20120737 Ver 1_Application_20120802

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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATIO
N
BEVERLY EAVES PERDUE
GOVERNOR
July 20 2012
U S Army Corps of Engineers
Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest NC 27587
ATTN Mr Eric Alsmeyer
NCDOT Coordinator
Dear Sir
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EUGENE A CONTI JR
SECRETARY
Subject Application for Section 404 Nationwide Permits 23, 33, and 13, Section 401
Water Quality Certification, and Tar - Pamlico Riparian Buffer Authorization
for the replacement of Bridge No 83 over Tar River on SR 1138 (Culbreth Road)
in Granville County, Federal Aid Project No BRSTP- 1138(10), Division 5, T I P
No B -3841
Debit $240 00 from WBS No 33289 1 1
The North Carolina Department of Transportation ( NCDOT) proposes to replace bridge No 83
over Tar River on SR 1138 (Culbreth Road) in Granville County Impacts will consist of 127
linear feet of permanent stream impacts due to the placement of riprap bank stabilization along
the Tar River and 0 06 acres of temporary stream impacts due to the placement of a temporary
causeway into the Tar River An offsite detour will be used during construction
Please see the enclosed copies of the Pre Construction Notification (PCN), U S Fish and
Wildlife Service (USFWS) Biological Opinion (BO) regarding the dwarf wedgemussel
(Alasmidonta heteredon) issued April 19 2012 U S Army Corps of Engineers (USACE)
Preliminary Jurisdictional Determination application, stormwater management plan permit
drawings buffer impact drawings and roadway design plans for the subject project The
Categorical Exclusion (CE) for this project was completed in August 2011 Additional copies
are available upon request
The let date for the project is May 21, 2013 with a review date of April 2, 2013 However, the
let date may advance as additional funds become available
MAILING ADDRESS
NC DEPARTMENT OF TRANSPORTATION TELEPHONE [phone] LOCATION
PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS Century Center Building B
NATURAL ENVIRONMENT UNIT FAX [phone] Birch Ridge Drive
1598 MAIL SERVICE CENTER Raleigh NC 27610
RALEIGH NC 27699 1598 WESSITE WWW NCDOT ORG

A copy of this permit application will be posted on the NCDOT Website at
http //www ncdot org /doh/preconstruct/pe /neu/permit html
Thank you for your assistance with this project If you have any questions or need additional
information please contact Greg Price at gwprice @ncdot gov or [phone]
Sincerely
C / /x4v'k
-V£✓ Gregory J Thorpe PhD , Manager
Project Development and Environmental Analysis Unit
cc NCDOT Permit Application Standard Distribution List
B 3841 Permit Application
Page 2 of 2

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Office Use Only
Corps action ID no
DWQ project no
Form Version 1 3 Dec 10 2008
Pre - Construction Notification (PCN) Form
A
Applicant Information
1
Processing
1a
Type(s) of approval sought from the
Corps
®Section 404 Permit ❑Section 70 Permit
1b Specify Nationwide Permit (NWP) number 23 33 13 or General Permit (GP) number
1c
Has the NWP or GP number been venfied by the Corps?
❑ Yes
® No
Id
Type(s) of approval sought from the DWQ (check all that apply)
® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ® Riparian Buffer Authorization
le
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ 401
Certification
❑ Yes ® No
For the record only for Corps Permit
❑ Yes ® No
If
Is payment into a mitigation bank or in lieu fee program proposed for mitigation
of impacts? If so attach the acceptance letter from mitigation bank or in lieu
fee program
❑ Yes
® No
1g
Is the project located in any of NC s twenty coastal counties If yes answer 1 h
below
❑ Yes
® No
1h
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes
® No
2
Project Information
2a
Name of project
Replacement of Bridge 83 over the Tar River on SR 1138 (Culbreth Road)
2b
County
Granville
2c
Nearest municipality / town
Berea
2d
Subdivision name
not applicable
2e
NCDOT only T I P or state
project no
B 3841
3
Owner Information
3a
Name(s) on Recorded Deed
North Carolina Department of Transportation
3b
Deed Book and Page No
not applicable
3c
Responsible Party (for LLC if
applicable)
not apphcab/e
3d
Street address
1598 Mad Service Center
3e
City state zip
Raleigh NC 27699 1598
3f
Telephone no
[phone]
3g
Fax no
[phone]
3h
Email address
gwpnce @ncdot gov

4 Applicant Information (if different from owner)
4a Applicant is
❑ Agent ❑ Other specify
4b Name
not applicable
4c Business name
(if applicable)
4d Street address
4e City state zip
4f Telephone no
4g Fax no
4h Email address
5 Agent/Consultant Information (if applicable)
5a Name
not applicable
5b Business name
(if applicable)
5c Street address
5d City state zip
5e Telephone no
5f Fax no
5g Email address

B Project Information and Prior Project History
1 Property Identification
la Property identification no (tax PIN or parcel ID)
not applicable
1 b Site coordinates (in decimal degrees)
Latitude 36 295214 Longitude 78 730894
(DD DDDDDD) ( DD DDDDDD)
1 c Property size
1 8 acres
2 Surface Waters
2a Name of nearest body of water (stream river etc) to
Tar River
proposed project
2b Water Quality Classification of nearest receiving water
WS IV NSW
2c River basin
Tar Pamlico
3 Project Description
3a Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application
Land use in the project vicinity is primarily agriculture interspersed with residential development and forestland
3b List the total estimated acreage of all existing wetlands on the property
0
3c List the total estimated linear feet of all existing streams (intermittent and perennial) on the property
100
3d Explain the purpose of the proposed project
To replace a structurally deficient and functionally obsolete bridge
3e Describe the overall project in detail including the type of equipment to be used
The project involves replacing a 8 span 140 foot bridge with a 3 span 169 foot bridge on the existing bridge location with
an offsite detour The new bridge will be of sufficient width to provide for two 12 foot lanes with 3 4 foot offsets on each
side Standard road budding equipment such as trucks dozers and cranes will be used
4 Jurisdictional Determinations
4a Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
El Yes ®No ❑Unknown
project (including all prior phases) in the pasty
Comments perennial stream (Tar River) only
4b If the Corps made the jurisdictional determination what type
❑ preliminary ❑ Final
of determination was made?
4c If yes who delineated the jurisdictional areas?
Agency /Consultant Company
Name (if known
Other
4d If yes list the dates of the Corps jurisdictional determinations or State determinations and attach documentation
5 Project History
5a Have permits or certifications been requested or obtained for
❑ Yes ® No ❑ Unknown
this project (including all prior phases) in the past?
5b If yes explain in detail according to help file instructions
6 Future Project Plans
6a Is this a phased project?
❑ Yes ® No
6b If yes explain

C Proposed Impacts Inventory
1 Impacts Summary
la Which sections were completed below for your project (check all that apply)
❑ Wetlands ® Streams tributaries ® Buffers
❑ Open Waters ❑ Pond Construction
2 Wetland Impacts
If there are wetland impacts proposed on the site then complete this question for each wetland area impacted
2a
2b
2c
2d
2e
2f
Wetland impact
Type of jurisdiction
number —
Type of impact
Type of wetland
Forested
(Corps 404 10
Area of impact
Permanent (P) or
(if known)
DWQ —non 404 other)
(acres)
Temporary T
❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
❑ Yes
❑ Corps
❑ P ❑ T
❑ No
❑ DWQ
❑ Yes
❑ Corps
❑ P ❑ T
❑ No
❑ DWQ
2g Total wetland impacts
2h Comments
3 Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site then complete this
question for all stream sites impacted
3a
3b
3c
3d
3e
3f
3g
Stream impact
Type of impact
Stream name
Perennial
Type of
Average
Impact length
number
(PER) or
jurisdiction
stream
(linear feet)
Permanent (P) or
intermittent
(Corps 404 10
width
Temporary (T)
(INT)
DWQ — non -404
(feet)
other)
Site 1 ®P ❑ T
Bank
Stabilization
Tar River
® PER
❑ INT
® Corps
❑ DWQ
60
127
Site 1 [:1 P ®T
Temporary
Causeway
Tar River
® PER
❑ INT
® Corps
❑ DWQ
60
70 (0 06 ac)
❑ PER
❑ Corps
❑ P ❑ T
❑ INT
❑ DWQ
❑ PER
❑ Corps
❑ P ❑
[]INT
❑ DWQ
3h Total stream and tributary impacts
127 Perm
0 06 ac Temp
31 Comments The 70 linear feet of impact from temporary causeway is within the same stream reach for bank stabilization
The temporary causeway will be built in stages

