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HomeMy WebLinkAbout19920115 Ver al_Complete File_19920702t..,. .SST, r ??Y VrM ?N. ??,?' STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION P.O. BOX 25201 RALEIGH 27611-5201 JAMES G. MARTIN GOVERNOR THOMAS J. HARRELSON SECRETARY May 29, 1992 District Engineer Army Corps of Engineers P. 0. Box 1890 Wilmington, North Carolina 28402 ATTENTION: Regulatory Branch Dear Sir: 'Jul- - 2 1,992 V,1ETLAt,lDS G1,0UP Vi'lITER OUAUTY SECTIOtJ DIVISION OF HIGHWAYS WILLIAM G. MARLEY, JR., P.E. STATE HIGHWAY ADMINISTRATOR Subject: Davidson County, Bridge No. 437 on SR 1254 over Rat Spring Branch, State Project No. 8.2601901, Federal-Aid Project BRZ-1254(1), I. D. No. B-2128 Attached for your information is a copy of the project planning report for the subject project. The project is being processed by the Federal Highway Administration as a "Categorical Exclusion" in accordance with 23 CFR 771.115(b). Therefore, we do not anticipate requesting an individual permit but propose to proceed under a Nationwide Permit in accordance with 33 CFR 330 Appendix A (B-23) issued November 22, 1991, by the Corps of Engineers. The provisions of Section 330.4 and Appendix A (C) of these regulations will be followed in the construction of the project. We do not anticipate that a permit will be required from the North Carolina Department of Environment, Health and Natural Resources for this project. If you have any questions or need additional information, please call me at 733-3141. Sincerely, / ol. UM L. . Jard, P. E., Manager LJW/plr Planning and Environmental Branch Attachment cc: Mr. John Parker, Permit Coordinator, w/report Mr. John Dorney, Environmental Management, w/report Mr. C. W. Leggett, P. E. Mr. J. T. Peacock, Jr., P. E. Mr. A. L. Hankins, Jr., P. E. Mr. D. B. Waters An Equal Opportunity/Affirmative Action Employer Davidson County, Bridge No. 437 on SR 1254 over Rat Spring Branch State Project No. 8.2601901 Federal-Aid Project BRZ-1254(1) I. D. No. B-2128 CATEGORICAL EXCLUSION U. S. Department of Transportation Federal Highway Administration And N. C. Department of Transportation Division of Highways APPROVED: c z D e J. ard, P.E., Manager Planning and Environmental Branch, NCDOT l zl9z Date Nicho L. Graf Ftif? Division Administrator, FHWA Davidson County, Bridge No. 437 on SR 1254 over Rat Spring Branch State Project No. 8.2601901 Federal-Aid Project BRZ-1254(1) I. D. No. B-2128 CATEGORICAL EXCLUSION May, 1992 Documentation Prepared in Planning and Environmental Branch By: ?'cQ o?E;wtQi Ed Lewis Project Planning Engineer A lot C /?o Wayne Elliott Bridge P oject Plan 'n Engine. r, it Head ranklin Vick, P.E., Assistant Manager Planning and Environmental Branch /qb?prC St.?r SEAL t s 1754 Davidson County, Bridge No. 437 on SR 1254.over Rat Spring Branch State Project No. 8.2601901 Federal-Aid Project BRZ-1254(1) I. D. No. B-2128 Bridge No. 437 has been included in the Federal-Aid Bridge Replacement Program. The location is shown in Figure 1. No substantial environmental impacts are anticipated. The project has been classified as a Federal "Categorical Exclusion." 1. SUMMARY OF ENVIRONMENTAL COMMITMENTS All standard procedures and measures will be implemented to avoid or minimize environmental impacts. No special or unique environmental commitments are necessary. Less than 0.1 acre of wetlands will be disrupted by the project. Best management practices will be utilized to minimize these impacts. II. SUMMARY OF RECOMMENDATIONS Bridge No. 437 should be replaced at the existing location with a reinforced concrete box culvert as shown by the alignment in Figure 2. Only minimum approach work is required to tie the culvert to existing approaches. Preliminary hydrographic studies indicate that a double barreled 9' x 8' box culvert should be provided. Traffic will be maintained during the 4 months construction period by constructing a temporary on-site detour on the south side of the existing structure. Estimated cost, based on current prices, is $361,000 which includes $325,000 for construction and $36,500 for right-of-way. The estimated cost of the project, as shown in the Transportation Improvement Program, is $ 290,000. III. EXISTING CONDITIONS SR 1254 is classified as a rural local route in the Statewide Functional Classification System. It is not part of the Federal Aid System. This section of SR 1254 is not classified in the Town of Lexington's Thoroughfare Plan (1978). SR 1254 serves an industrial area composed of the Lexington Furniture Plants. In the vicinity of the bridge, SR 1254 has a 19-foot pavement with 10-foot shoulders (see Figure 3). Vertical alignment is flat. Horizontal alignment is tangent. The structure is situated 18 feet above the creek bank. 2 There is no posted speed limit for SR 1254. Advisory speed posting may be needed in this industrial area. • The current traffic volume of 1200 vehicles per day (vpd) is expected to increase to approximately 1800 vpd by the year 2011. The projected volume includes 1% truck-tractor semi-trailer (TTST) and 10% dual-tired vehicles (DT). The existing bridge (see Figure 3) was constructed in 1962. It has a timber floor on I-beams supported by timber caps on timber piles and timber bulkheads. The estimated remaining life of the existing structure is 2 years. Overall length is 31 feet. Clear roadway width is 24.5 feet. The posted weight limit is 10 tons for single vehicles and 15 tons for trucks with trailers. Bridge No. 437 has a sufficiency rating of 8.9 compared to a rating of 100 for a new structure. Six accidents were reported in the vicinity of Bridge No. 437 during the period from September 1, 1987 to August 31, 1991. However, only two of these accidents (rear-end) occurred at the bridge. No school buses cross Bridge No. 437. IV. ALTERNATIVE Replacing the bridge along the existing roadway alignment with a cast-in-place reinforced concrete box culvert (2 @ 9' x 8') was the only alternative studied. Traffic will be maintained on-site with a temporary detour structure (2 - 90" pipes) located immediately south of the existing structure (see Figure 2). Consideration was given to replacing the bridge in the same location by closing the road. However, the only access to the Lexington Furniture Plants is SR 1254. Since there is no detour route, this alternative was eliminated. "Rehabilitation" of the old bridge is not feasible due to its age and deteriorated condition. The "do-nothing" alternative would eventually necessitate closure of the bridge. This is not desirable due to the traffic service provided by SR 1254. V. ESTIMATED COST Estimated cost of the recommended alternative is as follows: Structure $ 50,700 Roadway Approaches and Detour $ 228,800 o Structure Removal $ 4,000 Engineering & Contingencies $ 41,500 Right-of-Way, Utilities $ 36,500 Total $ 361,500 3 VI. TRAFFIC DETOUR There is no off-site traffic detour for this project. An easement behind the furniture plant was studied to see if an off-site detour could be constructed along this easement. This alternative was dismissed very early in the planning process as being cost prohibitive. Traffic will be detoured onto a temporary roadway constructed south of Bridge No. 437. Two 90" pipes will serve to carry Rat Spring Branch under the temporary detour. VII. RECOMMENDED IMPROVEMENTS Bridge No. 437 should be replaced at its present location with a reinforced concrete box culvert. According to a preliminary hydrographic study, a double 9' x 8' reinforced concrete box culvert will accommodate the flow of Rat Spring Branch at this point. The length of the culvert will be approximately 60 feet. The structure dimensions may be increased or decreased as necessary to accommodate peak flows of Rat Spring Branch as determined by further hydrographic studies. The recommended improvements will include about 100 feet of improved roadway approaches. A 22-foot pavement with 6-foot graded shoulders should be provided on the approaches. The elevation of the new crossing is expected to be approximately the same as the elevation of the existing bridge. VIII. ENVIRONMENTAL IMPACTS The project is expected to have an overall positive impact. Replacement of an inadequate bridge will result in safer traffic operations. The project is considered to be a Federal "Categorical Exclusion" due to its limited scope and insignificant environmental consequences. The bridge replacement will not have a significant adverse effect on the quality of the human or natural environment with the use of current NCDOT standards and specifications. The project does not conflict with any plan, existing land use, or zoning regulation. No significant change in land use is expected to result from construction of the project. No adverse impact on families or communities is anticipated. • Right-of-way acquisition will be limited. 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. The project is located southwest of Lexington, in Davidson County in the Piedmont physiographic province. The topography of the area is gently rolling hills. 