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HomeMy WebLinkAbout20070742 Ver 1_Application_20070430 ~ ~nA~a. ~ ~ > -~~„~• STATE OF NORTH CAROLINA ~.. ~~ ~.. , 0 tips ~,~, ~ .. DEPARTN~NT OF TRANSPORTATION ~'ro~ ry=;; `~~~ O MICHAEL F. EASLEY GOVERNOR Apri127, 2007 U. S. Army Corps of Engineers Regulatory Field Office 6508 Falls of the Neuse Road Suite 120 Raleigh, NC 27615 ATTN: Mr. John Thomas NCDOT Coordinator °k~y9T ~,:, ;_ LYND`~9' IPPETT SECRE Y~ 070?d2 Subject: Nationwide Permit 23 and 33 Application for the proposed replacement of Bridge No. 416 over Beaverdam Creek on SR 2550 in Davidson County, Federal Aid Project No. BRSTP-2550(1), State Project No. 8.2604601, WBS Element: 33459.1..1.1, Division 9, TIP B-4103 Dear Sir: Please find enclosed the Categorical Exclusion (CE) Document, pre-construction notification, permit drawings, and design plan sheets for the proposed project. The project involves replacing Bridge No. 416 (a 72-feet long structure) with a 33-inch box girder bridge at the same location. The new bridge will be 205-foot long and 39-feet wide with 33-inch long box girders. The new bridge will span Beaverdam Creek. The proposed bridge will consist of two 11-foot travel lanes and 7- foot shoulders. During construction, aone-lane two-way on-site temporary detour located south of the existing bridge will be utilized to maintain traffic. The detour will be 200-feet in length and will be 18-feet wide. The detour bridge will provide a 10-foot travel lane with 4-foot shoulders. The approach roadway will consist of one 10-foot lane with 4-foot shoulders. IMPACTS TO WATERS OF THE UNITED STATES General Description: The project is located in the Yadkin-Pee Dee River Basin, subbasin 03-07-08 with a Hydrologic Unit Code of 03040103. Beaverdam Creek has a Division of Water Quality (DWQ) stream index number of 12-134-(2) and is a large tributary to Badin Lake. A best usage classification of WS-IV CA has been assigned to Beaverdam Creek. There are wetlands in the project area. A Jurisdictional Determination (Action ID. 200620356) from the U.S. Army Corps of Engineers was given for the wetlands on January 23, 2006. Permanent Impacts: Construction of the new bridge will require the use of two bents. One of the two bents will be constructed in the stream resulting in less than 0.01 acre of permanent stream impacts. The bent will be approximately 3.5 feet in width. No causeways or workbridges are needed to construct the proposed bents. Floating access to construct the bents is possible. MAILING ADDRESS: TELEPHONE: 919-715-1500 LOCATION: NC DEPARTMENT OF TRANSPORTATION FAX: 919-715-1501 2728 CAPITAL BLVD PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS SUITE 24O 1598 MAIL SERVICE CENTER WEBSITE: WWW.NCDOT.ORG RALEIGH NC 27604 RALEIGH NC 27699-1598 Temporary Impacts: There will be less than 0.01 acre of temporary fill in Beaverdam Creek due to the construction of a temporary detour bridge. The proposed detour bridge is to be built on the south side of the existing structure. Construction of the temporary detour bridge will require the use of three bents. The bents will be approximately 1.0 feet in width. No causeways or workbridges are needed to construct the proposed bents. Utility Impacts: There will be no sewer, water, electric or other utility impacts due to this bridge replacement project. Bridge Demolition: Bridge No. 416 is pony truss bridge with one span at 72 feet in length and no guardrail protection on either end. The superstructure consists of a timber deck on a low pony truss. The substructure of the east concrete abutment has timber risers. The bridge will be removed without dropping any components into waters of the United States. NCDOT's Best Management Practices for Bridge Demolition and Removal will be followed. Restoration Plan: Following construction of the bridge, all material used in the construction of the structure will be removed. The impact area associated with the bridge is expected to recover naturally, since the natural streambed and plant material will not be effected. NCDOT does not propose any additional planting in this area. Class I riprap and filter fabric will be used for bank stabilization. Pre-project elevations will be restored. NCDOT will restore the stream to its pre- project contours. Additionally, after the detour's purpose has been served the material used for installation of the temporary detour bridge will be removed and the areas will be restored to original contours. Removal and Disposal Plan: The contractor will be required to submit a reclamation plan for the removal of and disposal of all material off-site at an upland location. The contractor will use excavation equipment for removal of any earthen material. Heavy-duty trucks, dozers, cranes and various other pieces of mechanical equipment necessary for construction of roadways and culverts will be used on site. All material placed in the stream will be removed from the stream at that time. The contractor will have the option of reusing any of the materials that the engineer deems suitable in the construction of project. After the erosion control devices are no longer needed, all temporary materials will become the property of the contractor. FEDERALLY PROTECTED SPECIES Plants and animals with federal classifications of Endangered, Threatened, Proposed Endangered and Proposed Threatened are protected under provisions of Section 7 and Section 9 of the Endangered Species Act of 1973, as amended. As of March 28, 2007, the United States Fish and Wildlife Service (USFWS) lists three federally protected species for Davidson County. Table 1 lists the species, their status and biological conclusion. Table 1. Federall -Protected S ecies for Davidson Coun , NC Common Name Scientific Name Federal Habitat Biological Conclusion Status Present Bald eagle Haleaeetus leucephalus T Yes May Affect, Not Likely to Adversel Affect Schweinitz's Helianthus schweinitzii E No No Effect sunflower Bog turtle Clemmys muhlenbergii T (S/E) N/A Not Required A Biological Conclusion of "No Effect" was given in the CE for Schweinitz's sunflower. Afield survey for Schweinitz's sunflower was conducted in May 2004 and again by NCDOT Biologists in 2 August 2006. No plants were observed during the 2004 and 2006 surveys. With the above information it is the conclusion of NCDOT that the original call of "No Effect" is still valid for the Schweinitz's sunflower. Biological Conclusions are not required for the Bog turtle since T (S/A) species are not afforded full protection under the ESA. No potential habitat occurs within the project area. No populations of this species have been reported in the project area. Therefore, the proposed project is not anticipated to result in an adverse impact to this species. A commitment was placed on the green sheet of the CE for NCDOT to query researchers at the Center of Conservation Biology at the College of William and Mary to determine if any additional nesting activity has been observed in the vicinity of the project. Also, per this commitment, NCDOT was to inform the USFWS of the inforn~ation obtained during the pre-construction interval. All new information regarding bald eagle nesting was given to the USFWS via email on April 3, 2007. A pre-construction bald eagle survey was conducted by NCDOT Biologists on March 27, 2007. The survey was conducted within a 1-mile radius of the project site. During the survey it was noted that the area around Badin Lake was more highly developed than at the time of the 2003 survey. It was also, noted that the area within a 1-mile radius of the project has been fairly recently "cut-over" in several spots. The habitat observed on foot and from the boat was marginal at best for the support of bald eagle nesting. No bald eagles or bald eagle nests were observed during the survey. Also, Mr. Bryan Watts of William and Mary was contacted on March 21, 2007 regarding nesting activity in the project vicinity. Mr. Watts informed NCDOT that he has been flying the Badin Lake area since the year 2000 and has never found eagle nests in the area of the project (Pine Haven area). Also, Mr. Watts flew over the Badin Lake area on March 27, 2007. Mr. Watts indicated to NCDOT that no new eagle nests were observed in the project area at the time of the fly over. Also, Ms. Marla Chambers of the North Carolina Wildlife Resource Commission (NCWRC) was contacted regarding bald eagle nests on Badin Lake in the area of the project. Ms. Chambers indicated to the NCDOT that there were no records of eagle nests in project area portion of Badin Lake. With the above information it is concluded that the original biological conclusion of "May Affect, Not Likely to Adversely Affect" is still valid for the bald eagle. MITIGATION OPTIONS Avoidance and Minimization and Compensatory Miti atg_ ion: The NCDOT is committed to incorporating all reasonable and practicable design features to avoid and minimize jurisdictional impacts, and to provide full compensatory mitigation of all remaining, unavoidable jurisdictional impacts. Avoidance measures were taken during the planning and NEPA compliance stages; minimization measures were incorporated as part of the project design. According to the Clean Water Act (CWA) §404(b)(1)guidelines, NCDOT must avoid, minimize, and mitigate, in sequential order, impacts to waters of the US. The following is a list of the project's jurisdictional stream avoidance/minimization activities proposed or completed by NCDOT: Avoidance/Minimization: • The proposed bridge will be replaced on its existing location. • In-stream activity will be limited. • Use of 2:1 fill slopes in jurisdictional area. • No staging of construction equipment or storage of construction supplies will be allowed in wetlands or near surface waters. • The contractor will follow contract specifications pertaining to erosion control measures as outlined in 23 CFR 650 Subpart B and Article 107-13 entitled "Control of Erosion, Siltation, and Pollution" (NCDOT, Specifications for Roads and Structures). • Temporary construction impacts due to erosion and sedimentation will be minimized through implementation of stringent erosion control methods and use of Best Management Practices (BMPs). Compensatory Miti atg ion: Due to' the minimal amount of impacts, no compensatory mitigation is proposed. SCHEDULE The project calls for a letting of November 20, 2007 with a date of availability of January 1, 2007. Permits are needed by the review date of October 2, 2007. It is expected that the contractor will choose to start construction as soon as possible. REGULATORY APPROVALS Section 404 Permit: It is anticipated that the temporary impacts will be authorized under Section 404 Nationwide Permit 33. We are therefore requesting the issuance of a Nationwide Permit 33. The remaining aspects of the project are project is being processed by the Federal Highway Administration as a "Categorical Exclusion" in accordance with 23 CFR 771.115(b). The NCDOT requests that these activities be authorized by a Nationwide Permit 23 (FR number 10, pages 2020- 2095; January 15, 2002). Section 401 Permit: We anticipate General Certification numbers 3403 and 3366 will apply to this project. All general conditions of the Water quality Certifications will be met. Therefore, in accordance with 15A NCAC 2H, Section .0500(a) and 15A NCAC 2B.0200 we are providing two copies of this application to the North Carolina Department of Environmental and Natural Resources, Division of Water Quality, for their notification. Thank you for your time and assistance with this project. Please contact Sara Easterly at (919) 715- 5499 if you have any questions or need any additional information. Sincerel , ~~ Gregory J. Thorpe, Ph.D. Environmental Management Director, PDEA w/attachment Mr. John Hennessy, NCDWQ (2 copies) Ms. Marella Buncick, NCFWS Ms. Marla Chambers, NCWRC Dr. David Chang, P.E., Hydraulics Mr. Mark Staley, Roadside Environmental Mr. Greg Perfetti, P.E, Structure Design Mr. Victor Barbour, P.E., Project Services Unit Mr. S. P. Ivey, P.E., Division Engineer Ms. Diane Hampton, P.E., DEO w/o attachment Mr. Scott McLendon, USACE, Wilmington Mr. Jay Bennett, P.E., Roadway Design Mr. Majed Alghandour, P.E., Programming and TIP Mr. Art McMillan, P.E., Highway Design Mr. John Conforti, PDEA Planning Engineer 4 Office Use Only: Form Version March OS 20G70742 USACE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) I. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ^ Riparian or Watershed Buffer Rules ^ Section 10 Permit ^ Isolated Wetland Permit from DWQ ^ 401 Water Quality Certification ^ Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: NW 23 & NW 33 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: ^ If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ^ II. Applicant Information Owner/Applicant Information Name: Gregory J. Thorpe, Ph.D., Environmental Management Director Mailing Address: North Carolina Department of Transportation (NCDOT) Project Development and Environmental Analysis 1598 Mail Service Center Raleigh, NC 27699-1598 Telephone Number: 919-733-3141 Fax Number: 919-733-9794 E-mail Address: tg horpe(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 8 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Replacement of Bridge No. 416 on SR 2550 (Badin Lake Road) Over Beaverdam Creek 2. T.I.P. Project Number or State Project Number (NCDOT Only) Property Identification Number (Tax PIN): 4. Location B-4103 County: Davidson Nearest Town: Jackson Hill Subdivision name (include phase/lot number): NA Directions to site (include road numbers/names, landmarks, etc.): Highway 64 West to Junction with NC 49 South to Badin Lake Lanes to Pond Street to Badin Lake Road 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): 35° 30' 42" °N 80° 06' 03" °W 6. Property size (acres): Total project length is 0.205 miles 7. Name of nearest receiving body of water: Beaverdam Creek 8. River Basin: Yadkin (Note -this must be one of North Carolina's seventeen designated major river basins.. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Project area is located in a mostly rural communit.~with recreational homes surrounding Badin Lake. Page 2 of 8 10. Describe the overall project in detail, including the type of equipment to be used: See cover letter 11. Explain the purpose of the proposed work: Bridge No. 416 has a sufficiency rating of 18.0 out of a possible 100 for a new structure. The bride is considered structurally deficient and functionally obsolete. The replacement of this inadequate structure will result in safer more efficient traffic operations. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. There is no prior historyof jurisdictional determinations for this project. V, Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. There are no future permit requests anticipated for thisproject. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Pro"vide a written description of the proposed impacts: See cover letter Page 3 of 8 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. Wetland Impact Site Number indicate on ( ma ) Type of Im act p Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) Located within 100-year Floodplain (yes/no) Distance to Nearest Stream (linear feet) Area of Impact ) (acres None None None NA NA None Total Wetland Impact (acres) 0.00 3. List the total acreage (estimated) of all existing wetlands on the property: None 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. To calculate acreage, multiply length X width and then divide by 43,560. Stream Im act p Number (indicate on map) Stream Name Type of Impact Perennial or ~ Intermittent. Average Stream Width Before Impact Impact Length (linear feet) Area of Impact (acres) 1 Beaverdam Creek Bridge Bent Perennial 75 feet 36 < 0.01 1 Beaverdam Creek Detour Bridge Perennial 75 feet 36 < 0.01 Total Stream Impact (by length and acreage) <0.01 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill, excavation, dredging, flooding, drainage, bulkheads, etc. Open Water Impact Site Number (indicate on ma) Name of Waterbody (if applicable) Type of Impact Type of Waterbody (lake and estua y > P ry, sound, ba , ocean, etc.) Area of p Im act (acres) NA NA NA NA 0.00 Total Open Water Impact (acres) NA Page 4 of 8 6. List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Impact (acres): 0.004 Wetland Impact (acres): Open Water Impact (acres): Total Impact to Waters of the U.S. (acres) 0.004 Total Stream Impact (linear feet): 7. Isolated Waters Do any isolated waters exist on the property? ^ Yes ®No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. 8. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw- down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Current land use in the vicinity of the pond: Size of watershed draining to pond: Expected pond surface area: VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact 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. See cover letter. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 1501inear feet of total impacts to perennial streams. Page 5 of 8 USAGE - 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 USAGE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http:/; h2o.enr.state.nc.us/ncwetlands/stim~ide.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. No mitigation is proposed for the minimal amount of stream impact 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount ofNon-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): IX. 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 ^ Page 6 of 8 • 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 aNEPA/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 ^ X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? 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. Zone* Impact (square feet) Multiplier Required Mitigation 1 2 Total - gone ~ extenas out ju reef perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. 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. XI. Stormwater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. Page 7 of 8 XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ^ No Is this an after-the-fact permit application? Yes ^ No XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ^ No If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o.enr.state.nc.usincwetlands. If no, please provide a short narrative description: XV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). •,~, Ap~'Iica>~Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 8 of 8 f~ORTH CAROB ~lA o~ s _o o d ~ ~; _ ~ _ s ~~ mt ~ / ~ ~ O'4M WI p,,,,d, b ~~! ,i_' ~ ~ J ~ 6.. 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No. B-4103 CATEGORICAL EXCLUSION AND PROGRAMMATIC SECTION 4(f) EVALUATION AND APPROVAL UNITED STATES DEPARTMENT OF TRANSPORTATION FEDERAL HIGHWAY ADMIMSTRATION AND NORTH CAROLINA DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS APPROVED: !2.2Z•~ ~ ~/< DATE `~~ Gregory J. Tho h.D. Environmental Management Director Project Development and Environmental Analysis Branch North Carolina Department of Transportation ~~ - ;~ .~ DATE ~~~ John F. Sullivan, III, P.E. Division Administrator Federal Highway Administration SR 2550 (Badin Lake Road) Bridge No. 416 Over Beaverdarn Creek Davidson County Federal-Aid Project No. BRSTP-2550(] ) State Project No. 8.2604601 WBS No. 33459.1.1 T.I.P. No. B-4103 CATEGORICAL EXCLUSION AND PROGRAMMATIC SECTION 4(f) EVALUATION AND APPROVAL December 2005 Document Prepared by: Mulkey Engineers and Consultants ate J. A. Bissett, Jr., PE Vice President 20 ~ G0~" ~~L/ Date Pamela R. Williams Project Manager ~ep~999A9BF9Dada ~eC ? 4~0 .R.~~ CAS ~~~' °0s~, C °e°^n~i^a_ i'e1 de ~ o~~~r Cam..+1t.k~i~ =~~ ~°i ` O ~ °° ~ w° " ~ 5E RL r °s e so 1~Y4342(~~L 4 ~ !Y 0<0 i^ °•io Ci° t ~~ qb~ \S \ rlP,i pC A `p ?C 9 ~ `,a,9i, Document Prepared for: North Carolina Department of Transportation I Z Z~ G~ Date n Co ', Project Planning Engineer ~~ PROJECT COMMITMENTS SR 2550 (Badin Lake Road) Bridge No. 416 Over Beaverdam Creek Davidson County Federal-Aid Project No. BRSTP-2550(1) State Project No. 8.2604601 WBS No. 33459.1.1 T.I.P. No. B-4103 In addition to the standard Nationwide Permit No. 23 Conditions. the General Nationwide Permit Conditions, Section 404 Only Conditions, Regional Conditions, State Consistency Conditions, NCDOT's Guidelines for Best Management Practices for the Protection of Surface Waters, Design Standards for Sensitive Watersheds, Sedimentation and Erosion Control Guidelines for Sensitive Watersheds, Erosion and Sediment Control Guidelines for Contract Construction, Best Management Practices for Construction and Maintenance Activities, General Certification Conditions, and Section 401 Conditions of Certification, the following special commitments have been agreed to by NCDOT: Project Development and Envirotzmental Analysis Branc)t Prior to project advertising a query will be made of the researchers (Center for Conservation Biology at the College of William and Mary in cooperation with Alcoa Power Generating, Inc) to determine if any additional nesting activity has been observed in the vicinity of the project. Information obtained during this pre-construction interval must be communicated to the USFWS in Asheville to ensure that the department has met its obligations under Section 7. If additional nesting activity is reported at that time, it will be necessary to continue consultation with the USFWS and the NCWRC. NCDOT will develop a plan for the bridge relocation that will include the potential recipient (City of Albemarle) and Alcoa representatives. Roadway Design/Division A meeting with Alcoa will be scheduled at right-of-way stage for awalk-through with Mr. Robert Smet (704j 422-5678. Two copies of right-of-way plans will be provided to: Mr. Robert Smet Yadkin Power and Property Coordinator Alcoa Power Generating Inc. Yadkin Division Post Office Box 576 Badin, North Carolina 28009-0576 Hydraulic Desigzz Deck drains will not discharge directly into Badin Lake/Beaverdam Creek. Green Sheet Categorical Exclusion December 2005 Page 1 of 1 SR 2550 (Badin Lake Road) Bridge No. 416 Over Beaverdam Creek Davidson County Federal-Aid Project No. BRSTP-2550(1) State Project No. 8.2604601 WBS No. 33459.1.1 T.I.P. No. B-4103 INTRODUCTION: The replacement of Bridge No. 416 is included in the North Carolina Department of Transportation (NCDOT) 2006-2012 Transportation Improvement Program (T.LP.) and in the Federal-Aid Bridge Replacement Program. The location of the bridge is shown in Figure 1. No substantial environmental impacts are anticipated. The project is classified as a Federal "Categorical Exclusion." I. PURPOSE AND NEED NCDOT Bridge Maintenance Unit records indicate that Bridge No. 416 has a sufficiency rating of 18.0 out of a possible 100 for a new structure. The bridge is considered structurally deficient and functionally obsolete. The replacement of this inadequate structure will result in safer and more efficient traffic operations. II. EXISTING CONDITIONS Bridge No. 416 is located on SR 2550 (Badin Lake Road) about 30 miles south of Lexington, the county seat. SR 2550 is classified as "rural local" by the statewide functional classification system. It connects NC 8 to NC 109 around the northern finger of Badin Lake, and is within the Uwharrie National Forest proclamation boundary. The Uwharrie National Forest land is located 600 to 700 feet north of this project (Figure 2). SR 2550 is a rural two-lane roadway that serves recreational travel to Badin Lake and provides access to Uwharrie Game Land. Bridge No. 416 crosses Beaverdam Creek at the headwaters of an arm of Badin Lake (Narrows Reservoir). Narrows Reservoir is one of the developments of Project No. 2197, a hydroelectric project which Alcoa Power Generating Incorporated (APGI) is licensed to operate by the Federal Energy Regulatory Commission (FERC). The Yadkin Division of APGI is responsible for operating Project No. 2197. The Beaverdam Creek/Grassy Fork Creek Significant Natural Heritage Area is upstream of the project area. Land use near the project site is rural, with recreational homes surrounding Badin Lake. There has been no substantial residential development in the past 11 years; however, there is a landowner who owns 100 to 200 acres near the bridge, and plans to develop it with a golf course and some residences. Some commercial growth is also expected near the intersection of SR 2550 and NC 49. There are no current plans to upgrade this roadway at or in the vicinity of the project. The 2005 estimated average daily traffic (ADT) volume is 670 vehicles per day (vpd). The projected ADT is 1100 vpd by the design year 2030. The percentages of truck traffic are 3% dual tired vehicles (DUALS) and 1%truck-tractor semi trailer (TTST). The speed limit in the vicinity of the bridge is not posted; therefore, a statutory speed limit of 55 miles per hour (mph) applies. Bridge No. 416 was built in 1920 and is eligible for listing on the National Register of Historic Places. It is a one-lane facility with a clear roadway width of I5 feet (Figure 3). The pony truss bridge has one span at 72 feet in length and no guardrail protection on either end. The superstructure consists of a timber deck on a T.I.P. No. B-4103, Bridge No. 416, Davidson County Page 1 low steel pony truss. The substructure west end bent has timber caps, posts, and sills. The substructure of the east concrete abutment has timber risers. The bridge deck is approximately 13 feet from crown to streambed. The posted weight limit is 9 tons for single vehicle and 14 tons for TTST. The approach roadway consists of two 1 1-foot lanes with 5-foot grass shoulders, which tapers to one 13-foot lane at the bridge with 5-foot turf shoulders. The sag vertical curve at the bridge has a design speed of 35 mph. There are two curves adjacent to the ends of Bridge No. 416. The curve radius east of the bride is approximately 1,250 feet and west of the bridge is approximately 1,300 feet. The existing right of way is approximately 50 feet with no control access. There is a water line, stormwater collection system, and an overhead power line located north of SR 2550, on the upstream side of Bridge No. 416. Overhead telephone and fiber optic lines are located south of Badin Lake Road, on the downstream side of the bridge. Utility impacts are anticipated to be low. No Davidson County school buses cross Bridge No. 416; however, there are a total of four bus crossings daily from Montgomery County schools. No accidents were reported in the project area during the period from June 1, 2002 to June 31, 2005. This section of SR 2550 in Davidson County is not part of a designated bicycle route nor is it listed in the T.I.P. as needing incidental bicycle accommodations. III. ALTERNATIVES A. Project Description The recommended replacement structure is a bridge providing two 11-foot travel lanes and 7-foot shoulders (Figure 4A). A minimum 0.3 percent grade is recommended to facilitate bridge deck drainage. The length and width of the new structure may be increased or decreased as necessary to accommodate peak flows and contain deck drainage as determined by more detailed hydrologic studies during the final design phase. The proposed approach roadway will consist of two 11-foot travel lanes with 7-foot turf shoulders (Figure 4A). B. Build Alternatives Two build alternatives were studied for this project. They are described below. Alternative B (preferred) will replace the bridge in-place (Figure SA). The proposed bridge will be approximately 200 feet in length. During construction, aone-lane two-way on-site temporary detour located south (downstream) of the existing bridge will be utilized to maintain traffic. The detour bridge will provide a 10-foot travel lane with 4-foot shoulders (Figure 4B). The approach roadway will consist of one 10-foot lane with 4-foot shoulders. The detour will be signal controlled. Alternative D replaces the bridge on new alignment north (upstream) of the existing structure (Figure SB). The proposed bridge will be approximately 200 feet in length. Traffic will be maintained on the existing structure during construction. T.I.P. No. B-4103, Bridge No. 416, Davidson County Page 2 C. Alternatives Eliminated From Further Study Alternative A would replace the bridge in-place. The proposed bridge would be approximately 200 feet in length. During construction, traffic will be routed off-site along the following detour: SR 2550 (Badin Lake Road), NC 49, and NC 109. The detour is approximately 15 miles in length. This alternative was eliminated due to the unacceptable delay and the high road user cost associated with this detour that is approximately $1,283,000 annually. Alternative C replaces the bridge on new alignment south (downstream) of the existing structure. The proposed bridge will be approximately 205 feet in length. Traffic would be maintained on the existing structure during construction of the new bridge. Alternative C was eliminated because Alternative B impacts less wetland and forest. The "do-nothing" alternative will eventually necessitate closure of the bridge. This is not desirable due to the traffic service provided by the bridge and lack of feasible alternative routes. Investigation of the existing structure by the Bridge Maintenance Unit indicates that "rehabilitation" of this bridge is not feasible because of its age and deteriorated condition. D. Preferred Alternative Alternative B was selected as the preferred alternative because it minimizes wetland impacts and will not take the residential house in the northwest quadrant. The Division Engineer concurs with Alternative B as the preferred. E. Design Exception A design exception for the vertical curve in the project area maybe required. The speed limit in the vicinity of the bridge is not posted; therefore, a statutory speed limit of 55 miles per hour (mph) applies. The existing sag vertical alignment has a design speed of approximately 35 mph. If a design exception is applicable, then advisory signing will be evaluated during the final design phase. T.I.P. No. B-4103, Bridge No. 416, Davidson County Page 3 IV. ESTIMATED COST Table 1 shows the estimated costs of the proposed project based on current prices. Table 1. Estimated Cost Alternative B ( referred) Alternative D Structure Removal (Existing) $ ] 5,100 $ 15,100 Pro osed Structure 627,300 627,300 Tem orar Detour Bride and A roaches 312,100 0 Roadwa A roaches 185,000 426,300 Miscellaneous & Mobilization 290,500 321,300 En ineerina Contingencies 220,000 210,000 ROW/Const. Easements/LJtilities 91,000 91,000 TOTAL $1,741,000 $1,691,000 The estimated cost of the project as shown in the 2006-2012 Transportation Improvement Program is $1,075,000, including $75,000 for right-of-way, $900,000 for construction and $100,000 in prior years. V. NATURAL RESOURCES A. Methodology Research was conducted prior to field investigation. Published resource information pertaining to the project area was gathered and reviewed. Resources utilized in this preliminary investigation of the project area included: • U.S. Geological Survey (USGS) quadrangle maps (Handy) • United States Fish and Wildlife Service (USFWS) National Wetlands Inventory (NWI) quadrangle map (Handy) • NCDOT aerial photograph of project area • Natural Resources Conservation Service (NRCS), formerly known as Soil Conservation Service, Soil Survey of Rowan County, North Carolina (1995) Water resource information was obtained from publications posted on the World Wide Web by North Carolina Department of Environment and Natural Resources, Division of Water Quality (DWQ). Information concerning the occurrence of federal protected species in the study area was obtained from the USFWS list of protected and candidate species (on-line list researched 