4 Open Water Impacts
If there are proposed impacts to lakes ponds estuaries tributaries sounds the Atlantic Ocean or any other open water of
the U S then indiv ually list all open water impacts below
4a
Open water
impact number —
Permanent (P) or
Temporary
4b
Name of
waterbody
(if applicable)
4c
Type of impact
4d
Waterbody type
4e
Area of impact (acres)
01 ❑ PEI T
02 ❑P ❑T
03 ❑P ❑T
04 ❑P ❑T
4f Total open water impacts
4g Comments
5 Pond or Lake Construction
If pond or lake construction proposed then complete the chart below
5a
Pond ID
number
5b
Proposed use or
purpose of pond
5c
Wetland Impacts (acres)
5d
Stream Impacts (feet)
5e
Upland
(acres)
Flooded
Filled
Excavat
ed
Flooded
Filled
Excavated
Flooded
P1
P2
5f Total
5g Comments
5h Is a dam high hazard permit required
❑ Yes ❑ No If yes permit ID no
51 Expected pond surface area (acres)
5j Size of pond watershed (acres)
5k Method of construction

6 Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer
then complete the chart below If yes then individually list
all buffer
impacts below If any impacts require mitigation
then you MUST fill out Section D of this form
6a
❑ Neuse
®Tar Pamlico
❑Other Jordan
Project is in which protected basin?
❑ Catawba
❑ Randleman
6b
6c
6d
6e
6f
6g
Buffer impact
number—
Reason for impact
Stream name
Buffer
Zone 1 impact
Zone 2 impact
Permanent (P) or
mitigation
(square feet)
(square feet)
Temporary
required?
Yes
61 ®P ❑ T
Bridge
Tar River
® s
5969
1754
61 ®P ❑ T
Road crossing
Tar River
® Nos
1475
El Yes
❑P ❑T
❑ No
6h Total buffer impacts
5969
3229
61 Comments All buffer impacts are allowable

D
Impact Justification and Mitigation
1
Avoidance and Minimization
la
Specifically describe measures taken to avoid or minimize the proposed impacts in designing project
The proposed bridge is 29 feet longer than the existing bridge the number of bents within the creek will be reduced from
three to zero the proposed bridge will be at approximately the same grade and alignment as the existing structure 2 1 or
steeper fill slopes are used through the buffer zones to reduce impacts existing concrete abutments will be removed and
replaced with rip rap on the banks to prevent the erosion that currently exists and ditch flow from the NW and SW
quadrants that is currently concentrated flow through the buffers on the upstream side will be piped to the more stable
ditches on the downstream side providing improvement in velocities and infiltration over the current gullies
Per the USFWS Biological Opinion for the dwarf wedgemussel dated April 19 2012 the following conservation
measures will also be employed 1) In areas identified as Environmentally Sensitive Areas the contractor may perform
clearing operations but not grubbing operations until immediately prior to beginning grading operations 2) Once grading
operations begin in identified Environmentally Sensitive Areas work shall progress in a continuous manner until
complete 3) In areas identified as Environmentally Sensitive Areas erosion control devices shall be installed
immediately following the clearing operation 4) In areas identified as Environmentally Sensitive Areas seeding and
mulching shall be performed on the areas disturbed by construction immediately following final grade establishment 5) In
areas identified as Environmentally Sensitive Areas seeding and mulching shall be done in stages on cut and fill slopes
that are greater than 20 feet in height measured along the slope or greater than two acres in area whichever is less 6)
No new bents will be constructed in the river New bents will be constructed at or beyond the top of bank resulting in a
complete span of the river channel 7) Deck drains will not discharge directly into the stream 8) Removal of the existing
bents will take place when water flow level is at a minimum point allowable within the project schedule and will be done in
such a manner to minimize disturbance to the river bed 9) Standard silt fence and small sections of special sediment
control fence will be installed along the top of the river bank and along the toe of the slope parallel to the river The
special control fence sections will be installed as drainage breaks in the silt fence and at low elevation points Once the
disturbed areas that drain to the silt fence and special sediment control fence have been stabilized the silt fence and
special sediment control fence and all accumulated sediment adjacent to the fence will be removed to natural ground and
stabilized with a native grass mix 10) All sedimentation and erosion control measures throughout the project limits will
be maintained regularly to ensure proper function of the measures 11) NCDOT will ensure that Roadside Environmental
Unit staff maintains a level of oversight to ensure that all appropriate erosion control measures are fully implemented to
avoid /minimize sedimentation of the stream 12) A temporary access road for conveying construction equipment in the
floodplam /buffer will be stabilized with rock underlain with filter fabric Temporary Class II rip rap and filter fabric
causeway work pads with fingers to individual bents will be utilized for removal of existing in stream structures The total
length of causeway across the river at any one time will be less than or equal to the total length of the longest causeway
in order to maintain hydraulic opening and minimize unnecessary constriction of the river channel 13) Rip rap bank
stabilization will be installed in conjunction with the temporary causeway portions of which will remain to provide
permanent bank stability 14) The existing concrete waste in the river will be removed in conjunction with bent
foundations 15) Embankment construction and grading shall be managed in such a matter to prevent surface
runoff /drainage from discharging untreated into the riparian buffer Instead all interim surfaces will be graded to drain to
temporary erosion control devices Temporary berms ditches etc will be incorporated as necessary to treat temporary
runoff before discharging into the riparian buffer (As specified in NCDOT BMP Manual) 16) If possible a gap will be left
between proposed bank stabilization rip rap and proposed abutment rip rap to ease terrestrial wildlife passage under the
bridge 17) A preconstruction mussel survey will be conducted prior to the start of construction with a pre approved
contingency plan in the event that DWM are found during this survey 18) An off site detour will be utilized for this project
1 b
Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques
NCDOT will use Best Management Practices for Bridge Demolition and Removal as well as Best Management Practices
for the Protection of Surface Waters Design Standards in Sensitive Watersheds will also be used
2
Compensatory Mitigation for Impacts to Waters of the U S or Waters of the State
❑ Yes ® No
2a
Does the project require Compensatory Mitigation for
impacts to Waters of the U S or Waters of the States
If no only are acts explain Impacts bank stabilization <150 feet
p p y ( )
and temporary impacts that do not require compensatory
mitigation
2b
If yes mitigation is required by (check all that apply)
❑ DWQ ❑ Corps