4 A mowed-grass community exists on the east and west sides of Rat Spring Branch. It is dominated by tall fescue (Festuca sp.). Henbit (Lamium amplexicaule) and broomstraw (Andropogon sp.) also exist in this community. Anticipated impacts to the plants in this community are viewed as temporary and minor. The subject project will primarily impact terrestrial wildlife, but the location of Rat Spring Branch in the study area offers the potential for impacts to this aquatic habitat as well. Amphibians common in the vicinity of the project include slimy salamander (Plethodon glutinosis), American toad (Bufo americanus), spring peeper (Hyla crucifer), southern leopard frog (Rana sphenocephala), bullfrog (Rana Catesbeiana) and upland chorus frog (Pseudacris triseriata). Reptiles likely to occur in the area include eastern box turtle (Terrapene carolina), eastern fence lizard (Sceloporus undulatus), broadhead skink (Eumeces laticeps), ground skink (Scincella lateralis), rat snake (Elaphe obsoleta), northern watersnake (Nerodia sipedon) and copperhead (Agkistrodon contortrix). Birds common in the vicinity of the project include red-tailed hawk (Buteo Jamaicensis), Canada goose (Branta canadensis), mallard (Anus platyrhynchos), American crow (Corvus brachyrh_ynchos), European starling (Sturnus vulgaris), Carolina wren (Thryothorus ludovicianus), tufted titmouse (Parus bicolor), rufous-sided towhee (Pi ilo erythrophthalmus), white-throated sparrow (Zonotrichis albicollis), american robin (Turdus migratorius) and eastern bluebird (Sialia sialis). Mammals such as gray fox (Urocyon cinerioargenteus), raccoon (Procyon lotor), white-tailed deer (Odocoileus virginianus), eastern cottontail (Sylvilagus floridanus) and white-footed mouse (Peromyscus leucopus) are likely to be common inhabitants of the area. Rat Spring Branch is the only aquatic community associated with this project. Rat Spring Branch flows northeast to southwest and intersects the project perpendicular to SR 1254. This branch flows on from the study area and into Swearing Creek north of I-85. Fish species likely to be found in Rat Spring Branch include largemouth bass (Micropterus salmoides), bluegill (Lepomis macrochirus), redbreast sunfish (Le omis auritus), white crappie (Pomoxis annularis), flat bullhead (Ictalurus platycephalus), yellow perch (Perca flavescens), common carp (C rinus carpio) and bluehead chub (Nocomis leptocephalus . Upper-level predators rely on inhabitants of this creek including reptiles, amphibians, fish and invertebrates as a food supply. These predators include mammals like raccoons and birds such as belted kingfisher (Megaceryle alcyon) and great blue heron (Ardea herodias). The proposed action could affect the aquatic environment of the branch that flows through the project boundaries. Strict enforcement of sedimentation control measures and best management practices (BMPs) should 5 be observed. Sedimentation into these creeks can be harmful to local populations of invertebrates such as crustacea and insect larvae that are important parts of the aquatic food chain. Fish populations found • downstream of the proposed action also can be harmed by sedimentation. Rat Spring Branch headwaters originate in southern Lexington between US 29 and NC 8 and flow southwest into the subject project area. Water depth at the project site measures from several inches in the shallows to approximately 1 foot in deeper portions of the stream. The substrate is sandy-silt and the channel width is from 2 to 3 feet. The National Pollutant Discharge Elimination System (NPDES) does not list any dischargers for the Rat Spring Branch study area. Rat Spring Branch has a best usage classification of C. Class C waters are suitable for aquatic life propagation and survival, fishing, wildlife, secondary recreation and agriculture. The Benthic Microinvertebrate Ambient Network (BMAN) addresses long term trends in water quality at fixed monitoring sites by the sampling for selected benthic macro invertebrates. These organisms are sensitive to subtle changes in water quality. Good water quality is associated with high taxa richness (the number of different types of organisms) and the presence of many intolerant species. Water quality degradation gradually eliminates the more sensitive species and leads to a community structure different from that in an unstressed stream. Specific data is not available for the immediate project area, however, data received from a biological sampling station at SR 1104 (2 miles to the south of the subject project) gave Swearing Creek, to which Rat Spring Branch is a tributary, a fair bioclassification in 1985 and a good/fair bioclassi- fication in 1987. No waters classified as High Quality Waters (HQW), Outstanding Resource Waters (ORW) or waters designated as WS-1 or WS-11 will be