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HomeMy WebLinkAbout20071307 Ver 1_Application_20070730CF LEN 0~~~~` j+ V~ 0~~~ ~~ CAg CfTY MANAGER W. LANE BAILEY CITY O F L E N O I R MAYOR DAVID W. BARLOW NORTH C A R O L I N A July 27, 2007 Division of Water Quality 401 Wetlands Unit 1650 Mail Service Center Raleigh, North Carolina 27699-1650 ATTENTION: Dear Ms .Karoly: CITY COUNCIL J. L. GIBBONS T H. PERDUE M. F. PERRY H. L. PRICE T J. ROHR D. F.STEVENS M. O. STRAWN X71307 Ms. Cyndi Karoly SUBJECT: Section 404, Regional General Permit No. 198200031 Application for the proposed replacement of Bridge No. 75 on Broadway Street (SR 1301) over Blairs Fork (Spainhour) Creek, in Caldwell County. Federal Aid Project No. BRZ-1115 (12), State Project No. 8.2732901, TIP No. B-3933, WBS No. 33366.1.1 Please see the enclosed Pre-Construction Notification (PCN), permit drawings and Categorical Exclusion (CE) for the subject project. The City of Lenoir proposes to replace the 40.5-foot Bridge No. 75 in its existing location. The proposed structure will be a 55-foot, single span cored slab bridge. The proposed bridge will provide a clear roadway width of 33 feet and an out to out superstructure width of 36 feet. The roadway approaches will provide a 24-foot pavement with two 12-foot lanes and curb and gutter will be added. Approach roadway work will extend approximately 150 feet on each end of the proposed bridge. During construction, Broadway Street will be closed at the site of the bridge crossing and traffic will be detoured onto existing secondary roads. The anticipated start of construction is October 2007 with an estimated completion time of 1 year. Project impacts consist of the placement of approximately 64 feet of riprap on the banks of Blairs Fork Creek for bank stabilization. There are no wetlands located on the project. No temporary impacts will occur. POST OFFICE BOX 958 • LENOIR, NORTH CAROLINA 28645-0958 • (828) 757-2200 IMPACTS TO WATERS OF THE UNITED STATES The project is located in the Catawba River Basin (sub-bs Fork S ga3nhour) Creek has been the USGS Hydrologic Unit 03050101. This section of Blai (p DW Blahs assigned the Stream Index Number 11-39-3 by the Division of Water QualitYNo de~) ated High Fork Creek has been assigned a best usage classification of C by the DWQ. ~ Outstanding Resource Waters (ORW), WS-I or WS-Ii waters are Quality Waters (HQW), present within 1.0 mile of the project study area. Temporary Impacts: No temporary impacts will occur. Permanent impacts: There will be 64 feet of linearThpam acBncludesrthe placemenlt of prap the placement of riprap for stream bank protection p on the,~aiiks of the west side of the bridge where 2 s h ~'~e ~ ~~ h~eae.,nit is not possible~tos riprap is for erosion protection. Due to the topograp y , P J outlet these ditches prior to entering the stream;dle fiomis o~urpmp is being placed along the north end bent slope to protect the proposed bri g Bridge Demolition: Existing Bridge No. 75 is approximately 40.5 feet long with a de surfadcthon 24 feet. The superstructure is composed of a steel plank floor with an asphalt wearing steel I-beams. The substructure consists of timbe i hout dro immg badge ccomponents nto thee d The existing badge can be removed in sections w t pP stream. Bridge demolition activities will follow NCDOT's Best Management Practices for Bridge Demolition and Removal (BMPs-BDR). AVOIDANCE, MINIMIZATION AND MITIGATION Avoidance measures were taken during the Planning and NEPA compliance stages; minimization measures were incorporated as part of the project design. Avoidance/Minimization • The bridge will be replaced at the existing location and anoff--site detour will be used eliminating the need for a temporary crossing. • The proposed bridge will span the stream and no bents will be constructed in the water. • Bridge demolition activities will follow NCDOT's Best Management Practices for Bridge Demolition and Removal (BMPs-BDR). • NCDOT's Best Management Practices for the Protection of Surface Waters will be followed during the construction of this project. Mitigation Mitigation is not proposed due to the minor amount of impacts associated with this propose project. 2 REGULATORY APPROVALS Section 404 Permit: A request is hereby submitted to the Department of the Army, Corps of Engineers for Regional General Permit No. 198200031, issued under Section 404 of the CWA, authorizing the above-described activities. Section 401 Permit: We also request a 401 General Water Quality Certification No. 3627 from the North Carolina Department of Environment and Natural Resources, Division of Water Quality (DWQ). We are hereby submitting 5 copies of this application to the DWQ for their certification. Thank you for your assistance with this project. if you have any questions or need additional inform.~tian, please contact me at (828) 757-2183 or ckbeck a,ci.lenoir.nc.us. Sincerely, C'~.~, Charles Beck City of Lenoir, Director of Public Works cc w/attachments: Ms. Amanda Jones , USACOE North Carolina Wildlife Resource Commission Office Use Only: Form Version March OS USACE Action ID No. DWQ No. 2 0 0 7 1 3 0 7 (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) I. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ^ Riparian or Watershed Buffer Rules ^ Section 10 Permit ^ Isolated Wetland Permit from DWQ ® 401 Water Quality Certification ^ Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: RGP 198200031 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ^ 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: ^ 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ^ II. Applicant Information 1. Owner/Applicant Information Name: Charles Beck, Public Works Director City of Lenoir Mailing Address: P.O. Box 958 Lenoir, North Carolina 28645 Telephone Number: 828-757-2183 Fax Number: 828-757-2112 E-mail Address: ckbeckna,ci.lenoir.nc.us 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: William T. Stephens Jr. P.E. Company Affiliation: TGS Engineers Mailing Address: 975 Walnut Street, Suite 141 Cary, North Carolina 27511 Telephone Number: 919-319-8850 Fax Number: 919-319-6999 E-mail Address: bstephens ,tgsen~ineers.com Page 1 of 8 III. Project Information 2 Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Replacement of bridge No. 75 on Broadway St. over Blairs Fork Creek T.LP. Project Number or State Project Number (NCDOT Only):. B-3933 3. Property Identification Number (Tax PIN): N/A 4. Location County: Caldwell Nearest Town: City of Lenoir Subdivision name (include phase/lot number): N/A Directions to site (include road numbers/names, landmarks, etc.): Project is located on Broadway Street (SR 1301) approximately 0.2 miles north of junction with Creekway Drive 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): 35.9164 °N 81.5573 °W 6. Property size (acres): 7. Name of nearest receiving body of water: Blairs Fork (Spainhour) Creek 8. River Basin: Catawba River Basin (Note -this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Land use in the project area consist of residential development and forested land. Page 2 of 8 10. Describe the overall project in detail, including the type of equipment to be used: Replacement of bride No. 75 at the existing location with rip rap on the stream banks Heave roadway construction equipment will be used such as trucks excavators dozers cranes, etc. 11. Explain the purpose of the proposed work: To replace a deteriorating and structurally deficient bride. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. N/A V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. N/A VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: Jurisdictional impacts include placing rip rap on approximately 64 ft of stream bank for bank stabilization Page 3 of 8 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, senarately list impacts rlne to tenth ctnictnre and flnnrlina Wetland Im act P Site Number (indicate on map) Type of Impact T ype of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) vLocated within I00-year Floodplain ( es/no) Distance to Nearest Stream (linear feet) Area of Impact (acres) Total Wetland Impact (acres) 3. List the total acreage (estimated) of all existing wetlands on the property: 0 acres 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. To calculate acreage mnltinly length X ~x,;~Ith than r~ivi~7a by d2 S~(1 Stream Impact Number (indicate on ma) Stream Name Type of Impact Perennial or Intermittent? Average Stream Width Before Im act Impact Length (linear feet) Area of Impact (acres I Blairs Fork Creek Bank Stabilization Perennial 25 ft 64 0.038 Total Stream Impact (by length and acreage) 64 0.038 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill. excavatinn_ dredging- flnnrlincr rlrainaae hnllrhaarlc ata Open Water Impact Site Number (indicate on ma) Name of Waterbody (if applicable) ... Type of Impact Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) Area of Impact (acres) Total Open Water Impact (acres) Page 4 of 8 6. List the cumulative impact to all Waters of the U.S. resultinP from the proiect: Stream Impact (acres): 0.038 / Wetland Impact (acres): 0 Open Water Impact (acres): 0 Total Impact to Waters of the U.S. (acres) 0.038 Total Stream Impact (linear feet): 64 7. Isolated Waters Do any isolated waters exist on the property? ^ Yes ®No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): N/A Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Current land use in the vicinity of the pond: Size of watershed draining to pond: Expected pond surface area: VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. NCDOT's Best Mana ement Practices (BMP's) for the protection of Surface Waters and BMP's for Bridge Demolition Proposed Bride will span creek. (Also see attached cover letter) VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. Page 5 of 8 USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetlands/strmgide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. No mitigation proposed. 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount ofNon-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): Page 6 of 8 IX. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ® No ^ 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ® No ^ 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ® No ^ X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ^ No 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multinliers. Zone* Impact Multiplier Required (square feet) Mitigation I I 1 3 (2 for Catawba) I I 2 I l.s Total I I * Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 1 SA NCAC 2B .0242 or .0244, or .0260. No mitigation required. Page 7 of 8 XI. Stormwater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. Approximately the same as current conditions XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. N/A XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ^ No Is this an after-the-fact permit application? Yes ^ No XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ^ No If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: In kind replacement of existing bridge. XV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). ~~ _~ ~ Q Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 8 of 8 NORTH CAROLINA .: - _. ~} t •p ~ ' . Y I] ~~ ~ i` ,ti - e~ ~s }.~ ~~ ,~ ~S °__~--~ r`~( ~ ~~ .~ r~ ~ 2 ~ Y~~y I I t 321 ~~ ~ 68 ~ i i ~ 18 ~ :~~ gp ~ `- ~ ~ ~ . `~ ~ ~ ~ SITE ' LENOIR ti ~~ ea ; .~ 64 321 ~ ~ ~`~ ~ 321 ~ A ~ ~ ,~. ICKORY f _• l_ ~ `. .'- 0 1 2 3 4 5 10 Miles CITY OF LENOIR PROJECT: B-3933 VICINITY CALDWELL COUNTY REPLACE BRIDGE NO.75 MAP OVER BLAIRS FORK CREEK ON BROADWAY STREET SHEET 1 OF 7 JULY 200'7 (1 `-~ ~_,\ '~\`~ ,' ~.~ I . \ ;~~~ x.11 • . ti~ ' • `D f ' Y . .` ~ti'^,~-~ ~~ n ) ~ (.'t N %/ /•..... 11• C\ \ \ I: ~ FYI / • f • - --- ``'\~',~ •• + "''S ^r `lam ~ ` ~ I ~+•~ (• • ' j ~ i ` • r , ~ I h1'. . ~ ~ \ `'fit f '/ ~ ~J~ .~-- ~~ ~ I + ~ ~ s l / i; ~ tl ~,:1 i ~ i '' _ i tt ~t, °~~ '. V j j~ ~ ` ~ ~ ' O ~j .. i Ir t ~ ~,, .,. .. '\~ ' ~'~` ~~ '~/~"I. 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Z lq ~ C C U O- N m d ~ ~ ~ X L ~ ~ V W U a ~ c rna~Na~ C C U G :... C m m ~ y m o W . ~ w U ~ Q a W V w 0_ U U ~ ~ n m ~ ~ v U ~- C N N~ N U OD M pp M ~ ~ ~ n m c o Q °' E o ~ a ~ ~° = _ N ~ L ~ L m U CJ ~ ~ m ~ U a m ~ -~ `°'~ ~ m m U c6 _ _ N m U O ~' > N N > C ~ C U a c m o~ W j ~ U ~ m 2u~ m X J Z W C g ~ ~ "` w 3 m U ~ ~ m N F C C V1 "O C m m ~ _ > N a J C W Q ~ K ~ D ~ U N V m ~ ~ ~ m g r W O O h O ~ A ~~ ~ O t N ~ ~ J °~ o In Z NAMES AND ADDRESSES PARCEL NO. NAMES ADDRESSES 1 GARY CALVIN WOOTEN AND LYNN PORTER WOOTEN 1009 MIDLOTHIAN TPg RICHMOND VA 23235 2 P B REALTY, INC., A NORTH CAROLINA CORPORATION P.O. BOX 500 LENOIR, NC 2865 CITY ®F LEN®IId CALDWELL COUNTY PROJECT: B-3933 REPLACE BRIDGE N0.75 OVER BLAIRS FORg CREEg ON BROADWAY STREET City of Lenoir Caldwell County Bridge No. 75 on Broadway Street over Blairs Fork (Spainhour) Creek Federal Aid Project No. BRZ-1115(12) State Project No.8.2732901 WBS No. 33366.1.1 T.LP. No. B-3933 COPY CATEGORICAL EXCLUSION - ' UNITED STATES DEPARTMENT OF TRANSPORTATION FEDERAL HIGHWAY ADMINISTRATION AND NORTH CAROLINA DEPARTMENT OF TRANSPORTATION DNISION OF HIGHWAYS APPROVED: ;`l ~ :° D~TE ~~'~"'Ciregory J. Thorpe, PhD ~t~ Environmental Management Director, PDEA .Ia ~3 a~ ~ A //''' John F. Sullivan III, Division Adminis dTY Federal Highway Administration City of Lenoir Caldwell County Bridge No. 75 on Broadway Street over Blairs Fork (Spainhour) Creek Federal Aid Project No. BRZ-1115(12) State Project No.8.2732901 WBS No. 33366.1.1 T.I.P. No. B-3933 CATEGORICAL EXCLUSION December 2006 Documentation Prepared by: TGS Engineers 975 Walnut Street, Suite 141 Cary, NC 27511 ~« ~g 1y1~. i!'. si go '~ii > ~ s ~~:~" ® ~ ..,r .