0 mile) of the project study area. b. Stream Characteristics The headwaters of Town Creek are approximately 23.3 kilometers (14.5 miles) west-northwest of Bridge No. 61. The creek flows east southeastward under the project bridge and outfalls into the Cape Fear River approximately 3.1 kilometers (1.9 miles) east of the project study area. Town Creek, at NC 133, is approximately 80.0 feet (24.4 meter) wide and ranges in depth from 6.0 to 8.0 feet (1.8 to 2.4 meter). The substrate in the study area is most likely composed of organic muck. The creek is tidal, occasionally bringing brackish water into what would otherwise be a freshwater marsh. C. Water Quality Point sources refer to discharges that enter surface water through a pipe, ditch, or other defined points of discharge. Point source dischargers located throughout North Carolina are permitted through the National Pollutant Discharge Elimination System (NPDES) program. Any discharger is required to register for a permit. There are no NPDES sites located within 1.0 mile (1.6 kilometers) of the project study area. Non -point source refers to runoff that enters surface waters through stormwater flow or no defined point of discharge. Excluding road runoff, there were no identifiable non -point sources that could be observed during the site visit. Due to the potential of impacts from deck drains, every effort will be made not to discharge the bridge deck drains directly into the stream, if possible. d. Benthic Macroinvertebrate Ambient Network The DWQ has initiated a whole basin approach to water quality management for the 17 river basins within the state. To accomplish this goal the DWQ collects biological, chemical and physical data that can be used in basinwide assessment and planning. All basins are reassessed every 5 years. An assessment of water quality data indicates that the Lower Cape Fear River and Coastal Watershed generally has good to excellent water quality due largely to good tidal flushing (NCDEHNR 1995a). Prior to the implementation of the basinwide approach to water quality management, DWQ's Benthic Macroinvertebrate Ambient Network assessed water quality by sampling for benthic macroinvertebrate organisms at fixed monitoring sites throughout the state. There are no BMAN sampling stations in the project vicinity (NCDEHNR 1995a). e. Summary of Anticipated Impacts Impacts to water resources in the project area are likely to result from activities associated with project construction, such as clearing and grubbing on streambanks, riparian canopy removal, instream construction, fertilizers and pesticides used in revegetation, and pavement installation. The following impacts to surface water resources are likely to result from the above mentioned construction activities. • Increased sedimentation and siltation downstream of the crossing and increased erosion in the project area. • Changes in light incidence and water clarity due to increased sedimentation and vegetation removal. • Alteration of water levels and flows due to interruptions and/or additions to surface and ground water flow from construction. • Changes in and destabilization of water temperature due to vegetation removal. • Increased nutrient loading during construction via runoff from exposed areas. • Increased concentrations of toxic compounds in roadway runoff. Increased potential for release of toxic compounds such as fuel and oil from construction equipment and other vehicles. Alteration of stream discharge due to silt loading and changes in surface and groundwater drainage patterns. In order to minimize potential impacts to water resources in the project area, NCDOT's Best Management Practices for the Protection of Surface Waters will be strictly enforced during the construction phase of the project. The short -nosed sturgeon may inhabit the project study area. Accordingly, Design Standards in Sensitive Watersheds (formerly High Quality Water Guidelines) will be enforced during the construction phase of the project. The project study area is located within the coastal plain and crosses a perennial stream. NCDOT Stream Crossing Guidelines for Anadromous Fish Passage (see Appendix) will be adhered to during the life of the project. To further insure water quality suitable for the shormose sturgeon and other anadromous fish, a moratorium on in -stream work will be enforced from February 1 through June 15 All measures should be taken to prevent sedimentation in Town Creek during construction. 3. Biotic Resources Biotic resources include terrestrial and aquatic communities. Descriptions of the terrestrial systems are presented in the context of plant community classifications. Fauna observed during the site visit are denoted in the text with an asterisk (*). a. Terrestrial Communities i Much of the flora and fauna described from biotic communities utilize resources from different communities, making boundaries between contiguous communities difficult to define. There are four communities located in the project area to the west of NC 133 (impact area). While not lying within the project area boundaries, the adjacent cypress -gum swamps are nevertheless noteworthy. The communities contained within the project area are discussed below. Tidal Freshwater/ Brackish Marsh Tidal freshwater (brackish influenced) marsh, oligohaline variant, is found to the north and south of Town Creek. This variant occurs in areas with slight salt influence. Salt levels may be higher during rare high tide events. Although these marshes form upstream of the mouth of the creek, they are still tidally influenced. Tidal flooding brings in nutrients derived from seawater and varying amounts of sediment to the community. Much of the tidal freshwater marsh community is unusual in appearing to have recently replaced tidal cypress -gum swamp. Numerous dead trees and some live trees remain in the marsh. It is uncertain what caused the shift. Possibilities include storm -driven salt -water intrusion or rising sea level. It is presumed to be a natural process. In contrast to brackish and saltwater marshes, tidal freshwater marshes are very diverse. The Town Creek site is dominated by common cattail, wax myrtle, black willow, Arrow an -urn, and beakrush. Bottomland Hardwood Forest This community exists in what appears to be an old borrow pit, which originates from the southern edge of the marsh community and roughly parallels NC 133 to the southwest of the bridge. It was most likely formed when the road was constructed. It is approximately 30 feet (9.1 meters) wide and 5 feet (1.5 meters) deep. The soils here are composed of highly organic mucks and there is evidence of frequent flooding, presumably overflow from Town Creek. The overstory, is dominated by bald cypress, swamp tupelo, red maple, and sweet gum. Dominant herbs and vine include: netted chain fem, arrow arum, catbrier, rush, royal fem, Virginia chain fem, and poison ivy. Upland Pine Forest This strip of woods borders the west side of the "borrow pit". Mature loblolly pine and sweet gum dominate this community. The understory consists primarily of red bay, water oak, southern magnolia, sassafras, and mockernut hickory. Other species present include muscadine, honeysuckle, wax myrtle, and poison ivy. Di&rbed Roadside This upland community is located to the north and south of the marsh community on both sides of NC 133. It encompasses two types of habitats that have recently been or are currently impacted by human disturbance: maintained roadside shoulder and disturbed fringe. Because of mowing and the use of herbicides, this community is kept in a constant state of early succession. Roadside shoulder is a regularly maintained habitat that is kept in a low -growing, early successional state. Herbs, grasses, and vines located here include: goldenrod, morning glory, pepper vine, ragweed, Japanese honeysuckle, common plantain, winged sumac, muscadine grape, and catbrier. Disturbed fringe is comprised of shrubs and sapling sized trees that exist in the roadside shoulder/ freshwater marsh ecotone. Species i observed here include: wax myrtle, red maple, sweet gum, and black willow. b. Aquatic Community The Natural Heritage Program lists the area east of Town Creek as a priority Aquatic Habitat and the area west of Town Creek as priority Tidal Wetlands. 