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HomeMy WebLinkAbout20110984 Ver 1_Public Notice_20111123Oq RECEIVED ®� N C Dept of ENR ('L US Army Corps PUBLIC NOTICE NOY 2 3 2®ll Of Engineers Wen oval Otlem Wilmington District Issue Date November 22 2011 Comment Deadline December 6 2011 Corps Action ID # SAW 2002 00645 TIP Project No 93-18D The Wilmington District Corps of Engineers (Corps) has received an application from the North Carolina Department of Transportation (NCDOT) seeking Department of the Army authorization to discharge dredged or fill material into waters of the United States associated with the replacement of bridge numbers 12, 18 and 42 located along NC 11 over the Cape Fear River, east of East Arcadia, Bladen County, North Carolina Specific plans and location information are described below and shown on the attached plans This Public Notice with all attached plans and more detailed plans are also available on the Wilmington District Web Site at www saw usace army mil /wetlands Applicant North Carolina Department of Transportation (NCDOT) c/o Dr Gregory J Thorpe PhD Manager Project Development and Environmental Analysis Branch 1548 Mail Service Center Raleigh North Carolina 27699 1548 Authority The Corps will evaluate this application and decide whether to issue conditionally issue or deny the proposed work pursuant to applicable procedures under Section 404 of the Clean Water Act (33 U S C 1344) and Section 10 of the Rivers and Harbors Act Location The proposed project is located at bridge numbers 12 18 and 42 along NC Highway 11 over the Cape Fear River approximately 2 miles north of the intersection of NC Highway 11 and NC Highway 87 east of East Arcadia Bladen County North Carolina The project is located in wetlands that are adjacent to the Cape Fear River The project is more specifically located starting at Latitude 34 396 N Longitude 78 2679 W and ending at Latitude 34 4082 Longitude 78 2627 Background On January 19 2010 the NCDOT /FHWA completed and circulated for public review an Environmental Assessment (EA) for the proposed replacement of bridge numbers 12 18 and 42 TIP B 4028 project State Project Number 8 1421401 The EA explains the purpose and need and describes the alternatives considered and the social economic and environmental effects of the proposed project A Finding of No Significant Impact ( FONSI) was completed on September 23 2010 The proposed build alternative involves the replacement of the bridges along a new alignment located west of the existing roadway and bridges to minimize impacts to the human and natural environments The proposed project is federally funded and included in NCDOT s latest approved Transportation Improvement Program (TIP) Construction phasing of this project will begin with utility relocations then bridge and causeway replacement The current let date is August 21 2010 however the let date may advance as additional funds become available The estimated cost of the project is $13 430 000 The NCDOT /FHWA EA and FONSI for B 4028 is available for review at the Wilmington Regulatory Field Office of the Wilmington District U S Army Corps of Engineers 69 Darlington Avenue Wilmington North Carolina or at the North Carolina Department of Transportation Project Development and Environmental Analysis Branch Century Center Building 1020 Birch Ridge Drive Raleigh North Carolina Applicant's Stated Purpose The applicant s stated purpose for this project is to improve safety due to bridge numbers 12 18 and 42 having fifty seven year old superstructures and substructure components which have experienced an increased degree of deterioration that can no longer be addressed by maintenance activities Existing Site Conditions The project is located within the Mid Atlantic Coastal Plain eco region of the Coastal Plain Physiographic Province in the Cape Fear River sub basin USGS 8 digit hydrological unit 03030005 The project is located along the Cape Fear River and its associated floodplam The majority of the project area is mostly flat with low terraces located throughout At this location the Cape Fear River is a navigable water of the United States and carries the NC Division of Water Quality (NCDWQ) best usage classification of WS IV which refers to those waters protected as water supplies that are generally in moderately to highly developed watersheds There are no designated Outstanding Resource Waters (ORW) High Quality Waters (HQW) Water Supply I (WS 1) Water Supply (WS II) or 303 (d) listed waters within 1 0 mile of the project area The majority of the wetlands within the project area can be classified as riverme swamp wetlands The wetland areas are both forested and herbaceous Most herbaceous wetlands systems are along the west side of NC Highway l lwithin a maintained overhead utility line corridor There are several open water borrow pits located within the wetland areas and throughout the project area The Biotic resources surrounding project area is indicative of a rural setting consisting mainly of mixed pine /hardwood forests swamp forests and disturbed roadside areas Topography is characterized as flat with gently rolling low terraces with elevations ranging from approximately 10 to 40 feet above mean sea level (MSL) The bluff located along the southern bank of the Cape Fear River is high and steep within little to no floodplam Project Description The following description of the work is taken from data provided by the applicant The proposed project would construct new bridges on new location to the west of the existing roadway The replacement structures for bridges numbers 12 18 and 42 will consist of bridges approximately 1 260 foot long 360 foot long and 360 foot long The proposed bridges will be wide enough to accommodate two 12 foot travel lanes with 4 foot offsets on each side The proposed roadway grade will be approximately the same grade of the existing roadway and will have 3 1 side slopes in the wetland areas The proposed bridge over the Cape Fear River (bridge number 12) will be elevated approximately 41 feet above the normal water surface elevation and approximately 17 5 feet above the 100 year flood elevation Bridge numbers 18 and 42 are overflow bridges and will be elevated approximately 15 feet above the floodplam floor and 0 to 2 feet above the 100 year flood elevation