2/11/05, last updated 2/11/03), and from the NC Natural Heritage Program (NCNHP) database of rare species and unique habitats (on-line list researched December 2, 2005, last updated January 2004). NCNHP maps were reviewed on April 25, 2005 for documented occurrences of state or federal listed species and locations of significant natural areas. General natural resource surveys and federal protected species surveys were conducted along the proposed alignment on August 1, 2001, September 1 1, 2001, and May 18, 2004. Water resources were identified and their physical characteristics recorded. Plant communities and associated wildlife were also identified and described. Terrestrial community classifications generally follow Schafale and Weakley (1990) where T.I.P. No. B-4103, Bridge No. 416, Davidson County Page 4 possible, and plant taxonomy follows Radford et a/. (1968). Vertebrate taxonomy follows Martof et al. (1980), Potter et al. (1980), and Webster et al. (1985). Predictions of wildlife community composition involved general qualitative habitat assessment based on existing vegetative communities. Wildlife identification involved using a variety of observation techniques. Techniques included active searching and identification of characteristic wildlife signs (sounds, scat, tracks, and burrows). Jurisdictional wetlands, if present, were delineated and evaluated based on criteria established in the U. S. Arn-ti~ Corps of Engineers Wetlands Deli-ieation Manual (Environmental Laboratory, 1987) and Guida-zce for Rating the Values of Wetlands i-- North Carolina (Division of Environmental Management, 1995). Wetlands were classified based on the classification scheme of Cowardin et al. (1979). For the purposes of this document, the following terms are used concerning the limits of natural resources investigations. "Project area" denotes the area bounded by the proposed right-of-way limits along the full length of the project alignment. "Project vicinity" is defined as an area extending one mile on all sides of the project area, and "Project region" denotes an area equivalent in size to the area represented by a 7.5 minute USGS quadrangle map, i.e. (61.8 sq. mi.). "Study area" denotes the area that was covered during the natural resource surveys. B. Physiography and Soils Davidson County is in the center of the Piedmont physiographic region of North Carolina. Most of the county is characterized by gently rolling to hilly landscapes. County elevations range from 510 feet above mean sea level (msl) at Badin Lake to 1,180 feet in the Uwharrie Mountains. Project elevations average 525 feet above msl. The county is drained by the Yadkin River and its tributaries, which flow south or southwestward. There is one soil type located in the project area. A brief description of the soil type is provided below. Oakboro silt loam, frequently flooded (Ok) is a nearly level, moderately well to somewhat poorly drained soil found on floodplains along streams and drainageways throughout Davidson County. Permeability is moderate and the depth to the seasonal high water table is between 12 and 24 inches . The surface layer is typically a brown silt loam extending about 6 inches below the surface. The subsoil is moderately shallow, with bedrock reached at about 43 inches below the surface, and has a low shrink-swell potential. The main limitations with this soil are wetness and the Capability Unit , which is 1Vw. Although this soil is wet and frequently flooded, it is not on the North Carolina Hydric Soils List (NRCS, 1995). C. Water Resources 1. Waters Impacted The project is located in the Yadkin River Drainage Basin. There is one water resource in the project study area: Beaverdam Creek. SR 2550 crosses Beaverdam Creek, which is a tributary that forms a major arm of Badin Lake. T.I.P. No. B-4103, Bridge No. 416, Davidson County Page 5 2. Water Resource Characteristics Beaverdam Creek at SR 2550 is approximately 75 to l00 feet wide and is lacustrine (upper section of Badin Lake). The substrate is composed primarily of silt. Streams have been assigned a best usage classification by the DWQ, which reflects water quality conditions and potential resource usage. The classification for Beaverdam Creek (DWQ Index No. 12-134-(2), 8/3/92) is WS-IV CA. Class WS-IV (Water Supply N) refers to those waters protected as water supplies which are generally in moderately to highly developed watersheds, and are suitable for all class C uses (aquatic life propagation and survival, fishing, wildlife, secondary recreation, and agriculture). The CA (Critical Area) subclassification is asupplemental classification that is defined as land within 0.5 mile upstream and draining to a river intake or within 0.5 mile and draining to the normal pool elevation of water supply reservoirs. No waters classified as High Quality Water (HQW), Water Supplies (WS-I or WS-II) or Outstanding Resource Waters (ORW) occurs within one mile of the project study area. The Basinwide Monitoring Program, managed by DWQ, is part of an ongoing ambient water quality monitoring program that addresses long-term trends in water quality. The program monitors ambient water quality by sampling at fixed sites for selected benthic macroinvertebrate organisms, which are sensitive to water quality conditions. Samples are evaluated on the number of taxa present of intolerant groups ~Ephemeroptera, Plecoptera, Trichoptera (EPT)] and a taxa richness (EPT S) is calculated. A biotic index value is also calculated for the sample that summarizes tolerance data for all species in each collection. The two rankings are given equal weight in final site classification. The biotic index and taxa richness values primarily reflect the effects of chemical pollution and are a poor measure of the effects of such physical pollutants as sediment. There are no benthic macroinvertebrate sampling stations in the project vicinity (NCDENR, 1998). Point source discharge is defined as "a discharge that enters surface waters through a pipe, ditch or any other well-defined point of discharge. The term applies to wastewater and stormwater discharges from a variety of sources" (DWQ, 1998). Point source dischargers located throughout North Carolina are permitted through the National Pollutant Discharge Elimination System (NPDES) program. Any dischargers are required to register for a permit. No registered point source dischargers are located in or directly upstream from the project study area. Non-point source discharge refers to runoff that enters surface waters through stormwater, snowmelt, or atmospheric deposition (DWQ, 1998). Many types of land-use activities serve as sources of non-point source pollution. These include land development, construction, crop production, animal feeding lots, failing septic systems, landfills, roads, and parking lots. Sediment and nutrients are major pollution- causing substances associated with non-point source pollution. Other sources of pollution include fecal coliform bacteria, heavy metals, oil and grease, and any other substance that may be washed off the ground or removed from the atmosphere and carried into surface waters. Excluding road runoff, there were no identifiable non-point sources observed during the site visit. 3. Anticipated Impacts to Water Resources a. GeneralImpacts Impacts to water resources in the project area are likely to result from activities associated with project construction, such as clearing and grubbing on streambanks, riparian canopy removal, instream construction, fertilizers and pesticides in revegetation, and pavement installation. T.I.P. No. B-4103, Bridge No. 416, Davidson County Page 6 In order to minimize potential impacts to water resources in the project area, NCDOT's Best Management Practices for the Protection of Surface Waters will be strictly enforced during the construction phase of the project. Impacts can be further reduced by limiting instream' activities and revegetatin~ stream banks immediately following the completion of grading. b. Impacts Related to Bridge Demolition and Removal In order to protect the water quality and aquatic life in the area affected by this project, the NCDOT and all potential contractors should follow appropriate guidelines for bridge demolition and removal. These guidelines are presented in NCDOT°s document Best Management Practices for Construction and Maintenance Activities (2003). Bridge No. 416 is composed completely of timber and steel; therefore, it will be removed without dropping any components into waters of the United States. D. Biotic Resources 1. Plant Communities Descriptions of the terrestrial systems are presented in the context of plant community classifications. These classifications follow Schafale and Weakley (1990) where possible. Representative animal species that are likely to occur in these habitats (based on published range distributions) are also cited. Scientific nomenclature and common names (when applicable) are provided for each animal and plant species described. Subsequent references to the same organism refer to the common name only. Much of the flora and fauna described within biotic communities utilize resources from adjacent communities, making boundaries between contiguous communities difficult to define. There are four terrestrial communities located in the project area: disturbed maintained, upland forest, lake fringe/floodplain forest, and wetland. a. Disturbed/Maintained Community This community is located on the north and south side of the bridge and encompasses two types of habitat: maintained road shoulder and less maintained disturbed community. The maintained road shoulder community consists mostly of grasses, herbs, and vines including fescue (Festuca spp.), goldenrod (Solidago spp.), Japanese honeysuckle (Lonicera japonica), poison ivy (Toxicodendron radicans), cinquefoil (Potentilla canadensis), pokeweed (Phytolacca americana), wild grape (Vitis spp.), Virginia creeper (Parthenocissus quinquefolia), and cross-vine (Bignonia capreolata). The less maintained disturbed community is located on the north side of SR 2550 and along the powerline clearing. It is comprised of shrubs and trees including sweet gum (Liquidambar sh'raciflua), short-leaf pine (Pines echinata), white oak (Quercus alba), willow oak (Quercus phellos), northern red oak (Quercus rubra), shagbark hickory (Carva ovata), red maple (Acer rubrurn), tulip poplar (Liriodendron tulipifera), black gum (Nyssa s~~/vatica), hornbeam (Carninus caroliniana), blackberry (Rubes spp.) and winged sumac (R/2us copallina). Herbs, grasses, and vines are similar to the road shoulder community and also include foxtail grass (Setaria spp.), broomsedge (Andropogon spp.), coneflower (Rudbeckia spp.), sunflowers T.I.P. No. B-4103, Bridge No. 416, Davidson County Page 7 (Helianthus spp.), wild lettuce (Lactuca spp.), ragweed (A»cbrosia artec»issifolia), rabbit tobacco (G»apha/icccn obtusifolic»»), butterfly pea (Centrosema >>irgi»ia»c.r»~), and green-brier (Sncilax spp.). b. Lake Fringe/Floodplain Forest Dominant emergent species within the permanently to seasonally flooded areas primarily along the east bank include water willow (J»sticia an~erica»a) and spikerush (Eleocllaris spp.). Species within the seasonally flooded to saturated areas include buttonbush (Ceplcalanthus occidentalis), black willow (Salix »igra), rose mallow (Hibiscus ncoscheutos), arrowhead (Sagittaria latifolia), golden club (Orontiunc ageraticun~), sedges, cardinal flower (L.abelia cardi»alis), river oats (Clcasmarctlliu»z latifolium), silky dogwood (Concus ac»oc»cn»), tag alder (Alms serrulata), hornbeam, overcup oak (Quercus h•rata), sweetgum, green ash (Fraxi»us pen»s~•Iva»ica), and willow oak. Species along the steeper banks (primarily west bank) consist of sycamore (Plata»us occide»talis), American elm (Ulnzcrs amc>>•ica»a), tag alder, silky dogwood, microstegium (Micros7egium rimineum), and sedges. The vine community is similar, to the Disturbed/Maintained community. c. Upland Forest The upland forest community is located upslope of the lake fringe/floodplain forest community. This community includes species found in the disturbed communities mentioned above such as white oak, hickories, northern red oak, red maple, southern sugar maple (Acer barbatu»c), short-leaf pine, tulip poplar, black gum, and red cedar (Jucciperus rir~inia»a). Understory and shrub species include hornbeam, American holly (Ilex opaca), flowering dogwood (Cor»us Florida), sourwood (O.r~•dendreun arboreu»c), sassafras (Sassafras albidum), witch hazel (Hm»amelis i~irginiana), and blueberry (Vaccinium spp.). Herbaceous and vine species consist of heartleaf (Hexasn~lis spp.), pipsissiwa (Chic»aphila r»aculata), tick-trefoils (Desmodium spp.), poison ivy, trumpet creeper,virginia creeper, green-brier, wild grape, honeysuckle, and cross-vine. The upland forest community corresponds to the Dry-Mesic Oak-Hickory Forest as described in Schafale and Weakley (1990). d. Wetland Community Wetlands are located within the Lake Fringe/Floodplain Forest community along the east bank of Beaverdam Creek. The wetland vegetation is described in the community description for Lake Fringe/Floodplain Forest. 2. Wildlife Maintained/disturbed communities adjacent to forested tracts provide rich ecotones for foraging, while the forests provide forage and cover. Common mammals and birds associated with ecotones and upland forests are least shrew (Cryptotis pan~a), southern short-tailed shrew (Blari»a carolinensis), hispid cottonrat (Sigmodon hispidus), eastern cottontail rabbit (Sylvilagus floridanus), raccoon (Procyon lotor), gray squirrel (Sciacrus carolinensis), white-tailed deer (Odocoileus virginianus), Virginia opossum (Di~delphis virginiana), Northern mockingbird (Micnus polyglottos), northern cardinal (Cardinalis cardinalis), European starling (Stur»us vulgaris), Carolina chickadee (Poecile caroli»e»sis), tufted titmouse (Baeolophus bicolor), and common grackle (Quiscalus quiscula). T.I.P. No. B-4103, Bridge No. 416, Davidson County Page 8 3. Aquatic Communities This community consists of Beaverdam Creek, a major arm of Badin Lake. The community is lacustrine, supporting a variety of insects including water striders (Gerris spp.), whirligigs (Dineun~s spp.), caddisflies, mayflies, midges, dragonflies, and damselflies. Mussels (E/lrptio spp.) and clams (Corbicula,flwninea)tyere also observed. This community supports a variety of reptiles including snakes and turtles, amphibians such as frogs and salamanders, and fish. Birds associated with this community include belted kingfisher (Megacei-~~le alcyon), great blue heron (Ardea herodias), and a variety of ducks. Plants found in this community are mentioned in the Lake Fringe/Floodplain Forest community description. 4. Anticipated Impacts to Biotic Communities a. Terrestrial Communities Impacts to terrestrial communities will result from project construction due to the clearing and paving of portions of the project area, and thus the loss of community area. Table 2 depicts impacts to terrestrial biotic communities that have been estimated based on the approximate construction limits of the two alternatives. Table 2. Anticipated Terrestrial Impacts Alternative B Alternative D (preferred) Vegetative Community permanent Permanent Temporary Tem orar O.OOacre 1.20 acres Upland Forest 0.20 acre 0.00 acre 0.68 acre 0.88 acre Disturbed/Maintained 0.00 acre 0.00 acre 0.04 acre 0.12 acre Lake Fringe/Floodplain Forest 0.03 acre 0.00 acre b. Aquatic Communities Impacts to the aquatic community of Beaverdam Creek will result from the replacement of Bridge No. 416. Impacts are likely to result from the physical disturbance of aquatic habitats (i.e. substrate and water quality). Disturbance of aquatic habitats has a detrimental effect on aquatic community composition by reducing species diversity and the overall quality of aquatic habitats. Impacts to aquatic communities will be minimized by strict adherence to BMPs. c. Wetland Communities Impacts to wetlands will take place depending on the final design of the bridge replacement. Table 3 depicts the estimated impacts to Waters of the U.S. for the proposed alternatives. Permanent wetland impacts are a result of the widening of the approach roadway to the proposed new permanent bridge. Temporary wetland impacts are a result of the temporary road leading to the temporary bridge. T.I.P. No. B-4103, Bridge No. 416, Davidson County Page 9 Table 3. Potential Impacts to Waters of the U.S. (acre) Proposed Wetland Wetland Total Alternatives (permanent) (temporary) Impact Alternative B ( referred) 0.029 acre 0.017 acre 0.046 acre Alternative D 0.086 acre 0.000 acre 0.086 acre E. Special Topics 1. Waters of the United States Surface waters and wetlands fall under the broad category of waters of the United States, as defined in Section 33 of the Code of Federal Register (CFR) Part 328.3. Any action that proposes to dredge or place fill material into surface waters or wetlands falls under the jurisdiction of the U.S. Army Corps of Engineers (COE) under Section 404 of the Clean Water Act (33 U.S.C. 1344). Surface waters include all standing or flowing waters which have commercial or recreational value to the public. Criteria to delineate jurisdictional wetlands include evidence of hydric soils, hydrophytic vegetation and hydrology. There are wetlands in the project area in the form of a lake emergent community and bottomland hardwood community along the east bank. According to Cowardin's classification the lake emergent community is part of the L1UBHh (Lacustrine, limnetic, unconsolidated bottom, permanently flooded, impounded) community. The bottomland hardwood community shoreward of the emergent community is a PFO1C wetland type (palustrine, forested, broad-leaved deciduous, seasonally flooded) (Cowardin et al, 1979). Estimated wetland impact for Alternative B (preferred) is 0.046 acre and for Alternative D is 0.086 acre. Impacts to jurisdictional surface waters are calculated based on the linear feet of the stream located within the proposed right-of-way. An anticipated combined length of 75 feet of Beaverdam Creek and 54 feet of streambed may be permanently or temporarily impacted by the proposed bridge replacement. 2. Permits Section 404 of the Clean Water Act - In accordance with Section 404 of the Clean Water Act (33 U.S.C. 1344), a permit is required from the USACE for projects of this type for the discharge of dredged or fill material into "Waters of the United States." The USACE issues two types of permits for these activities. A general permit may be issued on a nationwide or regional basis for a category or categories of activities when: those activities are substantially similar in nature and cause only a minimal individual or cumulative environmental impacts, or when the general permit would result in avoiding unnecessary duplication or regulatory control exercised by another Federal, state or local agency provided that the environmental consequences of the action are individually and cumulatively minimal. If a general permit is not appropriate for a particular activity, then an individual permit must be utilized. Individual permits are authorized on a case-by-case evaluation of a specific project involving the proposed discharges. It is anticipated that this project will fall under Nationwide Permit 23, which is a type of general permit. Nationwide Permit 23 is relevant to approved Categorical Exclusions. This permit authorizes any activities, work and discharges undertaken, assisted, authorized, regulated, funded or financed, in whole T.I.P. No. B-4103, Bridge No. 416, Davidson County Page 10 or in part, by another federal agency and that the activity is "categorically excluded" from environmental documentation because it is included within a category of actions which neither individually nor cumulatively have a significant effect on the environment. Activities authorized under nationwide permits must satisfy all terms and conditions of the particular permit. However, final permit decisions are left to the discretionary authority of the USACE. Section 401 General Water Quality Certification (WQC) - A Section 401 General Water Quality Certification is necessary for projects that require Section 404 permits. The state has General Certifications which will match the permit type authorized by the USACE. The NCDWQ must issue the 401 Certification before the USACE will issue the 404 Permit. Bridge Demolition and Removal -Bridge No. 416 is composed completely of timber and steel; therefore, it will be removed without dropping any components into waters of the United States. Bridge No. 416 is eligible for listing on the National Register of Historic Places and will be disassembled and moved to a storage area as designated by NCDOT. Yadkin's Subdivision Access Approval, Multi-Use Facility Permitting, and Industrial Approval Procedures (Procedures) govern activities within a project, such as the proposed bridge replacement. Bridge No. 416 is not located within a conservation zone or in an area of sensitive habitat. For bridge replacements not impacting a conservation zone, Yadkin's permitting process requires the completion of Yadkin's Agency Consultation (AC) process before Yadkin can issue a Construction Permit for the proposed improvements. 3. Mitigation Mitigation of wetland impacts has been defined by the Council on Environmental Quality to include avoidance, minimization, and compensation. These activities must be considered in sequential order. Avoidance examines all appropriate and practicable possibilities of averting impacts to Waters of the U.S. Bridge No. 96 is structurally deficient and obsolete; avoiding replacement of the bridge is not a feasible option. Minimization includes the examination of appropriate and practicable steps to reduce adverse impacts to Waters of the U.S. Alternative B (preferred) minimizes impacts because it replaces the bridge in place and uses one lane on-site detour during construction. Compensatory mitigation is required for those projects authorized under Nationwide Permits that result in the fill or alteration of: • More than 1.0 acres of wetlands. • And/or more than I50 feet of streams. It is the decision of the USACE and the NCDWQ to require mitigation for impacts associated with project construction. The USACE and the NCDWQ has the discretion to require compensatory mitigation for any impacts to Waters of the United States. T.I.P. No. B-4103, Bridge No. 416, Davidson County Page 11 F. Rare and Protected Species Federal Protected Species Some populations of fauna and tlora are in the process of decline either due to natural forces or their inability to coexist with human development. Federal law (under the provisions of the Endangered Species Act of 1973, as amended) requires that any action, likely to adversely affect a species classified as federally protected, be subject to review by the USFWS. Other species may receive additional protection under separate state laws. This project occurs wholly in Davidson County, but since Montgomery County is a short distance from the project and presents similar physiography to that of Davidson County, listed species for Montgomery County were also investigated. Plants and animals with a federal classification of Endangered (E), Threatened (T), Proposed Endangered (PE), and Proposed Threatened (PT) are protected under provisions of Section _7 and Section 9 of the Endangered Species Act of 1973, as amended. The USFWS lists six federally protected species for Davidson and Montgomery Counties (list last updated February 2003, checked via Internet 12/2/05). These species are listed in Table 4. Brief descriptions of the characteristics and habitat requirements follow. Table 4. Federally Protected Species Potentially Occurring in Davidson and Montgomery Counties, NC Scientific Name Common Federal Status Habitat Biological Name Present Conclusion ~Clemm~'s rnuhlenbei~~ii Bog turtle' Threatened N/A Not Required (S/A) Haliaeetus leta'ocephalus Bald eagle'' Z Threatened-PD Yes May Affect -Not • Likely to Adversely Affect Helianthus schn~ei~lit;,ii Schweinitz's Endangered No No Effect sunflower'' Z Felis concolor Eastern cougarZ Endangered No No Effect Picoides borealis Red-cockaded Endangered No No Effect wood eckerz EclTinacea laevigata Smooth Endangered No No Effect coneflower2 Note: • "Endangered" denotes a species in danger of extinction throughout all or a significant portion of its range. • "Threatened" denotes a species likely to become endangered in the foreseeable future throughout all or a significant portion of its range. • "PD" denotes a species that is proposed for delisting. • "T(S/A)" denotes a species that is threatened due to similarity of appearance with other rare species and is listed for its protection. These species are not biologically endangered or threatened and are not subject to Section 7 consultation. Listed for Davidson County ZListed for Montgomery County A review of the NCNHP maps on April 25, 2005 indicated that no protected species are known to occur within one mile of the project study area. T.I.P. No. B-4103, Bridge No. 416, Davidson County Page 12 Haliaeetirs leucoceplza/l+s (Bald eagle) Animal Family: Accipitridae Federal Listed: March 11, 1967 The bald eagle is a large raptor. The characteristic adult plumage consists of a white head and tail with a dark brown body. Juvenile eagles are completely dark brown and do not fully develop the majestic white head and tail until the fifth or sixth year. Fish are the primary food source but bald eagles will also take a variety of birds, mammals, and turtles (both live and as carrion) when fish are not readily available. Adults average about three feet from head to tail, weigh approximately 10 to 12 pounds and have a wingspread that can reach seven feet. Generally, female bald eagles are somewhat larger than males. Breeding pairs of bald eagles unite for life or until the death of their mate. The breeding season varies throughout the U.S., but typically begins in the winter for the southern populations and progressively shifts toward spring the farther north the populations occur. The typical nest is constructed of large sticks and lined with soft materials such as pine needles and grasses. The nests are very large, measuring up to six feet across and weighing hundreds of pounds. Many nests are believed to be used by the same pair of eagles year after year. Female eagles lay an average of two eggs; however, the clutch size may vary from one to three eggs. The eggs are incubated about 35 days. The young fledge 9 to 14 weeks after hatching and at approximately four months are on their own. The bald eagle has repopulated much of North Carolina over the past twenty years. In 1982, there were no bald eagle nests in North Carolina; in 1998, there were 17 nests; and in 2000, there were 34 nests. The recovery is due in part to habitat protection and management actions initiated under the Endangered Species Act and to the reduction in levels of persistent organochlorine pesticides, such as DDT, occurring in the environment. The bald eagle's recovery has led to a proposal for delisting the bald eagle from the Federal Endangered/Threatened Species List. The knowledge of bald eagle nesting activity in the vicinity of Badin Lake is summarized in a report prepared by the Center for Conservation Biology at the College of William and Mary in cooperation with Alcoa Power Generating, Inc. In addition, the USFWS published a guideline for managing bald eagle habitat which defines the critical distances from disturbances that could constitute "take" as defined in Section 9 of the Endangered Species Act. BIOLOGICAL CONCLUSION: May Affect, Not Likely to Adversely Affect The site of this bridge replacement project lies at the upper reaches of what could be considered the Beaverdam Creek arm of Badin Lake. Although there are numerous residential home sites in very close proximity to the bridge, there is ample habitat within one mile of the site that could attract nesting eagles. The potential for nesting eagles in this area cannot be ruled out; however, the most recent data from the multi-year eagle nest census conducted by researchers from William and Mary reveals that the closest eagle nest is at least 4 miles from the bridge site (personal communication with Dana Bradshaw, project scientist). Dr. Bryan D. Watts, Director of the Center for Conservation Biology at the College of William and Mary, confirmed on Apri14, 2005, that no eagle nesting activity has occurred near the project site as of their spring 2005 reconnaissance. NCDOT will query the researchers prior to project advertising. Information obtained during this pre-construction interval must be communicated to the USFWS in Asheville to ensure that the department has met its obligations under Section 7. Should additional nesting activity be reported at that time, it will be necessary to continue consultation with the USFWS. Any discussions should also include the NCWRC. T.I.P. No. B-4103, Bridge No. 416, Davidson County Page 13 Based upon these recommended safeguards, the USFWS has concurred with the May Affect, Not Likely to Adversely Affect conclusion. USFWS and NCWRC were advised of the NCDOT's intention to proceed in this manner. USFWS and NCWRC emailed their concun~ence with this approach (January 5, 2004, Appendix B). Clen~n~t•s r?tuhler7Uergii (Bog turtle) Animal Family: Emydidae Federal Listed: November 4, 1997 Bog turtles are small (3 to 4.5 inches) turtles with a weakly keeled carapace (upper shell] that ranges from light brown to ebony in color. The species is readily distinguished from other turtles by a large, conspicuous bright orange to yellow blotch on each side of its head. Bog turtles are semi-aquatic and are only infrequently active above their muddy habitats during specific times of year and temperature ranges. They can be found during the mating season from June to July and at other times from April to October when the humidity is high, such as after a rain event, and temperatures are in the seventies. Bog turtle habitat consists of bogs, swamps, marshy meadows, and other wet environments, specifically those that have soft muddy bottoms. The southern populations of bog turtles (in Virginia, Tennessee, North and South Carolina, and Georgia) are listed as threatened due to similar appearance (T S/A) to northern bog turtles that are listed as threatened. A Biological Conclusion is not required since T (S/A) species are not afforded full protection under the ESA. However, the protected species classification of the southern populations could be upgraded in the future. No potential habitat occurs within the area of potential impact. The NCNHP's maps of rare species and unique habitats was checked on April 25, 2005. No populations of this species have been reported in the project area. Therefore, the proposed project is not anticipated to result in an adverse impact to this species. Helianthus schw~einit~ii (Schweinitz's sunflower) Plant Family: Asteraceae Federal Listed: May 7, 1991 Schweinitz's sunflower, usually 3 to 6 feet tall, is a perennial herb with one to several fuzzy purple stems growing from a cluster of carrot-like tuberous roots. Leaves are 2 to 7 inches long, 0.4 to 0.8 inch wide, lance-shaped, and usually opposite, with upper leaves alternate. Leaves feel like felt on the underside and are rough like sandpaper on the upper surface. The edges of the leaves tend to curl under. Flowers are yellow composites, and generally smaller than other sunflowers in North America. Flowering and fruiting occur mid-September to frost. This plant grows in clearings and along the edges of upland woods, thickets and pastures. It is also found along roadsides, powerline clearings, old pastures, and woodland openings. It prefers full sunlight or partial shade, but is intolerant of full shade. BIOLOGICAL CONCLUSION: NO EFFECT Potential habitat for Schweinitz's sunflower occurs along roadsides, power line rights-of-way, and field edges throughout the project area. The project study area was evaluated for potential Schweinitz's sunflower habitat and extensive field surveys were performed in September 2001. No populations were found within the area of potential impact. The NCNHP's maps of rare species and unique habitats were checked on April 25, 2005. No populations of this species have been reported in the project area. Therefore, the proposed project is not anticipated to result in an adverse impact to this species. Additional surveys were conducted in May 2004 by M. Randall Turner; this field work confirmed that no representatives of the genus Heliantllus occur in the project study area. The investigator is very familiar with the vegetative morphology of the genus and is comfortable that the plant was not present in any of the potentially suitable habitat areas. T.I.P. No. B-4103, Bridge No. 416, Davidson County Page 14 Fe1is concolor cougar (Eastern cougar) Animal Family: Felidae Federal Listed: June 4, 1973 The eastern cougar is a large, unspotted, long-tailed cat. Its body and legs are a uniform fulvous or tawny hue. Its belly is pale reddish or reddish white. No preference for specific habitat types has been noted. The primary need is apparently for a large wilderness area with an adequate food supply. Male cougars of other subspecies have been observed to occupy a range of 25 or more square miles, and females from 5 to 20 square miles. The eastern cougar is considered by many to be extirpated from North Carolina. BIOLOGICAL CONCLUSION: NO EFFECT As noted on the potential distribution map, the species is not believed to inhabit the geographic area that includes Davidson and Montgomery Counties. If the species occurs at all in North Carolina, it is more likely to be found in the extreme western and southeastern portions of the state. The principal reason for this is the species' need for large, unbroken expanses of habitat. Encroaching development throughout much of the state would preclude its survival primarily due to the ever-increasing likelihood of its encounters with man. An April 25, 2005 review of NHP maps indicated that no protected species are known to occur within aone- mile radius of the project site. This project will have "No Effect" on the eastern cougar. Pit•oides borealis (Red-cockaded woodpecker) Animal Family: Picidae Federal Listed: October 13, 1970 The red-cockaded woodpecker is 7 to 8 inches long with a ~~-ing span of 14 to 15 inches. There are black and white horizontal stripes on its back, and its cheeks and underparts are white. Its flanks are black streaked. The cap and stripe on the side of the neck and the throat are black. The male has a small red spot on each side of the black cap. After the first post fledgling molt, fledgling males have a red crown patch. 