4. Wildlife Maintained/disturbed communities adjacent to forested tracts provide rich ecotones for foraging, while the forests provide forage and cover. Common mammals and birds associated with ecotones and upland forests are woodchuck, least shrew, southern short -tailed shrew, hispid cottonrat, eastern cottontail rabbits, ruby crowned kinglet, Carolina chickadee, bluebird, downy woodpecker and white -breasted nuthatch. The ground beetle and bessbug were also found in this community, feeding under logs. The adjacent cypress -gum swamp provides habitat for an assortment of birds and mammals. Birds often associated with swamp communities include red - winged blackbird, white -throated sparrow, song sparrow, and northern cardinal. Yellow-rumped warblers and common yellow throat may also be found in this community. Yellow warbler, red -eyed vireo, Carolina wren and mourning dove may also frequent this area. Mammals that may frequent the swamp community include white-footed mouse and raccoon. In addition, white-tailed deer* and gray squirrel may also forage in or near this community. Amphibians and reptiles are likely to be locally abundant in the riparilm edge. Spring peeper* and northern cricket frog* breed in semi- permanent pools during the spring. Rat snake, worm snake, ring-necked snake and queen snake may be found here as well. The box turtle may also be found in the swamp community. a. Terrestrial Impacts Impacts to terrestrial communities will result from project construction. Table 1 summarizes potential losses to these communities resulting from project construction. Estimated impacts are derived based on a project length of 1,000 feet (304.8 meters), and the entire proposed right of way width of 60 feet (18.3 meters). However, project construction often does not require the entire right-of-way; therefore, actual impacts may be less. Table 1. Estimated Impacts to Terrestrial Communities Impacted Area ac (ha) Alternate 1 Alternate 2 Alternate 3 Alternate 4 Community Existing Location Permanent Existing Permanent Ternporary Realignment Location Realignment detour West Road Closure East Tidal Freshwater Marsh 0.16ac/o.12 ac 0.16 ac 0.16 ac 0.90 ac (wetland) (0.07 ha)(o.os ha) (0.07 ha) (0.07 ha) (0.36 ha) Bottomland Hardwood Forest 0.12ac/o.10 ac 0.12 ac 0.12 ac 0.25 ac (wetland) (0.05 ha)(0.04 ha) (0.05 ha) (0.05 ha (0.10 ha) Pine Forest 0.29 ac/0.21 ac 0.29 ac 0.29 ac 0.29 ac (upland) (0.12 ha)(0.09 ha) (0.12 ha) (0.12 ha) (0.12 ha) Disturbed Roadside 1.12 ac/o.83 ac 1.12 ac 1.12 ac 1.12 ac (upland) (0.44 ba)1(033 ha) (0.44 ha) (0.44 ha) (0.44 ha) Total Impacts 1.69 ac11.26 ac 1.69 ac 1.69 ac 2.56 ac (0.68 ha)(o.si ha) (0.68 ha) (0.68 ha) (1.02 ha) Note: Detour impacts are based on a right of way width of 80 feet (24.4 meters). Temporary detour impacts are shown in italics. b. Aquatic Impacts Impacts to the aquatic community of Town Creek will result from the replacement of Bridge No. 61. Impacts are likely to result from the physical disturbance of aquatic habitats (i.e. substrate and water quality). Disturbance of aquatic habitats has a detrimental effect on aquatic community composition by reducing species diversity and the overall quality of aquatic habitats. Physical alterations to aquatic habitats can result in the following impacts to aquatic communities. Inhibition of plant growth. Algal blooms resulting from increased nutrient concentrations. Loss of benthic macroinvertebrates through scouring resulting from an increased sediment load. 5. Jurisdictional Topics a. Waters of the United States Surface waters and wetlands fall under the broad category of "Waters of the United States," as defined in Section 33 of the Code of Federal Regulations (CFR) Part 328.3. Any action that proposes to dredge or place fill material into surface waters or wetlands falls under the jurisdiction of the U.S. Army Corps of Engineers (COE) under Section 404 of the Clean Water Act (33 U.S.C. 1344). 12 b. Characteristics of Wetlands and Surface Waters �;'.`. ' _ .`. ".��6" There are wetlands in the project area in the form of tidal freshwater marshes. Vegetation includes common cattail, wax myrtle, Arrow arrum, and beakrush. Permanent and temporary impacts are as follows: Alternate 1 - Permanent wetland impacts for the replacement of the bridge on the same alignment are approximately 0.28 acres (0.12 hectares). Temporary impacts for the construction of a temporary detour to the west of the existing bridge are 0.22 acres (0.09 hectares). Alternate 2—Permanent wetland impacts for the replacement of the bridge to the west of the existing bridge with a new bridge are approximately 0.28 acres (0.12 hectares). Alternate 3 - Permanent wetland impacts for the replacement of the bridge on the same alignment are approximately 0.28 acres (0.12 hectares). Alternate 4 —Permanent wetland impacts for the replacement of the bridge to the east of the existing bridge with a new bridge are approximately 1.15 acres (0.46 hectares). There will be no impacts to jurisdictional surface waters because the new bridge will span the entire width of Town Creek. C. Permits 1 The subject project is located within a county that is under the jurisdiction of Coastal Area Management Act (CAMA). CAMA is administered by the N. C. Division of Coastal Management (NCDCM). CAMA directs the Coastal Resources Commission (CRC) to identify and designate Areas of Environmental Concern (AEC) in which uncontrolled development might cause irreversible damage to property, public health and natural environment. A CAMA permit from the NCDCM is required if the project meets all of the following conditions: a) Located in one of the twenty counties covered by CAMA; b) Located in or affects an AEC designated by the CRC; c) Considered to be "development" under CAMA; and, d) Not qualify for an exemption as identified by CAMA or the CRC. 13 The project fulfills all of the above statements. More specifically, the project will require a CAMA major development permit. This project will also require a 401 Water Quality Certification from the DWQ prior to the issuance of the Section 404 Nationwide Permit. The issuance of a 401 permit from the DWQ is a prerequisite to issuance of a Section 404 permit or CAMA permit. The FHWA has determined a US Coast Guard permit will not be required for construction of this project. d. Avoidance, Minimization, Mitigation Specific avoidance and minimization measures for this project include: using a maximum slope of 3:1, and replacing the existing bridge in its current location with an off -site detour. Final design will reveal final impacts. However, final permit/mitigation decisions rest on the Corps of Engineers. 6. Bridge Demolition Bridge No. 61 is 300 feet (91 meters) long and 26.4 feet (8.04 meters) wide. It has a reinforced concrete deck on steel I -beams with concrete caps on timber piles. There is potential for some components of the bridge to be dropped into Waters of the U.S. during construction. The resulting temporary fill associated with the reinforced concrete floor would be a maximum of 158.9 cubic yards (121.5 cubic meters). This calculation was based on the entire length of the bridge extending over surface waters as well as jurisdictional wetlands. All deposited components will be removed from the Waters of the U.S. as quickly as possible. . Bridge removal for this project is classified as Case 2 for bridge removal which allows no work at all in water through a moratorium period of February 1 through June 15. Rare and Protected Species a. Federally -Protected Species Plants and animals with federal classifications of Endangered (E), Threatened (T), Proposed Endangered (PE), and Proposed Threatened (PT) are protected under the provisions of Section 7 and Section 9 of the Endangered Species Act of 1973, as amended. As of March 7, 2002, the US Fish and Wildlife Service (FWS) lists fifteen federally protected species for Brunswick County. Biological Conclusions of "No Effect' 14 were found for all federally protected species, except the shortnose sturgeon. Although no populations of this species have been reported from the project vicinity, favorable habitat does exist for this species. Based on concurrence of the National Marine Fisheries Service, a biological conclusion of "Not Likely to Adversely Affect" has been determined for the shortnose sturgeon. A review of the NHP database of rare species and unique habitats shows two occurrences of federally protected species in the project study area. The American alligator and the red -cockaded woodpecker (last observed in 1973) have been observed within 1 mile (1.6 kilometer) of the project area. Table 2. Federally Protected Species for Brunswick County. Common Name_ :Scientific Name •,_ Status Shormose Sturgeon American Alligator Loggerhead Sea Turtle Piping Plover Greet Sea Turtle Leatherback Sea Turtle Eastern Cougar Bald Eagle Kemp's Ridley Sea Turtle Wood Stork Red -Cockaded Woodpecker West Indian Manatee Seabeach Amaranth Rough -Leaved Loosestrife Acipenser brevirostrum Alligator mississippiensis Caretta caretta Charadrius melodus Chelonia mydas Dermochelys coriacea Felis concolor couguar Halieetus leucocephalus Lepidochelys kempii Mycteria americans Picoides borealis Trichechus manatus Amaranthus pumilus Lysimachia asperulaefolia Thalictrum coolevi Endangered Threatened, due to similarity of appearance Threatened Threatened Threatened Endangered Endangered Threatened Endangered Endangered Endangered Endangered Threatened Endangered Note: "Endangered" denotes a species in danger of extinction throughout all or a significant portion of its range. "Threatened" denotes a species likely to become endangered in the foreseeable future throughout all or a significant portion of its range. Descriptions of Federally Protected Species found in Brunswick County, NC Name: Shortnose sturgeon Endangered BIOLOGICAL CONCLUSION: NOT LIKELY TO ADVERSELY AFFECT The short -nosed sturgeon is a small (1 meter in length) species of fish that occurs in the lower sections of large rivers and in coastal marine habitats from the St. John River, Canada to the Indian River, Florida. It can be differentiated from the Atlantic 15 sturgeon because of its shorter snout, wider mouth, and the pattern of its preanal shields (the short -nose having one row and the Atlantic that has two). The short -nosed sturgeon prefers deep channels with salinity less than seawater. It feeds benthicly on invertebrates and plant material and is most active at night. It is an anadromous species that spawns upstream in the spring and spends most of its life within close proximity of the rivers mouth. At least two entirely freshwater populations have been recorded, in South Carolina and Massachusetts. The short -nosed sturgeon requires large fresh water rivers that are unobstructed by dams or pollutants to reproduce successfully. The North Carolina Natural Heritage Program's database of rare species and unique habitats was checked on September 12, 2001. No populations of this species have been reported from the project vicinity. However, favorable habitat does exist for this species. Based on a conversation with the North Carolina Marine Fisheries Service on December 3,. 