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HomeMy WebLinkAbout20052218 Ver 1_Complete File_20060403-2 Y ry ? C-)? filftwg APR p 3 !rZ?# 2006 STATE OF NORTH CAROLINA SS??B DEPARTMENT OF TRANSPORTATION , Michael F. Easley P.O. BOX 25201, RALEIGH, N.C. 27611-5201 Lyndo Tippett GOVERNOR Secretary March 28, 2006 CONTRACT NO: C201562 WBS ELEMENT: 37017 COUNTY: Wake DESCRIPTION: Bridge over Richland Creek and Approaches on SR 1930 (Stadium Drive) MEMORANDUM: TO: Ellis Powell, PE STATE CONSTRUCTION ENGINEER FROM: Chad Hinnant Assistant Reside Pt Engineer SUBJECT: Preconstruction Conference The Pre-Environmental/Pre-Construction conference for the above mentioned project was held at the Youngsville Resident engineers Office on March 24, 2006 at 2:00 PM. Representing the Department were T. N. Parrott, Chad Hinnant, David Moore, Bryan Bennett, Alan Rowland, Rick Nelson, Heather Montague, Katie Simmons, Mike Summers. Also in attendance from Wetherell Engineering, the firm that performed the design work, were Eddie Wetherill, Frank Price, and John Dillworth Representing the contractor, Balfour Beatty Construction, Inc. were Tim Daniels Jay Boyd, Mark Johnnie, Walter McDaniel. Representing SEPI Engineering Group (Subcontractor) was Jimmy Dennis and Vic lowery. Representing the North Carolina Division of Water Quality Nikki Thomson. Representing utilities for The City of Raleigh were Ed Huff and Dustin Trip, for Progress Energy were Jamie Loy, Michael Bray, and Jay Walker, for Sprint were Russell O'Berry and Sherry Perry. P. O. BOX 1018 YOuNGSVILLE, NORTH CAROLINA 27596 The Resident Engineer for this office is currently vacant. All correspondence should be directed to Chad Hinnant as follows: Chad Hinnant Assistant Resident Engineer NCDOT P. 0. Box 1018 Youngsville, NC 27596-1018 For the Department, the Project Engineer will be Chad Hinnant and the Project Inspector will be Bryan Bennett. Topics of Discussion: Introduction: Introductions were made of all that were in attendance and the Balfour Beatty was given contact information sheet With the Phone numbers and the mailing address for the Youngsville Residents office. Contract Time And Liquidated Damages: The date of availability for this contract is April3, 2006. Except for work in jurisdictional waters and wetlands, until an environmental preconstruction meeting is conducted between the Department, Regulatory Agencies, and the Contractor. This meeting is being conducted the same day as the pre-construction conference. Completion date for this contract is August 24, 2006 The liquidated damages for this contract time is Five Hundred Dollars ($500.00) per calendar day. Environmental Permits: Heather Montague from the Division Environmental Office conducted the Environmental Pre-Construction part of this meeting. Heather gave Chad Hinnant (Asst. Resident) a copy of the permit application that was submitted. She then proceeded to review the permits for this project. Heather stated that the Army Corps of Engineers within the 45-day period required, therefore the Department had automatic issuance of the permit: She reviewed the permitted site for the project, which are Site 1(Bridge site) and Site 2 (relocated Channel. At site 1 it was stated that the impacts were temporary rock causeways, and bank stabilization (20 linear feet was permitted). She also discussed that at Site 2 we were permitted for 205 linear feet of stream impacts. Nikki Thomson from the NC Division of Water Quality (NCDWQ) reviewed the permits from her office. She then stated that she had received two Emails from Chris Murray the Division Environmental Officer regarding relocating a water line through the Buffer with the use of bore and jack and also the need of relocating a sanitary sewer system through the buffer. Nikki approved both of these issues. Tracy Parrott the Division Construction Engineer wanted to highlight two of the NCDWQ permit conditions. Permit condition 5 talks about no dredging out of the channel. Tracy stated that Balfour Beatty need to be careful when removing the temporary rock causeway and suggested the fabric under the rock to help define a barrier. Permit condition 6 talks about having the permits on site at all times, Balfour Beatty said that they would post the permits on their site bulletin board. Tracy also talked about the care to be taken in the demo of the old bridge so that nothing fell into Richland Creek. Chad Hinnant stated that the NCDOT survey party would stake the placement of the orange fence, and the limits of the rock causeway. After these items are staked Chris Murray or Heather Montague will be call to verify that the are correct per the permit drawings. Dewatering of the side stream relocation during the relocation construction was discussed. Heather stated that this stream was not subject to the Buffer rules. There was talk as to how the contractor would perform the dewatering, either to build it completing in the dry if possible or to use sand bags or sheet piles to block the flow and utilize a pump around. Chad Hinnant reminded the contractor that whatever method of dewatering that they used they were follow the BMP manual. Katie Simmons from the Department roadside Environmental Unit noted that the check dam that was shown on the on the erosion control plans was shown just outside the impact area and would need to be relocated. Katie said that she would be glad to come and help with the location of this check. The Contractor brought up the issue of access to the causeways. The Erosion control plans silt fence well in front of the causeways, limiting the access to the work site. They asked if the fence could be moved closer to the stream bank giving the room that they need to work. It was decide with approval from Nikki Thomson that a second of special sediment control fence (hardware cloth and no. 57 stone) would be allowed as long as it was not placed in the creek. There was further conversation as to how the drilled shafts would be pumped out and how the cuttings would be handled. The contractor is still working with their subcontractor Gemini to formulate a plan. Tracey stated that this would need to be part of their drill plan. The use of a silt bag is allowed but shall not be placed inside the Buffer but rather in an upland area. Chad Hinnant Stated that there is to be a pre- drill meeting held on site prior to any drilling activities. This meeting will be scheduled at a later date. The contractor asked if there was a need to hold monthly walk through on the project for permit issue, to help prevent any surprises. Chad Hinnant Stated that Bryan Bennett and Katie Simmons would be conducting weekly and monthly erosion reports. Both of them along with Chris Murray would be available to answer any questions that may arise. . Erosion Control: Katie Simmons reviewed the roles and responsibilities of the contractors certified supervisor and certified forman as outlined in the contract. The focus was that the contractor needs to be proactive and is required to create their on weekly erosion list in conjunction with the inspectors list. The contractor supplied the name and certification of Jay Boyd who will be the certified supervisor on the project. They were only planning to use one certified person on this job since it is small in size, but are willing to submit a second name if needed. Katie stated as outlined in the contract that the level 2 certification can be revoked with the issuance of an ICA or a NOV. The contractor stated that they want to keep an open line of communication to prevent any major issues. Katie said that she would be willing to help with any issue. Seeding and Mulching was discussed and the contractor said that their subcontractor for this would be Carolina Environmental. Katie reviewed more erosion control issues as follows: All areas need to be stabilized within 21 days, but also need to be stabilized as soon as possible to prevent any erosion issue. Some erosion devices may need to be adjusted, but need to coordinate with her. There is to be no tack placed in the water. The stream detail does not show carrying rip rap to the top of the bank, therefore we will need to mat the area that is not cover with rip rap. All erosion devices shall be properly maintained. The contractor feels that this a balance job with possibly a little waste. The contractor is planning on using a to a certified commercial site for this waste and will provide all documentation needed. Utilities by Others: Sprint- Russell O'Berry from Sprint stated that they had a 1500 pair cable that was located outside the right of way and Time Warner was located with them. Sprint provided the residents' office with drawings of were their line was located in relationship to the project. Public Service Gas- There is a gas line located on the south side of the project. The proposed sewer line will cross the gas line, but Frank price said that they gas line is out of the way of this work. This gas line is also in close proximity to the bridgework. Frank said that there was cut off valves on either side of the project and that the line could be shut down during construction. Town of Wake Forest- Chad Hinnant said that he had talked with the town and that they were going to remove the two light poles that are in conflict on Monday March 27, 2006. The contractor asked about the down guys on the pole on the west side of the bridge at End Bent 1. Chad said that he would talk to the town on Monday and see what could be done. Progress Energy- Per the contract the contractor is allowed to have the H-frame transmission lines de- energized twice for a five-day period (Monday-Friday) each time. The de-energizing is only allowed between the Apri13, 2006 (date of availability) and May 31, 2006. It is the contractors responsibility to notify Progress Energy one week prior to the need of de-energizing. Michael Bray senior lineman for progress energy, said that him or his supervisor Jimmy Bowden is the ones that need to be contacted. He will supply Chad Hinnant with the contact information and Chad will submit it to the contract. Progress Energy will notify Wake Electric, who also share power on these lines. Progress Energy stated that there would not need to be anybody from his or her office present during construction, although if the need to get closer than fifteen feet to the energized lines was need they would require a progress energy representative on site. The contractor stated that they will want to see were the de-energized line is ground for assurance before they will conduct any work under or around the lines. Progress energy said that they would show proof that the line is de-energized the Monday after the request. The Contractor said that they are tentatively looking at wanting the first de-energizing the first week in May. The contractor explained that they are going to remove the old bridge with out the need of de-energizing, and that they will use the de- energizing-for driving piles and drilling shafts. He plans on