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HomeMy WebLinkAbout20011594 Ver 1_Complete File_20011031F t A~, o MAY- STATE OF NORTH CAROLINA 2002 DEPARTSNTV? OF TRANSPORTA EC Cecil L. Jones Andy Brown,PE Eddie Bunn, PE Don Smith L. R. Ward, PE David R. Henderson, PE Troy Peoples, PE Don G. Lee W. F. Walker, PE Victor Barbour, PE Bryant Bunn, III, PE Haywood Daughtry, PE A. B. Reid Richard Chrisawn Willie Bryant Aydren Flowers Post Office Box 3165, Wilson, North Carolina 27895-3165 Telephone (252) 237-6164 Fax (252) 234-6174 JAMES B. HUNT JR. DIVISION OF HIGHWAYS GOVERNOR May 3, 2002 State Project: 8.2321501 (B-3495) Contract No. C200353 F. A. Number: BRZ-1435(2) County: Nash Description: Bridge No. 137 over Stoney Creek on SR 1435 MEMORANDUM TO: Steven D. DeWitt, PE State Construction Engineer FROM: Wendi O. Johnson, PE OQ `36 Division Construction Engineer SUBJECT: Approved Preconstruction Conference Minutes We are transmitting an approved copy of the minutes covering the preconstruction conference for the above project, which was held on April 17, 2002. The Contractor, Sanford Contractors, Inc., has approved the minutes as recorded. /t Attachment C John Wadsworth (FHWA) \ Mike Bell (US Army Corps of Engineers) Jean B. Manuele (US Army Corps of Engineers) \John Hennessy (NC DEHNR) John Holley (DEHNR Land Quality Section) David Cox (MCWRC) Ron Sechler (National Marine Fisheries) Dr. Garland Pardue (US Fish & Wildlife) Carolina Power & Light (Bob Campbell) Sprint (Chris Dees) U Steve D. DeWitt, PE Page 2 May 3, 2002 Andy Pridgen Mike Robinson, E Bill Moore, III John Williamson Charles Bruton, Ph. D. Lloyd Johnston, Jr Jimmy Marler Judith Johnson (NCWRC) PRECONSTRUCTION CONFERENCE MINUTES Project: 8.2321501 (B-3495) al Aid No.: BRZ-1435(2) No.: C200353 Nash on: Bridge No. 137 over Stoney Creek on SR 1435 preconstruction conference for the above project was held in the Wilson Division Office Conference Room April 17, 2002, with the following persons in attendance: AME REPRESENTING chard Holshouser Sanford Contractors, Inc. indy Richardson Sanford Contractors, Inc. iff Harris H. C. Harris, Jr. Engineering & Surveying, P.A. )b Campbell Carolina Power & Light Company illie L. Bryant NC DOT - Civil Rights )bert L. White NC DOT - Geotechnical Unit -ad Batchelor NC DOT - Division 4 Right of Way inn Ward NC DOT - District Engineer idie J. Bunn NC DOT - Resident Engineer mn Raynor NC DOT - Asst. Resident Engineer )rey McLamb NC DOT - Construction Steve Joyner NC DOT - Construction E. Nichols NC DOT - Construction A. Weaver N C DOT - Construction B. Creech NC DOT - Nash County Bridge Maintenance endi Oglesby Johnson, PE, Division Construction Engineer, presided over the conference. She asked eryone present to introduce themselves and their company affiliation. Randy Richardson will act as Project Superintendent and Traffic Control Coordinator for the Contractor. . Steve Joyner will act as Project Inspector and Traffic Control Coordinator for the DOH. Johnson asked when and where does the Contractor plan to begin work. The Contractor advised they i to begin work on April. 29th putting up signs and getting ready to close the roadway. Will mobilize first week in May and begin work on the new bridge. The Contractor advised his intent is to complete new bridge before any clearing and grubbing is performed. OF WAY Brad Batchelor covered the right of way for this project. All right of way necessary for the construction of project has been acquired. No claims were filed for condemnation. He furnished the Resident Engineer a er and copies of right of way agreements and deeds. were no 200 series items on this project. ion Conference Minutes 495 e2 e is no known asbestos contamination, underground storage tanks or soil contamination within the right of of the project. Contractor is reminded not exceed the right of way or easement areas during construction of the project out written permission from the property owner. DISADVANTAGED BUSINESS ENTERPRISE s. Johnson called on Mr. Willie Bryant with our Civil Rights office to cover this portion of the contract. Contractor's EEO Officer and Minority Liaison Officer is Barbara R. Angell. 1. 2. 3. 4. Resident Engineer furnished the Contractor with required posters for his bulletin board. The Contractor's D Policy Statement is to be posted on the projects Bulletin Board that should be weather proof along with following posters: Davis-Bacon Minimum Prevailing Wage Rate Schedule, "Wage-Rate Information -F/A/ Project", Form PR-1495, "Notice Relating to False Statements," Form PR-1022, EEO Poster -'Discrimination is Prohibited". Contractor is urged to document, in writing, all actions taken in complying with Equal Opportunity of )loyment Provisions, Training Provision, and Minority Business Enterprise Provision. This includes icant referrals, meeting with employees, on-site inspections, wage evaluation, etc. goals for this contract are established at 9.0%. subcontractors and suppliers are responsible for meeting the same requirements as the prime contractor, it is the prime contractor's responsibility to oversee that both are in compliance. Contractor requested estimate period for this project end on the first of the month. alleged discriminatory violations should be brought to the attention of the Resident Engineer. State and/or FHWA will conduct a Contract Compliance Review sometime during the life of this contract. efore, fair employment practice should be maintained at all time. inage and Prompt Payment - Contractor at all levels, prime, subcontractor, or second tier contractor, within 7 calendar days of receipt of monies, resulting from work performed on the project or services ;red, pay subcontractors, second tier subcontractors, or material suppliers, as appropriate. provision for prompt payment shall be incorporated into each subcontractor or second tier subcontract d for work performed on this project or for services provided. Contractor will withhold up to 3% retainage if any subcontractor does not obtain a payment and )rmance bond for their portion of the work. F ' ure of any entity to make prompt payment as defined herein may result in: 1) withholding of money due to t *t entity in the next partial payment until such assurances are made satisfactory to this provision; or 2) Conference Minutes 3 of an approved contractor from the prequalified bidders list or the removal of other entities from the i subcontractors list. porting Disadvantaged Business Enterprise Participation - When payments are made to Disadvantaged siness Enterprise firms, including material suppliers, contractors at all levels shall provide the Engineer with accounting of said payments. T PAVEMENTS . Gary Starling with our Division QA Lab asked the Contractor if he had any questions of the Special visions outlined on pages 21 - 28. . Starling advised the Special Provisions in this contract are dated 1/15/02 and he would like to point out the Contractor advised that Barnhill Contracting would perform paving on this project. . Starling called attention to the limits of precision for nuclear and core sample testing on page 23 of the itract. He asked Mr. Holshouser if he knew what type of density testing Barnhill would be performing, and s advised this was not known at this time. contractor was advised that he should maintain the QC testing forms and records for one calendar year the forms are completed in lieu of the previous 90-day requirement. Bunn pointed out the a fixed string line is required for paving this project according to project special ?visions. The Contractor did not indicated whether nuclear or core method would be used to determine of asphalt. was no further discussion concerning these Special Provisions. ILITY CONFLICTS CP&L - Power - Mr. Bob Campbell advised he was meeting the tree removal crew out on the project today. They had advised that they hope to have the trees out of the way next week. The line crew plans to begin work on May 7th. He advised that he also plans to meet this crew on the project. Mr. Bunn stated that the Contractor plans to begin work on the 29th and asked ifthere is any way the tree and line work can be completed as close to that date as possible. Mr. Holshouser concurred with this request. Mr. Campbell advised that he would be able to give a more positive date after his meeting today and he thought he would be able to move his schedule closer to April 29. CP&L have one pole in place that can be graded around. Line will be removed but the pole will remain in place. Mr. Bunn advised this would be no problem as the Contractor will be able to perform work around this pole. Mr. Campbell left his card with the Contractor and Resident Engineer. Sprint (telephone) - Sprint has completed relocation of all their utilities. Johnson asked everyone turn to page 1 of the contract, and the following was discussed: SPECIAL PROVISIONS Conference Minutes 3495 .se 4 Johnson advised, any of the special provisions that are not covered will be as stipulated. Time and Liquidated Damages: date of availability for this contract is April 29, 2002, except that work in jurisdictional waters and :lands shall not begin until a meeting between the DOT, Regulatory Agencies, and the Contractor is held as ulated in the permits. The delay in availability has been considered in determining the contract time for this contract completion date December 5, 2002. en the Special Provisions require observation periods, they are not a part of the work to be completed by completion date and/or intermediate contract times stated in the contract. Should an observation period end beyond the final completion date, the acceptable completion of the observation period shall be a part of work covered by the performance and payment bonds. Damages - $750.00 per calendar day. edule of Estimated Completion Progress - The Contractor is advised if he anticipated accelerating the gress shown, he should submit a request, and approval would have to be obtained should he want payment performing work beyond that progress noted. Contractor presented his progress schedule which will be checked and he will be advised if satisfactory. copy of these minutes, we are advising the Contractor that his progress schedule has been checked and is proved as submitted. mission of Records -Federal Aid Projects - Payrolls are not required on this project. Also, this project is located on the National Highway System; therefore, federal form FHWA-47 is not required. ety Vests - All Contractors' personnel, all subcontractors and their personnel, and any material suppliers their personnel must wear an OSHA approved reflective vest or outer garment at all times while on the ject. Ms. Oglesby advised that non-reflective orange shirts are acceptable for all project personnel except ;gers. Contractor advised all of his personnel wear hard hats. Rip Rap - Contractor shall remove existing rip rap under bridge and use to supplement areas of rip- areas along roadway approaches. SPECIAL PROVISIONS WAY ig and Grubbing - Clearing and grubbing shall be by Method III unless superseded by permit drawings. and Fill Slope Material - Required shoulder and slope construction for this project shall be 1 in accordance with requirements of Section 226 of the Specifications except as noted in the the 6" (150 mm) of shoulder and fill slopes with soils capable of supporting vegetation. ion Conference Minutes 495 e5 ride soil with P.I. greater than 6 and less than 25 and with a pH ranging from 5.5 to 6.8. Remove stones other foreign material 2" (50 mm) or larger in diameter. All soil is subject to test and acceptance or -tion by the Engineer. shall be obtained from within the project limits or an approved borrow source. nforced Bridge Approach Fills - The Contractor is to be guided by the Special Provisions and all work R be done in the presence of the Engineer or Inspector. Contractor was reminded that proper certifications to be submitted. . Bunn asked if the Contractor knew Barnhill's source of borrow material. The Contractor advised he did at this time. SION CONTROL Johnson covered erosion control items listed on pages 31-40 in the contract. Mrs. Johnson advised the ct Inspector for DOT that he is to give the Contractor a weekly erosion control list advising Contractor of that need to be done in a timely manner. She advised that erosion control is very important to DOT. 'aste Areas and Borrow Sources - Payment for temporary erosion control measures, except those made ,cessary by the Contractor's own negligence or for his own convenience, will be paid for at the appropriate ?ntract unit price for the devices or measures utilized in borrow sources and waste areas. All erosion and diment control practices which may be required on a commercial borrow or waste pit will be done at the s expense. ironmentally Sensitive Areas - This project is located in an Environmentally Sensitive Area. This gnation requires special procedures to be used for clearing and grubbing, temporary stream crossing, grading operations within the area identified on the plans. This also requires special procedures to be t for seeding and mulching and staged seeding within the project. "Environmentally Sensitive Area" shall be defined as a 50' (16 meter) buffer zone on both sides of the an measured from top of stream bank. Contractor may perform clearing but grubbing cannot be )rmed until Contractor begins grading operations. Erosion control devices shall be installed ediately following the clearing operation. grading operations begin, work will progress in a continuous manner until complete. actor shall establish an early stage of vegetation sufficient to restrain erosion immediately following establishment. ig and mulching shall be performed on the areas disturbed by construction immediately following final establishment. No appreciable time shall lapse into the contract time without stabilization of slopes, and other areas within the "Environmentally Sensitive Areas" as indicated on the erosion control will be placed under guardrail. The sod sub-contractor shall be responsible for taking sufficient soil for testing by the Department of Agriculture, Soil Testing Division to determine the soil pH. ion Conference Minutes 6 Construction Entrance - Contractor shall install a Gravel Construction Entrance in accordance with the in the plans and at locations as directed by the Engineer. g and grubbing is by Method III. Do not want to clear any more than necessary. Most clearing is at the site. Follow the permit requirements before applying Method III criteria. S die Bunn covered this portion of the contract. He advised these Special Provisions are standard; however, would like to point out the following: idled Piers - Drilled piers are a straight shag type and vertical. The Contractor/Subcontractor and the )erintendent performing the work is required to have installed drilled piers of both diameter and length vlar to those shown on the plans and have a minimum of 5 years experience with underwater concrete cement prior to the bid date for this project. This work is performed under the supervision of the ,ntractor's/Subcontractor's superintendent who is knowledgeable and experienced I the construction of lied piers using casing and/or slurry. Equipment that has the capacity to undertake the work and is sufficient complete the work within the specified contract time shall be used. T verify the ability to construct drilled piers for this project, the Contractor/Subcontractor shall submit a list c taining a description of at least 2 project completed in the last five years on which those responsible for the dr.Hed pier construction have installed drilled piers of similar size as shown in the plans and with similar e avation techniques anticipated for this project. This list should include the names and phone numbers of the qe ject owner's representative who can verify the Contractor's/Subcontractor's participation on the project. Contractor has submitted this information to the Resident Engineer. bsurface data shows drilled piers will be terminated in solid rock and slurry will not be permitted according plan notes. A construction sequence plan for all the drilled piers shall be submitted for review and acceptance 30 days prior to beginning construction of the drilled piers. Sequence plan should include items 1 thru 13 listed on page 52 o the contract. This plan was submitted at the pre-construction conference. Engineer will review the drilled pier construction sequence plan for conformance with the plans, ifications and special provisions, and will notify the Contractor within 15 days of receiving the plan of any tional information required and/or changes that are necessary. Any changes for re-evaluation of any tisfactory part of the construction sequence plan that is rejected should be submitted to the Engineer. The ineer responds to the Contractor within 7 days after receiving the proposed changes. ?uld any changes in the procedure be made during construction of the drilled piers, the Contractor shall arm the Engineer in writing and await approval of the proposed modifications prior to the construction of remaining drilled piers. to any drilled pier work beginning and after acceptance of the construction sequence plan, a drilled pier nstruction conference shall be scheduled with the drilling superintendent, Concrete Supplier, Resident ineer, including the inspector, Area Bridge Construction Engineer, Soils & Foundation Design Engineer other pertinent personnel to discuss construction and inspection of the drilled piers. Conference Minutes 7 . Bunn stated regarding Item F, that DOT will require an 8' rock socket according to plan notes. vation - Excavation of the drilled pier shall be performed with a drill rig of adequate capacity. Contractor use a rig that is capable of drilling through soil and non-soil including rock, boulders, timbers, man-made As and any other materials encountered. Blasting is not permitted to advance the excavation. Blasting for removal is only permitted when approved by the Engineer. Use a drill rig capable of drilling a minimum of deeper than the deepest drilled pier shown in the plans. Drilling tools equipped with vents designed to lize the hydrostatic pressure above and below the tool during extraction from the excavation shall be used. Bunn asked the Contractor what he intends to do with spoils or rock that is removed and the Contractor vised that it will be used for the lower portions (sub base) of the slope protection rip rap or in fill areas if ssible. the tip of the drilled pier excavation is in rock, de-water the excavation to the satisfaction of the Engineer. 