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HomeMy WebLinkAbout20050632 Ver 1_Complete File_20050422Mr. J.M. Mills, P.E. April 22, 2005 DWQ# 05-0632 Page 4 DWQ Project No.: (95-063) County: Applicant: A,L4_ ?4 4 /V1A5 Project Name: ?\,--2 Date of Issuance of 401 Water Quality Certification: , ; Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 40l/Wetlands Unit, North Carolina ---I-...? .. »--- »»...J, ...+- 11a»11 - v 11110 1VL 11111161.' the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's (;grti f ication I, hereby state that, to the best of my abilities, due care and diligence was used in the o servation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. /-? Signature: Date: Agent's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the se ation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: Engineer's Certification Partial Final I, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project,for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature Registration No. Date Mr. J.M. Mills, P.E. March 16, 2005 DWQ# 05-0442 Page 4 DWQ Project No.: County: 1Uw0a A C e- Applicant: Project Name: ©b?1?, li,sbn? ,h Q.rA(_s? Jsa { eplacee,,Le o;? eT? A Date of Issuance of 401 Water Quality Certification: M.,,[ 200 Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North Carolina a eig - -Divisilvil -d to E)WQ by- the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, M °,\(?,L' AI V, kI 5 , hereby state that, to the best of my abilities, due care and diligence was used "in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: Z Z-O7 Agent's Certi cation I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Engineer's Certification Partial Final I, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project,for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature Date: Registration No. Date DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS Washington Regulatory Field Office P.O. Box 1000 Washington, North Carolina 27889-1000 August 14, 2007 Regulatory Division ORM ID SAW-200020569 Dr. Gregory J. Thorpe, Ph. D. Environmental Manager Director Project Development and Environmental Analysis Branch North Carolina Department of Transportation 1598 Mail Service Center Raleigh, North Carolina 27699-1598 Dear Dr. Thorpe: D @T M? D AEG 1 5 2007 wEiu? Please reference the Department of the Army permit issued to you on January 4, 2006, for Sections A and B of the S.R. 1158 (Airport Road) TIP U-3823 adjacent to Bloomery Swamp and two unnamed tributaries, from NC 42 to US 264A, West of Wilson, in Wilson County, North Carolina. The Corps is issuing this permit modification in response to your written request of June 14, 2007. The permit modification requests are as follows: 1. Section A, Site 1: Clarify wording to read "temporary fill in wetlands" 2. Section A, Site 2: 0.585 acres of permanent fill in wetlands 0.032 acres of excavation in wetlands 0.268 acres of mechanized clearing in wetlands 0.132 acres of temporary fill in wetlands 0.175 acres of temporary fill in surface waters (workpad) The permit is hereby modified to include the work as indicated above and shown on the enclosed plans. It is understood that all conditions of the original permit remain applicable and that the expiration date is unchanged. It is also understood that the 12-foot by 9-foot pentuple barrel culvert in Section A, Site 2, will be removed in its entirety. -2- Thank you for your time and cooperation. If you have any questions, please contact Mr. William Wescott of my staff, telephone (252) 975-1616, extension 31. Sincerely, ?n David M. Lekson, P.W.S. Chief, Washington Regulatory Field Office Enclosures Copies Furnished (without enclosures): Mr. John Hennessy Water Quality Section Division of Environmental Management North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Travis Wilson Eastern Region Highway Project Coordinator Habitat Conservation Program 1142 I-85 Service Road Creedmoor, North Carolina 27522 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Ron Sechler National Marine Fisheries Service 101 Pivers Island Beaufort, North Carolina 28516 -3- Mr. Chris Militscher C/O FHWA U.S. Environmental Protection Agency Raleigh Office 310 New Bern Avenue, Room 206 Raleigh, North Carolina 27601 Mr. J.M. Mills, P.E. April 18, 2005 DWQ# 05-0608 Page 4 DWQ Project No. Applicant: Project Name: a Date of Issuance of 401 Water Quality Certification: County: C-2 C. ; 1?0,/ 3)D0 Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North Carolina eig , C, 27699-162. y the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, AA ; k[ &;&i -,hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: 4&? / 7 Agent's C gifica 'on I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Engineer's Certification Partial Final I, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project,for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature Registration No. Ocl -v 44 Date s- A Channel Mitigation Monitoring Sheets I, II, III, AND IV Monitoring Data Record 2-007 Project Title: R-2547C (Site 7) COE Action ID: 2002-2-0819 Stream Name: UT to Marks Creek DWQ Numbers: 01168.9 City, County and other Location Information: Date Construction Completed: November 2004 Monitoring Quarter: ( 4) of 8 Ecoregion: 8 digit HUC unit: 03020201 USGS Quad Name and Coordinates: Rosgen Classification: Length of Project: 262' Urban or Rural: Rural Watershed Size: Monitoring DATA collected by: M. Green & J. Young Date: 3/14/07 Applicant Information: Name: NCDOT Roadside Environmental Unit Address: 1425 Rock Quarry Rd. Raleigh, NC 27610 Telephone Number: (919) 861-3772 Email address: mlgreen ,dot.state.nc.us Consultant Information: Name: Address: Telephone Number: Email address: Project Status: Complete Monitoring Level required by COE and DWQ (404 permit/ 401 Cert.): Level 1 - Monitoring Level 1 requires completion ofSection 1, Section 2 and Section 3 Permit States: The permittee will visually monitor the vegetative plantings on all mitigation streambanks to access and insure complete stabilization of the mitigation stream segments. This monitoring will include adequate visual monitoring of planted vegetation for a minimum of two years after final planting, and appropriate remedial actions (e.g., replanting, streambank grading, ect.). If within any monitoring year, bank stabilization is not acceptable as determined by the Corps of Engineers, and remedial action required by the Corps of Engineers is performed, the two year monitoring of the affected portions of the stream will begin again. Section 1. PHOTO REFERENCE SITES Total number of reference photo locations at this site: 3 photo point locations - 2 photos at each location Dates reference photos have been taken at this site: 4/18/06,8/4/06,11/15/061) 3/14/07 Individual from whom additional photos can be obtained (name, address, phone): Other Information relative to site photo reference: If required to complete Level 3 monitoring only stop here; otherwise, I I. •1 Section 2. PLANT SURVIVAL Attach plan sheet indicating reference photos. Identify specific problem areas (missing, stressed, damaged or dead plantings): Estimated causes, and proposed/required remedial action: ADDITIONAL COMMENTS: Vegetation is dormant for the 4th quarter of monitoring. Live stakes and bareroot seedlings noted on the streambank and in the floodplain consisted of black willow, baldcypress, r? een ash, swamp chestnut oak, overcup oak, willow oak, and tuliQpoplar. Other vegetation noted consisted ofJuncus sp. cattail, lespedeza, woolgrass, fennel, and various grasses. If required to complete Level 1 and Level 2 monitoring only stop here; otherwise, complete section 3. .,A Section 3. CHANNEL STABILITY Visual Inspection: The entire stream project as well as each in-stream structure and bank stabilization/revetment structure must be evaluated and problems addressed. Report on the visual inspection of channel stability. Physical measurements of channel stability/morphology will not be required. Include a discussion of any deviations from as-built and an evaluation of the significance of these deviations and whether they are indicative of a stabilizing or destabilizing situation. The stream is stable for the 4th quarter of monitoring. There was some minor beaver activity noted on the inlet side of the culvert. NCDOT will continue to monitor this stream relocation. Date Station Station Station Station Station Inspected Number Number Number Number Number Structure Type Is water piping through or around structure? Head cut or down cut present? Bank or scour erosion present? Other problems noted? NOTE: Attach separate narrative sheets to each monitoring report describing/discussing the overall monitoring results. Include the identification of specific problem areas/channel failures, estimated cause and proposed/required remedial action. This should include a brief discussion of any parameter that has changed significantly from as-built. t Site s' Photo 1 ..aid Photo 3 J? ?? yY s..r ., l ,. % Y 1. ?d }_•. Photo 4th Quarter - March 2007 Irk 14 1 -IWE Photo 2 r ?]jyt i Y• V ? eg /•? Photo 4 Photo 6 ^ ` 'I Channel Mitigation Monitoring Sheets I, II, III, AND IV Monitoring Data Record 1??4 y 20)/ Project Title: R-2547C (Site 7) COE Action ID: 2002-2-0819 Stream Name: UT to Marks Creek DWQ Numbers: 0111_6889_ City, County and other Location Information: Date Construction Completed: November 2004 Monitoring Quarter: ( 5) of 8 Ecoregion: 8 digit HUC unit: 03020201 USGS Quad Name and Coordinates: Rosgen Classification: Length of Project: 262' Urban or Rural: Rural Watershed Size: Monitoring DATA collected by: M. Green & J. Young Date: 5/31/07 Applicant Information: Name: NCDOT Roadside Environmental Unit Address: 1425 Rock Quarry Rd. Raleigh, NC 27610 Telephone Number: (919) 861-3772 Email address: ml rg een@dot.state.nc.us K V V, Consultant Information: Name: Address: Telephone Number: Email address: Project Status: Complete Monitoring Level required by COE and DWQ (404 permit/ 401 Cert.): Level 0 2 3 Monitoring Level 1 requires completion of Section 11 Section 2 and Section 3 Permit States: The permittee will visually monitor the vegetative plantings on all mitigation streambanks to access and insure complete stabilization of the mitigation stream segments. This monitoring will include adequate visual monitoring of planted vegetation for a minimum of two years after final planting, and appropriate remedial actions (e.g., replanting, streambank grading, ect.). If within any monitoring year, bank stabilization is not acceptable as determined by the Corps of Engineers, and remedial action required by the Corps of Engineers is performed, the two year monitoring of the affected portions of the stream will begin again. Section 1. PHOTO REFERENCE SITES Total number of reference photo locations at this site: 3 photo point locations - 2 photos at each location Dates reference photos have been taken at this site: 4/18/06, 8/4/06,11/15/06, 3/14/07, 5/31/07 Individual from whom additional photos can be obtained (name, address, phone): Other Information relative to site photo reference: If required to complete Level 3 monitoring only stop here; otherwise, t'-1 Section 3. CHANNEL STABILITY Visual Inspection: The entire stream project as well as each in-stream structure and bank stabilization/revetment structure must be evaluated and problems addressed. Report on the visual inspection of channel stability. Physical measurements of channel stability/morphology will not be required. Include a discussion of any deviations from as-built and an evaluation of the significance of these deviations and whether they are indicative of a stabilizing or destabilizing situation. The stream is stable for the 5th quarter of monitoring. All of the cross vanes are functioning properly. NCDOT will continue to monitor this stream relocation. Date Station Station Station Station Station Inspected Number Number Number Number Number Structure Type Is water piping through or around structure? Head cut or down cut resent? Bank or scour erosion present? Other problems noted? NOTE: Attach separate narrative sheets to each monitoring report describing/discussing the overall monitoring results. Include the identification of specific problem areas/channel failures, estimated cause and proposed/required remedial action. This should include a brief discussion of any parameter that has changed significantly from as-built. r-' Site 7 Photo 2 (Downstream) ? ? / 11 k3 f ji t, I 6 4 tom'' . s'• r„ „, xlrAt? , ,C ? a? Photo 4 (Downstream) Photo 1 (Upstream) Photo 3 (Upstream) Photo 6 (Downstream) Photo 5 (Upstream) 5th Quarter - May 2007 Channel Mitigation Monitoring Sheets 1, 11, 111, AND IV Monitoring Data Record ?'C? Project Title: R-2547CC (Site 4) COE Action ID: 2002-2-0819 Stream Name: UT to Marks Creek DWQ Numbers: 011689 City, County and other Location Information: Date Construction Completed: August 2004 Monitoring Quarter: ( 4 ) of 8 Ecoregion: 8 digit HUC unit: 03020201 USGS Quad Name and Coordinates: Rosgen Classification: Length of Project: 787' Urban or Rural: Rural Watershed Size: Monitoring DATA collected by: M. Green & J.Young Date: 3/14/07 Applicant Information: Name: NCDOT Roadside Environmental Unit Address: 1425 Rock Quarry Rd. Raleigh, NC 27610 Telephone Number: (919) 861-3772 Email address: m1green(o),dot.state.nc.us Consultant Information: Name: Address: Telephone Number: Email address: Project Status: Complete Monitoring Level required by COE and DWQ (404 permit/ 401 Cert.): Level 1 -2 -3 Monitoring Level 1 requires completion ofSection 1, Section 2 and Section 3 Permit States: The permittee will visually monitor the vegetative plantings on all mitigation streambanks to access and insure complete stabilization of the mitigation stream segments. This monitoring will include adequate visual monitoring of planted vegetation for a minimum of two v years after final planting, and appropriate remedial actions (e.g., replanting, streambank grading, ect.). If within any monitoring year, bank stabilization is not acceptable as determined by the Corps of Engineers, and remedial action required by the Corps of Engineers is performed, the two year monitoring of the affected portions of the stream will begin again. Section 1. PHOTO REFERENCE SITES Total number of reference photo locations at this site: 6 photo point locations - 2 photos at each location Dates reference photos have been taken at this site: 4/18/06, 8/4/06,11/9/06, 3/14/07 Individual from whom additional photos can be obtained (name, address, phone): Other Information relative to site photo reference If required to complete Level 3 monitoring only stop here; otherwise, Section 2. PLANT SURVIVAL Attach plan sheet indicating reference photos. Identify specific problem areas (missing, stressed, damaged or dead plantings): Estimated causes, and proposed/required remedial action: ADDITIONAL COMMENTS: Vegetation is dormant for the 4th quarter of monitoring. Live stakes and bareroot seedlings noted on the streambank and in the floodplain consisted of black willow, river birch, swamp chestnut oak, and tulip poplar. Other vegetation noted consisted of Juncus sp., cattail, goldenrod, lespedeza, fennel, Sagittaria sp., woolgrass, and various grasses. I s -IS If required to complete Level 1 and Level 2 monitoring only stop here; otherwise, complete section 3. Section 3. CHANNEL STABILITY f Visual Inspection: The entire stream project as well as each in-stream structure and bank stabilization/revetment structure must be evaluated and problems addressed. Report on the visual inspection of channel stability. Physical measurements of channel stability/morphology will not be required. Include a discussion of any deviations from as-built and an evaluation of the significance of these deviations and whether they are indicative of a stabilizing or destabilizing situation. The stream is stable for the 4th quarter of monitoring. The last crossvane upstream of the box culvert has water piping through this structure but no remedial action is necessary at this time. There is evidence that a bankfull event has recently occurred. NCDOT will continue to monitor this stream relocation. Date Station Station Station Station Station Inspected Number Number Number Number Number Structure Type Is water piping through or around structure? Head cut or down cut resent? Bank or scour erosion present? Other problems noted? NOTE: Attach separate narrative sheets to each monitoring report describing/discussing the overall monitoring results. Include the identification of specific problem areas/channel failures, estimated cause and proposed/required remedial action. This should include a brief discussion of any parameter that has changed significantly from as-built. Site 4 t t -t? 1 tt T.?S? Cry •'t ?? it r t 4 ley g"_i f+iJ. t, t r.. t t ?•, 1 ? r' !? ?'??k" ??t .? ? 8 ? A 4 it .F- . 3?? . 1 f h ? •.+.? ??t,- ?'C?;.ti;>., 'O?.Ai.-' ???' t. '?C.y., ,.y}?c:?s.;w'y. ':?' •li.-wXL:='?t ?w'a ??r ;?? ?... ap?.•I. ..+.?lN'. Y , 'i •5?Y +a..: ? V Photo 1 Photo 3 ,' r r i. •? III"' t ? A y? n .,c 4?V e Yi 1 } at';''1 M .? ! Yy Y. i rlsf d i1' sy;. R; t t ?'S i f 1' i t Of Photo 2 Photo 4 Photo 6 Photo 5 4th Quarter- March 2007 Site 4 Photo 7 } A Photo 9 S f 1 t ; '? ? yyy /? ? I d li? Nt1 ,yy '.y -1 4 . ti vw? X-? Photo 8 r? r + . +S y E,r 4 Photo 10 t w• l0 ....A4 Z' iy1 A• r,t Photo 12 Photo 11 4th Quarter- March 2007 t a ?a !p .1 JAC F ti'. s ? y f?a ?l,r, f. ? yt P.,$? s f -t t ? •. ? {. ? .'? ? r???sj .:J ?ANI r? '? ,4 a At t AN 16th j.', i.•« ?w - ' . ,? sj.? 11j° : y° q r L?0 ? ? x???J?. ye ?.?rT! .!'? .? tl?i? y?J ' Ala( ? S.,Y A .N" '? f .f P, ?.. n ?? Overview of Site 4 Looking Upstream 4th Quarter - March 2007 Channel Mitigation Monitoring Sheets I, II, III, AND IV /7OD Monitoring Data Record Project Title: R-2547CC (Site 4) COE Action ID: 2002-2-0819 Stream Name: UT to Marks Creek DWQ Numbers: 011689 City, County and other Location Information: Date Construction Completed: August 2004 Monitoring Quarter: ( 5 ) of 8 Ecoregion: 8 digit HUC unit: 03020201 USGS Quad Name and Coordinates: Rosgen Classification: Length of Project: 787' Urban or Rural: Rural Watershed Size: Monitoring DATA collected by: M. Green & J.Young Date: 5/31/07 Applicant Information: Name: NCDOT Roadside Environmental Unit Address: 1425 Rock Quarry Rd. Raleigh, NC 27610 Telephone Number: (919) 861-3772 Email address: ml reen&dot.state.nc.us Consultant Information: Name: Address: Telephone Number: Email address: Project Status: Complete Monitoring Level required by COE and DWQ (404 permit/ 401 Cert.): Level -2 3 Monitoring Level 1 requires completion of Section 1, Section 2 and Section 3 Permit States: The permittee will visually monitor the vegetative plantings on all mitigation streambanks to access and insure complete stabilization of the mitigation stream segments. This N monitoring will include adequate visual monitoring of planted vegetation for a minimum of two years after final planting, and appropriate remedial actions (e.g., replanting, streambank grading, ect.). If within any monitoring year, bank stabilization is not acceptable as determined by the Corps of Engineers, and remedial action required by the Corps of Engineers is performed, the two year monitoring of the affected portions of the stream will begin again. Section 1. PHOTO REFERENCE SITES Total number of reference photo locations at this site: 6 photo point locations - 2 photos at each location Dates reference photos have been taken at this site: 4/18/06, 8/4/06,11/9/06, 3/14/07, 5/31/07 Individual from whom additional photos can be obtained (name, address, phone): Other Information relative to site photo reference: If required to complete Level 3 monitoring only stop here; otherwise, Section 2. PLANT SURVIVAL Attach plan sheet indicating reference photos. Identify specific problem areas (missing, stressed, damaged or dead plantings): Estimated causes, and proposed/required remedial action: ADDITIONAL COMMENTS: Live stakes and bareroot seedlings noted on the streambank and in the floodplain consisted of black willow, river birch, swamp chestnut oak, sycamore, and tulip poplar. Other vegetation noted consisted of Juncus sp., cattail, goldenrod, lespedeza, fennel, Sagittaria sp., woolerass, and various grasses. If required to complete Level 1 and Level 2 monitoring only stop here; otherwise, complete section 3. t Se&ioh 3. CHANNEL STABILITY Visual Inspection: The entire stream project as well as each in-stream structure and bank stabilization/revetment structure must be evaluated and problems addressed. Report on the visual inspection of channel stability. Physical measurements of channel stability/morphology will not be required. Include a discussion of any deviations from as-built and an evaluation of the significance of these deviations and whether they are indicative of a stabilizing or destabilizing situation. The stream is stable for the 5th quarter of monitoring. The last croswane upstream of the box culvert has water piping through this structure but no remedial action is necessary at this time. NCDOT will continue to monitor this stream relocation. Date Station Station Station Station Station Inspected Number Number Number Number Number Structure Type Is water piping through or around structure? Head cut or down cut resent? Bank or scour erosion present? Other problems noted? NOTE: Attach separate narrative sheets to each monitoring report describing/discussing the overall monitoring results. Include the identification of specific problem areas/channel failures, estimated cause and proposed/required remedial action. This should