1~1ost often, the parent birds and some of their male offspring from previous }ears form a family unit called a group. A group may include one breeding pair and as mam' as seven other birds. Commonl}', these groups are comprised of three to fire birds. This bird's range is closely tied to the distribution of southern pines. Open stands of pine containing trees 60 years old and older are used for nesting/roosting habitat. Red-cockaded woodpeckers need live, large older pines in which to excavate their cavities. Longleaf pines (Pi~iur pals~.rtri.r) are most commonly used, but other species of southern pine are also acceptable. Dense stands (stands that are primarily hardwoods, or that have a dense hardwood understori) are avoided. Foraging habitat is provided in pine and pine hardwood stands 30 years old or older with foraging preference for pine trees 10 inches or larger in diameter. Roosting cavities are excavated in living pines, and usually in those that are infected with a fungus producing what is known as red-heart disease. Completed cavities in active use have numerous, small resin wells which exude sap. The territory for a group averages about 200 acres, but observers have reported territories running from a loin of around 60 acres to an upper extreme of more than 600 acres. T.I.P. No. B-4103, Bridge No. 416, Davidson County Page 15 BIOLOGICAL CONCLUSION: NO EFFECT ~ thorough examination of the project srud~~ area was conducted on l~1av 18, 2004. No pine dominated forest stand «-ill be impacted b}' construction activities related to the bridge replacement. The project does not support habitat that is suitable for the red-cockaded woodpecker. On ,~pril 25, 2005 review of NHP maps indicated that no protected species are known to occur u-ithin a one-mile radius of the project site. Consequenth~, the project «~ill have "No Effect" on the red-cockaded ~~-oodpecker. Echiiiacea laevigata (Smooth coneflower) Plant Family: Asteraceae Federal Listed: October 8, 1992 Smooth coneflower is a rhizomatous perennial herb that grows up to 5 feet tall from a vertical root stock. The stems are smooth, with few leaves. The largest leaves are the basal leaves, which reach 8.0 inches in length and 3 inches in width, have long stems, and are elliptical to broadly lanceolate, tapering to the base, and smooth to slightly rough. Mid-stem leaves have shorter stems or no stems and are smaller in size than the basal leaves. The rays of the flowers (petal-like structures) are light pink to purplish, usually drooping, and 2 to 3 inches long. Flower heads are usually solitary. Flowering occurs from May through July. The habitat of smooth coneflower is open woods, cedar barrens, roadsides, clearcuts, dry limestone bluffs, and power line rights-of-way, usually on magnesium- and calcium-rich soils associated with gabbro and diabase parent rock. Areas subject to periodic disturbances to reduce the shade and competition of woody plants provide optimal habitat since these plants thrive in abundant sunlight with little competition in the herbaceous layer. BIOLOGICAL CONCLUSION: NO EFFECT An April 25, 2005 review of NHP maps indicated that no protected species are known to occur within aone- mile radius of the project site. A walking survey was conducted on May 18, 2004, by M. Randall Turner, which is outside the optimum survey window of June to late July. The search focused on identification of the vegetative portions of the plant since. its flowers may not emerge until later in June. The principal field investigator has visited populations of this plant in Orange and Durham Counties over the years and is very familiar with its habit and appearance. While open roadsides may in some cases provide potentially suitable habitat, roadside areas in the project study area are heavily infested with thick ground covers or grasses and other herbs and are not appropriate habitat. Most of these areas are under intense mowing regimes, a condition often inimical to this species. The Natural Resources Conservation Service (NRCS) soil survey mapping indicates undisturbed areas surrounding the roadway fill material are mapped as the Oakboro silt loam (frequently flooded) soil unit, which does not provide appropriate habitat. No evidence of smooth coneflower exists at the project study area and the NHP has no record of known populations within aone- mile radius of the bridge site. Therefore, this project will have "No Effect" on smooth coneflower. 2. Federal Species of Concern There are thirteen federal species of concern listed by the USFWS for Davidson and Montgomery Counties (Table 4). Federal species of concern (FSC) are not afforded federal protection under the Endangered Species Act and are not subject to any of its provisions, including Section 7, until they are formally proposed or listed as Threatened or Endangered. However, the status of these species is subject to change, and so should be included for consideration. Federal Species of Concern are defined as species that are under consideration for listing for which there is insufficient information to support listing. In addition, organisms T.I.P. No. B-4103, Bridge No. 416, Davidson County Page 16 which are listed as Endangered (E), Threatened (T), or Special Concern (SC) by the North Carolina Natural Heritage Program (NCNHP) list of Rare Plant and Animal Species are afforded state protection under the NC State Endangered Species Act and the NC Plant Protection and Conservation Act of 1979. Table 4 lists the FSC, the state status of these species (NCNHP list reviewed December 2, 2005, last updated January 2004), and the potential for suitable habitat in the project area for each species. This species list is provided for information purposes as the status of these species may be upgraded in the future. Table 4. Federal Species of Concern for Davidson and Mont;Qomery Counties Common Name Scientific Name NC Status Habitat .Present Carolina darter Etheostomn Collis Collis SC Yes Northern ine snake Pituo phis melauoleucus n~elanoleucus SC No Sandhills chub Semotilus lumhee SC Yes Atlantic i toe Fusconaia r~~asoni E Yes Brook floater Alasmidonta t~aricosa E Yes Carolina creekshell Vi/losa vau haniana E No Sandhills clubtail draQonfl Gore has an~idens Carolinas SC Yes Savannah lilli ut Toxolasn~a ullus E Yes Bo s icebush Lindera subcoriacea T No Ravine sedge Carea irn re.cinerria ST-T Yes Yadkin River Qoldenrod SolidaRo lumosa E No Geor is aster (C1) Aster s;eor ianus°` T Yes Heller's trefoil Lotus helleri SR-T No Notes: * This is a Federal lifted C t [axon, a [axon under consideration for official listing for which there is sufficient information to support listing. SC A Special Concern species is one which requires monitoring but may he taken or collected and sold under regulations adopted under the provisions of Article 25 of Chapter 1 13 of the General Statutes (animals) and the Plant Protection and Conservation Act (plants). Only propagated material may be sold of Special Concern plants that are also listed as Threatened or Endangered. T A Threatened species is any native or once native species which is likely to become an Endangered species within the foreseeable future throughout all or a significant portion of its range, or one that is designated as a threatened species pursuant to the Endangered Species Act. SR A Significantly Rare species is not listed as "E." "T; ' or "SC," but exists in the state in small numbers and has been determined to need monitoring. -T Throughout -The species is rare throughout its range. VI. CULTURAL RESOURCES A. Compliance Guidelines This project is subject to compliance with Section 106 of the National Historic Preservation Act of 1966, as amended, and implemented by the Advisory Council on Historic Preservation's Regulations for Compliance Section 106, codified at 36 CFR Part 800. Section 106 requires Federal agencies to take into account the effect of their undertakings (federal funded, licensed, or permitted) on properties included in or eligible for inclusion in the National Register of Historic Places, and to afford the Advisory Council on Historic Preservation a reasonable opportunity to comment on such undertakings. T.I.P. No. B-4103, Bridge No. 416, Davidson County Page 17 B. Historic Architecture A field survey of the Area of Potential Effects (APE) was conducted on May 17, 2002. All structures over 50 years of age within the APE were identified and recorded, and later reviewed by the North Carolina State Historic Preservation Office (HPO). In a memo dated May 6. 2002 the State Historic Preservation Officer (SHPO) requested that Bridge No. 416 be evaluated. The bridge was evaluated by a qualified historian and found to be eligible for listing on the National Register because it is among the oldest and most complete structures of its type and design surviving in the state. A copy of the survey is included in Appendix A. In accordance with Section 106 of the National Preservation Act, since the alternatives will have an adverse effect on Bridge No. 416 by removing it, the HPO, NCDOT, and FHWA entered into a Memorandum of Agreement (MOA) (Appendix A). C. Archaeology The SHPO, in a memorandum dated December 20, 2002 stated, "There are no known archaeological sites within the proposed project area...it is unlikely that any archaeological resources that may be eligible for conclusion in the National Register of Historic Places will be affected by the project. We, therefore, recommend that no archaeological investigation be conducted in connection with this project." A copy of the SHPO memorandum is included in the Appendix. VII. SECTION 4(F) RESOURCES Bridge No. 416 was determined eligible for listing on the National Register under Criterion C for engineering technology as one of only four Warren thru trusses functioning as swing-spans in North Carolina. The bridge demonstrates the innovation associated with NCDOT's truss bridge reuse in the early 1950s. Bridge No. 416 was built in 1920 and is eligible for listing on the National Register of Historic Places. It is a one-lane facility with a clear roadway width of 15 feet (Figure 3). The pony truss bridge has one span at 72 feet in length. The superstructure consists of a timber deck on a low steel pony truss. The substructure west end bent has timber caps, posts, and sills. The substructure of the east concrete abutment has timber risers. Since this project necessitates the use of a historic bridge and meets the criteria set forth in the Federal Register (July 5, 1983), a programmatic Section 4(f) evaluation satisfies the requirements of Section 4(f). The following alternatives, which avoid use of the historic bridge, have been fully evaluated: (1) do nothing; (2) build a new structure at a different location without affecting the historic integrity of the structure, as determined by procedures implementing the National Historic Preservation Act; and (3) rehabilitate the historic bridge without affecting the historic integrity of the structure, as determined by procedures implementing the National Historic Preservation Act. These alternatives were not found to be feasible and prudent. All possible planning to minimize harm to the historic bridge have been incorporated into this project. Measures to minimize harm include: 1. Photo documentation 2. Reuse in new location 3. Advertisement T.I.P. No. B-4103, Bridge No. 416, Davidson County Page 18 This project has been coordinated with the SHPO whose correspondence is included in Appendix A. Section 106 has been resolved and documented in the form of a MOA between FHWA, NCDOT, and HPO. The SHPO concurs with the proposed mitigation. Approval of the Programmatic Section 4(f) Evaluation by the Federal Highway Division Administrator is included in Section XI of this document. VIII. ENVIRONMENTAL EFFECTS The project is expected to have an overall positive impact. Replacement of an inadequate bridge will result in safer traffic operations. The project is a Federal "Categorical Exclusion" due to its limited scope and lack of substantial environmental consequences. The bridge replacement will not have an adverse effect on the quality of the human or natural environment with the use of current NCDOT standards and specifications. The project is not in conflict with any plan, existing land use, or zoning regulation. No substantial change in land use is expected to result from construction of the project. No adverse impact on families or communities is anticipated. Right-of-way acquisition will be limited. No relocations of residents or businesses are expected with implementation of the proposed alternative. In compliance with Executive Order 12898 (Federal Actions to Address Environmental Justice in Minority Populations and Low Income Populations) a review was conducted to determine whether minority or low- income populations were receiving disproportionately high and adverse human health or environmental impacts as a result of this project. The investigation determined the project would not disproportionately impact any minority or low-income populations. No adverse effect on public facilities or services is anticipated. The project is not expected to adversely affect social, economic, or religious opportunities in the area. There are no publicly owned recreational facilities, or wildlife and waterfowl refuges of national, state, or local significance in the vicinity of the project. The Farmland Protection Policy Act requires all federal agencies or their representatives to consider the potential impacts to prime and important farmland soils by all land acquisition and construction projects. Prime and important farmland soils are defined by the Natural Resources Conservation Service. The proposed bridge will be replaced at the existing location. No impacts to prime or locally important farmland are anticipated. The project is located in Davidson County, which has been determined to be in compliance with the National Ambient Air Quality Standards. 40 CFR Parts S 1 and 93 are not applicable, because the proposed project is located in an attainment area. If vegetation is disposed of by burning, all burning shall be done in accordance with applicable local laws and regulations of the North Carolina State Implementation Plan for air quality in compliance with 15 NCAC 2D.0520. T.I.P. No. B-4103, Bridge No. 416, Davidson County Page 19 This project is an air quality "neutral'' project, so it is not required to be included in the regional emission analysis (if applicable) and a project level CO analysis is not required. This project is not anticipated to create any adverse effects on the air quality of this attainment area. The traffic volumes will not increase or decrease because of this project. There are no receptors located in the immediate project area. Noise levels could increase during construction but will be temporary. The project's impact on noise and air quality will not be substantial. This evaluation completes the assessment requirements for highway traffic noise (23 CFR Part 772) and air quality (1990 CAAA and NEPA) and no additional reports are required. An examination of records at the North Carolina Department of Environment and Natural Resources, Division of Water Quality, Groundwater Section and the North Carolina Division of Solid Waste Management revealed no hazardous waste sites in the project area. Afield reconnaissance survey was conducted in the vicinity of the project. Based on the field reconnaissance survey there are no anticipated impacts to Underground Storage Tanks (USTs). If any unregulated USTs or any potential source of contamination is discovered during right-of-way initial contacts with impacted property owners, then an assessment will be conducted to determine the extent of any contamination at that time. Davidson County is currently participating in the National Flood Insurance Program. This crossing of Beaverdam Creek is located in an approximate flood hazard zone. This project is not anticipated to have any adverse impacts on the existing floodplain. The Flood Insurance Rate Map (Figure 6) shows the approximate limits of the 100-.year flood plain in the vicinity of the project. On the basis of the above discussion, it is concluded that no substantial adverse environmental effects will result from implementation of the project. IX. PUBLIC INVOLVEMENT Efforts were undertaken early in the planning process to contact local officials to involve them in the project development with scoping letters. Letters were also sent to various agencies. A newsletter was mailed in November 2003 to state and local officials, and local residents notifying them of the selection of the preferred alternative. No comments were received. X. AGENCY COMMENTS All agency comments have been addressed within the document. Letters from the commenting agencies are included in Appendix B. T.I.P. No. B-4103, Bridge No. 416, Davidson County Page 20 XI. PROGRAMMATIC SECTION 4(F) EVALUATION NORTH CAROLINA DIVISION FINAL NATIONWIDE SECTION 4(f) EVALUATION AND APPROVAL FOR FEDERALLY-AIDED HIGHWAY PROJECTS THAT NECESSITATE THE USE OF HISTORIC BRIDGES F. A. Project BRZ-2550(11 State Project 8.2604601 WBS No. 33459.1.1 T. I. P. No . B-4103 Description: Bride No. 416 over Beaverdam Creek on SR 1550 (Badin Lake Road) is eligible for listing in the National Register of Historic Places Yes No 1. Is the bridge to be replaced or rehabilitated with Federal Funds? X 2. Does the project require the use of a historic bridge structure which is on or eligible for listing on the National Register of X Historic Places? 3. Is the bridge a National Historic Landmark ? ~ X 4. Has agreement been reached among the FHWA, the State Historic Preservation Officer (SHPO), and the Advisory Council on Historic Preservation (ACHP) through procedures pursuant to Section 106 of the National Historic Preservation X_ Act (NHPA)? ALTERNATNES CONSIDERED AND FOUND NOT TO BE FEASIBLE AND PRUDENT The following alternatives were evaluated and found not to be feasible and prudent: Yes No 1. Do nothine Does the "do nothing" alternative: a. correct the problem situation that caused the bridge to ~ X be considered deficient? b. pose serious and unacceptable safety hazards? X T.I.P. No. B-4103, Bridge No. 416, Davidson County Page 1 ?, Build a new structure at a different location without affecting the historic integrity of the structure. a. The following reasons were reviewed: (circle, as appropriate) Yes No X (i) The present bridge has already been located at the only feasible and prudent site 3 and/or (ii) Adverse social, environmental, or economic impacts were noted and/or (iii) Cost and engineering difficulties reach extraordinary magnitude and/or 'v) The existing bridge cannot be preserved due to the extent of rehabilitation, because no responsible party will maintain and preserve the historic bridge, or the permitting authority requires removal or demolition. Rehabilitate the historic bride without affecting the historic X integrity of the structure. a. The following reasons were reviewed: (circle, as appropriate) (i) The bridge is so structurally deficient that it cannot be rehabilitated to meet the acceptable load requirements and meet National Register criteria and/or (ii) The bridge is seriously deficient geometrically and cannot be widened to meet the required capacity and meet National Register criteria MINIMIZATION OF HARM 1. The project includes all possible planning to minimize harm. 2. Measures to minimize harm include the following: (circle, as appropriate) a. ~ For bridges that are to be rehabilitated, the historic integrity of the bridge is preserved to the greatest extent possible, consistent with unavoidable transportation needs, safety, and load requirements. b. For bridges that are to be rehabilitated to the point that the historic integrity is affected or that are to Yes No X T.I.P. No. B-4103, Bridge No. 416, Davidson County Page 2 be removed or demolished, the FHWA ensures that, in accordance with the Historic American Engineering Record (HAER) standards, or other suitable means developed through consultation, fully adequate records are made of the bridge. cO. For bridges that are to be replaced, the existing bridge is made available for an alternative use, provided a responsible party agrees to maintain and preserve the bridge. O For bridges that are adversely affected, agreement among the SHPO, ACHP, and FHWA is reached through the Section 106 process of the NHPA on measures to minimize harm and those measures are incorporated into the project. Specific measures to minimize harm are discussed below: a. Prior to removal, NCDOT will record the bridge in accordance with the Memorandum of Agreement Historic Structures and Landscape Recordation Plan (Appendix A). b. A proposed recipient is the City of Albemarle. The City has T-21 Enhancement funds and plans to use the bridge as part of the second phase of a greenway project to span a creek. No other groups have expressed an interest in the bridge, there fore the City has a priority. A plan for relocation will be developed by all parties on the contact list which will be subject to review and approval by NCDOT. Contact Isist: Potential Recipient: City of Albemarle Lindsey Dunevant Director, Albemarle Parks and Recreation Department P.O. Box 190 Albemarle, NC 28002 TEL: (704) 984-9562 FAX: (704) 982-0179 ]dunevant @ ci.albemarle.nc.us Richard Silverman NCDOT Historic Architecture 1583 Mail Service Center Raleigh, NC 27699-1583 TEL: (919) 715-1618 FAX: (919) 715-1501 rlsilverman @dot.state.nc.us T.I.P. No. B-4103, Bridge No. 416, Davidson County Page 3 George L. Teague Division 9 Bride Superintendent 515 Camp Road Salisbury, NC 28147 TEL: (704) 639-7555 FAX: (704) 639-7582 gteague@dot.state.nc.us John Conforti NCDOT Consultant Engineer 1548 Mail Service Center Raleigh, NC 27699-1548 TEL: (919) 733-7844 x263 FAX: (919)733-9794 jconforti @dot.state.nc.us Pam Williams Consultant Engineer Mulkey Engineers & Consultants P.O. Box 33127 Raleigh, NC 27636 TEL: (919) 851-1912 FAX: (9l 9) 851-1918 pwilliams@mulkeyinc.com Bob Smet Natural Resources Specialist, Alcoa P.O. Box 576 Badin, NC 28009-0576 TEL: (704) 422-5644 FAX: (704) 422-5776 robert.smet @ alcoa.com c. If the City of Albemarle does not accept the bridge then the following will be implemented: i. The existing pony truss bridge will be disassembled and moved to a storage area as designated by NCDOT. The bridge will be stored for up to 2 years. If a new recipient is not found, the bridge will be destroyed. ii. The bridge will be advertise on the NCDOT Bridge Reuse website for a least two years or until a new owner is identified and accepts the bridge in accordance with NCDOT's Historic Bridge Relocation and Reuse Program. Note: Any response in a box requires additional information prior to approval. Consult Nationwide 4(f) evaluation. T.I.P. No. B-4103, Bridge No. 416, Davidson County Page 4 COORDINATION The proposed project has been coordinated with the following (attach correspondence): a. State Historic Preservation Officer --~- b. Advisory Council on Historic Preservation .~--- c. Local/State/Federal Agencies -~- d. US Coast Guard NSA (for bridges requiring bridge permits) SUMMARY AND APPROVAL The project meets all criteria included in the programmatic 4(f) evaluation approved on July 5, 1983. All required alternatives have been evaluated acid the findings made are clearly applicable to this project. There are no feasible and prudent alternatives to the replacement of the historic bridge. The project includes all possible planning to minimize harn~, and there are assurances that the measures to minimize harm will be incorporated in the project. All appropriate coordination has been successfully completed. Approved: 12.22• Date nvironmental M Bement Director, Project Development and Environmental Analysis Branch North Carolina Department of Transportation 12~- 22-~~7 , Date k`' Division Administrator Federal Highway Administrator T.I.P. No. B-4103, Bridge No. 416, Davidson County Page 5 .~ i~ i (~ ~ ~\ __-____-_Dovldson_Counly_ \~ ____I ~_ ~` i -M~ptgomery Counfq - SR ns ~__ ~~ ~, - ~~ ~'1 ~ UWHARRIE i NATIONAL i FOREST ~ a~ ,„ ~~ -, `,, ~ _ , .~ ( _ _ - , _J~ _-- - f Q \ _ ~ n ~ ~~ -~____p as ( ` .,~ ,09 ~ ~ ~~~ ~~ g+~ -~ ~ ~ ~~c ~ '1 ~ j i .~ ~I~ \~ ;~~ ~ \ - C it v\ 4 , y1o t _ .,~ ~ _.~-- `ii -- Bridq~, ~o. 416 -~ I ° ~ ~ N ~ ~~;/~ ~ ~ 1 (~~.. ~° ~ i ~I ~ ~ ~ - ~ f ~ i U ~ i i i ~i SR a5~a ~I i Badin Lake Rd SR 2550 i ~' ~ °~ q ~edin Lake R ~ ~ ~~~\ 1 ~• f R 2550 ~ 4 ? --_ L -------- - - ~-* L °" ---------------, ----°--------- -1 _- - ----° - -- ---- 2 y ~, .~ \ 1 , R 1156 ios ~ SRr1161 j Blaine d \/ laine RT .~ / ,, ~ ~ i ~ L .a ` - ~ wu ~~~ ~~, _ ~, ~ ~1 ~ain ~ ,, SR 11 53di~, ~3n~~ - lame .Rd. ~ ~s"~~ ~~ PROPOSED DETOUR ROUTE ~~~ ~M~rWT ~1 9 ~ _+e_Yie' tm .:~~ ~,~ T~. ~~< :~~ ~r ti.1.' ~:', ~~:,~~ .~. North Carolina Department of Transportation ~~~~~ Project Development & Environmental Analysis DAVIDSON COUNTY BRIDGE N0. 416 ON SR 2550 (BADIN LAKE ROAD) OVER BEAVERDAM CREEK 8-4103 FIGURE 1 ``~ \u Legend Roads `` Streams water Uwharrie Natiorel Forest Courrty Boundary e ~ ~ ~~ o Rye m '~~°~' 7 IL.: .~ ~ 'Cp^ A 4 ~t~,, +F ~ ~~. J I t tu. ti .. ~ Y f ~ ;. V 3.'! ~ ~ .~ ll ~ ~ ' f~/ ~ ~ ~ f ~fiM f:` ~ i1~ l~~r. /~ '+~~ 1~ ^j - ~ Y,~ ~ ~;~ ~.. ~:~ q , ;, ~'; _ `~ ~'` f .~~ ~' 4 }~ 1 ~ 4'\:,; ~~ . ~~i 111 National Forest Boundary B-41o3 Figwre No. Bridge No. 416 On Badin Lake Road Over Beaver Dam Creek Davidson Coun North Carolina Prepared For. ~;~,~ ' • ~ d~~ Feet y~ 0 750 1,500 3,000 4,500 6,000 `q,d~~ T.LP. No. B-4903, Federal-Aid Project No. BRSTP-2550(1), State Project No. 8.2604601 Davidson County, SR 2550 (Badin Lake Road). Bridge No. 416 Over Beaver Dam Creek FIGURE 3 Side view of Bridge No. 416 View looking across Bridge No. 616 ~~ ~ _~ ~ ~_ 0. ~ ~ ~ ~ ~_, ua ti ~ ':3 ~ C 1 a~ jjj t -= e. . ~. ~ ,,. t ~. .~w ~ ~ :: < :.. ~~ ~s .~ r ., ,, -x :. ~~ k ' r `x a _ ti '~..- ~ ~ •~ :. ,. -- . ~' '~ ~; ', ._ ~; ~}, 4 Y ~.u ~ - -~ ~ ~, :.~. ..._ >. ~ f v r .» ~ r ~. a.. y_ ~t w4 w' _ y~~ c ~~ ~ s ~ ~ „ -~ ~. _~, <. _~ .. =i~ R r r ~S ~. T < ~~ ~' e „ .. •n'~ `„ ~k!` ~- 7y~ .~ e w; +~,~ .~, ;,,,~- ~ . ~ ,~ ~~. ~ -.~~`'" ~ a ~~ ~ ~: _ ~ ~ t, c ~ 3.s.a ~ A. _ s ~ q ~' r5 e E ~~ ~ ~ ~ ~ ~ ~ ~ ~~e- ,. ~ ~ ~ t3 C) _. ~ ~ ~~ L___~ ~ ~ ,z~i+ ~ ~si. ~~ ~ ~ s ~, ~~~ a ~a~, "Y e ~ .~ Yyi:~' ~ ~~ <~. .. ~~ ~~_. ~." -~~ ~~ c ~ _ ~''s o ~ `~' ~. ~ ~ ~.`~ a~,~.~°~. fir:-'~~k ,;.' yam.' ~r .; :.r ~ '. a , 1 ~ ~ 4 ~ .. .,.. ~ ' -,. - ~~ - ~. ;~ x. 7 `~ ~` - , - y 7 '.- ' rr - ~ ~ I~ „fir'' 4 ~~ b va ~ • r. ~~.~ .». .1^+f `Y - ~ .~1 ~ Mho .ymow,, •' T~ ~ ~t'~ ~ R si .~'' ~ 'Ei ~ r ,....e ' ^ '~F .. ~ .. <, ~, , re 4 ~ ~~ ~ a: ~ ~. ~ ter; : > f d ~ o r ~ ' o u ~~a C w Et ° E ~ 9 ~ ~~YLL O DC ~ O l N ` ~ c t C d ga~~20 w ~'O C$ o E n Q sq:~~ U ~E$o$ w 5~ E Eu. o~ a ~ ~ ~~~w o goi ~~ a ~ wr4~Y Q `o~Eg~ ~LL t ~ O O OI U 5 ~ £ n ~~ E O O E o LL N o«c$E 0 m m a CQ 0 C F e ~~o~a ~ ~ v ~ QPQ~ ~ ~ a °~' o ~ X . W Z ' 0.i Q ~ Cz, O ~ N O w O ~ N F- ~ H Z cn ~ z O PoPO ~ ,~ Q w ~ °~ w > r ~ ~ w° ~a a ~ z ~Z ~ Q ~ O m Fork S aS~ ~ ~ ~ U ~' ~, ~ Q w a GP~~~ ~ W a ~ N t'~Pa~s ~ Q~~E r ~°t~ o ti U y ALIs a 0 ROAD h '~ C w = yl ~ Eb3~ W p ~ O u ~O G ~ ~/1 W a n ~ g= COO ~ '~ O ~~S Z~ t O p N W ^ m C u w ? ~ z z Q i 1 w ~ E e p F ~ CWO 9 m p ~ F ~ (g ~ c~ ~ ^ Z ~ 0 ~ ~ ~ a ~ i `~+~ FE~ ~ H q o o = ~. zU~ ~ .~ x o ~ ~~ m d z x ~o O A ~' z ~ $ ~~ B ~~~ w o z O ~i ~' 6 O Q A z a =~ o~. ~ ar~~~ SI8 ~ °~a~ ~~~ '~ v w W (~ V APPENDIX A MEMORANDUM OF AGREEMENT ~~ 11i05.~2004 15:08 NC DOT PDEA ~ 98511918 Nu.~yy Wes Y ' MEMORANDUM OF AGREEMENT AMONG THE FEDERAL ffiGH'VirA'SC ADMINYSTRATION AND NORTH CAROLINA STATE ~Y)(STORIC PRESERVATION OFFICER FOR TIP No. B-4103 REFLACE BRIDGE N0.416 OVER BEAVER DAM CREEK DA'V~SOl~ COUNTY, NC VVT~EREAS, the Federal Highway Administration (FHWA) has determined that the replacement of Bridge No. 416 aver Beaver Dam Creek on SR 2550 (Badim Lake Road) in Davidson County, North Carolina {the undertaking,) will have an effect upon Bridge No. 41b, a property determined eligible for listing in the National Register of Historic Places, and has consulted with the North Carolina State Historic Preservation Officer (SHPO) pursuant to 36 CFR Part $00, regulations implementing Section 106 of the National Historic Preservation Act (16 U.S.C. 4701); and WHEREAS, the North Carolina Department of Trausportatian {NCDOT) and Alcoa Power Generating, Inc. participated in the consultation and have been invited to concur in Wis Memorandum of Agreement; NOW, 'Y')(IEREFORE, FHWA and the North Carolina SHPG agree that the undertaking shall be implemented in accordance with the following stipulations in order to take into account the effect of the undertaking on the historic property. STIPULA7TONS FH'W'A will ensure that the following measures are carried out; 1. Bridge No• 416 A. Recordation: Prior to the removal and relocation of Bridge No. 416, NCDOT shall record the existing condition of the bridge and its surroundings in accordance with the attached Historic Structures and Landscape Recordation Plan [Appendix Aj. 8. Relocation and Reuse: Bridge No. 416 will not be demolished. Instead, the bridge will be relocated through the NCDOT Bridge Relocation and Reuse Program. NCDOT's 1988 agreement with the North Carolina Historic Preservation Office (HPO) and the Federal Highway Administration {FHWA) affords the opportunity for the relocation and reuse of historic truss bridges. Bridge No. 416 has been identified as an excellent candidate for this program. 