1999, a moratorium is recommended to avoid in -water activity from February 1 through June 15. The National Marine Fisheries Services concurs with the recommendation of North Carolina Marine Fisheries, and has issued a finding of "Not likely to Adversely Affect" for the impacts of the shortnose sturgeon (see letter in Appendix). This is dependent on the commitments found on the Project Commitment Green Sheet. Name: American alligator Threatened Due to Similarity of Appearance BIOLOGICAL CONCLUSION: NO EFFECT This species is listed as Threatened Due to Similarity of Appearance, and is therefore not protected under Section 7 of the Endangered Species Act. However, in order to. control the illegal trade of other protected crocodilians such as the American crocodile, federal 14egulations (such as hide tagging) are maintained on the commercial trade of alligators. No survey is required for this species. The North Carolina Natural Heritage Program's database of rare species and unique habitats was checked on September 12, 2001. There has been a sighting of this species within 1.0 km (0.6 mile) of the project area. Name: Loggerhead sea turtle Threatened BIOLOGICAL CONCLUSION: NO EFFECT The loggerhead sea turtle is found in a wide variety of habitats, including the open ocean, bays, lagoons, salt marshes, creeks, ship channels, and large river mouths. Hatchlings are often seen in association with floating sargassum seaweed. The diet includes sponges, jellyfish, mollusks, crustaceans, and fish. Loggerheads often forage in coral reefs, rocky areas, and shipwrecks. 16 The North Carolina Natural Heritage Program's database of rare species -and unique habitats was checked on September 12, 2001. No populations of this species have been reported from the project vicinity. There are no suitable beach or marine habitats located in the project study area. Additionally, the project study area does not exhibit the salinity necessary to support this species. Therefore, no effects to this species will occur from the construction of this project. Name: Piping plover Threatened BIOLOGICAL CONCLUSION: NO EFFECT The piping plover has a breeding range including the Great Lakes region and the Atlantic Coast between Newfoundland and Cape Lookout, NC. Populations in the Great Lakes region are listed as Endangered; populations elsewhere in the range are listed as Threatened. This species winters on the Atlantic and Gulf of Mexico coasts from North Carolina to Mexico, and the Bahamas and West Indies. Preferred habitat consists of large sandflats or mudflats for foraging in close proximity to a sandy beach for roosting and nesting. Piping plovers nest on sandy or gravelly beaches in sparsely vegetated areas that are slightly higher in elevation than the surrounding beach The North Carolina Natural Heritage Program's database of rare species and unique habitats was checked on September 12, 2001. No populations of this species have been reported from the project vicinity. Suitable habitat does not exist within the project vicinity for this species. Name: Green sea turtle Threatened 1 BIOLOGICAL CONCLUSION: NO EFFECT The green sea turtle can be found in tropical and temperate waters from Massachusetts to Mexico on the east coast of North America, and British Columbia to Baja California on the west coast, as well as Puerto Rico and the U.S. Virgin Islands. Most nesting in the United States takes place on the eastern coast of Florida between Volusia and Dade Counties, though some nests have been observed in Puerto Rico and the U.S. Virgin Islands as well The North Carolina Natural Heritage Program's database of rare species and unique habitats was checked on September 12, 2001. Suitable habitat does not exist within the project vicinity for this species and no populations of this species have been reported from the project vicinity. 17 Name: Leatherback sea turtle BIOLOGICAL CONCLUSION: Endangered NO EFFECT The leatherback sea turtle is the largest of the turtles, weighing 295-680 kg with a length of 1.2-1.8 in. This turtle is unique in that its carapace is not composed of hard scutes, but is rubbery with small bones embedded in it. Preferred nesting beaches are usually isolated, with close proximity to deep water, bordered by vegetation, and steep enough so that dry sand is not too far from the water. The North Carolina Natural Heritage Program's database of rare species and unique habitats was checked on September 12, 2001. Suitable habitat does not exist within the project vicinity for this species and no populations of this species have been reported from the project vicinity. Name: Eastern cougar Endangered BIOLOGICAL CONCLUSION: NO EFFECT The eastern cougar is a large, unspotted, long-tailed cat weighing between 68 and 91 kg. The cougar's body and legs are a uniform tawny color, although the belly is a pale reddish color, and the backs of the ears, tip of the tail, and sides of the muzzle are black. Habitat requirements consist primarily ofdarge tracts of wilderness and adequate prey, and this species can live in coastal swamps as well as mountainous regions. Cougars feed mainly on white-tailed deer, although they may also eat small mammals, wild turkeys, and occasionally domestic livestock. It is estimated that a female cougar can have a range of 5-20 square miles, and a male can have a range upwards of25 square miles. The North Carolina Natural Heritage Program's database of rare species and unique habitats was checked on September 12, 2001. Suitable habitat does not exist within the project vicinity for this species and no populations of this species have been reported from the project vicinity. Name: Bald eagle Endangered BIOLOGICAL CONCLUSION: NO EFFECT Adult bald eagles can be identified by their large white head and short white tail. The body plumage is dark -brown to chocolate -brown in color. In flight bald eagles can be identified by their flat wing soar. Eagle nests are found in close proximity to water (within a half mile) with a clear flight path to the water, in the largest living tree in an area, and having an open view of 18 the surrounding land. Human disturbance can cause an eagle to abandon otherwise suitable habitat. The breeding season for the bald eagle begins in December or January. Fish are the major food source for bald eagles. Other sources include coots, herons, and wounded ducks. Food may be live or carrion. The North Carolina Natural Heritage Program's database of rare species and unique habitats was checked on September 12, 2001. No populations of this species have been reported from the project vicinity and no birds or nests were observed during the site visit. Name: Kemp's ridley sea turtle Endangered BIOLOGICAL CONCLUSION: NO EFFECT The Kemp's ridley sea turtle is the smallest of the sea turtles in our area, weighing 36-50 kg. This turtle is unique in that its broad, heart -shaped carapace is gray, and there . is a secretory pore near the posterior edge of each scute forming the bridge between the carapace and plastron. The Kemp's ridley sea turtle is found in shallow water, usually near coastal forests of red mangrove (Rhizophora mangle). Nearly the entire population nests. on approximately 24 km of beach in the state of Tamaulipas, Mexico. Preferred nesting beaches are backed by large swamps or open water with narrow ocean connections. The North Carolina Natural Heritage Program's database of rare species and unique habitats was checked on September 12, 2001. Suitable habitat does not exist within the project vicinity for this species and no populations of this species have been reported from the project vicinity. Name: Wood stork Endangered BIOLOGICAL CONCLUSION: NO EFFECT Wood storks are large wading birds with long legs. They are approximately 1.27 m tall, with a