~ ~. ,,, 9s ~, ~ J. enneth Burleson, PE °r~'~^ "=e ~~l i'~ X09" ~~, ~~>" Head of Planning and Environmental Services ~~ t% ®•a~oea~~ ,,~,,~ ~z ~'~~t3e~„~E ~~.y~~_a.v. '.'f , /Z / O ~ ate Charles Beck, Public Works Director, City of Lenoir D e City of Lenoir Caldwell County Bridge No. 75 on Broadway Street over Blairs Fork (Spainhour) Creek Federal Aid Project No. BRZ-1115(12) State Project No.8.2732901 T.LP. No. B-3933 INTRODUCTION: The replacement of Bridge No. 75 in Caldwell County is included in the 2006-2012 North Carolina Department of Transportation (NCDOT) Transportation Improvement Program (TIP) and in the Highway Bridge Replacement Program (BRP). The location of this bridge is shown in Figure 1. On the basis of the planning and environmental studies, it was determined that this project will have a minimal effect upon the quality of both the human and natural environments. The proposed project along existing Broadway Street will cause no changes in route classification. Since no substantial environmental impacts are anticipated, the proj ect is classified as a Federal "Categorical Exclusion." I. PURPOSE AND NEED STATEMENT The North Carolina Department of Transportation (NCDOT) Bridge Maintenance Unit records indicate the existing Caldwell County Bridge No. 75 has a sufficiency rating of 20.6 compared to a possible 100. This bridge is considered structurally deficient due to a structural appraisal of 2 out of a possible 9 according to Federal Highway Administration Standards. The replacement of this inadequate structure will result in safer traffic operations. II. EXISTING CONDITIONS Caldwell County Bridge No. 75 is a one-span, 40.5-foot steel beam structure supported by a timber substructure. The structure has a 24-foot clear roadway width between curbs. There are_ no sidewalks present on the structure. The current posted weight limit on the structure is 18 tons for all vehicles. Broadway Street, is designated as an Urban Local Route in the NC Statewide Functional Classification System. The existing approaches to the structure have a 22-foot paved width. Broadway Street currently serves approximately 1600 vehicles per day (vpd) and is estimated to serve approximately 3000 vpd by the year 2025. The daily traffic volumes include approximately 2 percent dual-tired trucks (DTI) and 1 percent truck-tractor semi-trailers (TTST). The posted speed limit along Broadway Street in the vicinity of the project is 35 miles per hour. Two damage-only accidents have been reported in the vicinity of the subject crossing in the past three years. Three school buses cross Bridge No. 75 in the morning and again in the afternoon. The existing land use along Broadway Street is residential. Homes are located to the northwest and the northeast of the bridge. Numerous industries and businesses are located to the west of Bridge No. 75. The zoning within the area is regulated by the City of Lenoir. The area northeast of the bridge is zoned for R-6 (Multi Family Dwelling). The area southeast of the bridge iszoned I-1 (Light Industrial) and the area west of the bridge is zoned R-12 (Single Family Residence). Blairs Fork Creek is also mapped as Spainhour Creek and is part of the Catawba River Drainage Basin. At the crossing the creek carries a Class C best usage classification indicating suitability for aquatic life propagation and survival, fishing, wildlife, secondary recreation, and agriculture (NC-DENR). The creek channel ranges in width from 10 feet to 30 feet wide. There are currently no utilities attached to the existing structure. Power lines are overhead along the west side of Broadway Street. At the subject crossing, Blairs Fork (Spainhour Creek) has a drainage area of approximately 8.4 square miles. The creek is in a FEMA Flood Hazard Zone and in a detailed FEMA Flood Insurance study. The flood study indicates a peak discharge of approximately 4980 cubic feet per second at an elevation of 1098.0 feet for the 100-year flood at the subject crossing. III. ALTERNATIVES- . A. Project Description The recommended replacement structure consists of a bridge 55 feet long and 36 feet wide. The replacement structure will be a one span prestressed concrete cored slab deck on concrete abutments. A minimum of 1 foot of freeboard above the 50-year flood elevation should be provided. This structure will provide two lanes with a clear roadway width of 33 feet. The recommended bridge length is based on a preliminary hydraulic analysis. The final design of the bridge will be such that the backwater elevation will not encroach beyond the current 100-year flood plain limits. The length of the new structure may be increased or decreased as necessary to accommodate peak flows as determined by further hydrologic studies. B. Reasonable and Feasible Alternatives Two alternatives considered for replacing Caldwell County Bridge No. 75. are described below. 2 Alternative 1 involves replacement of the structure in its existing location with a temporary on-site detour. A detour to the east presents a conflict with a residential driveway located just southeast of the structure. A detour to the west of the structure would improve horizontal roadway alignment. However, it would increase the impacts on the home at the northwest corner of the structure and would likely get into a monitoring well on the northwest corner. This alternative was rejected due to the added cost of construction for the detour structure. Alternative 2 (Preferred) involves replacement of the structure in its existing location using anoff-site detour to maintain traffic. No change in the roadway grade of the new structure is anticipated. Roadway improvements will be needed for approximately 150 feet north and -150 feet south of the existing bridge. Although a 40 mph design speed is desirable, the obtainable design speed is 25 mph which is consistent with the remainder of the route. The recommended detour route follows Broadway Street, German Street, Meadowlane Drive, and Creekway Drive. This detour is approximately one mile long. The culvert on Meadowlane Drive is not posted. C. Alternatives Eli~[ninated from Further Study The "do-nothing" or no-build alternative would eventually necessitate closure of the bridge due to the .deteriorated condition. Closure of this bridge is not desirable as Broadway Street provides access to many residences. "Rehabilitation" of the old bridge is not feasible due to its age and deteriorated condition. D. Preferred Alternative Both alternatives considered for this project replace the crossing at the existing location. The recommended alternative for the proposed project is Alternate 2, replacing the structure in its existing location and providing anoff--site detour to maintain traffic (see Figure 2). This alternative was chosen because it is the least costly, has the least affect upon the human and natural environment, and maintains traffic during the construction process. Caldwell County EMS and Caldwell County Schools have indicated the proposed off-site detour is acceptable. IV. ESTIMATED COSTS The estimated costs for the two alternatives, based on 2006 prices, are as follows: Alternative 1 Alternative 2 (Preferred) Structure $193,000 $193,000 Roadway Approaches 138,000 138,000 Detour Structure and Approaches 205,000 N/A Structure Removal 33,000 15,000 Misc. & Mob. _ 35,000 35,000 Eng. & Contingencies (15%) 88,000 57,000 Total Con~tr'nctto~ Cost- s?'" 4: ~ti$b ,000 $438,000 Right-of-way Costs ~ 10,000 5,000 Total" ~ 4.]