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HomeMy WebLinkAbout20061613 Ver 1_Complete File_20061128IN REPLY REFER TO Regulatory Division DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS Washington Regulatory Field Office P.O. Box 1000 Washington, North Carolina 27889-1000 November 22, 2006 0 C.o Co l3 .? "', VY Subject: Action ID No. SAW 2006-41502-154 and Nationwide Permit No. 23 (Approved Categorical Exclusions) and 12 (Utility Line Activities) Dr. Gregory J. Thorpe, Ph.D. Environmental Management Director, PDEA N.C. Department of Transportation 1548 Mail Service Center Raleigh, North Carolina 27699-1548 Dear Dr. Thorpe: N©? 2 $ 2U?6 Reference your Categorical Exclusion Document, approved on April 12, 2004, and your subsequent correspondence dated October 12, 2006, for the replacement of Bridge No. 128 on NCSR 1515 over Mosely Creek, Federal Aid Project No. BRZ-1515 (3), State Project No. 8.2200401, T.I.P. No. B-4174, Lenoir County, North Carolina. The project involves an off site detour and will replace the existing structure in the same location with a 85-foot bridge utilizing top-down construction adversely impacting 0.61 acres of riverine wetlands adjacent to Mosely Creek. For the purposes of the Corps of Engineers Regulatory Program, Title 33, Code of Federal Regulations (CFR), Part 330.6, published in the Federal Register on November 22, 1991, lists nationwide permits. Authorization pursuant to Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act, was provided for 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, pursuant to the CEQ Regulation for the Implementing the Procedural Provisions of the National Environmental Policy Act, that the activity, work or discharge is categorically excluded from environmental documentation because it is included within a category of actions which neither individually nor cumulatively have a significant effect on the human environment, and 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. Review of this project indicates that the construction of the new bridge will permanently impact 0.23 acres of riverine wetlands consisting of 0.18 acres of permanent fill and 0.05 acres of mechanized land clearing in wetlands. Additionally, there will temporary impacts to 0.38 acres of wetlands from hand clearing and the installation of a temporary special sediment control fence. The permanent wetland impacts are for the widening of the approach fills which are needed for the replacement bridge. The temporary impacts are to aid in the construction of the project (sediment control fence) and to relocate utility lines. Your work is authorized under Nationwide Permit 23, Categorical Exclusion, and Nationwide Permit 12, Utility Line Activities, provided it is accomplished in strict accordance with the enclosed Nationwide Permit Conditions and the following special conditions: a. Compensatory mitigation for the unavoidable impacts to 0.23 acres of riparian wetlands associated with the proposed project shall be provided by the Ecosystem Enhancement Program (EEP), -as outlined in the letter dated October 16, 2006, from William D. Gilmore, EEP Director. Pursuant to the EEP Memorandum of Agreement (MOA) between the State of North Carolina and the US Army Corps of Engineers signed on July 22, 2003, the EEP will provide 0.46 acres of restoration equivalent riparian wetlands in the Neuse River Basin (Hydrologic Cataloging Unit 03020202) in accordance with Section X of the MOA. For wetlands, a minimum of 1:1 (impact to mitigation) must be in the form of wetland restoration. The NCDOT shall, within 30 days of the issue date of this permit, certify that sufficient funds have been provided to EEP to complete the required mitigation, pursuant to Paragraph V. of the MOA. b. All measures will be taken to avoid any temporary fill from entering into Mosely Creek from bridge demolition. Bridge demolition shall follow NCDOT best management practices for construction and maintenance activities dated August 2003 and incorporate NCDOT policy entitled "Bridge Demolition and Removal in Waters of the United States" dated September 20, 1999. c. No bridge demolition debris or excavated or fill material will be placed at any time, in any wetlands or surrounding waters, outside of the alignment of the fill area indicated on the work plans. d. All excavated materials will be confined above normal high water and landward of regularly or irregularly flooded wetlands behind adequate dikes or retaining structures to prevent spillover of solids into any wetlands or surrounding waters. e. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill, or mechanized land-clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands, or any activities that cause the degradation of waters or wetlands, except as authorized by this permit, or any modification to this permit. This permit does not authorize temporary placement or double handling-of excavated or fill material within waters,or wetlands outside the permitted area. There shall be no excavation from, waste disposal into, or degradation of, jurisdictional waters or wetlands associated with this permit without appropriate modification of this permit, including 2 appropriate compensatory mitigation. This prohibition applies to all borrow and fill activities connected with this project. f. To ensure that all borrow and waste activities occur on high ground and do not result in the degradation of adjacent wetlands and streams, except as authorized by this permit, the permittee shall require its contractors and/or agents to identify all areas to be used to borrow material, or to dispose of dredged, fill, or waste material. The permittee shall provide the USACE with appropriate maps indicating the locations of proposed borrow or waste sites as soon as the permittee has that information. The permittee will coordinate with the USACE before approving any borrow or waste sites that are within 400 feet of any streams or wetlands. The permittee shall. ensure that all. such areas comply with. condition (e) of this, permit, and shall require and maintain documentation of the location and characteristics of all borrow and disposal sites associated with this project. This information will include data regarding soils, vegetation and hydrology sufficient to clearly demonstrate compliance with the preceding condition (e). All information will be available to the USACE upon request. NCDOT shall require its contractors to complete and execute reclamation plans for each waste and borrow site and provide written documentation that the reclamation plans have been implemented and all work is completed. This documentation will be provided to the Corps of Engineers within 30 days of the completion of the reclamation work. g. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions and any Corps approved modifications shall be available at the project site during construction and maintenance of this project. h. Any violation of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District, U.S. Army Corps of Engineers, within 24 hours of the violation. i. Failure to institute and carry out the details of special conditions a - h., above, may result in a directive to cease all ongoing and permitted work within waters and/or wetlands associated with TIP No. B-4174, or such other remedy as the District Engineer or his authorized representatives may seek. This nationwide permit does not relieve you of the responsibility to obtain any required State or local approval. This permit is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are scheduled to be modified, reissued, -or revoked prior to March 18; 2007. It is incumbent upon you to remain informed of changes to the NWPs. We will issue a public notice when the NWPs are reissued. Furthermore, if you commence or are under contract to commence this activity before the date that the relevant nationwide permit is modified or r revoked, you will have twelve (12) months from the date of the modification or revocation of the NWP to complete the activity under the present terms and conditions of this nationwide permit. If, prior to the expiration date of March 18, 2007, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until March 18, 2007, provided it complies with all new and/or modified terms and conditions. The District Engineer may, at any time, exercise his discretionary authority to modify, suspend, or revoke a case specific activity's authorization under any NWP. Thank you for your time and cooperation. If you have any questions, you may contact Mr. William Wescott at the Washington Regulatory Field Office, Post Office Box 1000, Washington, North Carolina, 27889, or telephone 252-975-1616, extension 31. Sincerely, William Biddlecome Project Manager Enclosures Copies Furnished (without enclosures) Mr. David Wainwright Water Quality Section North Carolina Division of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Travis Wilson Eastern Region Highway Project Coordinator Habitat Conservation Program 1142 I-85 Service Road Creedmoor, North Carolina 27522 Mr. Gary Jordan U.S: Fish-and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 .Y Mr. Ron Sechler National Marine Fisheries Service 101 Pivers Island Beaufort, North Carolina 28516 Mr. Chris Militscher U.S. Environmental Protection Agency C/O FHWA, Raleigh Office 310 New Bern Avenue, Room 206 Raleigh, North Carolina 27601 Ms. Kathy Matthews USEPA-Region 4 Wetlands Section 109 T.W. Alexander Drive Durham, North Carolina 27771 Mail Code:E143-04 Mr.. William D. Gilmore, P.E. EEP Director North Carolina Ecosystem Enhancement Program 1652 Mail Service Center Raleigh, North Carolina 27699-1652 Mr. Garcy Ward NCDWQ Washington Regional Office 943 Washington Square Mall Washington, North Carolina 27889 5 0 S?IlI ?.??? K PROGRAM October 16, 2006" Mr. William Wescott U. S. Army Corps of Engineers ?y Washington Regulatory Field Office ?y Post Office Box 1000 Washington, North Carolina 27889-1000 Dear Mr. Wescott: Subject: EEP Mitigation Acceptance Letter: B-4174, Replace Bridge Number 128 over Mosley Creek on SR 1515, Lenoir County; Neuse River Basin (Cataloging Unit 03020202); Southern Inner Coastal Plain (SICP) Eco-Region The purpose of this letter is to notify you that the Ecosystem Enhancement Program (EEP) will provide the compensatory riparian wetland mitigation for the unavoidable impact associated with the above referenced project. As indicated in the NCDOT's mitigation request letter dated October 11, 2006, compensatory riparian wetland mitigation from EEP is required for approximately 0.23 of riparian wetland impacts. Mitigation for this project will be provided in accordance with Section X of the Memorandum of Agreement between the N. C. Department of Environment and Natural Resources, the N. C. Department of Transportation, and the U. S. Army Corps of Engineers signed on July 22, 2003. EEP commits to implement sufficient compensatory riparian wetland mitigation up to 0.46 riparian wetland credits to offset the impacts associated with this project by the end of the MOA year in which this project is permitted. If the impacts change from the above listed amount, then this mitigation strategy letter will no longer be valid and n new mitigation strategy letter will be required from EEP. If you have any questions or need additional information, please contact Ms. Beth Harmon at 919-715-1929. Sincerely, iam D. Gilmore, P.E. EEP Director cc: Mr. Gregory J. Thorpe, Ph.D., NCDOT-PDEA Mr. John Hennessy, Division of Water Quality, Wetlands/401 Unit File: B-4174 l< NCDENR North Carolina Ecosystem Enhancement Program, 16S2 Mail Service Center, Raleigh, NC 27694-1652 / 919-115-0476 / www.nceep.net *^. • 1 w - --CO SAC ... ?w ?' PROGRAM October 16, 2006 Mr. Gregory J. Thorpe, Ph.D. Environmental Management Director Project Development and Environmental Analysis Branch North Carolina Department of Transportation 1548 Mail Service Center Raleigh, North Carolina 27699-1548 Dear Dr. Thorpe: Subject: EEP Mitigation Acceptance Letter: B-4174, Replace Bridge Number 128 over Mosley Creek on SR 1515, Lenoir County The purpose of this letter is to notify you that the Ecosystem Enhancement Program (EEP) will provide the compensatory riparian wetland mitigation for the subject project. Based on the information supplied by you in a letter dated October 11, 2006, the impacts are located in CU 03020202 of the Neuse River Basin in the Southern Inner Coastal Plain (NICP) Eco-Region, and are as follows: Riparian Wetlands: 0.23 acre Mitigation for this project will be provided in accordance with the Memorandum of Agreement between the N. C. Department of Environment and Natural Resources, the N. C. Department of Transportation, and the U. S. Army Corps of Engineers signed on July 22, 2003. EEP will commit to implementing sufficient compensatory riparian wetland mitigation to offset the impacts associated with this project by the end of the MOA year in which this project is permitted. If the above referenced impacts amounts are revised, then this mitigation acceptance letter will no longer be valid and a new mitigation acceptance letter will be required from EEP. If you have any questions or need additional information, please contact Ms. Beth Harmon at 919-715-1929. incerely, ill am D. Gilmore, P.E. Director cc: Mr. William Wescott, USACE-Washington Mr. John Hennessy, Division of Water Quality, Wetlands/401 Unit. File: B-4174 ? ?- ATAI North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net to- 7 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 December 5, 2006 Craven County DWQ Project No. 20061613 TIP B-4174 APPROVAL of 401 WATER QUALITY CERTIFICATION and NEUSE RIVER BUFFER RULES with ADDITIONAL CONDITIONS Dr. Gregory J. Thorpe, PhD., Manager Planning & Environmental Branch N.C. Department of Transportation 1548 Mail Service Center Raleigh, North Carolina, 27699-1548 Dear Dr. Thorpe: You have our approval, in accordance with the attached conditions and those listed below, for the following impacts: Wetland (riverine) Impacts in the Neuse River Basin Site Fill (permanent) (ac) Mechanized Clearing (permanent) ac Hand Clearing (temporary) ac Total Wetland Impact (ac) 13+00 to 15+75 (LT) 0.09 0.07 0.16 14+80 to 15+75 (LT) 0.01 0.05 0.06 16+50 to 18+00 (LT) 0.05 0.01 0.03 0.09 16+50 to 18+40 (LT) 0.03 0.03 0.03 0.09 13+00 to 13+73 0.01 0.01 13+73 to 18+78 0.20 0.20 Total 0.18 0.05 0.38 0.61 Total Wetland Impact for Project: 0.61 acres. Stream and Buffer Impacts in the Neuse River Basin Buffer Zone 1 Buffer Zone 2 Streams Site Number (square ft) (square ft) (acres) TIP B-4174 3751 3159 < 0.0001 (bent) Net Total Impacts 6,910 ft <0.0001 N. C. Division of Water Quality 943 Washington Square Mall Washington, N.C. 27889 Telephone (252) 946-6481 FAX (252) 946-9215 Internet: www.ncwaterquality.org An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper No?rtnhcarolina Nati ra!!ry The project shall be constructed in accordance with your application dated October 12, 2006 for the purpose of replacing Bridge Number 128 over Mosely Creek on SR 1515 in Lenoir County. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Numbers 3374 and 3403. These certifications correspond to Nationwide Permits 12 and 23 respectively, issued by the Corps of Engineers. This approval is also valid for the Neuse River Buffer Rules (15A NCAC 213 .0233). 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 issued by the US Army Corps of Engineers (this supercedes Condition 24 of General Certification 3374 and Condition 10 of General Certification 3403 issued March 1, 2003). 