include a brief discussion of any parameter that has changed significantly from as-built. A X"i s ` ../ d 1 y '41rIj 4,` Photo I (Upstream) Site 4 Photo 3 (Upstream) Photo 2 (Downstream) Photo 4 (Downstream) Photo 5 (Upstream) 5th Quarter - May 2007 Photo 6 (Downstream) Site 4 Photo 7 (Upstream) Photo 8 (Downstream) Photo 9 (Upstream) Photo 10 (Downstream) Photo l 1(Upstream) 5th Quarter - May 2007 Photo 12 (Downstream) Site 4 A(l 5th Quarter - May 2007 Overview of Site 4 Looking Upstream Channel Mitigation Monitoring Sheets I, II, III, AND IV Monitoring Data Record /-" „ 2©07 Project Title: R-2547C (Site 8B) COE Action ID: 2002-2-0819 Stream Name: UT to Marks Creek DWQ Numbers: 011689 City, County and other Location Information: Date Construction Completed: November 2004 Monitoring Quarter: ( 4) of 8 Ecoregion: 8 digit HUC unit: 03020201 USGS Quad Name and Coordinates: Rosgen Classification: Length of Project: 249' Urban or Rural: Rural Watershed Size: Monitoring DATA collected by: M. Green & J. Young Date: 3/14/07 Applicant Information: Name: NCDOT Roadside Environmental Unit Address: 1425 Rock Quarry Rd. Raleigh, NC 27610 Telephone Number: (919) 861-3772 Email address: mlareen(a),dot.state.nc.us Consultant Information: Name: Address: Telephone Number: Email address: Project Status: Complete Monitoring Level required by COE and DWQ (404 permit/ 401 Cert.): Level -2 -3 Monitoring Level 1 requires completion ofSection 1, Section 2 and Section 3 Permit States: The permittee will visually monitor the vegetative plantings on all mitigation streambanks to access and insure complete stabilization of the mitigation stream segments. This monitoring will include adequate visual monitoring of planted vegetation for a minimum of two years after final planting, and appropriate remedial actions (e.g., replanting, streambank grading, ` N ect.). If within any monitoring year, bank stabilization is not acceptable as determined by the Corps of Engineers, and remedial action required by the Corps of Engineers is performed, the two year monitoring of the affected portions of the stream will begin again. Section 1. PHOTO REFERENCE SITES Total number of reference photo locations at this site: 3 photo point locations - 2 photos at each location Dates reference photos have been taken at this site: 4/18/06,8/4/06,11/15/06-) 3/14/07 Individual from whom additional photos can be obtained (name, address, phone): Other Information relative to site photo reference: If required to complete Level 3 monitoring only stop here; otherwise, Section 2. PLANT SURVIVAL Attach plan sheet indicating reference photos. Identify specific problem areas (missing, stressed, damaged or dead plantings): Estimated causes, and proposed/required remedial action: ADDITIONAL COMMENTS: Vegetation is dormant for the 4th quarter of monitoring. Live stakes and bareroot seedlings noted on the streambank and in the floodplain consisted of black willow, baldcypress green ash, swamp chestnut oak, overcup oak, sweetgum, sycamore, and tulip poplar. Other vegetation noted consisted of Juncus sp., cattail, briars, lespedeza, fennel, woolgrass, and various grasses. If required to complete Level 1 and Level 2 monitoring only stop here; otherwise, complete section 3 e Section 3. CHANNEL STABILITY Visual Inspection: The entire stream project as well as each in-stream structure and bank stabilization/revetment structure must be evaluated and problems addressed. Report on the visual inspection of channel stability. Physical measurements of channel stability/morphology will not be required. Include a discussion of any deviations from as-built and an evaluation of the significance of these deviations and whether they are indicative of a stabilizing or destabilizing situation. The stream is stable for the 4th quarter of monitoring. There was evidence that a bankfull event has recently occurred. NCDOT will continue to monitor this stream relocation. Date Station Station Station Station Station Inspected Number Number Number Number Number Structure Type Is water piping through or around structure? Head cut or down cut present? Bank or scour erosion present? Other problems noted? NOTE: Attach separate narrative sheets to each monitoring report describing/discussing the overall monitoring results. Include the identification of specific problem areas/channel failures, estimated cause and proposed/required remedial action. This should include a brief discussion of any parameter that has changed significantly from as-built. S ite 8B ,. :? ?? wile ?, ?? ? ??:?!;? '?: i `???< i•, ' f; ??` ? t a - 7.4 t. Photo 3 F r r ,1 . f i 77 a 7 ti 4 x. v Photo 5 4th Quarter - March 2007 Photo 1 Photo 2 f !l x J ? ?.}Y..i F ' 5 Photo 4 rA 47,11 ys r , M ' ? i ?1ic (• /? t C r1 W. Photo 6 } 1. ? .. p? 4 Channel Mitigation Monitoring Sheets I, II, III, AND IV Monitoring Data Record 141dy 000;7 Project Title: R-2547C (Site 8B) COE Action ID: 2002-2-0819 Stream Name: UT to Marks Creek DWQ Numbers: 01169 City, County and other Location Information: Date Construction Completed: November 2004 Monitoring Quarter: ( 5) of 8 Ecoregion: 8 digit HUC unit: 03020201 USGS Quad Name and Coordinates: Rosgen Classification: Length of Project: 249' Urban or Rural: Rural Watershed Size: Monitoring DATA collected by: M. Green & J. Young Date: 5/31/07 Applicant Information: Name: NCDOT Roadside Environmental Unit Address: 1425 Rock Quarry Rd. Raleigh, NC 27610 Telephone Number: (919) 861-3772 Email address: ml rg eengdot.state.nc.us Consultant Information: Name: Address: Telephone Number: Email address: Project Status: Complete Monitoring Level required by COE and DWQ (404 permit/ 401 Cert.): Level 2 - Monitoring Level 1 requires completion of Section 1, Section 2 and Section 3 Permit States: 'The permittee will visually monitor the vegetative plantings on all mitigation streambanks to access and insure complete stabilization of the mitigation stream segments. This monitoring will include adequate visual monitoring of planted vegetation for a minimum of two years after final planting, and appropriate remedial actions (e.g., replanting, streambank grading, ect.). If within any monitoring year, bank stabilization is not acceptable as determined by the Corps of Engineers, and remedial action required by the Corps of Engineers is performed, the two year monitoring of the affected portions of the stream will begin again. Section 1. PHOTO REFERENCE SITES Total number of reference photo locations at this site: 3 photo point locations - 2 photos at each location Dates reference photos have been taken at this site: 4/18/06, 8/4/06,11/15/06, 3/14/07, 5/31/07 Individual from whom additional photos can be obtained (name, address, phone): Other Information relative to site photo reference: If required to complete Level 3 monitoring only stop here; otherwise, Section 2. PLANT SURVIVAL Attach plan sheet indicating reference photos. Identify specific problem areas (missing, stressed, damaged or dead plantings): Estimated causes, and proposed/required remedial action: ADDITIONAL COMMENTS: Live stakes and bareroot seedlings noted on the streambank and in the floodplain consisted of black willow, baldcypress, green ash, swamp chestnut oak, overcup oak, sweet um, sycamore, and tulip poplar. Other vegetation noted consisted of Juncus sp., cattail, briars, lespedeza, fennel, woolgrass, and various grasses. If required to complete Level 1 and Level 2 monitoring only stop here; otherwise, complete section 3. M 4 Section 3. CHANNEL STABILITY Visual Inspection: The entire stream project as well as each in-stream structure and bank stabilization/revetment structure must be evaluated and problems addressed. Report on the visual inspection of channel stability. Physical measurements of channel stability/morphology will not be required. Include a discussion of any deviations from as-built and an evaluation of the significance of these deviations and whether they are indicative of a stabilizing or destabilizing situation. The stream is stable for the 5th quarter of monitoring. NCDOT will continue to monitor this stream relocation. Date Station Station Station Station Station Inspected Number Number Number Number Number Structure Type Is water piping through or around, structure? Head cut or down cut resent? Bank or scour erosion present? Other problems noted? NOTE: Attach separate narrative sheets to each monitoring report describing/discussing the overall monitoring results. Include the identification of specific problem areas/channel failures, estimated cause and proposed/required remedial action. This should include a brief discussion of any parameter that has changed significantly from as-built. A All Site 8B D b `?/ Ate, 1 t • A Photo 2 (Downstream) ?..-- n? Ir . ?, 1 . SSA i y T Photo 4 (Downstream) Photo ] (Upstream) Photo 6 (Downstream) Photo 3 (Upstream) Photo 5 (Upstream) 5th Quarter - May 2007 ANNUAL REPORT FOR 2007 Mingo Creek Bridge Crossing Wake County C'IF' No. R-2641 WQC Project No. 011689 Prepared By: Natural Environment Unit & Roadside Environmental Unit North Carolina Department of Transportation June 2007 I TABLE OF CONTENTS SUMMARY .....................................................................................................................1 1.0 Introduction ...........................................................................................................2 .1 Project Description ..................................................................................2 .2 Purpose ............................................................................................:.......2 .3 Project History ..........................................................................................2 2.0 Vegetation: ............................................................................................................ 3 .1 Success Criteria .......................................................................................3 .2 Description of Species .............................................................................3 .3 Results of Vegetation Monitoring ..........................................................3 .4 Conclusions ..............................................................................................3 3.0 Overall Conclusions and Recommendations ..................................................3 rIi I . - -- Figure 1 - Site Location Map ......... ................................................................................4 APPENDICES Appendix A - Site Photos SUMMARY Mingo Creek Bridge Crossing (R-2641) is located on the East Wake Expressway (1-540) in Wake County. The site is being monitored due to temporary fill being placed in wetlands and protected riparian buffers. The restoration effort involved the removal of the temporary fill in wetlands and protected riparian buffers and revegetating these areas with a list of species approved by NCDWQ. No hydrologic monitoring is required for this project. After the first year of monitoring, Mingo Creek Bridge Crossing shows by visual observation that the wetlands and riparian buffers have revegetated. NCDOT proposes to discontinue vegetation monitoring. 1.0 INTRODUCTION 1.1 Project Description Mingo Creek Bridge Crossing (R-2641) is located on the East Wake Expressway (1-540) in Wake County (Figure 1). 1.2 Purpose In order for a mitigation site to be considered successful, a site must meet vegetation success criteria. This report details the vegetation monitoring in 2007 at Mingo Creek Bridge Crossing. Hydrologic monitoring was not required for this site. 1.3 - Project History June 2007 I Year 1 Monitoring 2 2.0 VEGETATION: MINGO CREEK BRIDGE CROSSING (YEAR 1 MONITORING) 2.1 Success Criteria Success Criteria states that the areas where the temporary fill was placed must be inspected on an annual basis for 5 years or until NCDWQ waives the requirement in writing. 2.2 Description of Species Quercus michauxii, Swamp Chestnut Oak Fraxinus pennsylvanica, Green Ash Quercus lyrata, Overcup Oak Juncus effusus, Common Rush 2.3 Results of Vegetation Monitoring The wetlands and riparian buffers where temporary fill was placed have revegetated. Site Notes: The planted species were surviving within the riparian buffer zones. Some of the vegetation noted in the wetlands and riparian buffer includes! red maple, fern, Juncus sp., pokewood, fennel, sedge, swe tau n, tu,:p pop u , sycamore, and various grasses. 2.4 Conclusions By visual observation the Mingo Creek Bridge Crossing shows that the wetlands and riparian buffers have revegetated. 3.0 OVERALL CONCLUSIONS AND RECOMMENDATIONS NCDOT proposes to discontinue vegetation monitoring at the Mingo Creek Bridge Crossing. 3 ? r b { f r ? ))l ? ? ? t 1 t /K 4 # _ t VICINITY ?,,IAP k f` t ' nLPlnR'TVF r i i7F H13WO41S r WE ='O V i I _ 4 APPENDIX A SITE PHOTOS Mingo Creek Bridge Photo 3 June 2007 Photo 2 Photo 4 Mr. J.M. Mills, P.E. April 22, 2005 DWQ# 05-0632 Page 4 DWQProjectNo.: County: IV, N-\-a Applicant: ?, I < ? !-f(? Project Name: Date of Issuance of 401 Water Quality Certification: Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1621 Mail Service Center, Raleigh, NC, 27699-1621.. This form may be returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's rtification I, hereby state that, to the best of my abilities, due care and diligence was used in the o servation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: 47-? , Date: Agent's C fcati I, n , hereby state that, to the best of my abilities, due care and diligence was used in the se ation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: Engineer's Certification Partial Final I, . , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project,for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature Registration No. Date D [9 0 WIN AUr, 0 9 2007 WETLANDS AN S7oRMWATE BRANCH Mr. J.M. Mills, P.E. April 18, 2005 DWQ# 05-0608 Page 4 DWQ Project No.: 005-009 Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: County: 6CA; 470,(d Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1621 Mail Service Center, Raleigh, NC, 27699-1621. This form may be returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, / 4 -,kc &1f , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: ?or-Z/d7 Agent's C Urtifica I , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: Engineer's Certification Partial Final I, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project,for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature Registration No Date mg @P0wpm p AUG 0 9 2007 xti ,i - wAi Lk 4LIuxu TY WETLAND' AND STORMWATER BRANCH Mr. J.M. Mills, P.E. March 16, 2005 DWQ# 05-0442 Page 4 DWQ Project No.: County: AA Y a LA C Applicant: A ; Proj ect Name: S Date of Issuance of 401 Water Quality Certification: 20 v Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 40l/Wetlands Unit, North Carolina Division of Water Quality, 1621 Mail Service Center, Raleigh, NC, 27699-1621. This form may be returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification 1, MA ,V?,P- Ali. ? t S ' , hereby state that, to the best of my abilities, due care and diligence was used m the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: Z ?? Agent's Certi ication hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: Engineer's Certification Partial Final as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project,for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature Date Registration No. ° V1-? tU AUG 0 9 2007 WETLANDS AND STORNy gTER gRANCH JL1124 O DWQ Project No.: 3478 County: Davidson Applicant: NC Department of Transportation Project Name: NC loq FRom Oom.YU or- =-?3s BL)s -ro iJaca-n4 of 5?- i75& Date of Issuance of 401 Water Quality Certification: 9-24 -2oO4 Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, KE4-r SoYER , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: 'S. ? • /5v,?_ Date: Agent's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Engineer's Certification Partial Final Date: I, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project,for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature Registration No. Date t` u xr: r ?p0?1 01Ogds C ?a?e ?n C? Areal coverage of SAV's, as determined from this survey, is presented below. There was an increase in SAV's in site 2 at ramp DB/" L" Line and ramp DC from the 1994 survey... However, there was a significant decrease in SAV's at site 3 (Trent River). At the time of the survey there was considerable construction activity associated with the Freedom Memorial Bridge over the Trent River, which included construction barges along the northwest shoreline of the river. Overall, there was a 0.2 ha (0.47 ac) decrease in SAV's from the August 1994 survey, which was largely the result of the placement of construction barges and not the result of sedimentation or other physical Site 1: Lawson Creek 100 per cent coverage of coontail Site 2: West Shoreline of Neuse River Ramp DB/"L" Line (2A-2L) Ramp DC (2M-2Q) Ramp DA (2R-2V) Ramp CD/ Loop BA (2A'-2E') Site 3: Freedom Memorial Bridge over Trent River Southeast Shoreline (3A-3D) Northwest Shoreline (3E-3H) Site 4: Scotts Creek No SAV present, only heavy densities of filamentous algae present Site 5: East Shoreline of Neuse River (5A=5G) TOTAL 0.14 ha (0.35 ac) 0.08 ha (0.20 ac) 0.09 ha (0.22 ac) 0.16 ha (0.40 ac) 0.26 ha (0.64 ac) 0.08 ha (0.20 ac) 0.01 ha (0.02 ac) 0.0 0.0 0.82 ha (2.02 ac) Please contact me if you have any questions or need additional information (ext. 305). cc: Hal Bain, Environmental Supervisor Kelly Beissel, Environmental Specialist File: B-2531 DWQ Project No: 011433 MWO NO. original # 9603192 Applicant: NCDOT County: Onslow s Jr m - CD "mod o x Project Name: U-2107 Jacksonville Bypass on US 17 from US 258/NC24 to US 17 Southwest of Jacksonville Date of Issuance of 401 Water Quality Certification: ARM 28, IM Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules and any subsequent modifications, the applicant is required to return this certificate to the 401 Transportation Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification 1, H. Men Pope , hereby state that to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification And )Buffer Rules the approved plans and specifications, and other supporting materials. Signature: Date: a Agent's Certification I, Mason Herndon hereby state that to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: % .. ?, Date: !K Z :Z Engineer's Certification Partial Final I, as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permitee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was. observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Registration No. Date: a F W ATFRQ Michael F. Easley, Governor William G. Ross Jr., Secretary C, North Carolina Department of Environment and Natural Resources Cl) Alan W. Klimek, P.E. Director D `C DWQ Project No.: QW(o 02 County: Fran k (i A Applicant: ',1'-(41 QoN!I +?1'; AZ 07- Pit( S Project Name: (SR 17/S l7eaw iq I,4ariee Date of Issuance of 401 Water Ouality Certifiratinn- Ogl2Xlv'l Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1621 Mail Service Center, Raleigh, NC, 27699-1621. This form may be returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send ccrtificatcs from all of these. Applicant's Certification I, .7, Al &14Mah , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: 7/1007 Agent's Certification 11 , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Engineer's Certification Date: Partial Final as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project,for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401" Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature Date Registration No. /f1A A?,?'ti? t; i'l ??? 9 to N. C. Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 (919) 733-1786 Customer Service: 1 800 623-7748 t v O 0 CD -b 3 o m a CD O E fi 0 + co (D 7T 'I m m o + 7 Z GiU02 I I '. ? I I I I 2 ' i 1 I a00 ' i I I 'UOZ I I ' o a I I X 4 ' °ii 1 N 1 + 0 t e W I 1 j CL I - I i 00 I Ek- ,?,, ?A I m I \ 14 I?i 1: 1 0 1 % i ?p o I i • 0. i I 1 ' i auoZ 1 1 , • 1 1 1 a?01 i I I I I • i Z 8?U0Z I I ' ? I 1 i I 1 2. • I I a` • I ° 1 G I I ' i I E I i 1 d I ; ' 1 + I m m; 1 - CD o 1 x 0 7 ; N m N 0 O m 1i 3 0 O a m O O N + 7 o m ? m 7 + 7 mX; o (D X m 'V _ O O 7 (n Cl) [ m 0. °0v CD ° Ia O co 7 T ° 0 4a a? Ile ew4_AIIe? C r• STATE OF NORTH CAROLINA ? ?00j DEPARTMENT OF DZANSPORTATI(V Aiv,) ?.arER MICHAEL F. EASLEY DIVISION OF HIGHWAYS LYNDO i%IT GOVERNOR SECRETARY July 26, 2007 WBS Element: 33466.3.1 (B-4111) Contract No. C201547 F. A. Number: BRZ-1135 (6) County: Edgecombe Description: Bridge over Cokey Swamp and Approaches on SR 1135 MEMORANDUM TO: Ellis C. Powell, Jr., PE State Construction Engineer FROM: Wendi O. Johnson, PE Division Construction Engin SUBJECT: Approved Preconstruction Conference & Permit Meeting Minutes We are transmitting an approved copy of the minutes covering the Preconstruction Conference for the above project, which was held on June 27, 2007. The minutes were approved by the Contractor, Sanford Contractors, Inc., as recorded. Attachment c: Ron Lucas (FHWA) Gary Jordan (US Fish & Wildlife) Rob Ridings (NCDENR, Division of Water Quality) Brian Wrenn (NCDENR, Division of Water Quality) John Holley (NCDENR, Land Quality Section) Travis Wilson (NCWRC) David Cox (NCWRC) Ron Sechler (National Marine Fisheries) William Wescott (US Army Corps of Engineers) Ernie James (Edgecombe-Martin EMC) Joan Waruszcak (Embarq) Post Office Box 3165, Wilson; North Carolina 27895-3165 T elephone (252) 237-6164 Fax (252) 234-6I 74 Ellis C. Powell, Jr., PE July 26, 2007 Page 2 ec:. Cecil Jones, PE Donald Pearson, El, CPESC Robert Simpson Andy Brown, PE Bobby Lewis, PE Michael Robinson, PE Andy Pridgen Ron Hancock, PE Lloyd Johnston, Jr. Eddie Bunn, PE Keith Honeycutt, PE, PLS Charles W. Brown, PE, PLS Kevin Lacy, PE Victor Barbour, PE Don G. Lee Jimmy Marler Jamie Guerrero Warren Walker, PE Haywood Daughtry, PE Doug Allison Barry Whitaker Steve McKee, PE Chris Kreider, PE David R. Henderson, PE Queen Crittendon Greg Dixon Ronnie Keeter, PE Wade Harper Kenny Baines PRECONSTRUCTION CONFERENCE AND PERMIT MEETING WBS Element: 33466.3.1 (B-4111) Federal Aid No.: BRZ-1135 (6) Contract No.: C201547 County: Edgecombe Description: Bridge over Cokey Swamp and Approaches on SR 1135 The Preconstruction Conference for the above project was held in the Wilson Division Office Conference Room on June 27, 2007, with the following persons in attendance: NAME Andy Pridgen Steve Davis Walter Spivey Kenny Baines Jimmy Long Rick Poythress Jimmy Deal Eddie Bunn Randall Gattis Lloyd Johnston Chris Brown Kenny Brady Mark Perkins Shannon Douglas Greg Dixon Joan Waruszcak NCDOT - QA Lab NCDOT - Nashville Construction NCDOT - Roadside Environmental NCDOT - Materials and Tests NCDOT - Nashville Construction NCDOT - Location and Surveys NCDOT - Nashville Construction NCDOT - Nashville Construction Sanford Contractors, Inc. NCDOT - Division Four Right of Way Sanford Contractors, Inc. Sanford Contractors, Inc. Sanford Contractors, Inc. Barnhill Contracting Co. NCDOT - Office of Civil Rights Embarq Wendi Johnson, Division Construction Engineer, presided over the conference. She asked everyone present to introduce themselves and their company affiliation. The Contractor submitted his letter naming persons authorized to sign Supplemental Agreements. Kenny Brady will act as Project Superintendent for the Contractor. Steve Davis will act as Project Inspector and Traffic Control Coordinator for the Division of Highways. The Contractor advised that they plan to begin work July 5, 2007. Primary emphasis will be on water line installation and clearing and grubbing. He should give the Resident Engineer 30 days notice if this date should change. The Contractor was advised that he would not be allowed to begin work until the contract has been received. Preconstruction Conference Minutes B-4111 Page 2 The Contractor submitted his progress schedule. He was advised that it would be checked, and he would be advised if satisfactory. By copy of these minutes, we are advising the Contractor that his progress schedule has been checked and is approved as submitted. RIGHT OF WAY Lloyd Johnston covered this portion of the contract. All of the right of way necessary for this project has been acquired. Copies of the Right of Way Agreements for this project were given to the Resident Engineer. These agreements cover all of the right of way and easements necessary for this project that were acquired by negotiation. There are no 200 Series Items on this project. There is no known asbestos contamination, underground storage tanks, or any known soil contamination within the right of way of the project. The Contractor is advised not to exceed the right of way or easement areas during construction without written permission from the property owner. UTILITY CONFLICTS Edgecombe-Martin EMC (Distribution) - They are in the process of replacing an overhead line. This work should be completed prior to July 5. Embarq (Telephone) - All work is complete. Eddie Bunn advised that he should have verbal approval from the Utilities Unit by the end of the week on the utility construction for this project. LOCATION Rick Poythress advised that the survey work for this project was done in 2003. The Control Data Sheets were done in 2005, right of way staked in October 2005, and verification was done in June 2007. All right of way points are in except for one. At one location, a nail was put in a tree root. Any questions should be directed to Eddie Bunn. ASPHALT PAVEMENTS Andy Pridgen, Division QA Supervisor, asked the Contractor if he had any questions of the Special Provisions outlined on pages 28 thru 31. Mr. Pridgen advised that the Special Provisions in this contract are dated 07/18/06 (Rev. 9/19/06). The Contractor will be allowed to run 20% rap. Preconstruction Conference Minutes B-4111 Page 3 The Contractor advised that Barnhill would perform paving on this project. A certified QMS Roadway Contractor's Representative will be required to be on the project during paving. Density testing may be required for wedging (depending on the depth). Line Item 17, Asphalt Plant Mix, Pavement Repair, shall be done in accordance with Section 654 of the Standard Specifications. The Contractor's attention was called to the New Source Rap Gradation and Binder Tolerances shown on page 30 of the proposal. DISADVANTAGED BUSINESS ENTERPRISE Greg Dixon covered this portion of the proposal. It is the policy of the North Carolina Department of Transportation that Disadvantaged Business Enterprises (DBEs) as defined in 49 CFR Part 26 shall have the opportunity to participate in the performance of contracts financed in whole or in part by federal funds in order to create a level playing field on which DBEs can compete fairly. The Contractor, subcontractor and sub-recipient shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of federally assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the Department deems necessary. The Contractor's EEO Officer and Minority Liaison Officer is Brent Sloane. The Contractor shall exercise all necessary and reasonable steps to insure that Disadvantaged Business Enterprises participate in at least 5% of the contract. The contract was awarded with 5.1% participation with a Good Faith Effort. The Resident Engineer furnished the Contractor with required posters for his bulletin board. The Contractor's EEO Policy Statement is to be posted on the project's bulletin board, which should be weatherproof, along with the following posters: 1. Davis-Bacon Minimum Prevailing Wage Rate Schedule 2.: Wage-Rate Information - F/A Project, Form PR-1495 3. Notice Relating to False Statements, Form PR-1022 4. EEO Poster - Discrimination is Prohibited The Contractor is urged to document, in writing, all actions taken in complying with Equal Opportunity of Employment Provisions, Training Provision, and Minority Business Enterprise Provision. This includes applicant referrals, meetings with employees, on-site inspections, wage evaluations, etc. All subcontractors and suppliers are responsible for meeting the same requirements as the prime contractor, and it is the prime contractor's responsibility to oversee that both are in compliance. Preconstruction Conference Minutes B-4111 Page 4 All alleged discriminatory violations should be brought to the attention of the Resident Engineer The State and/or FHWA will conduct a Contract Compliance Review sometime during the life of this contract. Therefore, fair employment practice should be maintained at all times. Reporting Disadvantaged Business Enterprise Participation -When payments are made to Disadvantaged . Business Enterprise firms, including material suppliers, contractors at all levels shall provide the Engineer with an accounting of said payments. This accounting shall be furnished to the Engineer for any given month by the end of the following month. The Contractor shall report the accounting of payments through the Department's DBE Payment Tracking System, which is a web based application. The System can be accessed through the following web link: - https://apps.dot.state.nc.us/Vendor/Pa-*-mentTracking/. The Contractor shall also provide the Engineer an affidavit attesting the accuracy of the information submitted in the Payment Tracking System. This, too, shall be submitted for any given month by the end of the following month. Submission of Records -Federal Aid Projects - This project is not located on the National Highway System; therefore, federal form FHWA-47 is not required. Also, payrolls are not required on this project.. The Contractor, was reminded that he must have documentation any time a DBE is replaced. PROJECT SPECIAL PROVISIONS GENERAL This proposal is based on the 2006 Specifications. Contract Time and Liquidated Damages - The date of availability for this contract is July 2, 2007. The completion date for this contract is December 31, 2007. The liquidated damages for this contract are $200.00 per calendar day. Intermediate Contract Time Number I and Liquidated Damages - The date of availability for this Intermediate Contract Time is July 2, 2007. The completion date for this Intermediate Contract Time is November 15, 2007. The liquidated damages for this Intermediate Contract Time are $500.00 per calendar day. Twelve Month Guarantee - The Contractor shall guarantee materials and workmanship against latent and patent defects arising from faulty materials, faulty workmanship or negligence for a period of 12 months following the date of final acceptance of the work for maintenance and shall replace such defective materials and workmanship without cost to the Department. Preconstruction Conference Minutes B-4111 Page 5 To insure uniform application statewide, the Division Engineer will forward details regarding the circumstances surrounding any proposed guaranteed repairs to the Chief Engineer for review and approval prior to the work being performed. Erosion & Sediment Control/Storm Water Certification - Contractor shall provide a Certified Supervisor, Certified Foreman and Certified Installer on this project. Contractor will notify the Engineer of changes in certified personnel over the life of the contract within two days of change. Procedure for Monitoring Borrow Pit Discharge - Water discharge from borrow pit sites shall not cause surface waters to exceed 50 NTUs in streams not designated as trout waters and 10 NTUs in streams, lakes or reservoirs designated as trout waters. For lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTUs. If the turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. During the Environmental Assessment required by Article 230-4 of the Standard Specifications, the Contractor shall define the point at which the discharge enters the State's surface waters and the appropriate sampling locations. The discharge shall be closely monitored when water from the dewatering activities is introduced into jurisdictional wetlands. No activities shall occur in wetlands that adversely affect the functioning of a wetland. Visible sedimentation will be considered an indication of possible adverse impacts on wetland use. Contractor advised that he would be using a commercial pit. PROJECT SPECIAL PROVISIONS ROADWAY Clearing and Grubbing - Perform clearing on this project to the limits established by Method II shown on Standard No. 200.02 of the Roadway Standard Drawings. Clearing is only allowed to the slope stake line, not 10 feet beyond. Shoulder and Fill Slope Material - Required shoulder and slope construction for this project shall be performed in accordance with the requirements of Section 226 of the Standard Specifications except as follows: Construct the top 6" (150mm) of shoulder and fill slopes with soils capable of supporting vegetation. Provide soil with P.I. greater than 6 and less than 25 and with a pH ranging from 5.5 to 6.8. Remove stones and other foreign material 2" (50mm) or larger in diameter. All soil is subject to testing and acceptance or rejection by the Engineer. Material shall be obtained from within the project limits or an approved borrow source. Note to Contractor - Aerate and dry any unclassified excavation material containing moisture content in excess of what is required to achieve embankment stability and specified density. Preconstruction Conference Minutes B-4111 Page 6 EROSION CONTROL Environmentally Sensitive Areas - This project is located in an Environmentally Sensitive Area. This designation requires special procedures to be used for clearing and grubbing, temporary stream crossings and grading operations within the Environmentally Sensitive Areas identified on the plans and as designated by the Engineer. This also requires special procedures to be used for seeding and mulching and stage seeding within the project. The Environmentally Sensitive Area shall be defined as a 50-foot buffer zone on both sides of the stream or depression, measured from top of stream bank or center of depression. Clearing and Grubbing - In areas identified as Environmentally Sensitive Areas, the Contractor may perform clearing operations but not grubbing operations until immediately prior to beginning grading operations as described in Article 200-1 of the Standard Specifications. Only clearing operations (not grubbing) shall be allowed in this buffer zone until immediately prior to beginning grading operations. Erosion control devices shall be installed immediately following the clearing operation. Grading - Once grading operations begin in identified Environmentally Sensitive Areas, work shall progress in a continuous manner until complete. All construction within these areas shall progress in a continuous manner such that each phase is complete and areas are permanently stabilized prior to beginning of next phase. Failure on the part of the Contractor to complete any phase of construction in a continuous manner in Environmentally Sensitive Areas will be just cause for the Engineer to direct the suspension of work in accordance with Article 108-7 of the Standard Specifications. Minimize Removal of Vegetation - The Contractor shall minimize removal of vegetation at stream banks and disturbed areas within the project limits as directed. Only grub where absolutely necessary. Waste and Borrow Sources - Contractor will use a commercial pit. Safety Fence - The Safety Fence shall be installed prior to any land disturbing activities. Coir Fiber Baffle - Contractor was advised not to widen the basin with Coir Fiber Baffle. He should not change the number of baffles. Be very careful with the bottom elevation of the basin. On a slope, the basin needs to be flat on the bottom, so that the baffles can perform the job for which they were designed. Floating Turbidity Curtain - The floating turbidity curtain shall be constructed at locations as directed. The Contractor shall maintain the floating turbidity curtain in a satisfactory condition until its removal is !requested by the Engineer. The turbidity curtain should be in when driving piles. STRUCTURES Kenny Baines stated that Materials and Tests will be monitoring all materials and concrete on this project, and a Quality Control Technician should be at the work site whenever a concrete operation is going on. The Contractor advised that DPD Concrete of Rocky Mount would supply concrete. Preconstruction Conference Minutes B-4111 Page 7 Restrikes are set up for this job. Either a PDA Consultant or the NCDOT Geotechnical Engineering Unit, as directed by the Engineer, shall perform PDA testing and analysis. The Engineer will determine the number of piles and which piles to be tested with the PDA, based upon the subsurface conditions and the pile installation sequence and progress. If DOT elects not to do the PDA testing, the Contractor would like to know a week in advance. Submittal of Working Drawings - Submit working drawings in accordance with Article 105-2 of the Standard Specifications and the requirements of this Special Provision. Make submittals that are not specifically noted in this Special Provision directly to the Resident Engineer. Have the drawings and design calculations prepared, signed and sealed by a NC Registered Professional Engineer. These submittal requirements apply to all false work and form systems covered by this Special Provision. Contractor was advised to get his submittals in as soon as possible. Crane Safety - Prime contractors, sub-contractors and fully-operated rental companies shall comply with the current Occupational Safety and Health Administration regulations (OSHA). Changes in personnel or equipment must be reported to the Engineer prior to continuing with crane operations. Pile Driving Analyzer - The Contractor shall submit the proposed pile driving methods and equipment in accordance with the Submittal of Working Drawings Special Provision and the Standard Specifications. The Engineer will respond with preliminary approval or rejection of the proposed pile driving methods and equipment within 10 calendar days. Unless the contract calls for LRFD, it is not necessary. PERMITS Mrs. Johnson advised that the US Army Corps of Engineers and NCDENR have issued a permit for this project. The Resident Engineer has given the Contractor a set of drawings showing areas to be impacted. The Contractor shall comply with all applicable permit conditions during construction of this project. Agents of the permitting authority will periodically inspect the project for adherence to the permits. Should the Contractor propose to utilize construction methods (such as temporary structures or fill in waters and/or wetlands for haul roads, work platforms, cofferdams, etc.) not specifically identified in the permit (individual, general or nationwide) authorizing the project, it shall be the Contractor's responsibility to coordinate with the Engineer to determine what, if any, additional permit action is required. The Contractor shall also be responsible for initiating the request for the authorization of such construction method by the permitting agency. The request shall be submitted through the Engineer. The Contractor shall not utilize the construction method until it is approved by the permitting agency. The request normally takes approximately 60 days to process; however, no extensions of time or additional compensation will be granted for delays resulting from the Contractor's request for approval of construction methods not specifically identified in the permit. Preconstruction Conference Minutes B-4111 Page 8 Where construction moratoriums are contained in a permit condition which restricts the Contractor's activities to certain times of the year, those moratoriums will apply only to the portions of the work taking place in the waters or wetlands, provided that activities outside those areas are done in such a manner as to not affect the waters or wetlands. If concrete is used during construction, a dry work area should be maintained to prevent direct contact between curing concrete and stream water. During construction of the project, no staging of equipment of any kind is permitted in waters of the U. S. or protected riparian buffers. Heavy equipment shall be operated from the banks rather than in the stream channel in order to minimize sedimentation and reduce the introduction of other pollutants into the stream. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids or other toxic materials. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1. A copy of this Water Quality Certification shall be posted on the construction site at all times. The outside buffer, wetlands or water boundary located within the construction corridor approved by this authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this certification. All storm water runoff shall be directed as sheet flow through stream buffers at nonerosive velocities, unless otherwise approved by this certification. Strict adherence to the most recent version of NCDOT's Best Management Practices for Bridge Demolition and Removal, approved by the U. S. Army Corps of Engineers, is a condition of the 401 Water Quality Certification. Bridge deck drains should not discharge directly into the stream All standard procedures will be implemented to avoid or minimize environmental impacts. - A meeting will be held on site prior to beginning of construction to talk about the safety fence, where the Contractor is allowed to work, etc. Subcontractor's employees who will actually be doing the clearing and grubbing need to be at the meeting if at all possible. Preconstruction Conference Minutes B-4111 Page 9 Everyone working on the project should read the conditions of the permit and become familiar with them. A copy of the permit should be on the job site at all times. The Contractor stated that there are water lines to be moved that will be crossing the guardrail in three different places. These need to be identified so that the Contractor will be able to avoid them in the future. The water line is buried six or seven feet in this area. Contractor stated that his company would like to do something to honor a young girl who was killed at the bridge site. A decision will be made on this at a later date. The Resident Engineer and the Contractor will hold monthly construction meetings. There were no further questions and/or comments and the meeting was adjourned. SANFORD CONTRACTORS, INC. Z0, 2007 4 -1 2'L'--- S T. ECG , ts1DvvT DATE APPROVED NAME AND TITLE STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY DMSION OF HIGHWAYS GOVERNOR July 26, 2007 WBS Element: 33466.3.1 (B-4111) Contract No. C201547 F. A. Number: BRZ-1135 (6) County: Edgecombe Description: Bridge over Cokey Swamp and Approaches on SR 1135 MEMORANDUM TO: Ellis C. Powell, Jr., PE State Construction Engineer FROM: Wendi O. Johnson, PE Division Construction Engine -'' a ?V ? L 3 2007 LYNDO TIPPETT SECRETARY SUBJECT: Approved Preconstruction Conference & Permit Meeting Minutes We are transmitting an approved copy of the minutes covering the Preconstruction Conference for the above project, which was held on June 27, 2007. The minutes were approved by the Contractor, Sanford Contractors, Inc., as recorded. Attachment c: Ron Lucas (FHWA) Gary Jordan (US Fish & Wildlife) Rob Ridings (NCDENR, Division of Water Quality) Brian Wrenn (NCDENR, Division of Water Quality) John Holley (NCDENR, Land Quality Section) Travis Wilson (NCWRC) David Cox (NCWRC) Ron Sechler (National Marine Fisheries) William Wescott (US Army Corps of Engineers) Ernie James (Edgecombe-Martin EMC) Joan Waruszcak (Embarq) Post Office Box 3165, Wilson; North Carolina 27895-3165 Telephone (252) 2-3377-6164 Fax (252) 234-6174 Ellis C. Powell, Jr., PE July 26, 2007 Page 2 ec: Cecil Jones, PE Donald Pearson, EI, CPESC Robert Simpson Andy Brown, PE Bobby Lewis, PE Michael Robinson, PE Andy Pridgen Ron Hancock, PE Lloyd Johnston, Jr. Eddie Bunn, PE Keith Honeycutt, PE, PLS Charles W. Brown, PE, PLS Kevin Lacy, PE Victor Barbour, PE Don G. Lee Jimmy Marler Jamie Guerrero Warren Walker, PE Haywood Daughtry, PE Doug Allison Barry Whitaker Steve McKee, PE Chris Kreider, PE David R. Henderson, PE Queen Crittendon Greg Dixon Ronnie Keeter, PE Wade Harper Kenny Baines +A, PRECONSTRUCTION CONFERENCE AND PERMIT MEETING WBS Element: 33466.3.1 (B-4111) Federal Aid No .: BRZ-1135 (6) Contract No.: C201547 County: Edgecombe Description: Bridge over Cokey Swamp and Approaches on SR 1135 The Preconstruction Conference for the above project was held in the Wilson Division Office Conference Room on June 27, 2007, with the following persons in attendance: NAME Andy Pridgen NCDOT - QA Lab Steve Davis NCDOT - Nashville Construction Walter Spivey NCDOT -Roadside Environmental Kenny Baines NCDOT - Materials and Tests Jimmy Long NCDOT - Nashville Construction Rick Poythress NCDOT - Location and Surveys Jimmy Deal NCDOT - Nashville Construction Eddie Bunn NCDOT - Nashville Construction Randall Gattis Sanford Contractors, Inc. Lloyd Johnston NCDOT - Division Four Right of Way Chris Brown Sanford Contractors, Inc. Kenny Brady Sanford Contractors, Inc. Mark Perkins Sanford Contractors, Inc. Shannon Douglas Barnhill Contracting Co. Greg Dixon NCDOT - Office of Civil Rights Joan Waruszcak Embarq Wendi Johnson, Division Construction Engineer, presided over the conference. She asked everyone present to introduce themselves and their company affiliation. The Contractor submitted his letter naming persons authorized to sign Supplemental Agreements. Kenny Brady will act as Project Superintendent for the Contractor. Steve Davis will act as Project Inspector and Traffic Control Coordinator for the Division of Highways. The Contractor advised that they plan to begin work July 5, 2007. Primary emphasis will be on water line installation and clearing and grubbing. He should give the Resident Engineer 30 days notice if this date should change. The Contractor was advised that he would not be allowed to begin work until the contract has been received. Preconstruction Conference Minutes B-4111 Page 2 The Contractor submitted his progress schedule. He was advised that it would be checked, and he would be advised if satisfactory. By copy of these minutes, we are advising the Contractor that his progress schedule has been checked and is approved as submitted. RIGHT OF WAY Lloyd Johnston covered this portion of the contract. All of the right of way necessary for this project has been acquired. Copies of the Right of Way Agreements for this project were given to the Resident Engineer. These agreements cover all of the right of way and easements necessary for this project that were acquired by negotiation. There are no 200 Series Items on this project. There is no known asbestos contamination, underground storage tanks, or any known soil contamination within the right of way of the project. The Contractor is advised not to exceed the right of way or easement areas during construction without written permission from the property owner. UTILITY CONFLICTS Edgecombe-Martin EMC (Distribution) - They are in the process of replacing an overhead fine. This work should be completed prior to July 5. Embarq (Telephone) - All work is complete. Eddie Bunn advised that he should have verbal approval from the Utilities Unit by the end of the week on the utility construction for this project. LOCATION Rick Poythress advised that the survey work for this project was done in 2003. The Control Data Sheets were done in 2005, right of way staked in October 2005, and verification was done in June 2007. All right of way points are in except for one. At one location, a nail was put in a tree root. Any questions should be directed to Eddie Bunn. ASPHALT PAVEMENTS Andy Pridgen, Division QA Supervisor, asked the Contractor if he had any questions of the Special Provisions outlined on pages 28 thru 31. Mr. Pridgen advised that the Special Provisions in this contract are dated 07/18/06 (Rev. 9/19/06). The Contractor will be allowed to run 20% rap. Preconstruction Conference Minutes B-4111 Page 3 The Contractor advised that Barnhill would perform paving on this project. A certified QMS Roadway Contractor's Representative will be required to be on the project during paving. Density testing may be required for wedging (depending on the depth). Line Item 17, Asphalt Plant Mix, Pavement Repair, shall be done in accordance with Section 654 of the Standard Specifications. The Contractor's attention was called to the New Source Rap Gradation and Binder Tolerances shown on page 30 of the proposal. DISADVANTAGED BUSINESS ENTERPRISE Greg Dixon covered this portion of the proposal. It is the policy of the North Carolina Department of Transportation that Disadvantaged Business Enterprises (DBEs) as defined in 49 CFR Part 26 shall have the opportunity to participate in the performance of contracts financed in whole or in part by federal funds in order to create a level playing field on which DBEs can compete fairly. The Contractor, subcontractor and sub-recipient shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of federally assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the Department deems necessary. The Contractor's EEO Officer and Minority Liaison Officer is Brent Sloane. The Contractor shall exercise all necessary and reasonable steps to insure that Disadvantaged Business _ Enterprises participate in at least 5% of the contract. The contract was awarded with 5.1% participation with a Good Faith Effort. The Resident Engineer furnished the Contractor with required posters for his bulletin board. The Contractor's EEO Policy Statement is to be posted on the project's bulletin board, which should be weatherproof, along with the following posters: 1. Davis-Bacon Minimum Prevailing Wage Rate Schedule 2. ' Wage-Rate Information - F/A Project, Form PR-1495 3. Notice Relating to False Statements, Form PR-1022 4.. EEO Poster - Discrimination is Prohibited The Contractor is urged to document, in writing, all actions taken in complying with Equal Opportunity of Employment Provisions, Training Provision, and Minority Business Enterprise Provision. This includes applicant referrals, meetings with employees, on-site inspections, wage evaluations, etc. All subcontractors and suppliers are responsible for meeting the same requirements as the prime contractor, and it is the prime contractor's responsibility to oversee that both are in compliance. Preconstruction Conference Minutes B-4111 Page 4 All alleged discriminatory violations should be brought to the attention of the Resident Engineer. The State and/or FHWA will conduct a Contract Compliance Review sometime during the life of this contract. Therefore, fair employment practice should be maintained at all times. Reporting Disadvantaged Business Enterprise Participation - When payments are made to Disadvantaged Business Enterprise firms, including material suppliers, contractors at all levels shall provide the Engineer with an accounting of said payments. This accounting shall be furnished to the Engineer for any given month by the end of the following month. The Contractor shall report the accounting of payments through the Department's DBE Payment Tracking System, which is a web based application. The System can be accessed through the following web link: https://,ipps.dot.state.nc.tis/Vendor/Pa,,-mentTrackin /. The Contractor shall also provide the Engineer an affidavit attesting the accuracy of the information submitted in the Payment Tracking System. This, too, shall be submitted for any given month by the end of the following month. Submission of Records -Federal Aid Projects- This project is not located on the National Highway System; therefore, federal form FHWA-47 is not required. Also, payrolls are not required on this project. The Contractor was reminded that he must have documentation any time a DBE is replaced. PROJECT SPECIAL PROVISIONS GENERAL This proposal is based on the 2006 Specifications. Contract Time and Liquidated Damages - The date of availability for this contract is July 2, 2007. The completion date for this contract is December 31, 2007. The liquidated damages for this contract are $200.00 per calendar day. Intermediate Contract Time Number 1 and Liquidated Damages - The date of availability for this Intermediate Contract Time is July 2, 2007. The completion date for this Intermediate Contract Time is November 15, 2007. The liquidated damages for this Intermediate Contract Time are $500.00 per calendar day. Twelve Month Guarantee - The Contractor shall guarantee materials and workmanship against latent and patent defects arising from faulty materials, faulty workmanship or negligence for a period of 12 months following the date of final acceptance of the work for maintenance and shall replace such defective materials and workmanship without cost to the Department. Preconstruction Conference Minutes B-4111 Page 5 To insure uniform application statewide, the Division Engineer will forward details regarding the circumstances surrounding any proposed guaranteed repairs to the Chief Engineer for review and approval prior to the work being performed. Erosion & Sediment Control/Storm Water Certification - Contractor shall provide a Certified Supervisor, Certified Foreman and Certified Installer on this project. Contractor will notify the Engineer of changes in certified personnel over the life of the contract within two days of change. Procedure for Monitoring Borrow Pit Discharge - Water discharge from borrow pit sites shall not cause surface waters to exceed 50 NTUs in streams not designated as trout waters and 10 NTUs in streams, lakes or reservoirs designated as trout waters. For lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTUs. If the turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. During the Environmental Assessment required by Article 230-4 of the Standard Specifications, the Contractor shall define the point at which the discharge enters the State's surface waters and the appropriate sampling locations. The discharge shall be closely monitored when water from the dewatering activities is introduced into jurisdictional wetlands. No activities shall occur in wetlands that adversely affect the functioning of a wetland. Visible sedimentation will be considered an indication of possible adverse impacts on wetland use. Contractor advised that he would be using a commercial pit. PROJECT SPECIAL PROVISIONS ROADWAY Clearing and Grubbing - Perform clearing on this project to the limits established by Method II shown on Standard No. 200.02 of the Roadway Standard Drawings. Clearing is only allowed to the slope stake line, not 10 feet beyond. Shoulder and Fill Slope Material - Required shoulder and slope construction for this project shall be performed in accordance with the requirements of Section 226 of the Standard Specifications except as follows: Construct the top 6" (150mm) of shoulder and fill slopes with soils capable of supporting vegetation. Provide soil with P.I. greater than 6 and less than 25 and with a pH ranging from 5.5 to 6.8. Remove stones and other foreign material 2" (50mm) or larger in diameter. All soil is subject to testing and acceptance or rejection by the Engineer. Material shall be obtained from within the project limits or an approved borrow source. Note to Contractor - Aerate and dry any unclassified excavation material containing moisture content in excess of what is required to achieve embankment stability and specified density. Preconstruction Conference Minutes B-4111 Page 6 EROSION CONTROL Environmentally Sensitive Areas - This project is located in an Environmentally Sensitive Area. This designation requires special procedures to be used for clearing and grubbing, temporary stream crossings and grading operations within the Environmentally Sensitive Areas identified on the plans and as designated by the Engineer. This also requires special procedures to be used for seeding and mulching and stage seeding within the project. The Environmentally Sensitive Area shall be defined as a 50-foot buffer zone on both sides of the stream or depression, measured from top of stream bank or center of depression. Clearing and Grubbing - In areas identified as Environmentally Sensitive Areas, the Contractor may perform clearing operations but not grubbing operations until immediately prior to beginning grading operations as described in Article 200-1 of the Standard Specifications. Only clearing operations (not grubbing) shall be allowed in this buffer zone until immediately prior to beginning grading operations. Erosion control devices shall be installed immediately following the clearing operation. Grading - Once grading operations begin in identified Environmentally Sensitive Areas, work shall progress in a continuous manner until complete. All construction within these areas shall progress in a continuous manner such that each phase is complete and areas are permanently stabilized prior to beginning of next phase. Failure on the part of the Contractor to complete any phase of construction in a continuous manner in Environmentally Sensitive Areas will be just cause for the Engineer to direct the suspension of work in accordance with Article 108-7 of the Standard Specifications. Minimize Removal of Vegetation - The Contractor shall minimize removal of vegetation at stream banks and disturbed areas within the project limits as directed. Only grub where absolutely necessary. Waste and Borrow Sources - Contractor will use a commercial pit. Safety Fence - The Safety Fence shall be installed prior to any land disturbing activities. Coir Fiber Baffle - Contractor was advised not to widen the basin with Coir Fiber Baffle. He should not change the number of baffles. Be very careful with the bottom elevation of the basin. On a slope, the basin needs to be flat on the bottom, so that the baffles can perform the job for which they were designed. Floating Turbidity Curtain - The floating turbidity curtain shall be constructed at locations as directed. The Contractor shall maintain the floating turbidity curtain in a satisfactory condition until its removal is requested by the Engineer. The turbidity curtain should be in when driving piles. STRUCTURES Kenny Baines stated that Materials and Tests will be monitoring all materials and concrete on this project, and a Quality Control Technician should be at the work site whenever a concrete operation is going on. The Contractor advised that DPD Concrete of Rocky Mount would supply concrete. Preconstruction Conference Minutes B-4111 Page 7 Restrikes are setup for this job. Either a PDA Consultant or the NCDOT Geotechnical Engineering Unit, as directed by the Engineer, shall perform PDA testing and analysis. The Engineer will determine the number of piles and which piles to be tested with the PDA, based upon the subsurface conditions and the pile installation sequence and progress. If DOT elects not to do the PDA testing, the Contractor would like to know a week in advance. Submittal of Working Drawings - Submit working drawings in accordance with Article 105-2 of the Standard Specifications and the requirements of this Special Provision. Make submittals that are not specifically noted in this Special Provision directly to the Resident Engineer. Have the drawings and design calculations prepared, signed and sealed by a NC Registered Professional Engineer. These submittal requirements apply to all false work and form systems covered by this Special Provision. Contractor was advised to get his submittals in as soon as possible. Crane Safety - Prime contractors, sub-contractors and fully-operated rental companies shall comply with the current Occupational Safety and Health Administration regulations (OSHA). Changes in personnel or equipment must be reported to the Engineer prior to continuing with crane operations. Pile Driving Analyzer - The Contractor shall submit the proposed pile driving methods and equipment in accordance with the Submittal of Working Drawings Special Provision and the Standard Specifications. The Engineer will respond with preliminary approval or rejection of the proposed pile driving methods and equipment within 10 calendar days. Unless the contract calls for LRFD, it is not necessary. PERMITS Mrs. Johnson advised that the US Army Corps of Engineers and NCDENR have issued a permit for this project. The Resident Engineer has given the Contractor a set of drawings showing areas to be impacted The Contractor shall comply with all applicable permit conditions during construction of this project. Agents of the permitting authority will periodically inspect the project for adherence to the permits. Should the Contractor propose to utilize construction methods (such as temporary structures or fill in waters and/or wetlands for haul roads, work platforms, cofferdams, etc.) not specifically identified in the permit (individual, general or nationwide) authorizing the project, it shall be the Contractor's responsibility to coordinate with the Engineer to determine what, if any, additional permit action is required. The Contractor shall also be responsible for initiating the request for the authorization of such construction method by the permitting agency. The request shall be submitted through the Engineer. The Contractor shall not utilize the construction method until it is approved by the permitting agency. The request normally takes approximately 60 days to process; however, no extensions of time or additional compensation will be granted for delays resulting from the Contractor's request for approval of construction methods not specifically identified in the permit. Preconstruction Conference Minutes B-4111 Page 8 Where construction moratoriums are contained in a permit condition which restricts the Contractor's activities to certain times of the year, those moratoriums will apply only to the portions of the work taking place in the waters or wetlands, provided that activities outside those areas are done in such a manner as to not affect the waters or wetlands. If concrete is used during construction, a dry work area should be maintained to prevent direct contact between curing concrete and stream water. During construction of the project, no staging of equipment of any kind is permitted in waters of the U. S. or protected riparian buffers. Heavy equipment shall be operated from the banks rather than in the stream channel in order to minimize sedimentation and reduce the introduction of other pollutants into the stream. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids or other toxic materials. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1. A copy of this Water Quality Certification shall be posted on the construction site at all times. The outside buffer, wetlands or water boundary located within the construction corridor approved by this authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this certification. All storm water runoff shall be directed as sheet flow through stream buffers at nonerosive velocities, unless otherwise approved by this certification. Strict adherence to the most recent version of NCDOT's Best Management Practices for Bridge Demolition and Removal, approved by the U. S. Army Corps of Engineers, is a condition of the 401 Water Quality Certification. Bridge deck drains should not discharge directly into the stream. All standard procedures will be implemented to avoid or minimize environmental impacts. A meeting will be held on site prior to beginning of construction to talk about the safety fence, where the Contractor is allowed to work, etc. Subcontractor's employees who will actually be doing the clearing and grubbing need to be at the meeting if at all possible. Preconstruction Conference Minutes B-4111 Page 9 Everyone working on the project should read the conditions of the permit and become familiar with them. A copy of the permit should be on the job site at all times. The Contractor stated that there are water lines to be moved that will be crossing the guardrail in three different places. These need to be identified so that the Contractor will be able to avoid them in the future. The water line is buried six or seven feet in this area. Contractor stated that his company would like to do something to honor a young girl who was killed at the bridge site. A decision will be made on this at a later date. The Resident Engineer and the Contractor will hold monthly construction meetings. There were no further questions and/or comments and the meeting was adjourned. log zo, zoo-1 DATE APPROVED SANFORD CONTRACTORS, INC. '?