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HomeMy WebLinkAbout20041203 Ver 1_Complete File_20040723 QG ?y t? Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality September 28, 2004 Dr. Greg Thorpe, PhD., Manager Planning and Environmental Branch North Carolina Department of Transportation 1548 Mail Service Center Raleigh, North Carolina, 27699-1548 Dear Mr. Thorpe: Re: Proposed replacement of Bridge No. 73 on SR 1603 (Carriage Road) over Stony Creek, Nash County, Federal Aid No. BRZ-1603(2), State Project No. 8.2322301, TIP Project B-3879. Your application for a 401 Water Quality Certification to impact 0.01 acres of wetlands, and 12,262 square feet of protected riparian buffers to construct Bridge No. 73 on SR 1603 (Carriage Road) over Stony Creek in Nash County was received in the Division of Water Quality's Central Office on July 23, 2004. According to our rules [15A NCAC 2H.0507 (A), and 15A NCAC 2B .0259], if final action is not taker?,Within 60 days, the Certification is waived unless DWQ has objected in writing to your application. Therefore, DWQ hit waived the requirement for a 401 Water Quality Certification for your plans to impact waters as described in ydur July 23, 2004. However, if any additional impact, or change to your project occurs, this.waiver is no longer valid and a 401 Water Quality Certification and a Tar-Pamlico Buffer Authorization will be required. Thank you for your comments. If you have any questions, please contact John Hennessy at (919) 733-5694. Sincerely, n E. Hennessy Transportation Permitting Unit Supervisor cc: Mike Bell, US Army Corps of Engineers, Washington Field Office Gary Jordan, USFWS Travis Wilson, NCWRC NCDWQ Raleigh Regional Office File Copy C:\ncdot\TIP B-3879\correspondence\041203 waiver.doc One Nm thCarolina Transportation Permitting Unit Nutirally 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919-733-6893/ Internet: htta://h2o.enr.state.nc.us/ncwetlands An Equal Opportunity/Affirmative Action Employer-50% Recycled/10% Post Consumer Paper V A S STATE OF NORTH CAROLINA DEPARTWNT OF TRANSPORTATION MICHAEL F. EASLEY DIVISION OF HIGHWAYS LYNDO TIPPETr GOVERNOR SECRETARY February 4, 2005 WBS Element: 33322.3.2 Contract No. C200964 F. A. Number: BRZ-STP-1603 (3) p 9dP D County: Nash Description: Bridge over Stoney Creek and Approaches on SR 1603 FEB 8 -- 2005 DENR - WATER QUALITY MEMORANDUM TO: Ellis C. Powell, Jr., PE WETLANDS AND STORMWATER BRANCH State Construction Engineer FROM: Wendi O. Johnson, PE Division Construction Engineer SUBJECT: Approved Preconstruction Conference & Permit Meeting Minutes We are transmitting an approved copy of the minutes covering the preconstruction conference for the above project, which was held on January 12, 2005. The minutes were approved by the Contractor, Sanford Contractors, Inc., as recorded. Attachment c: Ron Lucas (FHWA) Dr. Garland Pardue (US Fish & Wildlife) Mike Bell (US Army Corps of Engineers) Nicole Thomson (NCDENR, Division of Water Quality) John Holley (NCDENR, Land Quality Section) David Cox (NCWRC) Scott L. VanHorn (NCWRC) Ron Sechler (National Marine Fisheries) Fred Lanzi, Progress Energy - Power (Transmission) Bob Campbell, Progress Energy - Power (Distribution) Bob Williford, Sprint - Telephone Nate Harris, Adelphia - CATV Post Office Box 3165, Wilson, North Carolina 27895-3165 Telephone (252) 237-6164 Fax (252) 234-6174 Ellis:C. Powell, Jr., PE February 4, 2005 Page 2 ec: Cecil Jones, PE Donald Pearson Robert Simpson Andy Brown, PE Bryant Bunn, PE Andy Pridgen Shannon Sweitzer, PE Lloyd Johnston, Jr. Eddie Bunn, PE Kevin Lacy, PE Victor Barbour, PE Don G. Lee Mike Parker Jimmy Marler Jamie Shern Michael Robinson, PE Warren Walker, PE Haywood Daughtry, PE John Williamson Chris Kreider, PE David R. Henderson, PE Jermery Armstrong Bobby Lewis, PE Gerald McCauley PRECONSTRUCTION CONFERENCE AND PERMIT MEETING MINUTES VMS Element: 33322.3.2 (B-3879) Federal Aid No.: BRZ-STP-1603 (3) Contract No.: C200964 County: Nash Description: Bridge over Stoney Creek and Approaches on SR 1603 The Preconstruction Conference for the above project was held in the Wilson Division Office Conference Room on January 12, 2005 with the following in attendance: NAME REPRESENTING Kenny Brady Sanford Contractors Randall Gattis Sanford Contractors Brad Batchelor Division Four Right of Way C. D. Francka Division Four Bridge Jamie Shern Division Four DEO M. D. Parker NCDOT Utility Coordinator Bob Campbell Progress Energy (Distribution) Katie Simmons NCDOT Roadside Environmental Roger O'Briant Cox Communications Joe Williamson Cox Communications Shannon Douglas Barnhill Contracting Buddy Rose Barnhill Contracting Jeremy Whitehurst Barnhill Contracting Fred Lanzi Progress Energy (Transmission) Warren Walker Construction Unit Andy Pridgen Division Four QA Lab J. L. Lewis Division Four Construction J. M. Long Division Four Construction Jimmy Deal Division Four Construction C. T. Berrier Division Four Construction Eddie Bunn, Resident Engineer, presided over the conference. Randy Richardson will act as Project Superintendent and Traffic Control Coordinator for the Contractor. Jimmy Lewis will act as Project Inspector and Traffic Control Coordinator for the Division ofF ighways. Jimmy Deal will be the Assistant Resident on this project. The Contractor plans to begin work the middle of February. The Contractor presented his progress schedule which will be checked, and he will be advised if satisfactory. By copy of these minutes, we are advising the Contractor that his progress schedule has been checked and is approved as submitted. Preconstruction Conference Minutes B-3879 Page 2 RIGHT OF WAY Brad Batchelor advised that all of the right of way necessary for this project has been acquired. The one item previously listed under Section 215 is to be demolished as part of the construction project. No contamination; clear for demolition. There is no known asbestos contamination, underground storage tanks or any known soil contamination within the right of way of the project. The Contractor is advised not to exceed the right of way or easement areas shown on the project plans unless written permission is granted from the property owner. ASPHALT PAVEMENTS Mr. Andy Pridgen, Division QA Supervisor, asked the Contractor if he had any questions of the Special Provisions outlined on pages 31 thru page 49. Mr. Pridgen advised that the Special Provisions in this contract are dated 02/17104. Barnhill will perform paving for this project. UTILITIES Progress Energy (Transmission) - Moving equipment in this week. Should be finished in 2-3 weeks. An attached communications cable needs to be spliced at night. Two splices will be done simultaneously. Scheduling of this work with an outside unit will be the most difficult part of this work. Progress Energy (Distribution) - Dealing with right of way issues. Work should be complete by the end of February. Sprint - Work is complete. Adelphia - Minor conflicts are currently being relocated. Cox Communications - Their fiber is located on the west side of the project. North is underground; south, east and west cable is aerial. Minor conflicts are currently being relocated. There is an effluent monitoring station, owned by the Town of Nashville, on site. Access to this must be maintained at all times. Preconstruction Conference Minutes B-3879 Page 3 PROJECT SPECIAL PROVISIONS GENERAL Contract Time and Liquidated Damages - The date of availability for this contract is January S, 2005. The contract completion date is December 31, 2006. When observation periods are required by the Special Provisions, they are not a part of the work to be completed by the completion date and/or intermediate contract times stated in the contract. The liquidated damages for this contract are $200.00 per calendar day. Intermediate Contract Time Number 1 and Liquidated Damages - Except for that work required under the Project Special Provisions entitled "Planting" and/or "Reforestation", included elsewhere in this proposal, the Contractor will be required to complete all work included in this contract and shall place and maintain traffic on same by September 1, 2006. The date of availability for this intermediate contract time is January 5, 2005. The liquidated damages for this intermediate contract time are $500.00 per calendar day. The Contractor will be responsible for and shall make corrections of all damages to the completed roadway caused by his planting operations, whether occurring prior to or after placing traffic thru the project. Major Contract Items - The major contract items for this contract are Asphalt Concrete Surface Course, Type S9.5B, and 3' x 1'9" Prestressed Concrete Cored Slabs. Friel Price Adjustment - The base index price for No. 2 Diesel Fuel is $1.388 per gallon as shown on page three of the contract. DISADVANTAGED BUSINESS ENTERPRISE It is the policy of the North Carolina Department of Transportation that Disadvantaged Business Enterprises shall have the opportunity to participate in the performance of contracts financed in whole or in part by federal funds in order to create a level playing field. The Contractor is also encouraged to give every opportunity to allow DBE participation in Supplemental Agreements. The Contractor's EEO Officer and Minority Liaison Officer is Brent Sloan. The Resident Engineer furnished the Contractor with required posters for his bulletin board. The Contractor's EEO Policy Statement is to be posted on the project's bulletin board, which should be weatherproof, along with the following posters: Preconstruction Conference Minutes B-3879 . Page 4 1. Davis-Bacon Minimum Prevailing Wage Rate Schedule 2. Wage-Rate Information - F/A/ Project, Form PR-1495 3. Notice Relating to False Statements, Form PR-1022 4. EEO Poster - Discrimination is Prohibited The Contractor is urged to document, in writing, all actions taken in complying with Equal Opportunity of Employment Provisions, Training Provision, and Minority Business Enterprise Provision. This includes applicant referrals, meeting with employees, on-site inspections, wage evaluation, etc. All subcontractors and suppliers are responsible for meeting the same requirements as the prime contractor, and it is the prime contractor's responsibility to oversee that both are in compliance. All alleged discriminatory violations should be brought to the attention of the Resident Engineer. The State and/or FHWA will conduct a Contract Compliance Review sometime during the life of this contract. Therefore, fair employment practice should be maintained at all times. Contractor was reminded that EEO Reports are due in July. Reporting Disadvantaged Business Einierprise Participation - When payments are made to Disadvantaged Business Enterprise firms, including material suppliers, Contractors at all levels shall provide the Engineer with an accounting of said payments as stipulated in the contract. Retainage and Prompt Payment - The Department will not deduct and hold any retainage from the Prime Contractor on this project. The Department will withhold an amount sufficient to cover anticipated liquidated damages, as determined by the Engineer. Contractors at all levels, prime, subcontractor, or second tier contractor, shall within 7 calendar days of receipt of monies, resulting from work performed on the project or services rendered, pay subcontractors, second tier subcontractors, or material suppliers, as appropriate. This seven-day period begins upon knowledgeable receipt by the contracting firm obligated to make a subsequent periodic or final payment. These prompt payment requirements will be met if each firm mails the payment to the next level firm by evidence of postmark within the seven-day period. The Contractor's requested estimate period for this project will be the seventh of the month. Contractor's License Requirements - If the successful bidder does not hold the proper license to perform any plumbing, heating, air conditioning or electrical work in this contract, he will be required to sublet such work to a contractor properly licensed, in accordance with Article 2 of Chapter 87 of the General Statutes (licensing of heating, plumbing and air conditioning contractors) and Article 4 of Chapter 87 of the General Statutes (licensing of electrical contractors). Domestic Steel and Iron Products - All steel and iron products which are permanently incorporated into this project shall be produced in the United States except minimal amounts of foreign steel and iron products may be used, provided the combined project cost of the bid items involved does not exceed one-tenth of one percent (0.1 percent) of the total amount