setting the cored slabs with out the need of de- energizing. The contractor also asked Progress Energy for an emergency contact number; Michael bray gave out his home phone number. Utility construction: This contract calls for relocating an 8-inch sewer line on the south side of the side of the project. There is plan revision for this that will decrease the amount of manholes and sewer line and also eliminate the need of jack and bore across Richland Creek. The contractor and the City of Raleigh were given these revisions and the contractor will be sent a letter as a formal revision. The City said that do not need to be present during construction, but will be in the area conducting drive by inspection and could be on site with a 24- hour notice. The City requested that a pump around plan be submitted to Aaron Bower with the city of Raleigh for approval prior to beginning any pump around. Also required that the contractor have someone on site to monitor the pump around at all times. As noted on the plans there will be no Dog house style manholes allowed the contractor must cut the existing terra cotta pipe and slide a solid manhole in place. There was also a revision to the water line construction adding only an Engineers seal to the drawing. Chad Hinnant mention the concerns with the placement of the jack and bore pit for the water line. The pit will need to be placed far enough away from the existing banks so that it does not sluff off into the creek or cause any erosion or permit issue. Pit location is to be determined and approved prior to digging. Chad also stated that for all trenching and shoring activities the contractor shall have a competent person on site at all times, and shall also use a trench box or lay back the slopes of the trench as needed. The City of Raleigh asked that the drive that they have to access there easement (located Lt. -L- around station 15+00) at all times. Major Contract Items: No questions. Specialty Items: No questions. Fuel Adjustment: No questions. Minority and Women Business: The MBE goal was 5.0% and the WBE goal was 5.0%. The contractor achieved 0% for his MBE and achieved 7% for his WBE. The Contractor stated that they have submitted a Good Faith Letter. Prompt Payment: Contractor was reminded of the contractual requirement to pay all subcontractors and suppliers within seven days of receipt of monies from the Department. Partial Payments: All monthly estimates will be paid at the end of each month. Domestic Steel and Iron Products: The contractor was reminded that before any steel or iron product is incorporated into this project he shall furnish the Resident Engineers office a notarized certification certifying that the product conforms with the requirements of the special provision. Contractor Borrow and Waste Sites: The contract was informed that if he obtain a non-commercial site he would need to submit a reclamation plan. Plant Pest Quarantines: the contractor was made aware of the web site were the quarantine areas are listed. He was also reminded that it was his responsibility to certify.all his equipment if needed. Safety Vests: All Contractors' personnel, all subcontractors and their personnel, any material suppliers and their personnel must wear an OSHA approved reflective vest or outer garment at all times while on the project. The contractor has a company policy that requires their people to wear hard hats at all times, and has asked that the department do the same for this project. Traffic Control: The Department will be responsible for the erection and maintenance of all traffic control devices for the traffic barricades at the immediate site, which shall be, erected by the department and maintained by the contractor. Chad Hinnant will notify the schools, emergency services, and the Town of Wake Forest of the detour and detour route. Clearing And Grubbing: Method III, Std. 200.03 of the Roadway Standards will be used for Clearing and Grubbing on this project. Shoulder and Fill Slope Material: Chad Hinnant stated that proper pH level for shoulder material was critical to ensure proper vegetative growth. He asked that the contractor follow the specification out lined in contract. Drainage Structures: There are two new drainage structures to be constructed on this project. Tracy Parrott reminded the contractor to assure that the line and grade on the boxes was correct to eliminate the need of corbeling the boxes. The contractor stated that they were planning on using precast boxes. Asphalt Pavements - Superpave: The contractor stated that they were using Raleigh as their subcontractor for paving. Tracy Parrott reminded the contractor to make sure that their subcontractor was familiar with the specifications and special provision of this job and that they would need to a QMS technician on the job. The contractor was also reminded of the care in the placement, density requirements, surface requirements, and acceptance of all asphalt, which is outlined in pages 50 -53 of the contract. Also will need to get a State approved Job Mix Formula for all asphalt used on the project. Asphalt Binder for Asphalt Concrete: There will be no separate measurement or payment for asphalt binder required for asphalt concrete. Payment for various types of asphalt concrete will be full compensation for the asphalt binder required for each mix type. Guardrail Posts and Offset Blocks: No questions. Steel Beam Guardrail and Guardrail Anchor Units, Type 350: Contractor is reminded to perform installation in accordance with the details in the plans, and assembly instruction furnished by the manufacturer. Also the need to keep the assembly instruction for anchor units on the project. Construction of-Y]-: -Yl- is the only entrance to Pascal Golf Course, which is an active business and possibly has a residence on their facility. Contractor is reminded that the access to this business/residence will need to be maintained throughout the life of the project. It was discussed that the barricades on this end of the job need to be staggered to allow access to -YI- Prestressed Core Slab Bridge Construction: Drilled Piers - Contractor is reminded to handle the disposal of waste from the drilled shafts appropriately. Rick Nelson said that 3-day cylinders on shafts could be made if they are good the CSL tube could be grouted. Rick also mentioned that permanent steel casing might be needed, contractor will need to submit a price since there is no line item for this. The determination for the permanent casing will be when the shaft is drilled; there is a possibility that it will not be needed. Temporary steel casing may be an option but to careful with concrete overflow. Piles and Pile Hammer - the contractor submitted his pile hammer for approval. He plans on driving short lengths of pile to avoid contact with de-energized power lines. Reinforced Bridge Approach Fills - Bags of 78m stone are to be used around the drain tubes. Follow the Structure Plans during the construction of this Item. Cored Slabs - Contractor stated that they plan to set span 1 the conventionally and possibly launch the remainder of the spans. Construction Surveyi - Chad Hinnant stated that he had been informed that Balfour Beatty was planing on using SEPI Engineering Group to perform stakeout on the entire project. It was noted that there is not a pay item for construction surveying in this contract. Tim Daniels said that he had bid the project with the intent to use them for stake out and had combined it into the price for Line Item No. 2 Generic Grading. Tim also stated that SEPI was part of their WBE percentage. It was noted that the Department will conduct a 100% check on the structure stakeout and will stakeout the limits of the temporary rock causeway and were to place the highly visible fence for permit compliance. General Notes: Frank Price said that the Town of Wake Forest was planing on a sidewalk project to be constructed at the same time as this project. The Town of Wake Forest will need to seek permission for Balfour Beatty to come inside the construction limits of this project. This concluded the meeting. These minutes were prepared with the writer's understandnig and any errors or omissions in these minutes should be reported to the Resident Engineers Office for consideration. cc: T. N. Parrott, PE Balfour Beatty Rick Nelson, PE Katie Simmons Heather Montague Chris Murray Mike Summers Nikki Thomson, NCDWQ Jimmy Dennis, SEPI Engineering Group Eddie Wetherill, Wetherill Engineering Eric Keavouri, Town of Wake Forest Aaron Bower, City of Raleigh Utilities Michael Bray, Progress Energy Jamie Loy, Progress Energy Russell O'Berry, Sprint Inspector File STATE OF NORTH CAROLINA ?4? uE /!//f DEPARTMENT OF TRANSPORTATION , <006' Michael F. Easley P.O. BOX 25201, RALEIGH, N.C. 27611-5201 L?F tppett GOVERNOR SecretaW11VCi9 March 16, 2006 CONTRACT NO.: C201562 WBS ELEMENT: 37017 COUNTY: Wake DESCRIPTION: Bridge over Richland Creek and Approaches on SR 1930 (Stadium Dr) SUBJECT: Preconstruction Meeting Mr. Mark Johnnie Balfour Beatty 765 S. Kerr Ave. Wilmington NC, 28403 Dear Mr. Johnnie: This is to confirtwour telephone conversation scheduling a pre-environmental/pre-construction meeting. The meeting will be held on March 24, 2006 at 2:00 PM at the Youngsville Resident Engineer's Office located at: 5221A NC 96 Highway West Youngsville, NC 27596 Please provide a list of material suppliers, a letter of those authorized to sign supplemental agreements, and your proposed progress schedule at this meeting. If you have any questions, please advise. Sincerely Chad ant ASSITANT RESIDENT ENGINEER Cc: Ellis Powell; PE Jan Womble Aaron Bower, City of Raleigh Utilities J. G. Nance, PE Ron Moore .. Jamie Loy, Progress Energ ? T. N. Parrott, PE Joe Lockamy Don Gressydick, Time Warner Rick Nelson, PE Eric Alsmyer, USACE Dennis Jernigan, PE Travis Wilson, NC Wildlife Joey Hopkins, PE Nichole Thomson, Div. of Water Quality Chris Murray Eddie Wetherill, Wetherill Engineering Donald Pearson Mike Barton, Town of Wake Forest P. O. BOX 1018 YOUNGS VILLE, NORTH CARoLiNA 27596 Page 1 of 2 Nicole Thomson From: "Chad D Hinnant" <cdhinnant@dot.state.nc.us> To: "Nicole Thomson" <Nicole.Thomson@ncmail.net> Cc: "Alsmeyer, Eric C SAW" <Eric.C.Alsmeyer@saw02.usace.army.mil>; "Wilson, Travis W." <travis.wilson@ncwildlife.org>; "Chris Murray" <cmurray@dot.state.nc.us> Sent: Wednesday, March 15, 2006 1:39 PM Attach: cdhinnant.vcf Subject: Re: Bridge No. 133 over Richland Creek on SR 1930 in Wake County We can have the environmental precon in the beginning. As far as the length of the meeting I would think that we could finish by three. Directions to our office from Raleigh are to take US 1 North to the intersection of Hwy. 96, turn right onto Hwy. 96, office is less than a mile on the right. Chad Nicole Thomson wrote: > How long is this meeting proposed for? I have to be on the road by 3pm the > absolute latest (earlier if possible). I would also need directions from my > office in Raleigh, if