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 DWQ and submit a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or total impacts to streams or buffers (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. 1.) Upon completion of the project, the NCDOT Division Engineer shall complete and return the enclosed "Certification of Completion Form" to notify DWQ when all work included in the 401 Certification has been completed. 2.) The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act) and any other appropriate requirements of State and Federal law. If DWQ determines that such standards or laws are not being met (including the failure to sustain a designated or achieved use) or that State or federal law is being violated, or that father conditions are necessary to assure compliance, DWQ may reevaluate and modify this certification. 3.) Placement of culverts and other structures in waters, streams, and wetlands shall be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence that the equilibrium is being maintained if requested in writing by DWQ. If this condition is unable to be met due to bedrock or other limiting features encountered during construction, please contact the NC DWQ for guidance on how to proceed and to determine whether or not a permit modification will be required. 4.) 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. 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. 5.) If concrete is used during construction, a dry work area should be maintained to prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete should not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. 6.) During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or protected riparian buffers. 7.) The dimension, pattern, and profile of the stream above and below the crossing should not be modified. Disturbed floodplains and streams should be restored to natural geomorphic conditions. 8.) The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for stream stabilization shall be placed in stream channels in.such a manner that it does not impede aquatic life passage. 9.) Heavy equipment may be operated within the stream channels however, its usage shall be minimized. 10.) 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. 11.) No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification. 12.) Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 13.) All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification.. 14.) The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification. 15.) Native riparian vegetation must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 16.) There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with this permit without appropriate modification. Should waste or borrow sites be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction activities. 17.) All stormwater runoff shall be directed as sheetflow through stream buffers at nonerosive velocities, unless otherwise approved by this certification. 18.) All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the preconstruction contours and revegetated. Maintained buffers shall be permanently revegetated with non-woody species by the end of the growing season following completion of construction. For the purpose of this condition, maintained buffer areas are defined as areas within the transportation corridor that will be subject to regular DOT maintenance activities including mowing. The area with non-maintained buffers shall be permanently revegetated, with native woody species before the next growing season following completion of construction. 19.) Strict adherence to the most recent version of NCDOT's Best Management Practices For Bridge Demolition and Removal approved by the US Army Corps of Engineers is a condition of the 401 Water Quality Certification. 20.) Bridge deck drains should not discharge directly into the stream. Stormwater should be directed across the bridge and pre-treated through site-appropriate means (grassed swales, pre-formed scour holes, vegetated buffers, etc.) before entering the stream. Please refer to the most current version of Stormwater Best Management Practices. 21.) The post-construction removal of any temporary bridge structures must return the project site to its preconstruction contours and elevations. The impacted areas shall be revegetated with appropriate native species. 22.) A copy of this Water Quality Certification shall be posted on the constriction site at all times. In addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on- site project manager. 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 that conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please contact Garcy Ward at (252) 948-3922. ?imcerPly, c Alan Klimek Director, Division of Water Quality Attachment cc: Wilmington District Corps of Engineers Mr. William Wescott, US Army Corps of Engineers, Washington Field Office Mr. Jay Johnson, Division 2 Environmental Officer, NCDOT Mr. Garcy Ward, NC DWQ, Washington Regional Office Central Files File copy 1 y ,s STA7[ o `Y STATE OF NORTH CAROLINA OC ??NDSq ?STTFRQ OR,y uAk Y DEPARTMENT OF TRANSPORTATION wgT?Re'cN MICHAEL F. EASLEY GOVERNOR October 12, 2006 U. S. Army Corps of Engineers Regulatory Field Office Post Office Box 1000 Washington, NC 27889-1000 Attention: Mr. William Wescott NCDOT Coordinator Dear Sir: LYNDO TIPPETT SECRETARY 061G,3 Subject: Nationwide 12 & 23 Permit Application and Neuse River Buffer Authorization for the Replacement of Bridge No. 128 on SR 1515 over Mosely Creek in Lenoir County. Federal Project No. BRZ- 1515[3], State Project No. 8.2200401, TIP No. B-4174. Please find enclosed the Pre-Construction Notification form (PCN), permit drawings, utility plans, Categorical Exclusion (CE), Natural Resource Technical Report (NRTR), and half-size plan sheets for the above referenced project. The North Carolina Department of Transportation (NCDOT) proposes to replace existing Bridge No. 128 on SR 1151 over the Mosely Creek (DWQ Index # 27-77-2) in Lenoir County. The project involves replacement of the existing structure with an 85-foot bridge at approximately the same location and a slightly higher roadway elevation, using top-down construction. The approach roadway will consist of two 12-foot travel lanes with shoulder widths of at least 8 feet. Permanent impacts will consist of <0.001 acre to surface waters, 0.23 acre of to wetlands adjacent to Mosely Creek, and 6,910 ft2 of riparian buffer. Traffic will be detoured off-site, along surrounding roads, during construction. The project schedule calls for a March 20, 2007 Let date with a review date of January 30, 2007. Impacts To Waters of the United States General Description: The project is located in the Neuse River Basin (HUC 03020202). A best usage classification of "C Sw NSW" has been assigned to Mosely Creek. Neither High Quality Waters (HQW), Water Supplies (WS-I: undeveloped watersheds or WS-II: predominately undeveloped watersheds), listed Section 303(d) impairments, nor Outstanding Resource Waters (ORW) occur within 1.0 mile (1.6 km) of project study area. Mosely Creek is not designated as a North Carolina Natural or Scenic River, or as a National Wild and Scenic River. MAILING ADDRESS: NC DEPARTMENT OF TRANSPORTATION PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 1548 MAIL SERVICE CENTER RALEIGH NC 27699-1548 TELEPHONE: 919-733-3141 FAX: 919-733-9794 WEBSITE: WWW.NCDOT.ORG LOCATION: TRANSPORTATION BUILDING 1 SOUTH WILMINGTON STREET RALEIGH NC • .f Permanent Impacts: Mosely Creek and adjacent wetlands will be impacted by the proposed project. Construction of the proposed project will result in a permanent impact of 0.23 acre from roadway fill and mechanized clearing in wetlands (see permit drawings). In addition, a total less than 0.001 acre (9.5 W.) of surface water will be impacted from placement of bents in the channel. Temporary Impacts: In addition to permanent impacts, 0.18 acre of temporary impacts to wetlands will occur, as a result of hand clearing (see permit drawings). Also, to facilitate the protection of water resources, a Special Sediment Control Fence will be used during construction (see attached information pertaining to the Special Sediment Control Fence). Utility Impacts: Permanent impacts to <0.01 acre (375.03 ft2) from mechanized clearing will occur in wetlands from the relocation of power lines (see attached Utility Drawings). In addition, 0.20 acre will be hand-cleared. Cable Television, telephone lines, and a water line will be relocated via directional bore. Temporary work mats will be used when applicable. Two existing utility poles located within wetlands on the south side of the project area will be removed. Neuse River Basin Buffer Rules This project is located in the Neuse River Basin; therefore, the regulations pertaining to the buffer rules apply. There will be a total of 6,910 ft2 of impacts to riparian buffers. This includes 1,718 ft2 (691 ft2 in Zone 1 and 1,027 ft2 in Zone 2) due to the bridge crossing. 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. Additionally, 5,192 ft2 (3,060 ft2 in Zone 1 and 2,132 ft2 in Zone 2) of impacts will occur from approach fill and mechanized clearing activities. According to the buffer rules, road crossings are allowable with mitigation. However, mitigation thresholds have not been met for this project, therefore buffer mitigation will not be required. Uses designated as allowable with mitigation may proceed within the riparian buffer provided that there are no practical alternatives to the requested use pursuant to Item (8) of this Rule and an appropriate mitigation strategy has been approved pursuant to Item (10) of this Rule. All practicable measures to minimize impacts within buffer zones were followed. These uses require written authorization from the Division of Water Quality. Bridge Demolition The existing bridge consists of timber piles with concrete caps and a concrete superstructure with an asphalt-wearing surface. The bridge can be removed without dropping components into Waters of the United States during construction. Best Management Practices for Bridge Demolition and Removal will be followed to avoid any temporary fill from entering Waters of the United States. According to the attached email from the North Carolina Wildlife Resources Commission (NCWRC), dated July 19, 2006, no in-stream moratoria are proposed for this project. The North Carolina Division of Marine Fisheries (NCDMF) did recommend a moratorium for anadromous fish, and NCDOT included it as a commitment in the CE, however, pursuant to G.S. § 113-132; § 113-134; § 143B-289.52 Mosely Creek is not designated as a coastal water and therefore jurisdiction lies with NCWRC. Consequently, NCDOT will not adhere to the in-stream work moratorium or Stream Crossing Guidelines for Anadromous Fish Crossings. NCDOT TIP B-4174 Page 2 of 4 Af Avoidance and Minimization Avoidance examines all appropriate and practicable possibilities of averting impacts to "Waters of the United States". Due to the presence of surface waters and wetlands within the project study area, avoidance of all impacts is not possible. The NCDOT is committed to incorporating all reasonable and practicable design features to avoid and minimize jurisdictional impacts. Minimization measures were incorporated as part of the project design these included: • Use of an off-site detour during construction. • Construction of a 25-foot longer bridge • Best Management Practices for the Protection of Surface Water will be utilized during demolition of the existing bridge and construction of the new bridge. • Use of 3:1 fill slopes in jurisdictional areas. • Implementation of High Quality Waters Sedimentation and Erosion Control Measures. Mitigation The North Carolina Department of Environment and Natural Resources Ecosystem Enhancement Program (EEP) will assume responsibility for satisfying the federal Clean Water Act compensatory mitigation requirements for the unavoidable impacts to 0.23 acre of wetlands. A copy of the EEP Acceptance Letter will be forwarded upon receipt. Federal Protected Species As of April 27, 2006 the US Fish and Wildlife Service (USFWS) lists three federally protected species for Lenoir County (see Table 1). The USFWS concurred with these Biological Conclusions in a letter dated, November 8, 2005. Table 1. Federally protected species of Lenoir Countv. Scientific Name Common Name Federal Status Biological Conclusion Picoides borealis Red-cockaded woodpecker E No Effect Haliaeetus leucoce halus Bald Eagle T(PFD) Not Likely to Adversely Affect Aeschynomene vir inica Sensitive joint-vetch T No Effect Endangered (E) - is defined as a taxon that is threatened with extinction throughout all or a significant portion of its range. Threatened (T) - A taxon "likely to become endangered within the foreseeable future throughout all or a significant portion of it's range." T(PFD) - A taxon "Proposed for Delisting". Regulatory Approvals Section 404 Permit: NCDOT requests that the relocation of power lines is authorized by a Nationwide Permit 12. 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 Certification numbers 3403 and 3374 will apply to this project. All general conditions of the Water Quality Certifications will be met. Therefore, in accordance with 15A NCAC 2H, Section .0500(a) and 15A NCAC 2B.0200 we are providing two copies of this application to the North Carolina Department of Environmental and Natural Resources, Division of Water Quality, for their review. NCDOT TIP B-4174 Page 3 of 4 Neuse River Basin Buffer Authorization: NCDOT requests that the NC Division of Water Quality review this application and issue a written approval for a Neuse River Riparian Buffer Authorization. A copy of this permit will be posted on the NCDOT web site http://www.doh.dot.state.nc.us/preconstruct/pe/neu/permit.htmi Thank you for your time and assistance with this project. Please contact Tyler Stanton at tstanton@dot.state.nc.us or (919) 715-1439 if you have any questions or need any additional information. Sincerely, Gregory J. Thorpe, Ph.D. Environmental Management Director, PDEA Cc: W/attachment: Mr. John Hennessy, NCDWQ (5 Copies) Mr. Travis Wilson, NCWRC Mr. Gary Jordan, USFWS Mr. Ron Sechler; NMFS Mr. Michael Street, NCDMF Dr. David Chang, P.E., Hydraulics Mr. Greg Perfetti, P.E., Structure Design Mr. Mark Staley, Roadside Environmental Mr. C. E. Lassiter, P.E., Division 2 Engineer Mr. Jay Johnson, Division 2 Environmental Officer W/o attachment Mr. Scott McLendon, USACE, Wilmington Mr. Jay Bennett, P.E., Roadway Design Mr. Majed Alghandour, P. E., Programming and TIP Mr. Art McMillan, P.E., Highway Design Ms. Beth Harmon, EEP Mr. Todd Jones, NCDOT External Audit Branch Mr. John Williams, P.E., PDEA NCDOT TIP B-4 / 74 Page 4 of 4 Office Use Only: Form Version March 05 20061 61 3 USACE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) 1. 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 ? Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: NW 12 & 23 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 Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, 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 Owner/Applicant Information Name: Gregory J. Thorpe, Ph.D., Environmental Management Director Mailing Address: 1598 Mail Service Center Raleigh, NC Telephone Number: (919) 733-3141 Fax Number: (919) 733-9794 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: Company Affiliation: Mailing Address: Telephone Number: E-mail Address: Fax Number: Page I .of 9 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 pro 2. T.I.P. Project Number or State Project Number (NCDOT Only): B-4174 3. Property Identification Number (Tax PIN): N/A 4. Location County: Lenoir Nearest Town: La Grange Subdivision name (include phase/lot number): N/A Directions to site (include road numbers/names, landmarks, etc.): 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): -77.7707 ON 35.3107 °W 6. Property size (acres): N/A 7. Name of nearest receiving body of water: Mosely Creek 8. River Basin: Neuse (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) 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 with forested areas and scattered residential and farms. Page 2 of 9 C 10. Describe the overall project in detail, including the type of equipment to be used: Replacement of the existing bridge structure with a 85-foot bridge at approximately the same location and roadway elevation of the existing structure using top-down construction. 11. Explain the purpose of the proposed work: The bridge is considered to be structurally deficient and functionally obsolete and the replacement will result in safer 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. 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. Each impact must be listed separately in the tables below (e.g., culvert installation should be. listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should 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 3 of 9 e 1. Provide a written description of the proposed impacts: approach fill, hand clearing, mechanized clearing_ 2. Individually list wetland impacts. Types of 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. Wetland Impact Site Number (indicate on map) Type of Impact Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) Located within 100-year Floodplain (yes/no) Distance to Nearest Stream (linear feet) Area of Impact (acres) 13+00 to 15+75(LT) Permanent Fill Marsh/Riverine Yes See plans 0.09 13+00 to 15+75(LT) Hand Clearing Marsh/Riverine Yes See plans 0.17 14+80 to 15+75 (LT) Permanent Fill Marsh/Riverine Yes See plans 0.01 14+80 to 15+75 (LT) Hand Clearing Marsh/Riverine Yes See plans 0.05 16+50 to 18+00 (LT) Permanent Fill Marsh/Riverine Yes See plans 0.05 16+50 to 18+00 (LT) Hand Clearing Marsh/Riverine Yes See plans 0.03 16+50 to 18+00 (LT) Mechanized Clearing Forested/Riverine Yes See plans 0.01 16+50 to 18+40 (LT) Permanent Fill Marsh/Riverme Yes See plans 0.03 16+50 to 18+40 (LT) Hand Clearing Marsh/Riverine Yes See plans 0.03 16+50 to 18+40 (LT) Mechanized Clearing Forested/Riverine Yes See plans 0.03 13+00 to 13+73 Utility Mechanized Clearing Marsh/Riverine Yes See plans 0.01 13+73 to 18+78 Utility Hand Clearing Forested/Riverine Yes See plans 0.20 Total Wetland Impact (acres) 0.71 3. List the total acreage (estimated) of all existing wetlands on the property: N/A 4. Individually list all intermittent and perennial stream impacts. Be. sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib . walls, 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. To calculate acreage, multiply length X width, then divide by 43,560. Stream Impact Number (indicate on ma) Stream Name Type of Impact Perennial or Intermittent? Average Stream Width Before Impact Impact Length (linear feet) Area of Impact (acres) N/A Total Stream Impact (by length and acreage) 0 0 Page 4 of 9 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill, excavation, dredging, flooding, drainage, bulkheads, etc. Open Water Impact Site Number (indicate on map) Name of Waterbody (if applicable) Type of Impact Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) Area of Impact (acres) 16+05-L- Mosely Creek Bent Creek <0.001 Total Open Water Impact (acres) <0.001 6. List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Impact (acres): 0.0 Wetland Impact (acres): 0.71 Open Water Impact (acres): 0.001 Total Impact to Waters of the U.S. (acres) 0.71 Total Stream Impact (linear feet): 0 7. Isolated Waters Do any isolated waters exist on the property? ? Yes ® No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. 8. 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.): Current land use in the vicinity of the pond: 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 Page 5 of 9 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. Use of an off-site detour during construction, construction of a 25-foot longer bridge, Best Management Practices will also be utilized during demolition of the existing bridge and construction of the new bridge. 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 January 15, 2002, 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 NCEEP 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/stnugide.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. The NCEEP will provide compensatory mitigation for impacts from this project 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP Page 6 of 9 website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): 0 Amount of buffer mitigation requested (square feet): 0 Amount of Riparian wetland mitigation requested (acres): 0.23 Amount of Non-riparian wetland mitigation requested (acres): 0 Amount of Coastal wetland mitigation requested (acres): 0 IX. X. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ® No ? 2. 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 ? 3. 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 ? 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. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify Neuse )? Yes E No [--I 2. If "yes", 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 3,751 3 (2 for Catawba) 0 2 3,159 1.5 0 Total 6,910 0 * Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. Page 7 of 9 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B.0242 or.0244, or.0260. N/A XI. Stormwater (required by DWQ) Describe impervious acreage (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. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. See Stormwater Management Plan XII. 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. XIII. 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 XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ? No If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: N/A Page 8 of 9 XV. 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). 10-10,0 ApplicantJAgent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 9 of 9 0 r NORTH CAROLINA IN Wllmar Co C.s, obbersville ?N 9 v WETLAND PERMIT VICINITY MAIDS NTS NCD®T DIVISION OF HIGHWAYS LENOIR COUNTY PROJECT: 33521.1.1 (B-4174) REPLACE BRIDGE NO.128 OVER MOSELEY CREEK ALONG SR 1515 (ALDRIDGE STORE RD.) SHEET / OF $ 5 / 1 // 06 r s WETLAND PERMIT TOPOGRAPHIC MAID SCALE: I" = 2000' NCD®T DIVISION OF HIGHWAYS LENOIR COUNTY PROJECT: 33521.1.1 (B-4174) REPLACE BRIDGE NO.128 OVER MOSELEY CREEK ALONG SR 1515 (ALDRIDGE STORE RD.) SHEET o2 OF 8 5/1/06 ?o 0 o -? O O O N 0 ? co h C4 ?,'? 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's 's o j // \vV\ A D ? D 3 D ?{ t r ? r r A !?1 - = $ w n r m r W -' D W r F co m \ m a r m 3 m ? r m 3 m Z f7 o N D V) D C) 'O D U) o O N zz m N m zz m N - mN -^i O D m Z Z O Z O m 8 mm v i / P / / may. / L REMONS - - y,ny. M N w v ? P ? $?a 8? i o W i l ;Z , Z Z _ o 8 ,,??, ? C?7 e dN. S?AiF y STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY GOVERNOR September 20, 2006 Mr. William D. Gilmore, P.E., Director Ecosystem Enhancement Program 1652 Mail Service Center Raleigh, NC 27699-1652 Dear Sir: LYNDo TIPPETT SECRETARY Subject: Proposed replacement of Bridge No. 128 on SR 1515 over Mosely Creek in Lenoir County. Federal Project No. BRZ- 1515[3], State Project No. 8. 2200401, TIP No. B-4174. WBS 33521.1.1 The purpose of this letter is to request that the North Carolina Ecosystem Enhancement Program (EEP) grant confirmation that you are willing to provide compensatory mitigation for the project in accordance with the Memorandum of Agreement (MOA) signed July 22, 2003 by the USACE, the NCDENR and the NCDOT. NCDOT proposes to replace existing Bridge No. 128 over Mosely Creek [DWQ Index # 27-84, Class "C SW, NSW"], a warm water stream, on SR 1515 in Lenoir County. The project involves replacing the bridge at the existing location using an off-site detour. RESOURCES UNDER THE JURISDICTION OF SECTION 404 AND 401 OF THE CLEAN WATER ACT. We have avoided and minimized the impacts to jurisdictional resources to the greatest extent. The remaining impacts to jurisdictional resources will be compensated for by mitigation provided by the EEP program. We estimate that permanent riverine wetland impacts associated with the replacement bridge approach work will be 0.26-acre from road fill, and clearing and grubbing activities. The project is located in the Coastal Physiographic Province (Southern Inner Coastal Plain EEP Ecoregion) in Lenoir County, in the Neuse River Basin, Hydrological Cataloguing Unit 03020202. We propose to provide compensatory mitigation for the wetland impacts by using the EEP for the 0.26-acre of impacts. Please send the letter of confirmation to Mr. William Wescott (USACE Coordinator) at U. S. Army Corps of Engineers Washington Regulatory Field Office, P.O. Box 1000, Washington, NC 27889-1000. Mr. Wescott's FAX number is (252) 975-1399. The current let date for the project is March 20, 2007. In order to satisfy regulatory assurances that mitigation will be performed; the NCDWQ requires a formal letter from EEP indicating their willingness and ability to provide the mitigation work requested by NCDOT. The NCDOT requests such a letter of confirmation be addressed to Mr. John Hennessy of NCDWQ, with copies submitted to NCDOT. Please respond to NCDOT in writing within 10 business days with an EEP acceptance letter for this NCDOT project. If you have any questions or need additional information, please contact Mr. Tyler Stanton at tstanton@dot.state.nc.us or (919) 715-1439. Sincerely, ) e?5 - Gregory J. Thorpe, Ph.D., Environmental Management Director Project Development & Environmental Analysis Branch Cc: ?. Mr. John Hennessy, NCDWQ Mr. Brian Wrenn, NCDWQ Mr. William Wescott, USACE Ms. Linda Fitzpatrick, NCDOT Natural Environment Unit Mr. Majed Alghandour, P. E, NCDOT Project Management/Scheduling Unit Mr. Todd Jones, NCDOT External Audit Branch r? S Lq?'a.x STAip STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY GOVERNOR September 20, 2006 Mr. William D. Gilmore, P.E., Director Ecosystem Enhancement Program 1652 Mail Service Center Raleigh, NC 27699-1652 Dear Sir: LYNDo TIPPETT SECRETARY Subject: Proposed replacement of Bridge No. 128 on SR 1515 over Mosely Creek in Lenoir County. Federal Project No. BRZ- 1515[3], State Project No. 8. 2200401, TIP No. B-4174. WBS 33521.1.1 The purpose of this letter is to request that the North Carolina Ecosystem Enhancement Program (EEP) grant confirmation that you are willing to provide compensatory mitigation for the project in accordance with the Memorandum of Agreement (MOA) signed July 22, 2003 by the USACE, the NCDENR and the NCDOT. NCDOT proposes to replace existing Bridge No. 128 over Mosely Creek [DWQ Index # 27-84, Class "C SW, NSW"], a warm water stream, on SR 1515 in Lenoir County. The project involves replacing the bridge at the existing location using an off-site detour. RESOURCES UNDER THE JURISDICTION OF SECTION 404 AND 401 OF THE CLEAN WATER ACT. We have avoided and minimized the impacts to jurisdictional resources to the greatest extent. The remaining impacts to jurisdictional resources will be compensated for by mitigation provided by the EEP program. We estimate that permanent riverine wetland impacts associated with the replacement bridge approach work will be 0.26-acre from road fill, and clearing and grubbing activities. The project is located in the Coastal Physiographic Province (Southern Inner Coastal Plain EEP Ecoregion) in Lenoir County, in the Neuse River Basin, Hydrological Cataloguing Unit 03020202. We propose to provide compensatory mitigation for the wetland impacts by using the EEP for the 0.26-acre of impacts. .or Please send the letter of confirmation to Mr. William Wescott (USACE Coordinator) at U. S. Army Corps of Engineers Washington Regulatory Field Office, P.O. Box 1000, Washington, NC 27889-1000. Mr. Wescott's FAX number is (252) 975-1399. The current let date for the project is March 20, 2007. In order to satisfy regulatory assurances that mitigation will be performed; the NCDWQ requires a formal letter from EEP indicating their willingness and ability to provide the mitigation work requested by NCDOT. The NCDOT requests such a letter of confirmation be addressed to Mr. John Hennessy of NCDWQ, with copies submitted to NCDOT. Please respond to NCDOT in writing within 10 business days with an EEP acceptance letter for this NCDOT project. If you have any questions or need additional information, please contact Mr. Tyler Stanton at tstanton@dot.state.nc.us or (919) 715-1439. Sincerely, Gregory J. Thorpe, Ph.D., Environmental Management Director Project Development & Environmental Analysis Branch Cc: Mr. John Hennessy, NCDWQ \Vlr. Brian Wrenn, NCDWQ Mr. William Wescott, USACE Ms. Linda Fitzpatrick, NCDOT Natural Environment Unit Mr. Majed Alghandour, P. E, NCDOT Project Management/Scheduling Unit Mr. Todd Jones, NCDOT External Audit Branch ?n ?v s.,a SfATQo- STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION `y MICHAEL F. EASLEY GOVERNOR Mr. William D. Gilmore, P.E., Director Ecosystem Enhancement Program 1652 Mail Service Center Raleigh, NC 27699-1652 Dear Sir: October 11, 2006 LYNDo TIPPETT SECRETARY Subject: Revision to Prior Request of Mitigation for the proposed replacement of Bridge No. 128 on SR 1515 over Mosely Creek in Lenoir County. Federal Project No. BRZ- 1515[3], State Project No. 8. 2200401, TIP No. B-4174. WBS 33521.1.1 Please reference our previous request for compensatory mitigation dated September 20, 2006. Due to plan modification, the NCDOT has reduced permanent impacts from the 0.26 acre of riverine wetlands impacts previously requested, to 0.23 acre. Please provide NCDOT confirmation that the EEP is willing to provide compensatory mitigation for the 0.23 acre of impacts to riverine wetlands adjacent to Mosely Creek [Neuse River basin, HUC 03020202, a warm water stream] in accordance with the Memorandum of Agreement (MOA) signed July 22, 2003 by the USAGE, NCDENR, and NCDOT. Please send the letter of confirmation to Mr. William Wescott (USACE Coordinator) at U. S. Army Corps of Engineers Washington Regulatory Field Office, P.O. Box 1000, Washington, NC 27889-1000. Mr. Wescott's FAX number is (252) 975-1399. The current let date for the project is April 17, 2007. In order to satisfy regulatory assurances that mitigation will be performed; the NCDWQ requires a formal letter from EEP indicating their willingness and ability to provide the mitigation work requested by NCDOT. The NCDOT requests such a letter of confirmation be addressed to Mr. John Hennessy of NCDWQ, with copies submitted to NCDOT. MAILING ADDRESS: TELEPHONE: 919-733-3141 LOCATION: NC DEPARTMENT OF TRANSPORTATION FAX: 919-733-9794 TRANSPORTATION BUILDING PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 1 SOUTH WILMINGTON STREET 1548 MAIL SERVICE CENTER WEBSITE: WWW.NCDOT.ORG RALEIGH NC RALEIGH NC 27699-1548 Please respond to NCDOT in writing within 10 business days with an EEP acceptance letter for this NCDOT project. If you have any questions or need additional information, please contact Mr. Tyler Stanton at tstanton@dot.state.nc.us or (919) 715-1439. Sincerely, /W-- Cc: Gregory J. Thorpe, Ph.D., Environmental Management Director Project Development & Environmental Analysis Branch Mr. John Hennessy, NCDWQ Mr. Brian Wrenn, NCDWQ Mr. William Wescott, USACE Ms. Linda Fitzpatrick, NCDOT Natural Environment Unit Mr. Majed Alghandour, P. E, NCDOT Project Management/Scheduling Unit Mr. Todd Jones, NCDOT External Audit Branch i STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY DIVISION OF HIGHWAYS GOVERNOR June 5, 2007 VMS Element: 33521.3.1 (B-4174) Contract No. C201600 F. A Number: BRZ-1515 (3) County: Lenoir Description: Bridge over Moseley Creek and Approaches on SR 1515 MEMORANDUM TO: Ellis C. Powell, Jr., PE State Construction Engineer FROM: Wendi O. Johnson, PE Division Construction Engineer SUBJECT: Approved Preconstruction Conference Minutes V CO LYNDO TIPPETT SECRETARY We are transmitting an approved copy of the minutes covering the Preconstruction Conference for the above project, which was held on April 23, 2007. The minutes were approved by the Contractor, Carolina Bridge Company, as recorded. Attachment c: Ron Lucas (FHWA) Gary Jordan (US Fish & Wildlife) Rob Ridings (NCDENR, Division of Water Quality) Brian Wrenn (NCDENR, Division of Water Quality) John Holley (NCDENR, Land Quality Section) Travis Wilson (NCWRC) David Cox (NCWRC) Ron Sechler (National Marine Fisheries) William Wescott (US Army Corps of Engineers) Tony Grantham (Tri-County) Richard McCarter (Embarq) Nathan Barnhill (Sudden Link Communications) ??se y?T'AAI8414 . 