bid for the entire project or $2,500.00, whichever is greater. This minimal amount of foreign produced steel and iron products permitted for use by this Special Provision is not applicable to fasteners. Domestically produced fasteners are required for this project. Preconstruction Conference Minutes B-3879 . Page 5 Submission of Records - Federal Aid Projects - This project is NOT located on the National Highway System; therefore, federal form FHWA-47 is not required. Payroll submission is not required on this project, according to the Project Special Provision entitled Submission of Records - Federal Aid Projects. Contractor Borrow Source - If the Contractor proposes a borrow source, the environmental assessment shall include wetlands and stream delineation extending 400 feet beyond the proposed borrow source limits. Plant Pest Quarantines - This project may be within a county regulated for plants and/or pests. If the project or any part of the Contractor's operation is located within a quarantined area, thoroughly clean all equipment prior to moving out of the quarantined area. Comply with federal/state regulations by obtaining a certificate or limited permit for any regulated article moving from the quarantined area. Safety t'ests - All Contractors' personnel, all subcontractors and their personnel, and any material suppliers and their personnel must wear an OSHA approved, reflective vest or outer garment at all times while on the project. Non-reflective orange shirts are acceptable for all project personnel except flaggers. Avelve 11orrth Guarantee - The Contractor shall guarantee materials and workmanship against latent and patent defects arising from faulty materials, faulty workmanship or negligence for a period of 12 months following the date of final acceptance of the work for maintenance and shall re place such defective materials and workmanship without cost to the Department. The Contractor will not be responsible for damage due to faulty design, normal wear and tear, for negligence on the part of the Department and/or for use in excess of the design. Where items of equipment or material carry- a manufacturer's guarantee for any period in excess of 12 months, then the manufacturer's guarantee shall apply for that particular piece of equipment or material- The Department's first remedv shall be through the manufacturer, although the Contractor is responsible for invoking the warranted repair work with the manufacturer. The Contractor's responsibility shall be limited to the term of the manufacturer's guarantee. NCDOT would be afforded the same warranty as provided by the manufacturer. Outsourcing Outside the USA - All work on consultant contracts, service contracts and construction contracts shall be performed in the United States of America. No work shall be outsourced outside the United States of America. PROJECT SPECIAL PROVISIONS ROADWAY Clearing and Grubbing - Perform clearing on this project to the limits established by Method III shown on Standard No. 200.03 of the Roadway Standards. The property owner will have no right to use or reserve for his use any timber on the project. All timber cut during the clearing operation is to become the property of the Contractor, and shall be either removed from the project by him, or else shall be satisfactorily disposed of as hereinafter provided. Preconstructiom Conference Minutes B-3879 . Page 6 Buildinrg Removal - When a building has had or will have asbestos removed, and the Contractor elects to remove the building such that it becomes a public area, the Contractor is responsible for any additional costs incurred, including final air monitoring. Temporary Fabric Wall - Furnish and install synthetic fabric for a temporary fabric wall in accordance with the Special Provisions and as directed by the Engineer. Schedule a Preconstruction Conference at least 30 days prior to construction of the fabric wall, with representatives from the Contractor, Resident Engineer and Geotechnical Engineering Unit to discuss construction details. Temporary Detours - Construct the temporary detours required on this project in accordance with the typical sections in the plans or as directed by the Engineer. Shoulder and Fill Slope Material - Required shoulder and slope construction for this project shall be performed in accordance with applicable requirements of Section 226 of the Specifications except as follows: Construct the top 6" (150mm) of shoulder and fill slopes with soils capable of supporting vegetation. Provide soil with P.I. greater than 6 and less than 25 and with a pH ranging from 5.5 to 6.8. Remove stones and other foreign material 2" (50mm) or larger in diameter. All soil is subject to testing and acceptance or rejection by the Engineer. Material shall be obtained from within the project limits or an approved borrow source. Reinforced Bridge Approach Fills - The Contractor is to be guided by the Special Provisions and all work shall be done in the presence of the Engineer or Inspector. Will build with 78M. Disposal of Vaste and Debris - Provisions include requirement for evaluation of potential wetlands and endangered species at all work sites. Concrete deck will be sawed up and stored by Sanford. Steel beams will also be stored by Sanford and sold for scrap. Creosote will be disposed of with appropriate people. Posts and Offset Blocks - The Contractor may, at his option, furnish either of the following types of steel guardrail posts. Only one type of post will be permitted at any one continuous installation. Use structural steel posts throughout the project, unless otherwise directed or detailed in the plans: 1. Steel W6 x 8.5 or W6 x 9.0 posts 2. Steel 4.5" x 6.0" "C" shaped posts (C150 x 12.2 kg/m) The Contractor may, at his option, furnish either of the following types of treated timber posts if specifically directed or detailed in the plans. Only one type of post will be permitted at any one continuous installation: 1. Timber 6" x 8" (152mm x 203mm) posts 2. Timber 8" x 8" (203mm x 203mm) posts Preconstruction Conference Minutes B-3879 Page 7 Guardrail Anchor Units, Type 350 - Prior to installation, the Contractor shall submit to the Engineer: 1. FHWA acceptance letter for each guardrail anchor unit certifying it meets the requirements of NCHRP Report 350, Test Level 3, in accordance with Section 106-2 of the Standard Specifications. 2. Certified working drawings and assembling instructions from the manufacturer for each guardrail anchor unit, in accordance with Section 105-2 of the Specifications. Preformed Scour Hole with Level Spreader Apron - Construct and maintain preformed scour holes, with spreader aprons, at the locations shown on the plans and in accordance with the details in the plans. Temporary Shoring for Maintenance of Traffic - Contractor has the option of submitting his own shoring design or using the Standard shoring design, unless otherwise noted in the plans. Drums - The Contractor shall provide a minimum of three orange and two white alternating horizontal stripes covering the entire outside of each drum. Permanent Seeding and Mulching - The Department desires that permanent seeding and mulching be established on this project as soon as practical after slopes or portions of slopes have been graded. As an incentive to obtain an early stand of vegetation on this project, an additional payment will be made to the Contractor for all permanent seeding and mulching that is satisfactorily completed in accordance with the requirements of Section 1660, Seeding and Mulching, and within the percentages of elapsed contract times shown on page 58 of the contract. EROSION CONTROL The Project Inspector for DDT will give the Contractor a weekly erosion control fist advising Contractor of items that need to be done in a timely manner. Contractor should pay special attention to check dams. Weirs should be correct shape and size. Silt ditches should be sloped to 2:1 ratio. Any changes to the erosion control design should be noted on the plans and approved by the Roadside Environmental Unit, if necessary. Contractor was encouraged to contact Katie Simmons with any questions relating to erosion control. Environmenially Sensitive Areas - This project is located in an "Environmentally Sensitive Area'. This designation requires special procedures to be used for clearing and grubbing, temporary stream crossings, and grading operations within the area identified on the plans. This also requires special procedures to be used for seeding and mulching and stage seeding within the project. The "Environmentally Sensitive Area" shall be defined as a 50' (16 meter) buffer zone on both sides of the stream (or depression) measured from top of stream bank (or center of depression). Contractor may perform clearing but grubbing cannot be performed until Contractor begins grading operations. Erosion control devices shall be installed immediately following the clearing operation. Preconstruction Conference Minutes B-3879 Page 8 Once grading operations begin, work will progress in a continuous manner until complete. All construction within these areas must progress in a continuous manner such that each phase is complete and areas permanently stabilized prior to beginning of next phase. Temporary erosion control measures should be installed before the Contractor begins to disturb the soil, and permanent stage seeding should be established as soon as possible. TemporaryDiversion - The work by this section for installation, maintenance and cleanout of temporary diversions shall be in accordance with Section 1630. The quantity of excavation for installation and cleanout measured as provided in Article 16304 will be paid for at the contract unit price per cubic yard (cubic meter) as provided in Article 1630-5 for "Silt Excavation". Gravel Construction Entrance - The filter fabric shall meet the requirements of Section 1056 for Type 2 Fabric. Stone shall be Class A Stone and shall meet the requirements of Section 1042 for Stone for Erosion Control, Class A. Floating Turbidity Curtain - The Contractor shall install a floating turbidity curtain to deter silt suspension and movement of particles during construction. The curtain shall be constructed around the work area on the south bank and at locations as directed by the Engineer. SIGNALS AND TRAFFIC MANAGEMENT SYSTEMS General Regdrements - In the event the Contractor fails to perform in accordance with the plans and Specifications within the time frame specified, the Department reserves the right to perform the maintenance and emergency services necessary to assure continuous traffic signal operation. Further, all expenses incurred by the Department in implementing this option shall be deducted from the payment due the Contractor, plus a $250.00 liquidated damage per occasion, per day, or any portion thereof, until corrected. The liquidated damages are due to increased public hazard resulting from the malfunction. Fulcher Electric will perform the signal installation. STRUCTURES Contractor should use a non-shattering method for removal of old bridge and insure that nothing is dropped in the water during removal of old bridge. PERMITS Notes to Contractor - 1. The Contractor shall adhere to the Best Management Practices for "Bridge Demolition and Removal" during the removal of Bridge No. 73. (Contractor advised his bridge demolition plan would be forthcoming.) 2. For the replacement of Bridge No. 73 and the construction of a detour structure, the Contractor shall use top-down construction to eliminate in-stream activity as much as possible. 3. As part of the removal process for the existing bridge, wood pilings shall be cut off at the substrate level. Preconstructioen Conference Minutes B-3879 Page 9 4. The existing fill material at the south end bent shall be removed, to the extent practicable, to natural ground elevation to allow for a more natural stream flow. 5. During construction, turbidity curtains shall be placed around the work area on the south bank to protect the stream in a "horseshoe" configuration. The turbidity curtain shall not be installed perpendicular to stream flow. 6. A hardware cloth fence faced with small, clean gravel shall be placed along the footprint of the construction area bordering the stream. A silt fence shall be used for the side slopes. 