possible. > Thanks. > Nikki > ----- Original Message ----- > From: "Chad D Hinnant" <cdhinnant@dot.state.nc.us> > To: "Alsmeyer, Eric C SAW" <Eric.C.Alsmeyer@saw02.usace.army.mil>; "Wilson, > Travis W." <travis.wilson@?ncwildlife.orq>; "Nicole Thomson" > <Nicole.Thomson@ncmail.net> > Cc: "Chris Murray" <cmurray@dot.state.nc.us> > Sent: Tuesday, March 14, 2006 3:20 PM > Subject: Bridge No. 133 over Richland Creek on SR 1930 in Wake County > > Good Afternoon, > > The above mention project is the bridge replacement over Richland > > Creek on Stadium Dr. in Wake Forest. Our contract on this > > project requires that we have an environmental pre-con before > > construction begins. The date of availability for this project > > is April 3, 2006. With this date in mind we are planning on > > having our pre-con on March 24, 2006 at 2:00 pm in the > > Youngsville Residents office. We would like to have our > > environmental pre-con at the same time. Please confirm if you 3/24/2006 Page 2 of 2 > > can make the this meeting on March 24, 2006. Thanks for your > > assistance. > > Chad Hinnant > > Asst. Resident Engineer 3/24/2006 WATER QG 7 r mill ~i 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 January 6, 2006 Wake County DWQ Project No. 052218 MA05001B APPROVAL of 401 Water Quality Certification and NEUSE RIVER RIPARIAN BUFFER AUTHORIZATION Dr. Gregory J. Thorpe, PhD., Manager Planning and Environmental Branch North Carolina Department of Transportation 1548 Mail Service Center Raleigh, North Carolina, 27699-1548 Dear Dr. Thorpe: You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of replacement of Bridge No. 133 over Richland Creek on SR 1930 (Stadium Drive) in Wake County. Stream Impact Table Site Stream Impacts - Temporary (linear feet) Stream Impacts - Permanent Fill (linear feet) Site 1 77 (fill) 60 Site 2 205 (dewatering) 205 Buffer Impact Table Site Allowable Zone 1 (s q. ft.) Zone 2 (s q. ft.) Site 1 4,893 2,884 Totals 7,777 The project shall be constructed in accordance with your application dated received on December 20, 2005. After reviewing your application, we have decided that the stream impacts and riparian buffer impacts described are covered by General Water Quality Certification Numbers 3495, 3404 and 3366. This certification corresponds to the Nationwide Permit 13, Nationwide Permit 14 and Nationwide 33 issued by the Corps of Engineers. This approval is also valid for the Neuse Buffer Rules (15A NCAC 2B .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, unless otherwise specified in the Water Quality Certification. This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change, you must notify the 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 of total impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h) (6) and (7). For this approval to remain valid, you must adhere to the conditions listed in the attached certification. No C Caro ne T;n Transportation Permitting Unit N?/VlltllCltI ?1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919-733-6893 / Internet: http://h2o.enr.state.nc.us/ncwetlands An Pnuol Onnndnnihi/Affirmotiva Antinn Fmnlnvar_ Fin% Rarvc1ar1/1n0/^ PoO r:nmimAr PAnP.r l.) Upon completion of the project, the NCDOT shall complete and return the enclosed "Certification of Completion Form" to notify DWQ when all work included in the 401 Certification has been completed. The responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the Division of Water Quality upon completion of the project. 2.) All stormwater runoff shall be directed to sheetflow through stream buffers at nonerosive velocities, unless approved otherwise by this certification. 3.) During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or riparian buffers. 4.) Riparian vegetation must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 5.) The dimension, pattern and profile of the stream above and below the crossing should not be modified by widening the stream channel or reducing the depth of the stream. Disturbed floodplains and streams should be restored to natural geomorphic conditions. 6.) Any riprap used must not interfere with thalweg performance and aquatic life passage during low flow conditions. 7.) 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. 8.) Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 9.) 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. 10.) There shall be no excavation from or waste disposal into jurisdictional wetlands or waters associated with this permit without appropriate modification of this permit. Should waste or borrow sites be located in wetlands or. stream, compensatory mitigation will be required since it is a direct impact from road construction activities. 11.) Heavy equipment must be operated from the banks rather than in the stream channel in order to minimize sedimentation and reduce the likelihood of introducing other pollutants into the stream. 12.) No live or fresh concrete shall come into contact with waters of the state until the concrete has hardened 13.) The presence of equipment in the channels must be minimized. Under no circumstances must rock, sand or other materials be dredged from the wetted stream channel under authorization of this permit, except in the immediate vicinity of the culverts. 14.) All work shall be performed during low or normal flow conditions. 15.) A copy of this Water Quality Certification shall be posted on the construction 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. w I if 16.) All 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 upon completion of the project construction. A post-construction as-built with the restoration activities included shall be submitted to, the DWQ no later than 60 days after the project is closed out by the Department of Transportation. 17.) Pursuant to NCAC15A 2B.0233(6) sediment and erosion control devices shall not be placed in Zone 1 of any Neuse Buffer without prior approval by the NCDWQ. At this time, the NCDWQ has approved no sediment and erosion control devices in Zone 1, outside of the approved project impacts, anywhere on this project. Moreover, sediment and erosion control devices shall be allowed in Zone 2 of the buffers provided that Zone 1 is not compromised and that discharge is released as diffuse flow. 18.) 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. 19.) The post-construction removal of any temporary bridge structures will need to return the project site to its preconstruction contours and elevations. The revegetation of the impacted areas with appropriate native species is required. 20.) If the old bridge is removed, no discharge of bridge material into surface waters is preferred. Strict adherence the Corps of Engineers guidelines for bridge demolition will be a condition of the 401 Water Quality Certification. 21.) This approval will expire with the accompanying 404 federal permit. This condition supercedes condition No. 15 in the General Certification 3495, condition No. 19 in the General Certification 3404 and condition No. 12 in the General Certification 3366. 'VI 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 Nicole Thomson at (919) 715-3415. ' cere y, ?f G an W. Klimek, P.E. JH/njt Attachment cc: Wilmington District US Army Corps of Engineers Mr. Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office Mr. Jon Nance, Division 5 Engineer, 2612 N. Duke Street, Durham, NC 27704 Mr. Chris Murray, Division 5 Environmental Officer, 2612 N. Duke Street, Durham, NC 27704 NC DWQ Raleigh Regional Office Central Files File Copy c:\Correspondence\2005BridgeProjects\DWQ052218\010306wgc.doc N Page 1 of 3 Nicole Thomson ocwe, - CD From: "Chris Murray" <cmurray@dot.state.nc.us> - $51 To: "Nicole Thomson" <Nicole.Thomson@ncmail.net> Cc: "Tracy N. Parrott" <tparrott@dot.state.nc.us>; "Michael Summers" <msummers@dot.state.nc.us>; "Michael J. Kneis" <mkneis@dot.state.nc.us>; "Chad D Hinnant" <cdhinnant@dot.state.nc.us> Sent: Monday, February 27, 2006 11:51 AM Attach: defang-l.binary Subject: Re: Bridge No. 133 over Richland Creek on SR 1930 in Wake Co. T' Nikki, I wanted to thank you very much for the prompt reply .... I unfortunately forgot to mention one other utility issue at the site. Part of this new project involves the removal of a portion of the existing roadway fill near the creek (i.e. we are expanding the hydrologic opening underneath the bridge deck by making the new spanning structure longer than the existing structure). The Department has to tie into the existing sewer line in the southwest quadrant, and we propose to do some excavation within this portion of the existing roadway fill that is going being removed. Please note, as stated above, that this work is being conducted within the fill limits of our existing transportation facility, and would therefore be viewed as "exempt" from the buffer rules. The attached drawing depicts the limits of the existing transportation facility (in green) that is to be removed as part of the new project. The centerline for the sewer line in this footprint is highlighted in yellow. As you can see, this work is. contained within the footprint of our existing transportation facility that will be removed during construction of this project. The work outlined in this email will not result in additional impacts to streams, wetlands or riparian buffers. I wanted to make sure that your agency is made aware of all utility issues on this project. Thank you for your assistance in this matter. Chris Murray Nicole Thomson wrote: Provided that the area impacted is revegetated after the work and that there are no jurisdictional impacts beyond what DOT is approved for, I don't see the need for a modification. Consider this email authorization to continue the activities as proposed. As always, please be sure that this change is reflected in the final as-builts submitted to this office once the project is closed. Thanks for the chance to comment.Nikki - Original Message ----- From: Chris Murray 2/27/2006 Page 2 of 3 r To: Nicole Thomson Cc: Tracy N. Parrott ; Michael Summers ; Michael J. Kneis ; Chad 0 Hinnant Sent: Friday, February 24, 2006 3:49 PM Subject: Bridge No. 133 over Richland Creek on SR 1930 in Wake Co. Nikki, Reference: DWQ Project No. 052218 (WQC dated 1/6/06) The Department is in the process of letting this project, and a utility line issue has recently become evident on the project. A water line has to be relocated on the north side of the project, just outside of the toe of fill. This relocation will involve excavation in the buffer to install the water line. The water line will be installed underneath Richland Creek utilizing typical bore and jack method. The excavation in the riparian buffer for the above-mentioned water line is entirely within our previously permitted riparian buffer footprint (see Sheet 1 of 3 in the NCDOT permit application dated 12/19/05). Therefore, this activity will not result in additional impacts to riparian buffers, streams or wetlands. Since this activity will not result in additional impacts, it does not seem that this will require a permit modification from your agency. I have attached a drawing that depicts the water line through the riparian buffer (note the yellow highlighted area on the drawing). Please let me know if you agree with my assessment of the issue outlined in this email. Thanks in advance for your assistance. Chris Murray WARNING: This e-mail has been altered by MIMEDefang. Following this paragraph are indications of the actual changes made. For more information about your site's MIMEDefang policy, contact MIMEDefang Administrator <access.denied@nc.gov>. For more information about MIMEDefang, see: http://www.roaringnenguin.com/mimedefang/enduser.phn3 An attachment named ' Image-02. JPG' was converted to ' defang-1. binary' . To recover the file, click on the attachment and Save As ' Image-02. JPG' in order to access it. WARNING!! IF THE BINARY YOU RECOVER IS A VIRUS, YOU MAY INFECT YOUR SYSTEM. 