1e minimum diameter of the drilled pier excavation in rock is 2 inches (50 mm) less than the design drilled er diameter shown on the plans. . Bunn reviewed the special provision relating to permanent casing wall thickness. pages 47-49 as it refers to slurry, which is not permitted on this project. . Bunn called attention to the 2nd paragraph on page 50 regarding cleaning the bottom of the excavated drill r. He asked if the Contractor would send someone into the drilled shaft to clean the bottom. Mr. Ishouser advised that his drilled pier subcontractor, McKinney does normally send someone down to clean if editions are favorable. Bunn advised DOT would require a test hole to determine bearing capacity in the drilled shafts. SPT and SID testing are not required according to plan notes. page 51, under Item B, The Contractor shall use one of the following inspection procedures listed to check cleanliness of the pier excavation bottom prior to placement of the reinforcement steel and concrete. Bunn called attention to the 2nd paragraph under Item 5.0, Reinforcing Steel. has submitted concrete mix design for drilled pier concrete. Loss Test noted on page 54 is not required. hin the first 16 hours after a drilled pier has achieved its initial concrete set, do not drill adjacent piers, do install adjacent piles, and do now allow any equipment wheel loads or "excessive" vibrations to occur at point within a 20 foot radius of the drilled pier. will be determined at the drilled pier pre-construction meeting if Soils and Foundations will require the illed piers to be tested with the NDT equipment. They normally do not unless there are problems during the ,nstruction of the shaft. 58 and 59 give description of pay items. Permanent Steel Casing ion Conference Minutes Bunn advised there is a list of approved pile points listed on page 60 of the contract. If the listed options not utilized, the contractor will have to provide a submittal. Mr. Holshouser advised they would submit -king drawings to the Structure Design Unit with copies to the Resident Engineer. hanical Butt Splicing of Reinforcing Steel is required by the plans. Mr. Holshouser acknowledged that would be using Bar Lock Couplers. This is an approved mechanical splicer 62-65 do not apply to this project. Bunn called attention to pages 69 thru the top of page 73 regarding submission of working drawings and ?mittals. He advised the Contractor that Greg Perfetti is now the State Bridge Design Engineer. nstruction, Maintenance and Removal of Temporary Access at Station 17+82.00-L-: If detailed on the ns the construction of a temporary rock causeway within the limits shown on the plans is permitted. The iseway shall be built as stipulated in these special provisions and as detailed on the plans. Contractor shall npletely remove all causeway material including pipes and return the entire causeway footprint to the ginal contours and elevations immediately after the purpose of the causeway has been served or as required the permits. NCDOT's environmental commitments require the causeway to be removed within 30 days er it is no longer in use. -. Bunn also advised the Contractor, if noted on the plans, the construction of a temporary work bridge is rmitted. Contractor shall submit details of the temporary work bridge to the Engineer prior to construction the work bridge to ensure conformance with the plans and all permits. Make sure that the temporary work dge satisfies all permits. Completely remove the temporary bridge prior to final acceptance or otherwise luired by the permits. Shall be removed within 30 days. a causeway is detailed on the plans, the construction of a temporary work bridge in lieu of the causeway is rmitted. If this option is exercised, prepare all necessary documents required for permit modifications, if any. Bunn advised that the existing bridge contain lead paint according to the plan notes. The contractor old follow Article 107-1 of the 2002 Standard Specifications while removing these girders. No lead paint come in contact with Stoney Creek. He acknowledged that his office is reviewing their submittal for the olition of the old bridge and should complete this review by the date of availability. . Johnson advised the US Army Corps of Engineer and DENR (DWQ) has issued a permit for this project the Contractor shall comply with all applicable permit conditions during construction of this project. of the permitting authority will periodically inspect the project for adherence to the permits. uld the Contractor propose to utilize construction methods (such as temporary structures or fill in waters /or wetlands for haul roads, work platforms, cofferdams, etc.) not specifically identified in the permit ividual, general or nationwide) authorizing the project it shall be the Contractor's responsibility to rdinate with the appropriate permit agency to determine what, if any, additional permit action is required. Contractor shall also be responsible for initiating the request for the authorization of such construction hod by the permitting agency. The request shall be submitted through the Engineer. The Contractor shall utilize the construction method until it is approved by the permitting agency. The request normally takes ion Conference Minutes 9 iroximately 60 days to process; however, no extensions of time or additional compensation will be granted delays resulting from the Contractor's request for approval or construction methods not specifically ltified in the permit. x "Description of Activity" the U.S. Army Corps of Engineers General Permit reads, "Mechanized land ing, excavation, and the discharge of fill material into Stoney Creek and its adjacent wetlands associated the replacement of the existing bridge with a new bridge on the current alignment. Replacement of the will result in the permanent loss of 0.09 acre of a swamp hardwood community. Construction of the orary access roads for bridge construction will result in the discharge of approximately 30 cubic yards of i fill, impacting 30' of stream channel (0.006 acre of surface water). Traffic will be maintained by off-site ars. Once the temporary access is no longer needed, all temporary fill material will be removed to pre- truction contours within 30 days. Johnson called attention to the specific permit drawing on pages 77, 78 and 79 of the contract. She sed the Contractor that his personnel and DOT personnel should be familiar with these drawings. :print on drawings should not be exceeded. Contractor should contain his work within the footprint shown on the plans. Any deviation would be in Ltion of the permits. The permit does not cover waste or borrow within wetlands. standard procedures will be implemented to avoid or minimize environmental impacts. Johnson advised the Contractor he and his personnel should make themselves familiar with the conditions gated in the permits. de-watering of drilled piers is performed DOT will furnish Contractor with silt bags (erosion control device). T. Bunn stated that the silt bag should be located outside any wetlands or buffer zones located on the project. rs. Johnson stated that we should decide on the placement before we construct the drilled piers. This is to ohibit confusion and to assure NCDOT that the erosion control device will not inadvertently be placed in an ea in conflict with our permit. White with the Geotechnical Unit asked if there were any questions concerning quantities, and there were Very little earthwork is required for this project and his unit was not contacted to perform an stigation. Mr. Bunn stated that the project has less than 500 cubic yards of earthwork (unclassified and ow excavation combined) and he was pleased with the undercut quantity provided in the contract. Contractor presented a letter advising names of persons authorized to sign supplemental agreements in junction with this project. were no further questions and/or comments and the meeting was adjourned. SANFORD CONTRACTORS, INC. 49:?p 'PIRESLOENr ATE APPROVED NAME AND TITLE SrA7Z ?d ? Y A 011594 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY GOVERNOR October 15, 2001 U.S. Army Corps of Engineers Regulatory Field Office 6508 Falls of Neuse Road Suite 120 Raleigh, NC 27615-6814 ATTENTION: Ms. Jean Manuele NCDOT Coordinator LYNDO TIPPETT SECRETARY SUBJECT: Replacement of Bridge No. 137 on SR 1435, over Stoney Creek, Nash County, State Project No. 8.2321501, Federal Aid Project No. BRZ-1435(2), TIP No. B- 3495. Dear Ma'am: Please find attached the Categorical Exclusion [Type II(B)] and Natural Resources Technical Report for the above-referenced project, which is scheduled to be let in February 2002. The North Carolina Department of Transportation (NCDOT) proposes to replace Bridge No. 137 over Stoney Creek in Nash County. Replacement will be at the same location and roadway elevation as the existing bridge. The cross-section of the 160-foot (49-meter) long new bridge will include two 12-foot (3.6-meter) lanes with 3-foot (1-meter) offsets. Approach work will consist of resurfacing and tying in to the existing alignment. Guardrail will be installed where warranted. The total project length will be approximately 1,020 feet (311 meters) long. Traffic will be detoured along surrounding roads during construction. The existing structure, constructed by NCDOT in 1967, carries SR 1435 over Stoney Creek in Nash County. The bridge consists of a 26-foot (8-meter) wide deck and 19-foot (6- meter) approach roadways with grassed shoulders. The superstructure is composed entirely of timber and steel. The substructure consists of concrete posts and beams. The superstructure will be removed without dropping any components into Waters of the U.S. However, there is potential for the concrete posts and beams to be dropped in Waters of the U.S. The resulting temporary fill associated with the concrete posts and beams will amount to no more than 12 cubic yards. As part of the bridge removal process, all temporary fill material will be removed from the creek as quickly as possible. Stoney Creek is the only jurisdictional surface water resource in the project area. It is located in the Tar-Pamlico River Basin (HU 03020101) and carries the DEM classification of C NSW (Index No. 28-68),1/1/90). There are no waters classified as HQW, WS-1, WS-II, or ORW MAILING ADDRESS: TELEPHONE: 919-733-3141 LOCATION: NC DEPARTMENT OF TRANSPORTATION FAX: 919-733-9794 TRANSPORTATION BUILDING PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 1 SOUTH WILMINGTON STREET 1548 MAIL SERVICE CENTER WEBSITE: WWW.DOH.DOT.STATE.NC.US RALEIGH NC RALEIGH NC 27699-1548 `a within 1 mile of the project study area. There are two jurisdictional wetlands in the project area. The proposed project will impact 0.09 acres of wetlands. The impacts are evenly divided between a swamp hardwood community (PSS1C) on the western side of the bridge and a bottomland mixed/pine hardwood community (PF01A) on the eastern side. There are no surface water impacts (see attached permit drawings, Sheets 4 - 6). This project is subject to the Tar-Pamlico River Basin Buffer Rules. According to the Rules, this bridge replacement project is allowable without mitigation because there are no practical alternatives and buffer impacts are fewer than 150 linear feet and 0.3 acre. Approximately, 0.001 acres in Zone 1 and 0.005 acres in Zone 2 will be impacted (see attached permit drawings, sheets 7-8). Please note that "wetland impacts in buffer" on Sheet 8 are a subset of "wetland impacts" on Sheet 6. Federally protected Tar spiney and dwarf-wedge mussels are endemic to this drainage basin. A May 15, 2000 survey by NCDOT endangered species specialist Tim Savidge revealed no protected mussels in or near the project area. In a September 14, 2000 correspondence from the U.S. Fish and Wildlife Service, the Service concurs that this project is "Not Likely to Adversely Effect" the dwarf-wedge mussel and will have "No Effect" on the Tar spiney mussel. The project is being processed by the Federal Highway Administration as a "Categorical Exclusion" (CE) in accordance with 23 CFR 771.115(b). Therefore, we do not anticipate requesting an individual permit but propose to proceed under a Nationwide Permit 23 in accordance with 61 Federal Register 65874, 65916 (December 13, 1996) and as amended in the Federal Register: March 9, 2000 (Volume 65, Number 47, Pages 12817-12899). We anticipate that 401 General Water Quality Certification No. 2734 (Categorical Exclusion) will apply to this project because of the Tar-Pamlico Buffer Rules requirement of written authorization. One copy of the CE document and the Natural Resources Technical Report is being provided to the North Carolina Department of Environment and Natural Resources, Division of Water Quality, for their review. If you have any questions or need additional information please call Elizabeth Lusk at 73°3-7844, ext. 335. Sincerely, ?' . C William D. Gilmore, P.E., Manager Project Development and Environmental Analysis Branch Cc. w/attachment: Mr. David Franklin, USAGE, Wilmington Mr. John Dorney, NCDENR, DWQ Mr. David Cox, NCWRC Mr. Tim Rountree, P.E., Structure Design Unit w/o attachment: Mr. John Alford, P.E., Roadway Design Mr. Calvin W. Leggett, P.E., Program Development Ms. Debbie Barbour, P.E., Highway Design Engineer Mr. D.R. Henderson, P.E., Hydraulics Unit Mr. D.R. Dupree, P.E., Division 4 Engineer Ms. Karen Orthner, P.E., Project Planning Engineer Mr. Hal Bain, Unit Head, Project Development and Environmental Analysis File: B-3125 t6 umberr ?Pandlet , iornsrsue •a a? W"' I Galeha sI ?• A N .. I ? ! Norlina S ... ';-: r y - f , Ise * ? y yy pL : t . . - copra S ISi awimsb«a a[ew; ! Macon s f t ittleton OaGl7 E RPIQ ! lSe Ir r alT .' reu ben •?' I'••"}"+7; esrilt . N• AMPTON . an son 7 - ® \t[ - M;Irasskes f tr sddleba[ errenton SuroysiA sa t !_ _. s ! t a - •rrr .7 t I S i+? F •t, 1a ! a 'art aotecai .4 i - T a tut R. 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Calico } v0 :?l ^•--?Sr. ( f ,• la,an 2? \ QGu tton ? !3 S 90 701 i:79n -.l e• O.i1. • ar f ° Ursa f ! 19 ` IJ 1 r t !° ra `?° 6?