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HomeMy WebLinkAbout20041174 Ver 1_Complete File_20040720Michael 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 15, 2004 Rockingham County DWQ Project No. 04-1174 Victory Hill Church Rd (SR 1348) APPROVAL of 401 Water Quality Certification Mr. J.M. Mills, P.E. Division Engineer, Division 7 North Carolina Department of Transportation 1584 Yanceyville Street Greensboro, North Carolina, 27415 Dear Mr. Mills: You have our approval, in accordance with the attached conditions and those listed below, to incur the following impacts in order to replace bridge #157 on Victory Hill Church Rd in Rockingham County. • 100 linear feet of new impacts to an unnamed tributary to the Mayo River (60 feet width of corrugated metal pipe arch and 40 feet of rip-rap); Temporary dewatering impacts of approximately 50 square feet for sandbags and rock silt dam. The project shall be constructed in accordance with your application dated July 16, 2004 and an amended application dated September 3, 2004. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Nos. 3404 and 3366, corresponding to the U.S. Army Corps of Engineers Nationwide Permit Numbers 14 and 33. In addition, you should acquire any other federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval will expire with the accompanying 404 permit, unless otherwise specified in the Water Quality Certification. This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change, you must notify the Division of Water Quality (Division) and submit a new application. If the property is sold, the new owner must be given a copy of this approval letter and certifications, and is thereby responsible for complying with all the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or if total impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you must adhere to the conditions listed in the attached certification and any additional conditions listed below. 1. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. N w Carolina Naturally North Carolina Division of Water Quality 585 Waughtown Street Phone (336) 7714600 Customer Service Internet: h2o.enr.state.nc.us Winston-Salem, NC 27107 FAX (336) 771-4630 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper Mr. J.M. Mills, PE September 15, 2004 DWQ# 04-1174 Page 2 c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 2. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Preconstruction Notice Application. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. 3. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the completion of the project. 4. Riparian vegetation must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 5. Stormwater should be directed to vegetated buffer areas, grass lined ditches or other means appropriate to the site for the purpose of pre-treating stormwater runoff, and must not be routed directly into streams. Mowing of existing vegetated buffers is strongly discouraged, so that they may be utilized for stormwater sheet flow. 6. Where practicable, culverts that are less than 48-inch in diameter should be buried to a depth equal to or greater than 20% of their size to allow for aquatic life passage. Culverts that are 48-inch in diameter or larger should be buried at least 12 inches below the stream bottom to allow natural stream bottom material to become established in the culvert following installation and to provide aquatic life passage during periods of low flow. These measurements must be based on natural thalweg depths. This may require increasing the size of the culvert to meet flow conveyance requirements. If any of the existing pipes are perched, they shall be removed and replaced, and re-installed correctly, unless demonstrated that this is topographically unfeasible. All waters must flow through without freefalling or damming on either end of the culverts during low flow conditions, to maintain aquatic life and/or fish passage. 7. The dimension, pattern and profile of the stream above and below the crossing should not be modified by widening the stream channel or reducing the depth of the stream. 8. Disturbed floodplains and streams should be restored to natural geomorphic conditions. 