2c If yes which mitigation option will be used for this
project?
❑ Mitigation bank
El Payment to in lieu fee program
❑ Permittee Responsible Mitigation
3 Complete if Using a Mitigation Bank
3a Name of Mitigation Bank not applicable
3b Credits Purchased (attach receipt and letter)
Type
Quantity
3c Comments
4 Complete if Making a Payment to In lieu Fee Program
4a Approval letter from in lieu fee program is attached
❑ Yes
4b Stream mitigation requested
linear feet
4c If using stream mitigation stream temperature
❑ warm ❑ cool ❑cold
4d Buffer mitigation requested (DWQ only)
square feet
4e Riparian wetland mitigation requested
acres
4f Non riparian wetland mitigation requested
acres
4g Coastal (tidal) wetland mitigation requested
acres
4h Comments
5 Complete if Using a Permittee Responsible Mitigation Plan
5a If using a permittee responsible mitigation plan provide a description of the proposed mitigation plan
6 Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation?
Ell Yes ® No
6b If yes then identify the square feet of impact to each zone of the riparian buffer that requires mitigation Calculate the
amount of mitigation required
Zone
6c
Reason for impact
6d
Total impact
(square feet)
Multiplier
6e
Required mitigation
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
15
6f Total buffer mitigation required
6g If buffer mitigation is required discuss what type of mitigation is proposed (e g payment to private mitigation bank
permittee responsible riparian buffer restoration payment into an approved in lieu fee fund)
6h Comments

E
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1
Diffuse Flow Plan
la
Does the project include or is it adjacent to protected riparian buffers identified
® Yes ❑ No
within one of the NC Riparian Buffer Protection Rules?
1 b
If yes then is a diffuse flow plan included? If not explain why
®Yes No
❑
Comments
2
Stormwater Management Plan
2a
What is the overall percent imperviousness of this project?
N/A
2b
Does this project require a Stormwater Management Plan?
® Yes ❑ No
2c
If this project DOES NOT require a Stormwater Management Plan explain why
2d
If this project DOES require a Stormwater Management Plan then provide a brief narrative description of the plan
See attached permit drawings
❑ Certified Local Government
2e
Who will be responsible for the review of the Stormwater Management Plan'
❑ DWQ Stormwater Program
® DWQ 401 Unit
3
Certified Local Government Stormwater Review
3a
In which local government s jurisdiction is this project?
not applicable
❑ Phase II
3b
Which of the following locally implemented stormwater management programs
❑ NSW
❑ USMP
apply (check all that apply)
❑ Water Supply Watershed
❑ Other
3c
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
4
DWQ Stormwater Program Review
❑ Coastal counties
4a
Which of the following state implemented stormwater management programs apply
❑ HQW
(check all that apply)
❑ ORW
❑ Session Law 2006 246
❑ Other
4b
Has the approved Stormwater Management Plan with proof of approval been
attached
❑ Yes ® No
5 DWQ 401 Unit Stormwater Review
5a
Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No N/A
5b Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No N/A

F Supplementary Information
1 Environmental Documentation (DWQ Requirement)
la Does the project involve an expenditure of public (federal /state /local) funds or the
® Yes ❑ No
use of public (federal /state) land?
lb If you answered yes to the above does the project require preparation of an
environmental document pursuant to the requirements of the National or State
® Yes ❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)*?
1c If you answered yes to the above has the document review been finalized by the
State Clearing House? (If so attach a copy of the NEPA or SEPA final approval
®Yes El No
letter )
Comments
2 Violations (DWQ Requirement)
2a Is the site in violation of DWQ Wetland Rules (15A NCAC 2H 0500) Isolated
Wetland Rules (15A NCAC 2H 1300) DWQ Surface Water or Wetland Standards
❑ Yes ® No
or Riparian Buffer Rules (15A NCAC 2B 0200)?
2b Is this an after the fact permit application?
❑ Yes ® No
2c If you answered yes to one or both of the above questions provide an explanation of the violation(s)
3 Cumulative Impacts (DWQ Requirement)
3a Will this project (based on past and reasonably anticipated future impacts) result in
❑ Yes
additional development which could impact nearby downstream water quality9
® No
3b If you answered yes to the above submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy If you answered no provide a short narrative description
Due to the minimal transportation impact resulting from this bridge replacement this project will neither influence nearby
land uses nor stimulate growth Therefore a detailed indirect or cumulative effects study will not be necessary
4 Sewage Disposal (DWQ Requirement)
4a 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
not applicable
10

5 Endangered Species and Designated Critical Habitat (Corps Requirement)
5a Will this project occur in or near an area with federally protected species or
® Yes ❑ No
habitat
5b Have you checked with the USFWS concerning Endangered Species Act
® Yes ® No
impacts?
® Raleigh
5c If yes indicate the USFWS Field Office you have contacted
❑ Asheville
5d What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
N C Natural Heritage Heritage Program database USFWS Raleigh Field Office website biological surveys for protected
species listed for Granville County which include smooth coneflower harperella and dwarf wedgemussel Harperella
and smooth coneflower were last surveyed on September 12 and 15 2011 respectively and have a Biological
Conclusion of No Effect Dwarf wedgemussel was last surveyed on September 12 2011 and has a Biological
Conclusion of May Affect Likely to Adversely Affect A Biological Assessment was completed for the dwarf
wedgemussel in February 2012 A Biological Opinion was issued by the USFWS in April 2012 which is enclosed with this
permit application package
6 Essential Fish Habitat (Corps Requirement)
6a Will this project occur in or near an area designated as essential fish habitats
❑ Yes ® No
6b What data sources did you use to determine whether your site would impact Essential Fish Habitat?
NMFS County Index
7 Historic or Prehistoric Cultural Resources (Corps Requirement)
7a Will this project occur in or near an area that the state federal or tribal
governments have designated as having historic or cultural preservation
❑ Yes ® No
status (e g National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b What data sources did you use to determine whether your site would impact historic or archeological resources?
NEPA Documentation
8 Flood Zone Designation (Corps Requirement)
8a Will this project occur in a FEMA designated 100 year floodplain?
❑ Yes ® No
8b If yes explain how project meets FEMA requirements NCDOT Hydraulics Unit coordination with FEMA
8c What source(s) did you use to make the floodplain determination? FEMA Maps
Dr Gregry J Thorpe, Ph D
4dc
Applicant/Agent s Printed Name
- _
an ent s Si nature
9 9
(Agents signature is v4blid only if an authorization letter from the applicant
is provided
11

?ECEIut
pwision of Hip
United States Department of the Interior APR 2 6 2012
Prownsttut
FISH AND WILDLIFE SERVICE rroW Develops% ont and
Raleigh Feld Office EW
f1W gnslysis Branch
Post Office Boa 33726
Raleigh North Carolina 27636 3726
April 19 2012
John F Sullivan III, PE
Federal Highway Administration
310 New Bern Avenue, Suite 410
Raleigh, North Carolina 27601
Dear Mr Sullivan
This document transmits the U S Fish and Wildlife Service s (Service) Biological Opinion based
on our review of the proposed replacement of Bridge No 83 over Tar River on SR 1138 located
in Granville County, North Carolina (TIP No B- 3841), and its effects on the federally
endangered dwarf wedgemussel (Alasmidonta heterodon, DWM) in accordance with Section 7
of the Endangered Species Act (ESA) of 1973, as amended (16 U S C 1531 -1543) Your April
10 2012 request for formal consultation was received on April 11, 2012 If you have any
questions concerning this biological opinion, please contact Mr Gary Jordan at (919) 8564520
(Ext 32)
Ssnc ,
�i
Pete Be�amnn
Field Supervisor
cc Greg Thorpe NCDOT, Raleigh NC
electronic copy Ken Graham, USFWS, Atlanta GA
Brett Hillman, USFWS, Concord, NH
Eric Alsmeyer, USACE, Raleigh, NC
Jared Gray, NCDOT Raleigh, NC
Greg Price, NCDOT Raleigh NC
Logan Williams, NCDOT, Raleigh, NC
Chris Murray, NCDOT, Durham, NC
Chris Militscher, USEPA, Atlanta, GA
Travis Wilson, NCWRC, Creedmoor, NC
Rob Ridings, NCDWQ, Raleigh, NC