7. Equipment shall be maintained such that hydraulic fluids, oil, gasoline or other chemicals shall not enter the stream. If chemicals are stored on site, they shall be stored a sufficient distance from the stream and under secure conditions to prevent accidental contact with the stream. If chemicals are spilled on the site, they shall be cleaned up immediately and not allowed to filter down into the soil. 8. Slurry shall be removed from the project construction site. No slung shall enter the stream. The US Army Corps of Engineers and DENR have issued permits for this project, and the Contractor shall comply with all applicable permit conditions during construction of this project. Agents of the permitting authority will periodically inspect the project for adherence to the permits. Should the Contractor propose to utilize construction methods (such as temporary structures or fill in waters and/or wetlands for haul roads, work platforms, cofferdams, etc.) not specifically identified in the permit (individual, general or nationwide) authorizing the project, it shall be the Contractor's responsibility to coordinate with the appropriate permit agency to determine what, if any, additional permit action is required. The Contractor shall also be responsible for initiating the request for the authorization of such construction method by the permitting agency. The request shall be submitted through the Engineer. The Contractor shall not utilize the construction method until it is approved by the permitting agency. The request normally takes approximately 60 days to process; however, no extensions of time or additional compensation will be granted for delays resulting from the Contractor's request for approval of construction methods not specifically identified in the permit. Where construction moratoriums are contained in a permit condition which restricts the Contractor's activities to certain times of the year, those moratoriums will apply only to the portions of the work taking place in the waters or wetlands, provided that activities outside those areas are done in such a manner as to not affect the waters or wetlands. Wetlands and stream buffers to be impacted will be flagged with high visibility fencing. Drawings of buffers and wetlands to be impacted will be staked according to the digital files. These areas shall be clearly delineated before any clearing begins. The Contractor should contain his work within the footprint shown on the plans. Any deviation would be in violation of the permits. The permit does not cover waste or borrow within wetlands. All standard procedures will be implemented to avoid or minimize environmental impacts. Do not exceed footprint shown for buffer zone and wetlands. The Resident Engineer and the Contractor will hold monthly construction meetings. Contractor will advise Resident of the date. Preconstruction Conference Minutes B-3879 Page 10 Mussel survey has been done and notice has been given to the appropriate resource agencies. This meeting stands as the meeting with permit agencies; they were invited to the Preconstruction Conference. The Contractor presented a letter advising names of persons authorized to sign Supplemental Agreements in conjunction with this project. There were no further questions and/or comments and the meeting was adjourned. SANFORD CONTRACTORS, INC. 2 / z /4s- yPl-1w n - nA- V, Cd P2 , ? DATE APPROVED NAME AND TITLE ?,¢,?c? .O?vl,tio? STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY DIVISION OF HIGHWAYS GOVERNOR 03l z(-) 3 3?5A LYNDO TIPPETT SECRETARY D December 1, 2004 Q p F=@F=0WF= D ?/ WBS Element: 33322.3.2 (B-3879) DEC 16 2004 Contract No.: C200964 DENR - WATER QUALITY F. A- No.: BRZ-STP-1603 (3) WETLANDS AND sTORMWATER BRANCH County: Nash Description: Bridge over Stoney Creek and Approaches on SR 1603 SUBJECT: PRECONSTRUCTION CONFERENCE AND PERMIT MEETING Mr. Randall Gattis Sanford Contractors, Inc. 628 Rocky Fork Church Road Sanford, North Carolina 27332 Dear Mr. Gattis: Per, our conversation, the Preconstruction Conference and Permit Meeting for this project is being scheduled for Wednesday, January 12, 2005 at 10:00 a.m. The Preconstruction Conference is contingent upon the award of the project by the Board of Transportation. The conference will be held in the Conference Room of the Wilson Division Office. Our office is located at 509 Ward Boulevard in Wilson, N. C. Please be prepared to present the following documents at this conference: progress schedule, letter naming persons authorized to sign Supplemental Agreements, and letter naming your Company EEO Officer and Minority Liaison Officer. We look forward to meeting with you at the above time. WOJ/CBL.:. Cordially yours, n Wendi O. Johnson, PE Division Construction Engineer Post Office Box 31.65, Wilson, North Carolina 27895-3165 Telephone (252) 237-6164 Fax (252) 234-6174 Mr. Randall Gattis December 1, 2004 Page 2 Ron Lucas (FHWA) Dr. Garland Pardue (US Fish & Wildlife) Nikki Thompson (NCDENR, Division of Water Quality) John Holley (NCDENR, Land Quality Section) David Cox (NCWRC) Scott L. VanHorn (NCWRC) Ron Sechler (National Marine Fisheries) Mike Bell (US Army Corps of Engineers) Fred Lanzi, Progress Energy - Power (Transmission) Bill Campbell, Progress Energy - Power (Distribution) Bob Williford, Sprint - Telephone Nate Harris, Adelphia - CATV ec: Cecil L. Jones, PE Donald Pearson Robert Simpson Andy Brown, PE Bryant Bunn, PE Andy Pridgen Shannon Sweitzer, PE Lloyd Johnston, Jr. Eddie Bunn, PE J. Kevin Lacy, PE Victor Barbour, PE Ellis Powell, PE Don G. Lee Mike Parker Jimmy Marler Jamie Shern Michael Robinson, PE Warren Walker, PE Haywood Daughtry, PE John Williamson Chris Kreider, PE David R. Henderson, PE Jermery Armstrong Bobby Lewis, PE Gerald McCauley STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY GOVERNOR U. S. Army Corps of Engineers Regulatory Field Office Post Office Box 1000 Washington, NC 27889-1000 July 16, 2004 Attn: Mr. Michael Bell NCDOT Coordinator Dear Sir: TELEPHONE: 919-733-3141 FAX: 919-733-9794 WATER QUAL17YSEC TIpN Subject: Nationwide 23 & 33 Permit Application and Buffer Certification. Replacement of Bridge No. 73 on SR 1603 (Carriage Road) over Stony Creek, Nash County. Federal Aid Project No. BRZ-1603(2), State Project No. 8.2322301, TIP Project No. B-3879. $ ?.Oa The North Carolina Department of Transportation (NCDOT) proposes to replace existing Bridge No. 73 on SR 1603 (Carriage Road) over Stony Creek (DWQ Index # 28-68, Class "C; NSW") in Nash County. The project involves replacing Bridge No. 73 approximately on the existing alignment. Traffic, during construction, will be maintained with an onsite detour using a 185- foot temporary bridge downstream (east) of the existing bridge. BRIDGE DEMOLITION Bridge No. 73 is currently a 182-foot, 6 span structure, that consists of a reinforced concrete deck on steel I-beams. The end bents and interior bents are composed of reinforced concrete caps on timber piles. Removal of the bridge superstructure and timber piles should occur without dropping any of the components into Waters of the United States, however there is potential for components of the concrete caps of Bridge No. 73 to be dropped into Waters of the United States during demolition. The potential temporary fill is calculated to be approximately 19 cubic yards. The NCDOT will adhere to appropriate guidelines for bridge demolition and removal including those presented in "Pre-Construction Guidelines for Bridge Demolition and Removal", "Policy: Bridge Demolition and Removal in Waters of the United States", "Best Management Practices for Bridge Demotion and Removal", and "Best Management Practices for the Protection of Surface Waters". MAILING ADDRESS: 14C DEPARTMENT OF TRANSPORTATION PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 1548 MAIL SERVICE CENTER RALEIGH NC 27699-1548 04103 LYNDO TIPPETT SECRETARY W ETLANUs,40, 6RO UP JUL 2 3 2004 LOCATION: TRANSPORTATION BUILDING 1 SOUTH WILMINGTON STREET RALEIGH NC WEBSITE. WWW.DOH.DOT.STATE.NC.US BRIDGE CONSTRUCTION Bridge No. 73, a 192-foot long structure, will include four 48-foot spans with a cored slab as superstructure. The substructure will consist of pile end bents and steel pile bents. IMPACTS TO WATERS OF THE UNITED STATES Permanent Impacts: Stony Creek will not be directly impacted by the proposed project. However, construction of the proposed project will result in a total of 0.0023 acre (102 square feet) of permanent impacts to jurisdictional wetland, in the form of mechanized clearing. TEMPORARY DETOUR BRIDGE A 185-foot long temporary bridge will be constructed downstream (east) of the existing Bridge No. 73. This bridge will be required to provide a detour during bridge construction. Temporary work bridge pile types and driving methods will be determined during construction by the contractor. The detour bridge will be constructed at the elevation and location as shown in the permit drawings. Non-mechanized clearing will occur prior to temporary detour bridge construction. It is assumed that the contractor will begin construction of the proposed detour bridge shortly after the date of availability for the project. The Let date is September 21, 2004 with a date of availability of October 18, 2004. TAR-PAMLICO BASIN BUFFER RULES This project is located in the Tar-Pamlico River Basin (subbasin 03-03-04, TAR4 03020102), therefore the regulations pertaining to the Tar-Pamlico River Buffer Rules (15A NCAC 2B.0259) apply. Buffer impacts associated with this project total 9,767 sq. ft (0.22 acre) for Zone 1 and 10,883 sq. ft (0.25 acre) for Zone 2. All practicable measures to minimize impacts within buffer zones were followed. Measures used to minimize impacts to the buffer zone include using the current alignment. According to the buffer rules, bridges are ALLOWABLE. Uses designated as allowable may proceed within the riparian buffer provided that there are no practical alternatives to the requested use pursuant to Item (8) of this Rule. These uses require written authorization from the Division or the delegated local authority. Therefore, NCDOT requests written authorization for a Buffer Certification from the Division of Water Quality. FEDERALLY-PROTECTED SPECIES Plants and animals with federal classifications of Endangered, Threatened, Proposed Endangered, and Proposed Threatened are protected under provisions of Section 7 and Section 9 of the Endangered Species Act of 1973, as amended. As of January 29, 2003, the U.S. Fish and Wildlife Service (USFWS) lists three federally protected species for Nash County, however the NC Natural Heritage Program database indicates a record for bald eagle in Nash County during 2003 (Table 1). Following endangered species surveys of the project site, Biological Conclusions of "May Affect, Not Likely to Adversely Affect" were rendered for the bald eagle, dwarf wedgemussel, and Tar River spinymussel due to the presence of suitable habitat within the project area. Concurrence was received from the USFWS for the two mussel species in October 2002 and for the bald eagle in April 2004. The Biological Conclusion remains "No Effect" for the red-cockaded woodpecker due to lack of habitat. B-3879 Page 2 Table 1. Federally-protected species of Nash County. Scientific Name° '. Common Name Federal Status Biological Conclusion. Haliaeetus leucocephalus Bald eagle T(Proposed for delisting) MANLTAA Picoides borealis Red-cockaded woodpecker E No Effect Alasmidonta heterodon Dward wedgemussel E MANLTAA Elliptio steinstansana Tar River spinymussel E MANLTAA Endangered (E) - is defined as a taxon that is threatened with extinction throughout all or a significant portion of its range.w Threatened (T) - A taxon "likely to become endangered within the foreseeable future throughout all or a significant portion of it's range." MANLTAA - indicate a Biological Conclusion of May Affect, Not Likely to Adversely Affect REGULATORY APPROVALS Section 404 Permit: It is anticipated that the temporary detour bridge across Stony Creek will be authorized under Section 404 Nationwide Permit 33 (Temporary Construction Access and Dewatering). We are, therefore, requesting the issuance of a Nationwide Permit 33 authorizing a temporary detour bridge across Stony Creek. All other aspects of this project are being processed by the Federal Highway Administration as a "Categorical Exclusion" in accordance with 23 CFR § 771.115(b). The NCDOT requests that these activities be authorized by a Nationwide Permit 23 (FR number 10, pages 2020-2095; January 15, 2002). Section 401 Permit: We anticipate 401 General Certifications numbers 3403 and 3366 will apply to this project. In accordance with 15A NCAC 2H.0501 (a) we are providing two copies of this application to the North Carolina Department of Environmental and Natural Resources, Division of Water Quality, for their records. In accordance with 15A NCAC 2H .0501(a), NCDOT is providing two copies of this application to the NC Department of Environment and Natural Resources (NCDENR), Division of Water Quality (DWQ) for review and issuance of a Tar-Pamlico Buffer Certification for impacts to Tar-Pamlico Buffers in compliance with the Tar-Pamlico Buffer Rules. A copy of this permit application will be posted on the NCDOT website at: http://www.ncdot.org/planning/pe/naturalunit/Permit.html. If you have any questions or need additional information, please contact Tyler Stanton at tstanton@dot.state.nc.us or (919) 715-1439. Sincerely, Gregory J. orpe, Ph.D. Environmental Management Director, ?