(1SN?oua 1 . .,.? , ,Is Projecf Vici>Mifg ma p N. C. DEPT. OF TRANSPORTATION o s Is Scale of Miles zo 30 DIVISION OF HIGHWAYS o to zo 30 40 dy NASH COUNTY Sate of Kilo-etem Orr h.1 a><.1h apercirv:<7 13 m;:?s and a?pro.ir.u;e} 21 Uon.aren. PROJECT: 8.2321501 (B3495) BRIDGE 137 OVER STONEY CREEK ON SR 1435 NEAR NASHVILLE SHEET -L OF 9 AUG. 29, 2001 PRCi ir-rT D- Af 7J Fain Church OFFSITE DETOUR ROUTE vIlC]LIl icy Map Eni,amgemment i N. C. DEPT. OF TRANSPORTATION DIVISION OF HIGHWAYS NASH COUNTY PROJECT: 8.2321501 (B3495) BRIDGE 137 OVER STONEY CREEK ON SR1435 NEAR NASHVILLE SHEET 2 OF I AUG. 29, 2001 LEGEND - WLB WETLAND BOUNDARY PROPOSED BRIDGE L WETLAND PROPOSED BOX CULVERT DENOTES FILL IN ® WETLAND PROPOSED PIPE CULVERT 12'-48' DENOTES FILL IN (DASHED LINES DENOTE PIPES ® SURFACE WATER EXISTNG STRUCTURES) 54' PIPES & ABOVE DENOTES FILL IN SURFACE WATER (POND) SINGLE TREE ® DENOTES TEMPORARY FILL IN WETLAND WOODS LINE DENOTES EXCAVATION ® IN WETLAND ED DRAINAGE INLET ® DENOTES TEMPORARY FILL IN SURFACE WATER _-??- ROOTWAD • ? DENOTES MECHANIZED • • • CLEARING FLOW DIRECTION - TB tom TOP OF BANK - WE_ - EDGE OF WATER - -c - PROP. LIMIT OF CUT - -F - PROP. LIMIT OF FILL PROP. RIGHT OF WAY - - NG- - NATURAL GROUND - -PL - PROPERTY LINE -TDE- TEMP. DRAINAGE EASEMENT -PDE- PERMANENT DRAINAGE EASEMENT - EAB- • EXIST. ENDANGERED ANIMAL BOUNDARY - EPB- • EXIST. ENDANGERED . PLANT BOUNDARY - - - - - - - WATER SURFACE X X X X X XX LIVE STAKES CD BOULDER --- CORE FIBER ROLLS m2b RIP RAP O ADJACENT PROPERTY OWNER OR PARCEL NUMBER IF AVAILABLE BZI BUFFER ZONE 1 BZ2 BUFFER ZONE 2 N. C. DEPT. OF TRANSPORTATION DIVISION OF HIGHWAYS NASH COUNTY PROJECT: 8.2321501 (B3495) BRIDGE 137 OVER STONEY CREEK ON SR1435 NEAR NASHVILLE 4 SHEET 3 OF q AUG. 29, 2001 I: II, o + °° , • N ? ?'?„• I I Z a I 0 _ 41 a I . J wOJ I LL. C) OC a),4 I 3X ww O Z v \ 41 i! vc L1 -/>4O m? I I 1 ? I I C? I O I I r I ? 0 I I a I ? U O w >- N Z Q U Z O¢ =0 J d?N uz WX j0 LL x ZO= W(nw F Q w J Q Z vs w w to 3 WU ~ F-3 O HJ O J Z W Z `. ? O O s 91 i a r p GREEK O ? ? o00pp, ? o 1 O O 0 ? r QmW Q ZJW W O J J = • 41 J aN(O <Ljo Z - ?ooQ dNN _ 0>1 C7 ?HWC> ?I> t1] V) :3< I L ozz N Q ?a? J O ? z ZWMm ? j W ?oa N ? I wmw cr « b a ? Y i ? V O O VOVO 0O?O 0 ? 0 \ LL- ? L z O I a * Q o PLI CL V) 0 > - ? CO I J I N V) O Q ° J ? V .09 I W I I O N W I I p + i Icy cr IZ < m z Q W + 0 a I 0- > I . 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Fort Worth TX 76180 NC Dept. of Transportation Division of Highways List of Property Owners Nash County Project: 8.2321501 (B3495) Bridge Over Stoney Creek on SR 1435 Near Nashville Sheet 9of q August 29, 2001 R A. B C. 011594 CATEGORICAL EXCLUSION ACTION CLASSIFICATION FORM TIP Project No. State Project No. Federal Project No. Project Description: B-3495 8.2321501 BRZ-1435 (2) This project proposes to replace Bridge No. 137 over Stoney Creek on SR 1435 in Nash County. Bridge No. 137 will be replaced with a 160-foot (48.8-m) long bridge at approximately the same location and roadway elevation as the existing bridge. The cross section of the new bridge will include two 12-foot _ (3.6-m) lanes with 3-foot (1.0-m) offsets. Approach work will consist of resurfacing and tieing in to the existing alignment. Guardrail will be installed where warranted. The total project length will be approximately 1020 feet (310.9 m) long. Traffic will be detoured along surrounding roads during construction. Purpose and Need: Bridge No. 137 has a 35.4 sufficiency rating out of a possible 100. The deck and substructure of this 33-year old bridge are in poor condition. Therefore, the bridge needs to be replaced. Proposed Improvements: The following Type II improvements which apply to the project are circled: Modernization of a highway by resurfacing, restoration, rehabilitation, reconstruction, adding shoulders, or adding auxiliary lanes (e.g., parking, weaving, turning, climbing). a. Restoring, Resurfacing, Rehabilitating, and Reconstructing pavement (3R and 4R improvements) b. Widening roadway and shoulders without adding through lanes c. Modernizing gore treatments d. Constructing lane improvements (merge, auxiliary, and turn lanes) e. Adding shoulder drains f. Replacing and rehabilitating culverts, inlets, and drainage pipes, including safety treatments g. Providing driveway pipes h. Performing minor bridge widening (less than one through lane) 2. Highway safety or traffic operations improvement projects including the installation of ramp metering control devices and lighting. a. Installing ramp metering devices b. Installing lights c. Adding or upgrading guardrail d. Installing safety barriers including Jersey type barriers and pier protection e. Installing or replacing impact attenuators f. Upgrading medians including adding or upgrading median barriers g. Improving intersections including relocation and/or realignment h. Making minor roadway realignment i. Channelizing traffic j. Performing clear zone safety improvements including removing hazards and flattening slopes k. Implementing traffic aid systems, signals, and motorist aid 1. Installing bridge safety hardware including bridge rail retrofit O3 Bridge rehabilitation, reconstruction, or replacement or the construction of grade separation to replace existing at-grade railroad crossings. a. Rehabilitating, reconstructing, or replacing bridge approach slabs b. Rehabilitating or replacing bridge decks c. Rehabilitating bridges including painting (no red lead paint), scour Q repair, fender systems, and minor structural improvements Replacing a bridge (structure and/or fill) 4. Transportation corridor fringe parking facilities. 5. Construction of new truck weigh stations or rest areas.. 6. Approvals for disposal of excess right-of-way or for joint or limited use of right-of-way, where the proposed use does not have significant adverse impacts. 7. Approvals for changes in access control. 8. Construction of new bus storage and maintenance facilities in areas used predominantly for industrial or transportation purposes where such construction is not inconsistent with existing zoning and located on or near a street with adequate capacity to handle anticipated bus and support vehicle traffic. 9. Rehabilitation or reconstruction of existing rail and bus buildings and ancillary facilities where only minor amounts of additional land are required and there is not a substantial increase in the number of users. 10. Construction of bus transfer facilities (an open area consisting of passenger shelters, boarding areas, kiosks and related street improvements) when located in a commercial area or other high activity center in which there is adequate street capacity for projected bus traffic. 11. Construction of rail storage and maintenance facilities in areas used predominantly for industrial or transportation purposes where such construction is not inconsistent with existing zoning and where there is no significant noise impact on the surrounding community. 12. Acquisition of land for hardship or protective purposes, advance land acquisition loans under section 3(b) of the UMT Act. Hardship and protective buying will be permitted only for a particular parcel or a limited number of parcels. These types of land acquisition qualify for a CE only where the acquisition will not limit the evaluation of alternatives, including shifts in alignment for planned construction projects, which may 2 be required in the NEPA process. No project development on such land may proceed until the NEPA process has been completed. D. Special Project Information: Estimated Costs: Total Construction $ 775,000 Right of Way 25,000 Total $ 800,000 Estimated Traffic: Current - 1300 vpd Year 2025 - 2300 vpd TTST - 1% -Dual - 3% Proposed Typical Cross Section: The approach roadway cross section will consist of two 12-foot (3.6-m) lanes with 8-foot (2.4-m) grassed shoulders. The shoulder width will be increased to 11 feet (3.3 m) where guardrail is installed. Design Speed: 50 mph (80 km/h) Functional Classification: Rural Local Route Division Office Comments: The Division Four-Construction Office concurs in the recommendation to replace the bridge in place and detour traffic along surrounding roads during construction. Bridge Demolition: Bridge No. 137 is located on SR 1435 over Stoney Creek in Nash County. The superstructure is composed entirely of timber and steel. The substructure consists of concrete posts and beams. The superstructure will be removed without dropping any components into Waters of the United States. There is potential for the concrete posts and beams to be dropped into Waters of the United States. The resulting temporary fill associated with the concrete posts and beams is approximately 12 yd3. 3 .( E. Threshold Criteria - The following evaluation of threshold criteria must be completed for Type II actions ECOLOGICAL - YES NO (1) Will the project have a substantial impact on any unique or important natural resource? - ? X (2) Does the project involve habitat where federally listed endangered or threatened species may occur? (3) Will the project affect anadromous fish? ? X (4) If the project involves wetlands, is the amount of permanent and/or temporary wetland taking less than one-tenth (I/ 10) of an acre and have all practicable measures to avoid and minimize wetland takings been evaluated? a . (5) Will the project require the use of U. S. Forest Service lands? ? X (6) Will the quality of adjacent water resources be adversely impacted by proposed construction activities? ? X (7) Does the project involve waters classified as Outstanding Water Resources (OWR) and/or High Quality Waters (HQW)? X (8) Will the project require fill in waters of the United States in any of the designated mountain trout counties? ? X (9) Does the project involve any known underground storage tanks (UST's) or hazardous materials sites? X PERMITS AND COORDINATION YES NO (10) If the project is located within a CAMA county, will the project significantly affect the coastal zone and/or any "Area of Environmental Concern" (AEC)? X (11) Does the project involve Coastal Barrier Resources Act ? resources? X (12) Will a U. S. Coast Guard permit be required? X (13) Will the project result in the modification of any existing ? regulatory floodway? X 4 r (14) Will the project require any stream relocations or channel ? changes? X SOCIAL, ECONOMIC, AND CULTURAL RESOURCES YES NO (15) Will the project induce substantial impacts to planned growth or land use for the area? - X (16) Will the project require-the relocation of any family or ? business? X (1.7) Will the project have a disproportionately high and adverse human health and environmental effect on any minority or low-income population? X (18) If the project involves the acquisition of right of way, is the amount of right of way acquisition considered minor? X (19) Will the project involve any changes in access control? ? X (20) Will the project substantially alter the usefulness and/or land use of adjacent property? X (21) Will the project have an adverse effect on permanent local traffic patterns or community cohesiveness? X (22) Is the project included in an approved thoroughfare plan and/or Transportation Improvement Program (and is, ? therefore, in conformance with the Clean Air Act of 1990)? X . (23) Is the project anticipated to cause an increase in traffic volumes? X (24) Will traffic be maintained during construction using existing roads, staged construction, or on-site detours? X (25) If the project is a bridge replacement project, will the bridge be replaced at its existing location (along the existing facility) and will all construction proposed in association with the bridge replacement project be contained on the existing facility? X (26) Is there substantial controversy on social, economic, or environmental grounds concerning the project? X (27) Is the project consistent with all Federal, State, and local laws ? relating to the environmental aspects of the project? X (28) Will the project have an "effect" on structures/properties eligible for or listed on the National Register of Historic Places? X 5 (29) Will the project affect any archaeological remains, which are ? important to history or pre-history? X (30) Will the project require the use of Section 4(f) resources (public parks, recreation lands, wildlife and waterfowl refuges, historic sites, or historic bridges, as defined in Section 4(f) of the U. S. Department of Transportation Act of 1966)? ? X (31) Will the project result in any conversion of assisted public recreation sites or facilities to non-recreation uses, as defined by Section 6(f) of the Land and Water Conservation ? Act of 1965, as amended? X (32) Will the project involve construction in, across, or adjacent to a river designated as a component of or proposed for inclusion in the Natural System of Wild and Scenic Rivers? ? X F. Additional Documentation Required for Unfavorable Responses in Part E (Discussion regarding all unfavorable responses in Part sou be provided below. Additional supporting documentation may be attached, as necessary.) Item 2 - Surveys for the dwarf-wedge mussel (Alasmidonta heterodon) and the Tar spinymussel (Elliptio steinstansana) were conducted on May 15, 2000 at the project crossing by NCDOT Biologists Tim Savidge and Logan Williams. The survey concluded that the Tar spinymussel does not exist within the project area, nor does typical habitat utilized by this species. Tim Savidge issued a Biological Conclusion of "No Effect" for the Tar spmymussel. Habitat for the federally endangered species dwarf-wedge mussel was found in the project vicinity. However, no active populations of the dwarf wedge mussel have been reported from the project vicinity. NCDOT Protected Species Tim Savidge issued a Biological Conclusion of "Not Likely to Adversely Affect" for the dwarf wedge mussel. The U. S. Fish and Wildlife Service has concurred in this biological conclusion. (Please see attached letters.) Item 4 - Wetlands were found in the project vicinity in the form of Swamp Hardwoods and Bottomland Mixed Pine/Hardwood Forest. The potential amount of wetland impacts resulting from the proposed bridge replacement project is approximately 0.54 acres (0.22 ha). However, the amount of potential wetland impacts is based upon the proposed right-of-way width of 80 feet (24.4 m). The entire proposed right-of-way widtlrmay not be utilized; therefore, actual wetland impacts may be considerably less. 6 G. CE Approval TIP Project No. State Project No. Federal-Aid Project No. Project Description: B-3495 - 8.2321501 BRZ-1435 (2) This project proposes to replace Bridge No. 137 over Stoney Creek on SR 1435 in Nash County. Bridge No. 137 will be replaced with a 160-foot (48.8-m) long bridge at approximately the same location and roadway elevation as the existing bridge. The cross section of the new bridge will include two 12-foot (3.6-m) lanes with 3-foot (1.0-m) offsets. Approach work will consist of resurfacing and tieing in to the existing alignment. Guardrail will be installed where warranted. The total project length will be approximately 1020 feet (310.9 m) long. Traffic will be detoured along surrounding roads during construction. Categorical Exclusion Action Classification: TYPE II (A) X TYPE II (B) Approved: 7-2-2-00 Date q/, Lubin V. Prevatt, P. E., Assistant Manager Project Development & Environmental Analysis Branch Date Wayne Elliott, Project Development Unit Head Project Development & Environmental Analysis Branch g-12- DD Date Project & Environmental For Type II (B) projects only: 7-29-00 Date D__?eL 1c? Division Administrator Federal Highway Administration Branch 7 F7. N e %e NASHVILLE 1 i 12 POP. 3,965 130 - 1995 .2 e 19 2100 ' ?. ®® ewe r1 i N O 1 ?: 1.8 i 1438 1003 ?. ?,• J co 10104 417 6 143 23.10 itj 6 ^ .7 16 143.2 1.1 _T t . Lt1 ?' 3 1688 i. 2 . 144 c, i 9 4321. .. 4 w • 1 436 ` •_. ? ? •.? co %64 8 143 ., ` 6 1435 ?- 232 •?"\ 6 . - - 1687 17 3 - 1003 v -- rte L4 602 Bridge No. 137 ` 1.7 9 5 6 .7 .6 1814 w 145 1603 ?' wA r. ` 19106' s 900 x`490 1904 ` `•i 1 'j ,IMP .9 1145 .......... 