This Biological Opinion (BO) is based on information provided in the submitted Biological
Assessment (BA) prepared by the North Carolina Department of Transportation ( NCDOT),
telephone conversations, emails, field investigations and other sources of information A
complete administrative record of this consultation is on file at this office
CONSULTATION HISTORY
November 13, 2002 — Service staff attends an on site field meeting with NCDOT staff to discuss
the potential effects to the DWM
June 6, 2007 — Service staff attends an on -site field meeting with NCDOT staff to discuss the
potential effects to the DWM
June /July 2007 — Service staff and NCDOT staff have several discussions and email exchanges
regarding the need for formal Section 7 consultation
August 5, 2010 — Service staff assist NCDOT staff in conducting mussel survey
September 12, 2011— Service staff attends an on site field meeting with NCDOT staff to discuss
potential conservation measures to minimize effects to the DWM
January 24, 2012 — The Service provides comments on a draft BA from NCDOT
April 11, 2012 — The Service receives a letter from the Federal Highway Administration
(FHWA), dated April 10, 2012, with the attached final BA, requesting formal Section 7
consultation on the proposed replacement of Bridge No 83 over the Tar River
BIOLOGICAL OPINION
I DESCRIPTION OF THE PROPOSED ACTION
The B -3841 project is located at the SR 1138 (Culbreth Road) crossing of the Tar River in
Granville County North Carolina, approximately seven miles west of Oxford The existing
eight -span 140 feet long and 219 feet wide bridge will be replaced with a three -span,
approximately 169 feet long (1 @32', 1 @100' 1 @37') and 30 8 feet wide bridge The new
bridge will be placed in the same horizontal alignment, but the roadway grade will be raised
approximately four feet The new bridge will completely span the channel of the Tar River A
small amount of existing approach fill will be removed from the floodplain Reconstruction of
the approach road will extend approximately 370 feet south of the new bridge and 160 feet north
of the new bridge Traffic will be detoured onto other roads during construction
After removing the existing bridge superstructure, the removal of bents in the stream channel
will require the construction of two temporary rock causeways in the stream channel
Installation of the Stage 2 causeway will not begin until removal of the Stage 1 causeway has
begun The Stage 2 causeway, the longer of the two, is expected to exceed slightly more than

50% of the channel widt The temporary causeways will consist of np rap underlain with filter
fabric The temporary causeways will allow access of heavy equipment to remove the existing
concrete footings of bents in the channel to remove existing concrete slope protection to
excavate the banks, and to construct the new bridge The Stage 1 causeway is expected to be in
place less than one month and the Stage 2 causeway is expected to be in place up to four
months Upon removal of each causeway, a portion of the np rap will be allowed to remain as
bank stabilization
Action Area
The action area is defined as the SR 1138 project right -of -way (ROW) of B -3841, beginning 370
feet south of the bridge and extending 160 feet north of the bridge, plus the Tar River for a
distance of 1,312 feet (400 meters) downstream and 328 feet (100 meters) upstream of the
bridge The action area consists mainly of a maintained/disturbed roadside vegetative
community, the SR 1138 pavement and bridge structure, and the Tar River channel The action
area occurs in Tar River Sub -basin 03 03 -01, as assigned by the North Carolina Department of
Environment and Natural Resources, Division of Water Quality Section At the project site, the
Tar River is approximately 70 feet wide Riparian hardwood forest borders along each bank
within the action area
Conservation Measures
Conservation measures represent actions, pledged in the project description, that the action
agency will implement to minimize the effects of the proposed action and further the recovery of
the species under review Such measures should be closely related to the action and should be
achievable within the authority of the action agency Since conservation measures are part of the
proposed action their implementation is required under the terms of the consultation The
FHWA and NCDOT have proposed the following conservation measures
• In areas identified as Environmentally Sensitive Areas, the contractor may perform clearing
operations, but not grubbing operations until immediately prior to beginning gradmg
operations
• Once grading operations begin in identified Environmentally Sensitive Areas, work shall
progress in a continuous manner until complete
• In areas identified as Environmentally Sensitive Areas, erosion control devices shall be
installed immediately following the clearing operation
• In areas identified as Environmentally Sensitive Areas seeding and mulching shall be
performed on the areas disturbed by construction immediately following final grade
establishment
• In areas identified as Environmentally Sensitive Areas, seeding and mulching shall be done
in stages on cut and fill slopes that are greater than 20 feet in height measured along the
slope or greater than two acres in area, whichever is less
• No new bents will be constructed in the river New bents will be constructed at or beyond
the top of bank resulting in a complete span of the river channel
• Deck drams will not discharge directly into the stream

• Removal of the existing bents will take place when water flow level is at a m,mmum point
allowable within the project schedule and will be done in such a manner to minimize
disturbance to the river bed
• Standard silt fence and small sections of special sediment control fence will be installed
along the top of the river bank and along the toe of slope parallel to the river The special
sediment control fence sections will be installed as drainage breaks in the silt fence and at
low elevation points Once the disturbed areas that drain to the silt fence and special
sediment control fence have been stabilized, the silt fence and special sediment control fence
and all accumulated sediment adjacent to the fence will be removed to natural ground and
stabilized with a native grass mix
• All sedimentation and erosion control measures, throughout the project limits, will be
maintained regularly to ensure proper function of the measures
• NCDOT will ensure that Roadside Environmental Unit staff maintain s a level of oversight to
ensure that all appropriate erosion control measures are fully implemented to avoid/mminuze
sedimentation of the stream
• Temporary access road for conveying construction equipment in the floodplam/buffer will be
stabilized with rock underlain with filter fabric Temporary Class Il np rap and filter fabric
causeway work pads with fingers to individual bents will be utilized for removal of existing
in-stream structures The total length of causeway across the river at any one time will be
less than or equal to the total length of the longest causeway in order to maintain hydraulic
opening and minimize unnecessary constriction of the river channel
• Rip rap bank stabilization will be installed in conjunction with the temporary causeway,
portions of which will remain to provide permanent bank stability
• The existing concrete waste in the river will be removed in conjunction with bent
foundations
• Embankment construction and grading shall be managed in such a manner to prevent surface
runoffJdramage from discharging untreated into the riparian buffer Instead all interim
surfaces will be graded to drain to temporary erosion control devices Temporary berms,
ditches, etc will be incorporated, as necessary, to treat temporary runoff before discharging
into the riparian buffer (As specified in NCDOT BMP Manual)
• If possible, a gap will be left between proposed bank stabilization np rap and proposed
abutment np rap to ease terrestrial wildlife passage under the bridge
• A preconstruction mussel survey will be conducted prior to the start of construction, with a
pre- approved contingency plan in the event that DWM are found during this survey
• An off site detour will be utilized for this project
H STATUS OF THE SPECIES
The DWM was federally listed as endangered on March 14, 1990 The DWM is found solely in
Atlantic Coast drainage streams and rivers of various sizes and moderate current It ranges from
New Hampshire to North Carolina, in small creeks to deep rivers in stable habitat with substrates
ranging from mixed sand, pebble and gravel, to clay and silty sand In the southern portion of its
range, it is often found buried under logs or root mats in shallow water (USFWS 1993), whereas
in the northern portion of its range, it may be found in firm substrates of mixed sand, gravel or
4

