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HomeMy WebLinkAbout20081785 Ver 1_Application_20081208O'er *@ P mar l`? V G? ob !f • o STATE of NORTH CAROLINA ? _^qs?`'"• ayyT ? `DDB O DEPARTMENT OF TRANSPORTATION MICHAEL F EASLEY GOVERNOR Mr William Wescott U S Army Corps of Engineers Washington Regulatory Field Office Post Office Box 1000 Washington, North Carolina 27889-1000 (Two Copies) Mr Rob Ridings Wetlands/401 Unit NC DENR Division of Water Quality 2321 Crabtree Blvd Raleigh, NC 27604-2260 (Three Copies) LYNDO TIPPETT 'W444 Nov 24, 2008 081785 Subject Nationwide 3 Notification and Buffer Authorization Request, for the demolition and reconstruction of Bndge No 69, SR 1945 over Toisnot Swamp in Nash County, NC TIP No. B-4589 ?--z6S X6781,1,1 Dear Sus Please find enclosed the Pre-Construction Notification for the above referenced project Bridge Number 69 (105-feet long) will be replaced with a new bridge of approximately 168 feet in length on the existing alignment There are impacts to regulated buffers and waters of the U S /State associate with this project Thuty (30) timber piles will be removed and replaced with 6 42" drill piers Also temporary access pads will need to be placed in the stream in order to build these piers Finally 95 sq ft of nprap slope protection will be placed in wetlands in order to protect the fill slope and bridge piers Traffic will use an offsite detour during construction The new bndge will completely a much larger portion of floodplam The bndge replacement will result in a better hydraulic opening and provide for increased wildlife passage beneath the future bridge Toisnot Swamp is located in the Neuse River Basin and is classified by the Division of Water Quality at this bndge as WS III, NSW 27-86-11-(1) The bndge will be removed by sawing the deck and lifting it out m sections We will excavate behind the end bents and fold them back, then remove them without dropping any components into the creek Timber piles from the existing bridge will be cut off at the mud line of the stream using a hydraulic shear or other means that does not require construction equipment to get into (252) 237-6164 x 3532 ccoggins@dot state nc us Post Office Box 3165, Wilson, North Carolina 27895-3165 the water Best Management Practices for the Protection of Surface Waters and for Bridge Demolition and Removal will be strictly adhered to during the removal of the existing bridge FEDERALLY-PROTECTED SPECIES AND CULTURAL RESOURCES The Fish and Wildlife Service (FWS) currently list three federally protected species for Nash County (Table 1) Federal Habitat Biological Common Name Scientific Name Status Present Conclusion Red-cockaded Picoides borealis E N No Effect woodpecker Dwarf wedge mussel Alasmidonta heterodon E N No effect Tar spiny mussel Elltpho stemstansana E N No Effect No element occurrences are listed on the NBP database within one mile of the bridge No pine trees suitable for RCW foraging or nesting are adjacent to the bridge This project is not likely to jeopardize the continued existence of any of the federally protected species listed in Nash County For further information please refer to the mussel survey accompanying this permit application No sites eligible for listing on the National Register occur within the area of potential effect This project will not affect listed or eligible historic properties Regulatory Approvals USACE Section 404 Permit The project qualifies for Nationwide Permit 3 (Maintenance of previously approved structures) All permit conditions will be followed For our files, please provide general permit verification that the activity is authorized NCDWQ Section 401 Certification The project qualifies for 401 General Certification number 3494 and 3366 All conditions of the general certification will be followed For our files, please provide general permit verification that the activity is authorized NCDWQ Buffer Rules As bridges are an allowable use they require written authorization from the Division of Water Quality Only Buffer Rule approval is sought in writin g Please contact Chad Coggms (252) 296-3532 or Byron Bateman at (252) 296-3530 if you have any questions or need additional information Your time and effort are appreciated Respectfully Yours, RE Greene, Jr, PE Division Engineer - Division 4 (252) 237-6164 x 3532 ccoggms@dot state nc us Post Office Box 3165, Wilson, North Carolina 27895-3165 Office Use Only: Form Version March 05 USACE Action ID No. DWQ No. 2 0 0 8 1 7 8 5 (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" ) I. Processing 1 Check all of the approval(s) requested for this project N Section 404 Permit N Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ N 401 Water Quality Certification ? Express 401 Water Quality Certification 2 Nationwide, Regional or General Permit Number(s) Requested I 3 If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here ? 