1145 Detour Route i i T 1852 1703 ' K '62 1851 L 6 North Carolina De]partment of Transportation Division of Highways Project Development & Environmental Analysis Branch Nash County Replace Bridge No.137 on SR 1435 Over Stoney Creek B M95 SCALE: 1 in = 1 mi Figure 1 d„• SGTF o? .nun, North Carolina Department of Cultural Resources Betty B. Hunt Jr., Governor Ray McCain, Secretary January 8, 1999 Nicholas L. Graf Division Administrator Federal Highway Administration Department of Transportation 310 New Bern Avenue Raleigh, N.C. 27601-1442 Re: Bridge 137 on SR 1435 over Stoney Creek, Nash County, B-3495, ER 99-7704 Dear Mr. Graf: Division of Archives and History Jeffrey J. Crow, Director ECF/ 1 1999 We regret staff was unable to attend the scoping meeting for the above project on December 8, 1998. However, Debbie Bevin met with Karen Orthner of the North Carolina Department of Transportation (NCDOT) on January 4, 1999, to discuss the project and view the project photographs and aerial. Based upon our review of the photographs and the information discussed at the meeting, we offer our preliminary comments regarding this project. In terms of historic architectural resources, we are aware of no historic structures located within the area of potential effect. We recommend that no historic architectural survey be conducted for this project. There are no known archaeological sites within the proposed project area. Based on our present knowledge of the area, it is unlikely that any archaeological resources which may be eligible for inclusion in the National Register of Historic Places will be affected by the project construction. We, therefore, recommend that no archaeological investigation be conducted in connection with this project. Having provided this information, we look forward to receipt of either a Categorical Exclusion or Environmental Assessment which indicates how NCDOT addressed our comments. The above comments are made pursuant to Section 106 of the National Historic Preservation Act of 1966 and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106, codified at 36 CFR Part 800. 109 East Jones Street • Raleigh, North Carolina 27601-2807 ??V Nicholas L. Graf January 8, 1999, Page 2 Thank you for your cooperation and consideration. If you have questions concerning the above comment, please contact Renee Gledhill-Earley, environmental review coordinator, at 919/733-4763. Sincerely, David Brook Deputy State Historic Preservation Officer DB:slw cc: i-W. D. Gilmore B. Church T. Padgett . SEAT-(, STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION S B. HUNT JR. GOVERNOR P.O. BOX 25201. RALEIGH. N.C. 27611-5201 May 30, 2000 Memorandum To: From: Subject: Elizabeth L. Lusk, Permit Specialist B-3495 Tim Savidge, Environmental Biologist Environmental Unit DAVID MCCOY SECRETARY Mussel survey for proposed replacement of bridge No.137 over Stony Creek on SR 1435; Nash County, B-3495. The proposed action calls for the replacement of bridge No. 137 over Stony Creek. The federally Endangered dwarf-wedge mussel (Alasmidonta heterodon) (dwm) and Tar spinymussel (Elliptio steinstansana) (Tsm) are listed for Nash County. Historically, dwarf-wedge mussel was known to occur in Stony Creek, however it has not been found in the creek in recent years. Surveys for mussel fauna were conducted on May 15, 2000 at the project crossing by Tim Savidge and Logan Williams. Surveys were conducted by wading using view buckets as well as tactile searching in the submerged root wads along the banks. The survey area was from the crossing to approximately 200 yards upstream. The habitat immediately downstream of the bridge is ponded and stagnant, with a heavily silted substrate. This area is generally unsuitable for mussels. Approximately 1 hour was spent at the site. Tim Savidge has recently conducted additional surveys for mussels in various locations along Stony Creek for other TIP projects (B-2155, B-3381). Crossings surveyed include the SR 1613, SR 1616 and US 301 Bypass crossings on May 11, 2000 and the SR 1613 crossing on June 12, 1998. Eastern elliptio mussels (Elliptio spp.) were found to be generally uncommon (40- 50 individuals found per hour) throughout Stony Creek. No other mussel species were found during the 2000 surveys however, 1 lanceolate elliptio (Elliptio sp.) was found during the June 12, 1998 survey at the SR 1613 crossing (B-3381). The introduced Asian clam (Corbicula fluminea) is abundant throughout Stony Creek. A large spawning aggregation of the pinewoods shiner (Lythrurus matutinus) was observed just upstream of the SR 1613 crossing on May 11.2000. The pinewoods shiner is a Federal Species of Concern (FSC) and is considered to be Significantly Rare (SR) in North Carolina and may occur in the project vicinity (B-3490. _ Biological Conclusion DWM: Not Likely to Adversely Affect Given the survey results, it is apparent that the dwarf-wedge mussel does not occur in the project area. Recent surveys indicate that the dwm might no longer occur in Stony Creek, however, because the dwm is historically known (as recent as the early 1990s) from this creek its presence in Stony Creek cannot be totally ruled out. Based on the survey results and the adherence to Best Management Practices for protection of surface waters (to avoid any potential impacts to downstream dwm populations) it can be concluded that construction of this project "is not likely to adversely affect" the dwarf- wedge mussel. Biological Conclusion TSM: No Effect Given the survey results it is apparent that the TSM does not occur in the project area. This species has not been recorded from Stony Creek, and typical habitat (swift current over gravel/sand substrate) utilized by this species is.not present in the creek. It can be concluded that project construction will not impact the Tar spinymussel. cc: V. Charles Bruton, Ph.D. United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 September 14, 2000 Ms. Karen T. Orthner _ Project Development Engineer Project Development and Environmental Analysis Branch N.C. Division of Highways P.O. Box 25201 Raleigh, NC 27611 Dear Ms. Orthner: Thank you for your letter of August 4, 2000, requesting comments or concurrence from the U.S. Fish and Wildlife Service (Service) on the Survey Report for the federally listed dwarf-wedge mussel (Alasmidonta heterodon) and the Tar spinymussel (Elliptio steinstansana) in Stoney Creek, Nashville, Nash County, North Carolina (TIP No. B-3495). This report is provided 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 of 1973, as amended (16 U.S.C. 1531-1543). The Service considers this survey report to be an accurate representation of the surveys and results for these species, and their habitats. Based on the information provided, the Service concurs that this project, implemented as described, is "Not Likely to Adversely Effect" the dwarf-wedge mussel and will have "No Effect" on the Tar spineymussel. Note, however, that this concurrence applies only to the referenced species up to the date of the report. Should additional information become available relative to other listed species, or the referenced species, additional surveys may be required. The Service appreciates the opportunity to comment on this document. Please advise us of any changes in project plans. If you have any questions regarding these comments, contact Tom McCartney at (919) 856-4520, ext. 32. Sincerely Garland B Pardue Ecological Services Supervisor cc: COE, Raleigh, NC (Eric Alsmeyer) FWS/R4:TMcCartney:TM:09/14/00:919/856-4520 extension 32:\B-3495mu.ssl - y Green Sheet Programmatic Categorical Exclusion October 4, 2000 ? A6(1 STATE OF NORTH CAROLINA DEPARTNVIENT OF TRANSPORTATION JAMES B. HUNT JR. GOVERNOR July 11, 2000 MEMORANDUM TO: FROM: Elizabeth L. Lusk, Environmental Biologist Project Development and Environmental Analysis SUBJECT: Natural Resources Technical Report for the proposed replacement of Bridge No. 137 on SR 1435, over Stoney Creek, Nash County, TIP No. B-3495, State Project No. 8.2321501, Federal Aid Project No. BRZ- 1435(2). ATTENTION: Karen T. Orthner, P.E. Project Planning Engineer The attached Natural Resources Technical Report provides inventories and descriptions of the natural resources within the proposed project area, along with analyses of probable impacts likely to occur to these resources as a result of project construction. Pertinent information on wetlands and federally protected species is also provided, with respect to regulatory concerns that must be considered. Please contact me at extension 335 if you have any questions, or need this report copied onto disk format. cc: Hal Bain, Unit Head, Project Development and Environmental Analysis File: B-3495 Wayne Elliot, Unit Head Bridge Replacement Unit DAVID MCCOY SECRETARY TAILING ADDRESS: ROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 548 MAIL SERVICE CENTER ;ALEIGH NC 27699-1548 TELEPHONE: 919-733-3141 FAX: 919-733-9794 WEBSITE: WWW. DOH. DOT STATE. NC. US LOCATION: TRANSPORTATION BUILDING I SOUTH WILMINGTON STREET RALEIGH, NC REPLACE BRIDGE NO. 137 ON SR 1435 OVER STONEY CREEK NASH COUNTY TIP NO. B-3495 STATE PROJECT NO. 8.2321501 FEDERAL AID PROJECT NO. BRZ-1435(2) NATURAL RESOURCES TECHNICAL REPORT B-3495 . NORTH CAROLINA DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS BRANCH ELIZABETH L. LUSK, NATURAL SYSTEMS SPECIALIST July 11, 2000 TABLE OF CONTENTS 1.0 INTRODUCTION 1.1 Project Description 1.2 Methodology 1.3 Terminology and Definitions 1.4 Qualifications of Principal Investigator 2.0 PHYSICAL RESOURCES 2.1 Regional Characteristics 2.2 Soils 2.3 Water Resources 2.3,1 Best Usage Classification 2.3.3 Water Quality 2.3.3.1 Benthic Macroinvertebrate Ambient Network 2.3.3.2 Point and Non-point Source Dischargers _ 2.4 Summary of Anticipated Impacts 3.0 BIOTIC RESOURCES 3.1 Biotic Communities 3.1.2 Disturbed /Maintained Roadside_ 3.1.3 Swamp Hardwood 3.1.4 Bottomland Mixed Pine/Hardwood 3.2 Wildlife 3.2.2 Terrestrial Fauna 3.2.3 Aquatic Fauna 3.3 Summary of Anticipated Impacts 3.3.1 Terrestrial Impacts 3.3.2 Aquatic Impacts 4.0 JURISDICTIONAL TOPICS 4.1 Waters of the United States 4. 1.1 Characteristics of Wetlands and Surface Waters _ 4.1.2 Permits 4.1.2.1 Bridge Demolition 4.1.3 Avoidance, Minimization, Mitigation 4.2 Rare and Protected Species 4.2.1 Federally-Protected Species 4.2.2 Federal Species of Concern and State Listed Species 5.0 REFERENCES APPENDIX A Figure 1. Project Vicinity Map Table 1. Estimated Terrestrial Impacts ................................................................. Table 2. Federally Protected Species for Caldwell County .................................. Table 3. Federal Species of Concern for Nash County ......................................... 1 1 1 2 2 3 3 3 3 4 5 5 5 5 6 6 7 7 7 7 8 8 9 9 9 10 10 10 11 11 11 12 13 13 15 1 ....................................9 ......:...........................13 ..................................14 ii 1.0 INTRODUCTION The following Natural Resources Technical Report is submitted to assist in the preparation of a Categorical Exclusion (CE) for the proposed project. The purpose of this report is to inventory and describe the natural resources which occur within the proposed right-of-way boundaries and which are likely to be impacted by the proposed action. Assessments of the nature and severity of probable impacts to these natural resources are provided, along with recommendations for measures that will minimize resource impacts. This report identifies areas of particular environmental concern that may affect the selection of a preferred alignment or may necessitate changes in design criteria. Such environmental concerns should be addressed during the preliminary planning stages of the proposed project in order to maintain environmental quality in the most efficient and effective manner. The analyses contained in this document are relevant only in the context of the existing preliminary project boundaries and design. If design parameters and criteria change, additional field investigations may be necessary. 1.1 Project Description The proposed project crosses Stoney Creek (Figure 1). The project calls for the replacement of Bridge No. 137 on SR 1435 over Stoney Creek in Nash County. The proposed structure, a two-lane bridge with a 24-foot wide travelway and 3-foot offsets, will replace the existing two-lane structure, consisting of a 26.2-foot wide deck and 19-foot approach roadways with grassed shoulders. The proposed right-of-way for this project is 80 feet (24 meters). Project length is 1,020 feet (31 lmeters). The proposed project replaces Bridge No. 137 over SR 1435 with a 160-foot long bridge at the same approximate location and roadway elevation. Traffic will be detoured onto surrounding roads during construction. 1.2 Methodology Research was conducted prior to field investigations. Published resource information pertaining to the project area was gathered and reviewed. Resources utilized in this preliminary investigation of the project area include: • Geological Survey (USGS) quadrangle maps (Nashville). • NCDOT aerial photographs of the project area (1:1200). • USDA Soil Conservation Service, currently known as Natural Resource Conservation Service, Soil Survey of Nash County, North Carolina (1989). • NC Center for Geographic Information and Analysis Environmental Sensitivity Base Maps of Caldwell County (1995). Water resource information was obtained from publications of the Department of Environment, Health and Natural Resources (DEHNR, 1993). Information concerning the occurrence of federal and state protected species in the study area was obtained from the US Fish and Wildlife Service list of protected and candidate species (December 20, 1999) and from the N.C. Natural Heritage Program (NCNHP) database of rare species and unique habitats. NCNHP files were reviewed for documented occurrences of state or federally listed species and locations of significant natural areas. General field surveys were conducted along the proposed alignment by NCDOT Environmental Biologists Elizabeth Lusk, Logan Williams, and Tim Savidge on May 15, 2000. Water resources were identified and their physical characteristics were recorded. Plant communities and their associated wildlife were also identified and described. Terrestrial community classifications generally follow Schafale and Weakley (1990) where possible, and plant taxonomy follows Radford, et al. (1968). Animal taxonomy follows Martof, et al. (1980), Menhenick (1991), Potter, et al. (1980), and Webster, et al, (1985). Vegetative communities were mapped utilizing aerial photography of the project site and on- site surveys. Predictions regarding wildlife community composition involved general qualitative habitat assessment based on existing vegetative communities. Wildlife identification involved using a variety of observation techniques: qualitative habitat assessment based on vegetative communities, active searching, identifying characteristic signs of wildlife (sounds, scat, tracks and burrows). Cursory surveys of aquatic organisms were conducted and tactile searches for benthic organisms were administered as well. An in-water survey was conducted for two species of federally listed endangered mussels. Organisms captured during these searches were identified and then released. . Jurisdictional wetlands were identified and evaluated based on criteria established in the "Corps of Engineers Wetland Delineation Manual" (Environment Laboratory, 1987) and "Guidance for Rating the Values of Wetlands in North Carolina" (Division of Environmental Management, 1995). Wetlands were classified based on the classification scheme of Cowardin, et al. (1979). 1.3 Terminology and Definitions For the purposes of this document, the following terms are used concerning the limits of natural resources investigations. "Project area" denotes the area bounded by the proposed right-of-way limits along the full length of the project alignment. "Project vicinity" is defined as an area extending 0.8 km (0.5 mi) on all sides of the project area, and "Project region" denotes an area equivalent in size to the area represented by a 7.5-minute USGS quadrangle map, i.e. [163.3 sq. km (61.8 sq. mi)], with the project study area occupying the central position. 1.4 Qualifications of Principal Investigator Investigator: Elizabeth L. Lusk Education: Bachelor of Arts, Davidson College Master of Forest Management, Duke University Certification: Registered Forester, #995 Experience: Environmental Biologist, NC DOT, Raleigh, NC, August 1999 to present. Biologist, CZR Environmental Consultants, Wilmington, NC, 1994 to1999. Service Forester, NC Division of Forest Resources, Charlotte, NC, 1992 to 1993. Service Forester, MD Forest Service, Baltimore, MD, 1990 to 1992. Expertise: Bottomland hardwood mitigation, wetland delineation, hydric soil evaluation, biotic community mapping, technical report writing. 