~~~a~t ~~ ,.~ p. ..~'~ ${ 0000 t k $43,000` V. NATURAL RESOURCES A. Methodology ESI (Environmental Services, Inc.) has conducted a jurisdictional wetland delineation and a N.C. Natural Heritage Program (NHP) records review for the proposed replacement of Caldwell County Bridge No. 75 on Broadway Street over Blairs Fork (Spainhour) Creek, located in the City of Lenoir, North Carolina. The project study area is centered on Blairs Fork Creek (also mapped as Spainhour Creek). The area was delineated based on a approximately 200-foot by 600-foot project study area (100 feet upstream and downstream and 300 feet north and south of the bridge). The project study area was reviewed on April 21, 2005 by an ESI biologist. Prior to the initiation of field efforts, available resources were reviewed, including the appropriate U.S. Geological Survey (IJSGS) 7.5-minute topographic quadrangles [Lenoir, NC (1993)], and the Natural Resource Conservation Service (NRCS) soil mapping (Caldwell County). On June 27, 2005 ESI conducted anNHP record review for the project study area to determine if any state or federally listed threatened or endangered species were documented in or within 3.0 miles of the project study area. 4 B. Physiography and soils Soils within the project study area did not exhibit hydric characteristics. (Mansell color 2.SYR 4/4). Vegetation across the project study area varied in composition, ranging from maintained residential yards and maintained roadside rights-of--way to mature hardwood forest. Overall, vegetation was not strongly hydrophytic in nature. C. Water Resources 1. Waters Impacted The study corridor is located within sub-basin 03-08-31 within the Catawba River Basin (DWQ 199'n. This area is part of USGS Hydrologic Unit 03050101. The bridge targeted for replacement spans Blairs Fork (Spainhour) Creek with no direct involvement of additional streams or tributaries. This section of Blairs Fork (Spainhour) Creek has been assigned Stream Index Number 11-39-3 by DWQ (1999). 2. Stream Characteristics The - stream ~ channel is an incised, bed-arid-bank system with no attached flood plain or adjacent wetland systems. The channel ranges in width from 10 to 30 feet. Bank heights range from 6 to 8 feet. Both banks of Blairs Fork (Spainhour) Creek are failing downstream of the bridge. During evaluation, the channel exhibits moderate, clear flow. The channel bottom consisted of unconsolidated sands with scattered gravel. 3. Anticipated Impacts Classifications are assigned to waters of the State ofNorth Carolina based on the existing or contemplated best usage of various streams or segments of streams in the basin. A best usage classification of C has been assigned to Blairs Fork (Spainhour) Creek (DWQ 1999). The designation C denotes that appropriate uses include aquatic life propagation and survival, fishing, wildlife, secondary recreation, and agriculture. Secondary recreation refers to human body contact with waters on an infrequent or incidental basis. No High Quality Waters (HQW), Outstanding Resource Waters (ORW), WS-I or WS-II waters are present withing 1.0 mile upstream or downstream of the project study area. The project study area is located within the Catawba River Drainage Basin. The Catawba Riparian Buffer Rules (Buffer Rules) apply to a 50-foot wide 5 riparian buffer directly adjacent to the main stem of the Catawba River, downstream from Lake James. The buffer Rules do not apply to Blairs Fork (Spainhour) Creek. The DW Q (previously known as the Division of Environmental Management, Water Quality Section ~DEM~) has initiated awhole-basin approach to water quality management for the 17 river basins within the state. Water quality for the proposed study corridor is summarized in the Catawba River Basinwide Water Quality Management Plan (DWQ 1997). Blahs Fork (Spainhour) Creek has a biological rating of Pair. The Biological Rating is based on macro-invertebrate sampling in the system. Blahs Fork (Spainhour) Creek is rated as Impaired. D. Biotic Resources The living systems described in the following sections include communities of associated plants and animals in the project study area. Scientific nomenclature and common names (when applicable) are used for the plant and animal species described. Terrestrial and aquatic wildlife were determined through field observation, evaluations of habitat, and review of field guides and other documentation. 1. Plant Communities Distribution and composition of plant communities throughout the project study area reflect landscape-level variations in topography, soils, hydrology, and past or present land use practices. Development and other disturbances have resulted in the present vegetative patterns. Three community types were identified within the proj ect study area: Maintained/Disturbed, Mesic Mixed Hardwood Forest, and Piedmont Levee Forest. Maintained/Disturbed Lands include those areas dominated by anthropogenic forces. Within the project study area, these areas include maintained sewer line easements and roadside rights-of--way, as well as residential yards. Ornamental tree and shrub species are present within the residential yards. Vegetation within the existing right-of way consists of various grasses and shrubs. As elevations increase in wooded areas of the northeast and southeast quadrants, with increased distance from the bridge, canopy species include white oak (Quercus alba), northern red oak (Quercus rubra var. borealis), red cedar (Juniperus virginiana), pignut hickory (Carya glabra), beech (Fagusgrandifolia),aad short-leafpine (Pinus echinata). Subcanopy species include flowering dogwood (Corpus florida), American holly (Ilex opaca), 6 and saplings of canopy species. A diverse assortment of vines includes poison ivy, trumpet creeper (Campsis radicans), Japanese honeysuckle, and greenbrier (Smilax glauca). Mesic Mixed Hardwood Forest includes the forested areas located east of the existing road. Vegetation within this community includes mature northern red oak (Quercus rubra) and American beech (Fagus grandfolia), with scattered tulip poplar (Lirodendron tulipifera), iron wood (Carpinus caroliniana), sassafras (Sassafras albidum), and box elder (Ater negundo). Understory vegetation ranged in density from thick to absent, and was comprised ofwild ginger (Hexastylis arifolia), Solomon's seal (Polygonatum pubescens), Christmas fern (Polystichum acrostichoides), and dog hobble (Leucothoe axillaris). Piedmont Levee Forest includes the area located within the abandoned flood plain/levee associated with Spainhour Creek southeast of the bridge. This community is in degraded condition. Vegetation within this community includes river birch (Betula nigra), box elder, American sycamore (Platanus occidental is), and green ash (Fraxinus americana). Midstory vegetation was generally thick, with sapling sized specimens of overstory species as well as areas of Chinese privet (Ligustrum sinense) and multi-flora rose (Rosa multiflora).