impacted by the proposed project, nor are these resources located within 1 mile of the subject area. Potential impact to Rat Spring Branch will be increased sedimentation from construction-related erosion including increased water turbidity, loss of invertebrates such as filter feeding mollusks and fish eggs due to suffocation. This is viewed as a temporary impact, however, poorly managed application of sedimentation control policies can result in serious damage to the aquatic environment not only in the immediate study area but downstream into Swearing Creek. Sedimentation and erosion control measures will be strictly enforced during the construction stage of this project. Concrete box culverts (and corrugated metal pipes, if used) will be placed 12 inches below the stream bottom so as not to block fish movement. A low flow notch will be cut into one cell of multi-celled concrete box culvert. Deflectors will direct water into this cell during low flows. Soils which are found in the subject project alignment include Chewacla loam (Ch) and Mecklenburg loam (MeD). 6 The Chewacla series consists of very deep, somewhat poorly drained soils on nearly level flood plains. Though non-hydric, it supports hydric inclusions. They formed in recent alluvium washed largely from soils formed in residuum from schist, gneiss, granite, phyllite, and other metamorphic and igneous rocks. Slopes range from 0 to 2 percent. The Mecklenburg series consists of very deep, well drained, slowly permeable soils that formed in residuum weathered from mafic crystalline rocks of the piedmont uplands. Slopes range from 0 to 25 percent. Wetlands and surface waters fall under the broad category of "Waters of the United States" as defined in 33 CFR 328.3 and in accordance with provisions of section 404 of the Clean Water Act (33 U.S.C 1344). Anticipated impacts are categorized as bank-to-bank waters of the United States and fall under the jurisdiction of the U.S. Army Corps of Engineers (COE). Construction is likely to be authorized by provisions of Nationwide permit 33 CFR 330.5 (A) 23. This permit authorizes activities undertaken, assisted, authorized, regulated, funded, or financed, in whole or in part, by another federal agency or department where that agency or department has determined pursuant to the council on environmental quality regulation for implementing the procedural provisions of the National Environmental Policy Act, that the activity, work, or discharge is categorically excluded from environmental documentation because it is included within a category of actions which neither individually nor cumulatively have a significant effect on the human environment and the office of the chief of engineers has been furnished notice of the agency's or department's application for the categorical exclusion and concurs with that determination. This project will require a 401 Water Quality Certification from NCDEHNR prior to the COE issuance of a Nationwide 23 permit. Federal law states that any action, which has the potential to result in a negative impact to federally-protected plants or animals, is subject to review by the USFWS (and/or the National Marine Fisheries Service), under one or more provisions of the Endangered Species Act (ESA) of 1973, as amended. The USFWS and other wildlife resource agencies also exercise jurisdiction over protected species in accordance with the Fish and Wildlife Coordination Act of 1979. Certain plants and animals, which are endemic to North Carolina and/or whose populations are in severe decline, are also protected by North Carolina law. Plants and animals with federal classifications of Endangered (E), Threatened (T), Proposed Endangered (PE) and Proposed Threatened (PT) are protected under provisions of Section 7 and Section 9 of the Endangered Species Act of 1973, as amended. The U.S. Fish and Wildlife Service (USFWS) lists no federally (protected or candidate) species for Davidson County as of March 16, 1992. Candidate species are species which are not legally protected 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. Plants or animals with state designations of Endangered (E), Threatened (T) or Special Concern (SC) are granted protection by the State Endangered Species Act and the N.C. Plant Protection and Conservation Act of 1979, administered and enforced by the North Carolina Wildlife Resources Commission and the N.C. Department of Agriculture. A search of the North Carolina Natural Heritage Program's data failed to turn up any records of occurrence of state-protected species in the study area. This project will not impact any federally protected