9. Use of rip-rap for bank stabilization is to be minimized; rather, native vegetation is to be planted when practical. If rip-rap is necessary, it must be limited to the stream bank below the high water mark, and vegetation must be used for stabilization above high water. Any rip-rap used must not interfere with aquatic life passage during low flow conditions. 10. If concrete is used, work must be accomplished so the wet concrete does not contact the stream water. This will lessen the chance of altering the stream's water chemistry and causing a fish kill. 11. Heavy equipment must be operated from the banks rather than in the stream channel in order to minimize sedimentation and reduce the likelihood of introducing other pollutants into the stream. 12. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials. 13. The presence of equipment in the channels must be minimized. Under no circumstances must rock, sand or other materials be dredged from the wetted stream channel under authorization of this permit, except in the immediate vicinity of the culverts. 14. Temporary dewatering sites must be restored to preexisting conditions unless more natural geomorphic conditions can be provided. 15. All work shall be performed during low flow conditions. t Mr. J.M. Mills, PE September 15, 2004 DWQ# 04-1174 Page 3 16. Upon completion of the project, the NCDOT shall complete and return the enclosed "Certification of Completion Form" to notify DWQ when all work included in the 401 Certification has been completed. The responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the Division of Water Quality upon completion of the project. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please contact Sue Homewood at 336-7714600 extension 287 or at Sue.Homewood@ncmail.net. Sincerely, Alan W. Klimek, P.E. Attachment cc: Wilmington District Corps of Engineers John Thomas, USACE Raleigh Field Office Jerry Parker, Division 7, Division Environmental Officer Winston Salem Regional Office Central Files T Mr. J.M. Mills, PE September 15, 2004 DWQ# 04-1174 Page 4 DWQ Project No.: County: Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1621 Mail Service Center, Raleigh, NC, 27699-1621. This form may be returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Agent's Certification Date: I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Engineer's Certification Partial Final Date: I, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project,for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature Registration No. Date MEMORANDUM TO: John Dorney Regional Contact: Non-Discharge Branch WQ Supervisor: Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name NCDOT - Bridge 157 on SR 1348 County ROCKINGHAM Project Number 04 1174 County2 Recvd From DOT Region. Winston-Salem Received Date 7/20/04 Recvd By Region Project Type replace bridge with culvert Certificates Stream Stream Impacts (ft.) Permit Wetland Wetland Wetland Stream Class Acres Feet "- Type Type Impact Score Index Prim. Supp. Basin Req. Req. F14 Stream PT -@N F- 22-30-(5.5) «"STS' F 30.'0. F 1777 F_F_- Mitigation Wetland MitigationType Type Acres Feet Is Wetland Rating Sheet Attached? Q Y 0 N Did you request more info? Q Y (0 N Have Project Changes/Conditions Been Discussed With Applicant? Q Y Q N Is Mitigation required? Q Y 0 N Recommendation: Q Issue O Issue/fond O Deny Provided by Region: Latitude (ddmmss) 362846 Longitude (ddmmss) 795837 Comments: site visit 9/13/04 issued 9/15/04 Stream has widened beneatch existing bridge, braided somewhat from deposits, but looks stable both upstream and downstream of existing bridge. CMPA should not adversely impact stream's cc: Regional Office Central Office Page Number 1 ?T MICHAEL F. EASLEY GOVERNOR STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION 1584 YANCEYVILLE STREET, GREENSBORO, NC 27415 July 16, 2004 Ms. Beth Barnes Wetlands/401 Unit NC DENR Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699 (Courtesy Notification, Two Copies) Mr. John Thomas U.S. Army Corps of Engineers Regulatory Field Office 6508 Falls of the Neuse Road, Suite 105 Raleigh, North Carolina 2761 (Two. Copied 041174 LYNW TIPPETT SECRETARY WETLANDS 1401 GROUP JUL 2 0 2004 WATER QUALITY SECTION SUBJECT: Rockingham County, Bridge Replacement with CM Pipe Arch on Victory Hill Church Road (SR 1348) crossing an unnamed tributary of Mayo River. Project Number 