2.0 PHYSICAL RESOURCES Soil and water resources that occur in the project area are discussed below with respect to possible environmental concerns. Soil properties and site topography significantly influence the potential for soil erosion and compaction, along with other possible construction limitations or management concerns. Water resources within the project area present important management limitations due to the need to regulate water movement and the increased potential for water quality degradation. Excessive soil disturbance resulting from construction activities can potentially alter both the flow and quality of water resources, limiting downstream uses. In addition, soil characteristics and the availability of water directly influence the composition and distribution of flora and fauna in biotic communities, thus affecting the characteristics of these resources. 2.1 Regional Characteristics Nash County is in the east-central part of North Carolina. It lies on the fall line of North Carolina, the physiographic boundary between the Coastal Plain and the Piedmont. The soils of the two regions intermingle on well-drained landscapes in corridors running north and south through the west-central part of the county. The county is primarily rural, covering a total of 347,161 acres (140,491 hectares). County elevations range from 300 feet (91 meters) in the western and northwestern portions of the Piedmont region to 100 feet (30 meters) on the eastern side or Coastal Plain region of the county. The project elevation is approximately 140 feet (43 meters). The county is drained to the east and southeast by several large streams. Fishing and Swift Creeks drain the northern sections of the county. The Pig Basket, Stoney, and Sapony Creeks drain the central portion. The Tar River and the Toisnot, Turkey, . and Moccasin Creeks drain the southern portion of the county. Surface waters from the Tar River and the Sapony Creek Reservoirs supply the city of Rocky Mount and part of the town of Nashville. 2.2 Soils There is one soil type mapped in the project area. Wehadkee loam (Wh) is a frequently flooded hydric soil. This soil is poorly drained located on low flood plains along streams. Typically, the surface layer is a grayish brown loam about 5 inches (13 centimeters) thick. Wehadkee soil has a very slow surface runoff. Permeability and availability water capacity are moderate. The water table is at or near the surface during all but the driest months. This soil is susceptible to flooding after prolonged rains and ponding between rains. The main limitations of this soil are flooding and high water table. The Wehadkee soil is in capability class VIw. 2.3 Water Resources This Section contains information concerning surface water resources likely to be impacted by the proposed project. Water resource assessments include the best usage classifications, physical characteristics, and water quality aspects of the water resources, along with their relationship to major regional drainage systems. Probable impacts to surface water resources are also discussed, as are means to minimize impacts. Most federal government agencies use a system of defining watersheds that is different from that used by the Division of Water Quality (DWQ). Under this approach, a nationally uniform hydrologic unit system was developed in 1974 by the US Geological Survey's (USGS) Office of Water Data Coordination. This 3 system divides the country into 21 regions, 222 subregions, 352 accounting units and 2,149 cataloging (hydrologic) units based on surface hydrologic features. Under the federal system, the Tar-Pamlico River basin is made up of five hydrologic units. Each hydrologic unit is defined by an 8-digit number. By contrast, DWQ has a two-tiered system in which the state is subdivided into 17 river basins, and each basin Js subdivided into subbasins. The Tar-Pamlico River basin is subdivided by DWQ into 8 subbasins. (NCDEM 1999) Consequently, the proposed project is located in USGS Hydrologic Unit 03020101 (Upper Tar River) within DWQ subbasin 03-03-02 (Upper Tar River and Swift Creek) of the DWQ Tar-Pamilico River Basin. The Tar-Pamilico River Basin is the 4th largest river basin in North Carolina. This river basin covers an area of 5,440 square miles, encompassing 16 counties and 51 municipalities, including North Carolina's largest natural lake - Lake Mattamuskeet. The Upper Tar River and Swift Creek subbasin contains an approximate 50-mile stretch of the Tar River from the community of Spring Hope in Nash County to below the confluence of Swift Creek in Edgecombe County. Major towns include Henderson, Nashville, and Rocky Mount. This subbasin also contains the entire Swift Creek catchment. Streams in this subbasin are within the Piedmont ecoregion. The majority of the land cover within this subbasin is forest/wetland, followed by cultivated cropland. (NCDEM 1999) 2.3.1 Best Usage Classification The single water resource within the. study area is located in the Tar-Pamilico River Drainage Basin. Via Bridge No. 137, SR 1435 crosses Stoney Creek, a tributary to the Tar River. Streams in North Carolina have been assigned a best usage classification by the Division of Water Quality (DWQ), formerly Division of Environmental Management (DEM). This classification reflects water quality conditions and potential resource usage. Stoney Creek [DEM Index No. 28-68, 1/1/90] is classified as C NSW. Class C refers to waters protected for secondary recreation, fishing, wildlife, fish and aquatic life propagation. and survival, agriculture and other uses suitable for Class C. Secondary recreation includes wading, boating, and other uses involving human body contact with water where such activities take place in an infrequent, unorganized, or incidental manner. There are no restrictions on watershed development activities. Nutrient Sensitive Waters (NSW) is a supplemental classification intended for waters needing additional nutrient management due to their being subject to excessive growth of microscopic or macroscopic vegetation. In general, management strategies for point and nonpoint source pollution control require no increase in nutrients over background levels. No waters classified as High Quality Waters (HQW), Water Supplies (WS-1 or WS-II) or Outstanding Resource Waters. (ORW) occur within 0.6 mile (1.0 km) of the project study area. 2.3.2 Physical Characteristics of Surface Waters There is one water resource in the project area. Stoney Creek at SR 1435 is approximately 13.7 in (45.0 ft) wide and is 0.9 to 1.2 meters (3.0 to 4.0 feet) deep. The creek has substrate composed primarily of silt and sand. The water is not clear, most likely due to the natural tannins in the area. Water flow was slow on the day of the site.visit. However, there is evidence of greater flow. This stream was greatly affected by Hurricane Floyd as evidenced by the new rip-rap and fresh seeding on all four banks. The stream banks display significant scouring on both sides of the bridge. As a result, many undermined mature hardwoods have fallen across the stream and there are a few newly created sandbars in the steam. 4 2.3.3 Water Quality This Section describes the quality of the water resources within the project area. Potential sediment loads and toxin concentrations of these waters from both point sources and nonpoint sources are evaluated. Water quality assessments are made based on published resource information and existing general watershed characteristics. These data provide insight into the value of water resources within the project area to meet human needs and to provide habitat for aquatic organisms. 2.3.3.1 Benthic Macroinvertebrate Ambient Network The Basinwide Monitoring Program, managed by the DWQ, is part of an ongoing ambient water quality-monitoring program that addresses long-term trends in water quality. The program monitors ambient water quality by sampling at fixed sites for selected benthic macroinvertebrates organisms, which are sensitive to water quality conditions. Samples are evaluated on the number of taxa present of intolerant groups [Ephemeroptera, Plecoptera, Trichoptera (EPT)] and a taxa richness value (EPT S) is calculated. A biotic index value is also calculated for the sample that summarizes tolerance data for all species in each collection. The two rankings are given equal weight in final site classification. The biotic index and taxa richness values primarily reflect the effects of chemical pollution and are a poor measure of the effects of such physical pollutants as sediment. There are no benthic monitoring stations on Stoney Creek in or above the project area. 2.3.3.2 Point and Non-point Source Dischargers Point source discharge is defined "as any discharge that enters surface waters through a pipe, ditch or any other well-defined point. The term commonly refers to discharges associated with wastewater treatment plant facilities. In addition, discharges from stormwater collection systems at industrial sites and in large urban areas are now considered point source discharges" (DEM, 1993). Point source dischargers located throughout North Carolina are permitted through the National Pollutant Discharge Elimination System (NPDES) program. Any discharger is required to register for a permit. No registered point source dischargers are located in or directly upstream from the project study area. Non-point source discharge refers to runoff that enters surface waters through stormwater or snowmelt (DEM, 1993). Agricultural activities may serve as a source for various forms of non-point source pollutants. Land clearing and plowing disturbs soils to a degree where they are susceptible to erosion, which can lead to sedimentation in streams. Sediment is the most widespread cause of non- point source pollution in North Carolina (DEM, 1993). Pesticides, chemical fertilizers, and land application of animal wastes can be transported via runoff to receiving streams and potentially elevate concentrations of toxic compounds and nutrients. Animal wastes can also be source of bacterial contamination and elevate biochemical oxygen demand (BOD). Drainage ditches on poorly drained soils contributes to the influence of stormwater pollutants into surface waters (DEM, 1993). 2.4 Summary of Anticipated Impacts Impacts to water resources in the project area are likely to result from activities associated with project construction. Activities likely to result in impacts are clearing and grubbing on streambanks, riparian canopy removal, instream construction, fertilizers and pesticides used in revegetation, and 5 pavement installation. The following impacts to surface water resources are likely to result from the above mentioned construction activities. • Increased sedimentation and siltation downstream of the crossing and increased erosion in the project area. • Changes in light incidence and water clarity due to increased sedimentation and vegetation removal. • Alteration of water levels and flows due to interruptions and/or additions to surface and ground water flow from construction. • Changes in and destabilization of water temperature due to vegetation removal. • Increased nutrient loading during construction via runoff from exposed areas. • Increased concentrations of toxic compounds in roadway runoff. • Increased potential for release of toxic compounds such as fuel and oil from construction equipment and other vehicles. • Alteration of stream discharge due to silt loading and changes in surface and groundwater drainage patterns. In order to minimize potential impacts to water resources in the project area, NCDOT's Best Management Practices for the Protection of Surface Waters will be strictly enforced during the construction phase of the project. Impacts can be further reduced by limiting instream activities and revegetating stream banks immediately following the completion of grading. 3.0 BIOTIC RESOURCES Biotic resources include terrestrial and aquatic communities. This Section describes the biotic communities encountered in the project area, as well as the relationships between fauna and flora within these communities. The composition and distribution of biotic communities throughout the project area are reflective of topography, soils, hydrology, and past and present land uses. Descriptions of the terrestrial systems are presented in the context of plant community classifications. These classifications follow Schafale and Weakley (1990) where possible. Representative animal species that are likely to occur in these habitats (based on published range distributions) are also cited. Scientific nomenclature and common names (when applicable) are provided for each animal and plant species described. Subsequent references to the same organism refer to the common name only. Fauna observed during the site visit are denoted in the text with an asterisk (*). 3.1 Biotic Communities Biotic communities include 'terrestrial and aquatic elements. Much of the flora and fauna described within biotic communities utilize resources from adjacent communities, making boundaries between contiguous communities difficult to define. There are three terrestrial communities located in the project area: disturbed/maintained roadside, swamp hardwood, and bottomland mixed pine/hardwood. 6 3.1.2 Disturbed /Maintained Roadside This maintained community is located on the all sides of the existing bridge and will be impacted by the bridge replacement. It has recently been reestablished due to Hurricane Floyd damage repairs conducted in the vicinity. Because of mowing and the use of herbicides this community is kept in a constant state of early succession. The dominant species in this community are the recently-planted fescue (Festuca. sp.), Carex (Carex squarosa), knot weed (Polygonum pensylvanicum), vetch (Vicea sp.), wild onion (Allium canadense), pokeweed (Phytolacca americana), woods violet (Viola sp.), poison ivy (Toxicodendron radicans), Japanese honeysuckle (Lonicera japonica), and panic grass (Panicum sp.). 3.1.3 Swamp Hardwood This wooded community is located on the western side of the bridge on both sides of Stoney Creek. This community qualifies as a jurisdictional wetland. The vegetation is strongly influenced by the surface water which was present during the site visit and is, most likely present throughout the year. The dominant herbaceous species found in this community include jewelweed (Impatiens capensis), lizard tail (Saururus cernuus), mayapple (Podophyllum peltatum), and pokeweed (Phytolacca americana). Vines identified here include poison ivy, greenbrier (Smilax rotundifolia), Japanese honeysuckle, Virginia creeper (Parthenocissus quinquefolia), Muscadine grape (Vitus rotundifolia), and trumpet creeper (Campsis radicans). The dominant. plants found in the shrub layer are privet (Ligustrum sinense), blackberry (Rubus sp.), and elderberry (Sambucus canadensis). Tree species observed include American elm (Ulmus americana), green ash (Fraxinus pennsylvanica), black walnut (Juglans nigra), sycamore (Platinus deltoides), red maple (Acer rubrum), sweet gum (Liquidambar styraciflua), black willow (Salix nigra), black oak (Quercus velutina), and yellow poplar (Liriodendron tulipifera). 3.1.4 Bottomland Mixed Pine/Hardwood This community is located on the eastern side of the bridge on both sides of Stoney Creek. It is somewhat similar to the Swamp Hardwood Community in species composition, but it lacks the surface water observed during the site visit. Nevertheless, this community is also a jurisdictional wetland. A high water table and frequent overbank flooding exerts a strong influence on the vegetation. Dominant herbaceous species observed include jewelweed, lizard tail, woods violet, knotweed, may apple, and Asiatic grass. In addition to the vines found in the Swamp Hardwood Community, greenbrier (S. bona- nox) is also present in this community. Dominant shrubs include blackberry, elderberry, pokeweed, and privet. Tree species observed include swamp chestnut oak (Q. michauxii), slash pine (Pinus elliottii), green ash, mulberry (Morus rubra), black gum (Nyssa sylvatica), black oak, sweet gum, and red maple. 