200j Sra Mwq 1 Post Office Box 3165, Wilson, North Carolina 27895-3165 Telephone (252) 237-6164 Fax (252) 234-6174 Ellis C. Powell, Jr., PE June 5, 2007 Page 2 1 ec: Cecil Jones, PE Donald Pearson, EI, CPESC Robert Simpson Andy Brown, PE Bobby Lewis, PE Mike Robinson, PE Andy Pridgen Ron Hancock, PE Albert Joyner Eli Saleeby Mike McKeel, PE Ed Eatmon, PE Keith Honeycutt, PE, PLS Charles W. Brown, PE, PLS Kevin Lacy, PE Victor Barbour, PE Don G. Lee Jimmy Marler Jamie Guerrero Warren Walker, PE Haywood Daughtry, PE Doug Allison Gary McLamb K. J. Kim, Ph.D., PE David R. Henderson, PE Queen Crittendon Greg Dixon Preston Hunter, PE Leonard White Kenny Baines I PRECONSTRUCTION CONFERENCE AND PERMIT MEETING WBS Element: 33521.3.1 (B-4174) Federal Aid No.: BRZ-1515 (3) Contract No.: C201600 County: Lenoir Description: Bridge over Moseley Creek and Approaches on SR 1515 The Preconstruction Conference for the above project was held in the Wilson Division Office Conference Room on April 23, 2007 with the following persons in attendance: N_ REPRESENTING Andy Pridgen NCDOT - QA Lab, Division 4 Eli Saleeby NCDOT - Right of Way, Division 2 Alton Glover NCDOT - Right of Way, Division 2 Keith Honeycutt NCDOT - Location & Surveys Richard Nickel Carolina Bridge Company Benny Woodard NCDOT - Division 4 Jimmy Best NCDOT - Division 4 Mike McKeel NCDOT - Division 4/Resident Engineer Gary McLamb NCDOT - Utilities Coordination Unit Wendi Johnson, Division Construction Engineer, presided over the conference. She asked everyone present to introduce themselves and their company affiliation. It was noted that the meeting was being held from the proposal and not the contract. Wayne Wright and Mark Weeks will act as Project Superintendents for the Contractor. Jimmy Best will act as Project Inspector and Traffic Control Coordinator for the Division of Highways. The Contractor advised they plan to begin work May 7, 2007. He should give the Resident Engineer 30 days notice if this date should change. The Contractor did not submit his progress schedule at the time of the meeting. He was advised that he would not be allowed to begin work until the progress schedule was approved by the Department and bond documents were received in Raleigh. He was told by Ms. Johnson that he must also submit a letter naming persons authorized to sign Supplemental Agreements, letter naming the Company EEO Officer and Minority Liaison Officer, and letter naming Erosion and Sediment Control/Storm Water Certified Supervisor, Certified Foreman and Certified Installer. These forms have since been received by the Department. By copy of these minutes, we are advising the Contractor that his progress schedule has been checked and is approved as submitted. LOCATION AND SURVEYS Keith Honeycutt advised that the survey work was done by the New Bern Office. All of the right of way has been set and verified. Should the Contractor have any questions, he should contact Terry Wheeler in the New Bern Office. Preconstruction Conference Minutes B-4174 Page 2 RIGHT OF WAY Mike McKeel covered this portion of the contract. All of the right of way has been acquired. There are no known underground storage tanks, nor any known soil contamination within the right of way of the project. There are no 200 Series Items on this 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. UTILITY CONFLICTS Embarq (Telephone) - All utilities have been cleared. Tri-County (Power Distribution) - There is a power fine to be relocated. Work will take approximately one week once PUE is cleared. The Contractor is required to give Tri-County a notice of 30 days. Sudden Link Communications (Cable) - All utilities have been cleared. ASPHALT PAVEMENTS Mr. Andy Pridgen, Division QA Supervisor, asked the Contractor if he had any questions of the Special Provisions outlined on pages 26 thru 29. Mr. Pridgen advised that the Special Provisions in this contract are dated 07/18/06 (Rev. 9/19/06). The Contractor advised that Barnhill Contracting would perform paving on this project. A certified QMS Roadway Contractor's Representative will be required to be on the project during paving. Density testing may be required for wedging (depending on the depth). Contractor advised that cores would probably be used for density testing. Mr. Pridgen called attention to the following revisions to the 2006 Standard Specifications: On page 6-28, 610-3 (A) Mix Design - General, in the third sentence of the fourth paragraph, substitute 20% for 15%. In the first, second and third sentences of the fifth paragraph, substitute 20% for 15%. Precoristruction Conference Minutes B-4174 Page 3 On page 6-75, 660-9 (B), add the following as sub-item (5): (5) Sand Seal Place the fully required amount of asphalt material in one application and immediately cover with the seal coat aggregate. Uniformly spread the fully required amount of aggregate in one application and correct all non-uniform areas prior to rolling. Immediately after the aggregate has been uniformly spread, perform rolling. When directed, broom excess aggregate material from the surface of the seal coat. When the sand seal is to be constructed for temporary sealing purposes only and will not be used by traffic, other grades of asphalt material meeting the requirements of Articles 1020-6 and 1020-7 may be used in lieu of the grade of asphalt required by Table 660-1 when approved. PROJECT SPECIAL PROVISIONS GENERAL Contract Time and Liquidated Damages - The date of availability for this contract is the date the Contractor begins work but not before April 30, 2007 or later than June 1, 2007. The completion date for this contract is December 31, 2007. The liquidated damages for this contract are $200.00 per calendar day. Intermediate Contract Time Number I and Liquidated Damages - Except for work required under the Project Special Provisions entitled Planting and/or Reforestation, the Contractor will be required to complete all work included in this contract and place and maintain traffic on same by the date which is 130 consecutive calendar days after and including the date of availability. The date of availability for this Intermediate Contract Time is the date the Contractor begins work but not before April 30, 2007 or later than June 1, 2007. The liquidated damages for this Intermediate Contract Time are $400.00 per calendar day. Fuel Price Adjustment - Bidders will have the option to opt out of receiving a fuel price adjustment on this contract. If no designation is shown in the bid, the bidder will be subject to the fuel price adjustment. The base index price for Number Two Diesel Fuel is $1.7473 per gallon. DISADVANTAGED BUSINESS ENTERPRISE It is the policy of the North Carolina Department of Transportation that Disadvantaged Business Enterprises (DBEs) as defined in 49 CFR Part 26 shall have the opportunity to participate in the performance of contracts financed in whole or in part by federal funds in order to create a level playing field on which DBEs can compete fairly. Precoristruction Conference Minutes B-4174 Page 4 The Contractor shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of federally assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the Department deems necessary. The Contractor is also encouraged to give every opportunity to allow DBE participation in Supplemental Agreements. The Contractor's EEO Officer and Minority Liaison Officer is Richard Nickel. The Contractor shall exercise all necessary and reasonable steps to insure that Disadvantaged Business Enterprises participate in at least 5% of the contract. The contract was awarded with 5.07% participation with a Good Faith Effort. The Resident Engineer furnished the Contractor with required posters for his bulletin board. The Contractor's EEO Policy Statement is to be posted on the project's bulletin board, which should be weatherproof, along with the following posters: 1. Davis-Bacon Minimum Prevailing Wage Rate Schedule 2. Wage-Rate Information - F/A Project, Form PR-1495 3. Notice Relating to False Statements, Form PR-1022 4. EEO Poster - Discrimination is Prohibited The Contractor is urged to document, in writing, all actions taken in complying with Equal Opportunity of Employment Provisions, Training Provision, and Minority Business Enterprise Provision. This includes applicant referrals, meetings with employees, on-site inspections, wage evaluations, etc. All subcontractors and suppliers are responsible for meeting the same requirements as the prime contractor, and it is the prime contractor's responsibility to oversee that both are in compliance. 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. Replacement of DBE - The Contractor shall not terminate a committed DBE subcontractor for convenience or perform the work with its own forces or those of an affiliate. If the Contractor fails to demonstrate reasonable efforts to replace a committed DBE firm that does not perform as intended, or completes the work with its own forces without the Engineer's approval, the Contractor may be disqualified from further bidding for a period of up to six months. Reporting Disadvantaged Business Enterprise Participation - When payments are made to Disadvantaged Business Enterprise firms, including material suppliers, Contractors at all levels shall provide the Engineer with an accounting of said payments. This accounting shall be furnished to the Engineer for any given month by the end of the following month. Preconstruction Conference Minutes B-4174 Page 5 The Contractor shall report the accounting of payments through the Department's DBE Payment Tracking System, which is a web based application. The System can be accessed through the following web link: https://apps.dot.state.nc.us/Vcndor/PavmentTrackin , The Contractor shall also provide the Engineer an affidavit attesting the accuracy of the information submitted in the Payment Tracking System. This, too, shall be submitted for any given month by the end of the following month. Submission of Records -Federal Aid Projects - This project is not located on the National Highway System; therefore, federal form FHWA-47 is not required. Also, payrolls are not required on this project. Erosion & Sediment Control/Storm Water Certification - Contractor shall provide a Certified Supervisor, Certified Foreman and Certified Installer on this project. Names are required to be furnished prior to beginning of work. The Certified Supervisor shall be responsible for ensuring that erosion and sediment/storm water control is adequately implemented and maintained on the project. Contractor will notify the Engineer of changes in certified personnel over the life of the contract within two days of change. Procedure for Monitoring Borrow Pit Discharge - Water discharge from borrow pit sites shall not cause surface waters to exceed 50 NTUs in streams not designated as trout waters and 10 NTUs in streams, lakes or reservoirs designated as trout waters. For lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTUs. If the turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. During the Environmental Assessment required by Article 230-4 of the Standard Specifications, the Contractor shall define the point at which the discharge enters the State's surface waters and the appropriate sampling locations. The discharge shall be closely monitored when water from the dewatering activities is introduced into jurisdictional wetlands. No activities shall occur in wetlands that adversely affect the functioning of a wetland. Visible sedimentation will be considered an indication of possible adverse impacts on wetland use. Contractor plans to use Best Sand and Gravel in Wayne County NOTES TO CONTRACTOR: 1. Undercut using dragline or other approved methods to prevent disturbance of the underlying soils. Do not operate heavy equipment directly on the base of the box cut. 2. Do not allow heavy equipment on areas where fabric for soil stabilization is recommended, in order to minimize rutting of natural ground. Cut trees flush with the ground surface, and place fabric on relatively undisturbed, natural ground, without grubbing. Safety Vests - All Contractor's 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. Contractor advised that they use Class H safety vests. Precoftstruction Conference Minutes B-4174 Page 6 PROJECT SPECIAL PROVISIONS ROADWAY Clearing and Grubbing - Perform clearing on this project to the limits established by Method II shown on Standard No. 200.02 of the Roadway Standard Drawings. Shoulder and Fill Slope Material (Lump Sum Grading) - Required shoulder and slope construction for this project shall be performed in accordance with the requirements of Section 226 of the Standard Specifications except as follows: Construct the top 6" 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" 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. EROSION CONTROL Crimping Straw Mulch - Crimping shall be required on this project adjacent to any section of roadway where traffic is to be maintained or allowed during construction. In areas within six feet of the edge of pavement, straw is to be applied and then crimped. After the crimping operation is complete, an additional application of straw shall be applied and immediately tacked with a sufficient amount of undiluted, emulsified asphalt. Mowing - The minimum mowing height on this project shall be four inches. Reforestation - Reforestation will be planted along the outside borders of the road, and in other areas as directed. Reforestation is not shown on the plan sheets (see the Reforestation Detail Sheet). All non-maintained riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the preconstruction contours and revegetated with native woody species. Response for Erosion Control - The Contractor shall provide an approved subcontractor who performs an erosion control action as described in Form 1675. Environmentally Sensitive Areas - This project is located in an Environmentally Sensitive Area. This designation requires special procedures to be used for clearing and grubbing, temporary