cobble or embedded in clay banks in water depths of a few inches to greater than 20 feet (Fichtel
and Smith 1995 Gabriel 1995 Gabriel 1996 Nedeau and Werle 2003 Nedeau 2004a 2004b
2006a)
The DWM's reproductive cycle is typical of other freshwater mussels, requiring a host fish on
which its larvae (glochidia) parasitize and metamorphose into juvenile mussels The DWM is
not a long -lived species as compared to other freshwater mussels, life expectancy is estimated at
10 to 12 years (Michaelson and Neves 1995)
Human activity has significantly degraded DWM habitat causing a general decline in populations
and a reduction in distribution of the species Primary factors responsible for the decline of the
DWM include 1) unpoundment of river systems, 2) pollution, 3) alteration of riverbanks, and 4)
siltation (USFWS 1993)
Damming and channelizatnon of rivers throughout the DWM's range have resulted in the
elimination or alteration of much of its formerly occupied habitat (Wafters 2001) Domestic and
industrial pollution was the primary cause for mussel extirpation at many historic sites Mussels
are known to be sensitive to a wide variety of heavy metals and pesticides, and to excessive
nutrients and chlorine (Havhk and Marking 1987) Mussel die -offs have been attributed to
chemical spills, agricultural waste run -off and low dissolved oxygen levels
Because freshwater mussels are relatively sedentary and cannot move quickly or for long
distances, they cannot easily escape when silt is deposited over their habitat Siltation has been
documented to be extremely detrimental to mussel populations by degrading substrate and water
quality, increasing exposure to other pollutants and by direct smothering of mussels (Ellis 1936,
Markings and Bills 1979) In Massachusetts, a bridge construction project decimated a
population of DWM by accelerated sedimentation and erosion (Smith 198 1)
Most DWM populations are small and geographically isolated from each This isolation restricts
exchange of genetic material among populations and reduces genetic variability within
populations (USFWS 1993)
At one time DWM was recorded from 70 localities in 15 mayor drainages ranging from North
Carolina to New Brunswick, Canada Since the 1993 Recovery Plan, a number of new locations
have been discovered and a number of known locations are possibly no longer extant Based on
preliminary information the dwarf wedgemussel is currently found in 15 major drainages (Table
1), comprising approximately 70 "sites ' (one site may have multiple occurrences) At least 45 of
these sites are based on less than five individuals or solely on spent shells (USFWS 2007)
Table 1 Dwarf wedgemussel mayor drainages
State
Mayor Drainage
County
NH
Upper Connecticut River
Coos, Grafton, Sullivan, Cheshire
VT
Upper Connecticut River
Essex, Orange, Windsor, Windham
MA
Middle Connecticut River
Hampshire, Hampden

CT
Lower Connecticut River
Hartford
NY
Middle Delaware
Orange, Sullivan, Delaware
NJ
Middle Delaware
Warren Sussex
PA
Upper Delaware River
Wayne
MD
Choptank River
Queen Anne's Carolme
MD
Lower Potomac River
St Mary's Charles
MD
Upper Chesapeake Bay
Queen Anne's
VA
Middle Potomac River
Stafford
VA
York River
Louisa, S otsylvania
VA
Chowan River
Sussex Nottoway, Lunenburg
NC
Upper Tar River
Granville, Vance, Franklin Nash
NC
Fishing Creek
Warren, Franklin Halifax
NC
Contentnea
Wilson, Nash
NC
Upper Neuse
Johnson, Wake Orange
* The 15 mayor drainages identified in Table 1 do not necessarily correspond to the original drainages identified in
the 1993 Recovery Plan although there is considerable overlap
The main stem of the Connecticut River in New Hampshire and Vermont is considered to have
the largest remaining DWM population, consisting of three distinct stretches of sporadically
occupied habitat segmented by hydroelectric dams It is estimated that there are hundreds of
thousands of DWM scattered within an approximate 75 -mile stretch of the Connecticut River
The Ashuelot River in New Hampshire the Farmington River in Connecticut, and the Neversmk
River in New York harbor large populations, but these number in the thousands only The
remaining populations from New Jersey south to North Carolina are estimated at a few
individuals to a few hundred individuals (USFWS 2007)
In summary, it appears that the populations in North Carolina, Virginia, and Maryland are
declining as evidenced by low densities, lack of reproduction, or inability to relocate any DWM
in follow -up surveys Populations in New Hampshire, Massachusetts, and Connecticut appear to
be stable, while the status of populations in the Delaware River watershed affected by the recent
floods of 2005 is uncertain at this time (USFWS 2007)
III ENVIRONMENTAL BASELINE
Under section 7(a)(2) of the Act when considering the effects of the action" on federally listed
species the Service is required to take into consideration the environmental baseline The
environmental baseline includes past and ongomg natural factors and the past and present
impacts of all federal, state, or private actions and other activities in the action area (50 CFR
402 02), including federal actions in the area that have already undergone section 7 consultation,
and the impacts of state or private actions which are contemporaneous with the consultation in
process
6

Status of the Species Within the Action Area
The action area occurs within the Upper Tar River Basin Records maintained by the North
Carolina Natural Heritage Program (NCNHP) show DWM to have been present in the Tar River
main stem between SR 1150 (Gooches Mill Road) and US 158 Additionally, the following
tributaries have been known to support DWM in the recent past Cub Creek, Shelton Creek Fox
Creek and North Fork Tar River All of the element occurrences in the Upper Tar River Basin
are designated as NHP Element Occurrence No 89, representing them as a single population of
DWM
Observations (G Jordan Service biologist, personal observations) of the Upper Tar River Basin
suggest that the DWM in the Upper Tar River Basin are genetically isolated and may not be
represented as a single population Shelton Creek and Fox Creek are a contiguous unit,
separated from the Tar Rv, er main stem by Gooches Mill Dam The dam is located
approximately 200 meters downstream of the mouth of Shelton Creek and impounds the Tar
River and Shelton Creek approximately 100 meters upstream of the SR 1150 bridge crossing
The habitat at their function is not suitable for DWM or their host species and likely represents a
complete bamer to movement between the two areas Cub Creek is isolated by another mill dam
at its mouth This mill dam is partially breached and the unpoundment behind it represents less
of an obstacle however the habitat at the mouth of Cub Creek is poor to marginal for DWM and
its host species and may represent a genetic barrier (J Mays, NCDOT biologist, personal
communication) North Fork Tar River flows into the Tar River below Gooches Mill Dam, and
the habitat at its mouth is heavily degraded by agricultural influences, primarily heavy erosion
caused by unfenced cattle North Fork Tar River could provide connectivity to the Tar River
main stem, but not to the population upstream of the mill dam
Recent efforts to locate DWM individuals in the Tar River have been unsuccessful These
efforts were sufficient enough to make the assertion that the population of DWM in the Tar River
is not abundant The apparent isolation of the DWM in the Tar River from the DWM in any of
the populated tributaries increases the chances of extirpation from a series of single events and
prevents the recolonization of areas affected by natural or anthropogemc disturbances
Survey records maintained by the North Carolina Wildlife Resources Comnussion ( NCWRC)
Aquatic Database for the SR 1138 crossing site indicate that two DWM were found in a 1998
survey No DWM were encountered during NCWRC survey efforts in 1986, 1995, 1999, 2010
or 2011 despite the presence of good quality habitat The survey records at this site are sufficient
to demonstrate that the population of DWM at this site is not and has not historically been
comparable to other DWM locations such as in Shelton Creek, where catch per unit effort has
been recorded as high as 19 DWM per search hour
Severe droughts affecting the Tar River in recent years (2002 and 2007) appear to have had a
drastic effect on DWM within the river basin Mussel fauna, already stressed by combinations of
human induced factors as well as environmental fluctuation, appear to have been reduced within
the action area While drought conditions persisted during the summer /fall of 2007 and early
v inter 2008, the entire watershed upstream of the action area was observed to have completely
stopped flowing and was reduced to a series of small stagnant pools for a period greater than