- Understory vegetation consisted of wingstem (Verbesina alternifolia) and poison ivy (Toxicodendron radicans). 2. Wildlife The project-study area is located within a generally urban area; however, large forested areas are present within the project vicinity. However, due to the close proximity of Broadway Street and residential areas, there is little habitat present within the project study area for forest interior species. No mammal sightings were documented within the proj ect study area during the field review. Species expected to utilize habitat within the project study area are the conspicuous larger and medium-sized species that have wide habitat tolerances and commonly occur in anthropogenic landscapes, such as gray fox (Urocyon cinereoargenteus), eastern cottontail (Sylvilagus floridanus), raccoon (Procyon lotor), gray squirrel (Sciurus carolinensis), and Virginia opossum (Didelphis virginiana). Smaller mammals expected to utilize habitat within the project study area include insectivores such as southeastern shrew (Sorex longirostris) and least shrew (Cryptotis parva). 7 Bird species documented in the project study area are typical of maintained and disturbed areas of North Carolina. Bird species observed within the project study area include red-shouldered hawk (Buteo lineatus), tufted titmouse (Baeolophus bicolor), Carolina chickadee (Poecile carolinensis), American robin (Turdus migratorius), and song sparrow (Melospiza melodia). Other bird species expected to occur within the project study area include disturbance-adapted species such as mourning dove (Zenaida macroura), blue jay (Cyanocitta cristata), and northern cardinal (Cardinalis cardinalis). No terrestrial reptiles were observed within the project study area. Common reptiles expected to occur within the project study area include species occurring in disturbed habitats, such as eastern box turtle (Terrapene carolina) and black racer (Coluber constrictor). Common terrestrial or arboreal amphibians expected to occur within the project study area include green frog (Rana clamitans), American toad (Bufo americanus), and spring peeper (Hyla cruder). Spainhour Creek is not expected to support a diverse fish community. No fish species were observed during the field investigation. No .fisheries sampling information is available for Spainhour Creek. Expected species within Spainhour Creek include bluegill (Lepomis macrochirus) and pumpkinseed (Lepomis gibbosus). E. Special Topics 1. Waters of the United States Surface waters and wetlands fall under the broad category of "Waters of the United States" as defined in Section 33 of the Code of Federal Register (CFR) Part 328.3. Wetlands, defined in 33 CFR 328.3, are those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and under normal circumstances do support, a prevalence of vegetation typically adapted to life in saturated conditions. Any action that proposes to place fill into these areas falls under the jurisdiction of the U.S. Army Corps of Engineers (LJSACE) under Section 404 of the Clean Water Act (33 U.S.C. 1344). 2. Surface Waters The NCDWQ defines a perennial stream as a clearly defined channel that contains water for the majority of the year. These channels usually have 8 some or all of the following characteristics: distinctive stream bed and bank, aquatic life, and groundwater flow or discharge (NCDWQ, 1998). Blairs Fork (Spainhour) Creek is a perennial stream system. 3. Jurisdictional Wetlands and Streams The project study area was reviewed to determine the presence or absence of jurisdictional wetland areas usingthethree-parameter approach (hydric soils, hydrophytic vegetation, and evidence of jurisdictional hydrology) as outlined by the U.S. Army Corps Of Engineers (USACE). Jurisdictional surface waters (streams) were identified using N.C. Division of Water Quality (DWQ) and USACE standards. Based on this approach, the project study area contains no jurisdictional wetlands system and one jurisdictional stream channel. The jurisdictional stream channel flows in a southwest direction through the project study azea towards its confluence with Lower Creek. A review of active NPDES permits (review date July 1, 2005) indicates no permitted discharges are located on Blairs Fork (Spainhour) Creek. The stream was delineated and located.with GPS equipment meeting NCDOT specifications for jurisdictional mapping. The bridge demolition activities associated with this replacement will strictly follow NCDOT's Best Management Practices for Bridge Demolition and Removal (BMPs-BDR). 4. Permit Requirements While the U.S. Environmental Protection Agency (LJSEPA) is the principal administrative agency of the Clean Water Act, the U.S. Army Corps Of Engineers (USACE) has the responsibility for implementation, permitting, and enforcement of the provisions of the Act. The USACE regulatory program is defined in 33 CFR 320-330. Permits will be required for highway encroachment into jurisdictional wetland communities and surface waters. The Section 404 Nationwide Permit 23 for approved Categorical Exclusions is expected to be applicable for all impacts to "Waters of the United States" resulting from the proposed project. In addition, a Section 401 General Water Quality Certification (WQC #2745) is also required for any activity which may result in a discharge into "Waters of the United States" or for which an issuance of a federal permit or license 9 is issued. If foundation test borings are necessary, a General 401 Certification Number 3027/Nationwide Permit No. 6 will be required. Certifications are administered through the Department of Environment and Natural Resources (NCDENR), Division of Water Quality. A no-rise certification will be required as the structure crosses a FEMA regulated stream. The existing structure is predicted to overtop during a 100 year storm. 5. 