4 If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here ? 5 If your protect is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here ? H. Applicant Information Owner/Applicant Information Name R E Greene, Jr , P E, Division Engineer Mailing Address North Carolina Department of Transportation/Division 4 P O Box 3165 Wilson. NC 27895-3165 Telephone Number _ (252) 237-6164x3501 Fax Number (252) 234-6174 E-mail Address _ rgreene@dot state nc us 2 Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name Chad Cog ig ns Company Affiliation Division Environmental Officer Mailing Address Division 4 - NCDOT P O Box 3165 Wilson, NC 27895-3165 Telephone Number (252 237-6164x3532 Fax Number (252 234-6174 E-mail Address ccoggins@ncdot gov Updated 11/1/2005 Page 5 of 13 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties Both the vicinity map and site plan must include a scale and north arrow The specific footprints of all buildings, impervious surfaces, or other facilities must be included If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-Inch format, however, DWQ may accept paperwork of any size DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided 1 Name of project Bridges # 69 on NCSR 1945 Over Tolsnot Swamp in Nash County NC 2 T I P Project Number or State Project Number (NCDOT Only) B4589 3 Property Identification Number (Tax PIN) N/A 4 Location County Nash USGS Bailey Nearest Town Bailey Subdivision name (include phase/lot number) N/A Directions to site (Include road numbers/names, landmarks, etc ) From Wilson Travel West on US 264 take the Green Pond Rd (SR 1301) exit Turn right onto Green Pond Rd then turn left onto W Holmes Church Road then turn right onto Old Smithfield Road bridge is 12 miles North on Old Smithfield Rd 5 Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody ) Decimal Degrees (6 digits minimum) 35 8184 ON 78 0314 °W 6 Property size (acres) 7 Name of nearest receiving body of water Tolsnot Swamp (WS III, NSW, 27-86-11-(1) 8 River Basin Neuse (Note - this must be one of North Carolina's seventeen designated major river basins The River Basin map is available at http //h2o enr state nc us/admin/map- 9 9 Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application Rural wooded Updated 11/1/2005 Page 6 of 13 10 Describe the overall project in detail, including the type of equipment to be used This project will replace bridge number 69 over Toisnot Swamp in Nash CouM Bridge No 69 is currently 105 feet in lgngth and will be replaced with a 168 foot span Tlus bridge will provide a 30 foot clear deck width The bridge will include, two 12-foot lanes and 3-foot offsets The work will involve the use of standard bridge and roadway construction equipment (backhoe, excavator dump truck, bulldozer, grader) 11 Explain the purpose of the proposed work NCDOT Records indicate that Bridge No 69 built in 1950, has a sufficiency rating, of 27 8 out of a possible 100 (for a new structure) Bridge Nos 69 is considered structurally deficient with substandard load gming capacities and is eligible for F IWA'S Hi hwgy Bridge Program Replacement of this bridge will result in safer traffic operations IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn Provide photocopies of previously issued permits, certifications or other useful information Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable) If this is a NCDOT project, list and describe permits issued for prior segments of the same T I P project, along with construction schedules This bridge was previously approved by 33 CFR 330 3 V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application No VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project Each impact must be listed separately in the tables below (e g, culvert installation should be listed separately from riprap dissipater pads) Be sure to indicate if an impact is temporary All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems Wetland and stream evaluation and delineation forms should be included as appropriate Photographs may be included at the applicant's discretion If this proposed impact is strictly for Updated 11/1/2005 Page 7 of 13 wetland or stream mitigation, list and describe the impact in Section VIII below If additional space is needed for listing or description, please attach a separate sheet Provide a written description of the proposed impacts Thuty timber piles will be removed or cut off at the mud line of the stream using a hydraulic shear or other means that does not require construction equipment in the stream Six 42" diameter concrete drill piers will be set below the ordinary high water mark for this bridge while the remaining supports required for this structure will be placed above ordinary high water In order to build these piers temporary access pads will be placed in the stream The access pad will be constructed of rip rap placed on a fabric mat and will be removed upon the completion of the project Also 95 