19990187 Ver 1_Complete File_19990303

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
FAA
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NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
March 16, 1999
Johnston County
WQC 401 Project # 990187
APPROVAL of 401 Water Quality Certification
Mr. Bill Gilmore
NC DOT
PO Box 25201
Raleigh, NC 27611-5201
Dear Mr. Gilmore:
You have our approval, in accordance with the attached conditions, for the purpose of a bridge replacement, as you
described in your application dated March 3, 1999. After reviewing your application, we have decided that this fill is
covered by General Water Quality Certification Number 3107. This Certification allows you to use Nationwide Permit
Number 23 when the Corps of Engineers issues it. In addition, you should get any other federal, state or local permits
before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater,
Non-Discharge and Water Supply Watershed regulations. Also this approval will expire when the accompanying 404 or
CAMA permit expires unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application. If you change your
project, you must notify us and send us 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 conditions. If total wetland fills for
this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC
2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must
act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to
Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh,
N.C. 276 1 1-7447. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you
have any questions, please telephone John Domey at 919-733-1786.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Raleigh DWQ Regional Office
Mr. John Dorney
Central Files
Sin ly,
T. tevens
990187.1tr
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd, Raleigh, NC 27507 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
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q091ISSI MENT
RECEIVED
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT JR. P.O. BOX 25201, RALEIGH, N.C. 27611-5201 E. NORRIS TOLSON
GOVERNOR SECRETARY
February 26, 1999
US Army Corps of Engineers
Raleigh Field Office
6508 Falls of the Neuse Road, Suite 120
Raleigh, North Carolina 27615
ATTENTION: Eric Alsmeyer
NCDOT Coordinator
Dear Sir:
-- -----Suhj?ect?Johnson_County?Replac.ement.of_Bridge_No_'-Zover- Hannah -Creek _on--- --
SR 1171, Federal Aid Project No. BRZ-1171 (1), State Project No. 8.2311901.
T.I.P. No. B-2991. Action I.D. 199700181.
y,
The North Carolina Department of Transportation distributed a Categorical Exclusion
document for the above referenced project proposing to proceed under a Nationwide
Permit in accordance with 33 CFR Appendix A (B-23). On August 15, 1997, the Corps
of Engineers verified the issue of a Nationwide 23 permit. This permit will expire on
August 15, 1999. The replacement of Bridge No. 77 over Hannah Creek is not scheduled
to be let to construction until October 1999. Consequently, the Department of
Transportation (DOT) needs to renew authorization for this work.
The Categorical Exclusion (CE) gave a Biological Concl nres for he\
federal endangered dwarf-wedge mussel (Alasmidonta on) ur iil"`i -stre '
surveys could be conducted. Hannah Creek was surveyed'}-or t e p'iesence of mussel
fauna on August 20, 1998 by NCDOT biologist Tim Savidge. No evidence of mussel
fauna was noted. Also, since issuance of the Section 404 Nationwide Permit 23, the US
Fish and Wildlife Service (FWS) has added the Tar spinymussel (Elliptio steinstansana)
to its listing for Johnson County. The DOT has included with this letter a biological
conclusion of "No Effect" for this project in regard to its review of the dwarf-wedge
14"1

4WA
mussel and, by reference, the Tar spinymussel. A copy of this permit reauthorization
request is also being sent to the FWS.
We request that the COE reauthorize this bridge replacement project in Johnson County
under a Section 404 Nationwide Permit 23. Re-issuance of 401 Water Quality
Certification by the Division of Water Quality is also requested.
If you have any questions or need additional information, please call Alice Gordon at
733-7844, ext. 307.
Sincerely,
William D. Gilmore, PE, Manager
Project Development & Environmental Analysis Branch
cc: w/attachment
Mr. David Franklin, Corps of Engineers, Wilmington Field Office
Mr. John Dorney, NCDENR, Division of Water Quality
Mr. Whit Webb, P.E. Program Development Branch
Mr. R. L. Hill, P.E., Highway Design Branch
------- -Mr.--,k7--L-Hankins-P.E:,-HydraulicsUnit---- -
Mr. William J. Rogers, P.E., Structure Design Unit
Mr. Tom Shearin, P.E., Roadway Design Unit
Mr. D. R. Dupree, P.E., Division 4 Engineer
Mr. J. A. Bissett, P.E., P & E Project Planning Engineer
. STATE
?e w yyACc A'
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT JR.
GOVERNOR
MEMORANDUM TO:
FROM:
P.O. BOX 25201. RALEIGH, N.C. 27611-5201
September 04, 1998
J.A. Bissett Jr., P.E., Unit Head
Consultant Unit
Tim W. Savidge, Environmental Biologist
Environmental Unit
E. NORRIS TOLSON
SECRETARY
SUBJECT: Survey for the dwarf-wedge mussel for Proposed
Replacement of Bridge No. 77 on SR 1171 Over Hannah
Creek; Johnston County; State Project No. 8.23 11901, TIP
No. B-2991.
REFERENCE:
Categorical Exclusion for B-2991.

The referenced Categorical Exclusion (CE) gave a Biological Conclusion of
"Unresolved" for the federally Endangered dwarf-wedge mussel (Alasmidonta
heterodon) until "in-stream" surveys could be conducted. Hannah Creek was surveyed
for the presence of mussel fauna on August 20. -1_q9 8 y NCI?Ofib1ofo- gists 1m- avi ge---- - ---"--
The surveys involved snorkeling using visual and tactile methodologies. Water depth
ranged between 2.5 and 6 feet. Visibility was limited; therefore tactile search methods
were predominately used. The substrate of the stream is mostly muck and other fine
" sediments, with occasional gravel areas, which is generally not suitable for the dwarf-
wedge mussel. No evidence of any mussel fauna was noted in the stream.
Biological Conclusion: No Effect
Based on the survey results, it is apparent that mussel fauna is not present in the
project area. It can be concluded that project construction will not impact the dwarf-
wedge mussel.
cc: V. Charles Bruton. Ph.D.. Environmental Unit Head
Hal Bain. Environmental Supervisor
File: B-2991
File: Protected Species Issues
OQ