7B.207911 To Whom It May Concern: The North Carolina Department of Transportation (NCDOT) proposes to replace a bridge on Victory Hill Church Rd (SR 1348) a single line of Corrugated Metal (CM) Pipe Arch. The proposed work is being done in order to reduce future maintenance needs and increase traffic safety. This activity will result in impacts to an UT of Mayo River. The NCDOT anticipates that the bridge replacement activity will be authorized under Nationwide Permit (NWP) 3 and 33. This application is intended as a request for Nationwides 3 and 33 from the US Army Corps of Engineers. This application is also intended to serve as a courtesy notification to the NC Division of Water Quality as according to General Water Quality Certification. The following information is being provided to satisfy General Water Quality Certificate # 3376 and #3366. Mussel pre-screenings were conducted by permitted biologists and appropriate resource agencies. It was determined that the site had low probability of supporting mussel fauna and was approved for a mussel screening carried out by NCDOT personnel. No mussels were observed. The stream has clean pebble/gravel/sand substrate. Therefore a biological conclusion of "May Affect-Not Likely to Adversely Affect" was issued for the James spinymussel (attached). Gary Jordan of the US Fish and Wildlife has been mailed a copy of the survey report and concurrence has been requested (attached). No work will be performed until concurrence is received from US Fish and Wildlife Service. PHONE 336-3343192 FAX 336-334-3637 PROJECT INFORMATION Road Name SR Number Project Length (miles) Classification Victory Hill Church Road SR 1348 N/A Rural River Basin: DWQ ID Water Quality Designation % Impervious Surface Roanoke 22-30-(5.5) WS -IV N/A Buffer Rule? Buffer Rule Conditions (where applicable) Protected Species Presentb Mapped Historic Pro erti& CAMA AEC Essential Fishery Habitat No (See attached letters No No No ° Separate documentation attached as needed: ° See the attached Endangered Species Review Sheet for further information: 'When Applicable - See the attached Historic Review Letter for further information BRIDGE REPLACEMENT INFORMATION Site N/A Stream Type Perennial (Station) Existing 36 ft Long X 29 ft wide Proposed 1 @ 137" X 87"X 60 ` W Bride Pie CMPA Construction Pump Around Dewatering ABC Aggregate Method Device* Burial Depth One Foot E/C Plan See Attached Date Construction As soon as practicable Duration 15 days Date Impacts (ft.) 31 lin. ft-enclosure; 30 lit. ft-rip-rap; Approx. 50 sq.ft temporary Special Conditions Restoration Within 15 working days of the of the pipe replacement the natural stream Plan contours will be restored and seeded. Temporary silt screens placed along I shoreline will be cleaned and removed following vegetation establishment. RCP = reinforced concrete pipe; CW = Corrugated. metal pipe; CMPA = Corrugated metal pipe arch; E/C = Erosion control. *A less intrusive dewatering device may be used in lieu of the one proposed. -2- MINIMIZATION INFORMATION Impacts will be minimized by strict enforcement of Best Management Practices for the protection of surface waters and wetlands, restrictions against the staging of equipment in or adjacent to waters of the US, and coordination (including a pre-construction meeting) with the Division Environmental Officer. MITIGATION INFORMATION Stream mitigation is not anticipated, as the impacts to any individual stream do not exceed 150 feet Wetland mitigation is not anticipated, as wetland impacts do not exceed 0.10 acres and do not occur in a unique natural wetland. APPLICATION INFORMATION Enclosed please find the Pre-construction Notification Form and supporting documentation for the above referenced project. If you have any questions or need any additional information, please contact Dennis Johnson at (336) 375-5589 or Jerry Parker at (336) 256-2063. Your time and effort are appreciated. Sincerely, Mr. )on Mills, P.E. Di ngineer, Division 7 cc: Mr. Jerry Parker, Division Environmental Officer Mr. Herbert McDowell, District Engineer Mr. Dennis Johnson, Bridge Maintenance Engineer Mr. Henry Adkins, County Maintenance Engineer Mr. Barry Harrington, Area Roadside Field Operations Engineer Ms. Sue Homewood, NC DWQ -3- Office Use Only: 0 4117 4 Form Version October 2001 USACE Action ID No. DWQ No. If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than leaving the space blank. 1. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ? Section 10 Permit ® 401 Water Quality Certification ? Riparian or Watershed Buffer Rules 2. Nationwide, Regional or General Permit Number(s) Requested: NWP 3 & 33 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: X 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (see section VIII - Mitigation), check here: ? H. Applicankhfermation 1. Owner/Applicant Information Name: Mr. J.M. Mills, P.E, Division Engineer - Division 7 Mailing Address: P.O. Box 14996 Greensboro, NC 27415 Telephone Number: (336) 334-3192 Fax Number: (336) 334-3673 E-mail Address: mmillskdot.state.nc.us 2. Agent Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Jerry Parker Company Affiliation: NCDOT - Division 7 Mailing Address: 1584 Yanceyyille Street Greensboro NC 27415 Telephone Number: (336) 256-2063 Fax Number: (336) 334-4149 E-mail Address: jparker@a dot.state.nc.us Page 1 of 9 M. 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: Victory Hill Church Road Bridge Replacement (SR1348) (Bridge 4157E 2. T.I.P. Project Number or State Project Number (NCDOT Only):#7B.207911(non-TIP) 3. Property Identification Number (Tax PIN): N/A 4. Location County: Itackingham Nearest Town: Stoneville Subdivision name (include phase/lot number): N/A Directions to site (include road numbers, landmarks, etc.): From NC 220 N (Battleg ound Ave) in Greensboro go approximately 30 miles to NC 770 near Stoneville in Rockingham County Turn left on NC 770 and go approximately 3.5 miles to Victory Hill Church Rd (SR 1348) crosssing the Mayo River in the process. Turn right on Victory Hill Church Road and travel approximately 0.7 miles to the site. 5. Site coordinates, if available (UTM or Lat/Long): See the attached USGS map. (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Describe the existing land use or condition of the site at the time of this application: Low density residential. Agriculture and forest. 7. Property size (acres): N/A 8. Nearest body of water (stream/river/sound/ocean/lake): UT to Mayo River Page 2 of 9 9. River Basin: Roanoke (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at httl2://h2o.enr.state.nc.us/admin/maps/.) 10. Describe the purpose of the proposed work: To replace a structurally deficient bridge with one line of 137" X 87" X 60 foot Corrugated Metal Pipe Arch. CMPA). The bridge is being replace, d to improve traffic safety and bring the bridge up to current construction standards. Best Management Practices will be utilized for the removal of the existing bridge. 11. List the type of equipment to be used to construct the project: Road construction equipment (trackhoe grader, bbackhoe, and bulldozer). 12. Describe the land use in the vicinity of this project: Rural Low density residential and agricultural farmland. 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 bum 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 additional permit requests anticipated for this project in the future? 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 Page 3 of 9 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. 1. Wetland Impacts Wetland Impact Site Number indicate on ma Type of Impact* Area of Impact acres Located within 100-year Floodplain** es/no Distance to Nearest Stream linear feet Type of Wetland*** N/A * List each impact separately and identify temporary impacts. Impacts include, but are not Itmtted to: mecnamzea clearing, gramng, nii, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at h T://www.fema.goV. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog etc.) List the total acreage (estimated) of existing wetlands on the property: N/A Total area of wetland impact proposed: N/A 2. Stream Impacts, including all intermittent and perennial streams Stream Impact Lengthof Average Width Perennial or Site Number Type of Impact* Impact Stream Name** of Stream Intermittent? indicate on ma linear feet Before Impact leasespecify) Bridge 31 ft(en) Bridge Site replacement with one line of 50sf(tmp) UT to Mayo River 6 to 10 feet Perennial CMPA 30ft(rp) * List 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.