- Project Development and Environmental Analysis Branch cc: w/attachment Mr. John Hennessy, Division of Water Quality (7 copies) Mr. Travis Wilson, NCWRC Mr. Jay Bennett, P.E., Roadway Design Mr. Omar Sultan, Programming and TIP Mr. Art McMillan, P.E., Highway Design Mr. David Chang, P.E., Hydraulics Mr. Joel Johnson, P.E., Project Development Mr. Greg Perfetti, P.E., Structure Design Mr. Mark Staley, Roadside Environmental Mr. Jim Trogdon, P.E., Division Engineer Mr. Jamie Shern, DEO Mr. David Franklin, USACE, Wilmington (Cover Letter Only) B-3879 Page 3 Office Use Only: Form Version May 2002 412`0 USACE Action ID No. DWQ Noy (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) I. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ? Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ ? 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 23 and 33 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete section VIII and check here: ? 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ? II. Applicant Information 1. Owner/Applicant Information Name: North Carolina Department of Transportation Mailing Address: 1548 Mail Service Center, Raleigh, NC 27699 Telephone Number: 919-733-7844 Fax Number: 919-715-1501 E-mail Address: 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: N/A Company Affiliation: Mailing Address: Telephone Number: Fax Number: E-mail Address: Page 5 of 12 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: Replacement of Bridge No. 73 on SR 1603 (Carriage Road) over Stony Creek, Nash County 2. T.I.P. Project Number or State Project Number (NCDOT Only): B-3879 3. Property Identification Number (Tax PIN): N/A 4. Location County: Nash Nearest Town: Nashville Subdivision name (include phase/lot number): Directions to site (include road numbers, landmarks, etc.): Located on SR 1603 between intersections with US-64 and SR 1609, northeast of Nashville over Stony Creek 5. Site coordinates, if available (UTM or Lat/Long): N35° 59.32' , W770 54.08' (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. Property size (acres): N/A 7. Nearest body of water (stream/river/sound/ocean/lake): Stony Creek 8. River Basin: Tar-Pamlico River (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at htW://h2o.enr.state.nc.us/admin/mgps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application Rural minor collector, with low density residential and agricultural land dominant. Page 6 of 12 10. Describe the overall project in detail, including the type of equipment to be used: Four span, 192-foot long bridge replacement using mechanical highway construction equipment. 11. Explain the purpose of the proposed work: Investigations by the Bridge Maintenance Unit indicate that rehabilitation of the existing structures is not feasible due to age and deteriorated conditions. Bridge No. 73 carries a sufficiency rating of 25.4 out of a possible 100. This structure is considered functionally obsolete. Replacement of the bridge will result in safer and more efficient traffic operations. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. N/A 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. N/A VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. 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 mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. Page 7 of 12 Provide a written description of the proposed impacts: There will be 0.0023 acres of permanent impacts to iurisdictional wetlands due to mechanized clearing from the replacement of Bridge No 73 1. Individually list wetland impacts below: Wetland Impact Type of Area of Located within Distance to Site Number Impact* Impact 100-year Floodplain** Nearest Stream Type of Wetland*** (indicate on ma) (acres) (yes/no) (linear feet) 1 (21+65 to 23+57) Mechanized Clearing 0.0023 Yes 45.0 Freshwater Marsh * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodpWn maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at htty://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.) Indicate if wetland is isolated (determination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property: 0.05 Total area of wetland impact proposed: 0.0023 2. Individually list all intermittent and perennial stream impacts below: Stream Impact Site Number (indicate on ma) Type of Impact* Length of Impact (linear feet) Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? (please secif ) USE each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated 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.us¢s.eov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, www.mMuest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site. Page 8 of 12 3. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: Open Water Impact Site Number (indicate on ma) Type of Impact* Area of Impact (acres) Name Wat ) (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, 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.): N/A 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: VII. 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. It has the lowest construction cost, and it will create comparatively lower environmental impacts. Bridge No. 73 will be replaced with a new bridge at the existing location. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. Page 9 of 12 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/stnngide.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. N/A 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/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): Amount of Riparian wetland mitigation requested (acres): Amount of Non-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): Page 10 of 12 Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state) 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 ? IX. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide 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 ? 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 7,242.0 2 5,020.0 Total 12,262.0 * Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an additional 20 feet from the edge of zone 1. Page 11 of 12 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 X. Stormwater (required by DWQ) 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. N/A XI. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. 'N/A XII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ? No XIII. 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). Upplicant/Agent's Signature `Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 NORTH CAROLINA sil WETLAND & SURFACE WATER N. C. DEPT. OF TRANSPORTATION DIVISION OF HIGHWAYS VICINITY MAP NASH COUNTY PROJECT: 8.2322301 (B-3879) SR 16®3 BETWEEN US 64 AND SR 1609 SHEET 1 OF 11 DATE NASH COUNTY c t It ? ? P4L v. u : K -- r eir. r ?I,t rn Yash.' 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N N 1111" p p N V0 N?o ?ro \f n i A O m /99 I 125 13 Ilk N/V 44 I z -mni I ? z I ? mll + qV, '?K p ??? ? ? ? mp ? / ? "T+-? of SR ? // 3811 nt'AGdW3 dl3 T'/? \? I I f?, .d?a.bz `-- I 1.V?I . 3M ? WW 1 ' lit I ? a I r a ? pa? 8Oy '. I I I I r W N ? m e i 3 1 ;- r ? m Z al) II II: ? $ ?°m ??ZZ _ o 11 ? n O n O G ? ! l ll F\ ? ? ? ? ? Nash County Bridge No. 73 on SR 1603 over Stoney Creek Federal Aid Project No. BRZ-1603(2) State Project No. 8.2322301 T.I.P. No. B-3879 CATEGORICAL EXCLUSION UNITED STATES DEPARTMENT OF TRANSPORTATION FEDERAL HIGHWAY ADMINISTRATION AND NORTH CAROLINA DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS APPROVED: ?. CIL D TE - regory J. Thorp, PhD Environmental Management Director, PDEA 1 DATE ,,r; -John F. Sullivan, III v Division Administrator, FHWA Nash County Bridge No. 73 on SR 1603 over Stoney Creek Federal Aid Project No. BRZ-1603(2) State Project No. 8.2322301 T.I.P. No. B-3879 CATEGORICAL EXCLUSION Documentation Prepared in Project Development and Environmental Analysis Branch By: 7- 2- -e:) DATE el A. Johnson Project Development Engineer DATE William T. Goodwin Jr., P.E., Uni ead Bridge Replacement Planning Unit b PROJECT COMMITMENTS Replacement of Bridge No. 73 On SR 1603 over the Stoney Creek Nash County Federal-Aid No. BRZ-1603(2) State Project No. 8.2322301 T.I.P. No. B-3879 Commitments Developed Through Project Development and Design Roadway Design Unit, Roadside Environmental Unit, Division Four Construction, Structure Design NCDOT will adhere to the Best Management Practices (BMPs) for `Bridge Demolition and Removal' during the removal of Bridge No. 73. Roadway Design Unit, Structure Design Unit, Roadside Environmental Unit, Hydraulic Design Unit, Division Four Construction Unit, Project Development and Environmental Analysis Branch The U. S. Fish and Wildlife Service (USFWS) was consulted in regard to the effect of project construction on the Tar spinymussel and the Dwarf wedge mussel. The USFWS concurred in the biological conclusion that project construction is "Not Likely to Adversely Affect" the Tar spinymussel and the Dwarf wedge mussel if the following environmental commitments are implemented: 1) The replacement Bridge No. 73 and the construction of a detour structure will use "top down" construction to eliminate in stream activity as much as possible. 2) As part of the removal process for the existing bridge, wood pilings will be cut off at the substrate level. 3) The existing fill material at the south end bent will be removed, to the extent practicable, to natural ground elevation to allow for a more natural stream flow. The replacement bridge will be lengthened as necessary to accommodate this. 4) During construction, turbidity curtains will be placed around the work area on the south bank to protect the stream in a "horseshoe" configuration. The turbidity curtains will not be installed perpendicular to stream flow. 5) A hardware cloth fence faced with small clean gravel will be placed along the footprint of the construction area bordering the stream. A silt fence will be used for the side slopes. 6) Equipment will be maintained such that hydraulic fluids, oil, gasoline, or other chemicals will not enter the stream. If chemicals are stored on site, they will be stored a sufficient distance from the stream and under secure conditions to prevent accidental contact with the stream. If chemicals are spilled on the site they will be cleaned up immediately and not allowed to filter down into the soil. 7) Slurry will be removed from the project construction site. No slurry will enter the stream. 8) The erosion control plans for Protected Aquatic Species will be used during project construction. These plans include the following requirements: Sediment and Erosion controls will be in place prior to land clearing activities. No sediment from either bridge demolition or construction activities will be allowed to enter the flowing stream. ¦ "Environmentally Sensitive Areas" will be defined on the plans, which consist of a 50-foot buffer zone on both sides of the stream.. Green Sheet Categorical Exclusion Page I of 2 July 18, 2003 PROJECT COMMITMENTS The Contractor may perform clearing :operations, but not grubbing operations in the "Environmentally Sensitive Areas" until immediately prior to beginning grading operations. ¦ Once grading operations being in "Environmentally Sensitive Areas" as specified on the plans, work will progress in a continuous manner until complete. ¦ Seeding and mulching will be performed immediately following final grade establishment. Stage seeding will be performed on cut and fill slopes as grading progresses. Roadway Design Unit, Structure Design Unit Final design plans will be mailed to the N. C. Wildlife Resources Commission upon completion. Project Development and Environmental Analysis Branch The NCDOT Project Development and Environmental Analysis Branch will conduct an in-stream survey for the Dwarf-wedge mussel and the Tar spiny-mussel just prior to the construction let date. Division Four Construction The NCDOT resident engineer will be responsible for alerting the Natural Environment Biological Surveys Unit Head of the Project Development and Environmental Analysis Branch two months prior to the project being awarded so that the in-stream survey may be scheduled. The NCDOT resident engineer will be responsible for providing a written invitation to the N. C. Wildlife Resources Commission, Non-game and Protected Species Branch, and the U. S. Fish and Wildlife Service for the construction field meeting for this project. Green Sheet Categorical Exclusion Page 2 of 2 July 18, 2003 Nash County Bridge No. 73 on SR 1603 over Stoney Creek Federal Aid Project No. BRZ-1603(2) State Project No. 8.2322301 T.I.P. No. B-3879 INTRODUCTION: The replacement of Bridge No. 73 is included in the current North Carolina Department of Transportation (NCDOT) Transportation Improvement Program and is eligible for.the Federal-Aid Bridge Replacement and Rehabilitation Program. The location is shown in Figure 1. No substantial environmental impacts are anticipated. The project is classified as a Federal "Categorical Exclusion". 