11i05i2004 15:08 NC DOT PDEA ~ 98511918 N0.299 D04 lY. Dispute Resolution: Should the North Carolina SHPO object within (30) days to any plans or documentation provided for review pursuant to this agreement, FVV'l~A sha11 consult with the North Carolina SHPO to resolve the objection. If FHWA or the North Carolina SHP4 determines that the objection cannot be resolved, FHWA shall forward all documentation relevant to the dispute to the Advisory Council on Historic Preservation (Council). Within thirty (30) days after receipt of all pertinent documentation, the Council will either: A. Provide FI-iWA with reconunendations which FHWA will take into account in reaching a final decision regarding the dispute, or H. Notify Fr1WA that it will comment pursuant to 3G CFR Section 800.7(c} and proceed to comment. Any Council comment provided in response to such a request will be taken into account by FHWA in accordance with 3b CFR. Section 800.7 (c) (4) with reference to the subject of the dispute. Any recommendation or comment provided by the Council will be understood to pertain only Oo the subject ofthe dispute; FHWA's responsilnlity to carry out all the actions under this agreement that are not the subject of the dispute wYll remain unchanged. Execution of this Memorandum of Agreement by FHWA and the North Carolina SHPO, its subsequent filing with the Advisory Council on Historic Preservation, and implementation of its terms evidence that F~Y'U~A has afforded the Council an opportunity to continent on the Replacement of Bridge No. d 16 Aver Heaver Dam Creek, Davidson County, North Carolina and its effects on Bridge No. 4] b, and that FHWA has taken into account the effects of the undertaking on the historic bridge. 2 '~ 11i05.~2004 15:08 NC DOT PDEA -~ 98511918 AGREE: NU. ~'jy Wb~ FEDETtA~. ~iIGHVVA'Y' A.DMYNI TRATION DATE ~8 11 NORTH CAROLW TOR1C PRESERVATION O~'FTCER ATE CONCUR: 9' ~ NORTH CAROLINA DEPAR OF TKANSPQRTATION DATE d V~ 5 ~ ~ ~-- ~ 20 ~~ AL OA POWER CrENERATIIVG, INS. DATE FIY,ED BY: ADVISORY CQUNCP~. ON T~TS7URIC I'RES£RVATION DATE 3 11105+'2004 15:08 NC DOT PDEA -~ 98511918 N0.299 f~bb APPE1~bTX A Historic Structures and Landscape Recordation Plan For Bridge No. 416 over Beaver Dam Creek Davidson County, North Caralitaa T1P No. $-41Q3, WBS# 33aS9.1.1 State Project No. 8.26046U1 Federal Aid No. >3R.Z-2550(1) Pbotogxaphic Requirements • Overall views of the pmject area, showing the relationship of the bridge to setting • Overall views ofthe bridge (elevations and oblique views) t Selected photographic views of the bridge, including details of the connections and bridge plate (if present) • Views under the bridge - as accessible Pbotograpbic Format • Calar slides (all views) • 35 mm or larger black and white negatives (all views) • Two (2) sets of black and white contact sheets (all views) • All processing to be done to archival standards • All photographs and negatives to be labeled according to Division of Archives and History standards Copies and Curation One (1) set of all photographic documentation will be deposited with the North Carolina Division of Archives a»d HistorylState Historic Preservation Office to be made a permanent part of the statewide survey and iconographic caUection. One comact sheet shall be deposited in the files of the Historic Architecture Section of NCDOT. 4 • 11/05/2004 15:08 NC DoT PDEA ~ 98511918 U.S. QEPARTMENT OF TRANSPORTATION t or Tay, Federdt Highway Admtnlst-atton ~~ 9; 310 New Be-n Avenue, Sulks 410 Q Raleigh, NC 27601 C]ctober 19, 2004 ~~ ~~~` +r~rea of Mr. Don Klima, Director C)ffice of Planning and Review Advisory Council on Historic Preservation The Qld Post QfFce Building 1100 Pennsylvania Ave., N.W. No. 809 Washington, Q.C. 20U04 NU.G77 to ~)Nn^C IN REW.Y AEP2Q TO: HDA NC Subject: Memorandum of Agreement, for the replacement of Bridge No. d16 an SR 2250 (8adin take Road) over Beaver Dam Creek, Davidson County, North Carolina, Federal-aid Project No. BRZ 2550(1), TIP No. B-4103, State Project No. 8.2604501. Dear Mr. Klima: As required by 36 CFR 800.8(b)(iv) and previous correspondence between our offices, we are filing the Memorandum of Agreement (MQA} that was developed in consultation with the North Carolina State Historic Preservation Officer foc the subject project. It is our understanding that the filing. of this MOA with the Qouncil completes our compliance responsibilities under Section 106 of the Na#ional Historic Preservation Act. Questions concerning this submittal may be directed to Felix Davila of this office at (919) 856-4350, extension 106. Sincerely yours, ~~ ~~ Far John F. Sullivan, III, P.E. Division Administrator Enclosure cc: Stacey Harris, NCDO7, PDEA Renee Gledhill-Earley, NCSHPO Mary Pope Furr, NCt~4T Vk'JG APPENDIX B CORRESPONDENCE ~~".,..'^~ United States Forest National forests in North Carolina 160A 7rllicoa Strcet ~~~ Department of Service Supervisor's Office P.O. Boa 2750 Agriculture Asheville, NC 28802 828-257-4200 File Code: 2730-2 Date: May 8, 2003 Mr. Randall Turner North Carolina Department of Transportation Project Development and Environmental Analysis 1548 Mail Service Center Raleigh, NC 27699-1548 Dear Mr. Turner: We have reviewed the information you submitted on Apri128 for the Forest Service to prepare a cost proposal for completing a Biological Evaluation on replacing Bridge No. 416 on SR 2550 over Beaverdam Creek in Davidson County (TII' No. B-4103). This bridge and proposed detour routes, on the plans you submitted, are all located on private land. However if the detour routes change and are proposed for north of the existing bridge, National Forest system lands could possibly be impacted and we would need to be involved in the project. If you have any questions please call Ray Johns at 828-259-4859. Sincerely, Nee.s~, A. NOEL MAR Recreation, Lands and SYVP Staff Officer cc: Tom Horner, Uwharrie Ranger District Caring for the Land and Serving People Prinoea on Recycled Paper 07i1~,i2003 12:56 NC DOT PDEA ~ 98511918 N0.299 D02 r P ~~ t p e9 cw~+ United States Department of the Interior FT51"I AND WILDI.1~ SERVICE Asheville Field Office 160 7rllicoa Street Asheville, Noah Carolina 28801 Juiy 11, 2003 Mr. Gregory J. Thorpe, Ph.D. Environmental Management Director, PDEA North Carolina Department of Transportation 1588 Mail Service Center Raleigh, North Carolina 27699-1548 Deaz Mr. Thorpe: JAL ! 6 20Q3 Sub}ect: Endangered Species Concurrence for Three Bridge Replacements in North Carolina--B-4103, Bridge No. 416 on SR 2554 over Beaver Dam Creek, Davidson County; B-4255, Bridge No. 28 on NC $Ul aver Withrow Creek, Ro~tvan County; and B-4282, Bridge No. 54 on NC 6b over ]'inch Gut Creek, Stokes County As requested by Mulkey Inc., engineers and ca~sultants for the North Carolina bepartment of Transportation, we have reviewed the natural resources information and biological conclusions for federally protected species for the subject projects. We provide the following comments in accordance with the provisions of section 7 of the Endangered Species Act of 1973, as amended (16 CJ.5.C.1531-1543) (Act), and the Fish and Vdildlife Coordination Act, as amended {16 U.S.C. 6b1-b67e). .8-4103 (dog Ntrnd-bcr 4-2-03 332) According to the information provided, three federally listed species in Davidson County were considered. These include the etidangered Sehweinitz's sunflower (Heltanthus schweiniraij~, the threatened bald eagle {Haliaeetus leucocephalus), and the threatened. (due to similarity of appearance) bog turtle (Clemmys rnuhlenbergii). The report considered these species and concluded that there would be "no effect" on the bald eagle, Schweinitz's sunflower, or bog turtle. Given the results of the field sur~'ey, we concur with the conclusion of "no effect" for the Schweinitz's sunflower and bog turtle. In view of this, we believe the requirements under seciian 7{c) of the Act are fulfilled regarding this species. I~owever, obligations under section 7 of the Act 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, {2) this 07i16i2003 1.2:56 NC DOT PDEA ~ 98511918 N0.299 .D03 i I action is subsequently modified in a manner that was not considered in this review, or (3) a new species is listed or critical habitat is determined that maybe affected by the identified action. Regarding impacts to the bald eagle, this project is located very neaz Badin Lake, which provides suitable habitat for eagles. Surveys for bald eagles in the vicinity of this project were last conducted in 2001. $ecause it has been two years since these surveys and because there has been an increase in eagle activity in this part of the Yadkin River basin, we believe it would be prudent to resurvey for eagles prior to beginning work on this project. Therefore, at this time we cannot concur with a conclusion of `ho effect" for this species. We recommend resurveying for the bald eagle, coordinating with the North Carolina Wildlife Resources Commission and Alcoa Power Company with regard to the latest monitoring data they have collected for eagle nests and ~ foraging areas. B-4255 (Log Number 4-2.03-333) ~~~ According to the information provided, two federally listed species ' Aavidson Co ty were considered. These include the endangered Schweinitz's sunflower ( chweinitzii) and the threatened bald eagle (Haliaeetus leucocephalus~l. The report considered these species and concluded that implementation ofthe subject project would be "not likely to adversely affect" the bald eagle or Schweinitz's sunflower. Given the results of the field survey and the habitat conditions iu the action area, we concur with the conclusion of "not likely to adversely affect" for the Sehweinitz's sunflower and bald eagle. Yn view of this, we believe the requirements under section 7(c) of'the Act are fulfilled regarding ttus species. However, obligations under section 7 of the Act 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, (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 is determined that may be affected by the identified action. B-4Z82 (4og Number 4-Z-03-33a} According to the information provided, three federally listed species in Stokes County were considered. These include the endangered Schweinitz's sunflower (Helianthus schweinitair~, lames sgirtymussel (Pleurobema collirur), and small-anthered bittereress (Condamine . . .. ,~ . ,,,~..~ifCy'Qnthertt). The report considered these species and concluded that this project would have "no effect" an them.. Given the results of field surveys, we concur with the conclusion of "no effect" for the Schweinitx's sunflower. >ri view of this, we believe the requirements under section ?(c) of the Act are fulfilled regarding this species. However, obligations under section 7 of the Act 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, (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 is determined that may be affected by the identified action. According to information provided, mussel surveys were conducted in Pinch Gut Creek from 250 feet above to SOQ feet below the project location. Pinch Gut Creek flows into Big Creek approximately one-quarter of a mile downstream of the project area. Although the names 07i16i2003 12:56 NC DOT PDEA ~ 98511918 N0.299 D04 t spinymussel has been found only in the main stem of the Dan River, other native fresh ,at~r mussels have been found in Big Creak, Criven the difficulty of surveying for the Jame'-' --- spinyrnussel and the relative lack of surveys in Big Creek, vre strongly recommend an additional mussel surrey from the end of the previous survey downstream to Big Creels prior to project cotjstructian. Sinularl th all-anthered bittercress, while not located in surveys conducted in ~_-002, sou d have relocated to the project site from an upstream location during recent high flows. We also strongly recommend that a preconstruction survey (at the appropriate tune of year) be conducted far this species. At this time we cantwt concur with a conclusion of "no effect" for the James spinymussel or small-anthered bittereress and reconunend further surveys as described above. ~ if you have questions about these comments, please contact Ms. Marella $uncick of our staff at 828/258-3939, Ext. 237. Iri any future correspondence concerning these projects, please reference the log numbers assigned with our comments about each of the thres~pro}eels. S~in~cerely, Brian 1', Cole State Supervisor cc: Mr. Eric Alsmeyer, U.S. Army Corps of Engineers, Raleigh Regulatory Field Office, 6508 Falls of the Neuse ]:toad, Suite 120, Raleigh, NC 27G 1 S Ms.lvlarla J. Chambers, Highway Projects Coordinator, North Carolina Wildlife 1esources Commission, 12275 Swift Road, Qakboro, NC 28129 Ms. Cynthia'Uan Der Wiele, North Carolina Aepartment of Environment and Natural Resources Division of '17Vater Quality, 'W'etlands Section, 1621 Mail Service Center, Raleigh, NC 2?649-1621 .:,,ewMNiaw1~'~~' ... Y r , i '~ r From: Marella_Buncick@fws.gov rl Sent: Monday, January 05, 2004 1:07 PM To: Randy Turner Cc: chambersm@mail.wildlife.state.nc.us; Pam Williams Subject: Re: B-4103 (Montgomery/Davidson Counties) Re: bald eagle Hi Randy, Even though I'm not entirely sure where this is, I am comfortable with the Alcoa survey and report data as a basis for eagle activity assessment in the High Rock, Tillery, etc. chain. I still would suggest a look be given prior to actual construction to make sure nobody has moved in to the neighborhood in the meantime. marella marella buncick USFWS 160 Zillicoa St. Asheville, NC 28801 828-258-3939 ext 237 From: "Randy Turner" <rturner@mulkeyinc.com To: <Marella Buncick@fws.gov>, <chambersm@mail.wildlife.state.nc.us> cc: "Pam Williams" <PWilliams@mulkeyinc.com> Subject: B-4103 (Montgomery/Davidson Counties) Re: bald eagle Date: 01/02/04 02:08 PM Marla, I took your suggestion to heart and contacted Yadkin, Inc. They sent me their 2002 annual report. This report provides specific locations for the nest sites on color maps and also color photography. They have also completed a 2003 survey and verbally stated that only 1 additional nest site was found, but it was further from the subject bridge than the other nest sites. I just completed a map mosaic, which depicts the known nest sites in relation to the bridge location. The closest nest site is over 2 miles from the bridge on SR 2550 (Beaverdam Creek). Marella, If these data are acceptable to you, I plan on building a "May Affect, Not Likely to Adversely Affect" conclusion based upon the findings of the referenced report issued by Alcoa Power Generating, Inc/Center for Conservation Biology, College of William and Mary. I don't want to reinvent the wheet. This report appears to be comprehensive and the data based on good science. I will of course provide a copy of the report and will exerpt germane information from the report in my biological conclusion. M. Randall Turner Manager, Natural Resources Group Mulkey Engineers & Consultants 6750 Tryon Road Cary NC 27511 919-858-1795 ? direct 919-851-1918 ? fax www.mulkeyinc.com "Marking 10 Years of Engineering Success." ~ ~ ~ 1 v~ax~~~ •U.S. Department of Transportation ',f• ~~ f United States Coast Guard Commander United States Coast Guard Atlantic Area 431 Crawford Street LI Portsmouth, Va. 23704-5004 ~ •"- 7~0 Staff Symbol: (Aowb) Phone: (757)39&6587 03 DEC 02 '~~ ~l ~' ~~ Mr. Gregory J. Thorpe, Ph. D. North Carolina Department of Transportation 1548 Mail Service Center Raleigh, North Carolina 27699-1548 Dear Mr. Thorpe: Dfr ~ ~ 2602 ,; L.,. pZ .s ~,~~ r ~ •~~;~;L ~~A~{S This is in response to yo~~r letter dated October 24, 2002 requesting the Coast Guard to review the proposed projects to replace the following nine bridges: Black River Over Flow, Black River, Jenny's Branch, Beaver Dam Creek, New River, Stone Creek, N.E. Cape Fear River, Withrow Creek and Pinch Gut Creek all located throughout North Carolina. The Coast Guard Authorization Act of 1982 exempts bridge projects from Coast Guard bridge permits when the bridge project crosses nontidal waters which are not used, susceptible to use in their natural condition, or susceptible to use by reasonable improvement as a means to transport interstate commerce. Such conditions for some of these waterways were confirmed in a telephone conversation on November 27, 2002. Due to this, the bridge projects on Beaver Dam, Withrow, and Pinch Gut Creeks and Black River Over Flow are exempt, and will not require Coast Guard Bridge Permits. Black River, Jenny's Branch, and Stone Creek are subject to tidal influence and thus considered legally navigable for Bridge Administration purposes. But these waterways also meet the criteria for advance approval waterways outlined in Title 33, Code of Federal Regulations, Section 115.70. Advance approval waterways are those that aze navigable in law, but not actually navigated by other than small boats. The Commandant of the Coast Guazd has given his advance approval to the construction of bridges across such waterways; therefore, an individual permit will not be required for these projects either. Further information is required to assess the bridge replacement projects over the New River and the North East Cape Fear River. Such information as, is the waterway affected by lunar tides? Is there any commercial navigation? What types and sizes of boats operate on the waterway? Bridge Permits may be required based on the answers to these questions. If a permit is required, a higher level of environmental review will also be required. The fact that Coast Guard permits are not required for some of these projects does not relieve you of the responsibility far compliance with the requirements of any other Federal, State, or 16590 03 DEC 02 local agency who may have jurisdiction over any aspect of the project. If you have any questions, please contact Terrance Knowles at the phone number or address show above. Sincerely, i _ ANN B. DEATON Chief, Bridge Administration Section By direction of the Commander Fifth Coast Guard District 2 .•,~~Nt Or ~tii ` ~ ~ UNITED STATE3 DEPAFITMENT OF COMMERCE National Oceanic end Atmospheric Adminiatret{on r N4TIONAt MARINE rISH~RIES SERVICE ~',~~~~~'~ Habitat Conservation Division 101 Piver; Island koad Beaufort, North Carolina ?~51(~-~>?~= DCC 0 9 2QC2 December 6, 2UU~ Gregory J. Thorpe, Ph. D. Lnvironmental lt1anagement Director Project Ucvclopment and Environmental ~nalytiis Branch NC Department of Transportation 1548 Nlail Se~'vicc Getter Raleigh, North Carolina 27699-1 S~1R Attention. John VVadswc~rth.. ['.E. bear l~r Thorpe '['he rational I~1arine Fisher;es Service (NnAA h~isheries) has reviewed your Uctolxr ~=t. ~t~U?_ letter reduestinz comments on eight hridge replacement projects included in the Ne~nl~ Ci:ic~h~ta Department of Transportation 200?_-2008 "transportation Iniprovcment Plan ~1'e undersl~u~ci tl~n the rCDUT is prr:paring the planning and environmental studies ncccs~zry m process tlte,e i~ro~c•ct~. as Categorical Exclusions and offers the following comments for your consideration The environmental documents for these projects Should address rt~easur~s desi~,ned to a~ i)id atd minimize loss of open ti~•ater and wetlands that support fishery resources In adJition_ ~~, r' suppclrt findings contained in the Il9ay ~, 2002- letter from the Wilmington Ui~trict, U.S :~rnr~• (_ ~~r~~ of End-ineers. which identified the ft~llowin, issues and concerns as being relevam ro the >i~rrrrc~~2d bridge replacement projects - Repl~tein~! bridges with culvcr-t~ - Permanent and temporary wetland losses - Uffsite versus onsite detours - Time of year restrictions on instream v~'ork - Treatment irl'~a•etland restoration areas - t~~citing bridge dentoiition and removal - Lengthening e.yistin~, bridges as a Wetland restoration measure Grc,up 1 -The iollo~•in~; projects u~ill have net impact on resources t~~r ~~~hii:h Nt~:1-~ Fiyhe- ii•~ ]~~~: stewardship responsibility; therefore, v~•e have nn cotrnnents: P~i~ued nn Recycled Pnper ,~ a..~o;,,r :• _~ ~r ~ • 9 E ~ 3 r p 4~~ 4iri P Bridge Number No. 4l6 No 28 No. 54 Project Number B - 410, B - 4255 B - 4282 County Davidson County Rowan County Stokes County Group 11- "fhcse projects have the potential to affect fishery resources and their associated habitat for which N(.~.~ Fisheries has stewardship responsibility: Bridge Number Project Number Count}' N~. 12 B - 1382 Sampson County No 26 B - 1382 Sampson County No. 72 B - 403 ] Brunswick Cat,nty Nc~ 24 B - 4214 Onslow County No ? 1 B - 4223 Fender County Bridges I2, 2G, 21 and 24 are located in the Cape Fear and New River besins anil in areas which provide habitat fur anadromous fishery resources including American shad and river herring fridges 72 and 24 are located in areas with brackish to saline water. that also support estuarine dependent fishery resources such as spot, Atlantic croaker, and blue crab. In addition, these projects may affect Cssential k'ish H~tbilli for Federally managed species such as red drum and sl~r•i,np which-.are ma»aged by the South Atlantic Fishery Management Council, and summer flounder ~.~hicl, is managed by the Mid-Atlantic Fishery Management Council. Accordingly, eve recommend that an l~ssential Fish Habitat Assessment be included in any environmental document for tl~eae prc~je~tti Spawning and nursery habitat #'or anadromous and estuarine fishes may be adversely impacted U~• these projects unless measures to avoid and minimize impacts to waters and wetlands are included in the project plans. Therefore, NOAH Fisheries may recommend against .Department of the Army authorization of these projects under Nationwide Permit 23 unless the follow•in~ recam,nendatioi~s are incorporated . . 1. following impact avoidance and minimization, unavoidable wetland losses shall be offset throu~> in,ple,r,entation of'a compcnsatory,nitigation plan that has been approved by the Co~~p~ of Cngineers and in consultation with NnAA Fisheries. 2 .411 cemstiucaion activities in waters and associated wetlands shall utilize techniques that avoid and mi,~imize adverse impacts to those systems and their associated flora and fa„na AlthouYll the stated purpose of the project is to improve timber production. +~o inf~rmati~~Ti i~ provided regarding any ongoing silviculture operation: Furthermore, there is nn indication of existence of'a forest management plan for the site which might indicate that the existing excavati~~n and filling of tivettands is in compliance with the Clean Water Act (CWr'~), Sectie~n 401 (t)(I }{,.~1 exemptions for silviculture NO~'1.A Fisheric5 concludes that the loss of wetlands at this site is highl~• detrime~ztal to commercially, recreationally, and ecologically important fishery resources that utilize thi; New port 12iver Therefore, we recommend that Department ofthe Army authorization not he granted in this case. 1•Ve ft~rther reeomrnend that if authorization is denied, the applicant should he required te; restore pre-project elevations and contours and restore, through planting and other measures, all impacted wetlands. Thank you for the opportunity to provide these comments. Related questions or comments should be directed to the attention of Mr. Ronald S Sechler at our Beaufort Office, 101 livers lslnnd Read, Beaufort, North Carolina, or at (252) 728-5090. Sincerely. i Andreas Mager, Jr. Assistant Regional Administrator habitat Conservation Division 4 !! _ ~ i ~ . _~i ~ -` r, 'J ; " ~ 1 Ill ~~t . 4. ~ J ~ ri .~L ! i '! ~f~ ! i t' ' _ i.~+~. '~ ~ ~ _ F - ... _. .1 ~_... . s L ~.... .. ...... ~~_~`~ North CarolinaWildlifeResources Commission '== ('harks R. l=ull~.~•u!ni, 4::zcruti~. r 11irr. tin MEMORANDUM TO: JohnWadsworth, P.E., Project Planning Engineer Project Development and Environmental Analysis Branch. NCDOT FROM: Marla Chambers, Highway Projects Coordinator ~ ~ ~ /~ rL"Z~z C~a'rL~-~tia~ Habitat Conservation Program, NCWRC DATE: December 17, 2002 SUBJECT: North Carolina Department of Transportation (NCDOT) request for comments on Bridge Replacement Projects B-4103 (Davidson County), B-4255 (Rowan County) and B-4282 (Stokes County). North Carolina Department of Transportation (NCDOT) is requesting comments from the North Carolina Wildlife Resources Commission (NCWRC) on three bridge replacement projects. Staff biologists have reviewed the information provided and have the following preliminary comments. Our comments are provided in accordance with certain provisions of the National Environmental Policy Act (42 U.S.C. 4332(2)(c)) and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d). NCWRC has previously submitted scoping comments on these three bridge replacement projects. The comments, dated May 8, 2002, are attached and remain appropriate; however, we offer the following additional comments on the B-4103 project. Bridge No. 416 on SR 2550 (Badin Lake Road) in Davidson County crosses over Beaverdam Creek, at the headwaters of an arm of Badin Lake which is managed by Yadkin, Inc. under a Federal Energy Regulatory Commission (FERC) permit. NCDOT should coordinate with Yadkin, Inc. to ensure compliance with their Shoreline Management Plan and Bald Eagle Management Plan. Bald eagles (Haliaeetus leucocephalus) (Federal and State Threatened), are found along Badin Lake and other lakes on the Yadkin/Pee Dee River system, both upstream and downstream of the project area. The Beaverdam Creek/Grassy Fork Creek Significant Natural Heritage Area is upstream of the project area, where a number of heartleaf plantain observations Nlai'lin!~ AJdress: hllltilUrl f)! !lll.ltl.~ ."Itih::r!_~: • ~, L I .\'i.:,l tit i pit <. ,'!?iii' ~ 1',ii~'1'!,h. ~i(. ~~It'i~)-!% ~! 7l'1C~hOnt'.: it ; c.) , ` i- i!; ~ C~:1 _t'; • i':1 `:. ! ~ t ~ ~' I ~ ~ 1- !t B-4103, SR 2550 - 2 - December 17, 2002 Beaverdam Creek, Davidson Co. have been made. Several other listed plant species, including the Schweinitz's sunflower (Helianthus schweinitzii) (Federal and State Endangered) have been found in the azea. Surveys should be conducted for all federal and state listed species. Also, the bridge cleazance above the water should be sufficient to allow small boat or canoe passage underneath. Thank you for the opportunity to review and comment on this project. If you have any questions regarding these comments, please contact me at (704) 485-2384. cc: Cynthia Van Der Wiele, DWQ Marella Buncick, USFWS 1 t .r r' ~j ® North Carolina Wildlife Resources Commission 512 N. Salisbury Street, Raleigh, Noah Carolina 27604-1188, 919-733-3391 Charles R. Fullwood, Executive Director TO: William T. Goodwin, Jr., PE, IJnit Head Bridge Replacement & Environmental Analysis Branch FROM: Ron Linville, Habitat Conservation Coordinator Habitat Conservation Program DATE: May 8, 2002 SUBJECT: NCDOT Bridge Replacements: Davidson County -Bridge No. 416, SR2550, Beaverdam Creek, B-4103 Rowan County -Bridge No. 28, NC801, Withrow Creek, B-4255 Stokes County -Bridge No. 54, NC66, Pinchgut Creek, B-4282 Biologists with the N. C. Wildlife Resources Commission (NCWRC) have reviewed the information provided and have the following preliminary comments on the subject project. Our comments are provided in accordance with provisions of the National Environmental Policy Act (42 U.S.C. 4332(2)(c)) and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d). Our standard recommendations for bridge replacement projects of this scope are as follows: 1. We generally prefer spanning structures. Spanning structures usually do not require work within the stream and do not require stream channel realignment. The horizontal and vertical clearances provided by bridges allows for human and wildlife passage beneath the structure, does not block fish passage, and does not block navigation by canoeists and boaters. 2. Bridge deck drains should not discharge directly into the stream. 3. Live concrete should not be allowed to contact the water in or entering into the stream. 4. If possible, bridge supports (bents) should not be placed in the stream. Bridge Memo 2 May 8, 2002 5. If temporary access roads or detours are constructed, they should be removed back to original ground elevations immediately upon the completion of the project. Disturbed areas should be seeded or mulched to stabilize the soil and native tree species should be planted with a spacing of not more than 10'x10'. If possible, when using temporary structures the area should he cleared but not grubbed. Cleazing the area with chain saws, mowers, bush-hogs, or other mechanized equipment and leaving the stumps and root mat intact, allows the area to revegetate naturally and minimizes disturbed soil. 6. A clear bank (riprap free) area of at least 10 feet should remain on each side of the steam underneath the bridge. 7. In trout waters, the N.C. Wildlife Resources Commission reviews all U.S. Army Corps of Engineers nationwide and general `404' permits. We have the option of requesting additional measures to protect trout and trout habitat and we can recommend that the project require an individual `404' permit. 8. In streams that contain threatened or endangered species, NCDOT biologist Mr. Tim Savidge should be notified. Special measures to protect these sensitive species may be required. NCDOT should also contact the U.S. Fish and Wildlife Service for information on requirements of the Endangered Species Act as it relates to the project. 9. In streams that are used by anadromous fish, the NCDOT official policy entitled "Stream Crossing Cruidelines for Anadromous Fish Passage (May 12, 1997)" should be followed. 10. In azeas with significant fisheries for sunfish, seasonal exclusions may also be recommended. 11. Sedimentation and erosion control measures sufficient to protect aquatic resources must be implemented prior to any ground disturbing activities. Structures should be maintained regularly, especially following rainfall events. 12. Temporary or permanent herbaceous vegetation should be planted on all bare soil within 1 S days of ground disturbing activities to provide long-term erosion control. 13. All work in or adjacent to stream waters should be conducted in a dry work area. Sandbags, rock berms, cofferdams, or other diversion structures should be used where possible to prevent excavation in flowing water. 14. Heavy equipment should be operated from the bank rather than in stream channels in order to minimize sedimentation and reduce the likelihood of introducing other pollutants into streams. 15. Only clean, sediment-free rock should be used as temporary fill (causeways), and should be removed without excessive disturbance of the natural stream bottom when construction is completed. 