1Vlitigation Since there are no wetlands in the proj ect area, wetland mitigation will not be required by the USACE. Mitigation for impacts to surface waters of less than 150 feet is generally not required by the USACE or NCDWQ. A final determination regarding mitigation requirements rests with the USACE and NCDWQ. The Jurisdictional Areas Map, soils map, Routine Wetland Data Forms, and site photographs were reviewed. by the USACE to determine if a site review would be necessary to confirm the delineation effort. The USACE verified the delineation effort on July 28, 2005. The bridge demolition activities associated with this replacement will strictly follow NCDOT's Best Management Practices for Bridge Demolition and Removal (BMPs-BDR). Assuming the worst-case scenario that all spans over water are potential discharge, removal of the existing bridge span could potentially drop a maximum of 72 cubic yards of fill into the creek. The proposed project falls under Case 3 of the BMPs-BDR. There are no special restrictions on bridge demolition activities associated with this project beyond those outlined in BMPs-PSW and BMPs-BDR F. Protected Species Some populations of plants and animals have been or are in the process of decline either due to natural forces or due to their inability to coexist with man. Rare and protected species listed for Caldwell County, and any likely impacts to these species as a result of the proposed project construction, are discussed in the following sections. 1. Federal (Threatened, Endangered) Plants and animals with federal classification of Endangered (E), Threatened (T), Proposed Endangered (PE) and Proposed Threatened (PT) are protected 10 under provisions of Section 7 and Section 9 of the Endangered Species Act of 1973, as amended. The United States Fish and Wildlife Service list five federally protected species for Caldwell County as of April 27, 2006. These species are listed in the following table. FEDERALLY-PROTECTED SPECIES CALDWELL COUNTY Scientific Name (Common Name) Status Microhexura monitvaga Spruce-fir moss spider Endangered Corynorhinus townsendii virginianus Virginia big-eared bat Endangered Clemmys muhlenbergii - Bog turtle Threatened (S/A) Liatris helleri Heller's blazing star Threatened Hexastylis naniflora Dwarf-flowered heartleaf Threatened NOTES: Threatened (a species that is likely to become endangered within the foreseeable future throughout all or a significant portion of its range). Endangered (a species that is in danger of extinction throughout all or a significant portion of its range). Species: Microhexura monitvaga (Spruce-fir moss spider) The spruce-fir moss spider is a small spider known only from Fraser fir and red spruce forest communities of the highest elevations of the southern Appalachian Mountains in western North Carolina and eastern Tennessee. The typical habitat of this spider is found in damp, but well drained, moss mats growing on rock outcrops and boulders in well shaded situations within these forests. High elevation habitats are not present in the lower elevations of the project study area. Potentially suitable habitat for this species is not present within the project study area. NHP records do not record any known occurrences of this species within 3.0 miles of the project study area. BIOLOGICAL CONCLUSION: NO EFFECT 11 Species: Corynorhinus townsendii virginianus (Virginia big-eared bat) The Virginia big-eared bats are so rare, little is known about their biology. However, much is known about the species in other parts of its range. In parts of its range, this species occupies buildings in summer. In the eastern U.S., with rare exception, it has been reported only from caves during summer and winter. Virginia big-eared bats hibernate in caves (sometimes mines) where the temperature is 54 degrees F or less but generally above freezing. Cave hibernation sites are often near entrances in well-ventilated areas. If temperatures near entrances become too extreme, they move to more thermally stable parts of the cave. They hibernate in tight clusters of a few to a hundred or more individuals. During hibernation, the long ears may be erect or coiled. Solitary bats sometimes hang by only one foot. Virginia big-eared bat maternity colonies aze usually located in relatively warm parts of caves. During the maternity period, males are apparently solitary. Where most males spend the summer is unknown. NHP records do not indicate any documented occurrences of this species within 3.0 miles of the prof ect study area. Potentially suitable habitat for this species, consisting of caves or mine entrances, is not present within the project study area. BIOLOGICAL CONCLUSION: NO EFFECT Species: Clemmys muhlenbergii (Bog turtle) The bog turtle is a small turtle reaching an adult size of approximately 3 to 4 inches. This otherwisedarkly-colored species is readily identifiable by the presence of a bright yellow, orange or red blotch on each side of the head. The bog turtle is typically found in bogs, marshes, and wet pastures, usually in association with aquatic or semi-aquatic vegetation and small, shallow streams over soft bottoms. The bog turtle has declined drastically within the northern portion of its range due to over-collection and habitat alteration. As a result, the USFWS listed the bog turtle as threatened within the northern portion of its range, and within. the southern portion of its range, which includes North Carolina, the bog turtle is listed as Threatened due to Similarity of Appearance [T(S/A)] to the northern population. The listing allows incidental take of bog turtles in the southern population resulting from otherwise lawful activity. T(S/A) species are not subject to Section 7 consultation and a biological conclusion is not required. Field surveys for the bog turtle are not typically requested by the USFWS in North Carolina as a permit requirement since the species is listed as T(S/A). 12 NHP records do not indicate any documented occurrences of this species within 3.0 miles of the prof ect study area. Potentially suitable habitat for this species, consisting of bog areas, is not present within the project study area. BIOLOGICAL CONCLUSION: NO EFFECT Species: Liatris helleri (Heller's blazing star) Heller's blazing star is distinguished by its spike of lavender flowers on one or more erect stems (max.16 inches) arising from a tuft of narrow pale green basal leaves. Habitat for this species includes high elevation ledges of rock outcrops and cliffs in shallow acid soils with exposure to full sun. High elevation habitats are not present in the lower elevations of the project study area. Potentially suitable habitat for this species is not present within the project study area. NHP records do not record any known occurrences of this species within 3.0 mils of the project study area. BIOLOGICAL CONCLUSION: NO EFFECT Species: Hexastylisnaniflora~(dwarfflowered~heartleaf) Dwarf-flowered hearkleaf has the smallest flower of any North American member of this genus. Habitat for this species includes acidic sandy loam soils along bluffs and nearby slopes with a generally northern aspect, hillsides and ravines, and in boggy areas adjacent to creekbeds and streams. This species needs abundant sunlight in early spring for maximum flowering and seed production. NHP records indicate