1. PURPOSE AND NEED STATEMENT Bridge Maintenance Unit records indicate the bridge has a sufficiency rating of 24.2 out of a possible 100 for a new structure. The bridge is posted for load limits of 22 tons for single vehicles and 27 tons for truck-tractor semi-trailers and is structurally deficient and functionally obsolete. The replacement of this inadequate structure will result in safer traffic operations. II. EXISTING CONDITIONS The project is located on SR 1603 (Carriage Rd.) over Stoney Creek just north of US 64 between Nashville and Rocky Mount in Nash County (see Figure 1). Development in the area is agricultural and residential in nature. SR 1603 is classified as a rural minor collector in the Statewide Functional Classification System. This route is not a designated bicycle route and there is no indication that an unusual number of bicyclists use this roadway. In the vicinity of the bridge, SR 1603 has a 23-foot (7.0-meter) pavement width with 6- foot (1.8-meter) grass shoulders (see Figures 3 and 4). The roadway grade is flat in the area of the bridge. There is a horizontal curve on the south end of the project and a road intersection on the north end of the project. The existing bridge is on a tangent. The roadway is situated approximately 17.0 feet (5.2 meters) above the creek bed. Bridge No. 73 is a six-span structure'that consists of reinforced concrete deck on steel I- beams. The end bents and interior bents consist of reinforced concrete caps on timber piles. The existing bridge (see Figure 3) was constructed in 1957. The overall length of the structure is 182 feet (55.5 meters). The clear roadway width is 24.0 feet (7.3 meters). The bridge is posted 22 tons for single vehicle and 27 tons for truck-tractor semi-trailer. There are no utilities attached to the existing structure. Underground telephone lines are aerial at the bridge on the east side, power aerial lines are on the west side, a sanitary sewer line on the south side of Stoney Creek, and a pump station is located in the south- east quadrant. There is a power transmission line crossing SR 1603 just south of the bridge. A telephone pedestal and fiber optic delineator post indicate other underground utilities in the project area. Utility impacts are anticipated to be heavy. The current traffic volume of 4,900 vehicles per day (VPD) is expected to increase to 10,300 VPD by the year 2025. The projected volume includes one- percent truck-tractor semi-trailer (TTST) and two-percent dual-tired (DT) vehicles. The posted speed limit is 45 miles (72 kilometers) per hour in the project area. The NCDOT Traffic Engineering Branch indicates 12 crashes have been reported in a recent 3-year period. Only one sideswipe accident (no injuries) was located at the bridge. The other accidents were at the intersection just north of the bridge School buses cross this bridge 17 times per day. However, since an on-site detour is being provided, school bus routing should not be affected. III. ALTERNATIVES A. Project Description The replacement structure will consist of a 192-foot (58.5-meter) long bridge. The bridge will be 44 feet (13.4 meters) in width to provide for three 12-foot (3.6-meter) lanes with a 4-foot (1.2-meter) offset on each side. The roadway grade of the new structure will be approximately the same as the existing grade at this location. The new roadway cross section would be two 12-foot (3.7-meter) lanes that will transition to three 12-foot (3.7-meter) lanes. The shoulders will be 8 feet (2.4 meters) wide on both sides, including 4 feet (1.2 meters) of paved shoulder and 4 feet (1.2 meters) of grassed shoulder. This roadway will be designed as a rural minor collector. B. Reasonable and Feasible Alternatives The one alternative for replacing Bridge No. 73 that was studied is described below Alternative 1 Replace Bridge No. 73 with a new 192-foot (58.5-meter) long bridge at approximately the same location and roadway elevation as the existing bridge. Traffic will be maintained using a temporary on-site detour located to the east (downstream) of the existing bridge during construction. The temporary bridge will be approximately 185 feet (56.4 meters) in length. 2 C. Alternatives Eliminated From Further Consideration Due to the large volumes of traffic and the lack of a suitable off-site detour, road closure and replace in-place was not an option. The "do-nothing" alternative will eventually necessitate closure of the bridge. This is not acceptable due to the traffic service provided by SR 1603. "Rehabilitation" of the old bridge is not practical due to its age, deteriorated condition and design. The substructure is in poor condition. It is not practical to rehabilitate timber bents. Replace in place with an on-site detour just west of the existing bridge was eliminated from consideration due to the wetlands and utility conflicts. Replace on new alignment just west of the existing bridge using the existing bridge to maintain traffic was eliminated from consideration due to the wetlands and utility conflicts. D. Recommended Alternative and Reasons for Recommendations Bridge No. 73 will be replaced at approximately the same location and elevation as the existing bridge. The new bridge will be 10 feet (3.0 meters) longer than the existing bridge. This will allow for the removal of approximately ten feet of the existing fill material at the south end of the bridge This will improve the opening under the bridge and allow a more natural stream flow. Traffic will be maintained using a temporary on-site detour located just east of the existing location as shown by Alternative 1 in Figure 2. Alternative 1 is recommended because there is no suitable off-site detour. An offsite detour located west of its existing location was eliminated from consideration due to increased wetland impacts and cost. Also adding to the utility cost, a sewer pump station would have to be relocated. 3 IV. ESTIMATED COSTS The estimated cost for the one alternative is as follows: Alternative 1 Recommended Structure $ 600,600 Roadway Approaches $ 570,000 Detour Structure and Approaches $ 368,000 Structure Removal $ 36,400 Misc. & Mob. $ 340,000 Eng. & Contingencies $ 285,000 Total Construction Cost $ 2,200,000 Right-of-way and Utility Costs $ 300,000 Total Project Cost $ 2,500,000 V. NATURAL RESOURCES A. PHYSICAL RESOURCES Soil and water resources that occur in the study area are discussed below. Soils and availability of water directly influence composition and distribution of flora and fauna in any biotic community. The project study area lies within the eastern Piedmont Physiographic Province. The topography in this section of Nash County is broad and flat to long slopes and is drained directly by Stoney Creek. Project elevation is approximately 115.0 ft (35.1 m) above mean sea level (msl). A.1 Soils Three soil phases occur within the study area: Meggett loam, Altavista sandy loam, and Georgeville loam soils. They are as follows: • Megggett loam is a frequently flooded, poorly drained, nearly level soil that occurs on flood plains. Permeability is slow, surface runoff is very slow, the seasonal high water table is at or near the surface most of the year, and this soil type is subject to flooding after prolonged rains. (USDA 1989) • Altavista sandy loam with 0 to 3 percent slopes, rarely flooded, moderately well drained, nearly level to gently sloping soil that occurs on low terraces along the large 4 streams in Nash County. Permeability is moderate, surface runoff is slow, and the seasonal high water table is located between 18 and 30 inches below the surface during the winter. The seasonal high water table and the hazard of flooding are the major limitations for this soil type. (USDA 1989) Georgeville loam with 6 to 10 percent slopes, well drained, moderately sloping soil that occurs *on upland side slopes and slopes breaking to streams throughout Nash County. Permeability is moderate, surface runoff is rapid, and erosion is a severe hazard if soil is not protected. Slopes and moderate permeability in the subsoil are limitations of this soil type. (USDA 1989) A.2 Water Resources This section contains information concerning those water resources likely to be impacted by the project. Water resource information encompasses physical aspects of the resource, its relationship to major water systems, Best Usage Standards, and water quality of the resources. Probable impacts to surface water resources and minimization methods are also discussed. A.2.1 Waters Impacted and Characteristics Stoney Creek will be the only surface water resource directly impacted by the proposed project. (Figure 2). Stoney Creek is located in subbasin 03-03-02 of the Tar-Pamlico River Basin. The average baseflow width is approximately 35.0 ft (10.7 m). The average depth is approximately 7.0 ft (2.1 m). Stoney Creek has a loamy sand substrate. A.2.2 Best Usage Classification Streams have been assigned a best usage classification by the NCDWQ. The classification of the Stoney Creek (DEM Index No. 28-68) is C NSW (NCDWQ 1999). Class C refers to waters suitable for aquatic life propagation and survival, fishing, wildlife, secondary recreation, and agriculture. The supplemental classification of NSW denotes Nutrient Sensitive Waters that require limitations on nutrient inputs. Neither High Quality Waters (HQW), Water Supplies (WS4: undeveloped watersheds or WS-II: predominately undeveloped watersheds), nor Outstanding Resource Waters (ORW) occur within 1.0 mi (1.6 km) of the project study area. A.2.3 Water Quality The DWQ has initiated a basin-wide approach to water quality management for each of the 17 river basins within the state. To accomplish this goal, the DWQ collects biological, chemical, and physical data that can be used in basinwide assessment and planning. All basins are reassessed every five years. Prior to the implementation of the basinwide approach to water quality management, the Benthic Macroinvertebrate 5 Ambient Network (BMAN) assessed water quality by sampling for benthic macroinvertebrate organisms at fixed monitoring sites throughout the state. There is one BMAN station located on Stoney Creek within 1.0 mi (1.6 km) of the project study area. The station (DEM No. T2-7, DEM Index No. 28-68) is located on Stoney Creek at SR 1603 in Nash County and was assigned a biological classification of fair in July 1992. Many benthic macroinvertebrates have stages in their life cycle that can last from six months to one year, therefore, the adverse effects of a toxic spill will not be overcome until the next generation. Different taxa of macroinvertebrates have different tolerances to pollution, thereby, long-term changes in water quality conditions -can be identified by population shifts from pollution sensitive to pollution tolerant organisms (and vice versa). Overall, the species present, the population diversity, and the biomass are reflections of long-term water quality conditions. 