2/27/2006 Page 3 of 3 WARNING: This e-mail has been altered by MIMEDefang. Following this paragraph are indications of the actual changes made. For more information about your site's MIMEDefang policy, contact MIMEDefang Administrator <access.denied@nc.gov>. For more information about MIMEDefang, see: http://www.roaringpenguin.com/mimedefang/enduser.php3 An attachment named ' Image-03. JPG' was converted to ' defang-1. binary' . To recover the file, click on the attachment and Save As ' Image-03. JPG' in order to access it. WARNING!! IF THE BINARY YOU RECOVER IS A VIRUS, YOU MAY INFECT YOUR SYSTEM. 2/27/2006 image-03.jpg (JPEG Image, 700x962 pixels) file:///C:/temp/image-03. jpg PP{sPGSF 0 pry' y t f t I -PROGIRESS ENERGY R" ?'3 ! nW TRANSMISSION L€NES r' 11 ? i?Er ?? ?I Y PD I 47 W4 F MANHOLE 'A* RIM =. 10a L3 _0 `- IlV.IN = 84 INV. OUT 89,74 1 f '? ,1' f ?` t 1RIM T ?a.45 r FOU=` RATION FOR M RANSMISSON NV. IN 89.23 Wes. NO, . 37017 WAKE COUNTY STATION- 14+04.00 °L= REPLACES BRIDGE NO, 133 . - QES'A6t74fHT ? 7Rdf75PpgYAt3Ca1 ., . 7 u - . ADDITIONAL IMPACT TO SUFFER DUE TO 2; 0 SEWER RELOCAIION SCALE I, . S,.„ 1 of 2 2/27/2006 11:58 AM Nicole Thomson Page 1 of 1 V v vLU-- From: To: Cc: Sent: Attach: Subject: Nikki, "Chris Murray" <cmurray@dot.state.nc.us> "Nicole Thomson" <nicole.thomson@ncmail.net> "Tracy N. Parrott" <tparrott@dot.state.nc.us>; "Michael Summers" <msummers@dot.state.nc.us>; "Michael J. Kneis" <mkneis@dot.state.nc.us>; "Chad D Hinnant" <cdhinnant@dot.state.nc.us> Friday, February 24, 2006 3:49 PM defang- l.binary Bridge No. 133 over Richland Creek on SR 1930 in Wake Co. Reference. DWQ Project No. 052218 (WQC dated 1/6/06) 1419 ti The Department is in the process of letting this project, and a utility line issue has recently become evident on the project. A water line has to be relocated on the north side of the project, just outside of the toe of fill. This relocation will involve excavation in the buffer to install the waterline. The waterline will be installed underneath Richland Creek utilizing typical bore and jack method. The excavation in the riparian buffer for the above-mentioned water line is entirely within our previously permitted riparian buffer footprint (see Sheet 1 of 3 in the NCDOT permit application dated 12/19/05). Therefore, this activity will not result in additional impacts to riparian buffers, streams or wetlands. Since this activity will not result in additional impacts, it does not seem that this will require a permit modification from your agency. I have attached a drawing that depicts the water line through the riparian buffer (note the yellow highlighted area on the drawing). Please let me know if you agree with my assessment of the issue outlined in this email. Thanks in advance for your assistance. Chris Murray WARNING: This e-mail has been altered by MIMEDefang. Following this paragraph are indications of the actual changes made. For more information about your site's MIMEDefang policy, contact MIMEDefang Administrator <access.denied@nc.gov>. For more information about MIMEDefang, see: http://www.roaringpenguin.com/mimedefang/enduser.php3 An attachment named 'Image-02.JPG' was converted to 'defang-l.binary'. To recover the file, click on the attachment and Save As ' Image-02. JPG' in order to access it. WARNING!! IF THE BINARY YOU RECOVER IS A VIRUS, YOU MAY INFECT YOUR SYSTEM. 2/27/2006 image-02.jpg (JPEG Image, 700x962 pixels) file:///C:/temp/image-02.jpg IPPOSED 1V'L -DROGRESS ENERGY TPANSM6SSION LINES I PE)E I w? W - ?. R MANHOLE aA' ?? J` ?? FR11V = 105,00 a k s INV. IN = 89.94 fJ ? INV, OUT 89.74 rpoposFo 8* SS olum = 1E00.72 ,?+ !p Ott { f 4 ' PE?-V. IN 89 Lim tNV. f1UT 89'45 4 FOUNDATION FOR +??Pi?1C?LE 0' _. - TRANSMISSION T 1?d = =32 TOWER I'-IV.IN = 89.23 0 25 sc SCAU- :?O' WBS. NO. 37017 WAKg COLINTY STAY 1()N.__14-604.00 -L- REPLACES BRIOC tf DMOT-04t ac iit?it?, +aqt ty ADDITTONAL IMPACT TO BUFFER DUE TO SEWER RELOCATION ?l+tf?^•san.1P+VF?bNr F.: k 1 of 2 2/27/2006 8:05 AM .? / d,.a SiATfo STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY GOVERNOR December 19, 2005 U.S. Army Corps of Engineers Raleigh Regulatory Field Office 6508 Falls of the Neuse Road, Suite 120 Raleigh, NC 27609 Attention: Mr. Eric Alsmeyer NCDOT Coordinator ?os2zls LYNDO TIPPETT SECRETARY D& Subject: Proposed replacement of Bridge No. 133 over Richland Creek on SR 1930 Stadium Drive in Wake County; NC Moving Ahead Bridge Replacement Program, NCDOT Project No. MA05001B; WBS element 37017. Reference: USACE Action ID. 200421121 The North Carolina Department of Transportation (NCDOT) proposes to replace Bridge No. 133 over Richland Creek on SR 1930 (Stadium Drive) in Wake County with a new bridge structure (see Photographs 1 - 4, Figures 1-2, Permit Drawings Sheets 1-3). The referenced USACE Action ID. 200421121, was given for a Jurisdictional Determination dated 01/28/05 (see Appendix One for copy of notification of JD). The length of existing Bridge No. 133 is approximately 62 feet long and 30 feet wide. The existing bridge has vertical concrete abutments with wing walls and also five timber piers positioned along the eastern edge of the stream bank. One timber pier has a concrete footing. The project proposes to remove the existing bridge and replace it with a 130 feet bridge that is 54 feet wide, in the same location. The abutments will be removed and the old timber piers will be removed or sawed off at the mud line. The proposed bents for the new bridge will be out of the stream line at the top of the banks. However, due to the proximity of the new pilings to the stream edge, a temporary causeway will be necessary for the construction of bents 1 and 2. Additionally permanent rip rap armoring for bank stabilization will be necessary surrounding three of the proposed piles. The project also involves roadway approach improvements that will involve temporary and permanent impacts to a side channel (an unnamed tributary to Richland Creek). The total length of project improvements along SR 1930 are approximately 975 feet. , Division 5, 2612 N. Duke Street, Durham, NC 27704 Phone: (919) 560-6081 Fax: (919) 560-3371 2 The purpose of the project is to replace the structurally deficient bridge and to improve safety on SR 1930 as,it crosses Richland Creek. The proposed project will reduce the potential for accidents 'since the proposed replacement bridge will be of greater structural integrity than the existing bridge structure. Currently, Bridge No. 133 has a sufficiency rating of 42.3 out of 100. Impacts to Waters of the United States Site 1- Waters of the U.S.: Since the replacement structure is a spanning structure, minimal impacts are proposed to Richland Creek (NCDENR-DWQ Index No. 27-21, Best Usage Classification CNSW, HUC 03020201) in the Neuse River Basin. The construction of the bridge will require the use of temporary rock causeways consisting of Class II Rip Rap (see permit drawing sheet 2 of 3). The resulting temporary surface water fill will be 300 ft'- (0.07 acre) for the western causeway and 500 ft'` (0.011 ac) for the eastern causeway. The temporary surface water fill resulting from the construction of the causeways will probably be in place for less than twelve (10) months. After the temporary causeways are no longer needed, the contractor will use excavating equipment to remove all material within jurisdictional areas. Additionally permanent rip rap armoring for bank stabilization will be necessary at 3 of the new bridge piles due to the proximity of these piles to the stream edge (see permit drawing 2 of 3). Permanent impacts associated with this bank stabilization totals 20 ft at each of 3 piles, 60 ft (0.001 ac) of surface water impacts. Site 2 - Waters of the U.S.: Roadway approach improvements within the northeastern quadrant of the project will necessitate the realignment of 205 ft of a side channel-an unnamed tributary to Richland Creek (see permit drawing 3 of 3). A natural stream design is not being used in this instance since it was determined by an onsite meeting with the USACE that this side channel was too degraded to use as a restoration site. Therefore, a base channel is proposed with a 5 ft berm between the top of bank and toe of fill from the proposed road. The proposed channel would have a slope of about 2% to 3% with about 60 acres of downtown Wake Forest draining to it. The 10-yr velocity is about 6 ft/sec, which is too fast for a grassed-lined channel. The existing channel is incised about 10 - 15 ft and is contributing heavy sediment loads to Richland Creek. Therefore, the NCDOT proposes to rip rap the relocated channel to dissipate some of the energy that is moving the sediment. Please note that the lateral base ditch detail on the plan sheets of the attached drawings represents where the full typical is used, -L- STA. 16+50 LT to 17+50 LT. The 5 ft berm and entire ditch will be built as the stations say, with the transition from the existing channel to the detail involving additional impacts of 55 ft on the western end and 50 ft on the eastern end of this realigned channel. The entire work is being counted in the stream impact of 205 ft reported in the attached pre- construction notification form. Additionally, the Site 2 work zone will be temporarily dewatered during the construction of the base ditch. This will involve the temporary placement of sheet piling and/or sandbags at the upstream and downstream construction limits of the channel realignment. Once the stream has been dewatered, the base ditch will be constructed. To maintain water flow during construction, water upstream of the realigned channel will be temporarily pumped out and conveyed around downstream of the realigned channel. Temporary concurrent impacts to the side channel from this activity will result in dewatering 205 linear feet of stream. The material used for used for dewatering will be removed after construction. 