three months (G Jordan Service biologist, personal observations) Surveys conducted in Upper
Tar River Basin following the return of flow within the system have demonstrated severe
reduction of DWM as well as other mussel species in the area DWM catch per unit effort
(CPUE) within a well known area in Shelton Creek dropped from a high of 19 DWM/hour in
2005 to 0 DWM/hour in three 2009 surveys Subsequently, three separate survey efforts in
Shelton Creek m2010 located DWM in very low numbers with a CPUE of <1 It is unknown if
any DWM survived the drought within the action area
Factors Affecting the Species Environment Within the Action Area
The existing bridge especially the bents in the channel, may have affected DWM habitat within
the action area DWM, like all mussels, are sensitive to changes within their watershed
particularly deforestation, urbanization and mayor construction activities Presently the action
area and surrounding areas are primarily rural and do not appear to be experiencing
deforestation, urbanization or any other major construction activities The most prevalent current
factors affecting the species in and near the action area are the lingering effects of the 2002 and
2007 droughts and the lack of genetic connectivity with nearby, but isolated populations
IV EFFECTS OF THE ACTION
Under section 7(a)(2) of the Act, "effects of the action" refers to the direct and indirect effects of
an action on the species or critical habitat, together with the effects of other activities that are
interrelated or interdependent with that action The federal agency is responsible for analyzing
these effects The effects of the proposed action are added to the environmental baseline to
determine the future baseline, which serves as the basis for the determination in this BO Should
the effects of the federal action result in a situation that would jeopardize the continued existence
of the species, we may propose reasonable and prudent alternatives that the federal agency can
take to avoid a violation of section 7(a)(2) The discussion that follows is our evaluation of the
anticipated direct and indirect effects of the proposed project Indirect effects are those caused
by the proposed action that occur later in time but are still reasonably certain to occur (50 CFR
402 02)
Factors to be Considered
Since recent efforts to locate the DWM in the Tar River have been unsuccessful, it is uncertain
that any DWM still occur within the action area If the species does occur within the action area,
the minimal amount of work within the channel is expected to have negative effects for only a
short duration The long term and overall effect of the project may be beneficial if there is
significant recovery of the species in the Upper Tar Basin
Analysis for Effects of the Action
Beneficial Effects The removal of the existing bridge bents in the channel and the commitment
to completely span the channel will have beneficial effects Given that in- channel bents can trap
debris during high flows and can change stream hydraulics in the immediate vicinity of the

structure (causing scour and deposition) the elimination of the m- channel bents is expected to
reduce the bridge s effects on stream -flow patterns Also, given that large debris piles must
often be removed from in- channel bents (creating additional channel disturbance and
downstream sedimentation), the elimination of the in channel bents will thus preclude future
disturbance for debris removal The lengthening of the bridge from approximately 140 feet to
approximately 169 feet and the removal of some existing approach fill within the floodplain will
allow the stream to access more of its floodplain thus potentially reducing downstream bank
scouring and sedimentation
Direct Effects The construction of temporary, rock causeways within the channel could crush
any DWM within their footprint The temporary causeways may cause temporary compaction of
the underlying substrate thus degrading DWM habitat If a high water event occurs during the
time a work pad is in place, the constricted flow could cause erosion of the substrate and the
opposite bank Temporary causeways also create areas where debris can collect on thus
increasing the possibility of adjacent scouring and bank erosion However, having only one
causeway present at a time minimizes the chances of the negative effects occutnng Once
removed, the negative effects of the causeways will likely be short-lived
Removal of the m- channel bents may disturb sediment which will redeposit downstream,
potentially on DWM or within DWM habitat However, the small amount of sedimentation is
likely sub -lethal Of greater concern is prolonged erosion of the disturbed area on and along the
banks of the river within the action area during the construction of the bridge and approach road
A major storm event could erode soil from within the disturbed construction area and wash it
into the stream, thus smothering mussels, interfering with respiration and feedmg, and degrading
habitat To avoid or minimize the potential for this effect, NCDOT has developed stringent
erosion control measures and other conservation measures (see' Conservation Measures" section
of this BO) which greatly reduce the likelihood of sediment entering the stream
Indirect Effects Since the project involves replacing an existing two -lane bridge with a new
two lane bridge, it is unlikely that the project will promote any secondary development or land
use changes Also since no new bents will be placed in the channel, no negative indirect effects
to stream flow are anticipated Overall, the project is not likely to have any measurable indirect
effect on DWM or its habitat
Interrelated and Interdependent Actions None known
V CUMMULATIVE EFFECTS
Cumulative effects include the effects of future state, tribal, local or private actions that are
reasonably certain to occur in the action area considered in this BO Future federal actions that
are unrelated to the proposed action are not considered in this section because they require
separate consultation pursuant to section 7 of the ESA At this time there are no known future
local, state or private actions not requiring federal actions that are reasonably certain to occur
within the action area

VI CONCLUSION
After reviewing the current status of the DWM, the environmental baseline for the action area
all effects of the proposed project and the conservation measures identified in the BA, it is the
Service s biological opinion that the proposed replacement of Bridge No 83 over the Tar River
on SR 1138 (TIP No B- 3841), as proposed, is not likely to jeopardize the continued existence of
this species No critical habitat has been designated for this species, therefore, none will be
affected
This non - jeopardy opinion is based, in part, on the following facts It is not known if the DWM
still exists within the action area The project has significant long -term beneficial effects
Several conservation measures will greatly reduce the potential for negative effects In- channel
work will be minimal, thus limiting the potential for negative effects
INCIDENTAL TAKE STATEMENT
Section 9 of the ESA and federal regulations pursuant to Section 4(d) of the ESA prohibit the
taking of endangered and threatened species, respectively without special exemption Take is
defined as to harass, harm, pursue, hunt, shoot, wound, lull, trap, capture, or collect, or attempt to
engage in any such conduct Harm is further defined by the Service to include significant habitat
modification or degradation that results in death or injury to listed species by significantly
impairing essential behavioral patterns such as breeding, feeding or sheltering Harass is defined
by the Service as intentional or negligent actions that create the likelihood of mjury to listed
species to such an extent as to significantly disrupt normal behavior patterns which include, but
are not limited to, breeding, feeding or sheltering Incidental take is defined as take that is
incidental to, and not the purpose of, the carrying out of an otherwise lawful activity Under the
terms of Section 7(b)(4) and Section 7(o)(2), taking that is incidental to and not intended as part
of the agency action is not considered to be prohibited taking under the ESA provided that such
taking is in compliance with the terms and conditions of this Incidental Take Statement
The measures described below are non - discretionary, and must be undertaken by the FHWA so
that they may become binding conditions of any grant or permit issued to the NCDOT, as
appropriate, for the exemption in section 7(o)(2) to apply The FHWA has a continuing duty to
regulate the activity covered by this Incidental Take Statement If the FHWA (1) fails to assume
and implement the terms and conditions or (2) fails to require the NCDOT to adhere to the terms
and conditions of the Incidental Take Statement through enforceable terms that are added to the
permit or grant document the protective coverage of section 7(o)(2) may lapse To monitor the
impact of incidental take the FHWA or the NCDOT must report the progress of the action and
its impact on the species to the Service as specified in the Incidental Take Statement [50 CFR
§402 14(1)(3)] `
10