stream crossings and grading operations within the Environmentally Sensitive Areas identified on the plans and as designated by the Engineer. This also requires special procedures to be used for seeding and mulching and stage seeding within the project. The Environmentally Sensitive Area shall be defined as a 50-foot buffer zone on both sides of the stream or depression, measured from top of stream bank or center of depression. Preconstruction Conference Minutes B-4174 Page 7 Clearing and Grubbing - In areas identified as Environmentally Sensitive Areas, the Contractor may perform clearing operations but not grubbing operations until immediately prior to beginning grading operations as described in Article 200-1 of the Standard Specifications. Only clearing operations (not grubbing) shall be allowed in this buffer zone until immediately prior to beginning grading operations. Erosion control devices shall be installed immediately following the clearing operation. Only clear where absolutely necessary. Grading - Once grading operations begin in identified Environmentally Sensitive Areas, work shall progress in a continuous manner until complete. All construction within these areas shall progress in a continuous manner such that each phase is complete and areas are permanently stabilized prior to beginning of next phase. Failure on the part of the Contractor to complete any phase of construction in a continuous manner in Environmentally Sensitive Areas will be just cause for the Engineer to direct the suspension of work in accordance with Article 108-7 of the Standard Specifications. Temporary Stream Crossings - Any crossing of streams within the limits of this project shall be accomplished in accordance with the requirements of Subartide 107-13 (B) of the Standard Specifications. Minimize Removal of Vegetation - The Contractor shall minimize removal of vegetation at stream banks and disturbed areas within the project limits as directed. Waste and Borrow Sources - Payment for temporary erosion control measures, except those made necessary by the Contractor's own negligence or for his own convenience, will be paid for at the appropriate contract unit price for the devices or measures utilized in borrow sources and waste areas. No additional payment will be made for erosion control devices or permanent seeding and mulching in any commercial borrow or waste pit. All erosion and sediment control practices that may be required on a commercial borrow or waste site will be done at the Contractor's expense. The Contractor stated that he plans to use a commercial waste pit. Gravel Construction Entrance - Contractor shall install a Gravel Construction Entrance in accordance with Standard Drawing No. 1607.01 and at locations as directed. Safety Fence - The Safety Fence shall be installed prior to any land disturbing activities along the outside riparian buffer, wetland, or water boundary, located within the construction corridor, to mark the areas that have been approved to infringe within the buffer, wetland or water. The Contractor and the Resident Engineer will meet on site before construction begins. STRUCTURES Crane Safety - Prime contractors, sub-contractors and fully-operated rental companies shall comply with the current Occupational Safety and Health Administration (OSHA) regulations. Changes in personnel or equipment must be reported to the Engineer prior to continuing with crane operations. Preconstruction Conference Minutes B-.4174 Page 8 Grout for Structures - Unless otherwise required in the contract or by the Engineer, a grout mix design submittal is not required when using an approved packaged grout. When grout mix designs are submitted, the Engineer will review the mix designs and notify the Contractor as to their acceptability. Contractor should not use grout mix designs until written acceptance has been received. Acceptance of grout mix designs or use of approved packaged grouts does not relieve the Contractor of responsibility to furnish a product that meets the contract requirements. Questions should be referred to Mike Robinson. PERMITS Mrs. Johnson advised that the US Army Corps of Engineers and NCDENR have issued a permit for this project. It is incumbent upon the Contractor to be familiar with the conditions of the permit. The Contractor shall comply with all applicable permit conditions during construction of this project. Agents of the permitting authority will periodically inspect the project for adherence to the permits. Should the Contractor propose to utilize construction methods (such as temporary structures or fill in waters and/or wetlands for haul roads, work platforms, cofferdams, etc.) not specifically identified in the permit (individual, general or nationwide) authorizing the project, it shall be the Contractor's responsibility to coordinate with the Engineer to determine what, if any, additional permit action is required. The Contractor shall also be responsible for initiating the request for the authorization of such construction method by the permitting agency. The request shall be submitted through the Engineer. The Contractor shall not utilize the construction method until it is approved by the permitting agency. The request normally takes approximately 60 days to process; however, no extensions of time or additional compensation will be granted for delays resulting from the Contractor's request for approval of construction methods not specifically identified in the permit. 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. All measures will be taken to avoid any temporary fill from entering Moseley Creek from the bridge demolition. Bridge demolition shall follow NCDOT Best Management Practices for Construction and Maintenance Activities dated August 2003 and incorporate NCDOT policy entitled Bridge Demolition and Removal in Waters of the United States dated September 20, 1999. No bridge demolition debris, or excavated or fill material, will be placed at any time in any wetlands or surrounding waters, outside the alignment of the fill area indicated on the work plans. All excavated materials will be confined above normal high water and landward of regularly or irregularly flooded wetlands behind adequate dikes or retaining structures to prevent spillover of solids into any wetlands or surrounding waters. Preconstruction Conference Minutes B-4174 Page 9 Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands, or any activities that cause the degradation of waters or wetlands, except as authorized by this permit, or any modification to this permit. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. There shall be no excavation from, waste disposal into, or degradation of, jurisdictional waters or wetlands associated with this permit without appropriate modification of this permit, including appropriate compensatory mitigation. This prohibition applies to all borrow and fill activities connected with this project. Heavy equipment working in wetlands must be placed on mats, or other measures must be taken to minimize soil disturbance (not necessary where you are placing fill). If concrete is used during construction, a dry work area should be maintained to prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete should not be discharged into surface waters due to the potential for elevated pH and possible aquatic life and fish kills. During construction of the project, no staging of equipment of any kind is permitted in waters of the U. S. or protected riparian buffers. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids or other toxic materials. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. All fill slopes located in jurisdictional wetlands shall be placed at slopes no greater than 3:1, unless otherwise authorized by the certification. The outside buffer, wetlands or water boundary, located within the construction corridor approved by this authorization, shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by the certification. Native riparian vegetation must be re-established within the construction limits of the project by the end of the growing season following completion of construction. . All storm water runoff shall be directed as sheet flow through stream buffers at nonerosive velocities. There are two sets of drawings shown in the permit---one for the buffers and one for the wetlands. In the wetland drawings, some areas are shown designating hand clearing only. Mechanized clearing is allowed on the left hand side. Buffer impact drawings are shown on page 122. These drawings show where you can impact zones one and two. Preconstruction Conference Minutes B-4'174 Page 10 All standard procedures will be implemented to avoid or minimize environmental impacts. There were no further questions and/or comments and the meeting was adjourned. CAROLINA BRIDGE CO., INC. DATE NAME AND TITLE .4 .a SU)Evp STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY DIVISION OF HIGHWAYS GOVERNOR June 5, 2007 VMS Element: 33521.3.1 (B-4174) Contract No. C201600 F. A Number: BRZ-1515 (3) County: Lenoir Description: Bridge over Moseley Creek and Approaches on SR 1515 MEMORANDUM TO: Ellis C. Powell, Jr., PE State Construction Engineer FROM: Wendi O. Johnson, PE Division Construction Engineer SUBJECT: Approved Preconstruction Conference Minutes LYNDO TIPPETT SECRETARY We are transmitting an approved copy of the minutes covering the Preconstruction Conference for the above project, which was held on April 23, 2007. The minutes were approved by the Contractor, Carolina Bridge Company, as recorded. Attachment c: Ron Lucas (FHWA) Gary Jordan (US Fish & Wildlife) Rob Ridings (NCDENR, Division of Water Quality) Brian Wrenn (NCDENR, Division of Water Quality) John Holley (NCDENR, Land Quality Section) Travis Wilson (NCWRC) David Cox (NCWRC) Ron Sechler (National Marine Fisheries) William Wescott (US Army Corps of Engineers) Tony Grantham (Tri-County) Richard McCarter (Embarq) Nathan Barnhill (Sudden Link Communications) nq. 1 r ?Tr?N?s N? ??Oz gN?SQTF,?. , Post Office Box 3165, Wilson, North Carolina 27895-3165 Telephone (252) 237-6164 Fax (252) 234-6174 Ellis C. Powell, Jr., PE June 5, 2007 , Page 2 ec: Cecil Jones, PE Donald Pearson, EI, CPESC Robert Simpson Andy Brown, PE Bobby Lewis, PE Mike Robinson, PE Andy Pridgen Ron Hancock, PE Albert Joyner Eli Saleeby Mike McKeel, PE Ed Eatmon, PE Keith Honeycutt, PE, PLS Charles W. Brown, PE, PLS Kevin Lacy, PE Victor Barbour, PE Don G. Lee Jimmy Marler Jamie Guerrero Warren Walker, PE Haywood Daughtry, PE Doug Allison Gary McLamb K. J. Kim, Ph.D., PE David R. Henderson, PE Queen Crittendon Greg Dixon Preston Hunter, PE Leonard White Kenny Baines P• PRECONSTRUCTION CONFERENCE AND PERMIT MEETING WBS Element: 33521.3.1 (B-4174) Federal Aid No.: BRZ-1515 (3) Contract No.: C201600 County: Lenoir Description: Bridge over Moseley Creek and Approaches on SR 1515 The Preconstruction Conference for the above project was held in the Wilson Division Office Conference Room on April 23, 2007 with the following persons in attendance: N_ Andy Pridgen Eli Saleeby Alton Glover Keith Honeycutt Richard Nickel Benny Woodard Jimmy Best Mike McKeel Gary McLamb REPRESENTING NCDOT - @A-Lab, Division 4 NCDOT - Right of Way, Division 2 NCDOT - Right of Way, Division 2 NCDOT - Location & Surveys Carolina Bridge Company NCDOT - Division 4 NCDOT - Division 4 NCDOT - Division 4/Resident Engineer NCDOT - Utilities Coordination Unit Wendi Johnson, Division Construction Engineer, presided over the conference. She asked everyone present to introduce themselves and their company affiliation. It was noted that the meeting was being held from the proposal and not the contract. Wayne Wright and Mark Weeks will act as Project Superintendents for the Contractor. Jimmy Best will act as Project Inspector and Traffic Control Coordinator for the Division of Highways. The Contractor advised they plan to begin work May 7, 2007. He should give the Resident Engineer 30 days notice if this date should change. The Contractor did not submit his progress schedule at the time of the meeting. He was advised that he would not be allowed to begin work until the progress schedule was approved by the Department and bond documents were received in Raleigh. He was told by Ms. Johnson that he must also submit a letter naming persons authorized to sign Supplemental Agreements, letter naming the Company EEO Officer and Minority Liaison Officer, and letter naming Erosion and Sediment Control/Storm Water Certified Supervisor, Certified Foreman and Certified Installer. These forms have since been received by the Department. By copy of these minutes, we are advising the Contractor that his progress schedule has been checked and is approved as submitted. LOCATION AND SURVEYS Keith Honeycutt advised that the survey work was done by the New Bern Office. All of the right of way has been set and verified. Should the Contractor have any questions, he should contact Terry Wheeler in the New Bern Office. Preconstruction Conference Minutes B-4114 Page 2 t RIGHT OF WAY Mike McKeel covered this portion of the contract. All of the right of way has been acquired. There are no known underground storage tanks, nor any known soil contamination within the right of way of the project. There are no 200 Series Items on this 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. UTILITY CONFLICTS Embarq (Telephone) - All utilities have been cleared. Tri-County (Power Distribution) - There is a power line to be relocated. Work will take approximately one week once PUE is cleared. The Contractor is required to give Tri-County a notice of 30 days. Sudden Link Communications (Cable) - All utilities have been cleared. ASPHALT PAVEMENTS Mr. Andy Pridgen, Division QA Supervisor, asked the Contractor if he had any questions of the Special Provisions outlined on pages 26 thru 29. Mr. Pridgen advised that the Special Provisions in this contract are dated 07/18/06 (Rev. 9/19/06). The Contractor advised that Barnhill Contracting would perform paving on this project. A certified QMS Roadway Contractor's Representative will be required to be on the project during paving. Density testing may be required for wedging (depending on the depth). Contractor advised that cores would probably be used for density testing. Mr. Pridgen called attention to the following revisions to the 2006 Standard Specifications: On page 6-28, 610-3 (A) Mix Design - General, in the third sentence of the fourth paragraph, substitute 20% for 15%. In the first, second and third sentences of the fifth paragraph, substitute 200/o for 15%. Preconstruction Conference Minutes B-4174 Page 3 On page 6-75, 660-9 (B), add the following as sub-item (5): (5) Sand Seal Place the fully required amount of asphalt material in one application and immediately cover with the seal coat aggregate. Uniformly spread the fully required amount of aggregate in one application and correct all non-uniform areas prior to rolling. Immediately after the aggregate has been uniformly spread, perform rolling. When directed, broom excess aggregate material from the surface of the seal coat. When the sand seal is to be constructed for temporary sealing purposes only and will not be used by traffic, other grades of asphalt material meeting the requirements of Articles 1020-6 and 1020-7 may be used in lieu of the grade of asphalt required by Table 660-1 when approved. PROJECT SPECIAL PROVISIONS GENERAL Contract Time and Liquidated Damages - The date of availability for this contract is the date the Contractor begins work but