3 Riparian Buffer Site 1 - Buffers: The maintenance activities at this sites involve a bridge crossing of a stream that is subject to the Neuse River Buffer Rules (see permit drawing sheet 1 of 3). Richland Creek is depicted on the most recent version of the Wake Forest (USGS 1967/1987) topographic quadrangle (Figure 1) and the Soil Survey of Wake County (USDA-SCS, 1970) (Figure 2). [Please note that the unnamed tributary to Richland Creek within the northeastern quadrant of the project is not depicted on either of these maps.] Buffer impacts related to the bridge replacement activities adjacent to Richland Creek total 4,892.9 ft'- in Zone 1 and 2,883.6 ft in Zone 2 [totaling 7,776.5 ft2 (0.18 acres)]. All practicable measures to minimize impacts within buffer zones were followed. Measures used to minimize impacts to the buffer zone include using the current alignment. According to the buffer rules, impacts associated with bridges are ALLOWABLE. Temporary erosion control measures will be placed within the permitted footprint of this project. Waters of the U.S. Mitigation Avoidance: The existing bridge will be replaced in place with a longer bridge. SR 1930 will be closed during construction eliminating the need for an onsite detour. No bents will be placed in the water and no deck drains are proposed over the creek or riparian buffers. Additionally two items were considered for avoiding impacts to the side channel. The first consideration was an alignment shift south of the existing alignment to avoid this tributary. This shift would impact transmission lines and a tower. Costs to raise and relocate the tower and power lines have been estimated between $75,000 and $100,000. This shift would also increase the project length and lead to more land disturbance. The second item considered was the use of a retaining wall along the existing tributary. This would cost approximately $240,000. The wall would be about 200 ft long and 15 ft high. Because of the cost of these considerations, it was determined to utilize a channel change of 205 ft. Minimization: The construction of this project has minimized the extent of the built-upon area by using the existing alignment for new construction. The proposed replacement structure over Richland Creek will not have piers, bents, or footings in the stream and will not have deck drains over the creek or over the riparian buffers. Compensatory MVof Surface water imft to the tributary to Richland Creek is proposed w ith this project. Howevemeeting between consultant engineers (Sungate Design Group, P.A.) and confirmed that this channel is highly degraded and did nothave significant refore, no compensatory mitigation is proposed for these impacts. 4 , Protected Species Plants and animals with federal classifications of Endangered, Threatened, Proposed Endangered, and Proposed Threatened are protected under provisions of Section 7 and Section 9 of the ESA. As of January 29, 2003, there are four federally protected species listed for Wake County. They include bald eagle (Haliaeetus leucocephalus), red-cockaded woodpecker (Picoides borealis), Michaux's sumac (Rhus michauxii), and dwarf wedgemussel (Alasmidonta heterdon). Stadium Drive is not adjacent to nor is it surrounded by open water suitable of supporting foraging habitat for the bald eagle. The combination of dense stands of mixed hardwood and the cleared area for the powerline right- of-way surrounding this roadway does not offer suitable forging or nesting habitat for red- cockaded woodpecker. Also, the roadway shoulders of Stadium Drive are heavily maintained, eliminating the possibility for Michaux's sumac to exist in the project area. Additionally, a review of the Natural Heritage Program database (last updated November 2005) revealed no occurrences of Michaux's sumac, red-cockaded woodpecker, or bald :eagle within the project area. Therefore, based on lack of suitable habitat observed during the site visits and the NHP database review, biological conclusions of No -Effect have been rendered for each of these species. Richland Creek was surveyed for dwarf wedgemussel by the Catena Group on 10/17/03. Biologists found the habitat within the project area degraded by high sediment loading. Their survey report documented that it was apparent that mussel fauna, including dwarf wedgemussel does not occur within the reach of Richland Creek. Therefore, based on lack of suitable habitat observed during the survey, a biological conclusion of May Affect-Not Likely to Adversely Affect has been rendered for the dwarf wedgemussel. NCDOT received concurrence from the U.S. Fish and Wildlife Service on this conclusion dated December 8, 2005 (see Appendix Two for survey report and USFWS concurrence letter). Historical Compliance This project has been screened by all pertinent parties to ensure historic compliance. Summary The NCDOT proposes to replace Bridge No. 133 over Richland Creek on SR 1930 (Stadium Drive) in Wake County with new bridge structure on the same alignment. SR 1930 will be closed during construction. Temporary impacts of 0.081 ac are proposed to Richland Creek associated with the use of temporary rock causeways. The material used for the causeway will be removed they are no longer needed. Additionally permanent impacts associated with bank stabilization total 60 ft (0.001 ac) to Richland Creek. Also permanent impacts of 205 ft are proposed to a tributary to Richland Creek are proposed, as well as temporary concurrent dewatering impacts. Since this side channel is degraded and has not significant function, no compensatory mitigation is proposed for these impacts. Additionally, impacts to adjacent riparian buffers of Richland Creek are proposed. According to the buffer rules, impacts associated with bridges are ALLOWABLE. fi 5 r Application is hereby made for a Department of the Army Section 404 Nationwide Permit (NWP) 14 (roadway crossing), NWP 33 (temporary causeways in the mainstem and dewatering at the side channel), and NWP 13 (bank stabilization); and NCDENR- DWQ Section 401 Water Quality Certification (WQC) No. 3404, WQC No. 3366, and WQC No. 3495 for above-described activities. An automated payment procedure has been implemented between the NCDOT and NCDWQ. This procedure will enable the Division to apply for the 401 WQC without submitting a check for this permit application. This procedure will provide payment to the NCDWQ by charging the permit application fee of V directly to the appropriate NCDOT WBS element 37017. A pre-construction notification (pages 1-9) and permit drawings (sheets 1-3) are attached with this request. If you have any questions or need additional information, please contact Mr. Chris Murray at (919)560-6081. Sincerely, . gar, Jbon G. Nance, P.E. Division Engineer cc: Ms. Nicole Thomson, NCDWQ Mr. Travis Wilson, NCWRC Mr. Tracy Parrott, NCDOT Mr. Chris Murray, NCDOT Ms. Katie Simmons, NCDOT Mr. Dallie Bagwell, NCDOT Mr. Mike Summers, NCDOT Mr. Mike Kneis, NCDOT Office Use Only: Form Version March 05 USACE Action ID No. DWQ No. 2 0 0 5 2 2 1 8 (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: NWP 14, 33, and 13 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 1. Owner/Applicant Information Name: NCDOT Division 5 Jon G. Nance Mailing Address: 2612 N. Duke St. Durham NC 27704 Telephone Number: (919) 560-6851 Fax Number: (919) 560-3371 E-mail Address: JNance(a dot.state.nc.us 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: Fax Number: E-mail Address: Page 1 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 project: Proposed replacement of Bridge No. 133 over Richland Creek on SR 1930 (Stadium Drive) in Wake County. 2. T.I.P. Project Number or State Project Number (NCDOT Only): NCDOT Project No. MA0500113: WBS element 37017. 3. Property Identification Number (Tax PIN): N/A 4. Location County: Wake Nearest Town: Wake Forest Subdivision name (include phase/lot number): N/A Directions to site (include road numbers/names, landmarks, etc.): From Raleigh_ take Capital Blvd north to Wake Forest. Make a right off US 1 (Capital Blvd) onto SR 1930 (Stadium Drive) and travel east approximately 0.7 miles to project site. 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): Site 1, at Br. No. 133 over Richland Creek 35.9846 ON 78.5199 °W Site 2, at side channel UT to Richland Creek 35.9846 °N 78.5196 °W 6. Property size (acres): approximately 2.2 acres 7. Name of nearest receiving body of water: Richland 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/.) Page 2 of 9 N, 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Existing land uses along SR 1930 are primarily urban and residential. 10. Describe the overall project in detail, including the type of equipment to be used: The North Carolina Department of Transportation (NCDOT) proposes to replace Bridge No. 133 over Richland Creek on SR 1930 in Wake County with a new bridge structure. The existing bridge is approximately 62 ft x 30 ft. The project proposes to remove the existing bridge and replace it with a 130 ft x 54 ft bridge in the same location. The proposed bents for the new bridge will be out of the stream line at the top of the banks. However, due to the proximity of the new pilings to the stream edge, a temporary causeway will be necessary for construction of each bent. Additionally permanent rip rap armoring for bank stabilization will be necessary surrounding three of the proposed piles. Improvements to the roadway approaches will require the realignment of a 205 ft section of a tributary to Richland Creek into a rip rap lined base ditch. Temporary dewatering will be necessary here so that the realignment can be performed with dry working conditions. The total project improvement length along SR 1930 is approximately 975 feet. This section of SR 1930 will be closed during construction. Equipment may include excavator, backhoe, bulldozer, grader, and crane. 11. Explain the purpose of the proposed work: The purpose of the project is to improve safety on SR 1930 as it crosses Richland Creek in Wake County. The proposed project will reduce the potential for accidents since the proposed replacement bridge will be of greater structural integrity than the existing bridge structure. IV. Prior Project History V. 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. Action ID. 200421121, Jurisdictional Determination dated 01/28/05 (see attached for copy of notification of JD). VI. 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. Page 3 of 9 VII. 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. Provide a written description of the proposed impacts: Permanent Impacts: Construction of the replacement bridge -will -have 60 ft (0.001 ac) of permanent impacts to Richland Creek Additionally, improvements to the approaches at Site 2 will result in 205 feet of realignment to a side channel (an unnamed tributary to Richland Creek). Temporary Imapcts: Construction of the new bridge piles will require the use of temporary rock causeways at Site 1. Additionally, the Site 2 work zone will be temporarily dewatered for during the construction of the base ditch This will involve the temporary _placement of sheet piling and/or sandbags upstream and downstream of the channel realignment. Once the stream has been dewatered the base ditch will be constructed. To maintain water flow during construction water upstream of the realigned channel will be temporarily pumped out and conveyed around downstream of the realigned channel. Temporary concurrent impacts to the side channel from this activity will result in dewatering 205 linear feet of stream. All material used for used for causeways and for dewatering will be removed after construction. 