species. This project is subject to compliance with Section 106 of the National Historic Preservation Act of 1966, as amended, implemented by the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106, codified at 36 CFR Part 800. Section 106 requires that if a federally funded, licensed, or permitted project has an effect on a property listed on or eligible for the National Register of Historic Places, the Advisory Council on Historic Preservation be given an opportunity to comment. The project does not involve any Section 4(f) properties. There are no publicly owned parks, historic sites, recreational facilities, or wildlife and waterfowl refuges of national, state or local significance in the vicinity of the project. There are no properties in the vicinity of the project that are eligible for inclusion in the National Register of Historic Places. The State Historic Preservation Office (SHPO) was given the opportunity to review the architecture and the archaeological aspects of the project. SHPO concurred there were no historic structures or archaeological sites in the area of potential effect (see Appendix A-1 and A-2). No further compliance with Section 106 is required. No Prime or Important farmland will be affected since the structure is to be replaced at the existing location, and, therefore, the project is exempt from the Farmland Protection Policy Act. The project is located within the Northern Piedmont Air Quality Control Region. The ambient air quality for Davidson County has been determined to be in compliance with the National Ambient Air Quality Standards. Since this project is located in an area where the State Implementation Plan (SIP) does not contain any transportation control measures, the conformity procedures of Title 23, Code of Federal Regulations (CFR), Part 770 do not apply to this project. The project will not substantially increase traffic volumes. Therefore, its impact on noise levels and air quality will be insignificant. Noise levels could increase during construction but will be temporary. If vegetation is disposed of by burning, all burning shall be done in accordance with applicable local laws and regulations of the North Carolina SIP for air quality in compliance with 15 NCAC 2D.0520. This evaluation completes the assessment requirements of Title 23, Code of Federal Regulations (CFR), Part 770 and 772 and no additional reports are required. 8 The area of the drainage basin for Rat Spring Branch is 2.6 square miles. Davidson County is a participant in the National Flood Insurance Regular Program, and this section of Rat Spring Branch is included in the detail published and adopted flood study. The proposed replacement structure will not have any adverse effect on the floodplain of Rat Spring Branch at this crossing. The limits of the 100-year and 500-year floodplains and the 100-year floodway are shown in Figure 4. Siltation of adjacent areas due to the project construction will be minimized with the use and maintenance of stringent erosion control devices and measures. On the basis of the above discussion, it is concluded that no serious adverse environmental affects will result from implementation of the project. EL/pl r FIGURES °?? - allburQ `-- I _ _ - -?adla 5i' Hig Point, S?Mid3vay y 0 58 Welcomei t ?- -cad 4 Thomasville 'T.; '6411 Il 9 %?O -? -Reeds Aiziington NORTH CAROLINA '° 4 6 ; 7096 r turchland s ? -9 n 70 8 47 10 r • ?'? a " 7 s II Cid c? $Wthmont., zr I • Dena Healing SOrN ? ? Y1Qh Rock 6 ? / 'iun Hill Al ? ? ` `Y, s 49 1 • f DAVIDSON COUNTY 31_7 ]/. 11]0 ? my o5 y .? 313 1i]] ?a io Emmanuel Wefleyan Merh. Ch. / I]J1 ti ' ?. 17]7 u r ,r U 19 1]74 u e1 a ,. , 21. ueo - ' nol f 12 1]]e i '? / / no.w. ]), r• '?? 1.=7. 1713 1 Ge 1711 G ° •l7e 1717 tr r :191 1773 I])0 / Colrary'7py? 7e 17:3 / Boot. Ch. t 133 \ - 113. W E I'E HSiJr+ BRIDGE NO. 437 1 1 teaingron Mun:Jpol I ' R1rFgrt i . ' ' /r L] las ? ? Ilse ? ee 1375 / ° 1317 110, e° NORTH CAROLINA DEPARTMENT OF °Ne,Te.rme-1 ,°° TRANSPORTATION - Ch. - 3a7 DIVISION OF HIGHWAYS e PLANNING AND ENVIRONMENTAL BRANCH BRIDGE NO. 437 DAVIDSON COUNTY T. I. P. PROJECT B-2128 FIGURE 1 DAVIDSON COUNTY BRIDGE NO. 437 • i I K 1 LOOKING NORTHWEST LOOKING SOUTHWEST LOOKING SOUTHEAST FIGURE 3 _ i UJJt Y I '' . _ NUN`S o a e? CREEK \)S 29 LIMIT OF MODIFIED • ' ? o?-? LIMIT DETAILED STUDY 1 BO OF 005 G 24 STUDY 10 , RM RM-DC•30 ¦ 00 ff 2?/ DC-29X n +. OJ5 ?/' / m u i 729 ,'? // l • ?? A ,',Q???•?' 8') Tco • G ?U I 1 ' IMIT OF DETAILED F ' ?`, •;•, s!E STUDY A 0 4000 P '------------• ----- -------- ---------.