- k x- ECG itsib&4-r NAME AND TITLE ?CF \ NA T?9P ?O G Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality July 20, 2007 Dr. Greg Thorpe, Ph.D., Manager Planning and Environmental Branch North Carolina Department of Transportation 1548 Mail Service Center Raleigh, North Carolina, 27699-1548 Subject: Seventh Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with ADDITIONAL CONDITIONS for NC 16 from North of SR 1386 in Lincoln County to North of SR 1895 in Catawba County, Federal Aid Project No. STP-F-24-1(34), State Project No. 8.1830501, TIP R-2206C, DWQ Project No. 04-1024 Dear Dr. Thorpe: Attached hereto is a modification of Certification No. 3476 issued to The North Carolina Department of Transportation (NCDOT) and dated September 21, 2004. This modification is applicable only to the additional proposed activities. All authorized activities and conditions of the certification associated with the original Water Quality Certification, dated September 21, 2004, and additional modifications dated September 2, 2005, October 17, 2005, August 31, 2006, September 13, 2006, and December 18, 2006 l--apply except where superce ect bythis ication. i If we can be of further assistance, please do not hesitate to contact Polly Lespinasse at (704) 663- 1699. Sincerely, Attachments for Coleen H. Sullins Director cc: Steve Lund, US Army Corps of Engineers Asheville Field Office Trish Simon, Division 12 Environmental Officer Marla Chambers, NC Wildlife Resources Commission Marella Buncick, US Fish and Wildlife Service Sonia Gregory, DWQ Central Regional Office File Copy s 00/'7 Q 6,2 No??hCarolina <-? - atura!!y North Carolina Division of Water Quality 610 East Center Avenue, Suite 301 Phone (704) 663-1699 Internet: h2o.enr.state.nc.us Mooresville, NC 28115 Fax (704) 663-6040 An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper Modification to the 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with ADDITIONAL CONDITIONS THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92- 500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ) Regulations in 15 NCAC 2H .0500. This certification authorizes the NCDOT to impact 6.307 acres of jurisdictional wetlands, 4.47 acres of surface waters, and 13,772.8 linear feet of jurisdictional streams Lincoln and Catawba Counties. The project shall be constructed pursuant to the modification received July 9, 2007. The authorized impacts are as described below: Stream Impacts in the Catawba River Basin Site - Permanent Fill Temporary "Fill Permanent Fill in Temporary Fill in Total Stream Stream "Impacts in Intermittent in Intermittent Perennial Stream Perennial Stream Impact Requiring Stream (linear Stream (linear ft) (linear ft) (linear ft) - (linear ft) Mitigation ft) linear ft) Original approved impacts at Site 18 377.6 377.6 377.6 Original approved impacts at Site 2B 429.8 429.8 429.8 Original approved impacts at Site 3B 678.5 678.5 678.5 Original approved impacts at Site 4B 834.3 834.3 834.3 Original approved impacts at Site 6B 355.3 355.3 0 Original approved impacts at Site 7B 299.2 299.2 299.2 Original approved impacts at Sit 8B e 382.2 Original approved impacts at Site9B 531.8 531.8 531.8 Original approved impacts at Site 11 B 563.3 563.3 0 Original approved impacts at Site1213 660.7 660.7 660.7 Original approved impacts at Site 13B 1,345.8 1,345.8 1,345.8 Original approved impacts at Site 14B 209.3 209.30 209.3 Additional impacts at Site 14B approved 10/17/05 75 75 75 Original approved impacts at Site 1C 3 Stations 1,685.9 1,685.9 1,685.9 Original approved impacts at Site 2C 2 Stations 464.9 447.8 912.7 447.8 Original approved impacts at Site 3C 145 145 0 Original approved impacts at Site 4C 230.3 230.3 0 Original approved impacts at Site 6C 571.8 571.8 0 Original approved impacts at Site 7C 230 230 0 Original approved impacts at Site 8C 51.5 51.5 0 Original approved impacts at Site 9C 2 Stations 538.4 538.4 538.4 Additional impacts at Site 9C approved 09/02/05 32 32 32 Original approved impacts at Site 10C 303.5 303.5 303.5 Original approved impacts at Site 14C 2 Stations 631.6 631.6 631.6 Original approved impacts at Site 15C 917 917 917 Additional impacts at Site 15C approved 08/31/06 90 90 90 Original approved impacts at Site 16C 334.6 334.6 334.6 f Original approved impacts at Site 17C 2 Stations 100.7 100.7 0 Additional impacts at Permit Site 17C approved 36 12/18/06 Additional impacts at Station 199+30 (Killian Creek Bridge) approved 70 70 70 08/31/06 Additional impacts at Station 256+70 (Reed Creek Bridge) approved 65 65 65 08131/06 Additional impacts between Station 14+80 and 84 15+40 approved 07/20107 Total 2,712.8 10,940 120 13,652.8 10,940 Total Stream Impact for Project: 13,772.8 linear feet Wetland Impacts in the Catawba River Basin Site Fill Fill Excavation Mechanized Hand Area under Total Wetland (ac) (temporary) (ac) Clearing Clearing Bridge Impact (ac) (ac) (ac) (ac) ac Original approved impacts at Site 1 B 0.11 0.11 Original approved impacts at Site 9B 0.19 0.19 Original approved impacts at Site 10B (2 Stations 3.12 3.12 Original approved impacts at Sit 14B 4 e 010 Original approved impacts at Site 3C 0.01 0.01 Original approved impacts at Site 4C 0.01 0.01 Original approved impacts at Site 10C 0.10 0.10 Original approved impacts at Site 11C 0.12 0.12 Original approved impacts at Site 14C (2 Stations) 0.66 0.66 Original approved impacts at Site 15C 1.69 1.69 Original approved impacts at Site 16C 0.10 0.10 Additional impacts at Station 20+00 (near Permit Site 17C) approved 08/31/06 0.09 0.09 Additional impacts at Permit Site 17C approved 12/18/06 0.007 (temporary) 0.007 (temporary) Total 6.30 0.007 6.30 Total Wetland Impacts for Project: 6.307 acres Open Water Impacts in the Catawba River Basin Site Permanent Fill in Open Waters (ac) Temporary Fill in Open Waters (ac) Total Fill in Open Waters (ac) Original approved impacts at Site 10B 3.27 3.27 Original approved impacts at Site 16C 1.2 1.2 Total 4.47 4.47 Total Open Water Impact for Project: 4.47acres The application provides adequate assurance that the discharge of fill material into the waters and wetlands of the Catawba River Basin in conjunction with the proposed development will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application and conditions hereinafter set forth. This approval is only valid for the purpose and design that you submitted in your modified application received July 9, 2007. All the authorized activities and conditions of certification associated with the original Water Quality Certification dated September 21, 2004, and additional modifications dated September 2, 2005, October 17, 2005, August 31, 2006, September 13, 2006, and December 18, 2006, still apply except where superceded by this certification. Should your project change, you are required to notify the DWQ and submit a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all the conditions. If any additional wetland impacts, or stream impacts, for this project (now or in the future) exceed one acre or 150 linear feet, respectively, additional compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you are required to comply with all the conditions listed below. In addition, you should obtain all other federal, state or local permits before proceeding with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This Certification shall expire on the same day as the expiration date of the corresponding Corps of Engineers Permit. Condition(s) of Certification: 1. The proposed modification will result in approA1,1111CILIV1y 84 ,near of feet of previously culverted stream being relocated to a stabilized ditchline and reconnected to the existing stream. Riprap will be used to stabilize the streambed. The riprap must be embedded in the ditchline to the maximum extent practical to allow for an unobstructed stream thalweg. 2. Erosion and sediment control practices must utilize Best Management Practices (BMP) and be in full compliance with all specifications governing the proper design, installation, and operation and maintenance of such BMP in order to protect surface water standards: a. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow pit sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. b. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. c. The reclamation measures and implementation of these measures must be in accordance with the requirements of the Sedimentation Pollution Control Act. 3. Upon completion of the project, the NCDOT shall complete and return the enclosed "Certification of Completion Form" to notify the DWQ when all work included in the 401 Certification has been completed. The responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the Division of Water Quality upon completion of the project. 4. All other conditions written into the previous Water Quality Certification, dated September 2, 2005, October 17, 2005, August 31, 2006, September 13, 2006, and December 18, 2006, for the project still apply. 5. Continuing Compliance. NCDOT shall conduct its activities in a manner so as not to contravene any state water quality standard [including any requirements for compliance with section 303(d) of the Clean Water Act] and any other appropriate requirements of state and federal law. If DWQ determines that such standards or laws are not being met (including the failure to sustain a designated or achieved use) or that state or federal law is being violated, or that further conditions are necessary to assure compliance, DWQ may reevaluate and modify this certification to include conditions appropriate to assure compliance with such standards and requirements in accordance with 15 A NCAC 2H.0507(d). Before codifying the certification, DWQ shall notify NCDOT and the USACE, provide public notice in accordance with 15A NCAC 2H.0503, and provide opportunity for public hearing in accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to NCDOT in writing, shall be provided to the USACE for reference in any permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the project. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 Permit. This Certification shall expire upon the expiration of the 404 Permit. If this Certification is unacceptable to you, have the right to an adjudicatory hearing upon written request within sixty (60) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. If modifications are made to an original Certification, you have the right to an adjudicatory hearing on the modifications upon written request within sixty (60) days following receipt of the Certification. U rd irrdirT . This the 20th day of July 2007 DIVISION OF WATER QUALITY for Coleen H. Sullins Director WQC No. 3476 O?o? W AFFR0G h t9.. A < Michael F. Easley, Governor North Carob Wt6am G. Ross Jr., Secretary na Department of Environment and Natural Resources Alan W. Igirne , P.E. Director Division of Water Quality DwQ Project No: 050?-8? County: J7w? Ak,, Applicant: NCmr Dtv ,s T. W. &o marl PtgJectNatne: :?& wo ?Pa7rc/C /Qoacd _ Date of Usuanre of 401 Water Quality Certlficadom 0311/10-T . Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent mudi fications, the applicant is required to return this certificate to the 401lWedands Unit, North Carolina Division of Water Quality, 1621 Mail Service Center, Raleigh, NC, 27699-1621. This form may be returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Cold' tca&n I, T Gt/, &,//m a,) . P. E. , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such tbat the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: 7 h 4 l a7 ,a gent's Cerrtifcation 1. , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built witbin substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Bn*eees Certfication Date: Partial final 11 , as a duly registered Professional Engineer in the State of North Carolina, having beau authorized to observe (periodically, weekly, full time) the construction of the project, for the Fcm%ittcc hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the constmetion was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature Date Registration No. Y JUL 4? .2007 VEij 5; ins _ ' ?Ll4L'tti. Trppporallon Partnlning unit 1 Mal SAMN Contar. Raleigh, North Carorme 27699-1650 29210011 a Boulrnrard. Suite 250, Relaigh, North Carolina 27604 ,ftw GgG.7V'Lg7ce ..•. ....... ...... - --- -- - wAr?94? oliiiw?00104W -c DWQ Project No.: 2Zoiv 1099 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality County: W ,. _e Applicant: N C 170 T D%\/ 5 3. 1n1, so W rota ri Project Name: 52 337It (&!=KA tbec Qd,? iA7efslG75 af! SR 299 / ?aAq /IBC 5$ Date of Issuance of 401 Water.Quality Certification: D7// q/o% Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401 Transportation Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, 'T W 800^ 4 P I , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: 7/)(.)67 Agent's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the. observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: Engineer's Certification Partial Final I, , as a duly registered Professional Engineer in the. State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project,for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the. construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature Registration No. Date r" T J??e^°'F Rte"; n. <4 vrS Jaw. 0) ... ,? VO Transportation Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919-733.6893 / Intemet.• http://h2o.enr.state.nc.us/ncwetlands Applies b1c or T-)kV S "S W. & roman Protect Name: SR 17 2 (G *-O-Sid a Ar Ve Dube of L%umxe of 401 Water Quality Certifcadon: D 512 61a S W. %L - ?G ?y Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek. P.E. Director Division of Water Quality county: ?W.In?.,M` DWQ Pt*ct No: 050 89 1 Ceriffimta of Contpietion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent mudi ficatians, the applicant is required to return this certificate to the 401/Wedands Unit, North Carolina Division of Water Quality, 1621 Mail Service Center, Raleigh, NC, 27699-1621. This form may be returned to DWQ by the applicant, the applicant's authorized ageztr, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Card location 1, T !n/, 8owrn4.) , P. i , hereby state that, to the best of my abilities. due care and diligence was used in the observation of the construction sueb that the construction was observed to be. built within substantial compliance and intent of the 401 Water Quality Certi f cation and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Q . L I Date. 711!,(0 7 Agetws Certification 1, , hereby state that, to the best of my abilities. due care and diligence was used in the observation of the construction such that the construction was observed to be built witb9u substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Engineer's Certification Date: Partial Final 1, , as a duly registered Professional Engineer in the State of North Carolina, having beeu authorized to observe (periodically, weekly, full time) the construction of the project. for the Petmittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature Data Registration No. p? *1., t 5k?a <00 13?R'9n . TtNgftl on Peffwwng unit 1660 Mel S rAw Comer. Aaleigh, North Caroline 27699-16so =1 CW*M 8ot11avard. Suite 251), Nleigh, NOM Carolhta 276o4 PhM 919-Mt766/FAX919-733-6893/intemeth&Lngg.enrstate.nauslnewetlands SrA STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY DIVISION OF HIGHWAYS GOVERNOR August 19, 2004 Contract No.: C200845 WBS Element: 33178.3.2(B-3630) F. A. Project: BRZ-1723(4) County : Caswell Description: Bridge over Lynch Creek & approaches on SR-1723 Subject : Permit Conference Haymes Brothers 440 Hawkins Rd. Chatham, VA 24531 Gentlemen: WETLANDS/ 401 GROUP AUG 2 3 2004 WATER QUALITY SECTION This letter is to advise that in accordance with the permits and the special provisions a Permit Conference for the above referenced project was scheduled for Monday, September 13, 2004, at 10:00 AM on the above referenced Project Site. After our conversation with Mr. John Thomas, U. S. Army Corp. of Engineers we have revised the date to September 8, 2004 at 1:30 PM. If there are any questions please advise. Sincerely, B. L. Norris, Jr., PE Resident Engineer Cc: J. M. Mills, PE B. R. Trivette, Jr., PE L. Puckett V. G. Davis, PE J. A. Parker D. L. Hundley H. L. McDowell Mathew Gant, P. E. (DENR) John Thomas(ACOE) Beth Bames(DWQ) Barry Harrington . Project Inspector(Knowles) File d 3457 dy LYNDO TIPPETT SECRETARY P. O. Box 1318, Reidsville, NC 27323-1318 Telephone No. (336) 634-5635 Fax No. (336) 634-5638 d1k sTAI V STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY DIVISION OF HIGHWAYS LYNDO TIPPETT GOVERNOR SECRETARY August 16, 2004 Contract No.: C200845 WBS Element: 33178.3.2(B-3630) F. A. Project: BRZ-1723(4) County : Caswell Description: Bridge over Lynch Creek & approaches on SR-1723 Subject : Permit Conference Haymes Brothers 440 Hawkins Rd. Chatham, VA 24531 Gentlemen: WETLANDS 1401 GROUP AUG 1 8 2004 WATER QUALITY SECTION This letter is to advise that in accordance with the permits and the special provisions a Permit Conference for the above referenced project has been scheduled for Monday, September 13, 2004, at 10:00 AM on the above referenced Project Site. Sincerely, Cc: J. M. Mills, PE B. R. Trivette, Jr., PE V. G. Davis, PE J. A. Parker D. L. Hundley H. L. McDowell Mathew Gant, P. E. (DENR) John Thomas(ACOE) Beth Barnes(DWQ) Barry Harrington File B. L. Norris, Jr., PE Resident Engineer P. O. Box 1318, Reidsvflle, NC 27323-1318 Telephone No. (336) 634-5635 Fax No. (336) 634-5638 1? . Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality March 28, 2005 Dr. Gregory J. Thorpe, PhD., Manager Planning and Environmental Branch North Carolina Department of Transportation 1548 Mail Service Center Raleigh, North Carolina, 27699-1548 Dear Dr. Thorpe: Re: 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act for the Proposed Widening to NC 67 from SR 1355 to US 601, TIP No. R-3415 Individual WQC No. 3502 Yadkin County Attached hereto is a copy of Certification No. 3502 issued to The North Carolina Department of Transportation dated March 28, 2005. If we can be of further assistance, do not hesitate to contact us. Attachments Sincerely, '4?4 Alan W. Klimek, P.E. Director cc: John Thomas, Army Corps of Engineers Raleigh Regulatory Field Office Sue Homewood, DWQ Winston-Salem Regional Office Marla Chambers, NC Wildlife Resources Commission Marella Buncick, US Fish and Wildlife Services Central Files File Copy No?rthCarolina Transportation Permitting Unit Naturally 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919-733-6693 / Internet: htto://h2o.enr.state.nc.us/ncwetlands An Equal Opportunity/Affirmative Action Employer-50% Recycled/10% Post Consumer Paper 49 APPROVAL OF 401 Water Quality Certification and Additional Conditions THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92- 500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ) Regulations in 15 NCAC 2H, Section.0500, and 15 NCAC 2B .0259. This certification authorizes the NCDOT to place permanent to place permanent fill material, culverts, and piping in 1,212 linear feet of streams in Yadkin County. The project shall be constructed pursuant to the application and supplemental information dated January 7, 2004 (received January 11, 2005) and March 21, 2005 (received March 21, 2005), respectively, to improve the section of NC 67 from SR 1355 (Messick Road) to US 601 in Yadkin County. The approved design is that submitted in your application and supplemental information dated January 7, 2004 and March 21, 2005, respectively. The authorized impacts are as described below: Table 1. Surface Water imnack for the Yadkin-Pee Dpp River RacSn Stream Mitigation Section Stream Impacts Stream Required (linear Type (linear feet) feet) Site 1 Lineberry Creek 32 Perennial 0 Site 1 UT to Lineberry 325 Perennial 325 Creek Site 2 Williams Creek 28 Perennial 28 Site 3 Williams Creek 254 Perennial 254 Site 3 UT to Williams 74 Perennial 0 Creek Site 4 UT to Williams 60 Perennial 0 Creek Site 5 UT to Williams 38 Perennial 0 Creek Site 6 UT to North 126 Perennial 0 Dee Creek Site 7 UT to North 48 Perennial 0 Dee Creek Site 8 UT to North 49 Perennial 0 Dee Creek Site 9 UT to North 98 Perennial 0 Dee Creek Site 10 UT to North 80 Perennial 0 Dee Creek Total 1,212 607 The application provides adequate assurance that the discharge of fill material into the waters of the Yadkin-Pee Dee River Basin in conjunction with the proposed development will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301, 302, 303, 306, 307 of r PL 92-500 and PL 95-217 if conducted in accordance with the application and conditions hereinafter set forth. This approval is only valid for the purpose and design that you submitted in your application, as described in the Public Notice. Should your project change, you are required to notify the DWQ and submit a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all the conditions. If any additional wetland impacts, or stream impacts, for this project (now or in the future) exceed one acre or 150 linear feet, respectively, additional compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h) (6) and (7). For this approval to remain valid, you are required to comply with all the conditions listed below. In addition, you should obtain all other federal, state or local permits before proceeding with your project including (but not limited to) Sediment and Erosion control, Coastal Stormwater, Non-discharge and Water Supply watershed regulations. This Certification shall expire three years from the date of the cover letter from DWQ or on the same day as the expiration date of the corresponding Corps of Engineers Permit, whichever is sooner. Condition(s) of Certification: Project Specific Conditions of Certification: 1. We understand that you have chosen to perform compensatory mitigation for 607 linear feet of impacts to streams through an in-lieu payment to the North Carolina Ecosystem Enhancement Program (NCEEP). NCEEP has indicated in a letter dated March 16, 2005 that they will assume responsibility for satisfying the federal Clean Water Act compensatory mitigation requirements for the above-referenced project as detailed in the table below. Type of Impact Amount of Impact Streams 6071f 2. Sills shall be installed in all multi-barrel box culverts to maintain low-flow velocities and depths for aquatic life passage. 