Traffic will be maintained along the existing roadway during construction Temporary work bridges will be constructed along the west and east side of bridge number 12 in order to construct the proposed bridge and remove the existing bridge Temporary bents will be placed in the Cape Fear River to remove the portion of the bridge over the Cape Fear River The temporary bents will be spaced to maintain a 60 foot minimum horizontal clearance in the channel of the river Temporary work bridges will be constructed along the west side of bridge numbers 18 and 42 to construct the new bridges The existing causeway of NC 11 will be removed and excavated to elevations that are lower than the 100 year flood elevation that range from 4 to 8 feet above the natural floodplam floor The existing aerial power transmission lines are located parallel and west of NCI I These power lines will be relocated to the west of the proposed roadway and will cross over to the east side of NC 11 in the northern part of the project area The power transmission lines are 115 KV and the lowest lines (the distribution line neutral wire) will be installed 48 50 feet above the water surface elevation of the Cape Fear River and 7 to 10 feet above the proposed bridge clearance The ROW for the relocated power transmission line will be 100 feet wide and will result in the clearing of 2 32 acres of wetlands and the permanent conversion of 1 27 acres of forested wetlands to herbaceous /scrub shrub wetlands The project would also result in the relocation of the existing aerial and underground telephone and telecommunication lines The existing telephone lines (fiber optic and copper cables) are located along the northwest side of NC 11 and the existing underground BTI Telecommunications fiber optic lines are located along the southeast side of NC 11 The existing telephone and telecommunication line will be abandoned and new lines will be installed within the proposed power transmission line right of way The new lines will be directionally drilled under all waters and wetlands and will be installed to a depth of 20 25 feet under the Cape Fear River Three power line poles will be installed in wetland areas and the construction of the concrete footings needed to stabilize the power line poles will result in less than 0 01 acres of wetland impacts Summary of Impacts, Avoidance and Minimization and Compensatory Mitigation Wetland Impacts Construction of the proposed roadway would result in impacts to riparian wetlands mostly located within the cleared portion of the power transmission line right of way Fill material would be placed in 0 89 acres of wetlands and 0 23 acres of wetlands would be mechanically cleared for the construction of the roadway and bridges The construction of the temporary work bridges would require 0 85 acres of wetlands to be cleared by hand The relocation of the overhead power transmission lines would result in the clearing of 2 32 acres of wetlands and the permanent conversion of 1 27 acres of forested wetlands to herbaceous /scrub shrub wetlands The wetland impacts are summarized in Table 2 Open Water Impacts The proposed project would result in the permanent discharge of fill material into 1 73 acres of man made open water ponds for the construction of the proposed roadway and bridges Avoidance and Minimization Based on information provided by the applicant impacts to waters of the U S cannot be fully avoided due to the costs of bridging all of the wetlands areas The applicant proposes the following measures to avoid and minimize impacts to jurisdictional resources • The applicant proposes to adhere to the Best Management Practices for Protection of Surface Waters and the Best Management Practices for Construction and Maintenance Activities manuals to protect surface waters and wetlands during construction and bridge demolition • The use of 3 1 fill slopes in jurisdictional areas • The applicant proposes to construct the roadway within disturbed areas including the maintained utility line corridor and the existing causeways • The use of hand clearing rather than mechanical clearing • Constructing temporary work bridges in wetland areas rather than using fill • Aligning all utilities within one utility corridor Compensatory Mitigation The applicant proposes to use the North Carolina Ecosystem Enhancement Program (EEP) to offset the 1 12 acres of wetland impacts associated with the permanent discharge of fill material and the mechanized land clearing EEP through coordination with the NCDOT intends to use the Privateer Farms Mitigation Site Compensatory mitigation for the wetland impacts are summarized in Table 2 Table 2 Impacts to Jurisdictional Wetlands Site Impact Type Impacts (acres) Mitigation Ratio Proposed Mitigation (acres) 1 Permanent Fill 0 89 2 1 178 Mechanized Land Clearing 023 2 1 046 Hand Clearing (work bridges and roadway work) 085 0 0 Hand Clearing (utility line instal lation /relocation) 2 32* 0 0 Total 429 NA 224 * The hand clearing associated with the utility line relocation will result in the conversion of 127 acres of forested wetlands to herbaceous /scrub shrub wetlands Other Required Authorizations This notice and all applicable application materials are being forwarded to the appropriate State agencies for review The Corps will generally not make a final permit decision until the North Carolina Division of Water Quality ( NCDWQ) issues denies or waives State certification required by Section 401 of the Clean Water Act (PL 92 500) The receipt of the application and this public notice combined with appropriate application fee at the North Carolina Division of Water Quality central office in Raleigh will constitute initial receipt of an application for a 401 Water Quality Certification A waiver will be deemed to occur if the NCDWQ fails to act on this request for certification within sixty days of the date of the receipt of this notice in the NCDWQ Central Office Additional information regarding the Clean Water Act certification may be reviewed at the NCDWQ Central Office Transportation Permitting Unit 512 N Salisbury Street Raleigh North Carolina 27604 Archdale Building All persons desiring to make comments regarding the application for certification under Section 401 of the Clean Water Act should do so in writing delivered to the North Carolina Division