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.toyozone.com, www.mapquest.com, etc.). Page 4 of 9 Cumulative impacts (linear distance in feet) to all streams on site: The camalative impacts are - 31 linear feet enclosure (enl 50 square feet- temporary (tmp), 30 linear feet- rip rap (m) 3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other Water of the U.S. Open Water Impact Site Number indicate on ma Type of Impact* Area of Impact acres Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc. N/A * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: till, 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.): N/A Size of watershed draining to pond: N/A Expected pond surface area: N/A 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. Bridge replacement and wideninm activities are necessary to increase travel lane and shoulder width to current construction standards. Impacts will be minimized by strict enforcement of Best Management Practices for the protection of wetland and surface waters, restrictions against the staging of equipment in or adjacent to waters of the US, and coordination with the Division Environmental Officer. Best Management Practices will also be utilized during the demolition of the old bridge Page 5 of 9 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. 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/strmgide.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. A finding of insignificant impact is anticipated Cumulative impacts are less than 150 feet. The maximum amount of permanent impact to a the stream is 31 linear feet. No Outstanding Resource Waters federally protected species or their habitats or essential fishery habitats occur in the project area The project is not located in a High Quality Water. 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that you would like to pay into the NCWRP. Please note that payment into the NCWRP must be reviewed and approved before it can be used to satisfy mitigation requirements. Applicants will be notified early in the review process by the 401/Wetlands Unit if payment into the NCWRP is available as an option. For additional information regarding the application process for the NCWRP, check the NCWRP website at htip://h2o.enr.state.nc.us/«Tp/index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Page 6 of 9 Amount of stream mitigation requested (linear feet): N/A Amount of buffer mitigation requested (square feet): N/A Amount of Riparian wetland mitigation requested (acres): N/A Amount of Non-riparian wetland mitigation requested (acres): N/A Amount of Coastal wetland mitigation requested (acres): N/A IX. Environmental Documentation (DWQ Only) Does the project involve an expenditure of public funds or the use of public (federal/state/local) land? Yes ® No ? If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify N/A )? 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. Page 7 of 9 Zone* Impact (square feet Multiplier Required Miti tion 1 3 2 1.5 Total * 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. 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 XL Stormwater (DWQ Only) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss _ stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. In accordance with the Februarv 25. 1991 delegation agreement one cony of the sediment and erosion control plan will be submitted to DENR - Division of Land Resources and NCDOT Roadside Environmental Prior to construction. XH. Sewage Disposal (DWQ Only) Clearly detail the. ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. XEIL Violations (DWQ Only) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ? No X Is this an after-the-fact permit application? Yes ? No X Page 8 of 9 XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). Applicant/ east's Signature Date (Agent's ,i nature is valid only if an authorization letter from the applicant is provided.) Page 9 of 9 DEPARTMENT OF TRANSPORTATION MICHAEL F. EAsLEY GOVERNOR Gary Jordan US Fish and Wildlife Service Post Office Box 33726 Raleigh, North Carolina-27636 Dear Mr. Jordan: The North Carolina Department of Transportation (NCDOT) proposes to replace Bridge No. 157 on SR 1348 (Victory Hill Church Road) over an unnamed tributary of Mayo River in Caswell County (Project # 7B.207911). The U. S. Fish and Wildlife Service lists James