1. 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 Type of Wetland Located within Distance to Area of Site Number Type of Impact (e.g., forested, marsh, 100-year Nearest Impact (indicate on map) herbaceous, bog, etc.) Floodplain Stream (acres) (yes/no) linear feet) N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A Total Wetland Impact (acres) N/A 2. List the total acreage (estimated) of all existing wetlands on the property: NONE 3. 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, Page 4 of 9 Dec-20-2005 10:49 From-DIV 5 919-560-3371 T-019 P.002/003 F-061 plans and profiles showing the linear footprint for must be included. To calculate acreage, multi 1 lent Stream Impact Percnnial or Number Stream Name Type of Impact lutermittent? ndicate on map) both the original and relocated streams ;th X width, then divide by 43,560. Average impact Length Area of Stream Width impact Before impact (linear feet) (acres) Site 1 Richland Crk za stabilization perennial 2.0 60 (20ft at 3 piles) 0.001 2 0 77 -temp Temporary fill erennial p . (2?It for W CW 0.081 Site 1 Richland Crk for causeways and 50fl for s CW) Site UT Fill/realignment intermittent 2.0 205 0.01 Richland Crk E 0 2 205 -tem 01 0 E { Temp . p . iand Crk dewaterittg intermittent concurrent 342 concurrent 0092 Total Stream Im pact (by length and acreage) 4, 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, fl drainage, bulkheads etc. Bred in , oodin , O en Water Impact Type of Waterbody Area of p Name p Waterbody Type of Impact (lake, pond, estuary, sound, bay, Impact Site Number (?f applicable) ocean, etc. acres (indicate on ma ) N/A NIA N/A N/A N/A NIA N/A NIA N/A NIA Total Open Water Impact (acres) ILIA 5. :(,ist the cumiStrem impact all Waters of the U.S. resultin from the pro' Streal0.092 Wetl: NONE en re NONE Total of the U.S. acres) 0.042 Total inear feet): 342 b. Isolated Waters Do any isola ted 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. NiA 7, fond 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 page 5 of 9 DEC-E0-2005 TUE 10:42 TEL:9197336893 NAME:DWQ-WETLANDS P. 2 Dec-20-2005. 10:50 From-DIV 5 919-560-3371 T-019 P.003/003 F-061 Describe the method of construction darn /embankment, excavation, installation of n draw-down valve or spillway, etc.): N/A Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): N/A Current land use in the vicinity of the pond: N/A Size of watershed draining to pond: N/A Expected pond surface area. N/A VillL. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. Avoidance, The existin bride will be re. laced in lace with a lon er bzid e. SR 1930 will be closed durin construction eliminatin the need for an onsite detour. No bents will be laced iu the water and no deck drains are ro osed over the creek or riparian buffers. Also two items were considered fox avoidin im acts to the side channel. The first consideration was an a1i 7nrnent shift south of the existing ali meat to avoid this tribute, This shift would impact transmission lines and a tower. Costs to raise and relocate the tower and ower lines have been estimated between 75 000 and 100 000. This shift would also increase the ro'ect len th and lead to wall alon, the more land disturbance. The second item considered was the use of a retaining existing tributary. This would cost approximate) 2.40 000. The wall would be about 200 ft lon r and 1 S ft hi h. Because 'the cost of these considerations it was determined to utilize a channel change of 205. ft. Minimization: The construction of this project has minimized the extent of the built-u on area b usin the existin a1i rnent for new construction. The TO osed r lacement structure over Richland Creek will not have iers bents or footin s in the stream and will not have deck drains over the creek or over the riparian buffers. NCDOT will implement best mane ement ractices for the protection of surface waters in accordance with the most recent version of the 'North Carolina Sediment and Erosion Control Plannin and Desi Manual" durin desi n and construction phases of theproj_ect. Page 6 of Q DEC-20-2005 TUE 10:42 TEL:9197336893 NAME:DWQ-WETLANDS IX. 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 hLtp:Hh2o.enr.state.nc.us/newetlands/strmgide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. Surface water impacts of 205 ft to the tributary to Richland Creek is proposed with this project However, an onsite meeting between consultant engineers (from Sungate Design Group P.A.) and the USACE confirmed that this channel is highly degraded and did not have significant function Therefore no compensatory mitigation is proposed for these impacts No compensatory mitigation is offered for the temporary impacts associated with the rip rap causeways. 1. 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 website at http://h2o.enr.state.nc.us/w!p/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Page 7 of 9 Amount of stream mitigation requested (linear feet): N/A Amount of buffer mitigation requested (square feet): N/A Amount of Riparian wetland mitigation requested (acres): N/A Amount of Non-riparian wetland mitigation requested (acres): N/A Amount of Coastal wetland mitigation requested (acres): N/A 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 ? XI. 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 213 .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. V Yes ® No ? 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. Site 1- Br. 133 (Richland Creek) Zone* (s uarpe feet) Multiplier Mitig ton 1 4,892.9 3 (2 for Catawba) 2 2,883.6 1.5 Total 7,776.5 * Zone I 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 8 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 XII. 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. There is approximately 0.44 acre existing impervious surface within the 2.2 acres project site. XIII. 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. This project will not generate wastewater. XIV. 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 XV. 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: This maintenance project will not result in additional development. XVI. 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). tLw0 17 l9- os- Q Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 9 of 9 1*4 ?y xi/ Photograph 1. View from downstream of bridge. .3- 1 - f J J q'.r A Photograph 2. View from underneath the bridge, looking west. Bridge # 133 over Richland Creek on SR 1930 (Stadium Drive) in Wake County. 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Quad: NOTIFICATION OF JURISDICTIONAL DETERMINATI Property Owner/Agent: NCDOT - Division of Highwavs Address: Attn: Gregory J. Thorpe, Ph.D., Dir., PDEA 1548 Mail Service Center ' 11~ Raleigh, NC 27699 q Telephone No.: (919) 733-7844, ext. *237c? Property description: r.? Size acres n/a Nearest Town Wake Forest Nearest Waterway Richland Creek River Basin Neuse USGS HUC 03020201 Coordinates N 35.984565 W 78.51987 Location description Study area for bridge replacement of BR 133 (MA05001B) as shown on the attached drawings. Indicate Which of the Following Apply: Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. X There are waters of the U.S. including wetlands on the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. We strongly suggest you have the wetlands on your project area delineated. Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps. X The waters of the U.S. including wetland on your project area have been delineated and the delineation has been verified by the Corps. We•strcreste??-live t#is dpliueat}on>> "4-[J rvey r Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. _ The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on . Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the. date of this notification. The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Wilmington, NC, at (910) 395-3900 to determine their requirements. Page 1 of 2 REDEI'IED FEB 3 2005 GI`JlS?04 OF 41GHWAYS PDR-OFFICE GF PiATUM' EN E Action ID. 200421421 Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311): If you have any questions regarding this determination and/or the Corps regulatory program, please contact Eric Alsmeyer at (919) 876-8441, ext. 23. Basis For Determination: The study area contains stream channels of Richland Creek and an unnamed tributary, tributaries of the Neuse River, with indicators of ordinary high water marks Remarks: Corps Regulatory Official: Date 01/28/2005 Expiration Date 01/28/2010 Corps Regulatory Official (Initial): FOR OFFICE USE ONLY: • A plat or sketch of the property and the wetland data form must be attached to the file copy of this form. • A copy of the "Notification Of Administrative Appeal Options And Process And Request For Appeal" form must be transmitted with the property owner/agent copy of this form. • If the property contains isolated wetlands/waters, please indicate in "Remarks" section and attach the "Isolated Determination Information Sheet" to the file copy of this form. Copy furnished (with drawings): Mr. Charles Musser, Jr. Sungate Design Group, PA 915 Jones Franklin Road Raleigh, NC 27606 Page 2 of 2 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: NCDOT BR 133 ( 50010 File Number: 200421121 Date: 01/28/2005 At tached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at http://www.usace.army.mil/inet/functions/cw/cecwo/reg or Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that. the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for our reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received b the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision If you only have questions regarding the appeal process you and/or the appeal process you may contact: may also contact: Eric Alsmeyer Mr. Michael Bell, Administrative Appeal Review Officer Raleigh Regulatory Field Office CESAD-ET-CO-R US Army Corps of Engineers U.S. Army Corps of Engineers, South Atlantic Division 6508 Falls of the Neuse Road, Suite 120 60 Forsyth Street, Room 9M15 Raleigh, North Carolina 27615 Atlanta, Georgia 30303-8801 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation,. and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant or agent.. DIVISION ENGINEER: Commander U.S. Army Engineer Division, South Atlantic 60 Forsyth Street, Room 9M15 Atlanta, Georgia 30303-3490 i n oq v [( K•-tJ v j 4, wkita i IN. arm. tlV ^vQlf Course •? Wake 11111"n, It Chi' ,,? ? •??? - ? tom, L'I9? ` '9 ? ,• ??? ? :?, , - '? i , ?\\?a ? + ; S ?? ?a\ ??? ?• ' it ? ' ?- ? ,v.' ? • ?/ ..,, a `v?. ,'.` ` `\\ •? \1i??e %isp _ ._.. ? ?.