Amount or Extent of Take Anticipated
The Service anticipates that incidental take of the DWM may occur as a result of the bridge
replacement During demontion of the existing bridge and construction of the new bridge,
individual mussels may be crushed, harmed by siltation or other water quality degradation or
dislocated because of physical changes in their habitat
Because there are no reliable data on the number of DWM buried in the substrate compared to
those on the surface (and even those on the surface are difficult to detect), it is not possible to
base the amount of incidental take on numbers of individual mussels Additionally, mcidental
take will likely be difficult to detect and monitor Although spent shells may be collected,
attributing the cause of mortality maybe difficult Glochidia and juvenile mussels are also
extremely difficult to sample, therefore it is difficult to document take of either of these life
stages
The level of incidental take of the DWM can be defined as all DWM that may be harmed,
harassed, collected or lalled within the action area (400 meters downstream and 100 meters
upstream of the existing bridge) If mcidental take is exceeded, all work should stop, and the
Service should be contacted immediately
Effect of the Take
In the accompanying BO, the Service has determined that the level of anticipated take is not
likely to result in jeopardy to the DWM Since critical habitat has not been designated for this
species the proposed project will not result in the destruction or adverse modification of critical
habitat
Reasonable and Prudent Measures
The Service believes the following reasonable and prudent measures are necessary and
appropriate to minimize take of the DWM These nondiscretionary measures include, but are not
limited to the terms and conditions outlined in this BO
I All Conservation Measures previously described in this BO must be implemented
Terms and Conditions
In order to be exempt from the prohibitions of section 9 of the ESA, the NCDOT must comply
with the following terms and conditions which implement the reasonable and prudent measures
described previously and outline required reporting requirements These terms and conditions are
nondiscretionary
1 NCDOT will ensure that the contractor and on site NCDOT staff understand and follow
the measures listed in the "Conservation Measures" section of this BO
11

CONSERVATION RECOMMENDATIONS
Section 7(a)(1) of the Act directs federal agencies to use their authorities to further the purposes
or the ESA by carrying out conservation programs for the benefit of endangered and thremenea
species The following conservation recommendations are discretionary agency activities to
minimize or avoid adverse effects of a proposed action on listed species or critical habitat, to
help implement recovery plans, or to develop information
Conduct periodic DWM status surveys in the Upper Tar Basin and submit results to the
Service
2 Contribute funding and/or staff to anv future DWM reintroduction or population
augmentation efforts conducted by others
In order for the Service to be kept informed of actions mimmizing or avoiding adverse effects or
benefiting listed species or their habitats, we request notification of the implementation of anv
conservation recommendations
REINITIATION /CLOSING STATEMENT
This concludes formal consultation on the action outlined in vour April 10, 2012 request for
formal consultation As provided in 50 CFR section 402 16 reimtiation of formal consultation is
required where discretionary federal agency involvement or control over the action has been
retained (or is authorized by law) and if (1) new information reveals effects of the agency action
that may affect listed species or critical habitat in a manner or to an extent not considered in this
opinion (2) the agency action is subsequently modified in a manner that causes an effect to the
listed species or critical habitat not considered in this opimon, or (3) a new species is listed or
critical habitat designated that may be affected by the action
Literature Cited
Ellis M M 1936 Erosion silt as a factor in aquatic environments Ecology 17 29 -42
Fichtel C and D G Smith 1995 The Freshwater Mussels of Vermont Nongame and Natural
Heritage Program, Vermont Fish and Wildlife Department Technical Report 18 53 pp
Gabriel M 1995 Freshwater mussel distribution in the rivers and streams of Cheshire,
Hillsborough, Memmack and Rockingham Counties, New Hampshire Report submitted
to U S Fish and Wildlife Service New England Field Office and New Hampshire Fish
and Game Department 60 pp
Gabriel, M 1996 1996 Monitoring of the dwarf wedgemussel (Alasmidonta heterodon) in the
Ashuelot and Connecticut Rivers, New Hampshire Report submitted to The Nature
Conservancy, Eastern Regional Office, Boston Massachusetts 27 pp
12

Havlik M E and L L Marking 1987 Effects of contaminants on Naiad Mollusks
(Unionidae) A Review U S Department of the Interior Fist and Wildlife Service
Resource Publication 164 Washington D C 20 pp
Marking, L L and T D Bills 1979 Acute effects of silt and sand sedimentation on freshwater
mussels Pages 204 -211 in J R Rasmussen ed Proceedings of the UMRCC
symposium on Upper Mississippi River bivalve mollusks Upper Nfississinpi River
Conservation Committee Rock Island Illinois
Michaelson D L and R J Neves 1995 Life IFistory and habitat of the endangered dwarf
wedgemussel Alasmidonta heterodon (Bivalvia Umomdae) Jour N Am Benthol Soc
14324-340
Nedeau E J and S Werle 2003 Freshwater Musseis of the Ashuelot River Keene to
Hinsdale Unpublished report submitted to the U S Fish and Wildlife Service, Concord
New Hampshire )0 pp
Nedeau E J 2004a A Fourth Investigation of the Survival of Dwarf Wedgemussels
(Alasmidonta heterodon) for the Relocation Project on the Connecticut River, Route
Staoihzation Project Lunenburg, Vermont Unpublished report submitted to the U S
Fish and Wildlife Service Concord New Hampshire 7 pp
Nedeau E J 2004b Quantitative survey of dwarf wedgemussel (Alasmidonta heterodon)
populations downstream of the Surry Mountain Flood Control Dam on the Ashuelot
River Unpublished report submitted to the U S Fish and Wildlife Service Concord.
New Hampshire 12 pp
Nedeau. E 2006 Characterizing the Range and Habitat of Dwarf Wedgemussels in the `Middle
Macrosite" of the Upper Connecticut River Unpublished report submitted to the U S
Fish and Wildlife Service, Concord, New Hampshire 6 pp
Smith, D G 1981 Selected freshwater invertebrates proposed for special concern status in
Massachusetts Massachusetts Department of Environmental Quality Engineering
Division of Water Pollution Control Westborough MA
U S Fish and Wildlife Service 1993 Dwarf Wedge Mussel Alasmtdonta heterodon Recovery
Plan Hadley, Massachusetts 52 pp
U S Fish and Wildlife Service 2007 Dwarf WedgemusselAlasmtdonta heterodon 5 Year
Review Summary and Evaluation Concord, New Hampshire 19 pp
Watters, T 2001 Freshwater mussels and water quality A review of the effects of hydrologic
and instream habitat alterations Proceedings of the First Freshwater Mollusk
Conservation Society Symposium, 1999 Ohio Biological Survey, Columbus, Ohio
pages 261 274
13

PRELIMINARY JURISDICTIONAL DETERMINATION FORM
BACKGROUND INFORMATION
A REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL
DETERMINATION (JD)
B NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD
Greg Price NCDOT 1598 Mail Service Center Raleigh NC 27699 -1598
C DISTRICT OFFICE, FILE NAME, AND NUMBER CESAW -RG -R
D PROJECT LOCATION(S) AND BACKGROUND INFORMATION
TIP B -3841 Description Replace Bridge No 83 over Tar River on SR
1138 (Culbreth Road)
(USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES
AT DIFFERENT SITES)
State NC County /parish /borough Granville City Berea
Center coordinates of site (lat/long in degree decimal format)
Lat 36 295214 °N Long -78 7308940 W
Universal Transverse Mercator
Name of nearest waterbody Tar River
Identify (estimate) amount of waters in the review area
Non - wetland waters 130 linear feet 60 width (ft) and /or acres
Cowardin Class Riverine
Stream Flow Perennial
Wetlands acres
Cowardm Class
Name of any water bodies on the site that have been identified as Section 10
waters
Tidal N/A
Non -Tidal N/A
E REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT
APPLY)
❑ Office (Desk) Determination Date
❑ Field Determination Date(s)
1 The Corps of Engineers believes that there may be jurisdictional waters of the
United States on the subject site and the permit applicant or other affected party
who requested this preliminary JD is hereby advised of his or her option to
request and obtain an approved jurisdictional determination (JD) for that site
Nevertheless the permit applicant or other person who requested this