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 point source dischargers are located on Stoney Creek within 1.0 mi (1.6 km) of the project study area. A.2.4 Summary of Anticipated Impacts Replacing an existing structure in the same location with a road closure during construction is almost always preferred. It poses the least risk to aquatic organisms and other natural resources. Bridge replacement on a new location usually results in more impacts. Utilizing the full right-of-way width of 80.0 ft (24.4 m), anticipated impacts to Stoney Creek due to the bridge replacement will be 80.0 ft (24.4 m). Project impacts, both aquatic and terrestrial total 1.6 ac (0.6 ha). The area of aquatic and terrestrial environment's impacted is 0.06 ac (0.03 ha) and 1.5 ac (0.6 ha) respectively. Usually, project construction does not require the entire ROW, therefore, actual impacts may be considerably less. Project construction may result in the following impacts to surface waters: 1. Increased sedimentation and siltation from demolition, construction and/or erosion 2. Changes in light incidence and water clarity due to increased sedimentation and vegetation removal 3. Alteration of water levels and flows due to interruptions and/or additions to surface and ground water flow from construction 4. Changes in water temperature due to streamside vegetation removal 6 5. Increased nutrient loading during construction via runoff from exposed areas 6. Increased concentration of toxic compounds from highway runoff, demolition, construction, and toxic spills. Precautions must be taken to minimize impacts to water resources in the study area. NCDOT's Best Management Practices (BMP) for the Protection of Sensitive Waters must be strictly enforced during the construction stage of the project. Guidelines for these BMPs include, but are not limited to minimizing built upon area and diverting stormwater away from surface water supply waters as much as possible. Provisions to preclude contamination by toxic substances during the construction interval must also. be strictly enforced. B. BIOTIC RESOURCES Biotic resources include aquatic and terrestrial ecosystems. This section describes those ecosystems encountered in the study area as well as the relationships between flora and fauna within these ecosystems. Composition and distribution of biotic communities throughout the project area are reflective of topography, hydrologic influences, and past and present land uses in the study area. Descriptions of the terrestrial systems are presented in the context of plant community classifications and follow descriptions presented by Schafale and Weakley (1990) in Classification of Natural Communities of North Carolina where possible. Dominant flora and fauna observed, or likely to occur, in each community are described and discussed. Scientific nomenclature and common names (when applicable) are provided for each plant and animal species described. Plant taxonomy generally follows Radford et al. (1968). Animal taxonomy follows Martof et al. (1980), Potter et al. (1980) and Webster et al. (1985). Subsequent references to the same organism will include the common name only. Fauna observed during the site visits are denoted with an asterisk (*). Published range distributions and habitat analysis are used in estimating fauna expected to be present within the project area. B.1 Terrestrial Communities Six distinct terrestrial communities are identified in the project study area: successional community, riparian community, Fresh Water Marsh Community community, maintained yard, cleared lot, and maintained/disturbed roadside. Community boundaries within the study area are well defined without a significant transition zone between them. Faunal species likely to occur within the study area will exploit all communities for shelter and foraging opportunities or as movement corridors. 7 B.1.1 Successional Community The successional community is present to the east of SR 1603 and south of Stoney Creek. It borders the maintained/disturbed roadside community to the east and is adjacent to the riparian community. This area is vegetated in the canopy with sweetgum (Liquidambar styraciua), red maple (Acer rubrum), and loblolly pine (Pinus taeda). The understory consists of high bush blackberry (Rubus argutus), smooth sumac (Rhus glabra), American holly (Ilex opaca), and Japanese honeysuckle (Lonicera japonica). Wildlife associated with the successional community include: white-tailed deer* (Odocoileus virginianus) evidenced by tracks, eastern chipmunk (Tamias striatus), opossum (Didelphis marsupialis), deer mouse (Peromyscus maniculatus), gray squirrel (Sciurus carolinensis), raccoon* (Procyon lotor), and snakes* (Ophidia). Avian species utilizing the successional community likely include: pigeons* (Columba livia), blue jay (Cyanocitta cristata), American robin (Turdus migratorius), red-tailed hawk (Buteo jamaicensis), and mallards (Anas platyrhynchos). B.1.2 Riparian Community The riparian community is present.along the Stoney Creek corridor. The canopy is composed of river birch (Betula nigra), water oak (Quercus nigra), willow oak (Quercus phellos), sweetgum, and swamp tupelo (Nyssa bflora). Vegetation of the understory includes cherry (Prunus sp.), black haw (Viburnum prunifolium), green brier (Smilax rotundifolia), American holly, ironwood (Carpinus caroliniana), and lizard's tail (Saururus cernuus). Faunal species frequenting the riparian community will be largely those species inhabiting the successional community. B.1.3 Fresh Water Marsh Community The Fresh Water Marsh Community occurs on both sides of Stoney Creek. Vegetation within this area includes lizard's tail, soft rush (Juncos effuses), black willow (Salix nigra), and arrow arum (Peltandra sp.). Faunal species frequenting the Fresh Water Marsh Community will be largely those species inhabiting the successional community. B.1.4 Maintained Yard The maintained yard is present east of SR 1603 and north of Stoney Creek. Grasses (Festuca sp.) are the predominant vegetation occuring within this area. 8 l Faunal species frequenting the maintained yard will be largely those species inhabiting the successional community. B.1.5 Cleared Lot The cleared lots are present to the south of Stoney Creek and the Fresh Water Marsh Community communities. Grasses (Festuca sp.) is the dominate vegetation type inhabiting this area. Faunal species frequenting the cleared lots will be largely those species inhabiting the successional community. B.1.6 Maintained/Disturbed Roadside The maintained/disturbed roadside community includes road shoulders along SR 1603 that are present along the entire length of the project. This area is vegetated by fescue (Festuca sp.), Japanese honeysuckle, plantain (Plantago sp.), ragweed (Ambrosia sp.), Indian strawberry (Duchesnea indica), trumpet creeper (Campsis radicans), high bush blackberry, goldenrod (Solidago sp.), Virginia- creeper (Parthenocissus quinquefolia), ash, sweetgum, red maple, poison ivy (Toxicodendron radicans), and wild onion (Allium canadense). Faunal species frequenting the maintained/disturbed roadside community will be largely those species inhabiting the successional community. B.2 Aquatic Communities One aquatic community, Stoney Creek, will be impacted by the proposed project. Physical characteristics of a water body and the condition of the water resource influence faunal composition of aquatic communities. Terrestrial communities adjacent to a water resource also greatly influence aquatic communities. No submersed or emergent aquatic vegetation was observed within this section of Stoney Creek. Vegetation along the bank of Stoney Creek includes river birch, water oak (Quercus nigra), cherry, black haw, willow oak, green brier, American holly, ironwood, sweetgum, swamp tupelo, and lizard's tail. Fauna associated with these aquatic communities includes various invertebrate and vertebrate species. Fish species likely to occur in Stoney Creek include minnows* (Family Cyprinidae). Invertebrates that would be present include various species of caddisflies (Trichoptera), mayflies (Ephemeroptera), dragonflies (Odonata), damselflies (Odonata), amphipods* (Amphipoda), bivalves* (Bivalva), and water. striders* (Gerridae). 9 B.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 impacts to the natural resources in terms of area impacted and ecosystems affected. Temporary and permanent impacts are considered here as well. Calculated impacts to terrestrial resources reflect the relative abundance of each community present within the study area. Project construction will result in clearing and degradation of portions of these communities. Table 1 summarizes potential quantitative losses to these biotic communities resulting from project construction. Estimated impacts are derived using the entire proposed ROW width of 24.4 m (80.0 ft). Usually, project construction does not require the entire ROW, therefore, actual impacts may be considerably less. Table 1. Anticinated imnactc frnm the nrnnnced nrniert to hintir rnmmnnitiPC_ Permanent Project IM pacts Community Types Wetland U land Totals Successional Community -- .0.10 (0.04) 0.10 (0.04) Riparian Community -- 0.17 (0.07) 0.17 (0.07) Fresh Water Marsh Community 0.05 (0.02) -- 0.05 (0.02) Cleared Area -- 0.84 (0.34) 0.84 (0.34) Maintained Yard -- 0.05 (0.02) 0.05 (0.02) Maintained/Disturbed Roadside -- 0.32 (0.13) 0.32 (0.13) Stoney Creek 0.06 (0.03)-- -- 0.06 (0.03) Total 0.11 (0.05) 1.48 (0.60) 1.59(0.65) Note: Values cited are in acres (hectares). Plant communities found within the proposed project area serve as nesting and sheltering habitat for various wildlife species. Replacing Bridge No. 73 and its associated improvements may reduce habitat for some faunal species. However, due to the size and scope of this project, it is anticipated that impacts to fauna will be minimal. Areas modified by construction (but not paved) will become road shoulders and early succession habitat. Reduced habitat will displace some wildlife further from the roadway while attracting other wildlife by the creation of an early succession habitat. Animals temporarily displaced by construction activities may repopulate areas suitable for the species. Aquatic communities are sensitive to even small changes in their environment. Stream channelization, scouring, siltation, sedimentation, and erosion from project-related work would affect water quality and biological constituents. Although direct impacts may be 10 temporary, environmental impacts from these construction processes may result in long term or irreversible effects. Impacts often . associated with in-stream construction include increased channelization and scouring of the streambed. In-stream construction alters the stream substrate and may remove streamside vegetation at the site. Disturbances to the substrate will produce siltation, which in excessive amounts may clog the gills and/or feeding mechanisms of benthic organisms (sessile filter-feeders and deposit- feeders), fish and amphibian species. Benthic organisms could also be covered by excessive amounts of sediment. These organisms are slow to recover or repopulate a stream. Due to the negative effects of siltation, it is recommended that silt curtains be used during construction. The removal of streamside vegetation and placement of fill material at the construction site alters the terrain. Alterations of the streambank can enhance the likelihood of erosion and sedimentation. Revegetation stabilizes and holds the soil thus mitigating these processes. Erosion and sedimentation carry soils, toxic compounds, and other materials into aquatic communities at the construction site. These processes increase turbidity and can cause the formation of sandbars at the site and downstream, thereby altering water flow and the growth of vegetation. Streamside clearing also leads to more direct sunlight penetration and to elevations of water temperatures that may impact some species. C. JURISDICTIONAL TOPICS This section provides descriptions, inventories, and impact analysis pertinent to two important issues; "waters of the United States" and rare and protected species. C.1 Waters of the United States Surface waters and jurisdictional wetlands fall under the broader category of "waters of the United States" as defined in 22 CFR Part 328.3. Any action that proposes to dredge or place fill material into surface waters or adjacent wetlands falls under the jurisdiction of the U.S. Army Corps of Engineers (COE) under Section 404 of the Clean Water Act (33 USC 1344). Surface waters include all standing or flowing waters that 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. C.1.1 Characteristics of Wetlands and Surface Waters Potential wetland communities were investigated pursuant to the 1987 Corps of Engineers Wetlands Delineation Manual. The three-parameter approach is used where hydric soils, hydrophytic vegetation, and prescribed hydrologic characteristics must all be present for an area to be considered a wetland. 