• P 4 \?p i'??:? 1 X r• 's•e?s4-. :-.• .1//'?,?'ir?, _?f?-=? - ?y?y'?. ? j ? •;?? ; I fir- ? '?:_f"?- 5 ?I ??????/?? ? iii ? , ??`•.??%? "`1",'1 J' ?% :? `- .i•ak- n 1 j ? y. I? ' ?''\+• . ?, •,,?? ?%?'?l` I? 7 ?F? - Cry. :rl ?.!J? ? .1•• ,) •••,•i •, ? .O`' t 1919' JI/ -^J / ?,, r•, ??L? • ••..--,??.'• .-,::5< .:•._ 1 /iii -?/'? _ _``: x •\• ?, ?t?43_ n•i, '.;5? ; may) I ?,i ? •.y . , ? .? i ? ?y` ?? i- r? ? ',;1 a ?:, ? 1 3 ? ? ? ? ? "' ' .1? ?,? 1f 1 /? i • t' ? ? - _?1 _ ?? • it ? J `?? ?\???_>??' 't'I."/ //d Jj '\; t ,- /'. %r : r,?. c k 4 ? ? 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W C7 m ca N 0` W^ U..ON r? r' A W U w Y?`y`'t Cx7 Appendix Two (Freshwater Mussel Survey Report with USFWS concurrence The Catena Group Freshwater Mussel Survey SR 1930 over Richland Creek Wake County North Carolina Prepared For: Earth Tech 701 Corporate Center, Suite 475 Raleigh, NC 27607 Prepared By: The Catena Group Hillsborough, North Carolina February 25, 2004 410-B Millstone Drive Hillsborough, NC 27278 (919) 732-1300 s INTRODUCTION The North Carolina Department of Transportation proposes to replace the bridge over Richland Creek on SR 1930 (West Stadium Drive) in northern Wake County, North Carolina (Figure 1). Richland Creek occurs within the Neuse River Basin. The federally endangered dwarf-wedge mussel (Alasmidonta heterodon) is listed by the US Fish and Wildlife Service (USFWS) as occurring in Wake County. In addition to the dwarf-wedge mussel, there are several other rare freshwater mussel species known to occur in the Neuse River Basin. These include the Atlantic pigtoe (Fusconaia masoni), yellow lance (Elliptio lanceolata), yellow lampmussel (Lampsilis cariosa), the green floater (Lasmigona subviridis), triangle floater (Alasmidonta undulata), creeper (Strophitus undulatus), eastern lampmussel (Lampsilis radiata), Roanoke slabshell (Elliptio roanokensis) and the notched rainbow (Villosa constricta). The Atlantic pigtoe, yellow lance, yellow lampmussel, and green floater are Federal Species of Concern and are considered Endangered in North Carolina. The triangle floater, creeper, eastern lampmussel and Roanoke slabshell are considered Threatened in North Carolina and the notched rainbow is considered Special Concern. WATERS IMPACTED: Richland Creek The proposed project will impact Richland Creek, which arises approximately 4 miles upstream of the crossing southwest of Youngsville, NC. Richland Creek flows southwest into the Neuse River approximately 4 miles downstream of the project crossing. The stream channel in the surveyed area is approximately 5 meters (15 feet) in width, with 2.5 meter (7.5 foot) high streambanks. The streambanks show signs of significant erosion and undercutting throughout the surveyed reach. The substrate within the stream is predominately composed of unconsolidated sand. SPECIES DESCRIPTION Alasmidonta heterodon (dwarf-wedge mussel) Status: Endangered Family: Unionidae Listed: March-14-1990 Characteristics The dwarf-wedge mussel (Alasmidonta heterodon) (DWM) was originally described as Unio heterodon (Lea 1829). Simpson (1914) subsequently placed it in the genus Alasmidonta. Ortmann (1914) placed it in a monotypic subgenus Prolasmidonta, based on the unique soft-tissue anatomy and conchology. Fuller (1977) believed the TCG - Freshwater Mussel Survey SR 1930 over Richland Creek, FFrankifin-bounty, NC W`.. ' IU6 , c f } r f ?/ L rj r 1 • Y y :r ,.,,,,, i of 1..,s r- , n ??.:" ''ti,.- c? ..?.. d ? - t ' ? r ? Al ,ti, f . } ? .,r?4{ ? ? ? ?? i - i ? - <. - ? ' x r l L V ?l 1 r i f ?? - , r 4 ! c t y ? • }- r ', `r? ;~ - / ? ' f '` .. ? ?? ?- ? , • ; ~ • , - ? • Aim ' _ { C, r 1 ? ? f ? FI ? ,r t f ?? r I 11 01 The Project Location () Date: March 2004 Figure Catena SR 1930 (West Stadium Drive) over scale: G C O up Richland Creek As Shown Wake County, North Carolina Job No.: 19 30 e ? characters of Prolasmidonta warranted elevation to full generic rank and renamed the species Prolasmidonta heterodon. Clarke (1981) retained the genus name Alasmidonta and considered Prolasmidonta to be a subjective synonym of the subgenus Pressodonta (Simpson 1900). The specific epithet heterodon, refers to the chief distinguishing characteristic of this species, which is the only North American freshwater mussel that consistently has two lateral teeth on the right valve and only one on the left (Fuller 1977). All other laterally dentate freshwater mussels in North America normally have two lateral teeth on the left valve and one on the right. The DWM is generally small, with a shell length ranging between 25 mm and 38 mm. The largest specimen ever recorded was 56.5 mm long, taken from the Ashuelot River in New Hampshire (Clarke 1981). The periostracum is generally olive green to dark brown; nacre bluish to silvery white, turning to cream or salmon colored towards the umbonal cavities. Sexual dimorphism occurs in DWM, with the females having a swollen region on the posterior slope, and the males are generally flattened. Clarke (1981) provides a detailed description of the species. Little is known about the reproductive biology of the DWM; however nearly all freshwater mussel species have similar reproductive strategies, which involves a larval stage (glochidium), that becomes a temporary obligatory parasite on a fish. Many mussel species have specific fish hosts, which must be present to complete their life cycle. Based upon laboratory infestation experiments, Michaelson (1993) determined that potential fish hosts for the DWM in North Carolina include the tesselated darter (Etheostoma olmstedi) and the Johnny darter (E. nigrum). Pennak (1989) should be consulted for a general overview of freshwater mussel reproductive biology. Distribution and Habitat Requirements The historic range of the DWM was confined to Atlantic slope drainages from the Peticodiac River in New Brunswick, Canada, south to the Neuse River, North Carolina. Occurrence records exist from at least 70 locations, encompassing 15 major drainages, in 11 states and 1 Canadian Province (USFWS 1993). It is currently believed to have been extirpated from all but 36 localities, 14 of them in North Carolina (USFWS 1993). Strayer et al. (1996) conducted range-wide assessments of remaining DWM populations, and assigned a population status, to each of the populations. The status rating is based on range size, number of individuals and evidence of reproduction. Seven of the 20 populations assessed are considered "poor", and two others are considered "poor to fair" and "fair to poor" respectively. In North Carolina populations are found in portions of the Neuse and Tar River basins The DWM inhabits creeks and rivers of varying sizes (down to approximately 6 feet wide), with slow to moderate flow. A variety of preferred substrates have been described that range from coarse sand, to firm muddy sand to gravel (USFWS 1993). In North Carolina, they often occur within submerged root mats along stable streambanks. The wide range of substrate types used by this species suggests that the stability of the substrate is likely as important as the composition. TCG - Freshwater Mussel Survey SR 1930 over Richland Creek, Franklin County, NC 1.,J e ,<. Threats to Species The cumulative effects of several factors, including sedimentation, point and non- point discharge, stream modifications (impoundments, channelization, etc.) have contributed to the decline of this species throughout its range. With the exception of the Neversink River population in New York, which has an estimated population of over 80,000 mussels, all of the other populations are generally small in numbers and restricted to short reaches of isolated streams. The low numbers of individuals and the restricted range of most of the surviving populations make them extremely vulnerable to extirpation from a single catastrophic event or activity (Strayer et al. 1996). Catastrophic events may consist of natural events such as flooding or drought, as well as human influenced events such as toxic spills associated with highways or railroads. Siltation resulting from improper erosion control of various land usage, including agricultural, forestry and development activities has been recognized as a major contributing factor to degradation of mussel populations (USFWS 1996). Siltation has been documented to be extremely detrimental to mussel populations by degrading substrate and water quality, increasing potential exposure to other pollutants, and by direct smothering of mussels (Ellis 1936, Marking and Bills 1979). Sediment accumulations of less than one inch have been shown to cause high mortality in most mussel species (Ellis 1936). In Massachusetts, a bridge construction project decimated a population of DWM, because of accelerated sedimentation and erosion (Smith 1981). . Sewage treatment effluent has been documented to significantly affect the diversity and abundance of mussel fauna (Goudreau et al. 1988). Goudreau et al. (1988) found that recovery of mussel populations may not occur for up to two miles below points of chlorinated sewage effluent. The impact of impoundments on freshwater mussels has been well-documented (USFWS 1992a, Neves 1993). Construction of dams transforms lotic habitats into lentic habitats, which results in changes with aquatic community composition. The changes associated with inundation adversely affect both adult and juvenile mussels as well as fish community structure, which could eliminate possible fish hosts for glochidia. Muscle Shoals on the Tennessee River in northern Alabama, once the richest site for naiads (mussels) in the world, is now at the bottom of Wilson Reservoir and covered with 19 feet of muck (USFWS 1992b). Large portions of all of the river basins within the DWM's range have been impounded and this is believed to be a major factor contributing to the species decline (Master 1986, USFWS 1993). The introduction of exotic species such as the Asiatic clam (Corbicula fluminea) and zebra mussel (Dreissena polymorpha) has also been shown to pose significant threats to native freshwater mussels. The Asiatic clam is now established in most of the major river systems in the United States (Fuller and Powell 1973), including those streams still supporting surviving populations of the DWM. Concern has been raised over competitive interactions for space, food and oxygen with this species and native mussels, TCG - Freshwater Mussel Survey 4 SR 1930 over Richland Creek, Franklin County, NC F f possibly at the juvenile stages (Neves and Widlak 1987, Alderman 1997). The zebra mussel, native to the drainage basins of the Black, Caspian and Aral Seas, is an exotic freshwater mussel that was introduced into the Great Lakes in the 1980s and has rapidly expanded its range into the surrounding river basins, including those of the South Atlantic slope (O'Neill and MacNeill 1991). This species competes for food resources and space with native mussels, and is expected to contribute to the extinction of at least 20 