of Water Quality ( NCDWQ) 1650 Mail Service Center Raleigh North Carolina 27699 1650 Attention Mr Mason Herndon by 21 January 2012 This project was placed in the United States Coast Guard s Advance Approval category as per Title 33 Code of Federal Regulations Part 115 70 This Advance Approval determination will remain valid for a period of five years beginning on May 21, 2010, as long as the construction begins before the end of the five year period Cultural Resources Bridge number 12 over the Cape Fear River is determined to be eligible for listing in the National Register of Historic Places and removing the bridge will adversely affect the historic property On August 18 2010 the FHWA NCDOT and the State Historic Preservation Officer (SHPO) completed a Memorandum of Agreement (MOA) for the replacement of bridge number 12 On September 2 2010 the Advisory Council on Historic Preservation (ACHP) notified FHWA of the filing of the executed MOA Mitigation for the adverse effects to the historic bridge includes photo recordation and placement of the bridge in the NCDOT Bridge Relocation and Reuse Program The filing of the MOA and the execution of its terms completes the requirements of Section 106 of the National Historic Preservation Act and the ACHP s regulations NCDOT conducted an archeological survey in the project area No archeological sites were found within the project s area of potential effects and no archeological investigation is recommended for this project The SHPO concurred with these findings in a letter dated May 15 2002 Endangered Species The Corps has reviewed the project area examined all information provided by the applicant and consulted the latest North Carolina Natural Heritage Database Based on available information the Corps has determined pursuant to the Endangered Species Act of 1973 that the proposed project will have no effect on federally listed endangered or threatened species or their formally designated critical habitat The Shortnose Sturgeon is listed as an endangered species and is present in the Cape Fear River at the project location However the project will not affect on the Shortnose Sturgeon because an in water work moratorium will be in place from February 15 to June 30 The National Marine Fisheries Service concurred with this determination in an email dated July 25 2011 Evaluation The decision whether to issue a permit will be based on an evaluation of the probable impacts including cumulative impacts of the proposed activity on the public interest That decision will reflect the national concern for both protection and utilization of important resources The benefit which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments All factors which may be relevant to the proposal will be considered including the cumulative effects thereof among those are conservation, economics aesthetics general environmental concerns wetlands historic properties fish and wildlife values flood hazards flood plain values (in accordance with Executive Order 11988) land use navigation shoreline erosion and accretion recreation water supply and conservation water quality energy needs safety food and fiber production mineral needs considerations of property ownership and in general the needs and welfare of the people For activities involving the discharge of dredged or fill materials in waters of the United States the evaluation of the impact of the activity on the public interest will include application of the Environmental Protection Agency s 404(b)(1) guidelines Commenting Information The Corps is soliciting comments from the public Federal State and local agencies and officials Indian Tribes and other interested parties in order to consider and evaluate the impacts of this proposed activity Any comments received will be considered by the Corps to determine whether to issue modify condition or deny a permit for this proposal To make this decision comments are used to assess impacts on endangered species historic properties water quality general environmental effects and the other public interest factors listed above Comments are used in the preparation of an Environmental Assessment (EA) and /or an Environmental Impact Statement (EIS) pursuant to the National Environmental Policy Act (NEPA) Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity Any person may request in writing within the comment period specified in this notice that a public hearing be held to consider the application Requests for public hearings shall state with particularity the reasons for holding a public hearing Requests for a public hearing shall be granted unless the District Engineer determines that the issues raised are insubstantial or there is otherwise no valid interest to be served by a hearing Written comments pertinent to the proposed work as outlined above will be received by the Corps of Engineers Wilmington District until 5pm December 5 2011 Comments should be submitted to Mr Ronnie Smith Wilmington Regulatory Field Office 69 Darlington Avenue Wilmington North Carolina 28403 or by email to Ronnie d smith a usace army mil o cq m E o, co 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STATE OF NORTH CAROLINA REG WILM Fkg dFC DEPARTMENT OF TRANSPORTATION BEVERLY EAVES PERDUE GOVERNOR November 1 2011 U S Army Corps of Engineers Regulatory Field Office 69 Darlington Ave Wilmington, NC 28403 Attn Mr Ronnie Smith NCDOT Coordinator Dear Sir EUGENE A CONTI 1R SECRETARY Subject Application for a Section 10 Permit, Individual Section 404 Permit, and Individual Section 401 Water Quality Certification for the replacement of Bridge Nos 12 18 and 42 on NC 11 over Cape Fear River and overflows in Bladen County Federal Aid Project No BRSTP 0011 (9) State Project No 8 1421401 TIP No B 4028 Debit $570 00 from WBS 33395 1 1 The North Carolina Department of Transportation ( NCDOT) Division of Highways in consultation with the Federal Highway Administration (FHWA) proposes to construct Bridge No s 12 18 and 42 on NC 11 over the Cape Fear River and overflows The project is approximately 13 miles in length The purpose of this letter is to request approval for a Section 10 Permit Section 404 Individual Permit and an Individual Section 401 Water Quality Certification In addition to this cover letter and ENG Form 4345 this application package includes permit