3. Approximately six (6) months after the installation of a culvert or other structure in waters, streams, and wetlands, the upstream and downstream areas adjacent to the structure shall be inspected for erosional areas, headcutting, perching, etc. Thereafter, visual inspection shall be conducted annually. Any problems found during the inspections should be documented and the appropriate Regional DWQ staff member shall be notified. NCDOT shall consult with the Regional DWQ staff member to determine if a permit modification is needed to repair the problem. General Conditions of Certification: 4. The dimension, pattern and profile of the stream above and below the crossing should not be modified by widening the stream channel or reducing the depth of the stream. Disturbed floodplains and streams should be restored to natural geomorphic conditions. All stream relocation and restoration activities shall comply with the final natural channel design plans approved by the NC Division of Water Quality. It- 5. Construction will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction-related discharge. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to assure compliance with the appropriate turbidity water quality standard. a. The erosion and sediment control measures for the project must equal or exceed the proper design, installation, operation and maintenance outlined in the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. These devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. b. For borrow pit sites, the erosion and sediment control measures must equal or exceed the proper design, installation, operation and maintenance outlined in the most recent version of the North Carolina Surface Mining Manual. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 6. All sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored after the Division of Land Resources has released the project. 7. If an environmental document is required, this Certification is not valid until a FONSI or ROD is issued by the State Clearinghouse. All water quality-related conditions of the FONSI or ROD shall become conditions of this Certification. 8. No live or fresh concrete shall come into contact with waters of the state until the concrete has hardened. 9. There shall be no excavation from or waste disposal into jurisdictional wetlands or waters associated with this permit without appropriate modification of this permit. Should waste or borrow sites be located in wetlands or stream, compensatory mitigation will be required since it is a direct impact from road construction activities. 10. Excavation of the stream crossings should be conducted in the dry. Sandbags, cofferdams, flexible pipe, or other diversion structures should be used to minimize excavation in flowing water. 11. All channel relocations will be constructed in a dry work area, and stabilized before stream flows are diverted. Channel relocations will be completed and stabilized prior to diverting water into the new channel. Whenever possible, channel relocations shall be allowed to stabilize for an entire growing season. Vegetation used for bank stabilization shall be limited to native woody species, and should include establishment of a 30 foot wide wooded and an adjacent 20 foot wide vegetated buffer on both sides of the relocated channel to the maximum extent practical. A transitional phase incorporating coir fiber and seedling establishment is allowable. Also, rip-rap may be allowed if it is necessary to maintain the physical integrity of the stream, but the applicant must provide written justification and any calculations used to determine the extent of rip-rap coverage requested. I 12. Upon completion of the project, the NCDOT shall complete and return the enclosed "Certification of Completion Form" to notify DWQ when all work included in the 401 Certification has been completed. The responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the Division of Water Quality upon completion of the project. 13. Placement of culverts and other structures in waters, streams, and wetlands must be placed below the elevation of the streambed to allow low flow passage of water and aquatic life unless it can be shown to DWQ that providing passage would be impractical. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence that the equilibrium shall be maintained if requested in writing by DWQ. 14. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or protected riparian buffers. 15. All temporary fills in wetlands and surface waters shall be removed upon completion of the project. In addition, the post-construction removal of any temporary bridge structures or fill will need to return the project site to its preconstruction contours and elevations. The revegetation of the impacted areas with appropriate native species will be required. 16. Riparian vegetation must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 17. Heavy equipment should be operated from the bank rather than in the stream channel whenever possible in order to minimize sedimentation and reduce the likelihood of introducing other pollutants into the stream. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials. 18. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 19. Two copies of the final construction drawings shall be furnished to NCDWQ prior to the pre- construction meeting. Written verification shall be provided that the final construction drawings comply with the attached permit drawings contained in the application dated January 7, 2004. 20. The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification. 21. NCDOT, and its authorized agents, shall conduct its activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act) and any other appropriate requirements of State law and Federal law. If DWQ determines that such standards or laws are not being met (including the failure to sustain a designated or achieved use) or that State or federal law is being violated, or that further C conditions are necessary to assure compliance, DWQ may reevaluate and modify this certification to include conditions appropriate to assure compliance with such standards and requirements in accordance with 15A NCAC 2H.0507(d). Before modifying the certification, DWQ shall notify NCDOT and the US Army Corps of Engineers, provide public notice in accordance with 15A NCAC 2H.0503 and provide opportunity for public hearing in accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to NCDOT in writing, shall be provided to the United States Army Corps of Engineers for reference in any permit issued pursuant.to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the project. 22. A copy of this Water Quality Certification shall be posted on the construction site at all times. In addition, the Water Quality Certification (and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on-site project manager. 23. Culverts that are less than 48-inch in diameter should be buried to a depth equal to or greater than 20% of their size to allow for aquatic life passage. Culverts that are 48-inch in diameter or larger should be buried at least 12 inches below the stream bottom to allow natural stream bottom material to become established. in the culvert following installation and to provide aquatic life passage during periods of low flow. These measurements must be based on natural thalweg depths. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404 permit. If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty (60) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. If modifications are made to an original Certification, you have the right to an adjudicatory hearing on the modifications upon written request within sixty (60) days following receipt of the Certification. Unless such demands are made, this Certification shall be final and binding. This the 28th day of March 2005 DIVISION OF WATER QUALITY Alan W. Klimek, P.E. Director WQC No. 3502 Re: Pipe installation project on SR 1917 (Mineral Springs Road) in D... l Subject: Re: Pipe installation project on SR 1917 (Mineral Springs Road) in Durham County From: Rob Ridings <rob.ridings@ncmail.net> Date: Mon, 30 Jul 2007 10:23:23 -0400 To: Chris Murray <cmurray@dot.state.nc.us> Chris, Thanks for the update. This certainly sounds like the best way to handle this situation. -rob Chris Murray wrote: Reference: -NCDOT permit application dated 7/10/06 -DWQ 401 WQC and Buffer Authorization dated 8/7/06 (DWQ No. 20061138) -No Action ID issued by USACE Eric and Rob, We are going to start the pipe replacement project located on SR 1917 (Mineral Springs Road) in Durham County. The permit application noted that burial of the replacement structures will be affected by the large blow hole at the outlet and the presence of a water line at the outlet of the structures. The depth and location of the water line could not be determined at the time of submittal of the permit application. However, the water level is now down at the site and the attached photograph depicts the location of the water line in relation to the outlet of the existing structure. The Department proposes to install the pipes as noted in the permit application. We will place approximately 6 inches of stone on top of the water line and then set the pipes on top of the stone. The stone provides a small amount of cushion between the water line and the bottom of the structure. Note that the water line will affect burial of the invert of the pipe. Proper burial is also affected by the presence of the large blow hole in the area. I just wanted to provide you an update of the existing conditions prior to installation of the replacement structures. Contact me if you need additional information. Chris Murray I I 1 of 2 7/30/2007 10:23 AM Re: Pipe installation project on SR 1917 (Mineral Springs Road) in D... 2 of 2 7/30/2007 10:23 AM Re: Pipe installation on SR 1738 (Burton Road) in Person Co. 05 ( o(q Subject: Re: Pipe installation on SR 1738 (Burton Road) in Person Co. ?(YUV? From: Rob Ridings <rob.ridings@ncmail.net> Date: Fri, 13 Jul 2007 11:43:04 -0400 To: Chris Murray <cmurray@dot.state.nc.us> Chris, That's fine. I'll put this email in the file to serve as DOT notification that bedrock is preventing full pipe burial. -rob Chris Murray wrote: I Reference: NCDENR-DWQ Project No. 051004 USACE ACTION ID: Not Issued for this project Rob and Eric, The Department is currently staging construction equipment associated with the installation of a replacement pipe structure on SR 1738 in Person County. The existing structure is a 72 inch corrugated metal pipe that is 42 feet long. The replacement pipe is a 117 inch x 79 inch corrugated metal pipe arch that is 60 feet long. SR 1738 is a dead end road in southern Person County. The work is slated to commence on monday or tuesday of next week. The entire new structure has to be installed in one day, due to the fact that it is a dead end road. This will allow access for police, ambulance, etc. in case of an emergency. Surficial stream bedrock has been observed in the stream bed within the construction limits of the new structure. I wanted to inform you in advance of our construction that pipe burial will be limited by the presence of the surficial bedrock. The construction unit will try and "work" the bedrock as much as possible with the on-site equipment. However, the invert of the pipe will be set on top of the bedrock. Please let me know if you need additional information concerning this project. Chris Murray 1 of 1 7/13/2007 11:43 AM Re: U-3330 Concurrence that project is Non-Merger 4 Subject: Re: U-3330 Concurrence that project is Non-Merger ` From: Rob Ridings <rob.ridings@ncmail.net> Date: Thu, 12 Jul 2007 13:01:29 -0400 To: "Ted Devens, PE" <tedevens@dot.state.nc.us> CC: william.g.wescot@usace.army.mil, Ron Lucas <Ron.Lucas@fhwa.dot.gov> Ted, I agree. Based on this info, I don't think it needs to go through Merger, provided the other agencies agree. DWQ submitted scoping comments on this project in February, and as long as those are taken into account when applying for permits, we don't anticipate any major issues on this project. Thanks, Rob Ridings Ted Devens, PE wrote: Hi Ron, William, and Rob, Today, I am initiating a merger screening process to seek your email concurrence that project U-3330 in Rocky Mount should be considered a Non-Merger project. Attached are five files: 1. A word document with a project summary. 2. A vicinity map 3. Three files that show the conceptual widening alternatives on top of an aerial. In essence, this is a widening project that involves two components: 1. NCDOT needs to widen the existing four-lane divided roadway to a six-lane facility to improve travel and safety conditions along this heavily traveled commercial corridor. This project is a part of the Strategic Highway Corridor Initiative and is classified as an expressway, which is characterized by high mobility, no traffic signals, and partial access control. 2. NCDOT needs to replace the bridge over Stoney Creek with a longer structure to accommodate increasing floodwaters and provide adequate access underneath the bridge for a greenway. In June 2007, a mussel survey was conducted in Stoney Creek and the Tar spiny mussels and dwarf-wedge mussels were NOT present. Since the project will be in the same location, impacts will be minimized. SHPO does not list any known resources, but we will look further as part of the study. Your response by July 25th would be appreciated. Thanks in advance. My contact info is below should you have any questions. Regards, Ted 1 of 1 7/12/2007 1:01 PM US 301 Bypass Improvements from NC 43/48 (Benvenue Road) to SR 1836 (May Drive) in Rocky Mount, Nash County TIP Project No. U-3330 WBS 36596.1.1.1 SCREENING PROCESS FOR MERGER 01 APPLICABILITY The following information is provided to satisfy the requirements of the Section 4041 Merger 01 Screening Process. (http: //www. ncdot. orgldohlpreconstructlpelMERGEROIIPIDScreening. html) Project Description The North Carolina Department of Transportation (NCDOT) Project Development and Environmental Analysis Branch is continuing project development, environmental, and engineering studies for the proposed US 301 Bypass Improvements from.NC 43/48 (Benvenue Road) to SR 1836 (May Drive) in Rocky Mount, Nash County (Exhibit 1). Exhibit 1 shows the project vicinity and the project study area including streams. Exhibit 2 (sheets 1-3) shows conceptual alternatives for the project. The project is included in the NCDOT 2007-2013 Transportation Improvement Program (TIP) as Project Number U- 3330. The purpose of the proposed improvements to US 301 Bypass is to improve travel and safety conditions along this heavily traveled commercial corridor. The project study area is densely developed with commercial uses. Existing businesses include restaurants, car dealerships, hotels, gas stations, and retail shopping centers. This project is a component of the NC Strategic Highway Corridor Initiative and is designated as an expressway, which is characterized by high mobility, no traffic signals, and partial access control. The proposed improvements would include widening the existing four-lane divided roadway to a six-lane facility by adding one lane each-way to the outside of the existing lanes. NCDOT will also study solutions to congestion by modifying the number and type of median breaks, and their spacing. It is also proposed to replace the bridge over Stoney Creek with a longer structure to accommodate increasing floodwaters and provide adequate access underneath the bridge for a greenway. Design Concerns and Environmental Constraints Streams and Rivers. Three jurisdictional perennial streams (Stoney Creek, Goose Branch and an unnamed man-made water feature) are located within the project limits. - No waterbodies designated as HQW or ORW. - No critical water-supply area or water-supply watersheds. - Stony Creek is listed as a North Carolina §303(d) Impaired Water body in the Tar Pamlico River Basin (2004 Integrated 305(b) and 303(d) Report), and has been listed as being biologically impaired since 1998. Other issues associated with Stony Creek include: replacing the existing bridge with a longer structure to accommodate floodwaters and providing adequate access underneath the bridge for a greenway. - Temporary construction-related impacts are anticipated at the existing crossings of Stoney Creek and Goose Branch from widening the roadway. US 301 Bypass Improvements fi TIP Project No. U-3330 Screening Process for Merger 01 Applicability Page 2 ' Stream relocation impacts are anticipated to the unnamed jurisdictional stream. This stream parallels the US 301 Bypass along the west side for approximately 190 feet until it crosses beneath US 301 Bypass through a culvert and empties into wetlands on the east side of US 301 Bypass. Although man-made, this small perennial stream is considered jurisdictional because of the hydrologic functions and aquatic habitat that have developed since the creation of the channel 10-15 years ago. The tributary is considered perennial (per NCDWQ) because of the number of minnows observed in the channel. The proposed project is subject to the Tar-Pamlico Riparian Buffer rules with the exception of the man-made perennial stream. Since this stream is not shown as a blue- line on USGS mapping and does not appear on soils maps, Tar-Pamlico Riparian Buffer rules do not apply. Wetlands. • There are seven wetlands present within the project study area. These wetlands are riverine with the exception of one wetland, meaning their primary source of hydrology is through overbank flooding of an adjacent stream. One wetland is considered an isolated wetland by USACE because it lacks surface water connection to federal waters. Although this wetland is non- jurisdictional for the USACE, it is subject to the NCDWQ Isolated Wetland rules. A USACE jurisdictional Determination was received in January 2006. Potential impacts to wetlands and riparian buffers can be minimized if the proposed road widening occurs within the existing Right-of-Way and the use of mechanized clearing is limited. Endangered and Threatened Species. • No suitable habitat for federally protected species: red-cockaded woodpecker (Picoides borealis) or bald eagle (Haliaeetus leucocephalusi). No suitable habitat for the federally protected Tar spiny mussel (Elliptio steinstansana) and the dwarf wedge mussel (Alasmidonta heterodon). - No documented occurrences of these species within project study area or vicinity - The USFWS had requested that a mussel survey for the Tar spiny mussel and the dwarf- wedge mussel be conducted in Stony Creek 100 meter upstream and 400 meters downstream of the project limits. - NCDOT staff conducted the mussel survey on June 18, 2007 to assess habitat in the project. The results of the survey concluded that due to the impacts of urbanization the habitat is highly degraded and is not adequate to support either listed mussel species. The biological conclusion was therefore No Effect. Historic Properties. • No structures in the immediate vicinity appear to be over 50 years old. Human Environment Impacts. • Social impacts (i.e., relocations, Environmental Justice, community cohesion, etc.) are unlikely. 0 Primary issue is maintenance of access and traffic flow during construction. I s'k 46 /,/?t-, g • ... -. .. \ ?F ?! It L"ON -i. 1314S 3N17l4jIVN' a MO U _ 43 t 9 Roc Mount Area Legend ' i Study Area Streams US 301 Bypass -.+ ?. TIP No. U-3330 SR 1836 (May Drive) to NC 43148 (Benvenue Road) Nash County, North Carolina Project Location Project Location Map Not To Scale Exhibit 1 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality July 27, 2006 Mr. Bruce R. Thompson, II Parker, Poe, Adams, and Bernstein PO Box 389 Raleigh, NC 27602 Dear Mr. Thompson: The purpose of this letter. is to update the Division's letter dated July 13, 2006 describing the application process for the proposed Wendell Falls Development, as well as the roles, responsibilities, and rights that we believe exist with the Wendell Falls Development, LLC, and the North Carolina Department of Transportation (DOT). Below we have described this information. Understanding of the Facts 1) At present, there are no existing authorizations issued by the Division of Water Quality (DWQ) that permit impacts to waters of the state or protected riparian buffers for this project. However, DOT has performed, or proposes to perform, environmental mitigation related solely to the estimated impacts located within the area of the proposed bridge and interchange. Wendell Falls is responsible for any additional mitigation that may be required because of modifications to the bridge and interchange. 2) Any application for construction by Wendell Falls Development (Wendell Falls) of an interchange to US 64 will be included in the overall application for the Wendell Falls development. The application will include all aspects of the project including the proposed interchange, the proposed new road from the interchange through the development, and all necessary components of the development that are required by applicable state statutes, regulations, rules and policies to be included in DWQ permit applications. DWQ and USACE have agreed that there will be two identification numbers contained on the permit - one for the entire project and one for the bridge and interchange. 