spinymussel (Pleurobema collina) as potentially occurring in Caswell County. Since the Unnamed Tributary occurs within the Mayo River subbasin of the Roanoke River basin, a-survey was conducted. Attached please find a survey report dated July 7, 2004, documenting a survey of the project area for this federally-endangered mussel by NCDOT employee, Jason Mays. As a result of the survey, the Biological Conclusion of "May Affect - Not Likely to Adversely Affect" is considered appropriate. The concurrence of the US Fish and Wildlife Service for this Biological Conclusion is requested. If additional information is required to respond to this request, please contact Jason Mays at 715-1446. Thank you for your assistance. Sincerely, erry Parker Environmental Supervisor Division Seven NCDOT STATE OF NORTH CAROLINA July 16, 2004 LYNDU TIPP£Tr SECRETARY Attachment: survey report MAILING ADDRESS: NC DEPARTMENTOFTRANSPORTATION PROJECT DEvELOWENT AND ENvtRONMENTALANALYSIS 1548 MAIL. SERVICE CENTER TELEPHONE 919-733-3141 FAX:' 919-733-9794 WEBSITE: WWW.N0007'.ORG LOCATION: TRANSPORTATION BuimNG 1 SOUTH WILMINGTON STREET RALEIGH NC U4,, STATE OF NORTH CAROLINA DEPAR.TNENT OF TRANSPORTATION MICHAEL F. EASLEY GOVERNOR July 07, 2004 Memorandum To: Jerry Parker, DEO Division 7 LYNW TIPPETT SECRETARY From Jason W. Mays, Environmental Specialist Office of Natural Environment Subject: Endangered species survey report for replacement of Rockingham County bridge #157, Victory Hill Church Rd (SR 1348) crossing of an unnamed tributary to the Mayo River. This message addresses the Federally Endangered James spinymussel (Pleurobenaa collina), listed by the US Fish and Wildlife Service as occurring in Rockingham County. Division 7 (NCDOT) proposes replacing bridge #157 on Victory Hill Church Road (SR The Natural Heritage Program database indicates a known occurrence of this species approximately 3 stream miles down stream from the project site at the Hwy. 770 crossing of the Mayo River and several more occurrences up and down stream in the Mayo River. This site was pre-screened by permitted biologists and appropriate resource agencies. It was determined that the site had low probability of supporting mussel fauna and was approved for a mussel screening carried out by NCDOT personnel. Office of Natural Environment, Environmental Specialists Jason Mays and Mike Sanderson visited the site on June 17, 2004. Approximately 500 meters of stream were covered in 1.5 hours of search time. No mussels were observed. The stream has clean pebble/gravel/sand substrate. Due to the proximity of James spinymussel in the Mayo River and the high quality of this stream it is very important to implement strict erosion control during the replacement of this bridge in order to avoid degradation of the habitat in this.creek and in the Mayo River. Biological Conclusion for James spinymussel : May Affect-Not Likely to Adverselv Affect MAILING ADDRESS: TELEPHONE: 919-733-3141 LOCATION: NC DEPARTMENT OF TRANSPORTATION FAX: 919-733-9794 TRANSPORTATION BUILDING 1 SOUTH WILMINGTON PROJECT DEYELOPMENTAND ENVIRONMENTAL ANALYSIS RALEIGH NC 1548 MAIL SERVICE CENTER WEBSITE: WWW.DOH.DOT.STATE.NC.US RALEIGH Qualifications of Primary Investigators are found below: Investigator: Michael Sanderson, Environmental Biologist Education: B.S. Fisheries and Wildlife Science, North Carolina State University Experience: Environmental Biologist, NCDOT, April 2004 - present Wildlife Research Biologist, Down to Earth Environmental, February - June, 2003 Wildlife Research Technician, NC Cooperative Fish and Wildlife Research unit, October, 1991-March 1999 Biological Science Technician (Wildlife),`iJS Fish and Wildlife Service, April 1995-April 1997 Expertise: Bird surveys, behavioral analysis, habitat use/evaluation, Section 7 field investigations, protected species (terrestrial/aquatic) surveys Investigator: Jason Mays, Environmental Specialist, NCDOT, March 2004- Education: present B.S. Biological Sciences minor Chemistry, UNC Chapel Hill Experience: 2002 UNC Dept of Biological Sciences Research Technician Dec 2000 May 2002 NCWRC Field Biologist May 2002-October 2003 Expertise: Section 7 field investigations, protected species (terrestrial/aquatic) surveys, Wetland delineation/ determination: GIS studies. ROCKINGHAM C)LWM SR 