drawings utility permit drawings and half size roadway plans 10 Purpose and Need The purpose for this project as identified in the Final Environmental Assessment (EA) is to improve safety due to Bridge Nos 12 18 and 42 having fifty seven year old superstructures and substructure components which have experienced an increasing degree of deterioration that can no longer be addressed by maintenance activities 20 Project Description The replacement structures for Bridge No s 12 18 and 42 will consist of a bridge approximately 1 260 foot long 360 foot and 360 foot respectively These bridge lengths are based on preliminary design information and are set by hydraulic requirements The bridges will be of MAILING ADDRESS TELEPHONE 919 707 6100 LOCATION NC DEPARTMENT OF TRANSPORTATION FAX 919 212 5785 1020 BIRCH RIDGE DRIVE PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS RALEIGH NC 2761 0 -4328 1598 MAIL SERVICE CENTER WEBSITE WWW NCDOT ORG RALEIGH NC 27699 1598 70 Resource Status The project is located in the Cape Fear River Basin and lies within Hydrologic Unit 03030005 (Subbasin 03 06 16) This is within the Middle Atlantic Coastal Plain ecoregion 71 Wetland Delineations A wetland delineation for the study area was performed and summarized in the 2002 Natural Resources Technical Report (NRTR) The wetlands within the study area were delineated based on the 1987 U S Army Corps of Engineers ( USACE) Wetland Delineation Manual and a preliminary design was prepared to avoid and minimize impacts to wetlands to the maximum extent possible Wetland delineations were completed in July 2001 This delineation was later field verified by Mr Richard Spencer of the USACE Wilmington District) on December 29 2004 The study area was re- delineated in August 2010 72 Stream Delineations Data collected for streams were derived from USGS topographic maps the Bladen County Soil Survey (USDA 1990) and site reconnaissance The data included stream classifications which were presented in the NRTR The USACE concurred on stream classifications by Mr Richard Spencer of the USACE Wilmington District) on December 29 2004 73 R -3825 Characterization of Jurisdictional Sites 7 3 1 Wetlands There are three wetland communities found within the project study area The NRTR and EA identify two wetland communities found within the project study area Bottomland Hardwood and Floodplam Slough Roadside Canal which encompass the borrow pits maintained areas on the west side in the utility corridor and areas that would currently be identified as Non Tidal Freshwater Marsh A Riverme Swamp Forest wetland community was also identified after the field work for re verifying the wetlands This was classified as a Bottomland Hardwood community in the NRTR and EA More detailed information about these wetlands can be found in the EA and the NRTR which includes figures showing the wetlands within the project area 7 3 2 Streams Best Usage Classifications for the jurisdictional stream is provided in the EA Neither High Quality Waters (HQW) Water Supplies (WS I undeveloped watersheds or WS II predominately undeveloped watersheds) nor Outstanding Resource Waters (ORW) occur within 1 0 mile of the project study area None of the streams are designated as a North Carolina Natural or Scenic River or as a National Wild and Scenic River The Cape Fear River is not listed on the Final 2010 Section 303(d) list of impaired waters 74 Impacts to Jurisdictional Resources Impacts to jurisdictional wetlands and Cape Fear River for B 4028 are summarized below 81 Bald and Golden Eagle Protection Act (BGPA) In the July 9 2007 Federal Register (72 37346 37372) the bald eagle was declared recovered and removed (delisted) from the Pederal List of Threatened and Endangered wildlife This delisting took effect August 8 2007 After delisting the Bald and Golden Eagle Protection Act (Eagle Act) (16 L S C 668 668d) became the primary law protecting bald eagles A survey was conducted on August 25 2010 found no nests within 660 feet of the project limits however nesting and foraging habitat is present 82 Moratorium There is an in water work moratorium for B -4028 According to the NC Wildlife Resources Commission ( NCWRC) anadromous fish species and shortnose sturgeon are found in this portion of the Cape Fear River An in water work moratorium between February 15 and June 30 will apply to the Cape Fear River This was requested in a letter from the NCWRC dated February 12 2010 Correspondence (attached) with NMFS concurred that NCWRC s moratorium would also be adequate for the shortnose sturgeon Additionally the Cape Fear River is also designated as an Inland Primary Nursery Area (IPNA) in the study area However NCWRC stated through personal communication (Travis Wilson Oct 4 2011) that NCDOT is not required to adhere to the IPNA in water work moratorium 90 Cultural Resources The potential effect of the proposed project on cultural resources in the project area was evaluated in accordance with Section 106 of the National Historic Preservation Act of 1966 as amended The State Historic Preservation Office (SHPO) letter dated May 15 2008 determined that removal of the existing structure (Bridge No 12) will have an Adverse Affect on the historic property which will require a Memorandum of Agreement (MOA) On August 18 2010 NCDOT FHWA and SHPO completed an MOA for the ieplacenient of Bridge No 12 The filing of the MOA and execution of its terms completes the requirements of Section 106 of the National Preservation Act and the Advisory Council on Historic Preservation regulations with this project (see FONSI Appendix D) An archaeological survey of the projects area of potential effect was conducted by NCDOT archaeologists to determine the projects impact on significant archaeological or historical resources No archaeological sites were found within the projects area of potential effects Therefore no additional archaeological investigation is recommended for this project The SHPO concurred with these findings in a letter dated May 15 2002 A copy of this letter can be found in the FONSI 10 0 FEMA Compliance The project has been coordinated with appropriate state and local officials and the Federal Emergency Management Agency (FEMA) to assure compliance with FEMA state and local floodway regulations At the request of regulatory agencies NCDOT will