wingspan of 1.52-1.65 m. Their plumage is mainly white, except for black primaries and secondaries and a short black tail. The head and neck are unfeathered, with dark gray skin; legs are dark, and the bill is black and slightly decurved. Juveniles are grayish and have a yellow bill. Nesting occurs in large colonies, primarily in cypress and mangrove swamps. Favored feeding habitat includes freshwater marshes, tidal creeks, and tide pools, especially pools in marshes or swamps where fish are concentrated by falling water 19 J levels. The feeding grounds may be as far as 128 km from the nest location, as the storks use thermals to soar great distances. The North Carolina Natural Heritage Program's database of rare species and unique habitats was checked on September 12, 2001. Suitable habitat does exist within the project vicinity for this species. However, only a few representatives of this species have reached southeastern North Carolina, residing primarily in coastal South Carolina, from near Georgetown southward (Potter 1980). There have been no populations of this species reported from the project vicinity. Name: Red -cockaded woodpecker Endangered BIOLOGICAL CONCLUSION: NO EFFECT The adult red -cockaded woodpecker (RCW) has a plumage that is entirely black and white except for small red streaks on the sides of the nape in the male. The back of the RCW is black and white with horizontal stripes. The breast and underside of this woodpecker are white with streaked flanks. The RCW has a large white cheek patch surrounded by the black cap, nape, and throat. The RCW uses open old growth stands of southern pines, particularly longleaf pine (Pins. palustris), for foraging and nesting habitat. A forested stand must contain at least 50% pine, lack a thick understory, and be contiguous with other stands to be appropriate habitat for the RCW. These birds nest exclusively in trees that are >60 years old and are contiguous with pine stands at least 30 years of age. The foraging range of the RCW is up to 500 acres (200 hectares). This acreage must be contiguous with suitable nesting sites. These woodpeckers nest exclusively in living pine trees and usually in trees that are infected with the fungus that causes red -heart disease. Cavities are located in colonies from 12-100 feet (3.6-30.3 meters) above the ground and average 30-50 feet (9.1- 15.7 meters) high. They can be identified by a large incrustation of running sap that surrounds the tree. The RCW lays its eggs in April, May, and June; the eggs hatch approximately 38 days later. The North Carolina Natural Heritage Program's database of rare species and unique habitats was checked on September 12, 2001. The red -cockaded woodpecker was last observed from the project vicinity in 1973. However, habitat suitable for this species is no longer present in the project vicinity. 20 Name: West Indian Manatee Endangered rw- BIOLOGICAL CONCLUSION: NO EFFECT The manatee is a large gray or brown aquatic mammal. Adults average about 10 feet (3 m) long and weighing around 1000 pounds. The body of the manatee is nearly hairless except for a muzzle covered with stiff "whiskers." The U.S. manatee population was probably twice as abundant in the 1700's and early 1800's as at present. Initial population decreases resulted from overharvesting for meat, oil, and leather. Today, heavy mortality is attributed to accidental collisions with boats and barges, along with loss of suitable habitat. Manatees inhabit both salt and freshwater habitats of sufficient depth (greater than 1.5 m). They may be encountered in canals, sluggish rivers, estuarine beaches, and salt water bays. Observations of salt water populations indicate that they may require freshwater for drinking purposes. Manatees also require warm water. When water temperatures drop below 20 C, they begin to move into warmer water, often forming large aggregations in natural springs and industrial outfalls during the winter. The North Carolina Natural Heritage Program's database of rare species and unique habitats was checked on September 12, 2001. No populations of the West Indian Manatee have been reported from the project vicinity. This species typically inhabits more southern areas but has been observed on occasion in North Carolina's coastal waters near South Port. Nevertheless, manatees are not likely to swim as far north as the NC 133 crossing of Town Creek. The U.S. Fish and Wildlife Service has developed a list of "Precautions for the general construction in areas which may be used by the West Indian manatee in North Carolina." These precautions will be considered in all aspects of project construction; therefore, this project will not affect the West Indian manatee. Name: Seabeach Amaranth BIOLOGICAL CONCLUSION: Threatened NO EFFECT Seabeach amaranth is an annual legume that grows in clumps containing 5 to 20 branches and are often over a foot across. The trailing stems are fleshy and reddish -pink or reddish in color. Seabeach amaranth has thick, fleshy leaves that are small, ovate- spatulate, emarginate and rounded. The leaves are usually spinach green in color, cluster towards the end of a stem, and have winged petioles. Seabeach amaranth is endemic to the Atlantic Coastal Plain beaches. Habitat for seabeach amaranth is found on barrier island beaches functioning in a relatively dynamic and natural manner. Seabeach amaranth grows well in overwash flats at the accreting ends 21 of islands and the lower foredunes and upper strands of noneroding beaches. Temporary populations often form in blowouts, sound -side beaches, dredge spoil, and beach replenishment. The North Carolina Natural Heritage Program's database of rare species and unique habitats was checked on September 12, 2001. Suitable habitat does not exist within the project vicinity for this species and no populations of this species have been reported from the project vicinity. Name: Roughed -leaved Loosestrife BIOLOGICAL CONCLUSION: Endangered NO EFFECT Rough -leaved loosestrife is endemic to the Coastal Plain and Sandhills of North Carolina and South Carolina. Typical habitat for rough -leaved loosestrife is the ecotone between high pocosin and longleaf pine (or oak) savannas that contain sandy or peaty soils and full sunlight. Rough -leaved loosestrife sometimes occurs in low pocosin openings where light is abundant at ground level. Other habitats where this species is found include ecotones of stream -head pocosin in the Sandhills and Sandhill Seeps where wet sands are underlain by clay, allowing water to seep to the surface along slopes. Two population of rough -leaved loosestrife occur along NCDOT rights -of -way in Brunswick County. Rough -leaved loosestrife is a perennial herb growing from 30 - 60 cm (12 - 24 in) tall. Its sessile leaves, in whorls of three to four, are broadest at the base and have three prominent veins. The leaves are entire, slightly revolute (rolled under along the margins), yellow -green or b ue-green in color and lustrous. Rough -leaved loosestrife flowers from May to June. Suitable habitat for this species does not occur in the project area. During a general survey of the area, the project area was also surveyed for this species by NCDOT biologists on June 23, 1999. No individuals of this species were located in the project area nor does the NCNHP database show in previous records of this species occurring in the project area. Thus, construction of this project will have no effect on this species. 22 Name: Cooley's meadowrue Endangered _ Best Search Time: mid June to early July BIOLOGICAL CONCLUSION: NO EFFECT Cooley's meadowrue occurs in wet pine savannas, grass -sedge bogs and savanna like areas, often at the border of intermittent drainages or swamp forests. This species is usually found in areas that contain some type of disturbance such as clearings, burned savanna edges, maintained roadsides and power line rights -of -ways. It is found on fine sandy loam, circumneutral soils that are seasonally (winter) moist or saturated and only slightly acidic (pH 5.8-6.6). Cooley's meadowrue is a tall herb growing to 1 in or more when in flower. Its slender stems are erect in sunny locations and lax or sprawling when shaded. Suitable habitat for this species does not occur in the project area. During a general survey of the area, the project area was also surveyed for this species by NCDOT biologists on June 23, 1999. No individuals of this species were located in the project area nor does the NCNHP database show in previous records of this species occurring in the project area. Thus, construction of this project will have no effect on this species. b. Federal Species of Concern and State Listed Species There are thirty-seven federal species of concern listed by the FWS for Brunswick County (Table 3). Federal species of concern are not afforded federal protection under the Endangered Species Act and are not subject to any of its provisions, including Section 7, until they are formally proposed or listed as Threatened or Endangered. In addition, organisms which are listed as Endangered (E), Threatened (T), or Special Concern (Sq) by the North Carolina Natural Heritage Program list of Rare Plant and Animal Species are afforded state protection under the NC State Endangered Species Act and the NC Plant Protection and Conservation Act of 1979. Table 3 lists federal species of concern, the state status of these species (if afforded state protection), and the potential for suitable habitat in the project area for each species. This species list is provided for information purposes as the protection status of these species may be upgraded in the future. A review of the NHP database of rare species and unique habitats shows one occurrence of FSC species in the project study area. The Northern pine snake has been observed within 1 mile (1.6 kilometers) of the project area. 23 Table 3. Federal species of concern for Brunswick Countv Common Name Scientific Name NC Habitat Bachman's Sparrow Aimophila aestivalis Status Pres ent Henslow's Sparrow Ammodramus henslowd SC SR No No Carolina Pygmy Sunfish Elassoma boehlkei T Yes Southern Hognose Snake Heterodon simus SR* No Mimic Glass Lizard Ophisaurus mimicus SC/PT No Eastern Painted Bunting Passetina this ciris SR Yes Northern Pine Snake Pituophis melanoleucus melanoleucus SC' Yes Buchholz's Dart Moth Agrotis buchholzt `" 1 SR 11U -- No Arogos Skipper Atrytone arogos arogos SR No Waccamaw Spike Elliptio waccamawensis T No Venus Flytrap Cutworm Moth Hemipachnobia subporphvrea subporphvrea SR No Greenfield rams -horn Helisoma eucosmium SR No Magnificent Rams -horn Planorbella magnifica E No Rare Skipper Problema bulenta SR Yes Cape Fear Threetooth Diodopsis soelneri T Yes Savanna Indigo -Bush Amorpha georgiana var confusa T _ Yes Honeycomb Head Balduina atropurpurea C* C No Chapman's Sedge Carer chapmanii Yes Venus Flytrap Dionaea muscipula C-SC No DwarfBurhead Echinodorusparvulus C Yes Harper's Fimbry Fimbristylis perpusilla T Yes Pondspice Litsea aestivalis C No Carolina Bogmint Macbndea caroliniana T Yes Loose Watermilfoil Myriophyllum laxum T No Savanna Cowbane Ottypolis ternata W 1 No Carolina Grass-Of-Pamassus Parnassia caroliniana E - No Pineland Plantain Plantago sparsifora E No Awned Meadow -Beauty Rhezia arlstosa T' No Swamp Forest Beaksedge Rhynchospora decurrens C Yes Thome's Beaksedge Rhvnchospora thornei E. No Carolina Goldenrod Solidago pulchra E No Spring -Flowering Goldenrod Solidago verna T Nor Wireleaf Dropseed I Sporobolus teretifolius senses stricto T No Carolina Asphodel Tofieldia glabra C No Dune Bluecurls Trichostema sp I C No Savanna campylopus Campvlopus carolinae C No Note: C ACandidate is any species which is very rare in North Carolina, generally with 1-20 populations in the state, generally substantially reduced in numbers by habitat destruction. E An Endangered species is one whose continued existence as a viable component of the State's flora is determined to be in jeopardy. SC A Special Concern species is one which requires monitoring but may be taken or collected and sold under regulations adopted under the provisions of Article 25 of Chapter 113 of the General Statutes (animals) and the Plant Protection and Conservation Act (plants). Only propagated material may be sold of Special Concern plants that are also listed as Threatened or Endangered. SR A Significantly Rare species is not listed as "E", "T". or "SC', but which exists in the state in small numbers and has been determined to need monitoring. T A Threatened species is any native or once native species which is likely to become an Endangered species within the foreseeable future throughout all or a significant portion of its range, or one that is designated as a threatened species pursuant to the Endangered Species Act. W I A Watch Category I species is a rare species whose status in North Carolina is relatively well known and which appears to be relatively secure at this time. /P_ denotes a species which has been formally proposed for listing as Endangered (PE), Threatened (PT), or Special Coneem (PSC), but has not yet completed the listing process. ' Historic record, the species was last observed prior to 1979. 24 VIII. COMMENTS, COORDINATION AND PUBLIC INVOLVEMENT On May 22, 2001 a citizens informational workshop was held in Brunswick County for both this project and TIP Project B-3116. This workshop was held to obtain comments and suggestions from the citizens in the project area. Approximately 25 persons attended this meeting. Most of the citizens in attendance opposed the road closure to replace the two bridges. Some of the concerns with closing the road included inconveniences to school buses, evacuation during hurricane season, emergency response time and increased travel cost due to high gas prices. Most citizens, however, agreed the bridge requires replacement. With the option of closing NC 133 being the proposed recommendation, NCDOT coordinated with Orton Plantation, a set of formal and informal gardens open to the public to determine how this would affect their.business. A spokesperson from Orton Plantation was in favor of replacing the bridges and did not object to closing the road. The let date was adjusted to allow construction to begin after mid -September to accommodate Orton Plantation's schedule. This tourist attraction is open March through November. A meeting was held with natural resource agencies on June 14, 2001. The purpose of this meeting was to discuss alternatives for TIP Projects B-3115 and B-3116 and to obtain concurrence on the recommended alternative for both projects. The result of this meeting was a recommendation to replace Bridge No. 61 in its existing location with a 300-foot (91 meter) bridge. A meeting was held on July 9, 2001 with public officials in Brunswick County. Representatives from Carolina Power and Light Company's (CP&L) Brunswick Nuclear Plant and local emergency management officials had concerns with the road being closed during hurricane season. They agreed however, the replacement of Bridge No. 61 along with the adjacent bridge project were needed. CP&L and other officials did not object to closing the road; however, they asked that NC 133 not be closed until after Labor Day, in order to avoid the peak tourist season and reduce the amount of time the road will be closed during hurricane season. NCDOT agreed to delay closing NC 133 until after Labor Day. NCDOT will provide CP&L and the emergency management officials with an estimate of the amount of time the road closure will add to evacuation times for the plant. A meeting was held on January 31, 2002 with representatives from emergency management and other local officials from Brunswick County, CP&L, citizens, State and Federal Resource Agencies, and NCDOT representatives. The purpose of this meeting was to discuss closing NC 133 to replace the two bridges. The meeting concluded with NCDOT agreeing to gather information on cost and impacts for replacing the bridge on new location to the east and making a decision after comparing all of the proposed alternatives. NCDOT also agreed to leave Bridge No. 56 open while Bridge No. 61 is being replaced. 25 A meeting was held on March 8, 2002 with NCDOT officials at the existing bridge location. After consideration with the Board of Transportation Member for Division 3 and the Division Construction Engineer it was decided to replace the bridge on existing location with road closure and an offsite detour. IX. CONCLUSION Based on the above discussion, NCDOT and FHWA conclude the project will cause no significant environmental impacts. Therefore, the project may be processed as a Categorical Exclusion. VV FIGURES 46 1� J ' - J CAMPBELL ISLAND North Carolina Department of Transportation y Division of Highways Planning & Environmental Branch Brunswick County Replace Bridge No.61 on NC 133 Over Town Creek B-31IS Figure One 1A r If"F -0 I N't J.. A.� rf 1.�, .. r.. � ; "` � � ,• � v f -. i IQ -�� i f'• { ,� � � f � V Y` �� .nt _� 1,'A '.( .fit I.i Proposed Detour Route No. 61 E1. `nr'.•vi �� / - 1y f I 'Ay-"�O a 03 �1 wo e. � AIifRT J NOTE: MAR INCLUDES ONLY STATE MAINTAINED nUepS OR IMPORTANT NON -SYSTEM ROADS. ,/�l�``\ u•A�. MILEAGE NOT SHOWN ON FRONTAGE ROADS. ROADS SHOWN A5 OF JAN. 1. 1998 111B1B1G� 4` Isll1O I n .rx 1 f' n0.B �'' 9 j i11R � I A i `ess'[u j'0 0u'm F BWY BRUNSWI f� COUNTY NORTH CAROLINA -� FIGURE 4 North Carolina Wildlife Resources Commission 0 512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391 Charles R. Fullwood, Executive Director MEMORANDUM TO: Bill Goodwin, Project Planning Engineer Planning & Environmental Branch ,NCDOT FROM: David Cox, Highway Project C m for Habitat Conservation Progr 6 / DATE: - December 5, 1997 SUBJECT: NCDOT Bridge Replacements, Brunswick, Onslow, Wayne, Cumberland, Richmond, Wilson, Lenoir, and Northampton counties, North Carolina, TIP Nos. B-3115, B-3116, B-3358, B-3379, B-3322, B-3365, B-2110, B- 3267, B-3200, B-1303. Biologists with the N. C. Wildlife Resources Commission (NCWRC) have conducted site'visits as need and have the following preliminary comments on the subject projects. Our comments are provided in accordance with provisions of the National Environmental Policy Act (42 U.S.C. 4332(2)(c)) and the Fish and Wildlife Coordination Act (48 Stat. 401. as amended; 16 U.S.C. 661-667d). On bridge replacement projects of this scope our standard recommendations are as follows: 1. We generally pref�t spanning structures. Spanning structures usually do not require work within the stream and do not require stream channel realignment. The horizontal and vertical clearances provided by bridges allows for human and wildlife passage beneath.the structure, does not block fish passage, and does not block navigation by canoeists and boaters. 