1348 VICTORY HILT. CWHIROAfl BR# 157 N.C. D.O.T. BRIDGE MAINT. DEPT. EROSION CONTROL SEQUENCE ?.?? -63µ Y.?6 JD PROJECT No. 7b.207911 *MOVE EXISTING BRIDGE AND REPLACE WITH 1 a 137 x 07 x 00 CMPA 1 DAM BATH ENDS of STREAM with ABC AGGREGATE (underlain & wrapped with Fiftw Fabrio) or LESS INTRUSIVE DEVICE to ALLOW DEWATERING of WORK AREA 2 IIiISTALL PUMPS to DIVERT FLOW AROUND WORK AREA PIMP CLEAN WATER AROUND WORK AREA 3 EkCAVATE SITE to REMOVE E; XISTING BRIDGE AND INSTALL NEW PIPE 4 WWATER WORK AREA S PUMP WATER INTO DIRT BAG 5 ED(CAVATE to SUFFICIENT DEPTH to ALLOW BURIAL of the PIPE to 1 foot BELOW 111TINVAND PLACE BASE STONE & SECTIONS OF 137' x 87" x 60' ! INtSTALL SILT FlNCE AS SITE CONDITION REQUIRE 7 0kCXFILL PIPE AND SHOULDER AREA S PLACE FILTER FABRIC AROUND PIPE dSLOPE AREA then RIP RAP I.EPM RIP RAP OUT of STREAM 0 IIEMOVE BOTH DAMS of ABC AGGREGATE or LESS INTRUSIVE DEWATERING . Cf VICE to ALLOW NORMAL STREAM FLOW it 010INED AREA AS NEEDED 14 PLACE SILT SCREEN AT TOP OF PIPE AND DOWN SLOPES APPROXIMATE PftDACT START DATE 711212004 PREPARED BY W. D. WATKINS TRANSPORTATION SUPV. DATE 3/29/2004 APPROVAL DfV. E ENG. DATE 3- 3 D- D y Rockingharnfifit r SR_. 1348 VICTORY HILL 04MH ROAD 8R# 157 RIVER BASIN CAPE FEAR RIVER BASIN SEQUENCEI STREAM NAME PRONG OF MAYO RIVER i DAM BOTH ENDS OF STREAM WITH ABC AGGREGATE (underlain & wrapped w+th Flftr FabrlC) or LESS INTRUSIVE DEVICE to ALLOW DEWATERING of WORK AREA 2. INSTALL PUMPS to DIVERT FLOW AROUND WORK AREA PUMP CLEAN WATER AROUND WORK AREA?ARIOytr 3 EXCAVATE SITE TO REMOVE EXISTING-PIPE & EXCAVATE AREA FOR NEW PIPE 4 DIEWATER WORK AREA & PUMP WATER INTO SILT BAG $ EXCAVATE to SUFFICIENT OEPTH to ALLOW BURIAL of the PIPE to 1 foot BELOW STREAM M PLACE BASE STONE & SEC CTION OF 137 x 87x 160' LONG CMPA 9 INSTALL SILT FENCE AS SITE CONDITION REQUIRE SR 1346 SILT FENCE Aa We 0 _,,,SILT FENCE AS NEEDED $TREAM FLO N PUMP tL $ILT S ABC AGGREGATE (underlain & wrapped with Filter Fabric) Sla FENCE ILT FENCE AS NEEDED AS NEEDED SR 1346 +a?,, ,? : ,' ttbeas joomso ROCKINGHAM O% MtY SEQUENCE 2 SR.. 1348 I SACKFILL PIPE & SHOULDER AREA PLACE FILTER FABRIC AROUND PIPE & SLOPE AREA THEN RIP RAP KNPINQ RIP RAP OUT of STREAK! BR##157 III REMOVE BOTH DAMS of ABC AGGREGATE or LESS INTRUSIVE DEWATERING DEVICE to ALLOW NORMAL STREAM FLOW YiI REWED AREA AS NEEDED SR 1341! SILT FENCE AS NEEDED RIP RAP on STREA1 not in 5T 'SILT FENCE AS NEEDED IPE 1 SIL T FENCE ••?+? AS NEEDED SR 13" STREAM Ft. av FILTER FABRIC `LINGER RIP RAP 4-------SILT FENCE SILT FENCE Joomall ro % ,I ? `D. 't o tM?Sll m, ^ _,\ l?l i q.) ? ' NI _ a °• Cl) 1 ? a ? .-.._ xamY •?- G N N ?'` 6 AI .PI s •t .. •. ?{ •? LO cn WIV . f- f as. ? r e i 1.3 n{ - s\\ J r FI{ M AI C7) -? .\ 1 I qAl ? n m r ? ` \ a. r. 14 y °AA I 1' `AI J ?• ?,,J al 1 ' \ %\ RI " 10 ar? ;f31 A e ? \ \ / ?N I f s I & A{ " a A{° IyI't N \ D g \ / ,?" 8 n, x c ? •,a '?,.J .? •?{ ?? ` AIM ??°? ? ? '} ?? ? ? ?'? ?{ '? _ - ^{• • ? =Ir 19 l? •° a ?{ ?r\; ?? .? ? ?? 1.0 p - ,\ ? r~ ly ?• \ "\ ?m !RD 2 oac 1 ?_ O ?" p ! ) 1 Ly\m W H •S:F?Z 2 t?I..((` ,??, 11 ?` ., ,/.•\ C. ?.?'.?/. i{ ^I L A 1 N n 0 S 3 N of bridge looking north C i 4Y _ ,lam r . 6 Victory Hill Church Downstream view from bridge Victory Hill Road- Upstream view from bridge i? ' 1 F f _YI rf #?j?F ?a"9 *{ 4 z, Victory Hill Church Road-View of bridge from downstream side ? Y ' • r Ash ???? <???,??` Iwv`i^?^^'? .m .. F .' T..?r `.+-• ', H R?,"J[Ll.. IR. 77' 1? ? t V ? Y? h ed 1. r r }?k k <+ " et a ,7'Y!'? `.7'#i A-`.f'U.`. 1 ` F r Victory Hill Church Road- View of bridge from upstream side • ` .t ?]''?.Y .,y j? r ?.y' ` I , ft a 86§'_ ?/ f 11\ \• 'r J? ,, Il ,/? .. ?'`? _ h t ,•-.1 4541 I • ? ' ` 1. I ? J ,4 ,,,?? ?y,? : It: ? )'. ?, J, 'K' \,(i. Sf?(,\\ ?jl u/rte r-^i 1 ? -.•_ I . l ! / ? i / ` Iry' B4??;-a,. ? ??-• ?? fit, ?? i ri ' ti-?'" r . ? . / ?, /,' ?? : (r rT C IV, r 11111 i{?- .J/ r - f Jw1 ` ?_ 51 l 1 ar, 17 7--r-0i': ..•-, . , ('; '• ,,!' /r r. \., \.. " r - fit; h t ti 1 ?G r 1 1 i fCto, tll C urch Rctid?e rS 34 t ^-, Q u' 1 4 } gb v \s i ? 1 lv` -r-?:,?t.p.,s-•.eur ?" _`ti,?.,,+sa?'.- • JJ 1 .. .. ?? i ... 4r? ? , f? ? y 1 Z.j ova. Chapel BO J 0 Name: MAYODAN Location: 036° 28'46.2" N 079° 58'37.4" W Date: 711412004 Caption: Victory Hill Church Rd Scale: 1 inch equals 2000 feet Bridge 157 SR 1348