not before April 30, 2007 or later than June 1, 2007. The completion date for this contract is December 31, 2007. The liquidated damages for this contract are $200.00 per calendar day. Intermediate Contract Time Number I and Liquidated Damages - Except for work required under the Project Special Provisions entitled Planting and/or Reforestation, the Contractor will be required to complete all work included in this contract and place and maintain traffic on same by the date which is 130 consecutive calendar days after and including the date of availability. The date of availability for this Intermediate Contract Time is the date the Contractor begins work but not before April 30, 2007 or later than June 1, 2007. The liquidated damages for this Intermediate Contract Time are $400.00 per calendar day. Fired Price Adjustment - Bidders will have the option to opt out of receiving a fuel price adjustment on this contract. If no designation is shown in the bid, the bidder will be subject to the fuel price adjustment. The base index price for Number Two Diesel Fuel is $1.7473 per gallon. DISADVANTAGED BUSINESS ENTERPRISE It is the policy of the North Carolina Department of Transportation that Disadvantaged Business Enterprises (DBEs) as defined in 49 CFR Part 26 shall have the opportunity to participate in the performance of contracts financed in whole or in part by federal funds in order to create a level playing field on which DBEs can compete fairly. Precortstruction Conference Minutes B-4174 Page 4 The Contractor shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of federally assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the Department deems necessary. The Contractor is also encouraged to give every opportunity to allow DBE participation in Supplemental Agreements. The Contractor's EEO Officer and Minority Liaison Officer is Richard Nickel. The Contractor shall exercise all necessary and reasonable steps to insure that Disadvantaged Business Enterprises participate in at least 5% of the contract. The contract was awarded with 5.07%.participation with a Good Faith Effort. The Resident Engineer furnished the Contractor with required posters for his bulletin board. The Contractor's EEO Policy Statement is to be posted on the project's bulletin board, which should be weatherproof, along with the following posters: 1. Davis-Bacon Minimum Prevailing Wage Rate Schedule 2. Wage-Rate Information - F/A Project, Form PR-1495 3. Notice Relating to False Statements, Form PR-1022 4. EEO Poster - Discrimination is Prohibited The Contractor is urged to document, in writing, all actions taken in complying with Equal Opportunity of Employment Provisions, Training Provision, and Minority Business Enterprise Provision. This includes applicant referrals, meetings with employees, on-site inspections, wage evaluations, etc. All subcontractors and suppliers are responsible for meeting the same requirements as the prime contractor, and it is the prime contractor's responsibility to oversee that both are in compliance. 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. Replacement of DBE - The Contractor shall not terminate a committed DBE subcontractor for convenience or perform the work with its own forces or those of an affiliate. If the Contractor fails to demonstrate reasonable efforts to replace a committed DBE firm that does not perform as intended, or completes the work with its own forces without the Engineer's approval, the Contractor may be disqualified from further bidding for a period of up to six months. Reporting Disadvantaged Business Enterprise Participation - When payments are made to Disadvantaged Business Enterprise firms, including material suppliers, Contractors at all levels shall provide the Engineer with an accounting of said payments. This accounting shall be furnished to the Engineer for any given month by the end of the following month. Preconstruction Conference Minutes B-4174 Page 5 The Contractor shall report the accounting of payments through the Department's DBE Payment Tracking System, which is a web based application. The System can be accessed through the following web link: https://apps.dot.state.nc.us/Vendor/PavmcntTrackin , /. The Contractor shall also provide the Engineer an affidavit attesting the accuracy of the information submitted in the Payment Tracking System. This, too, shall be submitted for any given month by the end of the following month. Submission of Records -Federal Aid Projects - This project is not located on the National Highway System; therefore, federal form FHWA-47 is not required. Also, payrolls are not required on this project. Erosion & Sediment Control/Storm Water Certification - Contractor shall provide a Certified Supervisor, Certified Foreman and Certified Installer on this project. Names are required to be furnished prior to beginning of work. The Certified Supervisor shall be responsible for ensuring that erosion and sediment/storm water control is adequately implemented and maintained on the project. Contractor will notify the Engineer of changes in certified personnel over the life of the contract within two days of change. Procedure for Monitoring Borrow Pit Discharge - Water discharge from borrow pit sites shall not cause surface waters to exceed 50 NTUs in streams not designated as trout waters and 10 NTUs in streams, lakes or reservoirs designated as trout waters. For lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTUs. If the turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. During the Environmental Assessment required by Article 230-4 of the Standard Specifications, the Contractor shall define the point at which the discharge enters the State's surface waters and the appropriate sampling locations. The discharge shall be closely monitored when water from the dewatering activities is introduced into jurisdictional wetlands. No activities shall occur in wetlands that adversely affect the functioning of a wetland. Visible sedimentation will be considered an indication of possible adverse impacts on wetland use. Contractor plans to use Best Sand and Gravel in Wayne County. NOTES TO CONTRACTOR: 1. Undercut using dragline or other approved methods to prevent disturbance of the underlying soils. Do not operate heavy equipment directly on the base of the box cut. 2. Do not allow heavy equipment on areas where fabric for soil stabilization is recommended, in order to minimize rutting of natural ground. Cut trees flush with the ground surface, and place fabric on relatively undisturbed, natural ground, without grubbing. Safety Vests - All Contractor's 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. Contractor advised that they use Class H safety vests. Preconstruction Conference Minutes B-4174 Page 6 PROJECT SPECIAL PROVISIONS ROADWAY Clearing and Grubbing - Perform clearing on this project to the limits established by Method II shown on Standard No. 200.02 of the Roadway Standard Drawings. Shoulder and Fill Slope Material (Lump Sum Grading) - Required shoulder and slope construction for this project shall be performed in accordance with the requirements of Section 226 of the Standard Specifications except as follows: Construct the top 6" 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" 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. EROSION CONTROL Crimping Straw Mulch - Crimping shall be required on this project adjacent to any section of roadway where traffic is to be maintained or allowed during construction. In areas within six feet of the edge of pavement, straw is to be applied and then crimped. After the crimping operation is complete, an additional application of straw shall be applied and immediately tacked with a sufficient amount of undiluted, emulsified asphalt. Mowing- The minimum mowing height on this project shall be four inches. Reforestation - Reforestation will be planted along the outside borders of the road, and in other areas as directed. Reforestation is not shown on the plan sheets (see the Reforestation Detail Sheet). All non-maintained riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the preconstruction contours and revegetated with native woody species. Response for Erosion Control - The Contractor shall provide an approved subcontractor who performs an erosion control action as described in Form 1675. Environmentally Sensitive Areas - This project is located in an Environmentally Sensitive Area. This designation requires special procedures to be used for clearing and grubbing, temporary stream crossings and grading operations within the Environmentally Sensitive Areas identified on the plans and as designated by the Engineer. This also requires special procedures to be used for seeding and mulching and stage seeding within the project. The Environmentally Sensitive Area shall be defined as a 50-foot buffer zone on both sides of the stream or depression, measured from top of stream bank or center of depression. Preconstruction Conference Minutes B-4174 Page 7 Clearing and Grubbing - In areas identified as Environmentally Sensitive Areas, the Contractor may perform clearing operations but not grubbing operations until immediately prior to beginning grading operations as described in Article 200-1 of the Standard Specifications. Only clearing operations.(not grubbing) shall be allowed in this buffer zone until immediately prior to beginning grading operations. Erosion control devices shall be installed immediately following the clearing operation. Only clear where absolutely necessary. Grading - Once grading operations begin in identified Environmentally Sensitive Areas, work shall progress in a continuous manner until complete. All construction within these areas shall progress in a continuous manner such that each phase is complete and areas are permanently stabilized prior to beginning of next phase. Failure on the part of the Contractor to complete any phase of construction in a continuous manner in Environmentally Sensitive Areas will be just cause for the Engineer to direct the suspension of work in accordance with Article 108-7 of the Standard Specifications. Temporary Stream Crossings - Any crossing of streams within the limits of this project shall be accomplished in accordance with the requirements of Subarticle 107-13 (B) of the Standard Specifications. Minimize Removal of Vegetation - The Contractor shall minimize removal of vegetation at stream banks and disturbed areas within the project limits as directed. Waste and Borrow Sources - Payment for temporary erosion control measures, except those made necessary by the Contractor's own negligence or for his own convenience, will be paid for at the appropriate contract unit price for the devices or measures utilized in borrow sources and waste areas. No additional payment will be made for erosion control devices or permanent seeding and mulching in any commercial borrow or waste pit. All erosion and sediment control practices that may be required on a commercial borrow or waste site will be done at the Contractor's expense. The Contractor stated that he plans to use a commercial waste pit. Gravel Construction Entrance - Contractor shall install a Gravel Construction Entrance in accordance with Standard Drawing No. 1607.01 and at locations as directed. Safety Fence - The Safety Fence shall be installed prior to any land disturbing activities along the outside riparian buffer, wetland, or water boundary, located within the construction corridor, to mark the areas that have been approved to infringe within the buffer, wetland or water. The Contractor and the Resident Engineer will meet on site before construction begins. STRUCTURES Crane Safety - Prime contractors, sub-contractors and fully-operated rental companies shall comply with the current Occupational Safety and Health Administration (OSHA) regulations. Changes in personnel or equipment must be reported to the Engineer prior to continuing with crane operations. Preconstruction Conference Minutes B-4174 Page 8 Grout for Structures - Unless otherwise required in the contract or by the Engineer, a grout mix design submittal is not required when using an approved packaged grout. When grout mix designs are submitted, the Engineer will review the mix designs and notify the Contractor as to their acceptability. Contractor should not use grout mix designs until written acceptance has been received. Acceptance of grout mix designs or use of approved packaged grouts does not relieve the Contractor of responsibility to furnish a product that meets the contract requirements. Questions should be referred to Mike Robinson. PERMITS Mrs. Johnson advised that the US Army Corps of Engineers and NCDENR have issued a permit for this project. It is incumbent upon the Contractor to be familiar with the conditions of the permit. The Contractor shall comply with all applicable permit conditions during construction of this project. Agents of the permitting authority will periodically inspect the project for adherence to the permits. Should the Contractor propose to utilize construction methods (such as temporary structures or fill in waters and/or wetlands for haul roads, work platforms, cofferdams, etc.) not specifically identified in the permit (individual, general or nationwide) authorizing the project, it shall be the Contractor's responsibility to coordinate with the Engineer to determine what, if any, additional permit action is required. The Contractor shall also be responsible for initiating the request for the authorization of such construction method by the permitting agency. The request shall be submitted through the Engineer. The Contractor shall not utilize the construction method until it is approved by the permitting agency. The request normally takes approximately 60 days to process; however, no extensions of time or additional compensation will be granted for delays resulting from the Contractor's request for approval of construction methods not specifically identified in the permit. 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. All measures will be taken to avoid any temporary fill from entering Moseley Creek from the bridge demolition. Bridge demolition shall follow NCDOT Best Management Practices for Construction and Maintenance Activities dated August 2003 and incorporate NCDOT policy entitled Bridge Demolition and Removal in Waters of the United States dated September 20, 1999. No bridge demolition debris, or excavated or fill material, will be placed at any time in any wetlands or surrounding waters, outside the alignment of the fill area indicated on the work plans. All excavated materials will be confined above normal high water and landward of regularly or irregularly flooded wetlands behind adequate dikes or retaining structures to prevent spillover of solids into any wetlands or surrounding waters. Preconstruction Conference Minutes B-4174 Page 9 Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands, or any activities that cause the degradation of waters or wetlands, except as authorized by this permit, or any modification to this permit. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. There shall be no excavation from, waste disposal into, or degradation of, jurisdictional waters or wetlands associated with this permit without appropriate modification of this permit, including appropriate compensatory mitigation. This prohibition applies to all borrow and fill activities connected with this project. Heavy equipment working in wetlands must be placed on mats, or other measures must be taken to minimize soil disturbance (not necessary where you are placing fill). If concrete is used during construction, a dry work area should be maintained to prevent. direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete should not be discharged into surface waters due to the potential for elevated pH and possible aquatic life and fish kills. During construction of the project, no staging of equipment of any kind is permitted in waters of the U. S. or protected riparian buffers. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids or other toxic materials. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. All fill slopes located in jurisdictional wetlands shall be placed at slopes no greater than 3:1, unless otherwise authorized by the certification. The outside buffer, wetlands or water boundary, located within the construction corridor approved by this authorization, shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by the certification. Native riparian vegetation must be re-established within the construction limits of the project by the end of the growing season following completion of construction. All storm water runoff shall be directed as sheet flow through stream buffers at nonerosive velocities. There are two sets of drawings shown in the permit---one for the buffers and one for the wetlands. In the wetland drawings, some areas are shown designating hand clearing only. Mechanized clearing is allowed on the left hand side. Buffer impact drawings are shown on page 122. These drawings show where you can impact zones one and two. Preconstruction Conference Minutes B-4174 Page 10 All standard procedures will be implemented to avoid or minimize environmental impacts. There were no further questions and/or comments and the meeting was adjourned. CAROLINA BRIDGE CO., INC. DATE NAME AND TITLE Please respond to NCDOT in writing within 10 business days with an EEP acceptance letter for this NCDOT project. If you have any questions or need additional information, please contact Mr. Tyler Stanton at tstanton@dot.state.nc.us or (919) 715-1439. Sincerely, Cc: Mr. John Hennessy, NCDW,Q Mr. Brian Wrenn, NCDWQ Mr. William Wescott, USACE Gregory J. Thorpe, Ph.D., Environmental Management Director Project Development & Environmental Analysis Branch Ms. Linda Fitzpatrick, NCDOT Natural Environment Unit Mr. Majed Alghandour, P. E, NCDOT Project Management/Scheduling Unit Mr. Todd Jones, NCDOT External Audit Branch UTILITY a of a PROJECT: B-4174 AREA AFFECTED BY PROP. PUE CLEARING UPDATED: 10105/06 Vmoua filename: b4174 Ut Envir Permit.xis MECHANIZED CLEARING HAND CLEARING (SQ FT) (SO FT) Area 1 375.03 Area 2 8,746.65 Area 3 Area 4 TOTAL (SQ FT): 375.03 TOTAL (SQ FT): 8,746.65 TOTAL (ACREAGE): 0.01 TOTAL (ACREAGE): 0.20 1 acre = 43.560 sq ft 43,560 TOTAL AREA OF WETLAND THAT WILL BE IMPACTED BY PUE CLEARING : 0.21 Acres 0 01-MAY-2006 11:28 r:\roo?w0? ro \b4174_rdy_tsh.dgn C: C201600 PROfLUTo B-4174 0 0 0 w w ?' o X _n -1 O m 'a m r)-4 op rn n % S z z i e v O ,, oo n -? nn N j v O o h Qz i e? \?? ?? e C y?. ol Co. ? Z it II II II II II 2.' ? + - ca Zn D tr O y m Z m • (? `3 _• °?: - 77yppo ° ? ? ® ? " m o m m O8Zv -+ Z Z D 10 r = = mH m Z N 7o r C O C y m A _I o o o p0 ? `C c? C) N ma v m 14 v N II p 9 0 N p w P O . N N N z ?g N "G `o to,) N o V o ° m0? H ? L ? ti D Z b ? n m ° y b ON 11 b Y ?b y 8? 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I r ? ? 0 ZNm I ?~ °N \ I I R E n + IF '? y GD I / ,?w,.wv, p (? ??i 11- ? _ ? `cn,,? s C H v ,Im I ? I ar Ioo k I'n 1 D 0 C N ? { ? 2 ? '?I $ A 3 I? .m ?o Ln z ? b a ? I I ? n y ? 3 I i ° W ,by, y I b al + b II `-- -- I 3 II III I 6 ? - ?X1e----- ? 45? Q III I I Q I ill ?lr lrl ? I y III III IIII III LII I 2 I? I I V ?Ii ?I II x 1 IIII nom ???) ?II+ W ? ? ? ?a4 liil °? o . I IIII m \ ? 1- ' 11 v c, ? ? l ? ? \ 1 I i ?J "sv I ? \ ?-?- ?- I F ® ll I ICI _e' I j + o I I ? I II 1 III I y g II `a p 1 ? I 11 I I ?I1 m -011I o 1) ? I IIII I ? n 1 ?Il ?j0 ? i II N II ? ?l ICI II 1I ? I I ? d l l l II au 10 \ \\\\\N g ?r?r ??,?,p•,?q P P D \ N 9y r TD \\ ??\ WI+ ? C 20 8 by Z K wz Z ? a ? ,? ? 9? o rA O 0? XW ti A B C CATEGORICAL EXCLUSION ACTION CLASSIFICATION FORM TIP Project No. B-4174 State Project No. 8.2200401 W.B.S. No. 33521.1.1 Federal Project No. BRZ-1515 (3) Project Description: RECEIVED MAY 164 20 0,005 „, ?• ,•.,,..F.., P0FA•0r? `IS'O : .... ......:. i ` ? _•:" This project proposes to replace Bridge No. 128 on SR 1515 over Mosely Creek in Lenoir County. The replacement structure will consist of an 80-foot long bridge. The bridge will be of sufficient width to provide for a minimum of two 12-foot lanes with three-foot offsets on each side. Traffic will be detoured offsite during construction. The roadway grade of the new structure will be approximately the same as the existing grade at this location. The existing roadway will be widened to a 24-foot pavement width to provide two 12-foot lanes. Eight-foot shoulders will be provided on each side. This roadway will be designed as a local route with a 60 mile per hour design speed. Purpose and Need: Bridge Maintenance Unit records indicate the bridge has a sufficiency rating of 22.6 out of a possible 100 for a new structure. According to Federal Highway Administration (FHWA) standards the bridge is considered structurally deficient with a structure appraisal of 2 out of 9 and paired with a sufficiency rating of 50 or less is eligible for FHWA's Highway Bridge Replacement and Rehabilitation Program. The replacement of this inadequate structure will result in safer traffic operations. Proposed Improvements: Circle one or more of the following Type II improvements which apply to the project: Modernization of a highway by resurfacing, restoration, rehabilitation, reconstruction, adding shoulders, or adding auxiliary lanes (e.g., parking, weaving, turning, climbing). a. Restoring, Resurfacing, Rehabilitating, and Reconstructing pavement (3R and 4R improvements) b. Widening roadway and shoulders without adding through lanes c. Modernizing gore treatments d. Constructing lane improvements (merge, auxiliary, and turn lanes) e. Adding shoulder drains { - f. Replacing and rehabilitating culverts, inlets, and drainage pipes, including safety treatments g. Providing driveway pipes h. Performing minor bridge widening (less than one through lane) i. Slide Stabilization j. Structural BMP's for water quality improvement 2. Highway safety or traffic operations improvement projects including the installation of ramp metering control devices and lighting. a. Installing ramp metering devices b. Installing lights c. Adding or upgrading guardrail d. Installing safety barriers including Jersey type barriers and pier protection e. Installing or replacing impact attenuators f. Upgrading medians including adding or upgrading median barriers g. Improving intersections including relocation and/or realignment h. Making minor roadway realignment i. Channelizing traffic j. Performing clear zone safety improvements including removing hazards and flattening slopes k. Implementing traffic aid systems, signals, and motorist aid 1. Installing bridge safety hardware including bridge rail retrofit O , Bridge rehabilitation, reconstruction, or replacement or the construction of grade separation to replace existing at-grade railroad crossings. a. Rehabilitating, reconstructing, or replacing bridge approach slabs b. Rehabilitating or replacing bridge decks c. Rehabilitating bridges including painting (no red lead paint), scour repair, fender systems, and minor structural improvements O Replacing a bridge (structure and/or fill) 4. Transportation corridor fringe parking facilities. 5. Construction of new truck weigh stations or rest areas. 6. Approvals for disposal of excess right-of-way or for joint or limited use of right-of-way, where the proposed use does not have significant adverse impacts. 7. Approvals for changes in access control. 8. Construction of new bus storage and maintenance facilities in areas used predominantly for industrial or transportation purposes where such construction is not inconsistent with existing zoning and located on or near a street with adequate capacity to handle anticipated bus and support vehicle traffic. 9. Rehabilitation or reconstruction of existing rail and bus buildings and ancillary facilities where only minor amounts of additional land are required and there is not a substantial increase in the number of users. 10. Construction of bus transfer facilities (an open area consisting of passenger shelters, boarding areas, kiosks and related street improvements) when located in a commercial area or other high activity center in which there is adequate street capacity for projected bus traffic. D 11. Construction of rail storage and maintenance facilities in areas used predominantly for industrial or transportation purposes where such construction is not inconsistent with existing zoning and where there is no significant noise impact on the surrounding community. 12. Acquisition of land for hardship or protective purposes, advance land acquisition loans under section 3(b) of the UMT Act. Hardship and protective buying will be permitted only for a particular parcel or a limited number of parcels. These types of land acquisition qualify for a CE only where the acquisition will not limit the evaluation of alternatives, including shifts in alignment for planned construction projects, which may be required in the NEPA process. No project development on such land may proceed until the NEPA process has been completed. 13. Acquisition and construction of wetland, stream and endangered species mitigation sites. 14. Remedial activities involving the removal, treatment or monitoring of soil or groundwater contamination pursuant to state or federal remediation guidelines. Special Project Information: (Include Environmental Commitments and Permits Required.) Estimated Costs: Total Construction Right of Way Total Estimated Traffic: Current TTST $ 500,000 44,000 $ 544,000 1000 Year 2025 - 1800 4% Dual - 2% Accidents: In a check of a recent three-year period there were no accidents recorded by the Department of Motor Vehicles. Design Speed: 60 mph Functional Classification: Rural Local Route School Busses: During the school year there are 10 school bus crossings per day at this location. The Transportation Director for Lenoir County Public Schools indicated that an offsite detour is acceptable although at least one of the busses will require a place to turn around near the north end•of the bridge during construction. Division Office Comments: The Division concurs with the proposed alternate. Bridge Demolition: Bridge 128 is composed timber piles with concrete caps and a concrete superstructure. It is likely that all components can be removed without any appreciable debris falling into the water. Studied Offsite Detour: The offsite detour will utilize SR 1516, SR 1514, SR 1503, and back to SR 1515 (see Figure One). There would be 1.4 miles of additional travel resulting in a xotal delay of 2 minutes. The construction period is not likely to exceed four months. Neither Emergency Services nor the County School System has a problem with temporary offsite detour. Furthermore, replacing the bridge on the existing location and detouring traffic offsite during construction will help to minimize impacts to the high quality wetlands in all four quadrants of the bridge. NCDOT Division 2 also supports an 6ffsite detour. These conditions all fall within NCDOT's guidelines for acceptable offsite detours. Other Alternatives: No other alternatives were developed because all data and input pointed to the proposed alternative. Design Exception: There will be no design exceptions for this project. 4 . . f E. Threshold Criteria The following evaluation of threshold criteria must be completed for Type II actions ECOLOGICAL YES NO (1) Will the project have a substantial impact on any unique or important natural resource? X (2) Does the project involve habitat where federally listed endangered or threatened species may occur? X (3) Will the project affect-anadromous fish? ? X (4) If the project involves wetlands, is the amount of permanent and/or temporary wetland taking less than one-tenth (1/10) of an acre and have all practicable measures to avoid and minimize wetland takings been evaluated? X (5) Will the project require the use of U. S. Forest Service lands? ? X (6) Will the quality of adjacent water resources be adversely impacted by proposed construction activities? X (7) Does the project involve waters classified as Outstanding Water Resources (OWR) and/or High Quality Waters (HQW)? X (8) Will the project require fill in waters of the United States in any of the designated mountain trout counties? X (9) Does the project involve any known underground storage tanks (UST's) or hazardous materials sites? X PERMITS AND COORDINATION YES NO (10) If the project is located within a CAMA county, will the project significantly affect the coastal zone and/or any "Area of Environmental Concern" (AEC)? X (11) Does the project involve Coastal Barrier Resources Act resources? X (12) Will a U. S. Coast Guard permit be required? ? X (13) Will the project result in the modification of any existing regulatory floodway? X 5 r (14) Will the project require any stream relocations or channel changes? X SOCIAL, ECONOMIC, AND CULTURAL RESOURCES YES NO (15) Will the project induce substantial impacts to planned growth or land use for the area? X (16) Will the project require the relocation of any family or business? X (17) Will the project have a disproportionately high and adverse human health and environmental effect on any minority or low-income population? X (18) If the project involves the acquisition of right of way, is the amount of right of way acquisition considered minor? ? X (19) Will the project involve any changes in access control? ? X (20) Will the project substantially alter the usefulness and/or land use of adjacent property? ? X (21) Will the project have an adverse effect on permanent local traffic patterns or community cohesiveness? X (22) Is the project included in an approved thoroughfare plan and/or Transportation Improvement Program (and is, therefore, in conformance with the Clean Air Act of 1990)? ? X (23) Is the project anticipated to cause an increase in traffic volumes? X (24) Will traffic be maintained during construction using existing roads, staged construction, or on-site detours? ? (25) If the project is a bridge replacement project, will the bridge be replaced at its existing location (along the existing facility) and will all construction proposed in association with the bridge replacement project be contained on the existing facility? ? X (26) Is there substantial controversy on social, economic, or environmental grounds concerning the project? ? X (27) Is the project consistent with all Federal, State, and local laws relating to the environmental aspects of the project? ? X (28) Will the project have an "effect" on structures/properties eligible for or listed on the National Register of Historic Places? X 6 • `I (29) Will the project affect any archaeological remains which are ? (31) Will the project result in any conversion of assisted public recreation sites or facilities to non-recreation uses, as defined by Section 6(f) of the Land and Water Conservation Act of 1965, as amended? X important to history or pre-history? X (30) Will the project require the use of Section 4(f) resources (public parks, recreation lands, wildlife and waterfowl refuges, historic sites, or historic bridges, as defined in Section 4(f) of the U. S. Department of Transportation Act of 1966)? X (32) Will the project involve construction in, across, or adjacent to a river designated as a component of or proposed for inclusion in the National System of Wild and Scenic Rivers? X F. Additional Documentation Required for Unfavorable Responses in Part E Documentation for Question 3 Mosely Creek is an anadromous fish stream. As such, The North Carolina Division of Marine Fisheries has indicated that a moratorium from February 15 to June 15 of any given year must be implemented to minimize impacts to anadramous fish. In addition, NCDOT will implement High Quality Waters Sedimentation and Erosion Control Measures as well as Stream Crossing Guidelines for Anadramous Fish Crossings. Documentation for Question 4 There will be approximately 0.4 acres of fill in wetlands associated with the widening of the approaches on this project. Choosing an offsite detour has been the chief means of minimizing impacts to the wetlands. In addition, minimized fill slopes and cross section have been incorporated and will be a continued consideration as design progresses. 