2. Bridge deck drains should not discharge directly into the stream. 3. Live concrete should not be allowed to contact the water in or entering into the stream. 4. If possible, bridge supports (bents) should not be placed in the stream. Bridge Replacement Memo December 5, 1997 If temporary access roads or detours are constructed, they should be removed back to original ground elevations immediately upon the completion of the project. Disturbed areas should be seeded or mulched to stabilize the soil and native tree species should be planted with a spacing of not more than 10'x10'. If possible, when using temporary structures the area should be cleared but not grubbed. Clearing the area with chain saws, mowers, bush -hogs, or other mechanized equipment and leaving the stumps and root mat intact, allows the area to revegetate naturally and minimizes disturbed soil. 6. A clear bank (riprap free) area of at least 10 feet should remain on each side of the steam underneath the bridge. 7. In trout waters, the N.C. Wildlife Resources Commission reviews all U.S. Army Corps of Engineers nationwide and general `404' permits. We have the option of requesting additional measures to protect trout and trout habitat and we can recommend that the project require an individual '404' permit. 8. In streams that contain threatened or endangered species, NCDOT biologist Mr. Tim Savidge should be notified. Special measures to protect these. sensitive species may be required. NCDOT should also contact the U.S. Fish and Wildlife Service for information on requirements of the Endangered Species Act as it relates to the project. 9. In streams that are used by anadromous fish, the NCDOT official policy entitled "Stream Crossing Guidelines for Anadromous Fish Passage (May 12, 1997)" should be followed. 10. In areas with significant fisheries for sunfish, seasonal exclusions may also be recommended. If corrugated metal pipe arches or concrete box culverts are used: 1. The culvert must be designed to allow for fish passage. Generally, this means that the culvert or pipe invert is buried at least 1 foot below the natural stream bed. If multiple cells are required the second and/or third cells should be placed so that their bottoms are at stream bankful stage (similar to Lyonsfield design). This will allow sufficient water depth in the culvert or pipe during normal flows to accommodate fish movements. If culverts are long, baffle systems are required to trap gravel and provide resting areas for fish and other aquatic organisms. 2. If multiple pipes or cells are used, at least one pipe or box should be designed to remain dry during normal flows to allow for wildlife passage. 3. Culverts or pipes should be situated so that no channel realignment or widening is required. Widening of the stream channel at the inlet or outlet of structures usually causes a decrease in water velocity causing sediment deposition that will require future maintenance. 4. Riprap should not be placed on the stream bed. In most cases, we prefer the replacement of the existing structure at the same location with road closure. If road closure is not feasible, a temporary detour should be Bridge Replacement Memo 3 December 5, 1997 designed and located to avoid wetland impacts, minimize the need for clearing and to avoid destabilizing stream banks. If the structure will be on a new alignment, the old structure should be removed and the approach fills removed from the 100-year floodplain. Approach fills should be removed down to the natural.ground elevation. The area should be stabilized with grass and planted with native tree species. If the area that is reclaimed was previously wetlands, NCDOT should restore the area to wetlands. If successful, the site may be used as wetland mitigation for the subject project or other projects in the watershed. Project specific comments: 1. B-3115 - The potential ins high for anadromous fish usage at this site. Therefore, the guidelines apply (See Item 9 above). 2. B-3116 - The potential is high for anadromous fish usage at this site. Therefore, the guidelines apply (See Item 9 above). 3. B-3358 -This bridge is surrounded by swamp. We request that NCDOT minimize wetland impacts. 4. B-3379 - This site has a high potential. for wetlands adjacent to the bridge. This are is classified as nutrient sensitive waters so we request that sedimentation and erosion controls for high quality waters be followed. 5. B-3322 - No specific concerns. 6. B-3365 - No specific concerns. 7. B-2110 - High potential for wetland impacts. NCDOT should minimize wetland impacts. 8. B-3267 - No specific concerns. 9. B-3200 - Aadromous fish are known to us this area so the guidelines apply (See Item 9 above). There is a high potential for wetland involvement. 10. B-1303 - Aadromous fish are known to use this area so the guidelines apply (See Item 9 above). We request that NCDOT routinely ainimize adverse impacts to fish and wildlife resources in the vicinity of bridge replacements. The NCDOT should install and maintain sedimentation control measures throughout the life of the project and prevent wet concrete from contacting water in or enteritig into these streams. Replacement of bridges with spanning structures of some type, as opposed to pipe or box culverts, is recommended in most cases. Spanning structures allow wildlife passage along streambanks, reducing habitat fragmentation and vehicle related mortality at highway crossings. If. you need further assistance or information on NCWRC concerns regarding bridge replacements, please contact me at (919) 528-9886. Thank you for the opportunity to review and comment on these projects. STREAM CROSSING GUIDELINES FOR ANADROMOUS FISH PASSAGE Anadromous Fish are a valuable resource and must not be adversely impacted. The purpose is to provide guidance to the North Carolina Transportation to ensure that replacement of highway stream crossing structures will not movement of Anadromous Fish. Applicable When: their migration of this document Department of existing and new impede the o Project is in the coastal plain defined by the "Fall Line" as the approximate western limit (see attached figure). o For perennial and intermittent streams delineated on most recent USGS 7.5 minute quadrangle maps. General Guidelines: o Design and scheduling of projects should avoid the necessity of instream activities during the spring migration period. For the purposes of these guidelines "Spring" is considered to fall between February 15 and June 15. (In areas where the shortnose sturgeon may be present,.the Cape Fear, Brunswick and Waccamaw Rivers, spring shall be defined as February 1 to June 15). o pridges and other channel spanning structures are preferred where practical. Technical Guidelines: o In all cases, the width, height and gradient of the proposed opening shall be such as to pass the average historical spring flow without adversely altering flow velocity. Spring flow should be determined from gage data if available. In the absence of this data, bankfull flow can be used as a comparative level. (Reference, "Fisheries Handbook of Engineering Requirements and Biological Criteria", Bell 1973, for fish swimming limitations.) o The invert of culverts shall be set at least one foot below the natural stream bed. K � Stream Crossing Guidelines for Anadromous Fish Passage Page -2- o Crossings of perennial streams serving watersheds greater than one square mile shall provide a minimum of four (4) feet of additional opening width (measured at spring flow elevation) to allow for terrestrial wildlife passage. o In stream footings for bridges will be set one foot below the natural stream bed when practical. For crossing sites which require permit review the following information will be provided as a minimum to facilitate resource agency review. o Plan and profile views showing the existing and proposed crossing structures in relation to the stream bank and bed. o Average historical spring flow (or bankfull flow) for the site. o How the proposed structure will affect the velocity and stage of the spring flow (bankfull). o Justification for any variance from the guideline recommendations. UNITED STATES DEPARTMENT OF COMMERCE F National Oceanic and Atmospheric Administration Regiona101fice-- ' 9721 Executive Center Drive Not St. Petersburg. FL 33712 (727)570-531'_:Fax 570-5517 APR 10 2323 F.:SC-Pv:JLL Mr. Greeory Blakenev Project Development and Environmental Analvsis Branch North Carolina Department of Transportation P.O. Box 25201 Raleigh. NC 27611-5201 Dear Mr. Blakenev: This letter responds to your March 31. 