3.2 Wildlife Many faunal species are highly adaptive and may utilize all biotic communities previously discussed. Generally, the community boundaries are abrupt, with little transitional area between them. Nearly all of the forested parcels within the project area have received some degree of impact by human activities. 7 3.2.2 Terrestrial Fauna Because all of the habitats in the project area are disturbed, the faunal component is expected to consist mostly of opportunistic animals, which are able to adapt to the edge habitats created by disturbance. Conversely, species that require large undisturbed forests are likely to be absent. Herbivorous mammals, such as white-tailed deer (Odocoileus virginiana)* and eastern cottontail rabbit (Sylvilagus floridanus) frequent the vegetatively diverse edges of disturbed area and community borders. Abundant food and shelter are available from the forested community, including mast, leaves, berries, and insects. The Rufous-sided towee (Pipilo erythrophtalmus)* can be found foraging on the ground in the duff layer. Primarily bird species, such as the belted kingfisher (Megaceryle alcyon)*, great-crested flycatcher (Myiarchus crinitus)*, indigo bunting (Passerina cyanea)*, American crow (Corvus brachyrhynchos)*, morning dove (Zenaida macroura)*, Carolina chickadee (Parus carolinensis)*, and northern cardinal (Cardinalis cardinalis)* utilize the tree canopy. However, gray squirrel (Sciurus carolinensis), raccoon (Procyon ltor)*, Virginia opossum (Didelphis virginiana), grey treefrog (Hyla chrysoscelis), and eastern fence lizard (Sceloporus undulatus) also utilize this stratum. Many of the ground-dwelling species, including worm snake (Carphophis amoenus), southeastern crowned snake (), southeastern shrew (Blarina carolinensis), and woodland vole (Microtus pinetorum) are fossorial (living in burrows). Other species occupying the forest floor include the ground nesting ovenbird (Seiurus aurocapillus), Rufous-sided towee (Pipilo erythrophtalmus)*, American toad (Bufo americanus), ground skink (Scincella. lateralis), and eastern box turtle (Terrapene carolina). Earthworms, insects and other invertebrates constitute the majority of these species' diets. The woodland vole and eastern box turtle consume mainly plant material and fungi. Several butterfly species were observed, including the spicebush swallowtail (Papilio troilus), silver spotted skipper (Epargyreus clarus), violet dancer damselfly (Argia fumipennis). Top predators expected to occur here include various hawks (Accipiter sp. and Buteo sp.) and copperhead snakes (Agkistrodon contortix). A couple of red-shouldered hawks (Buteo lineatus)* were observed during the site visit. These species are important in maintaining populations of rodents, small birds, and other animals. Because of the open, relatively non-stratified nature of maintained/disturbed communities such as the roadside habitats, resident vertebrate fauna, are generally small in size. These small mammals are important prey items for the black rat snake (Elaphe constrictor), red fox (Vulpus vulpes), red-tailed hawk (Bueto jamacensis), and other birds of prey. 3.2.3 Aquatic Fauna This community consists of Stoney Creek. The physical characteristics (size and water quality) of the stream, as well as the adjacent terrestrial community, directly influence faunal composition of this aquatic community. The project area's surface water can be expected to provide habitat for a limited number of aquatic organisms. There were several piles of woody debris, which also provide habitat, shade, and concealment pockets for several aquatic species. Mayflies (Ephemeroptera)* and midges (Chinonomidae sp.)* were observed on submerged woody debris within the project vicinity upstream of the bridge. Other insects observed in this community during the site visit include whirly-gig beetles (Gyrinus limbatus)*, dragonflies (Odonta sp.)*, and mosquito larvae (Culicidae sp.)*. Fish species observed either within the project area or upstream of the project within 8 the project vicinity include blue gill (Leponis macrochirus)*, largemouth bass (Micropterus salmoides)*, and mosquito fish (Ganfusia affnis)*. Three turtle species were observed: Eastern mud turtle (Kinosternon subrubrum)*, snapping turtle (Chelydra serpentina)*, and the yellow belly slider (Chrysemys scripta)*. Other aquatic wildlife observed includes the northern cricket frog (Acris crepitans)), mussels (Elliptio spp.), Campeloma snail (Canspeloma decisum), and Asiatic clam (Corbicula fluminea). 3.3 Summary of Anticipated Impacts Construction of the proposed project will have various impacts on the biotic resources described. Any construction related activities in or near these resources have the potential to impact biological functions. This Section quantifies and qualifies potential impacts to the natural communities within the project area in terms of the area impacted and the organisms affected. Since there is no on-site temporary detour, all impacts are presented as permanent impacts. 3.3.1 Terrestrial Impacts Impacts to terrestrial communities will result from project construction due to the widening, clearing, and paving of portions of the project area, and thus the loss of community area. Table 1 summarizes potential losses to these communities, resulting from project construction. Calculated impacts to terrestrial communities reflect the relative abundance of each community present in the study area. Estimated impacts are derived based on the project lengths described in Section 1.1 where they intersect with the natural communities, and the entire proposed right-of-way width of 80.0 feet (24.4 meters) for the bridge replacement. However, project construction often does not require the entire- right-of-way; therefore, actual impacts may be considerably less. Table 1. Estimated Terrestrial Impacts Community Permanent Impacts Wetland Upland Totals - Maintained/Disturbed -- 0.27 ha (0.67 ac) 0.27 ha (0.67 ac) Swamp Hardwood 0.11 ha (0.27 ac) -- 0.11 ha (0.27 ac) Bottomland Mixed Pine/Hardwood Forest 0.11 ha (0.27 ac) -- 0.11 ha (0.27 ac) Totals 0.22 ha (0.54 ac) 0.27 ha (0.67 ac) 0.49 ha (1.21 ac) 3.3.2 Aquatic Impacts Impacts to the aquatic community of Stoney Creek will result from the replacement of Bridge No. 137. Impacts are likely to result from the physical disturbance of aquatic habitats (i.e. substrate and water quality). Disturbance of aquatic habitats has a detrimental effect on aquatic community composition by reducing species diversity and the overall quality of aquatic habitats. Physical alterations to aquatic habitats can result in the following impacts to aquatic communities. • Inhibition of plant growth. • Clogging of feeding structures of filter-feeding organisms and gills of fish • Burial of benthic organisms 9 Algal blooms resulting from increased nutrient concentrations, which deplete dissolved oxygen supplies Loss of benthic macroinvertebrates through scouring resulting from an increased sediment load. Increased water temperatures due to removal of riparian canopy Impacts to aquatic communities can be minimized by strict adherence to BMP's. 4.0 JURISDICTIONAL TOPICS This Section provides inventories and impact analyses pertinent to two significant regulatory issues: Waters of the United States and rare and protected species. These issues retain particular significance because of federal and state mandates that. regulate their protection. This Section deals specifically with the impact analyses required to satisfy regulatory authority prior to project construction. 4.1 Waters of the United States Surface waters and wetlands fall under the broad category of "Waters of the United States" (Waters of the US), as defined in Section 33 of the Code of Federal Register (CRF) Part 328.3. Any action that proposes to dredge or place fill material into surface waters or wetlands falls under the jurisdiction of the U.S. Army Corps of Engineers (COE) under Section 404 of the Clean Water Act (33 U.S.C. 1344). Surface waters include all standing or flowing waters which have commercial or recreational value to the public. Wetlands are identified based on the presence of hydric soils, hydrophytic vegetation, and saturated or flooded conditions during all or part of the growing season. 4. 1.1 Characteristics of Wetlands and Surface Waters Potential wetlands were evaluated using the criteria specified in the 1987 "Corps of Engineers Wetlands Delineation Manual." For an area to be considered a "wetland", the following three specifications must be met: 1. presence of hydric soils, 2. presence of hydrophytic vegetation, and 3. hydrology or signs of hydrology. There are wetlands in the project area on both sides of Stoney Creek. According to Cowardin's classification system, the Swamp Hardwood Community on the west side of the bridge is a PSSIC wetland type (palustrine, shrub-scrub, broad-leaved deciduous, seasonally flooded) and the Bottomland Mixed Pine/Hardwood Community on the east side is a PFOIA wetland type (palustrine, forested, broad- leaved deciduous, temporarily flooded) (Cowardin et al, 1979). Both wetland types are of medium quality. Wetland impacts for the replacement of the bridge are approximately 0.54 ac (0.22) [Table 1]. Vol Impacts to jurisdictional surface waters are calculated based on the linear feet of the stream that are located within the proposed right-of-way. A length of 80.0 feet (24.4 meters) of Stoney Creek and 0.09 ac (0.04 ha) of streambed may be permanently or temporarily impacted by the proposed bridge replacement. 10 4.1.2 Permits Impacts to jurisdictional surface waters are anticipated from the proposed project. As a result, construction activities will require permits and certifications from various regulatory agencies in charge of protecting the water quality of public water resources A Nationwide Permit 33 CFR 330.5(a) (23) is likely to be applicable for all impacts to Waters of the United States resulting from the proposed project. This permit authorizes activities undertaken, assisted, authorized, regulated, funded or financed in whole, or part, by another Federal agency or department where that agency or department has determined that pursuant to the council on environmental quality regulation for implementing the procedural provisions of the National Environmental Policy Act: (1) that the activity, work, or discharge is categorically excluded from environmental documentation because it is included within a category of actions which neither individually nor cumulatively have a significant effect on the human environment, and; (2) that the office of the Chief of Engineers has been furnished notice of the agency's or department's application for the categorical exclusion and concurs with that determination. This project will also require a 401 Water Quality Certification from the DWQ prior to the issuance of the Nationwide Permit. Section 401 of the Clean Water Act requires that the state issue or deny water certification for any federally permitted or licensed activity that may result in a discharge to Waters of the United States. Section 401 Certification allows surface waters to be temporarily impacted for the duration of the construction or other land manipulation. The issuance of a 401 permit from the DWQ is a prerequisite to issuance of a Section 404 permit. Projects located within the Tar-Pamlico River Basin are subject to the recently-developed Tar- Pamlico Buffer Rule, administered by the DWQ. These rules address loss of stream channel buffers for field verified streams appearing on the USGS Topographic Quad and/or the NRCS Soil Survey. Bridge construction is allowable provided that there are "no practical alternatives". As this bridge replacement project is currently proposed, it is allowable under the Tar-Pamlico Buffer Rule. However, a written authorization is required from the DWQ. A request to the DWQ for the authorization should be included in the cover letter of the permit application package. 4.1.2.1 Bridge Demolition Bridge No. 137 is located on SR 1435 over Stoney Creek in Nash County. The superstructure is composed entirely of timber and steel, which will be removed without dropping any components into Waters of the US. The substructure consists of concrete posts and beams. There is potential for the posts and beams to be dropped into Waters of the US. The resulting temporary fill associated with the concrete posts and beams may be approximately 12 cubic yards. 4.1.3 Avoidance, Minimization, Mitigation The COE has adopted through the Council on Environmental Quality (CEQ) a wetland mitigation policy which embraces the concept of "no net loss of wetlands" and sequencing. The purpose of this policy is to restore and maintain the chemical, biological and physical integrity of Waters of the United States, specifically wetlands. Mitigation of wetland impacts has been defined by the CEQ to 11 include: avoiding impacts (to wetlands), minimizing impacts, rectifying impacts, reducing impacts over time and compensating for impacts (40 CFR 1508.20). Each of these three aspects (avoidance, minimization and compensatory mitigation) must be considered sequentially. Avoidance mitigation examines all appropriate and practicable possibilities of averting impacts to Waters of the United States. According to a 1990 Memorandum of Agreement (MOA) between the Environmental Protection Agency (EPA) and the COE, in determining "appropriate and practicable" measures to offset unavoidable impacts, such measures should be appropriate to the scope and degree of those impacts and practicable in terms of cost, existing technology and logistics in light of overall project purposes. Minimization includes the examination of appropriate and practicable steps to reduce the adverse impacts to Waters of the United States. Implementation of these steps will be required through project modifications and permit conditions. Minimization typically focuses on decreasing the footprint of the proposed project through the reduction to median widths, right-of-way widths, fill slopes and/or road shoulder widths. Compensatory mitigation is not normally considered until. anticipated impacts to Waters of the United States have been avoided and minimized to the maximum extent possible. It is recognized that "no net loss of wetlands" functions and values may not be achieved in each and every permit action. Appropriate and practicable compensatory mitigation is required for unavoidable adverse impacts that remain after all appropriate and practicable minimization has been required. Compensatory actions often include restoration, creation and enhancement of Waters of the United States, specifically wetlands. Such actions should be undertaken in areas adjacent to or contiguous to the discharge site. Compensatory mitigation is required for those projects authorized under Nationwide Permits that result in the fill or alteration of. • More than 0.45 ha (1.0 ac) of wetlands; • And/or more than 45.7 in (150.0 linear ft) of streams. Compensatory mitigation may be required for those projects authorized under Nationwide Permits that result in the fill or alteration of. more than .05 ha (0.1 ac) of wetlands or streams. Because the wetlands impacted by this project total less than 0.45 ha (1.0 ac) and are not high quality wetlands, no mitigation requirement is anticipated. However, final permit/mitigation decisions rest with the COE. 4.2 Rare and Protected Species Some populations of fauna and flora have been in, or are in, the process of decline either due to natural forces or their inability to coexist with human development. Federal law (under the provisions of the Endangered Species Act of 1973, as amended) requires that any action, likely to adversely affect a species classified as federally-protected, be subject to review by the United States Fish and Wildlife Service (USFWS). Other species may receive additional protection under separate state laws. 12 4.2.1 Federally-Protected Species Plants and animals with federal classifications of Endangered (E), Threatened (T), Proposed Endangered (PE), and Proposed Threatened (PT) are protected under the provisions of Section 7 and Section 9 of the Endangered Species Act of 1973, as amended. As of December 20, 1999, the FWS lists three federally protected species for Nash County (Table 2). Brief descriptions of the characteristics and habitat requirements for these species are included