11 There are wetlands in the project area on both sides of Stoney Creek. According to Cowardin's classification system, the Fresh Water Marsh Community is a PEM 1 C wetland type (palustrine, emergent, persistent, seasonally flooded) (Cowardin et al, 1979). The wetlands are of medium quality. Vegetation within the area includes lizard's tail, soft rush, black willow, and arrow arum. Soils within these communities are as follows: Data Point 1: 0 to 13 cm (0 to 5 in) - matrix color of 10YR 3/2 with 2.5YR 3/6 redoximorphic features 13 to 30 cm. (5 to 12 in) - matrix color of 10YR 5/2 with 2.5YR 3/6 redoximorphic features Soil saturated within the upper 30 cm (12 in) Hydrological characteristics for this area include waterstained leaves and drift lines. Data Point 2: 0 to 10 cm (0 to 4 in) - matrix color of l OYR 5/4 with 2.5YR 3/6 gleying features 10 to 15 cm (4 to 6 in) - matrix color l OYR 6/8, no apparent redoximorphic features 15 to 23 cm (6 to 9 in) - matrix color l OYR 6/6, no apparent redoximorphic features Below 23 cm (9 in) - matrix color l OYR 5/2, no apparent redoximorphic features Soil saturated in the upper 30 cm (12 in) Hydrological characteristics within this area includes drift lines, drainage patterns, water stained leaves, and water marks on trees. Stoney Creek is a jurisdictional surface water under Section 404 of the Clean Water Act (33 USC 1344). Discussion of the biological, physical, and water quality aspects of all surface waters in the project area are presented in previous sections of this report. C.1.2 Summary of Anticipated Impacts Anticipated impacts to surface waters are determined by using the entire project ROW width of 80.0 ft (24.4 m). Considering the proposed project, impacts to Stoney Creek will consist of an 80 linear foot width and a 35.0 ft (10.7 m) long crossing of Stoney Creek, for an area of 0.06 ac (0.03 ha). Usually, project construction does not require the entire ROW, therefore actual surface water impacts may be considerably less. The total area of wetlands impacted within the project area is 0.05 ac (0.02 ha). C.1.3 Permits As described above, 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 charged with protecting the water quality of public water resources. 12 Nationwide Permit 23 (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 • the activity, work, or discharge is categorically excluded from environmental documentation because it is included within a category of actions which neither individually nor cumulatively have a 'significant effect on the human environment, and • the office of the Chief of Engineers has been furnished notice of the agency's or department's application for the categorical exclusion and concurs with that determination. This project will 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. C.1.4 Bridge Demolition Bridge No. 73 on SR 1603 is located over Stoney Creek in Nash County. The superstructure is composed of reinforced concrete deck and rails on steel beams. The substructure is composed of concrete caps on timber piles. Removal of the bridge superstructure and timber piles should occur without dropping any of the components into the Waters of the United States. However, there is the potential for components of the concrete caps to drop into the Waters of the United States during construction. The resulting temporary fill associated with the concrete caps is approximately 19 yd3 (14.2 m3). 13 C.1.5 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 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. C.1.5.1 Avoidance 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. Due to the fact that this is a bridge replacement project, avoidance is not possible. C.1.5.2 Minimization 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 of median widths, ROW widths, fill slopes and/or road shoulder widths. Other practical mechanisms to minimize impacts to "waters of the United States" crossed by the proposed project include: strict enforcement of sedimentation control BMP's for the protection of surface waters during the entire life of the project; reduction of clearing and grubbing activity; reduction/elimination of direct discharge into streams; reduction of runoff velocity; re-establishment of vegetation on exposed areas; judicious pesticide and herbicide usage; minimization of "in-stream" activity; and litter/debris control. Wetland impacts are minimized in this project by not building the replacement bridge or the temporary detour bridge on the west side of the existing bridge. C.1.5.3 Compensatory Mitigation Compensatory mitigation is not normally considered until anticipated impacts to "waters of the United States" have been avoided and minimized to the maximum extent practicable. 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 14 mitigation is required for unavoidable adverse impacts that remain after all appropriate and practicable minimization has been performed. Compensatory actions often include restoration, creation, and enhancement of "waters of the United States." Such actions should be undertaken in areas adjacent to or contiguous to the discharge site whenever possible. Compensatory mitigation is not usually necessary with a Nationwide Permit No. 23. C.2 Rare and Protected Species Some populations of flora and fauna have been in, or are in, the process of decline either due to natural forces or their inability to coexist with human activities. 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 U.S. Fish and Wildlife Service (FWS). Other species may receive additional protection under separate state laws. C.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 25 February 2003, the FWS lists the following federally protected species for Nash County. A brief description of the characteristics and habitat requirements for these species along with a conclusion regarding potential project impacts follows Table 2. Table 2. Federally Proteeted Cneripe fnr Nuch i'nunty Scientific Name Common Name Federal Status Picoides borealis Red-cockaded woodpecker Endangered Alasmidonta heterodon Dwarf wed emussel Endangered Elli do steinstansana Tar River in ussel Endangered nnum crcu is uerumeu as a species that is threateneo with extinction throughout all or a significant portion of its range. Picoides borealis (red-cockaded woodpecker) Endangered Animal Family: Picidae Date Listed: 13 October 1970 The red-cockaded woodpecker (RCW) once occurred from New Jersey to southern Florida and west to eastern Texas. It occurred inland in Kentucky, Tennessee, Arkansas, Oklahoma, and Missouri. The RCW is now found only in coastal states of its historic range and inland in southeastern Oklahoma and southern Arkansas. In North Carolina moderate populations occur in the sandhills and southern coastal plain. The few populations found in the Piedmont and northern coastal plain are believed to be relics of former populations. 15 The adult 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 greater than 60 years old and are contiguous with pine stands at least 30 years of age. The foraging range of the RCW is up to 500 ac (200 ha). 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 12-100 ft (3.6-30.3 m) above the ground and average 30-50 ft (9.1-15.7 m) high. They can be identified by a large incrustation of running sap that surrounds the tree. The incrustation of sap is believed to be used as a defense by the RCW against possible predators. A colony of woodpeckers usually consists of one breeding pair and the offspring from previous years. The RCW lays its eggs in April, May, and June; the eggs hatch approximately 38 days later. Clutch size ranges in number from three to five eggs. All members of the colony share the raising of the young. Red-cockaded woodpeckers feed mainly on insects but may feed on seasonal wild fruits. BIOLOGICAL CONCLUSION: NO EFFECT The mature, open pine stands that the RCW needs are not present in the project area. The pines that exist in the project area are not mature enough and do not contain the large open tracts of foraging habitat required by the RCW. The North Carolina Natural Heritage Program database was checked on March 29, 2001 and there were no records of existing populations of RCW in the project area. No habitat for RCW exists in the project area. Thus, no impacts to RCW will occur from project construction. Alasmidonta heterodon (Dwarf wedge mussel) Endangered Animal Family: Unionidae Date Listed: 14 March 1990 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. Known populations of the dwarf wedge mussel in North Carolina are found in Middle Creek and the Little River of the Neuse River Basin and in the upper Tar River and 16 Cedar, Crooked, and Stoney Creeks of the Tar River system. The dwarf wedge mussel inhabits creek and river areas with a slow to moderate current and a sand, gravel, or muddy bottom. This mussel is sensitive to agricultural, domestic, and industrial pollutants and requires a stable silt free stream bed with well oxygenated water to survive. BIOLOGICAL CONCLUSION: NOT LIKELY TO ADVERSLY AFFECT The North Carolina Natural Heritage Program (NHP) database was checked on March 29, 2001 and there were no records of existing populations of the Dwarf wedge mussel in the project area. A mussel survey was made on September 12, 2002 by NC DOT Technical Specialist, John Alderman. No federally listed species were found and habitat quality for the listed species was poor throughout most of the surveyed area. Elliptio steinstansana (Tar River spinymussel) Endangered Animal Family: Unionidae Date Listed: 29 July 1985 The Tar River spinymussel is endemic to the Tar River drainage basin, from Falkland in Pitt County to Spring Hope in Nash County. Populations of the Tar River spinymussel can be found in streams of the Tar River Drainage Basin and of the Swift Creek Drainage Sub-Basin. This mussel requires a stream with fast flowing, well. oxygenated, relatively silt free, circumneutral pH water, and a stream bottom composed of uncompacted gravel and coarse sand. This mussel is known to rely on some species of freshwater fish as intermediate hosts for its larvae. The Tar River spinymussel is a very small mussel named for spines which project perpendicularly from its 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: NOT LIKELY TO ADVERSLY AFFECT The North Carolina Natural Heritage Program (NHP) database was checked on March 29, 2001 and there were no records of existing populations of the Tar River spinymussel in the project area. A mussel survey was made on September 12, 2002 by NC DOT Technical Specialist, John Alderman. No federally listed species were found and habitat quality for the listed species was poor throughout most of the surveyed area. C.2.2 Federal Species of Concern and State Listed Species There are eight Federal Species of Concern listed by the FWS for Nash County. Federal Species of Concern are not afforded federal protection under the Endangered Species Act 17 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 (FSC) are defined as a species that is under consideration for listing but 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 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 federal species of concern, the state status of these species (if afforded state protection), and the potential for suitable habitat in the project area for each species. This species list is provided for information purposes as the protection status of these species may be upgraded in the future. Surveys for these species were not conducted during the site visit, nor were any of these species observed. A review of the NCNHP database on March 29, 2001 of rare species and unique habitats revealed no records of endangered, threatened, or federal species of concern within 1.0 mi (1.6 km) project study area Table 3. Federal Snecies of Concern for Nash County Scientific Name Common Name State Status Habitat Present L thrurus matutinus Pinewoods shiner SR** yes Elli do lanceolata Yellow lance - T yes Fusconaia masoni Atlantic i oe T yes Lam sills cariosa Yellow lam mussel T yes Lasmi ona subviridis Green floater E yes S eria diana Diana fritillazy butterfly SR** yes Lilium iridollae Sandhills bog lily T* no Trillium usillum var. usillum Carolina least trillium E no "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. * - Historic record - the species was last observed in the county more than 20 years ago. **-Obscure record - the date the species was last observed is uncertain. 