sq ft of rip rap protection will be placed in the wetlands in order to protect slope and bridge piers from erosion 2 Individually list wetland impacts Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc For dams, separately list impacts due to both structure and flooding Wetland Impact Site Number (indicate on map) Type of Impact Type of Wetland (e g, forested, marsh, herbaceous, bog, etc ) Located within 100-year Floodplain es/no) Distance to Nearest Stream (linear feet) Area of Impact (acres) Bridge No 69 Rip rap slope protection Bottomland hardwood yes 1 002 Total Wetland Impact (acres) 3 List the total acreage (estimated) of all existing wetlands on the property N/A 4 Individually list all intermittent and perennial stream impacts Be sure to identify temporary impacts Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e g , cement walls, np-rap, crib walls, gabions, etc ), excavation, ditching/straightening, etc If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included To calculate acreage, multiply length X width, then divide by 43,560 Stream Impact Perennial or Average Impact Area of Number Stream Name Type of Impact Iirt en3uttent? Stream Width Length Impact (indicate on map) Before Impact (Imear feet) (acres) Bridge No 69 Toisnot Swamp 6 Drill piers Perennial 85 0 0 Bridge No 69 Toisnot Swamp Temporary access perennial 85 14 03 Updated 11/1/2005 Page 8 of 13 I Total Stream Impact (by length and acreage) I 0 03 5 Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U S ) Open water impacts include, but are not limited to fill, excavation, dredjaina. flooding. drainage. bulkheads. etc Open Water Impact Site Number (indicate on ma) Name of Waterbody (if apphcable) Type of Impact Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc) Area of Impact (acres) N/A Total Open Water Impact (acres) 6. List the cumulative impact to all Waters of the U S resulting from the project Stream Imp act acres 03 Wetland Impact (acres) 002 Open Water Impact acres 0 Total Impact to Waters of the U S (acres) 032 Total Stream Impact linear feet 14 7 Isolated Waters Do any isolated waters exist on the property? ? Yes ® No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet) Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE NA 8 Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections Also, the proposed pond should be described here and illustrated on any maps included with this application Pond to be created in (check all that apply) ? uplands ? stream ? wetlands Describe the method of construction (e g , dam/embankment, excavation, installation of draw-down valve or spillway, etc) N/A Proposed use or purpose of pond (e g, livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc ) N/A Current land use in the vicinity of the pond N/A Size of watershed draining to pond N/A Expected pond surface area N/A Updated 11/1/2005 Page 9 of 13 VII. Lnpact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible Also discuss how impacts were minimized once the desired site plan was developed If applicable, discuss construction techniques to be followed during construction to reduce impacts The length of Bridge No 69 will be increased from 105 feet to 168 feet in order to span a larger portion of the floodplain Furthermore, a number of timber piles will be removed from Toisnot Swamp and replaced with only six concrete drill piers which will result in a net decrease in permanent stream impacts Strict adherence to Best Management Practices for sediment and erosion control will also be enforced during construction No weep holes will be allowed in the bridge deck that would enable water to drain directly into the stream Special sediment control fence will be installed where needed throughout all phases of construction Offsite detours will be used to avoid temporary fills that might otherwise be associated with an onsite detour Finally, equipment staging and work will be performed within the existing road footprint VIIL Mitigation DWQ - In accordance with 15A NCAC 2H 0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed Examples of mitigation that may be appropriate and practicable include, but are not limited to reducing the size of the project, establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams, and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina (see DWQ website for most current version ) Updated 11/1/2005 Page 10 of 13 Provide a brief description of the proposed mitigation plan The description should provide as much information as possible, including, but not limited to site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e g , deed restrictions, conservation easement, etc), and a description of the current site conditions and proposed method of construction Please attach a separate sheet if more space is needed N/A 2 Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP) Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form For additional information regarding the application process for the NCEEP, check the NCEEP website at http //www nceep net/pages/inlieureplace htm If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information Amount of stream mitigation requested (linear feet) N/A Amount of buffer mitigation requested (square feet) N/A Amount of Riparian wetland mitigation requested (acres) N/A Amount of Non-riparian wetland mitigation requested (acres) N/A Amount of Coastal wetland mitigation requested (acres) N/A IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ® No ? 