that a known occurrence of the species is approximately 2.0 miles northwest of the project study area. The project study area contains several slopes with mature forest that may be considered potentially suitable habitat for this species. Visual surveys were conducted by an ESI biologist familiar with this species within the forested areas to determine the presence of any member of the genus Hexastylis. Scatteredindividuals ofarrow-leaf (Hexastylis arifolia) were noted. Arrow- leaf has a distinctive leaf shape which is clearly distinguishable from the dwarf-flowered heartleaf. No other individual of Hexastylis were noted within the project study area. Based on finding no dwarf-flowered heartleaf individuals or any other unidentified Hexastylis within the proj ect study area with leaf shapes similar in appearance to dwarf-flowered heartleaf, this species is presumed to not be present within the project study area. 13 BIOLOGICAL CONCLUSION: NO EFFECT Z. Federal (Species of Concern) The USFWS indicates seventeen (17) Federal Species of Concern (FSC) have ranges known to extend into Caldwell County. FSC species receive no protection under the Endangered Species Act of 1973, as amended, unless officially proposed for listing as Endangered or Threatened. NHP records do not indicate the presence of any known occurrence of any Federal Species of Concern within 3.0 miles of the project study area. VL CULTURAL RESOURCES A. Compliance Guidelines This project is subject to compliance with Section 106 of the National Historic Preservation Act of 1966, as amended, and implemented by the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106, codified at 36 CFR Part 800. Section 106 requires Federal agencies to take into account the effect of their undertakings (federally funded, licensed, or permitted) on properties included in or eligible for inclusion in the National Register of Historic Places and to afford the Advisory Council a reasonable opporhznity to comment on such undertakings. B. Historic Architecture The existing steel and timber structure was constructed in 1970. In a letter dated August 9, 2005, the North Carolina Department of Cultural Resources State Historical Preservation Office (HPO), stated that they had determined that the proposed project will not affect any historic structures. C. Arc~aeoiogy After reviewing the project, the State Historic Preservation Officer (SHPO) stated in a letter dated August 9, 2005 that they are aware of no properties of archaeological significance with the project area. VII. ENVIRONMENTAL EFFECTS The project is expected to have an overall positive impact. Replacement of the inadequate bridge will result in safer traffic.operations. The project is considered to be a Federal "Categorical Exclusion" due to its limited scope and lack of substantial environmental consequences. 14 The bridge replacement will not have an adverse effect on the quality of the human or natural environment with the use of the current North Carolina Department of Transportation standards and specifications. The project is not in conflict with any plan, existing land use, or zoning regulation. No change in land use is expected to result from the construction of the project. No apparent environmental impacts from Underground Storage Tank (UST) Facilities were identified within the project area. The Geographical Information Service (GIS) shows that no apparent regulated or unregulated landfills or dumpsites occur withing the project limits. Based on the GIS search and field reconnaissance, no apparent RCRA or CERCLA sites were identified within the project limits. No adverse impact on families or communities is anticipated. Right-of--way acquisition will be limited. No relocatees are expected with implementation of the proposed alternative. The Farmland Protection Policy Act requires all federal agencies or their representatives to consider the potential impact to prime farmland of all land acquisition and construction projects. There are no soils classified as prime, unique, or having state or local importance in the areas being utilized by the project. Therefore, the project will not involve the direct conversion of farmland acreage within these classifications. The project will not have a disproportionately high and adverse human health and environmental effect on any minority or low-income population. The project is located in Caldwell County, which has been determined to be in compliance with the National Ambient Air Quality Standards. 40 CFR 51 is not applicable, because the proposed project is located in an attainment area. This project is not anticipated to create any adverse effects on the air quality of this attainment area. This project is an air quality "neutral" project, so it is not required to be included in the regional emissions analysis and a project level CO analysis is not required. The project does not involve any known Section 4(f) properties. There are nopublicly-owned parks, recreational facilities, or wildlife and waterfowl refuges of National, State, or local significance in the vicinity of the project. On the basis of the above discussion, it is concluded that no substantial adverse environmental impacts will result from implementation of this project. VIII. AREAS OF CONTROVERSY There are no areas of controversy present with the implementation of the project. 15 IX. AGENCY COMIVVIENTS United States Department of the Interior -Fish and Wildlife Service Comment: To Comply with the MBTA (Migratory Bird Treaty Act) we recommend conducting a visual inspection of the bridge and any other migratory bird nesting habitat within the project area during the migratory bird nesting season -- March through September. Response: The field investigation was conducted in April which is within the migratory nesting season and no evidence of any migratory bird habitats was present within the project area. Comment: The bog turtle (Clemmys muhlenbergii) occurs in Caldwell County. We encourage the NCDOT to assess habitat for the bog turtle. Response: . Afield investigation was conducted on Apri121, 2005 by Environmental Services, Inc. and no habitat for the bog turtle was observed. Comment: Our records for Caldwell County indicate occurrences of the federally threatened dwarf- flowered heartleaf (Hexastylis naniflora) near the project area. We recommend conducting habitat assessments and surveying any suitable habitat in the project area for this species during its flowering period of March through May. Response: The field investigation was conducted in April which is within the flowing period of March thru May for the flowered heartleaf. The environmental consultant found no evidence of this species within the project area. 16 ~~ ~,.~_ ~ w_ r ~ ~~ ~'. .!8y h Ste. ..r?; ~~J c ~ ~~1 i ~'~.. _ _.._ _. ir, . ~ .. r$ tr - ~ . ~+~~ ~~~- f ~' ~ ~ s`~r^.~'x.