16. During subsurface investigations, equipment should be inspected daily and maintained to prevent contamination of surface waters from leaking fuels, lubricants, hydraulic fluids, or other toxic materials. Bridge Memo 3 May 8, 2002 If corrugated metal pipe'arches, reinforced concrete pipes, or concrete box culverts are used: 1. The culvert must be designed to allow for aquatic life and fish passage. Generally, the culvert or pipe invert should be buried at least 1 foot below the natural streambed (measured from the natural thalweg depth). If multiple barrels are required, barrels other than the base flow barrel(s) should be placed on or near stream bankfull or floodplain bench elevation (similar to Lyonsfield design). These should be reconnected to floodplain benches as appropriate. This may be accomplished by utilizing sills on the upstream and downstream ends to restrict or divert flow to the base flow barrel(s). Silted barrels should be filled with sediment so as not to cause noxious or mosquito breeding conditions. Sufficient water depth should be provided in the base flow barrel(s) during low flows to accommodate fish movement. If culverts are longer than 40-50 linear feet, alternating or notched baffles should be installed in a manner that mimics existing stream pattern. This should enhance aquatic life passage: 1) by depositing sediments in the barrel, 2) by maintaining channel depth and flow regimes, and 3) by providing resting places for fish and other aquatic organisms. In essence, base flow barrel(s) should provide a continuum of water depth and channel width without substantial modifications of velocity. 2. If multiple pipes or cells are used, at least one pipe or box should be designed to remain dry during normal flows to allow for wildlife passage. 3. Culverts or pipes should be situated along the existing channel alignment whenever possible to avoid channel realignment. Widening the stream channel must be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage. 4. Riprap should not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage. Bioengineering boulders or structures should be professionally designed, sized, and installed. In most cases, we prefer the replacement of the existing structure at the same location with road closure. If road closure is not feasible, a temporary detour should be designed and located to avoid wetland impacts, minimize the need for clearing and to avoid destabilizing stream banks. If the structure will be on a new alignment, the old structure should be removed and the approach fills removed from the 100-year floodplain. Approach fills should be removed down to the natural ground elevation. The area should be stabilized with grass and planted with native tree species. If the area reclaimed was previously wetlands, NCDOT should restore the area to wetlands. If successful, the site may be utilized as mitigation for the subject project or other projects in the watershed. Project specific comments: 1. Davidson County -Bridge No. 416, SR2550, Beaverdam Creek, B-4103 YELLOW/RED LIGHT. Biologists indicate that a bridge is preferred. Potential for wetland and stream impacts at this location due to width of stream. Bridge Memo 4 May 8, 2002 2. Rowan County -Bridge No. 28, NC801, Withrow Creek, B-425.5 GREEN LIGHT. No concerns indicated by biologists. Standard conditions should be appropriate. 3. Stokes County -Bridge No. 54, NC66, Pinchgut Creek, B-4282 RED LIGHT. Class C-trout stream. Small mouth bass fishery will require moratorium from May 1 -July 15 for instream activities. Listed species will need thorough review (James River Spiny mussel, Hog Sucker, and Riverweed Darter, etc.). Dan River is a WRC Priority Aquatic Conservation Area. NCDOT should routinely minimize adverse impacts to fish and wildlife resources in the vicinity of bridge replacements. Restoring previously disturbed floodplain benches should narrow and deepen streams previously widened and shallowed during initial bridge installation. NCDOT should install and maintain sedimentation control measures throughout the life of the project and prevent wet concrete from contacting water in or entering into these streams. Replacement of bridges with spanning structures of some type, as opposed to pipe or box culverts, is recommended in most cases. Spanning structures allow wildlife passage along streambanks and reduce habitat fragmentation. If you need further assistance or information on NCWRC concerns regarding bridge replacements, please contact me at (336) 769-9453. Thank you for the opportunity to review and comment on these projects. Cc: David Cox, WRC `oho, ~~~RQG ~ ` ~ ~ r -I ~ ~ `C DEC 1 2 X002 ~ MEMORANDUM TO: Gregory J. Thorpe, Ph.D. ""`-------------___ __ NCDOT, Project Development & Environmental Analysis FROM: Cynthia F. Van Der Wiele, NCDOT Coordinator ~~ William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W Klimek, P.E. Director Division of Water Quality December ',,~~~~y~~ rr ~' r~ 4 ~nrt I~ ~~ ~O~C11'4=~~ ~z .a ~ ~ ~; 7 ~\~r~l~ SUBJECT: Scoping Comments for Bridge Replacement Pt-ojects: B-4103 Davidson Co., B-4255 Rowan Co., and B-4282 Stokes Co. This letter is in response to your request for comments on ttre above-referenced projects. The NC Division of Water Quality staff has the following recommendations: 1. B-4103 Bridge No. 416 over Beaver Dam Creek on SR 2550 in Davidson County ^ The bridge should be replaced with a bridge structure and designed as a single span with no piers in the stream. • Storm water management should be designed as a closed system. Storm water shall be designed to be carried across the bridge (no deck drains over the stream) and diverted through grass-lined ditches, vegetated buffers or directed to a storm water collection device prior to entering North Fork New River. ^ Use Sedimentation and Erosion Control Guidelines for Sensitil~e Watersheds [ 15A NCAC 4B .0124; see http://ncrules.state.nc.us/ncadministrativ_/titlel5aenviron_/chapter04sedime. /default.htm) prior to any ground-disturbing activities to nunimize impacts to downstream aquatic resources. ^ NCDOT must comply with water supply watershed buffer requirements. ^ Use BMPs for bridge demolition and removal, Case I (9-20-99 NCDOT policy; see http://www.ncdot.orgJplanning/pe/bmp.pdf ). 2. B-4255 Bridge No. 28 over Withrow Creek on NC 801 in Rowan County ^ DWQ prefers that the bridge be replaced with a bridge, particularly if a Categorical Exclusion document is being used (otherwise it should be processed as a FONSI under NEPA requirements). ^ Storm water should be directed to grass-lined ditches, vegetated buffers or other pre-treatment method before entering the stream. 3. B-4282 Bridge No. 54 over Pinch Gut Creek on NC 66 in Stokes County ^ The bridge should be replaced with a bridge structure and designed as a single span with no piers in the stream. • Storm water management should be designed as a closed system. Storm water shall be designed to be carried across the bridge (no deck drains over the stream) and diverted through grass-lined ditches, vegetated buffers or directed to a storm water collection device prior to entering North Fork New River. ^ Use BMPs for bridge demolition and removal, Case 1 (9-20-99 NCDOT policy; see htip://www.ncdot.org/planning/pe/bmp.pdf). North Carolina Division of Water Duality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd.., Raleigh, NC 27604-2260 (Location) 919-733-1786 (phone), 919.733-6893 (fax), http://h2o.enr.state nc.uslncwetlands/ ~~a ~r~ NCL7EF: Thank you for requesting our input-at this. time. The DOT is reminded that issuance of a §401 Water Quality Certification requires. that appropriate measures be instituted to ensure that water quality standards are met and desi~griated use's are'nof degraded or lost. If you have any questions or require additional information, please contact Cynthia ~'an Der Wiele at (919) 733.5715. pc: Chris Militscher, USEPA - ' Marla Chambers, NCWRC~ ~ _ ' ` ' File Copy SECTION .0400 -WATER SUPPLY DESIGN CRITERIA Rules .0401 - .0408 of Title 15A Subchapter 18C of the North Carolina Administrative Code (T15A.18C .0401 - ..0408); has been transferred and recodified from Rules .1001 - .1008 Title ] 0 Subchapter ] OD of the North Carolina Administrative Code (T10.lOD -100] - .1008), effective April 4, ]990. .0401 MINIMUM REQUIREMENTS The design criteria given in this Section are the minimum requirements for approval of plans and specifications by the Division of Environmental Health, Department of Environment, Health, and Natural Resources..The Department provides supplemental criteria for design of water systems in .0500 - .1000. History Note: Authority G.S. 130A-315; 130A-317,, P.L. 93-.5?3; Ejf. January 1, 1977; Readopted Eff. December .S, 1977. Amended EJf. Juh~ 1, 1994; Septen:ber• 1, 1979. .0402 WATER SUPPLY WELLS (a) Well Construction. The constriction of water supply wells shall conform to well construction regulations and standards of the Division of Environmental Management, N_C. Department of Environment, Health, and Natural Resources, codified in 15A NCAC 2C which are hereby incorporated by reference including any subsequent amendments and editions. Copies of this material are available for inspection and may be obtained from the Department of Environment, Health, and Natural Resources, Division of Environmental Health, Public Water Supply Section, P.O. Box 29536, Raleigh, North Carolina 27626-0536 at no charge [NOTE: The netii~ mailing address is 1634 Mail Service CerTter, Raleigh, NC 27699-1634J. (b) Upper Terminal of Well. The well casing shall neither terminate below ground nor in a pit. The pump pedestal for above ground pumps of every water supply well shall project not less than six inches above the concrete floor of the well house, or the concrete stab surrounding the well. The well casing shall project at least one inch above the pump pedestal. For submersible pumps the casing shall project at least six inches above the concrete floor or slab surrounding the well head. (c) Sanitary Seal. The upper terminal of the well casing shall be sealed watertight with the exception of a vent pipe or vent tube having adownward-directed, screened opening. (d) Concrete Slab or Well House Floor. Every water supply well shall have a continuous bond concrete slab or well house concrete floor extending at least three feet horizontally around the outside of the well casing. Minimum thickness for the concrete slab or floor shall be four inches. (e) Sample Tap and Waste Discharge Pipe. Faucets or spigots shall be provided for sampling both raw water prior to treatment and treated water prior to delivery to the first customer. Sample spigots shall not be threaded for hose connection. Threaded hose bibs shall be equipped with anti-siphon devices. A water sample tap and piping arrangement for discharge of water to waste shall be provided. (f) Physical Security and Well Protection. A water supply well shall be secured against unauthorized access and protected from the weather. One of the following structures shall be provided: (1) Well house. A well house shall be constructed as follows: (A) Structures shall comply with applicable provisions of state and local building codes; (B) Drainage shall be provided by floor drain, wall drain, or slope to door; (C) Access into the structure shall be a doorway with minimum dimensions of 36 inches wide and 80 inches high; and (D) The structure shall have adequate space for the use and maintenance of the piping and appurtenances. If treatment is provided at the well, the provisions of Rule .0404(a) of this Section shall apply. (E) The structure shall be secured with lock and key. (2) Prefabricated structures. A prefabricated structure shall be constructed as follows: (A) A well-head cover shall be hinged and constructed so that it can be lifted by one person; (B) A locking mechanism shall be provided; and (C) Permanent fastening to the slab (such as with bolts) shall not be permitted. (3) Fencing and temperature protection. Fencing and temperature protection shall be constructed as follows: (A) The fence height shall be a minimum of six feet; (B) The fence shall be constructed of chain link with locked access; (C) The fence shall enclose the well; hydropneumatic tank, and associated equipment; (D) Access shall be provided for maintenance and operation; and (E) The well, piping, treatment equipment, and electrical controls shall be protected against freezing. Wrapping with insulation is acceptable for appurtenances such as the air vent, meter, valves, and sample taps provided they are visible and accessible. Insulation shall be :jacketed. (g) Yield: (1) Wells shall be tested for yield and drawdown. A report or log of at least a 24-hour drawdown test to determine yield shall be submitted to the Division of Environmental Health for each well. (2) Wells shall be located so that the drawdown of any well will not interfere with the required yield of another well. (3) The combined yield of all wells of a water system shall provide in 12 hours pumping time the average daily demand as determined in Rule .0409 of this Section. (4) The capacity of the permanent pump to be installed in each well slial] not exceed the yield of the well as determined by the drawdown test. (5) A residential community water system using well water as its source of supply and designed to serve 50 or more connections shall provide at least two wells. A travel trailer park or campground designed to serve 100 or more connections shall provide at least two wells. In lieu of a second well, another approved water supply source may be accepted. (6) A totalizing meter shall be installed in the piping system from each well. (h) Initial Disinfection of Water Supply Well. All new wells, and wells that have been repaired or reconditioned shall be cleaned of foreign substances such as soil, grease, and oil, and then shall be disinfected. A representative sample or samples of the water (free of chlorine) shall be collected and submitted to a certified laboratory for bacteriological analyses. After disinfection the water supply shall not be placed into service until bacteriological test results of representative water samples analyzed in a certified laboratory are found to be free of bacteriological contamination. (i) Initial Chemical Analyses. A representative sample of water from every new water supply well shall be collected and submitted for chemical analyses to the Division of Laboratory Services or to a certified laboratory. The results of the analysis shall demonstrate the water is treatable to meet water quality standards in Section .1500 of this Subchapter and needed treatment shall be provided before the well is placed into service. (j) Continuous Disinfection. Continuous application of chlorine or hypochlorite solution or some other approved and equally efficient disinfectant shall be provided for all well water supplies introduced on or after January 1, 1972. Equipment for determining residual chlorine concentration in the water shall be included in the plans and specifications. History Note: Authority G.S. ]30A-315; I30A-317; P.L. 93-SZ.3; EJJ. January 1, 1977; Readopted EJf. Decen:ber• .S, 1977; Amended EJf. Jrrly 1, 1994; September 1, 1990; January 1, 1986; March 31, 1980. .0403 SURFACF, WATER FACILITIES (a) Unimpounded Stream. Both the minimum daily flow of record of the stream and the estimated minimum flow calculated from rainfall and run-off shall exceed the maximum daily draft for which the water treatment plant is designed with due consideration given to requirements for future expansion of the treatment plant. The Department may approve a water plant capacity greater than the minimum daily flow of record of the stream when rules of other government agencies will not be violated. The maximum allowable system expansion shalt be based on the minimum daily flow of record of the stream. (b) Pre-settling Reservoirs. Construction of apre-settling or pre-treatment reservoir shall be required where wide and rapid variations in turbidity, bacterial concentrations or chemical qualities occur or where the following raw water quality standards are not met: turbidity - 150 NTU, coliform bacteria - 3000/100 ml, fecal coliform bacteria - 300/100 ml, color - 75 CU. (c) Impoundments. Raw water storage capacity shall be sufficient to reasonably satisfy the designed water supply demand during periods of drought. (d) Clearing of Land for Impoundment. The area in and around the proposed impoundment of class I and class II reservoirs shall be cleared as follows: (1) The area from normal full level to five feet below the normal pool elevation of the impoundment shall be cleared and grubbed of all vegetation and shall be kept cleared until the reservoir is filled. Secondary growth shall be removed prior to flooding. (2) The entire area below the five foot water depth shall be cleared and shall be kept cleared of all growth of less than six inches in diameter until the reservoir is filled. Sturnps greater than six inches in diameter may be cut off at ground level. (3) All brush, trees, and stumps shall be burned or removed from the proposed reservoir. (e) Existing Impoundments. Existing impoundments may be approved as raw water sources as follows: (1) The requirements of Paragraph (c) of this Rule, and Section .0200 of this Subchapter shall be met; (2) A class I or class II reservoir shall meet the requirements of Section .1200 of this Subchapter; and (3) The supplier of water shall have an engineer along with other qualified consultants as needed conduct a study of the impoundment and provide the Department information to determine whether the requirements of this Subchapter are met. The study shall include as follows: (A) Plans and specifications of the impounding structure; (B) Information concerning clearing of the land for impoundment as provided in Paragraph (d) of this Rule; (C) Information concerning sources of pollution on the watershed; (D) Documentation of control by the supplier of water of the impoundment and 50 foot margin around the impoundment measured from the normal pool elevation; (E) Information concerning the quality of the water and sediments which could cause water quality fluctuations such as lake stratification, turnover and algae bloom; and (F) Other information necessary to show the proposed source will meet the requirements of this Subchapter. (f) A margin of at least 50 feet around a class I and class II reservoir measured from the normal pool elevation shall be owned or controlled by the water supplier. (g) Intakes, Pumps, Treatment Units, and Equipment. Raw water intakes, pumps, treatment units and equipment shall be designed to provide water of potable quality meeting the water quality requirements stated in Section .1500 of this Subchapter. History Note.- Autha•ity G.S. 1.30A-31.5; 130A-3I7; P.L. 93-.SZ.3; Eff. January 1, 1977; Readopted Eff. December .5, 1977; Amended Eff. J:rly 1, 1994,, July 1, 1991; September 1, 1990. .0404 WATER TREATMENT FACILITIES (a) Physical Security and Facility Protection. Treatment equipment and chemicals shall be secured against unauthorized access and shall be protected against the weather as follows: (1) Structures shall comply with provisions of state and local building codes; (2) Drainage shall be provided by floor drain, wall drain, or slope to door; (3) Access to the structure shall be a doorway with minimum dimensions of 36 inches wide and 30 inches high or larger. The doorway shall be large enough to accommodate installation or removal of equipment; and (4) The structure shall have space to facilitate operation and maintenance of treatment equipment, storage of chemicals, required piping and appurtenances, electrical controls, and laboratory testing. (b) Mixing and Dispersion of Chemicals. Provisions shall be made for mixing and dispersion of chlorine and other chemicals applied to the water. All facilities treating surface water or ground water influenced by surface water shall comply with the disinfection requirements in Rule .2002 of this Subchapter. (c) Chemical Feed Machines (1) Durable chemical feed machines designed for adjustable accurate control of feed rates shall be installed for application of all chemicals necessary for appropriate treatment of the water. Sufficient stand-by units to assure uninterrupted operation of the treatment processes shall be provided. Continuous chemical application must be protected from electrical circuit interruption which could result in overfeed, underfeed or interrupt the feed of chemicals. (2) Chemical feed lines from the feeders to the points of application shall be of material sized for the design flow rate, corrosion resistant, easily accessible for cleaning and protected against freezing. Length and the number of bends shall be reduced to a minimum. (3) Piping and appurtenances shall be constructed of suitable material for the chemical being added and the specific application. (4) A separate feeder shall be used for each chemical applied. (d) Disinfection Equipment: (1) Equipment designed for application of chlorine, or some other approved, equatly efficient disinfectant shall be provided. Stand-by units shall be provided. The plans and specifications shall describe the equipment in detail. (2) Chlorinators shall be installed in tightly constructed, above ground rooms with mechanical ventilation to the outside air. The capacity of exhaust fans shall be sufficient to discharge all air in the rooms every 30 seconds to 1 minute. The fans or their suction ducts shall be located not more than eight inches above floor level. Provisions for entrance of fresh air shall be made. The point of discharge shall be so located as not to contaminate the air in any building or inhabited areas. Electrical switches for operation of fans shall b:: located outside the chlorinator rooms. Rooms used for storage of chlorine cylinders shall be designed as described above. State of North Carolina Department of Environment ~^Y~°~ and Natural Resources Division of Water Quality Michael Easley, Governor Bill Ross, Secretary Gregory Thorpe, Director February 20, 2002 Memorandum To: William T. Goodwin, Jr., PE, Unit Head Bridge Replacement Planning Unit Project Development and Environmental Analysis Branch Through: John Dorney _ ~, ~ (~~ NC Division of Water Quality, 401 U ti ~ ~ \- ~ From: Robert Ridings NC Division of Water Quality, 401 Unit Subject: Review of Natural Systems Technical Reports for bridge replacement projects scheduled for construction in CFY 2005: "Yellow Light" (Streams classified as Water Supply) Projects: B-4264, B-4265, B-4266, B~103, Viand B-4247. In future reports, an Executive Summary Paragraph would be helpful. This should include brief description of the work intended (i.e., replace bridge with another bridge or with a culvert), the amount of impact to wetlands and streams, and types of possible permits needed. On all projects, use of proper sediment and erosion control will be needed. Sediment and erosion control measures should not be placed in wetlands. Sediment should be removed from any water pumped from behind a cofferdam before the water is returned to the stream. Sedimentation and Erosion Control Guidelines for Sensitive Watersheds (15A NCAC 4B .0024) must be implemented prior to any ground-disturbing activities to minimize impacts to downstream aquatic resources. Temporary or permanent herbaceous vegetation must be planted on all bare soil within 1 D days of ground-disturbing activities to provide long term erosion control. This office would prefer bridges to be replaced with new bridges. However if the bridge must be replaced by a culvert and 150 linear feet or more of stream is impacted, a stream mitigation plan will be needed prior to the issuance of a 401 Water Quality Certification. While the NCDWQ realizes that this may not always be practical, it should be noted that for projects requiring mitigation, appropriate mitigation plans will be required prior to issuance of a 401 Water Quality Certification. Any proposed culverts shall be installed in such a manner [hat the original stream profile is not altered (i.e. the depth of the channel must not be reduced by a widening of the streambed). Existing stream dimensions are to be maintained above and below locations of culvert extensions. Wetlands/40l Unit 2321 Crabtree Blvd. Suite Z50 Raleigh, North Carolina 27604 Telephone 919-733-1786 FAX tt 733-6893 For permitting, any project that falls under the Corps of Engineers' Nationwide Permits 23 or 33 do not require written concurrence by the NC Division of Water Quality. Notification and courtesy copies of materials sent to the Corps, including mitigation plans, are required. For projects that fall under the Corps of Engineers Nationwide Permit 14 or Regional General Bridge Permit 3l, the formal 401 application process will be required including appropriate fees and mitigation plans. Do not use any machinery in the stream channels unless absolutely necessary. Additionally, vegetation should not be removed from the stream bank unless it is absolutely necessary. NCDOT should especially avoid removing large trees and undercut banks. If large, undercut trees must be removed, then the trunks should be cut and the stumps and root systems left in place to minimize damage to stream banks. Use of rip-rap for bank stabilization must be minimized; rather, native vegetation should be planted when practical. If necessary, rip-rap must be limited to the stream bank below the high water mark, and vegetation must be used for stabilization above high water. Rules regarding stormwater as described in (15A NCAC 2b.0216 (3) (G)) shall be followed for these projects. These activities shall minimize built-upon surface area, divert runoff away from surface waters and maximize utilization of BMPs. Existing vegetated buffers shall not be mowed in order to allow it to be most effectively utilized for storm water sheet flow. Thank you for requesting our input at this time. The DOT is reminded that issuance of a 401 Water Quality Certification requires that appropriate measures be instituted to ensure that water quality standards are met and designated uses are not degraded or lost. 1 LL 11 GVV/ 11' 1G 1 \I.LJV 1 VI IL VI \L Federal Aid # BRZ-2550(1) TIP # B-4703 Cvun~y: Davidson CONCURRENCE FORM FOR ASSESSMENT OF EFFECTS Project Description: Replace Bridge No_415 on Slt 2550 over Beaverciam Creek On 9/1 G/2Q03, representatives of the [~ North Carolina Department of Transportation (NCDOT) [`~ Federal Highway Administration (FHWA) North Carolina State Historic Preservation Office (HPO) ^ Other Reviewed the subject project and agreed ^ There are no erects on the National Register-listed property/properties located within the project's area of potential effect and listed on the reverse. ^ There are no effects on the National Register-eligible property/properties located within the project's area of potential effect and listed an the reverse. Q There is an effect on the National Register-listed property/properties located within the project's area of potential effect. The property/properties and the effect(s) are listed on the reverse. '1`her~e is an effect on the National Register~ligible property/properties located within the project's area ofpotential effect. The propertylpraperties and effect(s) are listed on the reverse. Signed: FHWA, for the Division Adnunistrator, or other Federal Agency Date t ~~~.. -- a 16 a ~ Representative, HPO ~ Date ~ f 1r~~o3 State Historic Preselrvation Officer Date Federal Aid # BRZ-2550(1) TIP # B-4103 County: Davidson Properties within the area of potential effect for which there is no effect. Indicate if property is National Register-listed {NR} or determined eligible (DE). Properties within the area of potential effect for which there is an effect. Indicate property status (NR or DE) and describe the effect. 1 ~ ~ ~ ~ ~ K r ~~~ ~• ~^~/~+~ F/ l~~ L T 1 L`am'' R.eason(s) why the ef~'ect is not adverse (if applicable). Initialed: NCDOT FHWA ~,~'~~ HPO _ TOTAL P.03 t~5/2b%208' 11:25 NC DOT PDER 7 98511915 N0.4 r1 Di~l~' J' titir N'arth CaroliAa Department of Caltural Reso State Historic Preservakion Qffice David I,. S. Brook, Administrator IYlicAael F. ~aaley, G=overnor Lisbeth C. Evat16, secretary Jeffrey J. Craw, DepuLY SecretAry Office of Archives and History 9ugust 14, 2003 1~IEMOR.A.NI7UM nrn AUU !.° r~ ~~ ~5/ /fi°atiT b6vE~-`~~~ y l Division of Historical Resource TO; Greg Thorpe, Manager Project Development and Environmental Analysis $ranch NCDaT Di~ctision of Highways FRaM: DavidBrooltrr ~. ~~; 1'~ SUBJECT:. Replace Bridge No. 416 on SR 2550 over Beaverdam Creek, B~103, Davidson County, ER02-8597 Thank yeti for your letter of July 17, 2003, concealing the above project. We appreciate the additional research undertaken by the bridge suxv'ey architectural historians in order to evaluate Bridge No. 416. For purposes of compliance with Section 106 of the National Iistoric Preservation Act, we concur that Davidson County Bridge No. 416 is eligible of the National Register. T1,e bridge is significant as an example of the once-common Pony truss bridges of the early twentieth century and is one of the few e~camples with a documented fabricator. The above comments are made pw:stk~nt to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Freseraation's Regulations for Compliance with Section 106 codified at 36 CFR Fart 800. Thank you for your cooperation and consideration. l;f you have questions concerning the above comment, contact Renee Gledhill-Earley, eslvi.uonmental rerrievv coordinator, at 919/733-47G3. In all future communication concerning this project, please cite the above xeferericed tracking number. cc: Mary Pope Furs, NCD(aT ww_ w.hpo.dcr.state.nc.us ' (.ocaHan Muting ~lddresa Telephone/Faz I ,Ib1t11iY2STRAT1oN 507 N. BlountSt., Raleigh NC 4617 N1Ai1 Sorvicc Ccnur, Rylcigh NC.7699.46[7 (4191733-3763 •73;-865] R£STORATlo,11 SI i N. 9lount St., Raleigh NC 4b 17 ivlail Service Crntct, Raleigh AcC 29699-.Ib t 7 (9191733~;.{T • T15-igDl StJRV~Y eF ALANNINC SIS N. Dlounl St, Raleigh NC 4417 Mail Service Center. Raleigh NC 27699-:1617 t9l9) 733b515 •715-s9a1 ,a ,n, ~~~ X31 ~~ ,t~s3 North Carolina Department of Cultural Resources State (-listoric Preservation Office Davit L.. S [honk, Adlninistntor ~~lichacl f L"aslev. Govemnr L.ishelh C L•vans, Secretary 1elTrcy J Crow, Deputy Sccrelary Ollicc ul :lrchiv~s and 1-lishlry l~iav G, ?OU2 ~I'O: William D. Gilmore, I~danager Project Development and Environmental .lnalvsis Branch Division ~f Highways Department of Transportation FRL)(vl: David Brool: ~e+ ~Qtl~.d ~'~ ~~ U Sl_iBjECT: Replace Bridge 41C on SR ?550 over Beaverdam Creek, )3--1 ] 03, Davidson County, 1 ~,R 02-8507 Division nl Historical Resources Davit 1 Olson, Director REEF/~ O Z ~ MQY 8 ~ a ?Dn? ti`~T H~M~ ~ ~0.~ O Y5 0. •~' F~"~~FIOPMEN~ Ei~~ ~~~ ANALYSE Thank you for your memorandum of September 25, 2001, concerning the above project. We have conducted a search of our Files and are aware of no structures of historical or architectural importance located \vithin the planning area. However, since a comprehensive historical architectural inventory of has never been conducted, there may be structures of which eve are unaware located within the planning area. The bridge appears to be a metal truss which may need to be evaluated. The aerial photograph also shows a house at the northwest corner of the bridge that will need to be evaluated, if it is more than fifty years old. There are no known archaeological sites within the project area. Based on our knowledge of the area, it is unlikely that any archaeological resources that may be eligible for conclusion in the National Register of Historic Places will be affected by the project. We, therefore, recommend that no archaeological investigation be conducted in connection with this project. The above comments are made pursuant to Section l OG of the National Historic Preservation Act and the Advisors Council on Historic Presen~ation's Regulations for Compliance with Section 106 codified at 36 CFR Part 500. Thank you for tour cooperation and consideration. If ~~ou have questions concerning the above comment, contact Renee Gledhill-Farlet, environmental review coordinator, at 919/733-4763. In all Eunue communication concerning this project, please cite the above-referenced tracking number. 