2000 letter regarding two proposed bridge replacement projects in Brunswick County. Both bridges to be demolished are made out of concrete and will be replaced with reinforced concrete and steel or concrete girders. Bridge No. 61 on NC 133 over Town Creek (State Project No.8.1231401, TIP No. B-3115) is approximately 300 feet Ion_ and 26 feet wide and will be replaced with a bridge 300 feet long and 32 feet wide. Bridge No. 56 on NC 133 over Allen Creek (Sate Project No. 8.1231501, TIP NO. B-3116) is approximately 61 feet long and 25 feet .vide and will be replaced with an 80 feet long and 32 feet wide bridge. Explosives will not be used in the demolitions. Allen Creek and Town Creek are tributaries to the lower Cape Fear River. Shortnose sturgeon, protected under the Endangered Species Act (ESA), are rare but do occur in the Cape Fear River. There are no known occurrences of the shortnose sturgeon within these creeks, but potential habitat is present. No in - stream construction in Town Creek or Allen Creek will occur during the months of January, February, March. or April, when shortnose sturgeon could potentially be present. The NCDOT will abide by the Best Management Practices For Bridge Demolition and Removal policy. High Quality Waters (HQW) Erosion Control Guidelines will also be adhered to throughout construction. Based on this information, the National Marine Fisheries Service (NMFS) concurs with your conclusion that the proposed projects are not likely to adversely affect the shormose sturgeon. This concludes the consultation responsibilities under section 7 of the ESA for the proposed action for Federally -listed species, and their critical habitat, under NMFS purview. Consultation should be reinitiated if new information reveals impacts of the proposed action that may affect listed species or their critical habitat, a new species is listed, the identified action is subsequently modified, or critical habitat determined that may be affected by the proposed activity. If you have any questions, please call Jennifer Lee, Fishery Biologist, of my Protected Resources staff. Sincerely, William T. Hogarth, Pit. D. Regional Administrator cc: F/PR3 1514-22 L.2 North Carolina Department of Cultural Resources Division of Archives and History James B. Hunt Jr., Governor Jeffrey J. Crow, Director Betty Ray McCain, Secretary December 16, 1997 Nicholas L. Graf Division Administrator Federal Highway Administration Department of Transportation 310 New Bern Avenue Raleigh, N.C. 27601-1442 Re: Bridge #61 on NC 133 over Town Creek, Brunswick County, B-31 15, Federal Aid Project BRSTP-133(1), State Project 8.1231401-, ER 98- 7931 Dear Mr. Graf: On December 10, 1997, Debbie Bevin of our staff met with North Carolina Department of Transportation (NCDOT) staff for a meeting of the minds concerning the above project. We reported our available information on historic architectural and archaeological surveys and resources along with our recommendations. NCDOT provided project area photographs and aerial photographs at the meeting. Based upon our review of the photographs and the information discussed at the meeting, we offer our preliminary comments regarding this project. In terms of historic architectural resources, we are aware of no historic structures located within the area of potential effect. We recommend that no historic architectural survey be conducted for this project. There are no known archaeological sites within the proposed project area. Based on our present knowledge of the area, it is unlikely that any archaeological resources which may be eligible for inclusion in the National Register of Historic Places will be affected by the project construction. We, therefore, recommend that no archaeological investigation be conducted in connection with this project. Having provided this information, we look forward to receipt of either a Categorical Exclusion or Environmental Assessment which indicates how NCDOT addressed our comments. The above comments are made pursuant to Section 106 of the National Historic Preservation Act of 1966 and the Advisory Council on Regulations for Compliance with' Section 06, codified ats361es CFR Part 800. log East Jones Street • Raleigh, North Carolina 27601-2807 Ina Nicholas L. Graf December 16, 1997, Page 2 Thank you for your cooperation and consideration. If you have questions concerning the above comment, please contact Renee Gledhill -Earley, environmental review coordinator, at 919/733-4763. Sincerely, Z4 David Brook Deputy State Historic Preservation Officer DB:slw cc: H. F. Vick B. Church T. Padgett 1 i �ti oc TRg1,p °9r U.S. DEPARTMENT OF TRANSPORTATION FEDERAL HIGHWAYADMINISTRATION ;? 310 New Bern Avenue. Suite 410 Raleigh, North Carolina 27601 INTES OF To May 5, 2000 IN REPLY REFER T6 HO-NC Mr. William Gilmore, P.E. Manager of Planning and Environmental Branch Division of Highways Raleigh, North Carolina Subject: Federal -aid Project BRSTP-133(1), State No. 6.1231401, B- 3115, Brunswick County Determination of Need for a Coast Guard Permit Dear Mr. Gilmore: As requested by Mr. Gregory Blakeney, the Federal Highway Administration (FHWA) has reviewed the information submitted on the subject project relative to the type and size of vessels that utilize Town Creek in the vicinity of the proposed project. In accordance with 23 CFR 650.805(b), the FHWA has determined that the proposed project is over water that is not used or is 'not susceptible to use in its natural condition or by reasonable improvement as a means .to transport interstate or foreign commerce. Although this waterway is tidal, the only vessels that use the stream are recreational, fishing or other small boats less than 6.4 meters (21 feet) in length. Accordingly, a US Coast Guard permit is not required for construction of this project. Sincerely yours, v/f`. G &e� FOGY Nicholas L. Graf, P.E. Division Administrator N.C. Michael F. Easley, Governor North Carolina Department of Environmtlen iam and NaturalG. RossrRe ourec6s' Alan W. Klimek, P.E., Director Division of Water Quality Wilmington Regional Office August Mr. 2002 Mr. Andrew Nottingham, P.E. North Carolina Department of Transportation Hydraulics Unit, 1590 Mail Service Center AUG 0 8 2002 Raleigh NC 27699-1590 DIVISIOPj OF HIGHWAYc Subject: EXEMPTION from Stormwater HYDRAULICS-UN17- Management Permit Regulations NCDOT Project Number 8.1231401 (B-3115) Stormwater Project No. S W8 020803 Bridge No. 61 over Town Creek on NC 133 Brunswick County Dear Mr. Nottingham: The Wilmington Regional Office received a copy of a Stormwater Management Permit Application Form for the NCDOT Public Road or Bridge project known as Bridge No. 61 over Town Creek on NC 133. Staff of the Wilmington Regional Office have reviewed the application for the applicability of the Stormwater Management rules to the proposed activity at this project. Based on our review; the proposed development activity at this site is not subject to the stormwater requirements as provided for in 15A NCAC 2H.1000. Please be advised that other regulations may potentially apply to the proposed activities. If your project disturbs five acres or more and has a point source discharge of stormwater runoff, then it is subject to the National Pollutant Discharge Elimination System (NPDES) stormwater discharge requirements. You are required to have an NPDES permit for stormwater discharge from projects meeting these criteria. This exemption applies only to the Coastal Stormwater Management Permit for the currently proposed activity. If at any time in the future, development of any part of this site is planned, as defined in NCAC 2H.I000, or if the proposed activities differ in any manner from what is shown on the plans on file with the Division, you must submit the project for review of the applicability of the stormwater management rules. If you have any questions conceminthis matter, please do not hesitate to call me at (910) 395-3900. g Sincerely, Rick Shiver Water Quality Regional Supervisor RSS/arl: S:\1VQS\STORMIN'AT\EXEMP-f\020803.Aug cc: Delaney Aycock, Brunswick County Building Inspections Linda Cewis Wilmington Regional Office Central Files ERR on of Water Quality 727 Cardinal Dn•,z Extznsion Wilmington, N.C. 2a405 (970) 395-3909 Fax (910) 350-2004 customer service 800-623-7748 e•`":yui�'"F� United States Department of the Interior FISH AND WILDLIFE SERVICE d Raleigh Field OfBoc Post Office Box 33726 VRcH 1.0 Raleigh, North Carolina 27636-3726 GUIDELINES FOR AVOIDING IMPACTS TO THE WEST INDIAN MANATEE Precautionary Measures for Construction Activities in North Carolina Waters The West Indian manatee (Trichechus manatus), also known as the Florida manatee, is a Federally -listed endangered aquatic mammal protected under the Endangered Species Act of 1973, as amended (16 U.S.C.1531 et seq.) and the Marine Mammal Protection Act of 1972, as amended (16 U.S.0 1461 et seq.). The manatee is also listed as endangered under the North Carolina Endangered Species Act of 1987 (Article 25 