18 VI. CULTURAL RESOURCES A. Compliance Guidelines This project is subject. to compliance with Section 106 of the National Historic Preservation Act of 1966, as amended, implemented by the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106, codified at Title 36 CFR Part 800. Section 106 requires Federal agencies to take into account the effect of their undertakings (federally funded, licensed, or permitted) on properties included in or eligible for inclusion in the National Register of Historic Places and afford the Advisory Council a reasonable opportunity to comment on such undertakings. B. Historic Architecture On December 5, 2000, the State Historic Preservation Office (SHPO) reviewed the subject project. Subsequently, the SHPO recommended no architectural surveys be conducted in connection with this project (see attachment). C. Archaeology On December 5, 2000, the State Historic Preservation Office (SHPO) reviewed the subject project. Subsequently, the SHPO recommended no archaeological surveys be conducted in connection with this project (see attachment). VII. GENERAL ENVIRONMENTAL EFFECTS The project is expected to have an overall positive impact. Replacement of an inadequate bridge will result in safer traffic operations. The project is considered to be a Federal "Categorical Exclusion" due to its limited scope and lack of substantial environmental consequences. The bridge replacement will not have an adverse effect on the quality of the human or natural environment with the use of the current North Carolina Department of Transportation standards and specifications. The project is not in conflict with any plan, existing land use, or zoning regulation. No change in land use is expected to result from the construction of the project. No adverse impact on families or communities is anticipated. Right-of-Way acquisition will be limited. No relocatees are expected with implementation of the proposed alternative. No adverse effect on public facilities or services is expected. The project is not expected to adversely affect social, economic, or religious opportunities in the area. 19 The proposed project will not require right-of-way acquisition or easement from any land protected under Section 4(f) of the Department of Transportation Act of 1966. This project has been coordinated with the United States Natural Resources Conservation Service. The Farmland Protection Policy Act requires all federal agencies or their representatives to consider the potential impact to prime farmland " of all land acquisition and construction projects. There are no soils classified as prime, unique, or having state or local importance in the vicinity of the project. Therefore, the project will not involve the direct conversion of farmland acreage within these classifications. This project is an air quality "neutral" project, so it is not required to be included in the regional emissions analysis and a project level CO analysis is not required. If vegetation is disposed of by burning, all burning shall be done in accordance with applicable local laws and regulations of the North Carolina State Implementation Plan (SIP) for air quality in compliance with 15 NCAC 2D.0520. This evaluation completes the assessment requirements for air quality (1990 Clean Air Act Amendments and the National Environmental Policy Act) and no additional reports are required. The project will not substantially increase traffic volumes. Therefore, it will not have substantial impact on noise levels. Temporary noise increases may occur during construction. This evaluation completes the assessment requirements for highway traffic noise of Title 23, Code of Federal Regulation (CFR), Part 772 and no additional reports are required. An examination of records at the North Carolina Department of Environment and Natural Resources, Division of Environmental Management, Groundwater Section and the North Carolina Department of Human Resources, Solid Waste Management Section revealed no underground storage tanks or hazardous waste sites in the project area. Nash County is a participant in the National Flood Insurance Program. There are no practical alternatives to crossing the floodplain area. Any shift in alignment will result in an impact area of about the same magnitude. The proposed project is not anticipated to increase the level or extent of upstream flood potential. On the basis of the above discussion, it is concluded that- no substantial adverse environmental impacts will result from implementation of the project. 20 NORTH CAROLINA DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS PROJECT DEVELOPMENT & ENVIRONMENTAL ANALYSIS BRANCH NASH COUNTY REPLACE BRIDGE 73 ON SR 1603 OVER STONEY CREEK B-3879 Figure One Looking North toward the Bridge -3879 FIGURE Looking North from the Bridge Looking South from the Bridge -,7g FIGURE 3B LLooking at Downstream, sire the Bridge United States Department of the-Interior FISH. AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27630726 May 14, 2003 Dr. Gregory J. Thorpe North Carolina Department of Transportation Project Development-and Environmental Analysis 1548 Mail Service Center Raleigh, North.Carolina 27699-1548 Dear Dr. Thorpe: This letter is in response to your letter of April 29, 2003 providing the U.S. Fish and Wildlife Service (Service) with notification of a design change for the replacement of Bridge No. 73 on SR 1603 over Stoney Creek in Nash County (TIP No. B-3879). The design change has occurred since the Service provided its October 9, 2002 letter concurring that the project is not likely to adversely affect the federally-endangered dwarf wedge mussel (Alasmidonta heterodon) and the Tar spinymussel (Elliptio steinstansana). The Service finds that the design changes are minimal and will not change our initial concurrence. These comments are provided in accordance with section 7 of the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. 1531-1543). The Service appreciates the opportunity to review this project. If you have any questions regarding ouaresponse, please contact Mr. Gary Jordan at (919) 856-4520 (Ext. 32). Sincerely, Garland B. Pardue, Ph.D. Ecological Services Supervisor cc: Mike Bell, USACE, Washington, NC David Franklin, USACE, Wilmington, NC John Hennessy, NCDWQ, Raleigh, NC Travis Wilson, NCWRC, Creedmore, NC Chris Militscher, USEPA, Raleigh, NC ;OCEI v O M4Y 16 2003 United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Feld Office Post Office Box 33726 Raleigh, North Carolitia 276363726 October 9, 2002 Dr. Gregory J. Thorpe North Carolina Department of Transportation Project Development and Environmental Analysis 1548 Mail Service Center Raleigh, North Carolina 27699-1548 Dear Dr. Thorpe: 0CT = 2002 = OV =2 r YYP° ? t?,, l DEYE?? `yg This letter is in response to your letter of October 3, 2002 providing the U.S. Fish and Wildlife Service (Service) with the biological conclusion of the North Carolina Department of Transportation (NCDOT) that the replacement of Bridge No. 73 on SR 1603 over Stoney Creek in Nash County (TIP No. B-3879) is not likely to adversely affect the federally-endangered dwarf wedge mussel (Alasmidonta heterodon) and the Tar spinymussel (Elliptio steinstansana). These comments are provided in accordance with section 7 of the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. 1531-1543). According to the information you submitted, a mussel survey was conducted at the project site on September 12, 2002. The survey was conducted 100 meters upstream and 300 meters downstream of SR 1603. Neither of the federally listed species was found, and habitat quality for the two species was poor throughout much of the surveyed area. However, the dwarf wedge mussel has been found in Stoney Creek several miles upstream near SR 1302. During an informal on-site meeting held on September 24, 2002, several environmental commitments were discussed and agreed upon by all parties. These environmental commitments are listed in Joel Johnson's September 24, 2002 memo to the NCDOT B-3879 Project File, which was included as an attachment to your October 3, 2002 letter to us. Based on the mussel survey results, and provided that NCDOT adheres to the stated environmental commitments, the Service concurs with your conclusion that the proposed bridge replacement is not likely to adversely affect the dwarf wedge mussel and Tar spinymussel. We believe that the requirements of section 7 (a)(2) of the ESA have been satisfied. We remind you that obligations under section 7 consultation must be reconsidered if. (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered in this review; (2) this action is subsequently modified in a manner that was not considered in this review; or, (3) a new species is listed or critical habitat determined that may be affected by the identified action. The Service appreciates the opportunity to review this project. If you have any questions regarding our response, please contact Mr. Gary Jordan at (919) 556-4520 (Ext. 32). Sincerely, <; jZx ?? Garland B. Pardue, Ph.D. Ecological Services Supervisor cc: Eric Alsmeyer,. USACE, Raleigh, NC John Hennessy, NCDWQ, Raleigh, NC David Cox, NCWRC, Northside, NC Chris Militscher, USEPA, Raleigh, NC ., •y r North Carolina Department of Cultural Resources State Historic Preservation Office David L. S. Brook, Administrator ichael F. Easley, Governor sbeth C. Evans, Secretary March 26, 2001 MEMORANDUM Jeffrey To: William D. Gilmore, PE, Manager Project Development and Environmental Analysis Branch From David Brook `U Ugs?- Deputy State Histo 'c Preservation Officer Re: Replacement of Bridge No. 73 on SR 1603 over tributary of Stoney Creek, TIP No. B-3879, Nash County, ER 01-7936 On December 5, 2000, April Montgomery of our staff met with the North Carolina Department of Transportation (NCDOT) staff for a meeting of the minds concerning the above project. She reported our available information on historic architectural and archaeological surveys and resources along with our recommendations. NCDOT provided project area and aerial photographs at the meeting,. 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 two 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 project area. Based on our present knowledge of the area, it is unlikely that any archaeological resources which maybe 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 MAY 2'7 0003 ,-= Having provided this information, we look forward to the 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 and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. u , t) ??`, s15d r-? P F ?G?1 uE? Location Mailing Address Telephone/Fax dministration 507 N. Blount St. Raleigh. NC 4617 Mail Service Center. Raleigh 27699-4617 (919) 733-4763.733-8653 irstion 515 N. 13lount St. Raleigh . NC 4613 Mail Service Center. Raleigh 27699-4613 (919) 733-6547.715-4801 & Planning 515 N. Blount St. Rakich. NC 4618 Mail Service Center. Raleigh 27699-4613 (919) 7334763 •715-4801 Page 2 William Gilmore March 26, 2001 Thank you for your cooperation and consideration. If you have any questions concerning the above comment, contact Renee Gledhill-Earley, Environmental - Review Coordinator, at 919 733-4763. DB:kgc cc: Mary Pope Furr C" ,y =s. Jphrn tt- United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 38726 Raleigh, North Carolina 27636.3726 April 15, 2004 Phil Harris North Carolina Department of Transportation Project Development and Environmental Analysis 1598 Mail Service Center Raleigh, North Carolina 27699-1598 Dear Mr. Harris: C)q 1 zo 3 ,AJ075?,) This letter is in response to your letter of April 1, 2004 which provided the U.S. Fish and Wildlife Service (Service) with the biological conclusion of the North Carolina Department of Transportation that the replacement of Bridge No. 73 on SR 1603 over Stoney Creek in Nash County (TIP No. B-3879) may affect, but is not likely to adversely affect the federally threatened bald eagle (Haliaeetus leucocephalus). These comments are provided in accordance with section 7 of the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. 1531- 1543). According to the information you submitted, a walking visual search was conducted within a one mile radius of the project site on March 25, 2004. No eagles or eagle nests were observed. Based on the information provided and other available information, the Service concurs with your conclusion that the proposed bridge replacement may'affect, but is not likely to adversely affect the bald eagle. We believe that the requirements of section 7(a)(2) of the ESA have been satisfied for this species. We remind you that obligations under section 7 consultation must be reconsidered if. (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered in this review; (2) this action is subsequently modified in a manner that was not considered in this review; or (3) a new species is listed or critical habitat determined that may be affected by this identified action. The Service appreciates the opportunity to review this project. If you have any questions regarding our response, please contact Mr. Gary Jordan at (919) 856-4520 (Ext. 32). Sincerely, 7?? Garland B. Pardue, Ph.D. Ecological Services Supervisor cc: Mike Bell, USACE, Washington, NC John Hennessy, NCDWQ, Raleigh, NC Travis Wilson, NCWRC, Creedmoor, NC Chris Militscher, USEPA, Raleigh, NC