17I3:kgc cc: ~Iar~ P(>hc I•urr, NC.1~O'1' Location ~lailim~ :\ddrrss Tclrphonc/Fax :\dminislralion ~il;• N Bluum 51. Raleigh. NC -11+17 \I:lil SeniceCenter R:Ilri!_h _'7h99--1h17 1(II~)1 7;3-1763 •7i;-\b;t Rcshiralion ~ I ~ \' I31~•unl SI R;Ilrieh \~( ~1+1 ~ \lail ti~tn icy Crntrl. R:Ilciglt 27h9~1-~hl? 11191 73 ~-(~?~1 i •71 ~-~ti111 _._.. ... .. ... .. •.~.•_~~o ~ u..r.:..i, ~~.:uu_v.l~ ~UIN~7:;_.3'.h3 .71 >-~YI11 -, _ n f !, ~~:~ ~;: ~~~ ~ Y n ~a SGVr o - ~ r~~ s ~~ ,..nom-, .~ '.f!,1; n North Carolina Department of Cultural Resources~;~°~'~ '=+- ; State Historic Preservation Office ~ ;;.^.~ ,: ~,~:~ David L. S. Brook, Administrator .... ~, `s Michael F. Easley, Governor Lisbeth C. Evans, Secretary Jeffrey J. Crow, Deputy Secretary December 20, 2002 MEMORANDUM TO: Greg Thorpe, Manager Project Development and Environmental Analysis Branch NCDOT Division of Highways Division of Historicalltestiiiruces David J. Olson, Drrector E~~ i Zr{ ~i'1:;~i -:;y ;? ~ 1Ft ~..i~, . , . ; ; ,. ) i FROM: David Brook i E:'= ~ _ ;~.;±', ~ ~ ~,~ ~_ SUBJECT: Replacement of Bridge No. 416 over Beaver Dam Creek, SR 2550, Badin Lake Road, B-4103, Davidson County, ER02-8597 Thank you for your letter of October 24, 2002, concerning the above project. %e have conducted a search of our maps and files and located the following structure of historical or architectural importance withni the general area of this project: Bridge 416 We recommend that a Department of Transportation architectural historian identify and evaluate any structures over fifty years of age within the project area, and report the findings to us. There are no known archaeological sites within the proposed project area. Based on our knowledge of the area, it is unlikely that any archaeological resources that may be eligible for conclusion in the National Register of Historic Places will be affected by the project. We, therefore, recommend that no archaeological investigation be conducted in connection with this project. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill-Eaxley, environmental review coordinator, at 919/733-4763. In all future communication concerning this project, please cite the above-referenced tracking number. DB:doc cc: Mary Pope Furr - Matt Wilkerson Location Mailing Address Telephone/Fax Administration 507 N. Blount St, Raleigh, NC 4617 Mail Service Center, Raleigh 27699-4617 (919) 733-4763 •733-8653 Restoration 515 N. Blount St, Raleigh , NC 4613 Mail Service Center, Raleigh 27699-4613 (919) 733-6547.715-4801 Curvav R Plwnnino 515 N. Blount St, Raleigh, NC 4618 Mail Service Center, Raleigh 27699-4618 (919) 733-4763 •715-4801 Federu(.aid : BRL-?~~0(1) TlP r 8-d l03 Cuunn~ Davidson CONCURRENCE FORM FOR PROPERTIES NOT ELIGIBLE FOR THE NATIONAL REGISTER OF HISTORIC PLACES Project Description' Replace Bridge No. d 16 on SR 2550 over Beaverdam Creeh On I Oi01/2002, representatives of the (~, North Carolina Department of Transportation (NCDOT) [~/ Federal Highway Administration (FHWA) North Carolina State Historic Preservation Office (HPO) ^ Other Reviewed the subject project at a Scoping meeting 0/ Historic architectural resources photograph review session/consultation ^ Other All parties present agreed ^ There are no properties over fifty years old within the project's area of potential effects. [~ There are no properties less than fifty years old which are considered to meet Criteria Consideration G within the project's area of potential effects. [~ There are properties over fifty years old within the project's Area of Potential Effects (APE), but based on the historical information available and the photographs of each property, the property identified as ~1'Dt~2J1 ~-l.t ~' ~ is considered not eligible for the National Regist rand no rther evaluation of it is necessary. [~ There are no National Register-listed or Study Listed properties within the project's area of potential effects. ^ All properties greater than 50 years of age located in the APE have been considered at this consultation, and based upon the above concurrence, all compliance for historic architecture with Section 106 of the National Historic Preservation Act and GS 121-12(a) has been completed for this project. ^ There are no historic properties affected by this project. (attnch uny notes or doc:~menrs ns needed Signed: I U • D (--ZDDZ Date FHWA, f r the Division Admi istrator, or ottleLFederal Agency Date (~ - ~ 1 --- Representative, HPO ' Date \ /~~ / ~`.. ~; ? r. State Historic Preservation Officer ~l~~ Date If a survey report is prepared, a final copy of this form and the attached list will be included. - . sf ¢~6~ r ~ •' - `~- s. 1~ STATE OF NORTH CAROLINA DEPAR'I7VIENT OF TRANSPORTATION MICHAEL F. EASLEY LYNDO TIPPETT GOVERNOR SECRETARY June 11, 2001 Dear School Transportation Director: Subject: Bridge No. 416 on Highway 5R 2550, over Beaverdam Creek, Davidson County TIP Project No. B-4103 The N.C. Department of Transportation has begun the planning process to replace the above bridge, which is nearing the end of its useful fife. Construction is planned for year 2005. Alternative methods of replacing the bridge will be studied. Some alternatives may require road closure at the bridge site. In that case, all traffic would be detoured onto other local roads. The type of bridge or structure that we select will determine how long the road would have to remain closed. However, the time of closure would not be longer than 8-12 months. We would like to know the specific number of bus crossings per day and if road closure could be handled by re-routing or other changes, or if it would create an unworkable situation for your school bus operations. - We ask that you let us know your opinion in writing by using the enclosed addressed envelope. We need to have your reply by July 31 2001. Thank you in advance for your cooperation. Your answers will help us plan more effectively for this necessary bridge replacement to serve our citizens better. ff you have any questions concerning the projects, please contact me at 919-733-7844, ext. 258 . ' cerely~ ////// ~~r~~r ~c~c1.z_ avis Moore Project Development & Environmental Analysis Branch Attachment MAILING ADDRESS: NC DEPARTMENT OF TRANSPORTATION PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 1548 MAIL SERVICE CENTER Rm a~~H NC 27699-1548 Mc. Mooce, e~-c,r~~~~r, ~b~s~~ ~co,~. o,,~.C.. ccesss ~1.is 6~;~ge. WQ C0.w c`1~S1ar~' ooc bvLs Pov-~e5 {o ~ne~ Ocesz ~~+z prid9~ eVe~ ___-, ~ ~ ndt~ ocese. _~ Yee ~ave ~-'"Y l ,Nts~ iohq~ ~al Qaye o,~ V! M~ a C41, , T~a.-ks, ~ ''a'~ TELEPHONE: 919-T33~141 FAX: 919-733-9794 WEBSlTE: WWW.DOH.DOT.STATE.NC.US LOCATION: TRANSPORTATION BUILDING 1 SOUrH WILMINGTON STREET RALEIGH NC SUBJECT: Replacement of bridge No. 416 on SR 2550 over Beaver Dam Creek, Davidson County, Federal Aid Project No. BRZ-2550(1), State Project No. 8.2604601, TIP No. B~103. 20 November O1 Mr. Moore, The replacement of this bridge and the possible re-routing of traffic will not have a noticeable effect on the response of Davidson County Emergency Services. Thank You, De Welch, Emergency Services Director V one on~c~ ~;.~~~~n ~Sc~iools ~ ~ 441 Page Street P.O. Bo:~ 427 Troy, I~+Torth Carolina 27371-0427 (9i0) 576-6511 FAX 1910) 57fi-2041 NC Department Of Transportation Gregory J. Thorpe, Ph. D., Environmental Management Director Project Development and Enviroiurrental Analysis Branch 1548 Mail Service Center Raleigh, NC 27699-1548 1`10u .. ~ ~ z, ,c.~ <; , u1`Ji5 ~ ~ fC `~, ~~~~Q~ `~~ r,~ L P.r-~ ~~- SUBJECT: Request for comments on Bridge Replacement Projects B-4103 Dear Mr. Thorpe In reply to your letter dated November 14, 2002, I would like to submit our concerns on the replacement of the subject bridge. If our buses are detoured while the new bridge is being built, it will cause a fifteen mile detour for buses that are already twenty miles from school. The students on these buses spend one hour and forty-five minutes every morning and afternoon traveling to school as it is. The detour would add ride time for the students who already ride one of the longest routes we have. We would hope that the old bridge could stay in place while the nev,~ bridge is being built. Thank y:,u fir all:,~ving us to voice our concern in this project. ~~i~~c_3 r, Sincer'e'ly" ~' Greg Jdlinson Montgomery County Schools Director of Transportation PO Box 427 Troy, NC 27371 An Equal O;~pvrtunin~ afftrma:ive ,Anion FmPlo er ~~ 8bSi-669L~ Euiioie7 q~oN `uDiaiE~ .~axua~ aainaas liEi~i gbSi gauuig sis~Cisud iu~uaumonnug pue ~uauidoianaQ aaafoid uoi~a~odsuEiZ 301uau~EdaQ Eutio.~E~ u~toN aauen ougg ~.zy~ O ~ ~ ~ ^~ ~ e ~ ~ ~ ~ ~ ~ ~ a •~ y ~' C h tV N ~ b0 ^ ~ 4 w 3 ~, b rii ~ ~ ~ ~ O .L h O ~ •~ ~~ a'^' % Nq/`fir .ir /~ r/~ ~y vT ^ ,,,y~ ~ O ~ p J ~ ~ ~ ~ in , a.? J r A ' ~y o '. Ca ~' ~ o ~ ~ c J v ~ o ~° W v ~ ~ U sue. ~ ° ~ ~? ~ " Q•' ; a N a; °- c f~ v~ D v~ ! ¢ v~ W rn cn r~ ! U v~ U V .^. ccs 'C3 p~ o ~ ~ cd ~ ~' ~° ~ y = a> U .... E..a ~ O ~ ^ U ^ ~ ^ ~ 4-. pD ^D ' v} ,_ f-~ +, p f'~ O •., _ C> ~n ' _ ~ X34 ~. ~ O -p i+ cti 0 ~O a ~ O U ~ ~>. ~_ v ~ ~~ U ^ _ Q . c~ can cd ~ OU Q~, cd ^ ^ >' O y y - 3 d' a a- ~ ~ ~ o o ~ a. 4=. 3 f'~ G^ ~ Q.~ N U Z N~ y O y O U~ U ?? •_ ~ `+ cd N U ..^.. y~ •= O U > C•D O. +=, ~"~ i. N O U = vi ~.+ ~ a. U U cd RS y ~ p a. ~ U - O N ~ O C U +.+ ..O ~ ~ a; +U. 4r _. y +=~ 3 G 'L7 Icy ~ t„i _ ~ i.~ ~y L p LS. ~ Ly U ~ .~: QJ' Q~ y ~ ~ ~ .~ ' O f"+ = ~ - ~ .~ .~+ ~ ~ ~~~// -0 d4 E-~ 3 ~ '~' O . _~ ~:+ N C. fl. O N ~_ c. ' 3 1.y` c~ Q 't7 F'" "s N U a. W pi 4. ~ ~ U > .~ ~, y `. D\ O 7 O Ll. O ~ ~' "~~ z .-. v~ni U ~' ',_. ~ = ~ a~i a~i ~ o ~ y ~ ~ o, a°~i ~ ~ ai ~ ~ c~ dD F'" 'ti L N , p f V ~ •,r~ ~ ~ O O :. pp ~ U i 44,,, c~ O ~ y L c_UC • O +-~ O • ~ U ^ ~ LY cG U ~ 'O- 4., S.c . ~ O -^ O L ~ 'C3 > > ~ •~i a. G. ~ ~ 44-. y C`-r E~ .~ vi Q '> a...._ isr E--~ .~ ~° 3 ~° Q. D a v ~ y - a o ~ x ~ ^ d • c~ U .«+ a~ ,~. o ALCOA November 18, 2002 Gregory J. Thorpe, Ph. D. Environmental Management Director North Carolina Department of Transportation Project Development and Environmental Analysis 1548 Mail Service Center Raleigh, NC 27699-1548 Dr. Thorpe: Alcoa Primary Metals Alcoa Power Generating Inc. Yadkin Division 293 NC 740 Hwy PO Box 576 Badin, NC 28009-0576 USA NOV 20 2002 m .~ ,~% :~,~ r~;tsbre~ 2a ~.~~rr~. ~~r: V~ pM~`~ ~~- <.c .,.: I am writing in response to the request for comments on B-4103, Davidson County, Division 9, replace Bridge No. 416 over Beaver Dam creek on SR 2550. As background, under the Federal Power Act, Alcoa Power Generating Inc. (APGI) is licensed by the Federal Energy Regulatory Commission (FERC) to operate hydroelectric Project No. 2197. Yadkin is the division of APGI responsible for operating the Project. Narrows Reservoir is one of the developments of the Project. Under its license, Yadkin may only exercise certain authority "if the proposed use and occupancy is consistent with the purposes of protecting and enhancing the scenic, recreational, and other environmental values of the project." In order to ensure that these values are maintained, Yadkin has adopted a Shoreline Management Plan, which was approved by FERC on November 9, 2000. Additionally, APGI owns the land under the normal full pool (541' contour, all contour references are Yadkin datum) of Narrows Reservoir. Bridge No. 416 crosses the Beaver Dam Creek arm of Narrows Reservoir and accordingly is within the Project. Yadkin's Subdivision Access Approval, Multi- use Facility Permitting, and Industrial Approval Procedures (Procedures) govern activities within the Project, such as the proposed bridge replacement. Bridge No. 416 is not located within a conservation zone or in an area of sensitive habitat. For bridge replacements not impacting a conservation zone Yadkin's permitting process requires the completion of Yadkin's Agency Consultation (AC) process before Yadkin can issue a Construction Permit for the proposed improvements. A copy of the Procedures, which detail Yadkin's AC process, has been included for your convenience. In order to begin discussions regarding a lease or right of way easement across APGI property Yadkin asks that (1) the NCDOT provide two copies of their survey and/or design drawings for the improvement project and (2) that the appropriate right of way agent contact Pat Shaver, Yadkin's Power and Property Coordinator at (704) 422-5678, to arrange a meeting to explain Yadkin's procedures for obtaining an easement (3) requested right of way easement be flagged for APGI's Phase I walkover. Please be aware that Yadkin cannot issue a lease or easement to NCDOT and NCDOT may not commence construction activity within the Project or on APGI property until satisfactory completion of Yadkin's AC process. If you need additional information please do not hesitate to contact me at (704) 422-5644. Robert Smet Natural Resources Specialist SUBDIVISION ACCESS APPROVAL, MULTI-USE FACILITY O PERMITTING, AND INDUSTRIAL, APPROVAL PROCEDURES ALCOA YADKIN PROJECT, FERC NO. 2197 July 1, 1999 (Revision Date: July 1, 2002) I. OVERVIEW A. General The Yadkin Project (Pro.ject) includes four reservoirs: High Rock, Tuckertown, Narrows (Badin Lake), and Falls. The Project is licensed by the Federal Energy Regulatory Commission (FERC) as project number 2197. As a FERC licensee, Alcoa Power Generating Inc. (APGI), through its Yadkin Division (Yadkin), operates and manages the Project reservoirs in accordance with the terms of its license and the applicable rules and regulations of FERC. These responsibilities include providing adequate public access and public recreation facilities and protecting important natural, environmental, cultural, and scenic resources. These Procedures apply to subdivisions adjoining the FERC-licensed Project boundary (Project Boundary) or the Yadkin-Managed Buffer (defined below) and multi-use facilities and industrial uses/facilities within the Project Boundary, on the Yadkin-Managed Buffer, or on Yadkin-Managed Lands (defined below). Generally, the Project Boundary follows the normal full-pool elevation of the four reservoirs. Any land or waters lying within the Project Boundary are regulated by FERC through the terms of the Project license and are covered under these Procedures. Property owned by APGI, or its parent company, Alcoa [nc. (Alcoa), includes the land below the waters of the reservoirs and the generating facilities. In addition, along many areas of the reservoir shorelines, Yadkin manages property that is owned by APGI or Alcoa. In some cases, this ownership is a narrow strip of shoreline property. Often, ownership of these shoreline parcels is to a specific elevation contour and, therefore, the width of these parcels can vary considerably depending on the shoreline topography. On Narrows Reservoir, APGUAIcoa owns a narrow strip of shoreline property around nearly the entire reservoir, generally to an elevation of 545.0 feet (Yadkin datum), approximately 4 vertical feet above the normal full-pool elevation of the reservoir. APGUAIcoa also owns some narrow strips of shoreline property around portions of High Rock Reservoir. Most of the High Rock shoreline strips are also owned to a specified elevation. Collectively, these strips of shoreline property, up to 100 feet from the Project Boundary, are considered "Yadkin-Managed Buffer." [n other areas, APGI/Alcoa owns shoreline property that extends back from the water a considerable distance. In these areas, the first 100 feet of shoreline property from the normal full-pool elevation of the reservoirs is also considered "Yadkin-Managed Buffer." All other APGI/Alcoa lands more than 100 feet from the Project Boundary are referred to as "Yadkin-Managed Lands." Yadkin allows public access to Project lands and waters, so far as consistent with the proper operation of the Project, and also to portions of the Yadkin-Managed Buffer for purposes of navigation and recreation, including fishing and hunting. All other uses of the Project lands and waters, or the Yadkin-Managed Buffer, including the development of private access, subdivision access, multi-use recreation facilities (marinas, boat docks, fishing piers, boat launches, etc.), and industrial uses/facilities, require Yadkin's written permission. Private access across or other use ofYadkin-Managed Lands is generally not granted. These Procedures outline the steps that must be taken by developers seeking Yadkin's permission to use or occupy Project lands and waters or the Yadkin-Managed Buffer or to develop a subdivision where private access requests are anticipated. In addition, Yadkin has adopted a Shoreline Stewardship Policy (Stewardship Policy), which summarizes Yadkin's policies, procedures, and requirements regarding use of the Project lands and waters and the Yadkin-Managed Buffer. Developers are encouraged to obtain a copy of the Stewardship Policy and familiarize themselves with the Policy and the procedures and requirements that developers and owners of adjoining property and others must comply with in order to maintain eligibility to construct, maintain, and/or operate facilities within the Project Boundary or the Yadkin-Managed Buffer. Under its FERC license, AGPI, through its Yadkin Division has the authority to grant permission for certain types of use and occupancy of Project lands and waters and to convey certain interests in Project lands and waters. However, this can be done only if the proposed use and occupancy is consistent with the purposes of protecting and enhancing the scenic, recreational, and other environmental values of the Project. Therefore, Yadkin has the continuing responsibility to supervise and control the uses and occupancies for which it grants permission, and to monitor the use of, and ensure compliance with, the covenants of the instrument of conveyance for any interests that it has conveyed under its FERC license. If a permitted use or occupancy violates any condition of Yadkin's FERC license or any other condition imposed by Yadkin for the protection and enhancement of the Project's scenic, recreational, or other environmental values, or if a covenant of a conveyance made under the authority of its FERC license is violated, Yadkin will take any lawful action necessary to correct the violation. For a permitted use or occupancy, that action includes, if necessary, (i) canceling permission to use and occupy Project lands or waters, (ii) requiring the removal, at the perYnittee's sole expense, of any non-complying structures and facilities, and (iii) appropriate restoration and/or mitigation, up to and including restoring Project lands and waters and the Yadkin-Managed Buffer to their original condition. Yadkin also has the right to take similar actions for violations regarding the Yadkin-Managed Buffer and other Yadkin-Managed Lands. Enforcement of these Procedures is discussed in more detail in Section VII, below. B. Subdivisions Reservoir access for lots in new subdivisions adjoining the Project Boundary or the Yadkin-Managed Buffer will not be granted unless the proposed subdivision access is first reviewed and approved by Yadkin. Only after Yadkin has approved the subdivision access will any lots be eligible to apply for either a construction permit or a private recreation facility (individual or shared pier) permit. In the case of subdivisions for which the developer is proposing multi-use facilities (as defined below), prior notice to or prior approval by FERC may also be required. The subdivision access approval process is a procedure under which Yadkin, or in certain cases, FERC, determines whether the requirements of Yadkin's FERC license are met as they relate to the effect of the reservoir access anticipated for the subdivision on the reservoir and adjoining shoreline. Included in this determination is a final decision, with respect to lot width, water depth and cove width only, as to whether certain lots adjacent to the reservoir shoreline are eligible for a private pier. For lots that are deemed eligible for a private pier as part of this subdivision approval process, the procedures and requirements set forth in the Stewardship Policy or Specifications for Private Recreation Facilities at High Rock and Narrows Reservoirs (Specifications) must also be complied with before Yadkin will issue a construction permit to any lot owner. The subdivision approval process requires that the subdivision developer prepare an Environmental Assessment (EA) for some proposed subdivisions. A full EA, as described in Section V below, is required for the following types of subdivisions: 1. Any subdivision with lots adjacent to a Project reservoir shoreline that is located wholly or partly within the shoreline Conservation Zone, as delineated in Yadkin's Shoreline Management Plan (SMP, Appendix D) Subdivision Access Approval, Multi-Use Facility Permitting, and Industrial Approval Procedures -Page 2 of 23 2. Any subdivision with more than.5 lots adjacent to a Project reservoir shoreline (even if the subdivision is not located in the shoreline Conservation Zone) 3. Any subdivision adjacent to the Project reservoir shoreline with proposed multi-use facilities that, considered in the aggregate, can accommodate more than 10 watercraft Developers of all other types of subdivisions are not required to prepare a full EA, but must complete the Agency Consultation Process described irr Section VI below. Subdivision developers seeking to include multi-use facilities as part of the subdivision, including piers serving more than two lots, boat launches, community swimming areas, marinas, or other cotmunity/group facilities, need only complete a single EA for the proposed subdivision. In these cases, the EA must include information required for both the private access needs of the subdivision and multi- use facility aspects of the proposed subdivision, and will be used by Yadkin to review and approve the private access needs of the subdivision and any proposed multi-use facilities. C. Multi-Use Facilities Yadkin must review and approve the' construction, modification (reconstruction, additions, or expansion), and operation of any multi-use recreation or access facility (as defined in Section III) occupying lands or waters within the Project Boundary or the Yadkin-Managed Buffer. Repairs to an existing multi-use facility that require a building permit from the applicable County also require a written construction permit from Yadkin. Additional guidance maybe obtained by Yadkin upon request. Depending upon the type of facility being proposed, prior notice to or the prior approval of FERC may also be required. Consistent with its FERC license, Yadkin may authorize certain multi-use recreation and access facilities occupying Project lands and waters only if the proposed use and occupancy is consistent with the purposes of protecting and enhancing the scenic, recreational, and other environmental values of the Project. The multi-use facility permitting process is a procedure whereby Yadkin, or in some cases FERC, determines whether the requirements of Yadkin's license are met as they relate to the effect of the construction and operation of proposed multi-use facilities on the reservoir and adjoining shoreline. To be eligible for amulti-use facility construction or operating permit, the applicant must be an owner of property adjoining either the reservoirs or the Yadkin-Managed Buffer (adjoining property owner). The multi-use facility permit process requires the developer to prepare an EA for some types of proposed facilities. A full EA, as described in Section V below, is required for any proposed new construction or modification of the following types of multi-use facilities: 1. Any multi-use facility that is located wholly or partly within the shoreline Conservation Zone, as delineated in Yadkin's Shoreline Management Plan (SMP, Appendix D); 2. Any multi-use facility(ies)~ that is designed to accommodate more than 10 watercraft; or ~ For subdivisions and commercial enterprises, Yadkin will aggregate all proposed multi-use facilities, except for planned individual and shared piers, to determine the total number of watercraft that the facilities can accommodate. If, considered in the aggregate, the proposed multi-use facilities can accommodate more than 10 watercraft, then collectively the multi-use facilities will require prior FERC approval. If, considered in the aggregate, the facilities can accommodate 10 or fewer watercraft, then the multi-use facilities will be permitted on an individual basis as shown above. Subdivision Access Approval, Multi-Use Facility Permitting, and Industrial Approval Procedures -Page 3 of 2.3 3. Any comrrrercial multi-use facility that accommodates watercraft and is located within I/2 mile of an existing marina. Developers of all other types of multi-arse facilities are not required to prepare a full EA, but must complete the Agency Consultation Process described in Section VI below. Upon completion of the multi-use facility permitting process and any required prior FERC notice or approval, Yadkin will issue a construction permit for the proposed multi-use facility. Following construction and after a final inspection of the new facility, Yadkin will issue amulti-use facility operating permit. Multi-Use facility operating permits must be renewed every 5 years, and may be terminated by Yadkin in accordance with the terms of the multi-use operating permit, or for failure to abide by the Stewardship Policy and ether applicable Yadkin procedures and requirements. D. Industrial Uses/Facilities Uses or facilities other than those related to recreation and adjoining property owner access to the Project are generally considered industrial uses. All industrial uses/facilities of, or on, Project lands and waters, the Yadkin-Managed Buffer, or Yadkin-Managed Lands require Yadkin's written permission. Depending upon the proposed use/facility, Yadkin may be required to obtain prior approval from FERC or to provide FERC with prior notice before approving the proposed industrial facility/use, as described in Section IV below. Yadkin requires developers of all proposed industrial uses/facilities that require prior FERC approval to prepare and submit an EA, as outlined in Section V below, as part of their request to Yadkin for permission to use/occupy Project lands and waters, the Yadkin-Managed Buffer, or Yadkin-Managed Lands. For all other proposed industrial uses/facilities, the developer must conduct an Agency Consultation Process, as described in Section VI below. E. Contact Yadkin Early Entities considering the development of subdivisions adjoining the Project Boundary or the Yadkin- Managed Buffer, the construction of new multi-use or industrial uses/facilities or the modification of existing facilities should contact Yadkin as early as possible in the planning process to discuss the specific permitting/approval requirements that apply to the proposed activity and to obtain copies of the appropriate application materials and instructions. Yadkin can be contacted at the address and phone numbers below: Alcoa Power Generating Inc. Yadkin Division Box 576 Badin, NC 28009 1-888-886-1063 704-422-5678 II. SUBDIVISION ACCESS APPROVAL PROCESS A three-part process is utilized for the review and approval of access for planned subdivisions adjoining the Project Boundary or the Yadkin-Managed Buffer. The three parts are: 1)pre-application meeting; 2) application development; and 3) subdivision access approval notification. Each is described below. '~- - Subdivision Access Approval, Multi-Use Facility Permitting, and Industrial Approval Procedures -Page 4 of 23 A. Pre-Application Meeting 1. A subdivision developer must meet with Yadkin prior to submitting an application for subdivision access approval. This initial meeting should be held as early as possible in the planning process to avoid confusion and delay in preparing information required for the application. 2. Prior to the meeting, the developer must complete aPre-Application Meeting Worksheet that identifies the information that the developer is expected to bring to the meeting, including: a. Maps or sketches showing the location of the, proposed subdivision with respect to the reservoir shoreline and existing property boundaries; b. General information on the proposed subdivision, including: i) the number of subdivision lots and the number, size, and type of other facilities involved; ii) the anticipated need for access to Project lands or waters; iii) the anticipated need for use of or access across the Yadkin-Managed Buffer or other Yadkin- Managed Lands; c. A proposed schedule for submitting the application and constructing the proposed subdivision; d. The name, address, and phone number of a Professional Engineer that the developer proposes to certify any planned multi-use facilities; e. The name, address, and phone number of the environmental professional(s) that the developer proposes to conduct the required EA. At the pre-application meeting, Yadkin will review the information on the proposed subdivision access for consistency with the Stewardship Policy and other applicable requirements, review the requirements for completing the subdivision approval process including the EA, and provide a list of reviewing agencies. B. Application Development 1. A developer seeking subdivision access approval must file a completed EA or complete the Agency Consultation Process foY the proposed subdivision. The Agency Consultation Process is detailed in Section VI of these Procedures. Specifications for conducting an EA are detailed in Section V of this document. 2. An EA is required for any of the following types of subdivisions: a. Any subdivision with lots adjacent to a Project reservoir shoreline that is located wholly or partly within the shoreline Conservation Zone, as delineated in Yadkin's Shoreline Management Plan (SMP, Appendix D) b. Any subdivision with more than 5 lots adjacent to a Project reservoir shoreline (even if the subdivision is not located in the shoreline Conservation Zone) c. Any subdivision adjacent to the Project reservoir shoreline with proposed multi-use facilities that, considered in the aggregate, can accommodate more than 10 watercraft Subdivision Access Approval, Multi-Use Facility Permitting, and Industrial Approval Procedures -Page 5 of 23 3. EAs are not required for other types of subdivisions, but the developer must complete the Agency Consultation Process described in Section VI of this document. 4. The EA must be prepared by a qualified environmental professional or consulting firm. The subdivision developer must submit the EA to Yadkin as part of the Subdivision Access Approval Application. A complete application must include: a. An Application Checklist. b. A completed EA or Agency Consultation Process package. Note that for proposed subdivisions, the completed EA must contain the information in Section V.A.I.a-e. c. A copy of the final subdivision covenants that establish the required 100-foot forested setback requirement consistent with the Stewardship Policy. d. Copies of all correspondence from resource agencies regarding the EA, including alt comment letters, minutes of meetings with agencies, and any other information relevant to the review of the EA. e. Two copies of the subdivision plat map that will be recorded and approved by the county in which the subdivision is to be located. A non-refundable subdivision access approval application fee in accordance with Yadkin's current fee schedule for subdivision applications. Yadkin will review the application for completeness. If Yadkin finds the application to be incomplete, it may request additional information from the applicant. Upon finding that an application is complete, Yadkin will determine the applicable FERC notice or approval requirements. For any aspect of the subdivision that requires prior FERC notice or approval, Yadkin will provide notice to or file a request with FERC for the proposed subdivision. The decision on whether any aspect of the proposed subdivision requires FERC approval will be made solely by Yadkin on a case-by-case basis. If prior FERC approval is required, the applicant should anticipate at least a 90-day review period by FERC. C. Subdivision Access Approval 1. Yadkin will determine whether to issue approval of the proposed subdivision access based on its review of the application package and, where applicable, FERC's response. Yadkin's determination will be based, in part, on the following criteria: a. The proposed subdivision access and the applicable subdivision covenants are consistent with Yadkin's requirements for shoreline development and will satisfy the 100-foot forested setback requirement outlined in the Stewardship Policy. b. The proposed subdivision access will not adversely impact the reservoir and shoreline environment, or the developer has proposed measures to adequately mitigate any adverse environmental impacts. 