2 If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation Yes ? No 3 If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter Yes ? No ? X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project The applicant must also provide Updated 11/1/2005 Page 11 of 13 justification for these impacts in Section VII above All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan All buffers must be shown on a map, whether or not impacts are proposed to the buffers Correspondence from the DWQ Regional Office may be included as appropriate Photographs may also be included at the applicant's discretion 1 Will the project impact protected riparian buffers identified within 15A NCAC 2B 0233 (Meuse), 15A NCAC 2B 0259 (Tar-Pamlico), 15A NCAC 02B 0243 (Catawba) 15A NCAC 2B 0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify Neuse )? Yes ® No ? 2 If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers * Zone Impact (square feet) Multiplier Required Mih lion 1 1750 3 (2 for Catawba) allowable 2 1310 allowable Total 3060 allowable Gone 1 extends out 3U feet perpendicular from the top of the near bank of channel, Zone 2 extends an additional 20 feet from the edge of Zone 1 3 If buffer mitigation is required, please discuss what type of mitigation is proposed (i e , Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the Riparian Buffer Restoration Fund) Please attach all appropriate information as identified within 15A NCAC 2B 0242 or 0244, or 0260 Based on Neuse River Basin Buffer Rules this activity is below the threshold and therefore exempt from mitigation requirements XI. Stormwater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level All appropriate best management practices for sediment and erosion control will be implemented XH. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility Updated 11/1/2005 Page 12 of 13 N/A XM. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H 0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ? No XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes El No If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http //h2o enr state nc us/ncwetlands If no, please provide a short narrative description This bridge replacement project does not constitute a change in use and is not anticipated to create My additional impacts to overall water quality XV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e g, draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control) Date (Agent's signature is valid only if an authorization letter from the applicant is provided ) Updated 11/1/2005 Page 13 of 13 i N W 'f Ul V ' _ - - - - O O O 1 !' i 17 17 1 t 77 7177 7 T I , I Y f ! I ?- I I } ' a +( i i t } i I I r I f ' 1 I 1 1 + If 1 I Y t { t 1 I ' t I f t ' I Q { ; }? i „1 1- r t; l , Y t f ! it i I I { t { ? ? 1 1 t f i e I 1 1 1 - 7I{ 1 ' r-? k }}r ? Y ! t III s t ? ! 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Easley, Co,=,w lt= a %u&c* Adwueteatnc Lsbeth C. Evwe 5eaetsry Office n of Arces FE" fWwionand =our j?yj ?, pntp Sccntary Dv oeal R cruces avid'd3 Brook, D= Daeuor August 30, 2005 MEMORANDUM TO. Gregory Thorpe, Pb.D., Director Project Development and Envirotunental Analysis Branch NCDOT Divisioa of Highways FROM: Peter Sandbeck 0?f (?y SUBJECT: Replaceinent of Bridge on SR 1945 over Toisnot Swamp, B4589, Nash County, ER 05-1202 Thank you for your letter of May 20, 2005, concemiug the above protect Based on the, tapogtaphic and hydrological situation that e3 sts withia the proposed project area, we have determined that there is a very high probability that archaeological sites exist.in the project area. We thetefo, ,,,cam=end that a comprehensive archaeological surveey be conducted by an experienced archaeologist to identify and evaluate the significance of nay arcbaeological r=,,"nc that may be damaged or,destroyed by the &Qposedproject, Potential effects on unknown resources must be assessed prior to the initiation .of any earth moving activities. As always, we wM be happy to assist you is planusug your archaeological survey strategy Two cbpies of the resulting archaeological survey report, as well as one copy of the appropriate site fortas, should be forwarded to us for review and comment as soon as they are available and well in advance of any earth moving activities. We have determined that the protect as proposed will not affect any historic sttnctures. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and considerations. If you have any questions concerning the above comment, please contact Renee Gledhill-Earley, eavit-onmental review coordinator, at 919.733.4763. In all future communication concerning this project, please cite the above referenced tracking number. cc Matt Wilkerson, NCDOT bc: Claggett/blintz County Loeahun Ma&ngAddwu Y'eleph Z/F= ADMINISTRATION SM N.$lowt st:cer, Mash Nc 4917 Mao Renee Cmtm Rale"kh NC 27699.4617 (919)733-476317334653 RMOBATION 515 N. 56w%t Stace% Ralag6 NC 4617 Ma Service C.UM Rrii* NC 276994617 (919)733-6547(7154801 SURREY 8 PLANNING 515 N. Blount Some; Umgh, NC 4617 Mad Sernm Cents, Mao NC Z7699-4G17 (919)733.6545/715 4801 &I MkhW F Easley, Governor Lubeth C Evens, Swrdary Jeffirey J Crai, Deputy S=dary July 31, 2006 MEMORANDUM Office ofArchwes end History Division of Hatoncel Rmourees David Bmok, Durxror To: Matt Wilkerson Office of Human Environment North Carolina Department of Transportation FROM. Peter Sandbeck Oo? ' 9 SUBJECT: Archaeological Survey for Replacement of Bridge No?--ys:over Toisnot Swamp, Nash County, ER05-1202 Thank jou for your letter of July 12, 2006, transmuting the archaeological survey report for the above project The report stuthor noted that no significant cultural resources were discovered within the Area of Potential Effect<APE) during the archaeological survey and that no further archaeological investigations are necessary and/.ot Vvarranted. We concur with this recommendation. Newly recorded archaeological site 31NS120 was recorded outside the APE. This archaeological resource, as evalwted was determined to be not eligible for inclusion on the National Register of Historic Places. We also concur with this recommendation. I- he above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Histonc Preservation's Regulations for compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and considerations If you have any questions concerning the above comment, please contact Renee Gledhill Earley, environmental review coordinator, at 919.733.4763. In all future communication concerning this project, please cite the above referenced tracking number, North Carolina Department of Cultural Resources State Historic Preservation Office PONS Smdbe& Admcusuator MR" Address Tekpb=;P a= ADMRMT APO, l 507 N Blount'Shxt, Raleigh NC 4617 Mail S mce center, Raleigh NC 276994617 RESTORATION 515 N Blount Start, Raleigh NC 4617 Mail Sam= Center Raleigh NC 27699?A617 (919)733.4763n33-g653 ti [1RYEY d4 PI A1VIVING 515 N Blount Street, Raleigh. NC 4617 Matz Savice Center, Raleigh NC 27699.4617 (919)733-65477115-4801 (919)7335457115-4801 ff (24) Will traffic be maintained during construction using existing roads, staged construction, or on-site detours? X (25) If the project is a bridge replacement project, will the bridge be replaced at its existing location (along the existing facility) and will all construction proposed in association with the ? bridge replacement project be contained on the existing facility? X (26) Is there substantial controversy on social, economic, or environmental grounds concerning the project? X (27) Is the project consistent with all Federal, State, and local laws ? relating to the environmental aspects of the project? X (28) Will the project have an "effect" on structures/properties eligible for or listed on the National Register of Historic Places? X (29) Will the project affect any archaeological remains which are important to history or pre-history? X (30) Will the project require the use of Section 4(f) resources (public parks, recreation lands, wildlife and waterfowl refuges, historic sites, or historic bridges, as defined in Section 4(f) of the U S. Department of Transportation Act of 1966)? X (31) Will the project result in any conversion of assisted public recreation sites or facilities to non-recreation uses, as defined by Section 6(f) of the Land and Water Conservation Act of 1965, as amended? X (32) Will the project involve construction in, across, or adjacent to a river designated as a component of or proposed for inclusion in the National System of Wild and Scenic Rivers? X F Response to Question 2: Habitat for the dwarf wedge mussel and the Tar Ri spmymussel is present in Toisnot Swamp A mussel surv was conducted on May 31, 2007 No dwarf wedgemussels or Tar River spinymussels were found during the survey The mussel survey concluded that the habitat located in the project study area is poor to marginally adequate for dwarf wedgemussel The biological conclusion for this species is "No Effect " The mussel survey concluded that the habitat located in the project study area is unsuitable to poor for Tar River spinymussel The impounded nature of the habitat and very low flow velocity eliminate any potential impact to populations that may be extant farther downstream The gical conclusion for this species is "Nn Fffert " .