as Appendix A. Table 2. Federally Protected Species for Caldwell County. Scientific Name Common Name Status Alasmidonta heterodon dwarf wedge mussel E Elliptio steinstansana Tar spinymussel E Picoides borealis red-cockaded woodpecker E An "E" status denotes a species in danger of extinction throughout all or a significant portion of its range. Biological Conclusions of "No Effect" were found for the Tar spiny mussel and the red- cockaded woodpecker. Although, no active populations of the dwarf wedge mussel have been reported from the project vicinity, favorable habitat does exist for this species and there is record of a historical population. According to a May 18, 2000 memo from Mr. Tim Savidge (protected species specialist for the NC DOT) a Biological Conclusion of "Not Likely to Adversely Affect" is issued at this time for the dwarf wedged mussel. However, another survey should be conducted within one year preceding. construction. A review of the NHP database of rare species and unique habitats shows no occurrences of federally protected species in the project study area. 4.2.2 Federal Species of Concern and State Listed Species There are eight federal species of concern listed by the USFWS for Nash County (Table 3). Federal species of concern (FSC) are not afforded federal protection under the Endangered Species Act and are not subject to any of its provisions, including Section 7, until they are formally proposed or listed as Threatened or Endangered. However, the status of these species is subject to change, and so should be included for consideration. Federal Species of Concern are defined as species that are under consideration for listing for which there is insufficient information to support listing. In addition, organisms which are listed as Endangered (E), Threatened (T), or Special Concern (SC) by the North Carolina Natural Heritage Program (NCNHP) list of Rare Plant and Animal Species are afforded state protection under the NC State Endangered Species Act and the NC Plant Protection and Conservation Act of 1979. Table 3 lists the FSC, the state status of these species (if afforded state protection), and the potential for suitable habitat in the project area for each species. A review of the NCNHP database of rare species and unique habitats shows no occurrence of FSC species within 1.0 mi (1.6 km) the project study area. This species list is provided for information purposes as the protection status of these species may be upgraded in the future. 13 Table 3. Federal Species of Concern for Nash County Scientific Name Common Name Lythrurus matuinus Elliptio lanceolata Fusconaia masoni Lampsilis cariosa Pinewoods shiner Yellow lance Atlantic pigtoe Yellow lampmussel NC Status Habitat Yes, a population was SR observed upstream May 11, 2000 T/PE Yes T/PE Yes T/PE Yes Lasmigona subviridis Green floater +, E Yes Speyeria dana Diana fritillary butterfly SR* Yes Lilium iridollae Sandhills bog lily T No Trillium pusillum var. pusillum Carolina least trillium E No NOTE: NC Status: "E"--An Endangered species is one whose continued existence as a viable component of the State's flora is determined to be in jeopardy. "T"--A Threatened species is one which is likely to become endangered species within the foreseeable future throughout all or a significant portion of its range. "SR"--A Significantly Rare species is one which is very rare in North Carolina, generally with 1-20 populations in the state, generally substantially reduced in numbers by habitat destruction, direct exploitation or disease. The species is generally more common elsewhere in its.range, occurring peripherally in North Carolina. "/P_"--denotes a species which has been formally proposed for listing as Endangered, Threatened, or Special Concern, but has not yet completed the listing process. * -- Historic record - the species was last observed in the county more than 50 years ago. 14 5.0 REFERENCES American Ornithologists' Union. 1983. Check-List of North American Birds (6th ed.). Lawrence, Kansas, Allen Press, Inc. Amoroso, J.L. 1999. Natural Heritage Program List of the Rare Plant Species of North Carolina. North Carolina Natural Heritage Program. Raleigh, N.C. Cowardin, Lewis M., V. Carter, F.C. Golet, and E.T. LaRoe. 1979. Classifications of Wetlands and Deepwater Habitats of the United States. U.S. Fish and Wildlife Service. U.S. Government Printing Office, Washington D.C. Environmental Laboratory. 1987. Corps of Engineers Wetlands Delineation Manual. Technical report Y-87-1, U.S. Army Engineer Waterways Experiment Station, Vicksburg, Miss. Lee, D.S., J.B. Funderburg, Jr. and M.K. Clark. 1982. A Distributional Survey of North Carolina Mammals. North Carolina Museum of Natural History. Raleigh, N.C. LeGrand, Jr., H.E. and S.P. Hall. 1999. Natural Heritage Program List of the Rare Animal Species of North Carolina. North Carolina Natural Heritage Program. Raleigh, N.C. Martof, B.S., W.M. Palmer, J.R. Bailey and J.R. Harrison III. 1980. Amphibians and Reptiles of the Carolinas and Virginia. Chapel Hill, The University of North Carolina Press. Menhenick, E.F. 1991. The Freshwater Fishes of North Carolina. North Carolina Wildlife Resources Commission. Raleigh, N.C. NCDEM. 1999. Tar-Pamlico Basinwide Water Quality Management Plan. NC Department of Environmental Management, Division of Water Quality Water Quality Section Planning Branch. Raleigh, N.C. NCDEM. 1991. Biological Assessment of Water Quality in North Carolina Streams: Benthic Macroinvertebrate Data Base and Long Term Changes in Water Quality, 1983-1990. Department of Environment, Health and Natural Resources. Raleigh, N.C. NCDEM. 1997. Classifications and Water Quality Standards for North Carolina River Basins. Department of Environment, Health and Natural Resources. Raleigh, N.C. NCWRC. 1990. Endangered Wildlife of North Carolina. North Carolina Wildlife Resources Commission. Raleigh, N.C. Plant Conservation Program. 1999. List of North Carolina's Endangered, Threatened and Candidate Plant Species. North Carolina Department of Agriculture. Raleigh, N.C. Potter, E.F., J.F. Parnell and R.P. Teulings. 1980. Birds of the Carolinas. Chapel Hill, The University of North Carolina Press. 15 Radford, A.E., H.E. Ahles and G.R. Bell. 1968. Manual of the Vascular Flora of the Carolinas. Chapel Hill, The University of North Carolina Press. Schafale, M.P. and A.S. Weakley. 1990. Classification of the Natural Communities of North Carolina. Third Approximation. North Carolina Natural Heritage Program, Division of Parks and Recreation, NCDEHNR. Raleigh, N.C. USDA, 1986. Soil Survey of Caldwell County North Carolina. US Department of Agriculture, Soil Conservation Service. Webster, W.D., J.F. Parnell and W.C. Biggs. 1985. Mammals of the Carolinas, Virginia and Maryland. Chapel Hill, The University of North Carolina Press. 16 APPENDIX A Descriptions of Federally Protected Species found in Nash County, NC Alasmidonta heterodon (dwarf wedge mussel) Endangered Animal Family: Unionidae Date Listed: 3/14/90 Distribution in N.C.: Franklin, Granville, Halifax, Johnston, Nash, Vance, Wake, Warren, Wilson. The dwarf wedge mussel is a small mussel having a distinguishable shell noted by two lateral teeth on the right half and one on the left half. The periostracum (outer shell) is olive green to dark brown in color and the nacre (inner shell) is bluish to silvery white. Populations of the dwarf wedge mussel in North Carolina have been found portions of the Neuse River and Tar-Pamlico River Basins. This mussel is sensitive to agricultural, domestic, and industrial pollutants and requires a stable silt free streambed with well-oxygenated water to survive. Biological Conclusion Not Likely to Adversely Effect Stoney Creek was surveyed for dwarf wedge mussel on May 15, 2000 by NCDOT environmental biologists Tim Savidge and Logan Williams. Although there is favorable habitat in the project area, no individuals of this species were found. (See Mussel Survey Memo dated May 30, 2000). Elliptio steinstansana (Tar spinymussel) Endangered Animal Family: Unionidae Date Listed: 7/29/85 Distribution in N.C.: Edgecombe, Franklin, Halifax, Nash, Pitt, Vance, Warren. Populations of the Tar spinymussel in North Carolina have been found portions of the Neuse River and Tar-Pamlico River Basins. This mussel requires a stream with fast flowing, well- oxygenated, circumneutral pH water. The bottom is composed of uncompacted gravel and coarse sand. The water needs to be relatively silt-free. It is known to rely on a species of freshwater fish to act as an intermediate host for its larvae. The Tar spinymussel is a very small mussel. This mussel is named for its spines which project perpendicularly from the surface and curve slightly ventrally. As many as 12 spines can be found on the shell which is generally smooth in texture. The nacre is pinkish (anterior) and bluish-white (posterior). Biological Conclusion No Effect Stoney Creek was surveyed for Tar spinymussel on May 15, 2000 by NCDOT environmental biologists Tim Savidge and Logan Williams. Although there is marginal habitat in the project area, no individuals of this species were found. (See Mussel Survey Memo dated May 30, 2000). A-1 Picoides borealis (red-cockaded woodpecker) Endangered Animal Family: Picidae Date Listed: 10/13/70 Distribution in N.C.: Anson, Beaufort, Bertie, Bladen, Brunswick, Camden, Carteret, Chatham, Columbus, Craven, Cumberland, Dare, Duplin, Forsyth, Gates, Halifax, Harnett, Hertford, Hoke, Hyde, Johnston, Jones, Lee, Lenoir, Montgomery, Moore, Nash, New Hanover, Northhampton, Onslow, Orange, Pamlico, Pender, Perquimans, Pitt, Richmond, Robeson, Sampson, Scotland, Tyrrell, Wake, Wayne, Wilson. The adult red-cockaded woodpecker (RCW) has a plumage that is entirely black and white except for small red streaks on the sides of the nape in the male. The back of the RCW is black and white with horizontal stripes. The breast and underside of this woodpecker are white with streaked flanks. The RCW has a large white cheek patch surrounded by the black cap, nape, and throat. The RCW uses open old growth stands of southern pines, particularly longleaf pine (Pinus palustris), for foraging and nesting habitat. A forested stand must contain at least 50% pine, lack a thick understory, and be contiguous with other stands to be appropriate habitat for the RCW. These birds nest exclusively in trees that are >60 years old and are contiguous with pine stands at least 30 years of age. The foraging range of the RCW is up to 200.0 ha (500.0 ac). This acreage must be contiguous with suitable nesting sites. These woodpeckers nest exclusively in living pine trees and usually in trees that are infected with the fungus that causes red-heart disease. Cavities are located in colonies from 3.6-30.3 in (12.0-100.0 ft) above the ground and average 9.1- 15.7 m (30.0-50.0 ft) high. They can be identified by a large incrustation of running sap that surrounds the tree. The RCW lays its eggs in April, May, and June; the eggs hatch approximately 38 days later. Biological Conclusion No Effect During the May 15, 2000 site visit, no suitable habitat was observed in the project vicinity. A-2 S. y STATE OF NORTH CAROLINA DEPARTNIENT OF TRANSPORTATION MICHAEL F. EASLEY LYNDO TIPPETT GOVERINOR SECRETARY November 5, 2001 U.S. Army Corps of Engineers Regulatory Field Office 6508 Falls of Neuse Road Suite 120 Raleigh, NC 27615-6814 B -, E3 . ATTENTION: Ms. Jean Manuele .. 31 { Ci d 3 2 ; NCDOT Coordinator ?._ METER @KG0 MATER UALITY, SFMON SUBJECT: Replacement of Bridge No. 137 on SR 1435, `offer oney Fee ash County, State Project No. 8.2321501, Federal Aid Project No. BRZ-1435(2), TIP No. B- 3495. Dear Ma'am: REFERENCE: Nationwide 23 Permit application, dated October 15, 2001 Project design has changed since the Categorical Exclusion was approved. Current design calls for a temporary causeway to be utilized to construct the new bridge. The permit drawings included in the October 15, 2001 correspondence are current. Please refer to them for design specifications and impacts resulting from the temporary causeway. Temporary impacts from construction of the temporary causeway may total up to 0.01 acres of fill in surface waters (Sheet 6 of 9). The temporary rock causeway is needed to install the interior piers for the bridge. The piers will be drilled shafts. The outline of the causeway is shown on sheet 4 of 9 of the permit drawings. The temporary fill below normal water surface totals 30 cubic yards (shown on sheet 5 of 9). Although the temporary causeway will be constructed of clean rock and will be removed from the streambed to the greatest extent practical without extensive disturbance of the existing streambed after construction, some residual may remain. Construction plans detailing the proposed causeway are depicted in the permit drawings. Therefore, in addition to the Nationwide 23 permit (application submitted October 15, 2001), the NCDOT is also requesting a Section 404 Nationwide Permit 33 (Temporary Construction Access and Dewatering) authorizing the construction of the causeway. Since the temporary causeway is not covered in the CE, the requisite Pre-Construction Notification is MAILING ADDRESS: TELEPHONE: 919-733-3141 NC DEPARTMENT OF TRANSPORTATION FAX: 919-733-9794 _ PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 1548 MAIL SERVICE CENTER WEBSITE: WWW.DOH.DOT. STATE.NC.US RALEIGH NC 27699-1548 - LOCATION: TRANSPORTATION BUILDING 1 SOUTH WILMINGTON STREET RALEIGH NC attached. The provisions of Section 330.4 and Appendix A (C) of these regulations will be followed in the construction of the project. We anticipate that 401 General Water Quality Certification No. 2734 (Categorical Exclusion) will apply to this project, and are providing one copy of the CE document to the North Carolina Department of Environment and Natural Resources, Division of Water Quality, for their review. If you have any questions, please contact Elizabeth L. Lusk at (919) 733-7844, extension 335. /S? iinc/e?rely, g `William D. Gilmore, P.E., Manager Project Development and Environmental Analysis Branch ? Cc: Mr. John Dorney, NCDENR, DWQ Mr. David Cox, NCWRC Mr. Tim Rountree, P.E., Structure Design Unit Mr. John Alford, P.E., Roadway Design Mr. Calvin W. Leggett, P.E., Program Development Ms. Debbie Barbour, P.E., Highway Design Engineer Mr. D.R: Henderson, P.E., Hydraulics Unit Mr. D.R. Dupree, P.E., Division 4 Engineer Ms. Karen Orthner, P.E., Project Planning Engineer Mr. Hal Bain, Unit Head, Project Development and Environmental Analysis File: B-3495 a a Use Only: Form Version October 2001 SACE Action ID No. DWQ No. any particular item is not applicable to this project, please enter "Not Applicable" or "N/A rather than aving the space blank. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit n Section 10 Permit ® 401 Water Quality Certification ® Riparian or Watershed Buffer Rules 2. Nationwide, Regional or General Permit Number(s) Requested: NW 23 & NW 33 3. If this notification is solely a co esy copy because written approval for the 401 Certification is not required, check here: 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (see section VIII - Mitigation), check here: M Applicant Information 1. Owner/Applicant Information Name: NC DOT Mailing Address: 1548 Mail Service Center Raleigh, NC 27699-1548 Telephone Number: 919/733-3141 Fax Number: 919/733-9794 E-mail Address: 2. Agent Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Company Affiliation: Mailing Address: Telephone Number: Fax Number: E-mail Address: Page 1 of 8 • III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: B-3495 2. T.I.P. Project Number or State Project Number (NCDOT Only): B-3495 3. Property Identification Number (Tax PIN): 4. Location County: Nash Nearest Town: Nashville Subdivision name (include phase/lot number): Directions to site (include road numbers, landmarks, etc.): first stream crossing on SR 1435 north of US 64 north of Nashville 5. Site coordinates, if available (UTM or Lat/Long): (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Describe the existing land use or condition of the site at the time of this application: . Same as is proposed 7. Property size (acres): 1.9 acres (project length of 1,020' x ROW width of 80') 8. Nearest body of water (stream/river/sound/ocean/lake): Stoney Creek 9. River Basin: Tar-Pamlico Basin HU 03020101 (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) Page 2 of 8 T 10. Describe the purpose of the proposed work: Replace existing bridge with a new bridge at the same location. 