1 ~ Subdivision Access Approval, Multi-Use Facility Permitting, and Industrial Approval Procedures -Page 6 of 23 c. The proposed subdivision access will not adversely impact any significant cultural resources located in the reservoirs or along its shoreline, or the developer has proposed measures to adequately mitigate any adverse impacts to cultural resources. d. The proposed subdivision adequately addresses safety impacts and will not unduly impede or restrict public use of, or access to, the Project reservoirs. e. Lots in the subdivision for which the developer anticipates private or shared piers will meet Yadkin's minimum requirements for lot width, water depth, and cove width. f. The proposed subdivision access EA has been reviewed by federal and State resource agencies and the reviewing agencies have indicated tltat they have no concerns or that their concerns have been adequately addressed by the developer. g. In the case of proposed subdivisions with any aspect that requires prior FERC notice or approval, Yadkin finds acceptable any requirements or conditions imposed by FERC. 2. Yadkin reserves the right to make case-by-case determinations in situations that are not explicitly covered by these Procedures. 3. As stated in Section. I.B. above, the subdivision access approval process is a procedure whereby Yadkin, or in certain cases, FERC, determines whether the requirements of Yadkin's FERC license are rnet as they relate to the effect of the reservoir access anticipated for the subdivision on the reservoir and adjoining shoreline. Included in this.detennination is a final decision, with respect to lot width, water depth and cove width only, as to whether certain lots adjacent to the reservoir shoreline are eligible for a private pier. Although the determination is subject to being revoked for failure to conform to the Stewardship Policy or other permitting requirements existing at the time the private access approval is granted, or by supervening regulatory authorities that are not within Yadkin's control, it is unaffected by changes in ownership of the individual lots. 4. If Yadkin decides to approve the proposed subdivision access, Yadkin will issue the developer a written approval. This approval will contain a list of lots within the subdivision that Yadkin has determined meet Yadkin's current requirements for minimum lot width, water depth, and cove width. Aside from this subdivision access approval (constituting a current statement of eligibility for a private pier from an environmental and recreational perspective), Yadkin can offer no assurances regarding future cltanges in environmental and recreational requirements or the effect of such changes on private pier eligibility, including Yadkin's or FERC's discretion under the Federal Power Act to continue to permit such facilities. 5. After Yadkin has approved the proposed subdivision access, Yadkin will begin processing private pier applications. Individual lot owners must apply for a construction permit and then a private recreation facility permit, and must comply with the Stewardship Policy and the Specifications. 6. The primary sanctions for failure by the lot owner to comply with any of the Stewardship Policy requirements, including the 100-foot forested setback requirement, include the loss of eligibility for a private recreation facility permit and use of, or private access across, the Yadkin-Managed Buffer. Yadkin will also require corrective action including but not limited to restoration and/or mitigation. For enforcement details, see Section VII, below. 7. In the subdivision access approval letter, Yadkin will also provide a list of lots that are not considered eligible for private or shared piers, along with an explanation of why these lots are not eligible. Subdivision Access Approval, Multi-[Jse Facility Permitting, and Industrial Approval Procedures -Page 7 of 23 8. The subdivision developer is responsible for laying-out the proposed subdivision such that all lots can meet the 100•-foot forested setback requirement. Yadkin will only grant setback variances where compliance with the 100-foot forested setback requirement would render a particular lot unbuildable2. If any individual lot is denied pier eligibility because the lot is not sufficiently sized to meet the required 100-foot forested setback, a developer may apply to Yadkin for a setback variance for that lot. In those instances, Yadkin expects the number of variances granted within a given subdivision will not exceed .5% of the total number of lots. Yadkin will grant no variances for failure to satisfy minimum water depth, lot width, and cove width requirements. 9. If Yadkin denies the subdivision access application, a written statement will be mailed to the applicant stating the reasons for denial. An applicant may reapply for subdivision access approval at any time. An applicant can also request a meeting with Yadkin to discuss the reasons for application denial and steps, if any, that the applicant may take to improve the application. III. MULTI-USE FACILITY PERMITTING PROCESS A. General 1. Multi-Use facilities are any public or private facilities, other than private individual or shared piers (two adjoining lot owners), for recreation or for purposes of accessing Project lands or waters. 2. A multi-use facility construction permit from Yadkin is required before construction of any new multi- use facilities or modification of any existing multi-use facilities that occupy Project lands or waters or that are wholly or partly located on the Yadkin-Managed Buffer. Repairs to an existing multi-use facility that require a building permit from the applicable County also require a written construction permit from Yadkin. Additional guidance may be obtained by Yadkin upon request. 3. Following construction, operation of these facilities requires amulti-use facility operating permit from Yadkin. 4. Under its FERC license, Yadkin may authorize certain types of multi-use facilities on Project lands or waters without prior FERC notice or approval. Other facilities require prior FERC notice or approval. Table 1 summarizes the types of multi-use facilities that Yadkin may approve without prior FERC notice, those that require a 45-day prior notice to FERC, and those that require prior FERC approval. Table 1 also indicates EA and Agency Consultation Process requirements for various types of multi- use facilities. In the case of a new subdivision for which more than one multi-use facility is proposed, Yadkin will aggregate the proposed multi-use facilities and consider the combined number of watercraft that could be accommodated by the facilities in determining the applicable FERC notice or approval requirements. An unbuildable lot is defined as a lot which cannot otherwise accommodate athree-bedroom house of 1,800 square feet. A developer is responsible for platting the subdivision so as to minimize the number of unbuildable lots. Subdivision Access Approval, Multi-Use Facility Permitting, and Industrial Approval Procedures -Page 8 of 23 Table 1 Sununary of Multi-tJse Facility Types and Required Prior FERC Notice/Approval Facility Description Facility Type FERC Prior FERC EA or Type of 45-Day Approval Agency Yadkin Notice Required Consultation Permit Required (AC) Required Re uired~ Facility(ies) accommodates more than 10 Marina No Yes EA Multi-Use watercraft and is operated as part of a (commercial) commercial ente rise.'- Facility(ies) accommodates more than 10 Marina (non- No Yes EA Multi-Use watercraft and is not operated as part of a commercial) commercial ente rise.'` Facility(ies) accommodates 1-10 Marina Yes No AC Multi-Use watercraft and is operated as part of a (commercial) commercial ente rise. Facility(ies) accommodates watercraft, is Marina No Yes EA Multi-Use operated as part of a commercial (commercial) enterprise, and is located within 1/2 mile of an existin marina. Facility(ies) accommodates 1-10 Boat Dock No No AC Multi-Use watercraft, is not operated as part of a commercial enterprise, and is not a rivate (individual or shared) ier. Facility(ies) is a boat launch ramp Boat Launch Yes No AC Multi-Use operated as part of a commercial Ramp ente rise or rovides other services. (commercial) Facility(ies) is a boat launch ramp not Boat Launch No No AC Multi-Use operated as part of a commercial Ramp (non- enterprise and provides no other commercial) services. Facility(ies) is a pier with no Multi-Use Pier Yes No AC Multi-Use accommodation far watercraft and is (commercial) operated as part of a commercial enterprise (examples include commercial fishin iers). Facility(ies) is a pier with no Multi-Use Pier No No AC Multi-Use accommodation for watercraft, but which (non- isavailable for use by more than two commercial) adjoining lot owners (examples include fishing piers, homeowner association iers, rivate club iers, etc.). An EA is required for all proposed multi-use facilities, regardless of category, that are located wholly or partly within the shoreline Conservation Zane, as delineated in Yadkin's Shoreline Management Plan (SMP, Appendix D). For subdivisions and commercial enterprises, Yadkin will aggregate all proposed multi-use facilities, except for planned individual and shared piers, to determine the total number of watercraft that the facilities can accommodate. If, considered in the aggregate, the proposed multi-use facilities can accommodate more than 10 watercraft, then collectively the multi-use facilities will require prior FERC approval. lf, considered in the aggregate, the facilities can accommodate ] 0 or fewer watercraft, then the multi-use facilities will be permitted on an individual basis as shown above. Subdivision Access Approval, Multi-Use Facility Permitting, and Industrial Approval Procedures -Page 9 of 23 5. A multi-use facility permittee planning any modification of an existing multi-use facility must first notify Yadkin, and Yadkin will determine prior F"ERC notice or approval requirements and EA or Agency Consultation Process requirements, and whether an amendment to the existing multi-use permit is required. 6. Multi-Use facility construction and operating permits will be issued only to the adjoining property owner who will benefit from or be serviced by the proposed multi-use facilities. However, the adjoining property owner may designate a "contact agent" who has authority to act on behalf of the owner in any discussions with Yadkin. 7. In any instance in which a governmental body operates a facility with any other entity (except Yadkin), a multi-use permit will be issued jointly to the governmental body and all such entities acting in conjunction with the governmental body. The governmental body and all such entities will be jointly and severally responsible for compliance with all terms and conditions of the permit. 8. The multi-use facility perrnittee(s) is solely responsible for operating and maintaining the permitted facilities in compliance with all terms and conditions of the permit, the Shoreline Stewardship Policy, all applicable Yadkin procedures and requirements, and all applicable local, State, and federal laws. The permittee(s) will indemnify and hold harmless Yadkin, Alcoa, and their successors and assigns from any personal injury, property damage, losses of or damage to natural resources or the environment, or other liability resulting from the petmittee's operation of the facilities or the permittee's failure to comply with any applicable local, State, or federal laws, as is set forth in more detail in the multi-use permit. 9. A four-part process is utilized for the issuance of a permit for new multi-use facility construction and the amendment of a multi-use permit. T'he four parts are: 1)pre-application meeting; 2) application development; 3) construction permit; and 4) multi-use facility operating permit. Each is described below. B. Pre-Application Meeting 1. Anyone seeking amulti-use facility construction permit must meet with Yadkin prior to submitting an application for amulti-use facility permit. This initial meeting should be held as early as possible in the planning process to avoid confusion and delay in preparing information required for the application. 2. Prior to the meeting, the applicant must complete aPre-Application Meeting Worksheet that identifies the information that the applicant is expected to bring to the meeting including: a. Maps or sketches showing the location of the proposed facilities with respect to the reservoir shoreline and existing property boundaries; b. General information on the proposed facilities including: i) the number, type and size of facilities involved, including as estimate of the number of watercraft the facilities can accommodate; ii) the anticipated need for access to Project lands or waters; iii) the anticipated need for use of or access across the Yadkin-Managed Buffer or other Yadkin- Managed Lands; c. A proposed schedule for submitting the application and constructing the proposed facilities; Subdivision Access Approval, Multi-Use Facility Permitting, and Industrial Approval Procedures -Page 10 of 23 d. The name, address, and phone number of a Professional Engineer that the applicant proposes to certify the proposed multi-use facilities; e. The name, address, and phone number of the environmental professionals} that the applicant proposes to conduct the required EA. 3. At the pre-application meeting, Yadkin will review the information on the proposed multi-use facilities for consistency with the Stewardship Policy and other applicable requirements, review the requirements for completing the multi-use facility permitting process including the EA, provide notice of its insurance requirements and provide a list of reviewing agencies. C. Construction Permit Process 1. An applicant seeking amulti-use facility construction permit must prepare amulti-use facility construction permit application and receive a construction permit from Yadkin prior to beginning construction of new facilities or modification of existing multi-use facilities. 2. As part of the application, the applicant must prepare and submit an EA or an Agency Consultation Process package for the proposed facilities. a. An EA must be prepared and filed with Yadkin for construction of any new multi-use facility, and may be required for modification of an existing multi-use facility, that is designed to accommodate more than 10 watercraft or that is located wholly or partly within the shoreline Conservation Zone, as delineated in Yadkin's Shoreline Management Plan (SMP, Appendix D). b. In the case of new subdivisions and commercial enterprises, Yadkin will aggregate all proposed multi-use facilities to determine the total number of watercraft that the proposed facilities can accommodate. If, considered in the aggregate, the facilities can accommodate more than 10 watercraft, then an EA will be required for that subdivision, regardless of the number of lots involved, or for the commercial enterprise, as the case may be. 3. Applicants for all other types of multi-use facilities are required to complete the Agency Consultation Process described in Section VI of this document. 4. The EA must be prepared by a qualified environmental professional or consulting firm. 5. A complete application for amulti-use facility construction permit must include: a. An Application Checklist; A map of the proposed development site showing all existing and proposed facilities. The map must also clearly indicate the location of the Yadkin Managed-Buffer or other Yadkin- Managed Lands located along the shoreline or adjoining the proposed facilities. (Such a map should be included in the EA); Construction plans or detailed drawings of the proposed facilities, at a scale of 1:2,400 (I inch = 200 feet) or larger; d. Certification by an approved registered Professional Engineer that the proposed facilities and any changes to existing facilities are safe and structurally sound; Subdivision Access Approval, Multi-Use Facility Permitting, and Industrial Approval Procedures -Page I 1 of 23 e. A complete Environmental Assessment (EA) or completed Agency Consultation Process package; . £ Copies of all necessary county, State and federal permits required for the proposed facility; g. Anon-refundable construction permit application fee in accordance with the Yadkin's current multi-use facility application fee schedule. 6. Yadkin will review the application for completeness. If Yadkin finds the application to be incomplete, it may request additional information from the applicant. 7. Upon finding that an application is complete, Yadkin will determine the applicable FERC notice or approval requirements. For all new multi-use facilities that require prior FERC notice or approval, Yadkin will provide notice to or file a request with FERC for approval of the proposed facility. The decision on whether proposed new facilities or modification of existing permitted facilities require prior FERC notice or approval will be made solely by Yadkin on a case-by-case basis. If prior FERC approval is required, the applicant should anticipate at least a 90-day review period by FERC. D. Construction Permit Approval Criteria and Provisions 1. Yadkin will determine whether to issue amulti-use facility construction permit based on its review of the application package and, where applicable, FERC's response to the prior notice or Yadkin's request for prior approval. Yadkin's determination will be based, in part, on the following criteria: a. Proposed facilities meet the following specifications: i) Proposed facilities will generally not encroach or extend into Project waters moc•e than 1/4 of the distance to the opposite shoreline or more than 120 feet into Project waters, whichever is less; and in no case will proposed facilities extend further into the water than is necessary to achieve the intended use; ii) Proposed facilities will meet Yadkin's minimum water depth requirements (8-foot minimum water depth at normal full-pool elevation) such that the minimum water depth is available to all proposed slips or along all portions of the facilities intended for docking watercraft; b. Piers, boat docks, and marinas incorporate the use of floating sections such that the facilities will remain functional under normal fluctuations in reservoir water levels that occur during the recreation season; c. Proposed facilities are otherwise consistent with Yadkin's policies for shoreline development and will adequately meet their intended purpose; d. The proposed multi-use facilities will not adversely impact the reservoir and shoreline environment, or the developer has proposed measures to adequately mitigate any adverse environmental impacts; e. The proposed multi-use facilities will not adversely impact any significant cultural resources located in the reservoirs or along its shoreline, or the developer has proposed measures to adequately mitigate any adverse impacts to cultural resources; f. The proposed facilities adequately address safety impacts and will not unduly impede or restrict public use of, or access to, the Project reservoirs; Subdivision Access Approval, Multi-Use Facility Permitting, and Industrial Approval Procedures -Page 12 of 23 g. Proposed facilities have been reviewed by federal and State resource agencies and the reviewing agencies have indicated that they have no concerns, or that their concerns have been adequately addressed by the applicant; h. Proposed facilities providing for the sale of petroleum products will, at a minimum, comply with all applicable federal, State, and local regulations and will he installed to ensure that adverse environmental and safety impacts are avoided; In the case of proposed facilities that require prior FERC notice or approval, Yadkin finds acceptable arty requirements or conditions imposed by FERC. j. The developer has provided Yadkin with a certificate of insurance evidencing that it carries insurance in the amount and form required by Yadkin. 2. Yadkin reserves the right to make case-by-case determinations in situations that are not explicitly covered by these Procedures. 3. When issued, the multi-use facility construction permit will be mailed to the applicant. If the application is denied, a written statement will be mailed to the applicant stating the reasons for denial. An applicant may reapply for amulti-use facility construction permit at any time. An applicant can also request a meeting with Yadkin to discuss the reasons for application denial and steps, if any, that the applicant may take to improve the application. Upon receipt of the construction permit, the applicant must secure a county building permit. Construction may not begin until Yadkin has received from the applicant a copy of the approved county building permit. Approved new construction, or modification of existing multi-use facilities, must be completed within 18 months from the issuance of the construction permit or within such other time frame as may be stated in the construction permit. 6. An extension of time, not to exceed 1 year, may be granted at Yadkin's discretion in response to a written request from the permittee, including justification for the requested extension. 7. Yadkin reserves the right to modify a construction permit to include additional or modified standards and requirements at the time of the permit extension, if the applicable standards and requirements have been modified since the issuance of the original construction permit. 8. The permittee must notify Yadkin when construction is completed. E. Multi-Use Facility Operating Permit 1. Yadkin will enter into amulti-use facility operating permit with the applicant for new or modified facilities when the following requirements have been met: a. Final inspection -Upon completion of construction, Yadkin will schedule and conduct a final inspection to ensure that the facilities are constructed in conformance with the construction permit. b. Permit fee -Payment of applicable annual operating permit fees, which vary based on the type and number of facilities, use of the facilities, and ownership (a current fee schedule can be obtained from Yadkin). Subdivision Access Approval, Multi-Use Facility Permitting, and Industrial Approval Procedures -Page 13 of 23 c. Proof of insurance i) All multi-use facilities must carry comprehensive general liability insurance for personal injury and property damage and other insurance required by Yadkin in an amount and with terms satisfactory to Yadkin. Such insurance must be primary and must name Yadkin and Alcoa as additional insureds. A multi-use facilities' owner or operator must provide to Yadkin, on an annual basis, a certificate evidencing the insurance required by Yadkin and proof that all premiums on the policy are paid and up to date. ii) Any governmental body desiring to constnrct, maintain, and otherwise operate amulti-use facility must obtain and maintain for the facility comprehensive general liability insurance for personal injury and property damage and other insurance required by Yadkin in an amount and with terms satisfactory to Yadkin. Such insurance must be primary and must name Yadkin and Alcoa as additional insureds, and must insure Yadkin and Alcoa against any acts and omissions of any governmental employee, agent, or contract employee (collectively "employees"). The governmental multi-use facility must also provide, on an annual basis, a certificate evidencing the insurance required by Yadkin and proof that all premiums on the policy are paid and up to date. In instances in which a governmental body operates amulti-use facility in conjunction with another governmental body or any other entity as co-permittee(s) (except Yadkin), this insurance may be obtained by any of the co-permittees and must conform to the conditions described above. 2. All of the requirements for the issuance of amulti-use operating permit must be met within 90 days of completion of construction, and no operating permit will be issued absent written proof of the requirements specified in this Section III.E.I.c. If a multi-use facility operating permit is not renewed, lapses, or is terminated, closure of the multi-use facility is required at the permittee's sole expense, and the permittee, at its sole expense, must remove any and all structures, equipment, appurtenances, and any other materials associated with the facilities, and restore the Project lands and water or the Yadkin-Managed Buffer to their original condition. Yadkin may also undertake other enforcement as detailed in Section VII, below. F. Annual Fees Multi-Use operating permit fees will be paid to Yadkin annually in accordance with Yadkin's current fee schedule. G. Permit Renewal or Termination 1. A multi-use operating permit must be renewed every 5 years. Yadkin will notify the permittee of the upcoming permit expiration date. In order to renew amulti-use facility operating permit, (i) the permittee must have complied with the permit, (ii) all fee payments must be up to date, (iii) the permittee must provide a certificate of insurance evidencing that the permittee carries insurance in the amount and form required by Yadkin and (iv) the permittee must provide Yadkin with certification from a registered Professional Engineer that all permitted facilities are in good repair, stnrcturally sound, and in compliance with all applicable county, State, and federal requirements. 3. A multi-use operating permit may be terminated by Yadkin in accordance with its terms and as provided in Section VII below. Subdivision Access Approval, Multi-Use Facility Permitting, and Industrial Approval Procedures -Page 14 of'23 H. Multi-iJse Permit Transfers 1. Multi-Use facility operating permits are not automatically transferable. Prior to the sale or transfer of multi-use facilities, the current property owner (seller) or seller's agent must contact Yadkin to request a permit transfer. Upon request, Yadkin will arrange a site visit. If Yadkin finds (i) the seller has complied with the permit, the Stewardship Policy, and all other applicable Yadkin procedures and requirements, (ii) all fee payments are up to date, and (iii) a registered Professional Engineer has determined that all permitted facilities are in good repair, structurally sound, and in compliance with all applicable county, State, and federal requirements, Yadkin will provide the seller or the seller's agent with a form to request transfer of the permit. 3. The buyer must pay a transfer fee, in accordance with Yadkin's current fee schedule, and provide Yadkin with proof of insurance for the multi-use facilities, as described in Section IfI.E.I .c of these Procedures, at which time Yadkin will provide to the buyer a new multi-use facility permit that must be completed and signed by the buyer at the time of closing. 4. If facilities are deemed not transferable at the time of inspection, Yadkin will provide the seller or the seller's agent with a written description of repairs [up to and including replacement of the existing structure(s)], and other actions that must be undertaken before the facilities will be transferable. A written construction permit must be obtained from Yadkin prior to undertaking such repairs. I. Existing Multi-Use Facilities Yadkin may at tunes be aware of existing multi-use facilities that have not previously been issued a multi-use facility operating permit. Yadkin will provide written notice to the owner of the unpermitted facilities of the need to submit an application for amulti-use facility operating permit in accordance with these Procedures. In general, the owner will be responsible for submitting items b, c, d, f, and g as described in Section III.C.S. Generally, an EA will not be required for facilities existing prior to July 1, 1999. However, existing facilities will be reviewed by Yadkin to ensure their general compliance with the Stewardship Policy, and consultation with State and federal resource agencies may be required. 2. Yadkin will inspect the facilities, determine the adequacy of the information provided, and determine the applicability of any FERC notice or approval. Upon receipt of any required FERC approval, payment of the annual permitting fee, if applicable, and satisfaction of the insurance requirements listed in Section III.E. l.c, above, Yadkin will issue amulti-use facility operating pernrit for the facilities. 