7 f ? G. CE Approval TIP Project No. State Project No. W.B.S. No. Federal Project No Project Description: B-4174 8.2200401 33521.1.1 BRZ-1515(3) This project proposes to replace Bridge No. 128 on SR 1515 over a Mosely Creek in Lenoir County. The replacement structure will consist of an 80-foot long bridge. The bridge will be of sufficient width to provide for a minimum of two 12-foot lanes with three-foot offsets on each side. Traffic will be detoured offsite during construction. Categorical Exclusion Action Classification: (Check one) TYPE II(A) X TYPE II(B) Approved: .41 1 o? Date qLza? Date 4- Iz-6( Date Assistant Manager Project Development & Environmental Analysis Branch fj & f ?ZL_ , a- - Project lann ng nit Head Project Development & Enviro ental Analysis Branch For Type II(B) projects only: 1-1-Og Date 8 Project Development & Environmental Analysis Branch r - q1c PROJECT COMMITMENTS: Lenoir County Bridge No. on SR 1515 Over Mosely Creek Federal Aid Project No. BRZ-1515(3) State Project No. 8.2200401 W.B.S. No. 33521.1.1 T.I.P. No. B-4174 All Design Groups/ Division Resident Engineer - Anadramous Fish, High Quality Wetlands The North Carolina Division of Marine Fisheries has indicated that a moratorium on in-water construction will be in place from February 15 to June 15 of any given year. To the extent practical, construction should be accomplished without the use of construction pads. To the extent practical, bridge demolition should occur without getting into the water. To the extent practical, the footprint of the proposed project should be minimized. NCDOT will implement Stream Crossing Guidelines for Anadromous Fish Crossings. NCDOT will implement High Quality Waters Sedimentation and Erosion Control Measures. Office of Natural Environment - Bridge Demolition Bridge 128 is composed timber piles with concrete caps and a concrete superstructure. It is likely that all components can be removed without any appreciable debris falling into the water. Resident Engineer - School Bus Turn-Around Lenoir County Schools have indicated that an offsite detour is acceptable but that a turn-around on the north end of the bridge should be established prior to road closure. Please coordinate with the School Bus Superintendent prior to closure. Categorical Exclusion Green Sheet April 2004 Page 1 of 1 s• Mf LOOT •1502 ` \ 1398. v 1335 ?? . 1 5 ? ,' 304 1503 J 1532 ' 1 74 : 5M 1 ,? ',. ?101 iT_ 11504 C171) ham. L 1001 6 1?$? •r '1 9 •I 1.2 .6 1501 15k8 15as O 1536 ? 151 tsta " \'? 3 t6 • 1507 :?`? 15M 1501 g 1 -T \ I s 1512 • `? 1531 ices, .? T5QO I00 1530 1342+ s ° • \• ? `1 ? ? 1'509 ?? ';x'? ' 11 ? r - -.j ` . 1510 1514 Y, Project Location ?' ? 515 ',\ `', ` paw +? `? ? • 1008 h.3 ? ` 1518 '?' 1]onroad y 10 ooms?oao ? - - ? t .' .1st Z - - ?' - ? ? • , A 64 a 1323 : ; : l' j31 ? s 1_ ? ? ? 519 1 ` ? 133 ? A? ' U GRANGE ' ! •? /7 A IF/ ? W?. 2,= •1321 » ?w i 3s4 ? ? s t37JJ ?. T.5 umo •? _ eoNieaove . f____ NA" k> 1 1 Q i 3% Swm 47 e, t. . 1 • 1w X131 1 L, 73m6? ? ,8 l 13T 7 • 1327 ` •?? ' 1325 • 1329 lV 1317 '` 1309 1317 1 \ t3?3' E f .4 18s 1316 j 1309 - T330 1. ul ,• { -7 ` - - t3 berry 1331 1 SS° 1314 m ' l315 .131 1 J • ? ao 1 1332 1332 a .1312 9 1200 2 ` .5 1311 ', 1 4 ?• ` JI { T t W /'QNO?TN c4j?. NORTH CAROLINA DEPARTMENT OF tip ?ti'• TRANSPORTATION DIVISION OF HIGHWAYS PROJECT DEVELOPMENT & ??? ' ENVIRONMENTAL ANALYSIS BRANCH ?OF TppN`'-? LENOIR COUNTY REPLACE BRIDGE NO. 128 ON SR 1515 OVER MOSELY CREEK B-4174 Figure 1 -r /Ozo MAY 9 2003 North Carolina Department of Cultural Reso State Historic Preservation Office David L. S. Brook, Administrator Michael F. Easley, Governor Lisbeth C. Evans, Secretary Jeffrey J. Crow, Deputy Secretary 0 ,P DEVEO Division o . David J. Olson, Director '` May 5, 2003 MEMORANDUM TO: Greg Thorpe, Manager Project Development and Environmental Analysis Branch NCDOT Division of Highways FROM: David Brook p?, " SUBJECT: Replacement of Bridge No. 128 on SR 1515 over Mosely Creek, B-4174, Lenoir County, ER03-0950 Thank you for your memorandum of April 7, 2003, concerning the above project. We have conducted a review of the proposed undertaking and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the undertaking as proposed. 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. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill-Earley, environmental review coordinator, at 919/733-4763. In all future communication concerning this project, please cite the above referenced tracking number. cc: Mary Pope Furr www.hoo.dcr.state.nc.us Location Mailing Address TelephonefFaz ADMINISTRATION 507 N. Blount St.. Raleigh NC 4617 Mail Service Center, Raleigh NC 276994617 (919) 7334763 •733-8653 RESTORATION 515 N. Blount St., Raleigh NC 4613 Mail Service Center, Raleigh NC 276994613 (919) 733-6547 •7154801 SURVEV & PLANNING 515 N. Blount St., Raleigh NC 4618 Mail Service Center, Raleigh NC 276994618 (919) 733-6545 •715-4801 Lenoir County Public Schools Transportation Department Anthony Mitchell Director 1624 HWY 11155 Kinston, NC 28504 (252) 527-7092 Fax (252) 527-1483 March 26, 2003 To: William T. Goodwin, Jr. PE Project Development & Environmental Analysis Branch From . Anthony Mitchell A----- School Transportation Director 1624 HWY 11155 Kinston, NC 28504 Subject: Replacement of Bridge No. 128 on SR 1515 over Mosely Creek, Lenoir County, Federal Aid Project No. BRZ-1515(3). State Project No. 8.2200401, TIP No. B-4174 At this time there are five school buses routed on the proposed segment of SR 1515 to be replaced Four of the five can be rerouted. The fifth bus has a stop at Laydens Mobile Home Park just north of the bridge. The bus will have trouble turning around. The Mobile Home Park entrance is narrow. There are other drives that the bus could possibly use but permission would need to be granted from the landowners. None of the possible turnaround sites are paved and the buses will eventually cause large mud holes. csb z+ -kl* NCDENR North Carolina Department of Environment and Natural Resources Division of Marine Fisheries Michael F. Easley, Governor William G. Ross, Jr., Secretary MEMORANDUM TO: William T. Goodwin, Jr., PE NCDOT Bridge Replacement Planning Unit FROM: Mike Street DATE: July 16, 2003 SUBJECT: Natural System Report 135" / '?ej-kv? Replacement of Bridge Numbers : 128, 53, 219, Preston P. Pate, Jr.; Director 121, 21, 84, 39, 74, 52 Attached is the Divisions' reply for the above referenced project. If you have any questions, please do not hesitate to contact me. MS/sw . 344'i Kendeii S4., ?.0, Box X59. Morehead City; North Carolina 28557 ';hone: 2512-7 26-7021 2552-727_5127\ Internet: www. ncamf . net. A equal Opportunity i Af ,, rnative Action Employer - 50`k Recycied 10% Post Consumer F'aDe' 4 Z MEMORANDUM: TO: William Goodwin. Jr. THROUGH: Mile Street FROM: Sean McKenna jj DATE: July 14, 2003 SUBJECT: Natural System Report. Replacement of Bridge Numbers 128, 53, 219. 121. 21, 84. 39. 74. and -5 2. The following comments by the North Carolina Division of Marine Fisheries (NCDMF) on the Natural System Report for the replacement of the subject bridge's are offered pursuant to G.S. 113-131. Bridge Numbers 128, 53, 121, 21, 84, 39, 74, and 52. The NCDMF concurs with the findings in these reports and agrees with DOT's in-stream construction moratoriums to limit the effects on fishery resources and their plan to protect water quality (BMP's for erosion control, and surface waters protection) during construction. The NCDMF encourages DOT to bridge all wetlands for these replacement projects. Bridge Number 219. In the Natural System Reports for this bridge DOT makes no mention of anadromous fish utilizing the creek (Hardee) that this bridges traverse. NCDMF data (1974) indicates that Hardee Creek does support river herring. The NCDMF requests that DOT impose an in-water moratorium from February through September to protect adult. egg, and larval stages of these Migratory species. If data from the Wildlife Resource Commission or a stream survey shoes that these areas no longer support anadromous species then the NCDMF will withdrawal it's request for a moratorium. F.O. Bor. 769, Morehead City, North Carolina 28557-0769 Telephone 252-726-7021 FAX 252-726-0254 An Equal Opportunity Affirmative Action Employer 500% recycled/1 0% post-consumer paper V 'IV United States Department of the Interior RECEIVED FISH AND WILDLIFE SERVICE NOV 17 2005 Raleigh Field Office Post Office Box 33726 DI1nSION OF HNHWAYS Raleigh, North Carolina 27636-3726 POEA-0 CE Cf NATURkEWIADW November 8, 2005 Phil S. Harris, III, P.E., Unit Head North Carolina Department of Transportation Project Development and Environmental Analysis 1598 Mail Service Center Raleigh, North Carolina 27699-1598 Dear Mr. Harris: This letter is in response to your letter of October 31, 2005 which provided the U.S. Fish and Wildlife Service (Service) with the biological determination of the North Carolina Department of Transportation (NCDOT) that the replacement of Bridge No. 128 on SR 1515 over Mosely Creek in Lenoir County (TIP No. B-4174) may affect, but is not likely to adversely affect the federally threatened bald eagle (Haliaeetus leucocephalus). In addition, NCDOT has determined that the project will have no effect on the federally protected red-cockaded woodpecker (Picoides borealis) and sensitive joint-vetch (Aeschynomene virginica). 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 information provided, an eagle survey was conducted at the project site on October 13, 2005. The driving/walking survey extended to a radius of one mile. No eagles or eagle nest were observed. In addition, no habitat for the red-cockaded woodpecker was observed. Based on the survey results, the Service concurs with your determination that the proposed bridge replacement may affect, but is not likely to adversely affect the bald eagle. In addition, due to the lack of habitat, the Service concurs with your determination that the project will have no effect on the red- cockaded woodpecker and sensitive joint-vetch. 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 habiiai ueiCnimied thai may be affected by ihis 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). Pete cc: William Wescott, USACE, Washington, NC Nicole Thomson, NCDWQ, Raleigh, NC Travis Wilson, NCWRC, Creedmoor, NC Chris Militscher, USEPA, Raleigh, NC amm tl Services Supervisor 1 E: B-4174 Lenoir Subject: RE: B-4174 Lenoir Date: Wed, 19 Jul 2006 13:58:24 -0400 From: "Wilson, Travis W." <travis.wilson@ncwildlife.org> To: "'Tyler P. Stanton"' <tstanton@dot.state.nc.us> In a memo dated July 3, 2003 to Bill Goodwin, we did not recommend a moratorium for this project. -----Original Message----- From: Tyler P. Stanton Imailto:tstanton@dot.state.nc.usl Sent: Wednesday, July 19, 2006 9:13 AM To: Travis Wilson Subject: B-4174 Lenoir Travis, DOT plans to replace bridge No. 128 over Mosely Creek in Lenoir Co. I believe scoping letters were sent in April 2003. Do you have any recommendations concerning anadromous fish? Thanks, Tyler Tyler Stanton, Biologist North Carolina Department of Transportation PDEA, Natural Environment Unit, 1598 Mail Service Center Raleigh, NC 27699-1598 voice: (919)715-1439 fax: (919)715-5501 1 of 1 10/2/2006 10:02 AM T -Ar Special Sediment Control Fence: Description: The work covered by this section consists of the construction, maintenance, and removal of special sediment control fence. Place special sediment control fence as shown on the plans or as directed by the Engineer in wetland areas permitted for the installation of Sediment and Erosion Control measures. The sections of Special Sediment Control Fence shall serve as drainage breaks for Silt Fence and shall not exceed 10 ft. (3 m) in length. Materials: (A) Posts: Steel posts shall be at least 5 feet (1.5 m) in length, approximately 1 3/8 inches (35 mm) wide measured parallel to the fence, and have a minimum weight of 1.25 lb/ft (1.86 kg/m) of length. The post shall be equipped with an anchor plate having a minimum area of 14.0 square inches (9000 square millimeters), and shall have a means of retaining wire in the desired position without displacement. (B) 1 /4 inch (6.4mm) Hardware Cloth: Hardware cloth shall have 1/4 inch (6.4mm) openings constructed from #24 gauge wire. Install hardware cloth according to the detail shown on the plans. (C) Sediment Control Stone: Sediment control stone shall meet the requirements of Section 1005 of the 2002 Standard Specifications for Roads and Structures. Install stone according to the detail included with the plans. Maintenance and Removal: The Contractor shall maintain the special sediment control fence until the project is accepted or until the fence is removed, and shall remove and dispose of silt accumulations at the fence when so directed by the Engineer in accordance with Section 1630 of the 2002 Standard Specifications for Roads and Structures. M O . a O o 1 33N3J IOUINOO 1N3WIa3S IVIOUS a0J ONIMdda abdaNdlS HSIlON3 0' N `HJI31dd S,kVMHDIH A NOISIAIa NOI1dlaOdSNbH1 d0 'ld30 dN I IOadO H1a0N JO 31d1S m m o oo m W" 2 Z 0 -4z 0 izm --4 - m e m vo m Ni l oD \ r? m r cn -n r- D cn m -? r ?-+ m CD -1 z z CA 0 OZ> --I ?-+ v =9 z"zo m m m m m?o 0 0 -i - m Z 0. m ::'u CD --i z mr r -n m cn a o m m zm mm m m9 H- z • cn z -0 m 9 m 00 ? 0 cn o zv m o > m m _m r cn0r 3 D :E moo c z H v Go v m ">m r m m-i o m m z o z cn m i= - CA) -q cn m m = cn -n m -? r cl) r•--- N r+ m r+ z o 1 m ? - -I z 0 r 0 0 z m -gym ENGLISH STANDARD DRAWING FOR STATE OF o SPECIAL SEDIMENT CONTROL FENCE NORTH CAROLINA 16 "n O -? DEPT. OF TRANSPORTATION DIVISION OF HIGHWAYS 1.-"L RALEIGH, N.C. .» sti+n w2 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY GovERNoR May 1, 2006 MEMORANDUM TO FROM: SUBJECT: File Paul F. Fisher, P.E. Hydraulics Unit Stormwater Management Plan B-4174, Lenoir County LYNDO 17TPETT SECRETARY The following items were incorporated into the Hydraulic design of this project for stormwater quality considerations: • No deck drains on the bridge • No untreated discharge directly into Buffer Zones • Roadway side slopes set at 3:1 maximum. • Use top-down construction methods. PFF MAILING ADDRESS: NC DEPARTMENT OF TRANSPORTATION HYDRAULICS UNIT 1590 MAIL SERVICE CENTER RALEIGH NC 27699-1590 TELEPHONE: 919-2504100 FAX: 919-2504108 WEBSITE: WWW.DOH.DOT.STATE.NC.US LOCATION: CENTURY CENTER COMPLEX BUILDING B 1020 BIRCH RIDGE DRIVE RALEIGH NC