preliminary JD has declined to exercise the option to obtain an approved JD in
this instance and at this time
2 In any circumstance where a permit applicant obtains an individual permit or
a Nationwide General Permit (NWP) or other general permit verification requiring
pre - construction notification (PCN) or requests verification for a non - reporting
NWP or other general permit and the permit applicant has not requested an
approved JD for the activity the permit applicant is hereby made aware of the
following (1) the permit applicant has elected to seek a permit authorization
based on a preliminary JD which does not make an official determination of
jurisdictional waters, (2) that the applicant has the option to request an approved
JD before accepting the terms and conditions of the permit authorization and
that basing a permit authorization on an approved JD could possibly result in less
compensatory mitigation being required or different special conditions, (3) that
the applicant has the right to request an individual permit rather than accepting
the terms and conditions of the NWP or other general permit authorization (4)
that the applicant can accept a permit authorization and thereby agree to comply
with all the terms and conditions of that permit including whatever mitigation
requirements the Corps has determined to be necessary (5) that undertaking
any activity in reliance upon the subject permit authorization without requesting
an approved JD constitutes the applicants acceptance of the use of the
preliminary JD but that either form of JD will be processed as soon as is
practicable (6) accepting a permit authorization (e g signing a proffered
individual permit) or undertaking any activity in reliance on any form of Corps
permit authorization based on a preliminary JD constitutes agreement that all
wetlands and other water bodies on the site affected in any way by that activity
are jurisdictional waters of the United States and precludes any challenge to
such jurisdiction in any administrative or judicial compliance or enforcement
action or in any administrative appeal or in any Federal court and (7) whether
the applicant elects to use either an approved JD or a preliminary JD that JD
will be processed as soon as is practicable Further an approved JD a proffered
individual permit (and all terms and conditions contained therein) or individual
permit denial can be administratively appealed pursuant to 33 C F R Part 331,
and that in any administrative appeal jurisdictional issues can be raised (see 33
C F R 331 5(a)(2)) If during that administrative appeal it becomes necessary
to make an official determination whether CWA jurisdiction exists over a site or
to provide an official delineation of Jurisdictional waters on the site the Corps will
provide an approved JD to accomplish that result as soon as is practicable
This preliminary JD finds that there may be waters of the United States on the
subject project site, and identifies all aquatic features on the site that could be
affected by the proposed activity based on the following information
2

SUPPORTING DATA Data reviewed for preliminary JD (check all that apply
- checked items should be included in case file and where checked and
requested appropriately reference sources below)
❑ Maps plans plots or plat submitted by or on behalf of the
applicant/consultant
❑ Data sheets prepared /submitted by or on behalf of the
applicant/consultant
❑ Office concurs with data sheets /delineation report
❑ Office does not concur with data sheets /delineation report
❑ Data sheets prepared by the Corps
❑ Corps navigable waters' study
❑ U S Geological Survey Hydrologic Atlas
❑ USGS NHD data
❑ USGS 8 and 12 digit HUC maps
❑ U S Geological Survey map(s) Cite scale & quad name 124000
❑ USDA Natural Resources Conservation Service Soil Survey
Citation
❑ National wetlands inventory map(s) Cite name
❑ State /Local wetland inventory map(s)
❑ FEMA/FIRM maps
❑ 100 -year Floodplain Elevation is (National Geodectic Vertical Datum
of 1929)
❑ Photographs ❑ Aerial (Name & Date) or ❑ Other (Name &
Date)
❑ Previous determination(s) File no and date of response letter
® Other information (please specify) Permit drawings
IMPORTANT NOTE The information recorded on this form has not
necessarily been verified by the Corps and should not be relied upon for
later jurisdictional determinations
Signature and date of
Regulatory Project Manager
(REQUIRED)
✓ lv o7� /�
Signat6r-ewdhd date of
person requesting preliminary JD
(REQUIRED unless obtaining
the signature is impracticable)

STORMWATER MANAGEMENT PLAN
FOR B -3841, GRANVILLE CO
Prepared by Paul Atkinson
April 6, 2006
ROAD WAYDESCRIPTION
The project involves the replacement of Br No 83 on SR 1138 over Tar River The
overall length of the project is 0 14 mi (760 )
ENVIRONMENTAL DESCRIPTION
The project is located in the Tar - Pamlico River Basin with a stream classification of
WS -IV, NSW Tar -Pam allowable buffer impacts will occur at this stream crossing
There are no wetlands This is a Section 7 (Threatened & Endangered Species) project
due to the likelihood of mussels
BEST MANAGEMENT PRACTICES AND MAJOR STRUCTURES
Best Management Practices (BMPs) and measures used on the project to reduce
stormwater impacts are listed below All stormwater being discharged through the
buffers is diffuse flow
BRIDGE
The existing bridge is 8 spans, 140' total length, with sloping concrete abutments There
are problems with scour under the concrete abutment, vertical scoured banks, and an
ongoing debris problem The proposed bridge is 3 spans (1 @30' 1 @100' 1@35'),165'
total length, with 2 12' lanes and 3' shoulders for a total clear roadway width of 30 on
the bridge The proposed bridge will span the channel Deck drains will be omitted over
the channel, and will be placed in the overbank areas only Approximately 23 of
additional floodplain width will be provided under the bridge by removal of existing
embankment This additional width will also increase the current buffer width under the
bridge
The existing conc abutments extend into the channel which has scoured out under the
abutment at Sta 16 +85 —L -, np rap currently stabilizes the abutment at Sta 16 +05 —L-
The existing conc abutments will be removed and replaced with np rap on the banks to
prevent the erosion that currently exists
MISCELLANEOUS
2 1 or steeper fill slopes are used through the buffer zones to reduce impacts
There are currently two points of concentrated flow into the buffers, which are small
gullies on the upstream side (NW & SW quadrants) The flow into the buffers on the
dowstream side is essentially sheet flow In the SE quadrant there is an existing swale
that terminates dust inside the buffers with a berm and some rip rap where it turns to
sheet flow In the NE quadrant there is a poorly defined ditch that turns to sheet flow
Page 1 of 2

after passing through an existing np rap check dam prior to reaching the buffers There
are no signs of erosion in either of these downstream quadrants The proposed design
pipes the ditch flow from the upstream quadrants (removing it from the gullies) to the
respective downstream quadrants where existing conditions are stable The existing
swale in the SE quadrant will be retained and a new rock check dam will be installed in
the NE quadrant to replace the existing one that is under the proposed fill Although this
represents an increase of flow in the downstream quadrants it will provide an
improvement in velocities and infiltration over the current gullies
Page 2 of 2

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PROPERTY OWNERS
NAMES AND ADDRESSES
PARCEL NO NAMES ADDRESSES
1 G B Wations P O Box 1227, Oxford, NC 27565
2 Thorpe Wallace and Harnett 2554 Smith Rd Oxford, NC 27565
3 Hicks Clyde & Eurnda 5169 Culbreth Rd Oxford, NC 27565
4 Hicks Victor & Betty 24815 Mt Pleasant St Petersburg, VA 23803
5 Hicks Clyde & Eurnda 5169 Culbreth Rd Oxford, NC 27565
NCDOT
DIVISION OF HIGHWAYS
GRANVILLE COUNTY
PROJECT 3328911 (B -3841)
BRIDGE NO 83 OVER TAR RIVER
AND APPROACHES ON
SR 1138 (CULBRETH RD)
SHEET 5 OF 6 os/ 22/ 12

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