remove the existing causeway and grade the area down to natural ground elevation within the easement 112 Compensation The NCDOT has avoided and minimized impacts to jurisdictional resources to the greatest extent possible as described above The unavoidable impacts to jurisdictional riparian and non riparian wetlands will be offset by compensatory mitigation provided by the EEP A copy of the EEP acceptance letter dated November 1 2011 is attached NCDOT is not proposing mitigation for hand clearing for the following reasons This activity does not create a permanent wetland conversion from forested or scrub /shrub to herbaceous Hand clearing is not prohibited based on the following definition of dredged material Title 33 U S C 323 2(d)(2) The term discharge of dredged material does not include the following (ii) Activities that involve only the cutting or removing of vegetation above the ground (e g mowing rotary cutting and chainsawing) where the activity neither substantially disturbs the root system nor involves mechanized pushing dragging or other similar activities that redeposit excavated soil material Additionally NCDOT was asked to perform the N C Wetland Assessment Method (WAM) This has been performed however the implementation aspect of WAM has not been put on public notice for comments For this reason NCDOT does not feel that WAM should be used at this time to determine the need for compensatory mitigation 12 0 Indirect and Cumulative Effects The Environmental Assessment and subsequent Finding of No Significant Impact for B 4028 determined that no significant impacts to natural ecological cultural scenic or community resources are expected due to the construction of the preferred alternative Any direct impacts to resources have been avoided (where possible) minimized and mitigated The bridge is being replaced immediately upstream of the existing structure and is not creating any new access to adjacent land or offering any significant travel time savings Therefore no indirect or cumulative effects are expected due to the construction of B 4028 130 Regulatory Approvals Section 10 Application is hereby made for a USACE Section 10 Permit as required for the above described activities Section 404 Application is hereby made for a USACE Individual 404 Permit as required for the above described activities 7 10/18/11 B -4028 NEU Narrative Utility Owners • Power Four County EMC — (contact Edward Pope 910 259 1854) • Telephone AT &T (contact Shannon Coston 910 341 -1623) • Telecommunications BTI (contact Scott Powell 919 600 4934) General Utility Relocation All utility lines inside the project limits will be adjusted as necessary or relocated away from construction The power telephone and telecommunications will be relocated prior to the letting Existing Utilities • Power the existing Four County EMC aerial power transmission pole lines run along northwest side of NC 11 • Telephone the existing AT &T Telephone lines (fiber optic and copper cables) are underground and aerial along northwest side of NC 11 • Telecommunications the existing BTI Telecommunications fiber optic lines are underground along southeast side of NC 11 Proposed Utility Relocation • Powei Four County EMC will abandon all aerial power ttan�,niission pole lines after a new aerial power transmission pole line is installed along the proposed R/W line on the northwest side of NC 11 then crosses Line —L at Sta 67+5' ) and continues on the south east side of NC 11 to the end of the project • Telephone AT &T will abandon all aerial and underground facilities and install new fiber optic cables on the west side of NC 11 The proposed underground conduits will be installed by directional bore across the Cape Fear River and wetlands • Telecommunications BTI will abandon all underground facilities and install new fiber optic cables with AT &T on the west side of NC 11 The proposed underground conduits will be installed by directional bore across the Cape Fear River and wetlands RECEIVED NOV 0 7 2011 U S ARMY CORPS OF ENGINEERS REG MAIWpJ \aECNO 0710 0003 APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT EXPIRES 31 AUGUST 2012 33 CFR 325 Public reporting for this collection of information is estimated to average 11 hours per response including the time for reviewing instructions searching existing data sources gathering and maintaining the data needed and completing and reviewing the collection of information Send comments regarding this burden estimate or any other aspect of the collection of information including suggestions for reducing this burden to Department of Defense Washington Headquarters Executive Services and Communications Directorate Information Management Division and to the Office of Management and Budget Paperwork Reduction Project (0710 0003) Respondents should be aware that notwithstanding any other provision of law no person shall be subject to any penalty for fading to comply with a collection of information if it does not display a currently valid OMB control number Please DO NOT RETURN your form to either of those addresses Completed applications must be submitted to the District Engineer having jurisdiction over the location of the proposed activity PRIVACY ACT STATEMENT Authorities Rivers and Harbors Act Section 10 33 USC 403 Clean Water Act Section 404 33 USC 1344 Marine Protection Research and Sanctuaries Act Section 103 33 USC 1413 Regulatory Programs of the Corps of Engineers Final Rule 33 CFR 320 332 Principal Purpose Information provided on this form will be used in evaluating the application for a permit Routine Uses This information may be shared with the Department of Justice and other federal state and local government agencies and the public and may be made available as part of a public notice as required by Federal law Submission of requested information is voluntary however if information is not provided the permit application cannot be evaluated nor can a permit be issued One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application (see sample drawings and /or instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity An application that is not completed in full will be returned (ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS) 1 APPLICATION NO 2 FIELD OFFICE CODE 3 DATE RECEIVED 4 DATE APPLICATION COMPLETE (ITEMS BELOW TO BE FILLED