3) At present, Wendell Falls has an agreement with DOT (the "DOT Agreement") that authorizes it to design, plan, permit, and construct an interchange on the US 64 Bypass on Right of Way presently owned by DOT. 4) DOT has previously acquired all of the necessary Right of Way ("ROW") for the bridge and interchange as currently proposed. All of the necessary ROW for any modifications to the bridge and interchange and.for the remainder of the project will be acquired by Wendell Falls or DOT prior to the submittal of an application for the 401 Certification. NorthCarolina North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Internet: www.ncwaterqualitv.orQ Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-2496 1-877-623-6748 An Equal OpportunitylAffirmative Action Employer- 50% Recycled/10% Post Consumer Paper Mr. Bruce R. Thompson II July 27, 2006 Page 2 Roles, Responsibilities, and Rights of Wendell Falls 1) Wendell Falls Development will continue to hold preapplication meetings with the DWQ to discuss the project, planning and design prior to submittal of a formal application, which will enable permitting to occur more quickly. 2) Notwithstanding any other provisions of law, DENR shall allow Wendell Falls to be the sole applicant for any necessary permits or certifications relating to the construction of the bridge and interchange as well as the remainder of the project. 3) Wendell Falls shall also possess any and all rights and responsibilities pertaining solely to the construction of the proposed bridge and interchange that have been previously granted by permit or certification to DOT. 4) Without limiting the foregoing, to the extent that Wendell Falls would be required by DWQ or applicable state statutes, rules, regulations or policies to perform mitigation for impacts associated with the construction of the proposed bridge and interchange, Wendell Falls shall be entitled to credit against any such requirement for mitigation that has been or will be performed by DOT with respect to the proposed bridge and interchange (whether specifically for the bridge and interchange or as part of a larger project or group of impacts). 5) Wendell Falls will be responsible for acquiring any remaining necessary environmental permits and authorizations related to the proposed bridge and interchange. For such environmental authorizations issued by the DWQ, Wendell Falls will follow the standard application and construction processes, including: a. applying for authorizations, b. avoiding and minimizing impacts for the project as provided in applicable state statutes, rules, regulations, and policies, c. performing the mitigation required by DWQ for impacts related to the proposed bridge and interchange, to the extent that DOT has not already performed or will perform mitigation, and performing such additional mitigation as may be required by applicable state statutes, rules regulations and policies with respect to new impacts, if any, caused by changes to the project design, if any, and the connecting road. d. constructing the BMPs to protect water quality required in any 401 Water Quality Certification or Neuse River Riparian Buffer Authorization that may be issued by the DWQ, e. Upon satisfactory completion of the interchange construction, notifying DOT, in accordance with the DOT Agreement, of the project completion. Mr. Bruce R. Thompson II July 27, 2006 Page 3 6) Wendell Falls shall be entitled, as part of its application package, to use and rely on any materials submitted by DOT that relate to the proposed bridge and interchange, including without limitation any mitigation proposals, sedimentation and erosion control plans, and any other plans and specifications. Roles, Responsibilities, and Rights for DOT 1) DOT will participate in the environmental permitting process by providing access to materials previously submitted to DWQ and UACAE, performing inspections, and being available to respond to issues that may arise regarding design and environmental mitigation. 2) Upon satisfactory completion of the interchange construction, DOT will be responsible for the operation and maintenance of the facilities implemented to protect water quality or otherwise comply with applicable state statutes, rules, regulations or policies, including without limitation all hydraulic structures, stormwater BMPs, and protected riparian buffers located in the DOT right of way. Wendell Falls will no longer be responsible for such features. 3) In accordance with the DOT Agreement, if Wendell. Falls does not complete construction of the project, DOT will execute on a performance bond. We trust you will find the information will be sufficient to fulfill your needs. However, if you require any additional information or have any questions, please contact me at 919-733-5083 x204. Sincerely, Coleen H. Sullins, Deputy Director cc: Paul Rawls, NCDWQ Tom Reeder, NCDWQ John Hennessy, NCDWQ Cyndi Karoly, NCDWQ Ian McMillian, NCDWQ Len Sanderson, NCDOT Debbie Barbour, NCDOT Greg Thorpe, NCDOT Greg Ferguson, Mercury Development W A ???QG Co r > February 23, 2006 Ms. Donna L. Braun Norfolk Southern Railway Company Three Commercial Place Norfolk, Virginia 23510-9207 Alan W. Klimek, P.E. Director Division of Water Quality 44ff Fr 6 Wy Subject: Docket No AB-290 (Sub-No. 266X) Norfolk Southern Railway Company Abandonment McDowell County Dear Ms. Braun: The Division of Water Quality has reviewed your submittal for abandonment of 3.5 miles of rail line in McDowell County, North Carolina. Review of documents and site visit found that the rail line crossed two (2) unnamed tributaries to Youngs Fork (Corpening Creek), which is classified as Class C waters. The Division of Water Quality would consider both tributaries as State jurisdictional waters. Please refer to the comments below: 1. At one location, wooden bridge supports are located in or adjacent to the stream. When removing these bridge supports, care should be taken to minimize impacts to surface waters. 2. There should be no discharge of bridge material into surface waters. Strict adherence of the Corps of Engineers guidelines for bridge demolition should be followed. 3. Sediment and erosion control measures sufficient to protect water resources must be implemented prior to any ground disturbing activities. 4. Disturbed areas should be stabilized through vegetation or other means as quickly as feasible to prevent sedimentation impacts to water resources. Thank you for this opportunity to comment on this rail line abandonment. If you have any questions or require additional information, please call me at 828-296-4500, Sincerely,, Michael R. Parker Environmental Specialist cc: Transportation Permitting Unit Asheville Regional Office None hCarolina Naturally North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone (828) 296-4500 Customer Service Internet: www.ncwaterquality.org FAX (828) 299-7043 1-877-623-6748 Michael F. Easley, Gobemor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources An Equal Opportunity/Affirmative Action Employer f- V United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 May 30, 2006 Clarence W. Coleman, P.E. Federal Highway Administration 310 New Bern Avenue, Suite 410 Raleigh, North Carolina 27601-1418 Dear Mr. Coleman: ?n y? Z • O ? tF Q z This letter is in response to the Federal Highway Administration's issuance of, in the May 11, 2006 Federal Register, a notice of intent to prepare an environmental impact statement (EIS) for the proposed Cape Fear Skyway from US 17 in Brunswick County to US 421 in the City of Wilmington, New Hanover County, North Carolina. These comments provide information in accordance with provisions of the Fish and Wildlife Coordination Act (16 U.S.C. 661-667d) and section 7 of the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. 1531-1543). It is our understanding that this highway project is being planned by the North Carolina Turnpike Authority (TA) in cooperation with the North Carolina Department of Transportation (NCDOT). Currently, highway projects developed under the authority of NCDOT are carried through the NEPA and Section 404 processes through a combined Merger 01 Process. This Merger 01 Process provides for a predictable and transparent method of coordination with all review agencies for project planning, design and delivery of transportation projects in a timely manner. Since this project is being planned and designed under the authority of the TA, it is unclear whether the Merger 01 process will be utilized. The U.S. Fish and Wildlife Service (Service) strongly recommends that the TA utilize the Merger 01 Process to facilitate the development of the best transportation facility with the least environmental impacts. An important component of the Merger 0l Process is the development of a clear purpose and need statement that is well supported by data. There are currently two bridges over the Cape Fear River in Wilmington, with a third bridge soon to be finished. With three bridges providing movement from east to west, we have yet to see any data supporting the need for a fourth bridge. The environmental impact statement must clearly state and support the purpose and need for the project. The Service is very concerned about the potential environmental impacts of this proposed project. The project study corridor is comprised of large amounts of natural habitat including multiple types of wetlands, streams, upland forest and other habitat types. This project has the potential for very significant impacts to fish and wildlife resources. New location projects in undeveloped land can have large negative effects on fish and wildlife habitat through direct habitat loss and fragmentation of remaining habitat. The effects of habitat fragmentation usually extend well beyond the project footprint and can lead to local extirpation of forest interior species and wildlife species which require large home ranges or that travel extensive distances for all of part of their life history (e.g. black bear (Ursus americanus)). Roads often act as physical barriers to wildlife movement and/or cause significant wildlife mortality in the form of road killed animals. Habitat fragmentation also I facilitates invasive and/or nonnative species colonization of fragmented lands. In addition to the impacts of this project, we are concerned that the construction of a highway corridor through a relatively undeveloped area would lead to secondary development and therefore indirect and cumulative effects. The NCDOT is involved in early efforts with the local Metropolitan Planning Organization and Rural Planning Organization in Brunswick County to develop a Comprehensive Transportation Plan (CTP) for the county. The Service plans to be involved during the development of the CTP with input regarding, among other things, recommendations for avoiding and minimizing impacts to federally threatened and endangered species such as the red-cockaded woodpecker (Picoides borealis). Due to the recent intense development pressure in Brunswick County, the Service is very concerned with the loss and fragmentation of habitat for federally listed species. The EIS should address the development and findings of the CTP for Brunswick County as well as how the proposed Cape Fear Skyway fits within that plan. Section 7(a)(2) of the Endangered Species Act requires that all federal action agencies (or their designated non-federal representatives), in consultation with the Service, insure that any action federally authorized, funded, or carried out by such agencies is not likely to jeopardize the continued existence of any federally-listed threatened or endangered species. A biological assessment/evaluation may be prepared to fulfill the section 7(a)(2) requirement and will expedite the consultation process. To assist you, a county-by-county list of federally protected species known to occur in North Carolina and information on their life histories and habitats can be found on our web page at http://nc-es.fws.gov/es/couniyfr.html . Although the North Carolina Natural Heritage Program (NCNHP) database does not indicate any known occurrences of listed species within the project study area, use of the NCNHP data should not be substituted for actual field surveys since potential habitat for several listed species does occur within and adjacent to the project study area. The NCNHP database only indicates the presence of known occurrences of listed species and does not necessarily mean that such species are not present. Surveys should be conducted in suitable habitat to determine presence or absence of the species. If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely to adversely affect) a listed species, you should notify this office with your determination, the results' of your surveys, survey methodologies, and an analysis of the effects of the action on listed species, including consideration of direct, indirect, and cumulative effects, before conducting any activities that might affect the species. If you determine that the proposed action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on listed species, then you are not required to contact our office for concurrence. We reserve the right to review any federal permits that may be required for this project, at the public notice stage. Therefore, it is important that resource agency coordination occur early in the planning process in order to resolve any conflicts that may arise and minimize delays in project implementation. We recommend that the EIS for this project include the following in sufficient detail to facilitate a thorough review of the action: 1. A clearly defined and detailed purpose and need for the proposed project, supported by tabular data, if available, and including a discussion of the project's independent utility; 2. A description of the proposed action with an analysis of all alternatives being considered; 0 4 3. A description of the fish and wildlife resources, and their habitats, within the project impact area that may be directly or indirectly affected; 4. The extent and acreage of waters of the U.S., including wetlands, that are to be impacted by filling, dredging, clearing, ditching, or draining. Acres of wetland impact should be . differentiated by habitat type based on the wetland classification scheme of the National Wetlands Inventory (NWI). Wetland boundaries should be determined by using the 1987 Corps of Engineers Wetlands Delineation Manual and verified by the U.S. Army Corps of Engineers; 5. The anticipated environmental impacts, both temporary and permanent, that would be likely .to occur as a direct result of the proposed project. The assessment should also include the extent to which the proposed project would result in indirect and cumulative effects to natural resources; 6. Design features and construction techniques which would be employed to avoid or minimize impacts to fish and wildlife resources, both direct and indirect, and including fragmentation and direct loss of habitat; 7. Design features, construction techniques, or any other mitigation measures which would be employed at wetland crossings and stream channel relocations to avoid or minimize impacts to waters of the US; and, 8. If unavoidable wetland or stream impacts are proposed, project planning should include a compensatory mitigation plan for offsetting the unavoidable impacts. . The Service appreciates the opportunity to comment on this project. Please continue to advise us during the progression of the planning process, including your official determination of the impacts of this project. If you have any questions regarding our response, please contact Mr. Gary Jordan at (919) 856-4520, ext. 32. Pete Be>fi, iin Ecological Services Supervisor cc: Dave Timpy, USACE, Wilmington, NC Brian Wrenn, NCDWQ, Raleigh, NC Travis Wilson, NCWRC, Creedmoor, NC Chris Militscher, USEPA, Raleigh, NC Jeff Weller, USFWS, RO, Atlanta, GA Ethel Smith, OEPC, Washington, D.C. Permit Class '7?6Ln `uQ,1?L1?SS NEW STATE OF NORTH CAROLINA Department of Environment and Natural Resources and o % Coastal Resources Commission 2 O Per tntt r C for a X Major Development in an Area of Environmental CongF pursuant to NCGS 113A-118 9 Excavation and/or filling pursuant to NCGS 113-229 Permit Number 215-06 0 ra 1®5u?' J Issued to H.' Coleman Burgess and William Case, 116 Rice Hope Run, Belville, NC 28451 Authorizing development in Brunswick County at the Brunswick River, 120 Rice Hope Run, Belville ; as requested in the permittee's application dated 7/6/06, including; the attached workplan drawings _(6), 1 dated revised 8/11/06 and 5 dated 7/26/06 This permit, issued on December 22,. 2006 , 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 may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Docking Facility 1) Unless specifically altered herein, this permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this expanded docking facility without permit modification. No non-water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification. . 2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharge at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. (See attached sheet 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. All work must cease when the permit expires on Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. Wv??Tharles ones, Director ision of Coastal Management This permit and its conditions are hereby accepted. December 31, 2009 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 H. Coleman Burgess and William Case Permit 9215-06 Page 2 of 2 ADDITIONAL CONDITIONS 3) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 4) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions. of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 5) This permit does not. authorize the interference with any. existing or proposed Federal project, and the permittee shall not be entitled. to compensation for damage :to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 6) The permittee shall install and maintain at his expense any signal lights or. signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 7) This, permit authorizes two new boat slips, resulting in a total of four slips at the authorized facility. General 8) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee shall be required, upon due notice, from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. 9) No vegetated wetlands or open water areas shall be excavated or filled, even temporarily, without permit modification. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non-water dependent activities are not authorized within 30 feet of the normal water level. NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water Quality Certification No. 3400 (DWQ Project No. 061352), which was issued on 8/29/06. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under General Permit No. 197800056 (COE Action Id. No. 200640496), which was issued on 9/25/06. U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID. SAW-2007-776-082 County: Sampson USGS Quad: Garland GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner / Authorized Agent: NC Department of Transportation: Highway Division 3 Address: Attn: Mr. H. Allen Pope, Division Engineer 124 Division Drive Wilmington, North Carolina 28401 Telephone No.: 910-251-5724 Size and location of property (water body, road name/number, town, etc.): The project area (Project No. 3.208211) is located at an existing road crossiniz, NCSR 1200 (Helltown Road), of an unnamed tributary to the South River, west of the Town of Garland, North Carolina. Description of projects area and activity: Excavation of and discharge of fill material into iurisdictional waters for the purpose of replacing an existing (and failing) 24" RCP with a 48" CMP to alleviate safety hazards. Permanent impacts to iurisdictional waters total 2 linear feet of an unnamed tributary. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ? Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number: Nationwide Permit Number: 3 Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action. This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are scheduled to be modified, reissued, or revoked prior to March 18, 2007. It is incumbent upon you to remain informed of changes to the NWPs. We will issue a public notice when the NWPs are reissued. Furthermore, if you commence or are under contract to commence this activity before the date that the relevant nationwide permit is modified or revoked, you will have twelve (12) months from the date of the modification or revocation of the NWP to complete the activity under the present terms and conditions of this nationwide permit. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all new and/or modified terms and conditions. The District Engineer may, at any time, exercise his discretionary authority to modify, suspend, or revoke a case specific activity's authorization under any NWP. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Quality (telephone (919) 733-1786) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Wilmington, NC, at (910) 796-7215. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Jennifer Frye at 910-251-4923. Corps Regulatory Official Date: 03/01/2007 Expiration Date of Verification: 03/18/2007 Page 1 of 8 Determination of Jurisdiction: A. ? Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). B. ? There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. C. ® There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. D. ? The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued . Action ID Basis for Determination The project area includes a waterbody that exhibits perennial flow and an Ordinary High Water Mark as indicated by changes in soil characteristics, absences of terrestrial vegetation, defined bed/bank, and is a tributary to the South River, a Navigable Water of the United States. This determination is based on information submitted by NCDOT Highway Division 3 on 2/23/2007. The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the attached customer Satisfaction Survey or visit hn://www.saw.usace.gM.mil/WETLANDS/index.html to complete the survey online. Copy Furnished: Mr. Ken Averitte, DENR-DWQ, FRO, 225 Green Street, Suite 714, Fayetteville, NC 28301-5043 Mr. Mason Herndon, DOT Division Office, Highway Division 3,124 Division Drive, Wilmington, NC 28401 Mr. John Hennessy, DENR-DWQ, 2321 Crabtree Blvd., Suite 250, Parkview Building, Raleigh, NC 27604 Page 2 of 8 Action ID Number:SAW-2007-776-082 County:Sampson Permittee: NC Department of Transportation: Highway Division 3 Date Permit Issued: 3/1/2007 Project Manager: Jennifer Frye Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT WILMINGTON REGULATORY FIELD OFFICE POST OFFICE BOX 1890 WILMINGTON, NORTH CAROLINA 28402 Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. If you fail to comply with this permit you are subject to permit suspension, modification, or revocation. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date Page 3 of 8 Michael F. Easley, Governor pF W ATFq William G. Ross Jr., Secretary 01 QG North Carolina Department of Environment and Natural Resources C j r Alan W. Klimek, P.E. Director > - Division of Water Quality E DIVISION OF WATER QUALITY October 21, 2003 CERTIFIED MAIL RETURN RECEIPT Morton R. Bergen Registered Agent for Servco Realty Corporation 133 Hillsboro St. Oxford, North Carolina 27565 Subject: Notice of Violation Notice of Enforcement Recommendation NBRRO 03-228 Cn t c'avl Rollingwood Subdivision ?av &;R':3Z_1 Granville County, North Carolina Dear? UV ;t 41'?6n ?"le }} r (s 1?1 L 4/-14Z bte Edwards and Mr. Kenneth Schuster from the Raleigh Regional Offic( c f? ? WQ) revisited a violation within the Rollingwood Subdivision in Grans L.jL. ........_, . _ ubdivision was previously visited on August 22, 2002 and on ')AA) by staff of the DWQ. A Notice of Violation was written on October 22, 2002 for NOV ROUTING SLIP During these site visits, the investigators took respective stream impacts and riparian buffer 1)Type of Violation (pick one): Class C Nutrient Sensitive Waters in the Tar- Illegal discharge -(discharge) Oil spill -(oil spill) Inspection of minor source _(inspectmin) Inspection of major source. (inspectmaj) removed and diverted, including 97 linear feet Pretreatment -(pretreat) e) impacts from fill material was observed and Wetland -(wetland) stream, short circuiting the buffer zone. (Note: Poultry operation (poultry) uffer_Rules)-_ Swine operation -(swine) Dairy/cattle operation (cow) OTHER Vmisc - (name) 2)Will the violation result in a recommendation of enforcement? Y ,?,) _ 3)Is the violation resolved? (Y i, o _ l Q(3 4)Target date for enforcement report?dd,yy) 5)Comments (50 spaces) ? w complete A., i desired. X on the reverse J to you. B. >f the mailpiece, ts. r- 11 VCO REALTY CORP /u/rig /O {,j,?/`?, t? Agent, t c A v / Z? AddressA 6.R?`i ng (i?tatiaUdate) cefved by (Prlnteir A9)" Date '& Nity _ o- 31 3 el er 1?? ? Yes S, enter delivery rasa ? No 3 2003 ? - 3._ Service Type ? Certified Mail ? Express Mail 3.DE ? Registered ? Return Receipt for Merchandise )D SBDV ? Insured Mail - ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 7003 0500 0000 4294 5834 Domestic Return Receipt 102595-02-M-1540 1NN A1.. ? ? r >_ ..{ O '< Michael F. Easley, Governor ?? IU William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality DIVISION OF WATER QUALITY r f`'.C October 21, 2003 CERTIFIED MAIL RETURN RECEIPT REQUESTED Morton R. Bergen Registered Agent for Servco Realty Corporation 133 Hillsboro St. Oxford, North Carolina 27565 Subject: Notice of Violation Notice of Enforcement Recommendation NBRRO 03-228 V46b itf. CQ? Rollingwood Subdivision Granville County, North Carolina `\!G Dear? 0.6 bbie Edwards and Mr. Kenneth Schuster from the Raleigh Regional 4 DWQ) revisited a violation within the Rollingwood Subdivision in Offic( Gram t,L,? ?....--, . subdivision was previously visited on August 22, 2002 and on September 26, 2002 by staff of the DWQ. A Notice of Violation was written on October 22, 2002 for these violations and the violations were never resolved. During these site visits, the investigators took photographs, measurements, and made observations of the respective stream impacts and riparian buffer impacts along an unnamed tributary to Fishing Creek, a Class C Nutrient Sensitive Waters in the Tar- Pamlico River Basin. Approximately, 352 linear feet of stream has been removed and diverted, including 97 linear feet of stream that has been piped. Riparian Zone (stream-side) impacts from fill material was observed and direct stormwater discharge was noted,along the impacted stream, short circuiting the buffer zone. (Note: Diffuse stormwater flow is a requirement in the Riparian Buffer Rules). A DWQ file review confurns that impacts to the stream and riparian zone had occurred prior to the submission of a Pre-Construction Notification (PCN) or any authorization, permit or 401 Water Quality Certification from the DWQ. As a result of the site inspections and file review, the following violations are noted: 1) failure to properly secure a 401 Water Quality Certification; 2) Riparian Buffer Zone violations; and 3) Removal of best usage. Violation 1. 401 Water Quality Certification A DWQ site visit and file review confirmed that approximately 352 linear feet of stream (which includes 97 feet of piped stream) had been removed and diverted prior to the proper securing of a Nationwide Permit from the United States Army Corps of Engineers (USACOE), also the USACOE has not authorized use of a Nationwide Permit for this activity or has notification been provided by the USACOE for this activity. Additionally, the review confirmed that a Pre-construction Notification had not been received by DWQ for this project and a 401 Water Quality Certification had not been issued, nor Raleigh Regional Office 1628 Mail Service Center phone (919) 571-4700 Customer Service Water Quality Section Raleigh, NC 27699-1628 facsimile (919) 571-4718 1-800-623-7748 c .. 441 to ,,, Morton Bergen 10/21/03 N is the activity covered by a General 401 Water Quality Certification. A 401 Water Quality Certification is required for the above-mentioned impacts pursuant to 15A NCAC 2H .0500. Violation 2: Riparian Buffer Rule The Tar-Pamlico R iver B asin is s ubj ect to riparian (streamside) b uffer r ules. The purpose of these Rules is to protect and preserve riparian buffers in the Tar-Pamlico River Basin, such that riparian communities may maintain their nutrient removal functions to waters that are nutrient sensitive. This Rule applies to the 50-foot wide riparian buffers directly adjacent to surface waters (intermittent streams, perennial streams, lakes, ponds, and estuaries). The protected riparian buffer has two zones as follows: (a) Zone 1 [measured from stream bank landward for 30 feet] shall consist of a vegetated area that is undisturbed except for uses provided for in Subparagraph (6) of 15A NCAC 2B .0259 and (b) Zone 2 [the outer 20 feet, landward from the outer 30 foot edge of zone I ] shall consist of stable vegetated area that is undisturbed except for activities and uses provided for in Subparagraphs (4) and (6) of 15A NCAC 2B.0259. A DWQ file review was performed and confirmed that there was not a PCN received for this project. Also, no request, or a DWQ practical alternative determination, variance or authorization had been issued for the impacts to the riparian zone. As a result the following riparian buffer rule violations are noted: Tar-Pamlico River Buffer Rule 15A NCAC 2B.0259 Deposition of fill, grading and excavation has occurred in the riparian zone, a violation of the requirement that Zone I and Zone II consist of stable, vegetated area that is undisturbed except for activities and uses provided for in Item (6) of the Rule. Further, notification was not provided to DWQ prior to the riparian zone impacts and no Variance or Practical Alternative Request was received prior to the Riparian Zone impacts, for the respective excavation and the deposition of fill. Violation 3: Preclusion of Best Usage A DWQ site visit and file review confirmed that approximately 352 linear feet of stream impacts occurred to an unnamed tributary to Fishing Creek. these impacts occurred prior to the proper securing of a Permit from the USACOE and a 401 Water Quality Certification from DWQ. The impacts resulted in the removal of the respective stream bed substrate, and the channel footprint. These impacts have resulted in a stream standard violation. Specifically, 15A NCAC 2B .0211 (2) states that the preclusion of best usage, which include aquatic life propagation, biological integrity, wildlife, and secondary recreation, and agriculture represent a water quality standard violation. This Office requires that violations, as detailed above, be abated immediately. Also please note, these violations and any future violations are subject to civil penalty assessment of up to $25,000.00 per day for each violation. This Office requests that you respond to this letter, in writing, within 20 days of receipt of this Notice. Your response should address the following items: 1 Please explain why these violations have not been resolved. 2 Please explain why no authorization was sought for these impacts. Morton Bergen 10/21/03 3 Please provide a map that exactly details the number of linear feet of stream impacts. This should include information detailing the amount (linear feet) of stream impact and the materials used to back fill the stream. You should also indicate the amount of streamside buffer impacts (area) in your response. 4 If you believe that the impacts to above mentioned stream and riparian zone cannot be resolved, please explain why. This explanation must accompany a Pre-Construction Notification form (attached). This explanation and form are necessary for a DWQ review of an after-the-fact Authorization request for the modified stream and riparian buffer zone impacts. (Note: after review of your response and the respective application it may be determined/required that you secure a variance and/or that restoration/mitigation (stream, riparian zone and stormwater management) may be required to address the unauthorized impacts.) Please submit a Restoration Plan along with the Pre-Construction Notification form to the 401/WetlandsUnit - Central Office (2321 Crabtree Blvd., Parkview Building, Raleigh, NC 27604- 2260) for our review. This Plan must include the final Planting Plan and Physical Monitoring Plan. In this plan you should; 1) provide/create a 2:1 slope for the stream banks (both sides of the stream), 2) the stream bank and the riparian zone is required to be stabilized and planted with woody vegetation, and 3) you should specifically address the location of the riparian area to be restored and how you can insure that future impacts to stream and the riparian zone will not occur. Riparian zone Planting plan - It i s required that a p lanting p Ian b e developed such that, a t 1 east two native tree species b e planted a t a density sufficient to provide 320 trees per acre at maturity. This density can be achieved by planting approximately 436 (10x10 feet spacing) to 681 (8x8 feet spacing) trees per acre. Please see the attached Guidelines for Riparian Buffer Restoration (January 2001) for assistance in developing your plan. Your plan must include the types of native woody vegetation selected, methodology of planting, and site map indicating the location of the plantings. Thank you for your attention to this matter. This Office is considering sending a recommendation for enforcement to the Director of the Division of Water Quality regarding these issues and any future/continued violations that may be encountered. Also, your above-mentioned response to this correspondence will be considered in this process. Should you have any questions regarding these matters, please contact Deborah Edwards or myself at (919) 571-4700. Sincerely, Kennet Schuster WQ Regional Supervisor cc: Central 401/Wetlands Unit- Danny Smith DWQ Non-Discharge Compliance- Linda Forehand US Army Corps of Engineers - Raleigh Field Office Larry P. Thomas, City of Oxford, PO Box 1307, Oxford, NC 27565 NT OF Ty y 4 p yjgRC 16A9 H United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Field Office 160 Zillicoa Street Asheville, North Carolina 28801 February 8, 2006 Dr. Gregory J. Thorpe, Director Project Development and Environmental Analysis Branch North Carolina Department of Transportation 1548 Mail Service Center Raleigh, North Carolina 27699-1548 Dear Dr. Thorpe: ? ? os yp j P® Subject: Conservation Plan for the Broad River Greenway Dwarf-flowered Heartleaf (Hexastylis naniflora) Conservation Area, Cleveland County, North Carolina As requested by the North Carolina Department of Transportation (NCDOT), we have reviewed the subject Conservation Plan (Plan) and are providing the following comments in accordance with the provisions of section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543). We commend the NCDOT for purchasing this important parcel of land for the conservation of the federally threatened dwarf-flowered heartleaf (Hexastylis naniflora) and for working collaboratively with a number of partners, including the U.S. Fish and Wildlife Service, to develop this Plan. After reviewing the Plan, we believe our concerns with earlier draft documents have been addressed and that the measures provided in the Plan should serve to protect this particular site and provide valuable monitoring information about dwarf-flowered heartleaf. One area of ongoing concern is addressed in Section 3.6 of the Plan--"Modification of Land Uses." Given that we have already had one proposal for developing a communications tower site on the conservation area, we would like to stress the importance of strict adherence to this section of the Plan. This area is for the conservation of a federally listed species, and any new uses should be minimally invasive and in keeping with the overall goal of the Plan. We appreciate the opportunity to provide these comments and look forward to hearing from you about the formation of the Advisory Committee described in Section 3.4 of the Plan. If you have questions about these comments, please contact Ms. Marella Buncick of our staff at 1 828/258-3939, Ext. 237. In any future correspondence concerning this project, please reference our Log Number 4-2-02-163. Si cerely, Brian P. Cole Field Supervisor cc: Mr. Dennis Herman, Project Development and Environmental Analysis Branch, Natural Environment Unit, Biological Surveys Group, 1598 Mail Service Center, Raleigh, NC 27699-1598 Ms. Marla J. Chambers, Western NCDOT Permit Coordinator, North Carolina Wildlife Resources Commission, 4614 Wilgrove-Mint Hill Road, Suite M, Charlotte, NC 28227 Mr. Steve Lund, Asheville Regulatory Field Office, U.S. Army Corps of Engineers, 151 Patton Avenue, Room 208, Asheville, NC 28801-5006 Mr. Brian Wrenn, North Carolina Division of Water Quality, Central Office, 2321 Crabtree Blvd., Suite 250, Raleigh, NC 27604 STATE OF NORTH CAROLINA SSE o ?d Imo.. 4 6' -10 DEPARTMENT OF TRANSPORTATION '4 4,0, 4,0, MICHAEL F. EASLEY LYNDo TIPPETT GOVERNOR SECRETARY March 5, 2007 MEMORANDUM TO: Secretary Lyndo Tippett FROM: Kimberly D. Hinton ?. Senior Public Hearing O cer Human Environment Unit RE: Notice of a Public Meeting on Transportation Improvements to the Intersection of US 74 Business and Old Wire Road (SR 1319/1152) Division 8 Project, Scotland County The following Notice is furnished for your information: Division 8 This project proposes to install directional leftovers on US 74 Business at the intersection of Old Wire Road to enhance safety. KDH/cdh Attachment cc: Mr. G. R. Kindley, Board of Transportation Member - Division 8 Mr. Steve Varnedoe,. P.E. Mr. J. B. Williamson, Jr. Ms. Deborah M. Barbour, P.E. Mr. C. W. Leggett, P.E. Mr. Majed Al-Ghandour, P.E. Mr. Bill Rosser Mr. Greg Thorpe Mr. Rob Hanson, P.E. Ms. Teresa Hart, P.E. Mr. Art McMillan, P.E. Mr. Jay Bennett, P.E. Mr. J. Victor Barbour, P.E. Mr. Kevin Lacy, P.E. Ms. Sharon Lipscomb Ms. Tammy Denning MAILING ADDRESS: NC DEPARTMENT OF TRANSPORTATION HUMAN ENVIRONMENT UNIT 1583 MAIL SERVICE CENTER RALEIGH NC 27699-1583 TELEPHONE: 919-715-1500 FAX: 919-715-1522 WEBSITE: WWW.N000T.ORG LOCATION: PARKER LINCOLN BLDG 2728 CAPITAL BLVD RALEIGH NC 1 NOTICE OF A PUBLIC MEETING ON PROPOSED TRANSPORTATION IMPROVEMENTS TO THE INTERSECTION OF US 74 AND OLD WIRE ROAD (SR 1319/1152) Division 8 Project Scotland County The North Carolina Department of Transportation (NCDOT) will hold the above Public Meeting on Tuesday, March 20, 2007 in the Laurel Hill Community Center, 14940 Church Street, Laurel Hill, 28351. NCDOT will host an open house for citizens and local officials from 6:00 to 7:00 p.m. Come talk one on one with the Project Team. Interested individuals may attend at their convenience during the above stated hours. A formal presentation will begin at 7:00 p.m. NCDOT proposes to install directional leftovers on US 74 at the intersection of Old Wire Road (SR 1319/1152) to enhance safety. Motorists. travelling northbound on Old Wire Road will not be able to make left turns onto US 74 or to cross US 74 to continue on Old Wire Road. Motorists will need to turn right onto US 74, then make a U-turn at the median crossover or at the intersection of NC 144 and US 74. Motorists traveling westbound on US 74 will continue to turn left onto Old Wire Road. Representatives from NCDOT will be available to provide information, answer questions, and accept written comments from the public about the proposed project. Additional materials may be submitted until April 4, 2007. For more information or to submit comments, contact Kevin R. Hedrick, PE, at (910) 582-7075, via email at krhedrick(cD-dot.state. nc.us, by fax at (910) 582-7065 or write to: Kevin R. Hedrick, PE District Engineer NCDOT-Division of Highways 219 Clemmer Road Rockingham, NC 28379 NCDOT will provide auxiliary aids and services under the Americans with Disabilities Act for disabled persons who wish to participate in this meeting. Anyone requiring special services should contact Mr. Hedrick as early as possible so that arrangements can be made. A . IN REPLY REFER To: D18 June 18, 2007 NATIONAL PARK SERVICE Great Smoky Mountains National Park 107 Park Headquarters Road Gatlinburg, Tennessee 37738 John Hennessy NC Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 Dear Mr. Hennessy: NATIONAL PARK SERVICE Great Smoky Mountains National Park will be initiating an Environmental Assessment process to analyze alternatives that would provide for improved visitor services at the Oconaluftee area of the Park in Swain County, North Carolina. The purpose of this project is to better meet visitor needs at Oconaluftee and to tell the Park's cultural history by providing expanded facilities. We have a tentative schedule for this project so as to address facility improvements and visitor needs with construction expected to begin by the fall of 2009. This would coincide with the 75th Anniversary of Great Smoky Mountains National Park. The proposed project site is adjacent to the existing Oconaluftee Visitor Center which was constructed between 1937 and 1941. It is considered by the Park to be eligible for listing on the National Register of Historic Places. Currently, the facility serves as one of two gateway visitor centers for the Park and is the only one located in North Carolina, serving approximately 350,000 visitors a year. The current facility was never designed to be a visitor center, and its early functions included a Ranger Station and a Federal Magistrates Court. The current space allocated within the structure for meeting basic visitor service needs is only 1,100 square feet. Functions that are carried out include: parkwide orientation, visitor education, Great Smoky Mountains Association sales, backcountry registration, and restroom accommodations. The proposed building design would provide 7,900 square feet for visitor services that include: restrooms, museum space, information desk, and a sales area. The existing visitor center building would remain for continued administrative use. Entire design and construction costs for the project would be paid for by donations from the Park's cooperating association and friends organization. As part of the environmental assessment, the Park will be conducting archeological investigations on the site during the month of July. A public open house meeting will be held Thursday, July 19, 2007, 6:30 p.m. - 8:00 p.m., at the Oconaluftee Visitor Center, Cherokee North Carolina. The environmental assessment document will be ready for public review and comment during the fall of 2007. United States Department of the Interior TAKE PRIDE'S INAM ERICA 2 Should you have any questions regarding the planning process, feel free to contact Ben Dieterle, Project Manager, at (865) 436-1238. Your continued interest in the programs of the National Park Service is appreciated. Sincerely, r??Dale A. Ditmanson Superintendent