of Chapter 113 of the General Statutes). The U.S. Fish and Wildlife Service (Service) is the lead Federal agency responsible for the protection and recovery of the West Indian manatee under the provisions of the Endangered Species Act. Adult manatees average 10 feet long and weigh about 2,200 pounds, although some individuals have been recorded at lengths greater than 13 feet and weighing as much as 3,500 pounds. Manatees are commonly found in fresh, brackish, or marine water habitats, including shallow coastal bays, lagoons, estuaries, and inland rivers of varying salinity extremes. Manatees spend much of their time underwater or partly submerged, making them difficult to detect even in shallow water. While the manatee's principal stronghold in the United States is Florida, the species is considered a seasonal inhabitant of North Carolina with most occurrences reported from June through October. To protect manatees in North Carolina, the Service's Raleigh Field Office has prepared precautionary measures for general construction activities in waters used by the species. Implementation of1hese measure will allow in -water projects which do not require blasting to proceed without adverse impacts to manatees. In addition, inclusion of these guidelines as conservation measures in a Biological Assessment or Biological Evaluation, or as part of the determination of impacts on the manatee in an environmental document prepared pursuant to the National Environmental Policy Act, will expedite the Service's review of the document for the fulfillment of requirements under Section 7 of the Endangered Species Act. These measures include: 1. The project manager and/or contractor will inform all personnel associated with the project that manatees may be present in the project area, and the need to avoid any harm to these endangered mammals. The project manager will ensure that all construction personnel know the general appearance of the species and their habit of moving about completely or partially submerged in shallow water. All construction personnel will be informed that they are responsible for observing water -related activities for the presence of manatees. 2. The project manager and/or the contractor will advise all construction personnel that i there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act and the Endangered Species Act. 3. If a manatee is seen within 100 yards of the active construction and/or dredging operation or vessel movement, all appropriate precautions will be implemented to ensure protection of the manatee. These precautions will include the immediate shutdown of moving equipment if a manatee comes within 50 feet of the operational area of the equipment. Activities will not resume until the manatee has departed the project area on its own volition (i.e., it may not be herded or harassed from the area). 4. Any collision with and/or injury to a manatee will be reported immediately. The report must be made to the U.S. Fish and Wildlife Service (ph. 919.856.4520 ext. 16), the National Marine Fisheries Service (ph. 252.728.8762), and the North Carolina Wildlife Resources Commission (ph. 252.448.1546). 5. A sign will be posted in all vessels associated with the projectwhere it is clearly visible to the vessel operator. The sign should state: CAUTION: The endangered manatee may occur in these waters during the warmer months, primarily from June through October. Idle speed is required if operating this vessel in shallowwater during these months. All equipment must be shutdown if a manatee comes within 50 feet of the vessel or operating equipment. A collision with and/or injury to the manatee must be reported immediately to the U.S. Fish and Wildlife Service (919-856-4520 ext. 16), the National Marine Fisheries Service (252.728.8762), and the North Carolina Wildlife Resources Commission (252.448.1546). 6. The, contractor will maintain a log detailing sightings, collisions, and/or injuries to manatees during project activities. Upon completion of the action, the project managerwill prepare a report which summarizes all information on manatees encountered and submit the report to the Service's Raleigh Field Office. 7. All vessels associated with the construction project will operate at"no wake/idle" speeds at all times while in water where the draft of the vessel provides less than a four foot clearance from the bottom. All vessels will follow routes of deep water whenever possible. 8. If siltation barriers must be placed in shallow water, these barriers will be: (a) made of material in which manatees cannot become entangled; (b) secured in a manner that they cannot break free and entangle manatees; and, (c) regularly monitored to ensure that manatees have not become entangled. Barriers will be placed in a manner to allow manatees entry to or exit from essential habitat. Prepared by (rev. 06/2003): U.S. Fish and Wildlife Service Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 919/856-4520 Figure 1. The whole body of the West Indian manatee may be visible in clear water; but in the dark and muddy waters of coastal North Carolina, one normally sees only a small part of the head when the manatee raises its nose to breathe. ATB Illustration used with the permission of the North Carolina State Museum of Natural Sciences. Source: Clark, M. K. 1987. Endangered, Threatened, and Ran: Fauna of North Carolina: Part I. A re-evaluation of the mammals. Occasional Papers of the North Carolina Biological Survey 1987- 3. North Carolina State Museum of Natural Sciences. Raleigh, NC. pp. 52. ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Arucle Addressed to: T. F. Holdings 1202 Eastwood Road Wilmington, NC 28403 A Signature ❑ Agem❑ Addressee ceived by Pin'. Prf ed Name) C.Dgte off/DDellivery Cal //rPM d/9/flY D. Is delivery address different from Rem 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Se ice Type / Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchidise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? IErfm Feel ❑ Yes 2. Article Number (Transfer from service taboo -70 0 1 a76 o m 3 ZS6b B5(o4 PS Form 3811, August 2001 Domestic Return Receipt I 702595O2.b1-tsne ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Punt your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front N space permits. 1. Article Addressed to Mr. David R. Harless 2765 Rivcr Road, SE Winnabow, NC 28479 A. Signature X ❑ Agent ❑ Addressee ,deceived b Printed e) C. Date of Delivery D. Is delivery address different from item 1? ❑ Yes If YES enter delivery address below: ❑ No 3. Type ) ti rfied Mail ❑ Express Mal 1 ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra. Fee) ❑ Yes 2. Ankle Number /1 /^ G f� t� 2. Article mbar ice label) -7UV0 I670 0063 2JU0 eL%ID PS Form 3811. August 2001 Domestic Return Receipt 1025e5-02-M-1540 See Sheet I -A For -Index of Sleets See Sheet 1-B For Conventionol Symbols -�— DETOuR ROUTE TO SOUTHPORT -L— STA. 9+00.00 BEGIN TIP PRO V OK GRAPHIC SCALES DESIGN DATA 50 25 0' S0 100 ADT 2004 = 13,600 ADT 20 = 4, PLANS DHV 1% = 4 % 50 25 0 50 100 D = 6D % O PROFILE (HORIZONTAL) T = 5 % V = 60 MPH r ` 10 5 0 10 20 Vooncu c vcon�.n TTST 2 % + DUAL 3 NC STATE OF NORTH CAROLINA DIVISION OF HIGHWAYS WAYS BR UNS WICK CO UNIT LOCATIOMBRIDGE NO. 61OVER TOWN CREEK ON NC 133 TYPE OF WORK GRADING, STRUCTURE, DRAINAGE, PAVING AND PAVEMENT MARKINGS 'IN BRIDGE STA13+6577 P E� � ENL t� -L- PROJECT LENGTH LENGTH ROADWAY TIP PROJECT B-3m = 0.175 MI LENGTH STRUCTURE TIP PROJECT B-3115 = 0.057 MI TOTAL LENGTH OF TIP PROJECT B-3115 = 0.232 MI PlWared In Ila ornm of, DIVISION OF HIGHWAYS 7000 Llyd Rldp Dr., NC, 27610 RIGHT OF WAY DATE. GARY LOVERING, P.E. JULY 31,2003 rAq=T LETTMG ➢ATE: ANTHONY C. WEST JULY 20, 2004 I•+ama Bau srau®e C• B-3115 i am -L- STA. 21 +25.00 END TIP PROM 0 HYDRAMCs EuGnaU DESIGN Fig' Von DEPARTMENT OF i MURAL HIGHWAY DETAIL A LATERAL BAD CH Sbq TD 10 rK],r w.0 1.51', fmnc IAI =1.5 Ft. .NA11 B I,< Lp 0B=2.OFt. Tyne of LI =CLASS B RIP N .5'OFT. TA S. 16+80 TO 17+io -1-P LT DETAILB SPECIAL LATERAL BASE DITCH Iwf Lo sco.t 6r �ro 10 f,R, svoN nlrer rmrvr B ' WAR, 0=1.5Ft. uoY.A o1.5Ft. B type Rt liner = CLASS B RIP RAP STA. 17+50 TO 18+00 4— LT DETAIL C SPECIAL CUT DITCH txm to svaNt LFrom m•u u ma. ova ]r pw+sAr um.D =2.0ft. STA. 19+00 TO 20+50 -1r LT. O O T.F.HOLDINGS LMTEO PARTNERSHIP DB 907 P4 049 BEGIN TIP PROJECT B-3115 POTSIO. 9+00D0 BEG.4' PS. , YtVyl ✓6M + _ k Q+ y+ (L56 k Ybp$N k k uwv5y _ LT. A RT. _a__a IwR�r etcvl - T o u Kl— —L— POT 5 -1 F. N N 4f 58' 35T2WYE —tsvcv F— _ _F gym �4 TO 50ffb F k •OCOS ., �.. [l. 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[OMEPSM0PER HI6DI WITHNBNNE55 C VG c, HIGH "'ER LIE EVIDEADE. WILLIAM C. WARNICK. III SHE S7AIAD THAT THE vglEP POSE TO a $M1P r� Nry ELEvpTMx OF 2 TO ] IxCxES DELOv OB pi9 P4 095 rL V IYIRPICLV AH OFSSEPT.W XE INL NO Z PG I79 E E�TICN OFI0.6 FEETE MW vRTEP LIM -Al- / / CHARLE)S) G. SLAFF III Sp,36' a HBDB IZ]A PE 179 ja je° •%L' + NOTE: SEE SHEET 5 FOR -L- PROFILE DAVID R. HAPLESS OB 452 P4 93 x0 19 PC ]I< NB 2 PO 265 B END TIP PRCUEC POCSfa 21+25A7 END 4' PS. \ Y^aUS_\ RT.