11. List the type of equipment to be used to construct the project: Standard bridize construction equipment 12. Describe the land use in the vicinity of this project: woodland Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application: Proposed Impacts to Waters of the United States/Waters of the State 1 It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also. provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream Page 3 of 8 • mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Wetland Impacts Wetland Impact Site Number (indicate on map) Type of Impact* Area of Impact (acres) Located within 100-year Floodplain** (yes/no) Distance to Nearest Stream (linear feet) Type of Wetland*** 1 Fill 0.006 Yes 0' PSS1C 1 Mech. clearing 0.081 Yes 01 PFOIA ?.,., List each impact separately ana mennry temporary Impacts. rrnpat;ti rut;iuue, uur arc uvr u1111MU w. iucuiairrccu ?i m lis, r. L16, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at http://www.fema.gov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) List the total acreage (estimated) of existing wetlands on the property: Total area of wetland impact proposed: 0.087 acres 2. Stream Impacts, including all intermittent and perennial streams Stream Impact Site Number (indicate on map) Type of Impact* Length of Impact (linear feet) Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? (please specify) 1 Temporary Fill 30' Stoney Creek 45' Perennial List each impact separately ana iaentity temporary impacts. impacts tnciuae, out are not umueu ta: cuivcns alur assvcrarcu „t,-lap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. * Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.us,s.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., ww•w.topozone.com, www.mapquest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 0' permanent (30' temp.) Page 4 of 8 3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other Water of the U.S. Open Water Impact Site Number (indicate on map) Type of Impact* Area of Impact (acres) Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) N/A List eacn impact separately ana iaemny temporary unpact?,. nupduN lnuiuuc, UUt aic uVL iuiuLcu w. 11.,, ?Alala-...., ,.....s...C, flooding, drainage, bulkheads, etc. 4. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): F? uplands E] stream E] wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Size of watershed draining to pond: Expected pond surface area: Impact. Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. 1. Offsite detour avoids impacts from constructing detour bridize. 2 Adherence (as much as possible) to exisiting location avoids new impacts. 3 Replacing bridge with another bridge rather than culvert. Mitigation DWQ = In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to Page 5 of 8 i freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. , Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing; or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetlands/stn-ngide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. Impacts < 0.1 acres therefore no mitigation is required. 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that you would like to pay into the NCWRP. Please note that payment into the NCWRP must be reviewed and approved before it can be used to satisfy mitigation requirements. Applicants will be notified early in the review process by the 401/Wetlands Unit if payment into the NCWRP is available as an option. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.hti-n. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): N/A Amount of buffer mitigation requested (square feet): N/A Amount of Riparian wetland mitigation requested (acres): N/A Amount of Non-riparian wetland mitigation requested (acres): N/A Amount of Coastal wetland mitigation requested (acres): N/A Page 6 of 8 Environmental Documentation (DWQ Only) Does the project involve an expenditure of public funds or the use of public (federal/state/local) land? Yes ® No ? If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ® No ? If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ® No F-I Proposed Impacts on Riparian and Watershed Buffers (DWQ Only) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ® No ? If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (square feet) Multiplier Required Mitigation 1 30 3 None 2 179 1.5 None Total 209 None * Zone 1 extends out su teet perpenaicuiar from near Manx of cnannei; cone L extends an additional 20 feet from the edge of Zone 1. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0260. N/A XI. Stormwater (DWQ Only) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. Per the DOT Roadway Design Standards the paved area on approaches will be increased from 20' to 24' and the bridize will be widened from 26' to 30'. A crown in center of bridge causes water to run off bridge into deck drains in spans 1&3. Funnel drains at the sag points drain storm runoff into wetlands outside of the Buffer Zones. XII. Sewage Disposal (DWQ Only) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. N/A XIII. Violations (DWQ Only) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes No Is this an after-the-fact permit application? Yes F-1 No XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). No federally protected species (Dwarf wedge and Tar-spines mussels) found in Stoney Creek. US FWS say project is "Not Likely to Adversely Affect" dwarf wedge mussel and will have "No Effect" on the Tar spinet/ mussel. Applicant/Agent's Sig ture Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 8 of 8 6 r ,wswt? ?d y. a o+a STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY LYNDO TIPPETT GOVERNOR SECRETARY November 5, 2001 U.S. Army Corps of Engineers Regulatory Field Office 6508 Falls of Neuse Road Suite 120 Raleigh, NC 27615-6814 ATTENTION: Ms. Jean Manuele NCDOT Coordinator SUBJECT: Replacement of Bridge No. 137 on SR 1435, over Stoney Creek, Nash County, State Project No. 8.232150 1, Federal Aid Project No. BRZ-1435(2), TIP No. B- 3495. Dear Ma'am: REFERENCE: Nationwide 23 Permit application, dated October 15, 2001 Project design has changed since the Categorical Exclusion was approved. Current design calls for a temporary causeway to be utilized to construct the new bridge. The permit drawings included in the October 15, 2001 correspondence are current. Please refer to them for design specifications and impacts resulting from the temporary causeway. Temporary impacts from construction of the temporary causeway may total up to O.Olacres of fill in surface waters (Sheet 6 of 9). The temporary rock causeway is needed to install the interior piers for the bridge. The piers will be drilled shafts. The outline of the causeway is shown on sheet 4 of 9 of the permit drawings. The temporary fill below normal water surface totals 30 cubic yards (shown on sheet 5 of 9). Although the temporary causeway will be constructed of clean rock and will be removed from the streambed to the greatest extent practical without extensive disturbance of the existing streambed after construction, some residual may remain. Construction plans detailing the proposed causeway are depicted in the permit drawings. Therefore, in addition to the Nationwide 23 permit (application submitted October 15, 2001), the NCDOT is also requesting a Section 404 Nationwide Permit 33 (Temporary Construction Access and Dewatering) authorizing the construction of the causeway. Since the temporary causeway is not covered in the CE, the requisite Pre-Construction Notification is MAILING ADDRESS: TELEPHONE: 919-733-3141 LOCATION: NC DEPARTMENT OF TRANSPORTATION - FAX: 919-733-9794 - TRANSPORTATION BUILDING PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 1 SOUTH WILMINGTON STREET 1548 MAIL SERVICE CENTER - WEBSITE: WWW.DOH.DOT.STATE. NC.US RALEIGH NC RALEIGH NC 27699-1548 attached. The provisions of Section 330.4 and Appendix A (C) of these regulations will be followed in the construction of the project. We anticipate that 401 General Water Quality Certification No. 2734 (Categorical Exclusion) will apply to this project, and are providing one copy of the CE document to the North Carolina Department of Environment and Natural Resources, Division of Water Quality, for their review. If you have any questions, please contact Elizabeth L. Lusk at (919) 733-7844, extension 335. Sincerely, William D. Gilmore, P.E., Manager D Project Development and Environmental Analysis Branch Cc: Mr. John Dorney, NCDENR, DWQ Mr. David Cox, NCWRC Mr. Tim Rountree, P.E., Structure Design Unit Mr. John Alford, P.E., Roadway Design Mr. Calvin W. Leggett, P.E., Program Development Ms. Debbie Barbour, P.E., Highway Design Engineer Mr. D.R. Henderson, P.E., Hydraulics Unit Mr. D.R. Dupree, P.E., Division 4 Engineer Ms. Karen Orthner, P.E., Project Planning Engineer Mr. Hal Bain, Unit Head, Project Development and Environmental Analysis File: B-3495 f r ffice Use Only: Action ID No. DWQ No. any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than rving the space blank: Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit Section 10 Permit ® 401 Water Quality Certification ® Riparian or Watershed Buffer Rules 2. Nationwide, Regional or General Permit Number(s) Requested: NW 23 & NW 33 3. If this notification is solely a c esy copy because written approval for the 401 Certification is not required, check here: 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (see section VIII - Mitigation), check here: F Applicant Information 1. Owner/Applicant Information Name: NC DOT Mailing Address: 1548 Mail Service Center Raleigh, NC 27699-1548 Telephone Number: 919/733-3141 Fax Number: 919/733-9794 E-mail Address: 2. Agent Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Company Affiliation: Mailing Address: Telephone Number: Fax Number: E-mail Address: Form Version October 2001 Page l of 8 1. III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map. and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: B-3495 2. T.I.P. Project Number or State Project Number (NCDOT Only): B-3495 3. Property Identification Number (Tax PIN): 4. Location County: Nash Nearest Town: Nashville Subdivision name (include phase/lot number): Directions to site (include road numbers, landmarks, etc.): first stream crossing on SR 1435 north of US 64 north of Nashville 5. Site coordinates, if available (UTM or Lat/Long): (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Describe the existing land use or condition of the site at the time of this application: Same as is proposed 7. Property size (acres): 1.9 acres (project length of 1,020' x ROW width of 80') 8. Nearest body of water (stream/river/sound/ocean/lake): Stoney Creek 9. River Basin: Tar-Pamlico Basin, HU 03020101 (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) Page 2 of 8 r 10. Describe the purpose of the proposed work: Replace existing bridge with a new bridge at the same location. 11. List the type of equipment to be used to construct the project: Standard bridge construction equipment 12. Describe the land use in the vicinity of this project: woodland Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application: Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams '(intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and. delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream Page 3 of 8 mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Wetland Impacts Wetland Impact Site Number (indicate on map) Type of Impact* Area of Impact (acres) Located.within 100-year Floodplain** (yes/no) Distance to Nearest Stream (linear feet) Type of Wetland*** 1 Fill 0.006 Yes 0' PSS1C 1 Mech. clearing 0.081 Yes 0' PFOIA t List eaen impact separately ana wenury temporary impacts. impacts mciuue, out are ?ot umneu tu: H,ecttauiccu c,cauug, giawug, uu, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at bttp://www.fema.,ov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) List the total acreage (estimated) of existing wetlands on the property: Total area of wetland impact proposed: 0.087 acres 2. Stream Impacts, including all intermittent and perennial streams Stream Impact Site Number (indicate on map) Type of Impact* Length of Impact (linear feet) Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? (please specify) 1 Temporary Fill 30' Stoney Creek 45' Perennial List each impact separately and identity temporary impacts. impacts mciuae, out are not nmttea to: culverts ana associatea rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.top6zone.com, www.mapquest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on, site: 0' permanent (30' temp.) 3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other Water of the U.S. Open Water Impact Site Number (indicate on map) Type of Impact* Area of Impact (acres) Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) N/A List eacn impact separately ana iuenuiy Lemporary ui,Yaua. IIILPM w nwi uuc., UUL cam ,_.,L a=u- - w. flooding, drainage, bulkheads, etc. 4. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Size of watershed draining to pond: Expected pond surface area: Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. 1 Offsite detour avoids impacts from constructing detour bridge 2 Adherence (as much as possible) to exisiting location avoids new impacts. 3 Replacing bridge with another bridge rather than culvert Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to Page 5 of 8 freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetlands/stn-ngide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. Impacts < 0 1 acres therefore no mitigation is required. 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that you would like to pay into the NCWRP. Please note that payment into the NCWRP must be reviewed and approved before it can be used to satisfy mitigation requirements. Applicants will be notified early in the review process by the 401/Wetlands Unit if payment into the NCWRP is available as an option. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.Lls/wrp/index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): N/A Amount of buffer mitigation requested (square feet): N/A Amount of Riparian wetland mitigation requested (acres): N/A Amount of Non-riparian wetland mitigation requested (acres): N/A Amount of Coastal wetland mitigation requested (acres): N/A Page 6 of 8 Environmental Documentation (DWQ Only) Does the project involve an expenditure of public funds or the use of public (federal/state/local) land? Yes ® No ? 'If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or. North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are. not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ® No If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ® No R Proposed Impacts on Riparian and Watershed Buffers (DWQ Only) It is the, applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ® No F-] If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (square feet) Multiplier Required Mitigation 1 30 3 None 2 179 1.5 None Total 209 None * Zone 1 extends out all teet perpendicular from near banx of cnannel; Lone /_ extends an additional 20 feet from the edge of Zone 1. Page 7 of 8 If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0260. N/A XI. Stormwater (DWQ Only) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. Per the DOT Roadway Design Standards the paved area on approaches will be increased from 20' to 24' and the bridge will be widened from 26' to 30'. A crown in center of bridize causes water to run off bridize into deck drains in spans 1&3. Funnel drains at the sag points drain storm runoff into wetlands outside of the Buffer Zones. XII. Sewage Disposal (DWQ Only) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. N/A XIII. Violations (DWQ Only) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules? Yes No Is this an after-the-fact permit application? Yes F No XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). No federally protected species (Dwarf wedge and Tar-spinet/ mussels) found in Stoney Creek. US FWS says project is "Not Likely to Adversely Affect" dwarf wedge mussel and will have "No Effect" on the Tar spinet' mussel. C_ - ?a ,)4(, It 0 Applicant/Agent's Sig ture Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) f rage 8 o 8