BYAPPLICAN7) 5 APPLICANTS NAME 8 AUTHORIZED AGENTS NAME AND TITLE (agent is not required) First Middle Last First Middle Last Company North Carolina Department of Transportation Company E mail Address jsmerritt @ncdot gov E mail Address 6 APPLICANTS ADDRESS 9 AGENTSADDRESS Address 1548 Mail Service Center Address City Raleigh State NC Zip 27699 Country USA City State Zip Country 7 APPLICANTS PHONE NOs WAREA CODE 10 AGENTS PHONE NOs WAREA CODE a Residence b Business c Fax a Residence b Business c Fax 919 707 6000 919 250 4224 STATEMENT OF AUTHORIZATION 11 1 hereby authorize to act in my behalf as my agent in the processing of this application and to furnish upon request supplemental information in support of this permit application SIGNATURE OF APPLICANT DATE NAME LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY 12 PROJECT NAME OR TITLE (see instructions) B 4028 13 NAME OF WATERBODY IF KNOWN (if applicable) 14 PROJECT STREET ADDRESS (if applicable) Cape Fear River Address 15 LOCATION OF PROJECT Latitude N 34 39765 Longitude W 78 267438 City State Zip 16 OTHER LOCATION DESCRIPTIONS IF KNOWN (see instructions) State Tax Parcel ID Municipality Section Township Range ENG FORM 4345 OCT 2010 EDITION OF OCT 2004 IS OBSOLETE P a t CECw OR 17 DIRECTIONS TO THE SITE The project is located on NC 11 approximately two miles north of the intersection on NC I I and NC 87 18 Nature of Activity (Descnption of project include all features) Proposed replacement of Bridge No 12 over the Cape Fear River and overflow bridges No 18 and 42 Also relocation of utilities 19 Project Purpose (Describe the reason or purpose of the project see instructions) Replace structurally deficient bridges USE BLOCKS 20 23 IF DREDGED AND /OR FILL MATERIAL IS TO BE DISCHARGED 20 Reason(s) for Discharge Construction of roadway and bridge 21 Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards Type Type Type Amount in Cubic Yards Amount in Cubic Yards Amount in Cubic Yards Please see attached permit drawings 22 Surface Area in Acres of Wetlands or Other Waters Filled (see instructions) Acres 1 12 acres of permanent wetland impacts 0 043 acre of temporary wetland impacts or Linear Feet 173 acres of permanent surface water impacts 0 090 acre of temporary impacts 23 Description of Avoidance Minimization and Compensation (see instructions) See attached cover letter ENG FORM 4345 OCT 2010 24 Is Any Portion of the Work Already Complete? Yes XQNo IF YES DESCRIBE THE COMPLETED WORK 25 Addresses of Adjoining Property Owners Lessees Etc Whose Property Adjoins the Waterbody (n more tm ca b t red h re pi ttach a suppi m Mal I t) a Address City State Zip b Address City State Zip c Address City State Zip d Address City State Zip e Address City State Zip 26 List of Other Certificates or Approvals/Denials received from other Federal State or Local Agencies for Work Described in This Application AGENCY TYPE APPROVAL IDENTIFICATION DATE APPLIED DATE APPROVED DATE DENIED NUMBER Would include but is not restricted to zoning budding and flood plain permits 27 Application is hereby made for permit or permits to authorize the work described in this application I certify that this information in this application is complete and accurate I further certify that I possess the authority to undertake the work described herein or am acting as the duly authorized agent of the appllca SIGN TURE OF APPLICANT IDATIA SIGNATURE OF AGENT DATE The Application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly authorized agent if the statement in block 11 has been filled out and signed 18 U S C Section 1001 provides that Whoever In any manner within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies conceals or covers up any trick scheme or disguises a material fact or makes any false fictitious or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false fictitious or fraudulent statements or entry shall be fined not more than $10 000 or Imprisoned not more than five years or both ENG FORM 4345 OCT 2010 Y o stem �n apemen PROGRAM November 7 2011 Mr Gregory J Thorpe PhD Manager Project Development and Environmental Analysis Branch North Carolina Department of Transportation 1548 Mail Service Center Raleigh North Carolina 27699 1548 Dear Dr Thorpe Subject EEP Mitigation Acceptance Letter B 4028 Replace Bridge Number 12 and 18 over the Cape Fear River and Cape Fear River overflow on NC 11 Bladen County The purpose of this letter is to notify you that the Ecosystem Enhancement Program (EEP) will provide the compensatory riparian wetland mitigation for the subject project Based on the information supplied by you on October 27 and November 4 2011 the impacts are located in CU 03030005 of the Cape Fear River basin in the Southern Inner Coastal Plain (SICP) Eco Region and are as follows Cape Fear Stream Wetlands Buffer (Sq Ft ) 03030005 Non Coastal SICP Cold Cl ooarm W Riparian R Riparian Marsh Zone 1 Zone 2 Impacts 0 0 0 112 0 0 0 0 feet/acres) Mitigation Credits 0 0 0 224 0 0 0 0 This mitigation acceptance letter replaces the mitigation acceptance letter issued on October 27 and November 1 2011 EEP through coordination with the NCDOT intends to utilize the Privateer Farm mitigation site to offset the wetland impacts associated with this project Upon receipt of the permit the debit in the amount required by the issued permit will be made and locked to the Privateer Farm mitigation site If the above referenced impact amounts are revised then this mitigation acceptance letter will no longer be valid and a new mitigation acceptance letter will be required from EEP 1929 If you have any questions or need additional information please contact Ms Beth Harmon at 919 715 Sincerely -,�16 Mic el Ellison EEP Deputy Director cc Mr Ronnie Smith USACE— Wilmington Regulatory Field Office Mr Brian Wrenn Division of Water Quality Wetlands /401 Unit File B 4028 Revised Kutosru-tg EKkAAcwg Not" Our State AgA MUM North Carolina Ecosystem Enhancement Program 1652 Mail Service Center Raleigh NC 27699 1652 / 919 715 0476 / www nceep net Merritt, John S From Fritz Rohde @noaa gov Sent Monday July 25 2011 3 27 PM To Merritt John S Subject Re RE B 4028 I forgot the terminology Yes no effect Original Message From Merritt John S <jsmerntt @ncdot gov> Date Monday July 25 20113 17 pm Subject RE B 4028 To Fritz Rohde @noaa gov < Fritz Rohde @noaa gov> > Sorry for the multiple emails Just to insure I don t assume the > call for this species would be No Effect ? Thanks again for the help > John Merritt • Original Message • From Fritz Rohde @noaa gov [ • Sent Monday July 25 20112 49 PM • To Merritt John S • Subject Re B 4028 • Adhering to the WRC moratorium would provide protection to the • sturgeon also Thus no impact > Fritz Rohde > Original Message > From Merritt John S <jsmerntt @ncdot gov> > Date Monday July 2S 20112 26 pm > Subject B 4028 > To Fritz Rohde @noaa gov < Fritz Rohde @noaa gov> > > Good afternoon > > This is concerning replacing Bridge No 12 over the Cape Fear > River > and Bridge Nos 18 and 42 over the Cape Fear River Overflow > areas on > NC 11 in Bladen County The NCDOT is currently adhering > to an > anadromous fish moratorium requested by WRC (Feb 15 June 30) > > NHP records indicated an occurrence upstream of the project site > for > the federally endangered shortnose sturgeon (Acipenser > brevirostrum) > just below lock and dam No 1 in 1993 Also several > occurrences are > found downstream dated 1993 with the closest > approximately 2 5 miles > from the project area What would the > appropriate biological > conclusion for this federally protected > species be given the current > moratorium? S1 ORMVIVA"I ER MANAGEMENT PLAN B 4028 State Piojec,t 33395 1 1 Date 814 11 l Bladen County Hydraulics Pioject Engineer R C Henegar PE ROADWAY DESCRIPTION This project involves replacing Bridge No 12 over Cape Fear River and Overflow Bridges No 18 and No 42 on NC 11 in Bladen County The overall length of the project is 1 259 miles The existing 22 foot paved road is a two lane i oad with 2 loot gran ,ed shoulders Budge No 12 is a 1236 ft twenty tluee span bridge (2@ 35 1@ 286 8@ n4 1@41 1@47 10@ 44) with a cleat roadway width of 30 feet Bridge No 18 is a -MOft ten span bridge (10@ 34) with a clear roadway width of 30 feet Bridge No 42 is a 340ft ten span bridge (10@ 34) with a clear roadway width of 30 feet The project will be a two lane section with 12 foot lanes and 4 foot grassed shoulders The replacement structure for Bridge No 12 will be a 1275 ft bridge with 12 spans (1 @ 115 1 @ 185 1 @ 120 Steel Girder 9@ 95) 54 Prestressed Girder with a cleat roadway width of 32 feet The replacement structure for Bridge No 18 will be a 375 ft bridge with five spans (5@ 75) 45 Prestressed Girdei with a clear roadway width of 32 feet The replacement structure for Bridge No 42 will be a 375 ft biidge with five spans (5@ 75) 45 Prestressed Girdei with a clear roadway width of 32 feet ENVIRONMENTAL DESCRIPTION This project is located in the Cape Feai River Basin There is one river crossing on this project which has a WS 1V Sw classification This river is not on the 303(d) list Wetlands will be impacted by the proposed project BEST MANAGEMENT PRACTICES AND MAJOR STRUCTURES Theie will be no direct discharge into the stieam Sheet flow will be utilized as much as practicable and dischaiged onto grassed surfaces o stem E a ement PROGRAM November 1 2011 Mr Gregory J Thorpe PhD Manager Project Development and Environmental Analysis Branch North Carolina Department of Transportation 1548 Mail Service Center Raleigh North Carolina 27699 1548 Dear Dr Thorpe Subject EEP Mitigation Acceptance Letter RECEIVE[- NOV 0 7 2011 REG WILM FLb OF( B 4028, Replace Bridge Number 12 and 18 over the Cape Fear River and Cape Fear River overflow on NC 11 Bladen County The purpose of this letter is to notify you that the Ecosystem Enhancement Program (EEP) will provide the compensatory riparian wetland mitigation for the subject project Based on the information supplied by you on October 27 2011 the impacts are located in CU 03030005 of the Cape Fear River basin in the Southern Inner Coastal Plain (SICP) Eco Region, and are as follows Cape Fear Stream Wetlands Buffer (Sq Ft ) 03030005 SICP Cold Cool Warm Riparian Non Coastal Zone 1 Zone 2 Riparian Marsh Impacts feet/acres) 0 0 0 112 0 0 0 0 This mitigation acceptance letter replaces the mitigation acceptance letter issued on October 27, 2011 EEP commits to implementing sufficient compensatory riparian wetland mitigation credits to offset the impacts associated with this project in accordance with the N C Department of Environment and Natural Resources Ecosystem Enhancement Program In Lieu Fee Instrument dated July 28 2010 If the above referenced impact amounts are revised then this mitigation acceptance letter will no longer be valid and a new mitigation acceptance letter will be required from EEP 1929 If you have any questions or need additional information please contact Ms Beth Harmon at 919 715 Sincerely 4t- Mic Ellison EEP Deputy Director cc Mr Ronnie Smith USACE — Wilmington Regulatory Field Office Mr Brian Wrenn Division of Water Quality Wetlands /401 Unit File B-4028 Revised K torwg EKAAavwg Prote wj Our Stag MM North Carolina Ecosystem Enhancement Program 1652 Mail Service Center Raleigh NC 27699 1652 / 919 715 0476 / www nceep net {x & ®° ® [CONTRACT TIP PROJECT B -4028 ] ��� ■ \ ) ) § I� I I § % > IL 2 : , § 2 ; :! 0zz §)f C, �c/ 0j« } )§§ \ &`® ; m)/ § [= Q / {\ � 0§ q§ !( o` § 9/ \k �\ @| � 7 §§ � E E { f 0 \- 2 _m @ < \ _ M $ � w r \ ( q ) J (° k ®. � §r °� 7\ k( m ] 2# 2 \§ p �k ( � m � [� � � � � C) � � � � \ c » G 7 2 \ � / e $ ± \g \© % 2 « S| �| q§ !( § 9/ \k �\ { f 0 \- 2 _m @ < \ _ M $ � w r \ ( q ) J (° k ®. � §r °� 7\ k( m ] 2# 2 \§ p �k ( � m � [� � � � � C) � � � � \ c » G 7 2 \ � / e $ ± \g \© % 2 « S| �| m v£ 9 p T m m 6 H p s m n t n 3 a a _ y - = y » a a z S b ° a D D m m z b s a � -00 I ® ❑I I I i 1� i na m3 v d- fi07 4 3 3 I b �p go Q a a D♦ III IIIIIII� I � I���ep� I p A p A p c _- - n n a x n n n - n � Y m m i e ❑ m I m - - C x � I 9 I SCI ;�Oeogo ROD* i I m ®o o- . - H H E E n ; Z a - - N a l 0® ®o I p ®B R m o. 