3. Modification of existing multi-use facilities must be approved pursuant to the standard four-part permitting process described in Section III.B-E, above. IV. INDUSTRIAL USES/FACILITIES Uses or facilities other than those related to recreation and adjoining property owner access to the Project are generally considered industrial uses. All industrial uses/facilities of or on Project lands and waters, the Yadkin-Managed Buffer, or Yadkin-Managed Lands require Yadkin's prior written permission. Depending upon the proposed use/facility, under its FERC license Yadkin is required to seek prior approval from FERC or provide FERC with 45 days notice before approving the proposed industrial use/facility. In some cases, Yadkin can authorize a proposed industrial use/facility without prior FERC notice or approval but must report such authorizations to FERC annually. Table 2 summarizes the types of industrial Subdivision Access Approval, Multi-Ilse Facility Permirting, and Industrial Approval Procedures -Page 15 of 23 uses/facilities that Yadkin may approve without prior FERC notice, those that require a 45-day prior notice to FERC, and those that require prior FERC approval. Table 2 also indicates EA and Agency Consultation Process requirements for various types of industrial uses/facilities. Table 2 Prior FERC Notice Requirements for Proposed Industrial Uses/Facilities Yadkin FERC FERC Prior Yadkin Yadkin Written Annual 45-Day FERC EA Agency Permission Report Prior Approval Required Consultation Required Notice Process Re uired Replacement, maintenance, or ~ ~ ~ expansion of existing bridges and roads _ New bridges or roads ~ ~ ~ Minor access roads ~ ~ ~ Storm drains and water mains ~ ~ ~ Sewers that do NOT discharge to ~ ~ ~ Project waters Sewer or effluent lines that DO ~ ~ ~ dischar a directl into Project waters Other pipelines that cross project ~ ~ ~ lands or waters but do NOT discharge to Project waters Non-project transmission lines/cables ~ ~ ~ with NO support structure in Project Bounda • Non-project overhead transmission ~ ~ ~ lines/cable WITH support structure in Project Bounda Major distribution cables (submarine, ~ ~ ~ under round or overhead) Water intake or pumping facilities <1 ~ ~ _ ~ m d Water intakes >1 mgd (including ~ ~ ~ irri ation s stems) ~ An EA is required for all proposed industrial uses/facilities, regardless of category, that are located wholly or partly within the shoreline Conservation Zone, as delineated in Yadkin's Shoreline Management Plan (SMP, Appendix D). Yadkin requires developers of all proposed industrial uses/facilities that require prior FERC approval to prepare and submit an EA as part of its request to Yadkin for permission to use/occupy Project lands and waters or the Yadkin-Managed Buffer. In addition, an EA is required for all proposed industrial uses/facilities located wholly are partly within the shoreline Conservation Zone, as delineated in Yadkin's Shoreline Management Plan (SMP, Appendix D). Developers of all other proposed industrial uses/facilities must conduct an Agency Consultation Process. Both the EA and Agency Consultation Process are outlined below. In addition, there may be other process/approval requirements from State agencies and local governments. Subdivision Access Approval, Multi-Use Facility Permitting, and Industrial Approval Procedures -Page 16 of 23 V. ENVIRONMENTAL ASSESSMENT SPECIFICATIONS The Environmental Assessment (EA) must examine resources and potential impacts to Project waters and lands along the shoreline within 100 feet of the normal full-pool elevation of the reservoir. Specific information requirements of the EA are outlined below. Most EA requirements apply to subdivision access, multi-use facilities, and industrial uses/facilities, although some EA requirements are specific to one type or another and are so identified. Developers of subdivisions that also include one or more proposed multi-use facilities must provide all information required for both proposed subdivision access and multi~~use facilities. In the case of modification of existing facilities, the EA must address the impact of the proposed modification A. Proposal I: General Description - a detailed description of the proposed subdivision, multi-use facilities, or industrial uses/facilities, including maps illustrating boundaries of the subdivision property or facilities, proposed lot lines, and the placement of structures in relation to existing property boundaries and the reservoir shoreline. Maps must clearly indicate the location of any Yadkin-Managed Buffer or other Yadkin-Managed Lands adjoining the site of the proposed subdivision or facility. In the case of subdivisions, the EA must also contain the following specific information: a. A map of the subdivision showing all proposed private lots, as well as any lots to be used as common areas. Each lot should be clearly identified with an individual lot number, and the map must clearly indicate any Yadkin-Managed Buffer or adjacent Yadkin-Managed Lands. b. A list or map showing lots that are proposed for private, shared (for two adjoining lots), or multi- use facilities (group piers, launches, etc.), or other facilities that require a permit from Yadkin. c. The shoreline width of each lot adjacent to the Project reservoir as measured at normal full-pool elevation of the reservoir (655-foot contour at High Rock, 541.1-foot contour at Narrows)'. Lot width in areas where there is Yadkin-Managed Buffer should be measured by extending the side lot lines to the normal full-pool elevation of the reservoir. d. The water depth at normal full-pool elevation near the center of each lot adjacent to the reservoir at a distance of 75 feet from the shoreline. e. A reasonable site plan for each lot adjacent to the reservoir shoreline illustrating how Yadkin's requirement fora 100-foot forested setback will be achieved (see the Stewardship Policy). 2. Purpose - a description of the purpose and need for the proposed subdivision or facilities or modification of existing facilities. 3. Shoreline Impact - a description of the amount and type of impact on the reservoir and the shoreline within 100 feet of the normal full-pool elevation of the reservoir. 4. Required Permits - a listing of all federal, State, and local permits/approvals that will be required. 3 All contour elevations are Yadkin datum. Subdivision Access Approval, Multi-Use Facility Permitting, and Industrial Approval Procedures -Page 17 of 23 5. Shoreline Development Restrictions - a description of any State or local development restrictions that apply to the proposed subdivision or facilities, including any county ordinances, watershed protection, buffer zone, or setback requirements. 6. Building Setback - a description of how the developer proposes to meet or exceed Yadkin's 100-foot forested setback requirement. In order for lots in a subdivision to be eligible for a private pier or to be granted other access or activity permits, Yadkin requires a 100-foot forested setback from the reservoir for all new structures (including but not limited to buildings, houses, driveways, roof overhangs, decks, porches, patios, cantilevered decks, stairs, posts, columns, fences, retaining walls, landscaping walls, and gazebos). (See the Stewardship Policy.) For subdivisions, the EA must indicate how setback and forested area requirements for property owners will be enforced (e.g., restrictive covenants, deed restrictions, etc.). B. Existing Environment 1. Existing Shoreline Characteristics - a description of the shoreline and adjoining land area within 100 feet of the normal full-pool reservoir elevation, including a general description of existing land use and condition, shoreline topography, shoreline vegetation, and other notable features. 2. Existing Reservoir Characteristics - a description of the reservoir area adjacent to the proposed subdivision or facilities, including a detailed map of water depths within 75 feet of the shoreline, the slope of the reservoir bottom, a description of the reservoir substrate, and a description of any reservoir features including the presence of any aquatic vegetation and lap trees. 3. Existing Reservoir Access/Facilities - a description of any existing access to the reservoir such as pathways, piers, or boat launches on the property proposed for the subdivision or facilities. 4. Designation as Conservation Zone - an estimate of the portion of the proposed subdivision or facilities that would fall within the Conservation Zone as delineated in Yadkin's Shoreline Management Plan (SMP, Appendix D). C. Environmental Impacts and Proposed Mitigation Environmental Impacts - a detailed assessment of the potential impact on the reservoir and the land area along the shoreline within 100 feet of the normal full-pool reservoir elevation. This section must at a minimum consider the following effects: a. Change in shoreline land use. b. Impact of completed subdivision or facilities on the reservoir shoreline. c. Impact on shoreline vegetation and plant communities. d. Impact on shoreline wildlife and wildlife habitat. e. Impact on the reservoir as habitat for fish and other aquatic life. f. Impact on wetlands and areas of aquatic vegetation. g. Impact on reservoir water quality, including the potential for increased sedimentation and nonpoint source pollution from runoff. Subdivision Access Approval, Multi-Use Facility Permitting, and Industrial Approval Procedures -Page 18 of 23 2. Recreation Use Impacts - an assessment of the increase in recreation use of the reservoir and reservoir shoreline resulting from the proposed subdivision or facilities, or modification, and the effects of increased use on the reservoir and shoreline. This section must consider the following: a. An estimate of resulting increased boating and/or other water-related recreation use. b. An assessment of the effects that the increased recreation use will have on the reservoir and the reservoir shoreline. Mitigation Proposals - a description of any measures proposed by the developer to avoid, reduce, or mitigate impacts to the reservoir and reservoir shoreline that are expected to occur as a result of the proposed or modified/expanded subdivision or facilities. This section should also include a discussion of any measures proposed to address concerns raised by federal or State resource agencies. For a subdivision or facilities wholly or partly within the shoreline Conservation Zone (as delineated in Yadkin's SMP, Appendix D), the EA should emphasize mitigation of adverse effects on the important natural resources found in the Conservation Zone. D. Cultural Resource Evaluation 1. For proposed facilities or subdivisions located wholly or partly within High or Medium cultural resource probability zones, as delineated in Yadkin's Shoreline Management Plan, (SMP, Appendix C), a cultural resource evaluation will also be required as part of the EA. 2. The cultural resource evaluation requires an assessment of potential impacts to cultural resources located along the shoreline within i00 feet of the normal full-pool reservoir elevation. 3. In cases where a cultural resource survey must be conducted, applicants must submit the following information to the agencies as part of their information submittal: a. The results of a survey conducted by a professional archaeologist indicating the location of any significant historic/prehistoric cultural sites in the area that are along the shoreline within 100 feet of the normal full-pool reservoir elevation. b. A description of potential impacts to cultural resources resulting from the proposed subdivision or facilities. c. The developer's proposal for avoiding or mitigating anticipated impacts to cultural resources. E. Agency Consultation The EA must include a record demonstrating that the developer has consulted with federal, State, and county resource agencies and has received agency comments indicating their satisfaction with the proposal. Yadkin will provide the applicant with a list of reviewing agencies. At a minimum, this section must include the following: 1. A list of all resource agencies consulted. 2. Copies of any correspondence between the consulted agencies and the developer. Subdivision Access Approval, Multi-Use Facility Permitting, and Industrial Approval Procedures -Page 19 of 23 Copies of letters from consulted resource agencies indicating that they have reviewed the proposed subdivision or facilities or modification and that they have no concerns, or that their concerns have been adequately addressed by the developer. F. Applicant Information 1. Name, address, and phone number(s) of the applicant, along with a brief description of the background and qualifications of the applicant in terms of type of business experience, and where registered or licensed. 2. A brief description of the background and qualifications of any/all firms that assisted in the preparation of the EA. VI. AGENCY CONSULTATION PROCESS A. General Certain types of smaller subdivisions, multi-use facilities, and industrial uses/facilities that are not located in the shoreline Conservation Zone, as delineated in Yadkin's Shoreline Management Plan (SMP, Appendix D), are not required to complete an EA but are required to conduct the Agency Consultation Process described below. The applicant must prepare a package of information for submission to State and federal resource agencies for their review and comment. Yadkin will provide the applicant with a list of the reviewing agencies. The information package must include the following basic information. In the case of modification of existing facilities, the information package must focus on the proposed modification. B. Information Package I . Cover Letter - a cover letter similar to the attached, providing the agency with basic information regarding the proposed subdivision access or facilities. Description - a brief description of the proposed subdivision or facilities or modification, including maps illustrating boundaries of the subdivision property or facilities, proposed lot lines, and the placement of structures in relation to property boundaries and the reservoir shoreline. Maps should clearly indicate the location of any Yadkin-Managed Buffer or adjacent Yadkin-Managed Lands. In the case of subdivisions, the developer should also include (i) a copy of the subdivision plat that will be filed with the county, (ii) a description of the anticipated desires of individual property owners for reservoir access and individual access facilities (piers), and (iii) a description of provisions for joint or common access to the reservoir, including any multi-use facilities proposed. 3. Shoreline Impact - a brief description of the anticipated impact on the reservoir and the shoreline within 100 feet of the.normal full-pool elevation of the reservoir. 4. Required Permits - a list of all federal, State, and local permits/approvals that will be required. 5. Shoreline Development Restrictions - a description of any State or local development restrictions that apply to the proposed subdivision or facilities, such as any watershed protection, buffer zone or setback requirements and including any provisions of Yadkin's Shoreline Management Plan such as the 100-foot forested setback from the reservoir shoreline that apply to the proposed subdivision or facilities. Subdivision Access Approval, Multi-Use Facility Permitting, and Industrial Approval Procedures -Page 20 of 23 „ ~ 6. Applicant Information -Name, address, and phone number of the applicant, and a brief description of the background of the applicant. C. Cultural Resource Evaluation 1. For proposed subdivisions or facilities located wholly or partly within High or Medium cultural resource probability zones, as delineated in Yadkin's Shoreline Management Plan (SMP, Appendix C), a cultural resource evaluation will also be required as part of the Agency Consultation Process. 2. The cultural resource evaluation requires an assessment of potential impacts to cultural resources located along the shoreline within 100 feet of the normal full-pool reservoir elevation. 3. In cases where a cultural resource survey must be conducted, applicants must submit t}re following information to the agencies as part of their information package described in VI.B, above: a. The results of a survey conducted by a professional archaeologist indicating the location of any significant historic/prehistoric cultural sites in the proposed development area that are along the shoreline within 100 feet of the normal fiill-pool reservoir elevation. b. A description of potential impacts to cultural resources resulting from the proposed subdivision or facilities. c. The applicant's proposal for avoiding or mitigating anticipated impacts to cultural resources. D. Submission of Information to Agencies. 1. The complete information package must be sent to the following agencies for their review and comment before being submitted to Yadkin. A sample cover letter for use in submitting the information package to the agencies is attached. U. S. Fish and Wildlife Service U. S. Army Corps of Engineers c. North Carolina State Clearinghouse d. North Carolina Wildlife Resources Commission North Carolina Department of Cultural Resources North Carolina Division of Water Quality g. North Carolina Division of Water Resources North Carolina Division of Parks and Recreation VII. ENFORCEMENT A. One of the underlying goals of these Procedures is to protect and enhance the natural, environmental, cultural and scenic resources within the Project Boundary and on the adjoining lands. Yadkin's highest Subdivision Access Approval, Multi-Use Facility Permitting, and Industrial Approval Procedures -Page 21 of 23 priority is to preserve the natural character of the shoreline as it exists today, and this is reflected in the procedures and requirements of these Procedures as well as the Stewardship Policy. Yadkin believes that most adjoining property owners and developers appreciate the beauty and importance of a natural shoreline and will comply with these Procedures. In those instances where violations of these Procedures occur, however, Yadkin will consider those violations as serious matter's. Violations of these Procedures include: (i) any failure to comply with the provisions of these Procedures, the Stewardship Policy, or other applicable Yadkin procedures or requirements; and (ii) failure to obtain or to comply with written permission from Yadkin, where required, before undertaking construction or other activities. B. The primary sanctions for violations of these Procedures are loss of eligibility for: (i) a multi-use facility permit within the Project Boundary (i.e. on a reservoir) or subdivision reservoir access approval or industrial use/facility approval; and (ii) use of, or access to the Project lands and waters across, the Yadkin-Managed Buffer. Yadkin will also require corrective action including but not lirnited to restoration and/or mitigation. Eligibility may be reinstated only where adequate restoration and/or mitigation is undertaken and Yadkin determines that reinstatement of eligibility is otherwise consistent with the underlying goals reflected in these Procedures, the Stewardship Policy, and Yadkin's Shoreline Management Plan. Yadkin, as it deems appropriate, will consult with federal and State regulatory agencies in determining adequate restoration and/or mitigation measures. C. In addition, in the event of a violation of these Procedures, Yadkin, at its sole option, has the right to: (i) terminate any existing multi-use facility, industrial or other permits, requiring closure of the facility at the adjoining property owner's (or developer's) sole expense, revoke any subdivision reservoir access approval previously given to the developer if the developer is responsible for the violation, and terminate any industrial approval or rights granted; and (ii) erect a barrier along the Project Boundary or across the Yadkin-Managed Buffer to restrict access to the Project lands and waters; and (iii) require, at the adjoining property owner's (or the developer's) sole expense, (a) removal of any multi- use facilities and any pathways or other facilities and structures located within the Project Boundary or on the Yadkin-Managed Buffer, and (b) restoration and/or mitigation, up to and including restoring Project lands and waters and the Yadkin-Managed Buffer to their original condition. In addition, if the adjoining property owner (or the developer) fails to take the required action after notice from Yadkin, Yadkin will consider any facilities or structures remaining within the Project Boundary or the Yadkin- Managed Buffer as a trespass upon its property, and reserves the right to, at the adjoining property owner's or the developer's sole expense, remove the facilities or structures, treat them as its own property without any liability to the adjoining property owner or the developer for payment, and perform the required restoration and/or mitigation. Yadkin also may pursue any other rights or remedies, including damages, it may have in any permit, or at law or in equity. VIII. ATTACHMENTS 1. Sample Agency Consultation Letter Subdivision Access Approval, Multi-Use Facility Permitting, and Industrial Approval Procedures -Page 22 of 23 CTTACHMENT 1 Sample Cover Letter for Agency Consultation Package Date Agency Address Agency Address Agency Address Dear Enclosed is package of information outlining a proposed development located along the shoreline of the (Narrows or High Rock) Reservoir which is operated by the Yadkin Division of Alcoa Power Generating Inc., as part of the Yadkin Hydropower Project (FERC No. 2197). Yadkin requires that developers of smaller projects consult with federal and state resource agencies regarding their proposed development. Enclosed is some basic infonnation about the project being proposed. Please provide to me any written comments on this proposal within thirty (30) days. Agency comments will be forwarded to Yadkin as part of our application for approval of the proposed development. 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GI'~i ray ~u ni.!11n ~l fi P~ hh~p~ r~ hW //~~~ V, My 1, v WWWI~i YdK ~~ 1R'~ /ar1at~yy pby 1 CW ~, ~~'ig -•s~ ~~~nu Z~~x otl i 2 1.,~y ., sr ~~ v~ qz A n ~.,/ Z "`~ ~nni ~y ~i r °z z u~2C~0E 4:~13:SG FM Q ~ u + Po O ~ + u°~ ~ . + °n ~ + u°. ~ +o ~ + V ~ ~ P „ ~ U P + o + V u. i i v n t + g V fb S ~ F7 ti ~ !- I J- ~ ~ 1 - J - 1 - ~ l - ~ J - ~ ~ Z ' ~ ~ ~ = ~ = ~ ~ LOCATION (LT,RT, OR CL) ° ' FROM - - -- STRUCTURE NO. 70 P P ° ~ ° ' b TOP EIEVATiON N ;o ' " d G a C O P ° m P INVERT ELEVATION .. p m N U p0 INVERT ELEVATION SLOPE CRRICAI - - _ _ _ _ _ _ _ _ Z -_-- _ _ _ - - - O _ _ - _ - - - __ - - - -_ _ _ - -_-.- Oz -- - - R o^ - - - - - - ----- s p ~ r~ --- E _ . _ - _ .061 :~ ` • - u ___ -_ ^ + _ m _ _ .064 u. _ ^ \ ' ._ _- _ _ __ _ _. _. _ _.. .-. - ___ .064 m °-° c • _ _ - - _ _ - _ _ - __ - - _ __ - -____ 064 ---- ___ ti Z ~ l_/I1 y - _ - - - - - -- -------- ~ ,_ .079 - C ~ _ _ _ ~_ - _ _ - - -- ~-~- o , - - - - -- .079 = H ~ _ _ - _ ___-.___ P A V m _ _ _ __ _ _ - - -_ _ ~_ __109_ yy m m - __ - - - __ - - - - -109-- - , ~ -- - - - - - - - - _ _ ~ ~ - - - - - - - ------ - ~ A b _ _ __ _ - - - ~ - __ - - - _- _ __ __ - ___ __ _ _- - __ _- ___ ____.- _-__- _ m i __ ~ ~ A N ~ A p P _ Zsn --- - ~~ - - - - P 3 z ~ ""~ - - --- ~ ", _ _ _ _ - -- - - - - - - - -- ti - D O ~ Yy m ~+ ' ~ `I ~ i=9 15' SIDE DRAIN MPE ~ ~ ~1 ^ 18' SIDE DMIN PIPE . MCI f \\\ ~~' " ` h ~ 24 SIDE DRAIN PIPE r~ /~ 0.C.P. ~ v~ c ~ -- ~ ~ZC V ~ - -- -- - - - -- - - C.S.P. ~ A~~mA~,~ ~ O u S °' c f ~ M J ~ ~ ` _ u J . ~ .__ _ ~ _ . ~ PER EACH (O' iHRU S.0') QUANTITIES FOR DRAINAGE a ` ` PEE _ ] _ _ _____ ' ' > - STRUCTURES ` A l _ _- 5.0 THRU 10.0 C • TOTAL l.F. FOR PAY / ~ QUANTRY SHALL BE COI 10.0' AND ABOVE m . 'A' + (1.3 X COL.'S') /~ C.B. STD. 840.01 OR 57D. 840.02 ~ ~ w~a .T h"d L a p~ __ _. __. -_ __ ._._. _.._ __ ~ ~ _ __ ~ ~ OS ~o - - - ~ - __ ~ ~ b . ~ D.1. STD. 810.14 OR STD. 840.15 P` y V D.1. FRAME a GRATE STD, 840.16 _.._ -.. _ ___ ._ _. _ -. _u. J _.. - _ _ -__- D I G ME "A" STD 840 17 OR 8 . . . . . 40.26 G.D.I. TYPE "B" $TD. 840.18 OR 840.27 G.D.I. TYPE "D° STD. 840.19 OR B40.2B /~~ __ I _- _ _ . .. _. _ ~ _ _ -_ _ __. _ _ - __ G.D.I. FRAME WITH GRATE STO. 84032 V ~. J Y __t _. ___ `. _-_ ~ __ _ - i _. I. .. __ .__. _._ ___ _-~ _ -- ___ __--_ G D I. FRAME WRH TWO GRATES STD. 840.22 __~ ._._ _.___ ___ ____.___ I G D N S FRAME WITH GR TE SiD 8 "' ~ ~ . ( . . . .) A . 1034 G D I IN.S.) FRAME WITH TNO GRATES STD. 84019 1.8. STD. 840.31 OR 840.32 ~ " - ~ TRAFFIC BEARING DROP INLET STD. 840.35 •`` M.D.I. ANGLED VANE FRAME WITH GRA1E STD. 840.33 -- - - ~ - - - --- -- -- -- ~ a•'o ~:_=~e _ - - BERM DRAINAGE OUTLET STD-850.10 ~ ¢~w~J E PE - - `~ u ~ __ - - - - - - _.- - - -_ _ n a .-_- _- _ --._ _ ~ N ~ N ~ CORR. STEEI EIBOWS NO. 6 SIZE CONC. COLLARS CL. "B" C.Y. STD 840.7T CONC. 6 BRICK PIPE PLUG, C.Y. 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I O J" { Y ~ W O ..1 Q ~ A O ~ t O ~ n~ i V '; x ~ '~ ni ~b ~ Z ~ ~ g~ _ o rn rg NN ` os m~ h ~~O s ~ I 6 ~ m ly. t ] p~ p 412 G D ~ ~ ~ - yy -i ~ N N N O V V r Vp N p ~ N p N ~ O ~I~, z~ ~ If =T i" i ~ U N N vo v~ NIN N U °o (°o V ols ;~ II ~~ ~~ ~m mm (n mm ~~ ~~ 'I `G lT; ~ ppp~ O x ~ ~ r , ,° + ~ ~I _ ~- 4 ot" - m ~ y,~ SAC 0 ~ _ ~ ° o<D T ~ ~~ o- ~ + ~ ~ SC O H A ~ \ o "" r ~ s $~ ~m 4 v ~ o ° a i"i ~ ~ go a v;; w l r+ v o~ x 8 tnQO y _ . ~ ~ N~ • BID m = ~. o N ~ + p o ~ g ~ _ \ ~ -1 ~o ° D_ t a w ~ ~ m + e 0 ;; x y D X ] O ~ ~_ ~~~ z S ~r H~ ~z y~ C ~~ z z _< ~~ Z O ii a _ o.~~ '~~~ I u"_ of ,I: '~il w, b _. !j i ~, 'Q 1 i 0: i ~: N O. I ~' O A. A I; ', 40. O'. 'O` _. '., ',, '. :I. i V O ~'. '. O d; ii OI. '' O O V D ~, O p q ~~~ N ~" va i o ~ _ I. i i ~ I ~ 1 o ~ ~ ~ I ~ L ~ _ I _. I ~ _ ~ ! ~ ~: l ~ i w o ~! i` ~ ~ ~ i ~' na o ~ i ~ ~ ~_ ~ '. I i i C I o ~ i i i i ~ ' I ~ o c I I ~ __ I ~~ o ~ ', I J ' L '' ~ i i i' o I ,Q ,` ~ 1 ' , '.P O I ~ I .. ' I ~ d I l ii I I I .... t I '. ~ , I i O / ~ ~ I I '~.~ ~ /. . ~ W ' ~ '. ~ ~ i ~ '., ~ - O ,.. 1 ~. ~ '. N O ~ ~ ~ ~, I ~ ~ ' ~ - ~ o .~~ ~ •~ ' ~ ~ I i ~ ~ i I ~ 'o + O ~ CIl : ' ~ r° ~ J~ . ~ O n `i J I ^ ~1 I i I 1 .~ ,. ~ t~~.. . ~ i !il"- ~.. . f '' N O I W I ~ ' ~ i i ~ ~~ ~ I i .. '. I i I N .O ., i .: I I ' I ~ ~ . i l ' ~ ~ '. '. V '.O ~. ~i i ~ i i W 'O '. 1 ~ ~ . i ~ ~ ~ ~. `Q ~ ~ ~ ~ 'O d . ' ~ ~ ' I ~ t I ~ I ~ ': I ~ ~ i o ~ ~ o ~ ! i '~ 1 I C ~ ~ W a _ i I ~ ~ i ' ' ~ ~ -~ ~ ~ ~A ;O ~ I. I - I I Ii I ~ - ` ~ i In o ~ ~ , ~~ ', ' i , i I' U' ~ i .aA D D In Ui p ' Ln ~ ~ N O In n F t„ F '~ n ~ 'll ~ J i ~ ' ~~ I ~ n w I 0 0 IQ o 0 o b U U 1 b b d a I I V ~ I I Q~ . i.I i ': ~ N O ' W O A O O O V O b O o; r o' 0 w a a, d C A d ~' x o ~ s ~ O O u~ N O Q ~ ~ ~ ( ~ q p Q~ I I ~ ~ i ;~„I ~ ~ ~~ rn 4 ~ '~ b o ' ~ ~ I' ~, 4 i , I o '.co 4 I I~ I ~ I ! ~~ ~ I w0 . ' N 0 I ~ L 1 ~ '.I ~ i ' ' ~ ~ 1 ~' I ~ ~ '. ~; { o ~~ ~ ( ~ ~ ~ 0 '.p O . ~. .. ~ i - I ~ ~ ~ :~I~ . i U d '. `O O r I ~ ~ ~ . ~ ~ ' ~ I ~ ~ ' I o ~° 0 o I ~ ~~ ~ i ~ ~ ~ i ~ ~ i ~ ~ i ( , i ~ ~ , a I I ,' I ~; ~ i I } ~ ~ I ~ . ~ I ~ ~I ~ ~ ~ o I I ~ I ~ ' I ~ ! ~ ~ I a O -. I I i i t I ' i cn ' i O ~ O , I ~ ~ ' I ' i ~ ~ ~ ~ ( ~ ~ ~ ~ I ~ ~ . pp U W O ~ _.. ' .... ~ I j ~ 1 ~ f ~ ~ I ~ ~~~ ~' ~' ~~ ~ ' '., I -' ~ I ~ ~ , I ~ i ~~ , a J f . i . eaP ~ ~ fL, ~ '. ~ ~ Q m ~ ~ ' `, ~ ~ ~ ~ ~I f 0 ~ O _ ``^^ LI ~ ~ 0 ~I ~~ I ~ G ~ I g i ~ I ~ ''; ~ O coy ~ I ~ ~ cro I I t I I i I' ~ ~~ ~ ~ ~ ~. ~ ~ ~ , ~ '~ II i n .~ o C) ! ~ ~ I ' r p 'Z ~~ ~ I ~~~ i' I , ~~~ ~ ~ "o ra I L m ~o ~ ~~~ ~ ~~ I ' I ~`~ ~ ' v' ~ ~ ~ ~ ' I ~ i r i b "j ~ ~ ~ ~ I ( ' ~ i i t ~ ~J I ~ W o i i 1 1 ~ j j I ~ i ~ . o I o I I I, ~ . ( I I I ~ I w I O O O ~ ~ ' . ~ ~ I '. . ~ ~ - ~ 1 ~ r I ~ ~ i .. . ' I d ~ ~~ ~ ~ I. ~ ~ ~ I ~ ' I : . " ' ~ O' a ~ ( ' ~ , i w ~ ~ ~ i ~ fill I f p .. I - ... ~ ~ ~ ~ I I f i I ~'. ~~ ~ - X ~ t ~ ( _~ ~.. ~ ~ (.. C~ U ~ ~ I ~ ~ ~ G ~ ~ ~Il Q n (71 0 l I a W 0 l I o ~ o ~ .. o ~ I _ o o _ t P ~' '. g I \ ~~~ . o !\ ~ o I '~ \ ~ o . _ ~ ,~ 0 ~~ ~ ~ ~ .~F 0 ~ I ~ ~ ~ o ~ o ~ ~ o ~I o I ~ o t,. ~ ~ ;1 rn ' N ;~ a' rn ' ~ ~ /J r ~ ~ ~ -~;~ 7 W ~ ~ , I I 7 I ~~~ ~ ~' _ ~~ ~ m ~ ~ ~ ~~ I ~ I r o ~ o I rn ~ ', ~ . ~ ~ 0 ' I ~' , a ~ ~~, I ` o o o~ o 0 o o ~ ,, I 1 o I N ~ 0 I :.. a ~~ ~ ., p. ~. i ~ is ~~C'' ~n U~ T ~ i ~ I Ul ~ O . U tJt t ~ Q ~ ~ I ' In O ' 1 `~1 In ~, ~ III---••+„ I In ~ ~ ' I ! ~ `. ~ I ~ I f I ~ I '. ;. ~ ~ ~n O .. _ -i ~ _ - ~ ~ ' I fl _ A O - 1 1 I ~ _ i ~ ~f II I i I I. ~ ' W O ~ ~ - ~ ~ I ;. ' ~ ~ I . I I I ~ I , ~ W . , ~ ~ ~: ~ ~ i ~~ ~ ~ 1 o N o - I l I I f I I i 1 i ' ti i ,,, I t I I O ,. i ~ i ~ ', I I i ~ I ~~ O I I ~~ I ` ~ , ', I' ~ 1 I ~ i I , O ". I I ~ i ~ I O O ~ .. ~ I I .. ~ .. ,. I ~' ' I ~ If s. U i I O ~ I I ' , i I . .. ~ I ~ ~ ~~ i 1 ~ , o I I' ~ ~ I i ~ I I ~ I ~ o, 1 ~ i , I i ~ a I I ' ~ I ~ , ~ ' ~ ~ I ~ I i ~ I ~ ti/ ~ ' ~ o j i I ~ / ~ I j I I , I J t ~ O ~ ~ ~ ~ ~ ' ~ ' W. ~ + ~ N 1 ,~ ; ~, ~ I ; _I I ' I ~ i . ~ n ~ 1 ~ ~ a ~ I ~ ~ N ~ R I I I ~ ~ (' I I i ~ ~ , d _ ~ eJ~, . . ', cl" I i i ~ i J O i ~ ~ O II I' I i i t ~ ~ rw Fe~ ~ N ~ I , t { ~ fa O. .. I i i N W O I I I I ~ ~ i I I I I' I I~. I I I W O o ~ ~ I ' l ~ . i I tn o ~ ~ I , I' I ~ - ~~ ~ ' ~ ~ II P. o I ,. I ~ ~ ~~ ~ I I ~, '~ ~ ~ . U . ~ I ~. J ~ 1 ,~ i ~ O. t , i I O A ~ ~ I .. f - i ' I I i ~ I ~I i.~. I ', I I t I I ~ I O l ' 7 ~ ~ ~ ~ I I ~ I ! ~ . I 1 ~. I ~ ~ ~ I I ~ , i i I I I C .. ~: .. _.. i . ~ .. ~< I . i .. i I I ~ . l ~ I ~ ~~ I ~ ~ , ~ ~ C ).._ ~ ~ ~ i ~ ~ . I: ~. ~ I .~ I I T .. ~ .. ~ ~ it I i ~.. ~ I W I ~ n I I I I I i i O ? ,~ I ~ I I 1 I I I i ~~ i I ~ ' ~~ I ~ I Z ~. h. I .. ,. ~. ~ I ~ ~~~ ~ ~ _ ~ ~ rJ ~ ~ ~ ~ © 4 i ~ O ~n ~ ~ ~ I ..n J ~ , I ~ I ~ I I ~ ~ ~ ~ "_ C I i ~ ~ I ,.~~. ~ i ~ ~ 1. ~ i ~ j ~~ I -'- -- _. _~_ ~.~_~._----- - - -- ~~ ; ~ ~ I ~ II I n N . ' ~ ~ I j, ~ i I ~ ~' I I I. i i i IO I . i i .. I ~ `O '~ (..i.l ~ o N o .o ~~ ~ ~ I v I ~ ~~ ~,m ~ o N~ ° ~ ~ ' t '~ ~ o ~ ~ ~ ~ ° ,~ ' , ~ ~ t«- ~ ErF~ j ~ ~ ~ E~~- ~ o N T o f , - ,.. ~ I r~ I ~ I ill ~, w o ' ~, ~ ~ ~ ~ ~ ~ ~ ~ ~ w o' o ~ ~ ~ ~. I ~ ~ i ~ ~. «( ; J ~ ~ ~ I ~ ~ ~ ~~ o o I ~ _ I ~ ' I '~ I ~ : 1 I I i I I P I ~ f ~ III I . '. ... '. ~ ~ ~, V tl 1. ,~ .. O I - '. ' ~ I P. '. i I ~. I ! D. . D i .. ', '. ~ I ' :. I i I ~. p. p. i ' O .. i I i i f ' i .. ' I i ~ I I I ~ ' ~. ~ , ~ ~ ~ '.I ~ 4 ~ I ~~ l ~ ~ ~ I i ~° ~, a _1 I I ~ ~ I ~ ~ ~ ~ ~ I ~ ~ ~ ~ ~ ~ o . W 0 l I ~ ~ ~ ~~ I I ~ I ~ ~~ ~ ~ ~ ~ I '~ ~ ~ W n 1 : I ~ I I f I I I, ~ i i I i . 1 . . ~ to O ~i N ~A ~ ~ ~ O ~ I U I ~, 1 I, ' i lv hi ! i I I I N I I N U N U P P to v U to tn' ~ C o U q ~T i N ~ ~ ' U ~ f I q p O p i I ~ ~ o ~ ~ ~ _ ~' 1 i i' ~' I~ I I ~ ~ c~ a 0 Y ~ I ~ ~ i i i ~ i ~ ' I ~ A 0 ~ W P I ~ ~ ~' , ~ ~. I I o o : : f 1 .. I ~~ ~ I' ~' ~ ~ I I ~ O ~ I o ~ ~ i 1 ~ i I I ~ ~ i i i. ~ ~ v , ~ i i i , i I ~ ~ I o ao o I ~ ~ ~ ~ I I~ h ~ I ~ I I I ~l , ~ I ~ ~ I '- ~ ~ w ~ o o I ~ ~~ i ' I ~' ~ I ~~ . I' o _ ~ 1 ~ ; ~, ~ I ~ I I i ~ a I ~ ' ~~ I ' ~' I I' ~, ~ I ' ~ ~ ~, ~ ~ ~ ~ ~ ~' I ~ ~ ~ `" n I I ~ ~ ~ i i I ~ ~. ~~ ~ ~ W a ~ N i , I : I : I I I N _ O I : I ~ I EW~ i _ U. '. : i : ~J ~. i I ~' : : ~ O u '. ' ~ _.. 8 Q : : ~' ~ : Ul ~ ~ 0 ~ O I : ~ I ~ _ : I ~ I ~ N O _. ~ t4 ' i ' f :. N' O w o ~ i i I ~ I I I ~ i ' ~ ~ Wo o I i it ~ ~ ~ ~~ ~ i i ~ a. I ~ ~ 1_ ,I I ~ ~ _I I .; ~ . o ~, ~ ,~ I ~. ~ ~ ~ ~, I~ ~~ ~ ~ ~ o l ~~ I ~~ ~ ~~ ~~~ '~ I ~. ~I ~~ W l I ' o ~ I I ~ ~ o , ~ ~ ~I ~ ~ I ~ I l ~ r o _ I I ,. I t ~ ~ ~~ ~~~ o ~~ ~ ,I ~~ ~~ '~ ~~ J ~ ~ ~ ~ ~, i ~ , O : '~ ~ : I : ~ i I O : I i II it I ~ I I ~ ` '. ~ ~ ~ i I I 1 ~ ~ I I~ ` ~ . o l : l ~. ' i I ' ~ In O In 4 In sA D d Ui ~ ~n ~ LLn, O lrA p lCrn', IQ ~ I. , I i I' ~ ~ ~ i. ~i, ~ I: I ~~ 0 ~~ 0 0 ~ 0 ,_ ~J .. b t I L.1 ~ I i ~ ~ i ~ 1 1 ~ ... 1 ~ 441! Q I 1 x ~ y ~ tD '' ~ ~~ I~ o ~ N r~ w ~ o ~ o ~' o ~ o ~ ~ ~ o ~ o P X~ a r i ~ ~ ~ ~ ~ ~ ~ I ~ ~ ~ ~ ~ ~ P ~ ~ b O ~ r „ ~ q ~ I ~ i 4 O I ~ ,~ ~ I ~ ~ o I ~ ! , I ~ I A. i ' ~ ~ i l~ I ~ f ~ ~ l ~ ~ A' ', I I ~ O 'O . , ' i I '' I I If i ', i (J ' ~ ~ ~ i /JI , / ' O , i I . , '.. 10, ~ I P~ i I i ~ i 0. O ~ ',. .. I '. 'I' ~p ~O i I ~ ~. I ~ I ~ I O I _~ i I ` i .p j I i .. i I . l I .. I I A ' i ~ j i ~ ~ ~ . If '~ ~. :O I i I '. I j ~. 1 I ,. _ i ~ ' i . . ' ' ~ ' t I ~ ~ / ~ : .. ~ i ~ i d ~~ ~ I U L t : O ' Cn '. I d ~. ~ I ~ 1 j U1' O I I ' ', ~ ' I !!/ I I I i I - ~ .. '. ~ ~ ... , i , .. i I ~. ~ ~. p I. I li ~ ~ ~.. ~: ~ I ~ I I ~ ~ i ~ I ~ . a ~ I 1 ~ I ~ ~~ ~ E~~ . I ~ E~ i 4 I ~ ~ ~ ~ '~ I ~ ~ II `~ ~ ~ I !' ~ Q ~ ~ ~ '~ I ~ ~ o ~ . ~ j° I g J o ~ q' I ~ .~ ~ `~`- f ~- I ~~ I UP I f0° COP.+i ~ I i ~ ~ I I ' O ~ '. I ~ N O I W. ~ I ~ ~ I ~ I O I ~ I i I .. I ! , W I. ~ I ' I O„ ~ I I 1 I I, '~ ~ '~ ~ I ~ ~ ~ I l~ ~. ~~ ~, ~'. I O ~.I I ' ' ~ I ' I I l , ~ ~ ~ I j~ ~ I ~ ~ ~ ~ ~ ' I . I V i I i ~ J ~ ~ 1 ~ U ~'~ ~ ~I ~ ~ i I ~:~ ~ I.~O_ J I ~~. ~I ~ ~ .O. I I . ~ .. I 1 I ~. . I ~. O ; i f ~. I I ~ ', W.. ~. } W' ~ ~ I D d l I" i~, ~ W I ~ I I I I ~~ i I ~ ~, jA X ~I. I~ _~ ~ I j I ~ I I I I i .0~. i. N DATES ~,~~~ ~„ ~TIME~ A } V O N > O O N W N O N W O O N N N O N N O O y N O ~ O O N O Ut O N O O O `0 N O `~ O O V O o P N 0 O~ O 0 (T N 0 (h O 0 A Cii o A g W N o I Q '~ i O ('~ '_'~ p z n n O O O O O O O O O O O O O N A N O O G D ~ N _ 0 '-' zo 3 O O O O O N V N V a N N N `0 ~ O O x p O A Z -~ t Ui O J t N N ~ + O O O t ~ Ut O t ~, O O } N Ui p } ~ I ~ I N t N N N t O O .N. t N O ~ t O O p t N O p t O O ~O t Ch O ~O t O O m t OD N O~ + OD O O~ t Gi O O~ t O O fli } N O N } O O P t N O A t O O W t N O ~- I (O(~ D O Z Si z N N N O 'p N O fNa N v O O O O O O O O O T ~ V W O s ~ N O= Z ~ ~ O O V P O N ~ O N N r tJ1 OD .p `~ '~ O O p• OD A O W N A O W O V O yyy T N N } N N N N } O O ~ } Uf O J } O O N O + N O N O } O O `~ } ~ O `~ } O O OD } OD N O~ } OD O P } U~ O O~ } O O N } N O tJ~ } O O A + lli O A } O O i.J } N O 7pr 0 ~ yy~O F~ O (7 --1 Z ~c Z W V tj1 N W ~ O A O A V W N O ry D iA ..{ N_ O ?' zo 3 N ~O ~O A O O O O W W A V A O Z m Z Z m m W D Z m Z n O r C Z v O z O Z r C v m D n T r r C Z v m 70 n c n ^^c `J ~, °~ z . p 0.~~ ~N ~.. 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