freshwater mussel species if it becomes established throughout most of the eastern United States (USFWS 1992 b). The zebra mussel is not currently known from any river supporting DWM populations (USFWS 1993). SURVEY EFFORTS Richland Creek is a perennial stream that could provide potential habitat for the dwarf-wedge mussel, and thus surveys for this and other freshwater mussel species were conducted for NCDOT. Pre-survey Investigation Prior to conducting in-stream surveys, a review of any survey work that had taken place in the Richland Creek drainage was performed. Sources consulted include the North Carolina Natural Heritage Program (NHP) systematic inventory (database) of rare plant and animal species, and the North Carolina Wildlife Resources Commission. The pre-survey searches revealed no records of rare freshwater mussel species in Richland Creek within 1 mile of the existing crossing. Mussel Surveys for this Project Tim Savidge and Sarah Luginbuhl of the Catena Group, Inc. and Ron Johnson of Earth Tech, Inc. visited Richland Creek on October 17, 2003. Mussel surveys were conducted from a point approximately 400 meters downstream of the project crossing to a point approximately 100 meters upstream. Methodology and Results Visual (using batiscopes) and tactile methods were used to survey for mussels. Water clarity was good during the site visit. Water level ranged from less than 6 inches to 4.0 feet, and approximately 50 % of the surveyed reach was less than 2 feet in depth. No mussels were observed in the entire surveyed reach in 4.5 person-hours. of survey time. Discussion No mussel species were found in Richland Creek during the survey efforts. The habitat within the surveyed reach is degraded by high sediment loading. It is apparent that mussel fauna, including the dwarf-wedge mussel does not occur within the surveyed portion of Richland Creek. It can therefore be concluded that project construction is "Not Likely to Adversely Affect" the dwarf-wedge mussel. TCG - Freshwater Mussel Survey SR 1930 over Richland Creek,-Franklin County, NC 5 LITERATURE CITED Alderman, J.M. 1997. Monitoring the Swift Creek freshwater mussel community. Pages 98-107 in K.S. Cummings, A.C. Buchanan, C.A. Mayer, and T.J. Naimo, eds. 1997. Conservation and Management of Freshwater Mussels II Initiatives for the future. Proceedings of a UMRCC symposium, 16-18 October 1995, St. Louis, Missouri. Upper Mississippi River Conservation Committee, Rock Island Illinois. 293 pp. Clarke, A.H. 1981. The tribe Alasmidontini (Unionidae: Anodontinae), Part I: Pegias, Alasmidonta, and Arcidens. Smithsonian Contributions to Zoology, (326), 101 pp. Ellis, M.M. 1936. Erosion silt as a factor in aquatic environments. Ecology. 17:29-42. Fuller, S.L.H. 1977. Freshwater and Terrestrial Mollusks. In: J.E. Copper et al., (eds.), Endangered and Threatened Plants and Animals of North Carolina. NC State Museum of Natural History, Raleigh, NC. pp. 143-194. Fuller, S.L.H., and C.E. Powell. 1973. Range extensions of Corbicula manilensis (Philippi) in the Atlantic drainage of the United States. Natilus. 87(2):59. Goudreau, S.E., R.J. Neves, and R.J. Sheehan. 1988. Effects of sewage treatment effluents on mollusks and fish of the Clinch River in Tazewell County, Virginia. Final Rep., U.S. Fish and Wildl. Serv. 128 pp. Lea, I. 1829. Description of new genus of the family of Naiades (etc.). Transactions of the American Philosophical Society, new series. 3:403-456. Marking, L.L., and T.D. Bills. 1979. Acute effects of silt and sand sedimentation on freshwater mussels. Pp. 204-211 in J.L. Rasmussen, ed. Proc. of the UMRCC symposium on the Upper Mississippi River bivalve mollusks. UMRCC. Rock Island IL. 270 pp. Master, L. 1986. Alasmidonta heterodon: results of a global status survey and proposal to list as an endangered species. A report submitted to Region 5 of the U.S. Fish and Wildlife Service. 10 pp. and appendices. Michaelson, D.L. 1993. Life history of the endangered dwarf-wedge mussel, Alasmidonta heterodon (Lea 1830) (Pelecypoda: Unionidae), in the Tar River, North Carolina and Aquia Creek, Virginia. MS Thesis, Virginia Polytechnic Institute and State University, Blacksburg, Virginia. 122 pp. Neves, R.J. 1993. A state of the Unionids address. Pp. 1-10 in K.S. Cummings, A.C. Buchanan, and L.M. Kooch, eds. Proc. of the UMRCC symposium on the Conservation and Management of Freshwater Mussels. UMRCC. Rock Island IL. 189 pp. TCG - Freshwater Mussel Survey SR 1930 over Richland Creek, Franklin- County, NC i .1 Neves, R.J., and J.C. Widlak. 1987. Habitat ecology of juvenile freshwater mussels (Bivalvia: Unionidae) in a headwater stream in Virginia. Amer. Malacol. Bull. 1(5):1-7. O'Neill, C.R., Jr., and D.B. MacNeill. 1991. The zebra mussel (Dreissena polymorpha): an unwelcome North American invader. Sea Grant, Coastal Resources Fact Sheet. New York Sea Grant Extension. 12 pp. Ortmann, A.E. 1914. Studies in najades. Nautilus 28:41-47. Pennak, R.W. 1989. Fresh-water invertebrates of the United States, protozoa to Mollusca Third Edition, John Wiley & Sons, Inc. New York, 628 pp. Simpson, C.T. 1914. A descriptive catalogue of the naiades or pearly freshwater mussels, Vol. 1-3. Bryant Walker, Detroit. Simpson, C.T. 1900. Synopsis of the naiads, or pearly freshwater mussels, Proc. U. S. Natl. Mus., 22: 501-1044. Smith, D. 1981. Selected freshwater invertebrates proposed for special concern status in Massachusetts (Mollusca, Annelida, Arthropoda). MA Dept. of Env. Qual. Engineering, Div. of Water Pollution Control. 26 pp. Strayer, D.L., S.J. Sprague and S. Claypool, 1996. A range-wide assessment of populations of Alasmidonta heterodon, an endangered freshwater mussel (Bivalva:Unionidae). J.N. Am. Benthol. Soc., 15(3):308-317. U.S. Fish and Wildlife Service. 1996. Revised Technical/Agency Draft Carolina Heelsplitter Recovery Plan. Atlanta GA. 47 pp. U.S. Fish and Wildlife Service. 1993. Dwarf-wedge Mussel (Alasmidonta heterodon) Recovery Plan. Hadley, Massachusetts. 527 pp. U.S. Fish and Wildlife Service. 1992a. Special report on the status of freshwater mussels. U.S. Fish and Wildlife Service. 1992b. Endangered and Threatened species of the southeast United States (The red book). Prepared by Ecological Services, Div. of Endangered Species, Southeast Region. Government Printing Office, Wash. D.C. 1,070 PP. TCG - Freshwater Mussel Survey 7 SR 1930 over Richland Creek, Franklin- County, NC -'A United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 December 8, 2005 Heather W. Montague North Carolina Department of Transportation Division 5 2612 N. Duke Street Durham, North Carolina 27704 Dear Ms. Montague: This letter is in response to your letter of December 5, 2005 which provided the U.S. Fish and Wildlife Service (Service) with the biological determination of the North Carolina Department of Transportation that the replacement of Bridge No. 133 on SR 1930 (Stadium Drive) over Richland Creek in Wake County may affect, but is not likely to adversely affect the federally endangered dwarf wedgemussel (Alasmidonta heterodon). 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, a mussel survey was conducted at the project site on October 17, 2003. The survey extended 100 meters upstream and 400 meters downstream of SR 1930. No mussels of any species were observed, and habitat for dwarf wedgemussel was lacking. The surveyed reach appeared to be degraded by high sediment loading. Based on the information provided and other information available, the Service concurs with your determination that the proposed bridge replacement may affect, but is not likely to adversely affect the dwarf wedgemussel. We believe that the requirements of section 7(a)(2) of the ESA have been satisfied for this species. We remind you that obligations under section 7 consultation must be reconsidered if. (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered in this review; (2) this action is subsequently modified in a manner that was not considered in this review; or (3) a new species is listed or critical habitat determined that may be affected by this identified action. The Service appreciates the opportunity to review this project. If you have any questions regarding our response, please contact Mr. Gary Jordan at (919) 856-4520 (Ext. 32). rete eB amin Ecological Services Supervisor cc: Eric Alsmeyer, USACE, Raleigh, NC Christina Breen, NCDWQ, Raleigh, NC Travis Wilson, NCWRC, Creedmoor, NC Chris Militscher, USEPA, Raleigh, NC Dec-20-2005 10:49 From-DIV 5 919-560-3371 T-019 P.001/003 F-061 200528 NCDOT - DIVISION FIVE FAX 9C' 00- 12- ! Z,a 1 o $- - Date: ? Number of pages including cover sheet: To: l?.S C ' t?J Y v?n5 P "YA Phone: Fax hone: -155 (OS9 5 CC: From: NCDOT - DIVISION 5 2612 N. DUKE STREET DURHAM, NC 27704 OrYt ?? Phone: 919-560-6851 Fax phone: 919-560-3371 REMARKS: Q Urgent El For your review ? Reply ASAP Please comment r' i ,, Dodd c? t a fi J AWA L? ?DY T"!Z i 01f Yr J • ray,`, /a ARC 1 4 ? ?? a se ,? ?r ?. ?? ??? ?i? ??e s. A AV $e Pct DEC-20-2005 TUE 10:42 TEL:9197336893 NAME:DWQ-WETLANDS P. 1 es-z 2 United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 December 8, 2005 Heather W. Montague North Carolina Department of Transportation Division 5 2612 N. Duke Street Durham, North Carolina 27704 Dear Ms. Montague: This letter is in response to your letter of December 5, 2005 whit Wildlife Service (Service) with the biological determination of t' )f Transportation that the replacement of Bridge No. 133 on SR 1( and Creek in Wake County may affect, but is not likely to adversely affect the dwarf wedgemussel (Alasmidonta heterodon). 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, a mussel survey was conducted at the project site on October 17, 2003. The survey extended 100 meters upstream and 400 meters downstream of SR 1930. No mussels of any species were observed, and habitat for dwarf wedgemussel was lacking. The surveyed reach appeared to be degraded by high sediment loading. Based on the information provided and other information available, the Service concurs with your determination that the proposed bridge replacement may affect, but is not likely to adversely affect the dwarf wedgemussel. We believe that the requirements of section 7(a)(2) of the ESA have been satisfied for this species. We remind you that obligations under section 7 consultation. must be reconsidered if. (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered in this review; (2) this action is subsequently modified in a manner that was not considered in this review; or (3) a new species is listed or critical habitat determined that may be affected by this identified action. The Service appreciates the opportunity to review this project. If you have any questions regarding our response, please contact Mr. Gary Jordan at (919) 856-4520 (Ext. 32). S'n,ce , &te ?arnin Ecological Services Supervisor cc: Eric Alsmeyer, USACE, Raleigh, NC Christina Breen, NCDWQ, Raleigh, NC Travis Wilson, NCWRC, Creedmoor, NC Chris Militscher, USEPA, Raleigh, NC