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60+0959 60 nxti�oD� e I 0 oI Dy o I D D I ✓ 11 I ° � o ° o � a o ° I a o ° 0 0 � tlz I CN F o ° Jl� D a� 0 1 z Q i O i O - -1 a r �� Ih 1 II II II 1r ` °0�8 III II � 71 II "'i�oo III II ��iA � III II bosom ° D �I If �2b� � III Ih BL o III I� a �qi it �QD �QQ i Ir • Q PC S/a 60+0959 60 nxti�oD� e I 0 oI Dy o I D D I ✓ 11 I ° � o ° o � a o ° I a o ° 0 0 � tlz I CN F o ° Jl� D a� 0 1 z Q RECEIVE[ NOV 0 7 2011 U S ARMY CORPS OF ENGINEERS REG MMAFkCbVAECNo 0710 0003 APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT EXPIRES 31 AUGUST 2012 33 CFR 325 Public reporting for this collection of information is estimated to average 11 hours per response including the time for reviewing instructions searching existing data sources gathering and maintaining the data needed and completing and reviewing the collection of information Send comments regarding this burden estimate or any other aspect of the collection of information including suggestions for reducing this burden to Department of Defense Washington Headquarters Executive Services and Communications Directorate Information Management Division and to the Office of Management and Budget Paperwork Reduction Project (0710 0003) Respondents should be aware that notwithstanding any other provision of law no person shall be subject to any penalty for fading to comply with a collection of information if it does not display a currently valid OMB control number Please DO NOT RETURN your form to either of those addresses Completed applications must be submitted to the District Engineer having jurisdiction over the location of the proposed activity PRIVACY ACT STATEMENT Authorities Rivers and Harbors Act Section 10 33 USC 403 Clean Water Act Section 404 33 USC 1344 Marine Protection Research and Sanctuaries Act Section 103 33 USC 1413 Regulatory Programs of the Corps of Engineers Final Rule 33 CFR 320 332 Principal Purpose Information provided on this form will be used in evaluating the application for a permit Routine Uses This information may be shared with the Department of Justice and other federal state and local government agencies and the public and may be made available as part of a public notice as required by Federal law Submission of requested information is voluntary however if information is not provided the permit application cannot be evaluated nor can a permit be issued One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application (see sample drawings and /or instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity An application that is not completed in full will be returned (ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS) 1 APPLICATION NO 2 FIELD OFFICE CODE 3 DATE RECEIVED 4 DATE APPLICATION COMPLETE (ITEMS BELOW TO BE FILLED BY APPLICANT) 5 APPLICANTS NAME 8 AUTHORIZED AGENT S NAME AND TITLE (agent is not required) First Middle Last First Middle Last Company North Carolina Department of Transportation Company E mad Address .jsmerritt @ncdot gov E mail Address 6 APPLICANTS ADDRESS 9 AGENTSADDRESS Address 1548 Mail Service Center Address City Raleigh State NC Zip 27699 Country USA City State Zip Country 7 APPLICANTS PHONE NOs WAREA CODE 10 AGENTS PHONE NOs WAREA CODE a Residence b Business c Fax a Residence b Business c Fax 919 707 6000 919 250 4224 STATEMENT OF AUTHORIZATION 11 1 hereby authorize to act in my behalf as my agent in the processing of this application and to furnish upon request supplemental information in support of this permit application SIGNATURE OF APPLICANT DATE NAME LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY 12 PROJECT NAME OR TITLE (see instructions) B 4028 13 NAME OF WATERBODY IF KNOWN (if applicable) 14 PROJECT STREET ADDRESS (if applicable) Cape Fear River Address 15 LOCATION OF PROJECT Latitude N 34 39765 Longitude W 78 267438 City State Zip 16 OTHER LOCATION DESCRIPTIONS IF KNOWN (see instructions) State Tax Parcel ID Municipality Section Township Range RECEIVED ENG FORM 4345 OCT 2010 EDITION OF OCT 2004 IS OBSOLETE Prop t CECw OR NOV 2 3 2019 Winston Salem Regional Office V 17 DIRECTIONS TO THE SITE The project is located on NC 11 approximately two miles north of the intersection on NC 11 and NC 87 18 Nature of Activity (Description of project include all features) Proposed replacement of Bridge No 12 over the Cape Fear River and overflow bridges No 18 and 42 Also relocation of utilities 19 Project Purpose (Describe the reason or purpose of the project see instructions) Replace structurally deficient bridges USE BLOCKS 20 23 IF DREDGED AND /OR FILL MATERIAL IS TO BE DISCHARGED 20 Reason(s) for Discharge Construction of roadway and bridge 21 Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards Type Type Type Amount in Cubic Yards Amount in Cubic Yards Amount in Cubic Yards Please see attached permit drawings 22 Surface Area in Acres of Wetlands or Other Waters Filled (see instructions) Acres 1 12 acres of permanent wetland impacts 0 043 acre of temporary wetland impacts or Linear Feet 1 73 acres of permanent surface water impacts 0 090 acre of temporary impacts 23 Description of Avoidance Minimization and Compensation (see instructions) See attached cover letter ENG FORM 4345 OCT 2010 2`� Is Any Portion of the Work Already Complete? Yes ❑X No IF YES DESCRIBE THE COMPLETED WORK 25 Addresses of Adjoining Property Owners Lessees Etc Whose Property Adjoins the Waterbody (f m re th ra b t ed here pie haa, ppi m t i i t) a Address City State Zip b Address City State Zip c Address City State Zip d Address City State Zip e Address City State Zip 26 List of Other Certificates or Approvals /Denials received from other Federal State or Local Agencies for Work Described in This Application AGENCY TYPE APPROVAL IDENTIFICATION DATE APPLIED DATE APPROVED DATE DENIED NUMBER Would include but is not restricted to zoning building and flood plain permits 27 Application is hereby made for permit or permits to authorize the work described in this application I certify that this information in this application is complete and accurate I further certify that I possess the authority to undertake the work described herein or am acting as the duly authorized agent of the apphcar� (l p{ 1 Wit SIGN TURE OF APPLICANT iDATEI SIGNATURE OF AGENT DATE The Application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly authorized agent if the statement in block 11 has been filled out and signed 18 U S C Section 1001 provides that Whoever in any manner within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies conceals or covers up any trick scheme or disguises a material fact or makes any false fictitious or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false fictitious or fraudulent statements or entry shall be fined not more than $10 000 or imprisoned not more than five years or both ENG FORM 4345 OCT 2010