- Vyl LLT01 R p E ---? RANCI DC-28 A C •' ?" p ? VICTOR . DC-12 ?P B RM-DC 33 x 00 STREET RM-DC-11/ • p ?v uY aJ?? C / !PC 34 N ;? » e A B ' v E ?B RM-DC-?7 C , RM-DC-32 C I Q a M_ b RAT SPRING BRANCH//-- A PROJECT B ° ? TRIBUTARY D / A - E NcsR RAT SPRING '2S4 0 . 'O ?/ A BRANCH 100-YEAR FLOOD LIMIT i 77 L ' /f lie 500-YEAR FLOOD LIMIT , 1 /+ K ' / t NORTH CAROLINA DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS PLANNING AND ENVIRONMENTAL I31ZANCH LIMITS OF 100-YEAR AND 500-YEAR FLOOD FIGURE 4 C i APPENDIX North Carolina Department of Cultural Resources James G. Martin, Governor Patric Dorsey, Secretary Nicholas L. Graf Division Administrator Federal Highway Administration Department of Transportation 310 New Bern Avenue ' Raleigh, N.C. 27601-1442 Division of Archives and History William S. Price, Jr., Director Re: Replace Bridge No. 437 over Swearing-Creek on SR 1254, Davidson County-,--B-2128, .2601901, BRZ-1254(1), ER 92-7527 Dear Mr. Graf: Et C. MAR 3 1992 oivi QN OF `X IGI'iWAYS Se; On December 10, 1991, Robin Stancil 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 a later date for our use. 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 Historic Preservation's Regulations for Compliance with Section 106, codified at 36 CFR Part 800. A-1 109 East Jones Street 0 Raleigh, North Carolina 27601-2807 nolas L. Graf ?ebruary 27, 1992, 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, C r Dav Brook Deputy State Historic Preservation Officer DB:sl?w? cc: 4'1.. J. Ward B. Church T. Padgett A-2 t e DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO July 22, 1992 Regulatory Branch Action ID. 199202788 and Nationwide Permit No. 23 (Approved Categorical Exclusions) Mr. L. J. Ward, Manager Planning and Environmental Branch Division of Highways North Carolina Department of Transportation Post Office Box 25201 Raleigh, North Carolina 27611-5201 Dear Mr. Ward: Reference is made to your letter of May 29, 1992, regarding your plans to discharge dredged/fill material in the waters/wetlands of Rat Spring Branch, associated with the replacement of the Rat Spring Branch Bridge (Bridge No. 437), SR 1254, Lexington, Davidson County, North Carolina, State Project No. 8.2601901 I. D. No. B-2128. Plans included with your letter showed that you propose to replace the aforementioned bridge with a two barrel box culvert. For the purposes of the Corps of Engineers' Regulatory Program, Title 33, Code of Federal Regulations (CFR), Part 330.6, published in the Federal Register on November 22, 1991, lists nationwide permits. Authorization, pursuant to Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act, was provided for activities undertaken, assisted, authorized, regulated, funded or financed, in whole or in part, by another Federal agency or department where that agency or department has determined, pursuant to the CEQ Regulation for the Implementing the Procedural Provisions of the National Environmental Policy Act, that the activity, work or discharge is categorically excluded from environmental documentation because it is included within a category of actions which neither individually nor cumulatively have a significant effect on the human environment, and the' Office of the Chief of Engineers has been furnished notice of the agency's or department's application for the categorical exclusion and concurs with that determination. Your work is authorized by this nationwide permit provided it is accomplished in strict accordance with the enclosed conditions. This nationwide permit does not relieve you of the responsibility to obtain any required State or local approval. V -2- This verification will be valid for 2 years from the date of this letter unless the nationwide authorization is modified, reissued, or revoked. Also, this verification will remain valid for the 2 years if, during that period, the nationwide permit authorization is reissued without modification or the activity complies with any subsequent modification of the nationwide permit authorization. If during the 2 years, the nationwide permit authorization expires or is suspended or revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit will remain authorized provided the activity is completed within 12 months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend, or revoke the authorization. Questions or comments may be addressed to Mr. John Thomas at the Raleigh Field Office, telephone (919) 846-0648. Sincerely, G. Wayne Wright Chief, Regulatory Branch Enclosure Copies Furnished (without enclosure): Mr. John Parker North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 /M,r. John Dorney Water Quality Section Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687