~ l L. ~ ~ t' ~ ~ ti'~~ :~ 'gy'm; t ~~ ~. ~ Bridge No. 75 `~ ~,~' ~° ~ ~ ' ~~ ,~S s. r r ~ 1 '' ~ r''~ fi 1 ~ tx1 - r .~~, f r ~ 'Cs ~ - , 7 ~,~ ~a ~ ; ~S : ` ~ '~'ti ~"' #-~`~: apt , U~ _ ~...~ ~ ~~ ~ ~~~ ~ APPROXIMATE SCALE 0 1500 FEET LEGEND PROPOSED DETOUR ROUTE CITY OF LENOIR Caldwell County Bridge No. 75 on Broadway Street over Blairs Fork (Spainl~our) Creek TIP No. B-3933 Figure 1 I ~~ 1 1 I ~~ ~~ ~ / ~~ ~~` ~~~ S~~'9 ~~~as ~~~~~~~. ~ ' i ~~ ~~ ~ ~I g I ° _ x ~, ~ ~ m -° i ,. 0 W ~ H ~ ~ C1 ~ o v-n~m00~~ ~ ~ /~ d o n o m~ 0 A ~ ~ ~\ /S W N ~ Z r ~ \ \ °~9' b ~ W O °C ~ O Z \ W T N V C 0 I // W O N N Z- `/AL{t \ \ ~~ T ~ \ m \ C N \ B-3933 CALDWELL COUNTY BRIDGE N0.75 ON BROADWAY STREET OVER BLAIRS FORKCREEK (SPAINHOUR CREED RESIDENCE AND DRIVEWAY AT SOUTHEAST QUADRANT SOUTH APPROACH ~,(Tratl~TZ~Tr NOI:TH N®RTH APPROACH LOOKING SOUTH FIGURE 3 ~T - "a:: _ - - '.i ;-. - ~ ~:• -~ North Carolina Department of Ciilfii~al"Resozrces.~~~~~~...:: .. - -:• - State Historic Preservation~Office-- ~- '""'•' - ~ ' :-,. _ • PetecB.Sandbed:;Administrator-; ~ - ~:-i•';"' )tiIiehaelF. Easley, Governor ~ - - - _ -" ~'~ Office,bf chives-undFFistory"- Lisbeth GEvans, Secretary - - = I-`,-... ~ .. ~ . ~" ; ~.: Divisipn of Historical Resources Jef&ep J. Crow, Deputy Secretai9 - • - - _ ~ - - . :David Brook, Director : . August 9, 2005 - ~ - ~. -: - ... .. ~ . - :.: . J. Kenneth Burleson - - .' - .. `-: =;`-- . • - . - - : ` - - :r.,. TGS Engineers - . ~ ~ ; "; ,~- :. ~- _ , . . 975 Walnut Street, Suite 141 - - - - - -Y? ~~~~~"~~ .`.~•' .: . Cary, NC 27511 - •. - - ... - _.. .. ~ .. _-. •Re: Bridge 75 on Broadway over Spainhour Creek,- B-3933,-Caldwell Countp;~ER:05-1359,- . •. ~ ' : - . ~ -- ~ . . Dent Mr. Burleson: - ~ ~ - .. _ - ' - - ' . - " . - Thank you-for your letter of June 16; 2005 conceming.the above project . -~~~ ~ • - - - • - ' ' - .. ~ - There are no recorded archaeological sites within the prop,7sec1 project-afea~-'~f the replacement is to be~located~ ~~ :: . ~ -• y~: . along the existing alignment and there is no onsite detour, it is "unlikely that~sigiiificant"archaeological resources.wiIl•:: "- -- beaffected and i}o i>aves tton is recommended:: If; however, th~e'r~placemeiit is to be in a Rew location, or an ~ _.- :-~ • ' - ~:.::. oi~site detour is proposed, ~ archaeological survey-bp.an e$p-erienced'atchaeologist ~is~recoi~nniended to identi[y-,.:: - •-` - .and evaluate the significance of archaeological remains that:may" be.daniageti:gr destroyed lip the proposed project:.::.°;:. Potential effects on unknown resources must be assessed prior to,-the initiation of csristl:uction activities: ~ :':' == _:~. "-.:::° •. •` ' We have determined that the project as proposed will not affect, any histbri~ strlictures.'..~ -.;:.: - ~ ~ - - - " The above comments are made pursuant to Section 106 of 'the Natiolial~Historic Preservatio'n-Act and the ~'~ ~-: - . - -- : -.:' ~ - .Advisory Council on Historic Prese_rvation's Regulations for Complialice with~Section lb6 codified at 36 CFR Part- - ~ ~ - • 800. - - ~ - ~~ - - - - ~ - - .. . Thallk you fox your cooperatio» and consideration. If you have questions cotlcerning.the~ above comment,: contact - - - Renee Gledhill-Earley, environmental review coordinator, at 919/733-4763: Iri all future cori3inusucation : -•~ - concerning this project,• please cite the above referenced tracking nurnber..~;~ ~::: ~:. -_'. ~'": ~•~ _-.-..'`_:: ; . - :.-~ :: - ` :. ~ ~ , ~ .. . Sincerely, ~ ~ - - . - - .. : - : - ~ - - -. eter Sandbeck - ~ - • . ~ .. ;~,: - ~: ~ - - ~ .. - c:.- ..Matt"Wilkerso NCDOT ~ - "- ~~ _ -~ ~-~ - ~ ~ _ ~ - ; ~~`? ;`~ - ~.`~ - ".. .Maiy.PopeFurr;NCDO'I'.- :: -- - - ~ .. _'.<;~_.- .. " - _ ~Tw_~=- . - ~ .f : ~ . .. .._ .. - .,. .. ...: - .. -. ~-- .. • . --•`~- ~ • - .. - ADMINISTRATION RESTORATION SURPSY & PLANNING Location - . 507 N. Blovnt Steel Raleigh NC 515 N. Blount Sleet, Raleigh NC 515 N. Blount Sleet, Raleigh, NC Mailing Address- ~ ~ Telephone/Fax 467 Mail Service Cmtcr, Raleigh NC 27699-4617: ~ - (91733-4763/733-8653 - - .-. - 4617 Mal Service Cmta ,Raleigh NC 27699-4617 ~ ~ ~~' ~ - , (91 X733-6547/715-4801 ' 46]7 Mal Secvicc Center, Raleigh NC 27699-4G17.-~. ~- ~ (91733-6545/715-4801 CALDWELL COUNTY SCHOOLS TRANSPORTATION DEPARTMENT 113 Tremont Park Drive Lenoir, NC 28645-6470 • _-._-.__.-__.__._.....__ .. _._.___.. 828-754-8041 Fax: 828-758-7902 email: apenninQtonna,caakl2.nc.us _ Amanda Pennington, TIMS June 28, 2005 Mr. Steven Taynton . School Planning Department of Public Instruction 6319 Mail Service Center Raleigh, NC 27699-6319 Dear Mr. Taynton: I received your~letter regazding Caldwell County Bridge no. 75 on Broadway Street over Spainhour Creek in the city of Lenoir.- We currently have three school buses which cross this bridge daily. They each.cross in the morning and afternoon.- We would~be able to re-route the buses when the bridge is being replaced. Thank you. Sincerely, Arran a Pennington TIMS Coordinator Caldwell County Schools ~~,ENT OF T ti QPQ'. '~ F O Za v1 4 F ~ a 4~4HC -,$p9 H3 United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Field Office 160 Zillicoa Street Asheville, North Carolina 28801 May 5, 2006 Ms. Stephanie Higdon TGS Engineers . 145 West Parker Road Morganton, North Carolina 28655 Dear Ms. Higdon: Subject: Bridge Replacement No. 75 on Broadway Street over Spainhour Creek in the City of Lenoir, Caldwell County, North-Carolina (TIP No. B-3933) We have~reviewed the subject bridge replacement-project and are providing the following comments in accordance witli~tlie,Fish and~•Wildlife'CoordinationAot as amended (16 U.S.C. 661-667e); the Migratory Bird~rreaty~Act (16 U:S:C: 703, •et seq:)'-(MBTA); and. section 7 of the-Endangered Species Act-of~I.973; as amended (1:6~U.S:C. 1531~1543)(Act):~- : •• • .~ - ~ .. - Fish and "Wildlife Resources -The information provided for. this prof ect -does not include a detailed description of the structure that will replace the existing bridge; therefore, our comments are general. We will provide more substantive. comments when the categorical exclusion is prepared. In all cases we recommend that an existing bridge be replaced with a new bridge, and we request that the National Environmental Policy Act (NEPA) document for this project consider r_eplac~ng the exisung bridge with new bridge as an alternative. If an alternative is chosen that does not replace an existing bridge with a new bridge, such as an alternative that igvolves the replacement of an existing bridge with a culvert, we request that the NEPA document include an evaluation as to why an alternative of replacing an existing bridge with a new bridge was not chosen.- We recommend that the new bridge design include provisions for the roadbed and deck drainage to flow through a vegetated buffer prior to reaching the affected stream. This buffer should be large enough to alleviate any potential effects from the runoff of stormwater and pollutants. The bridge design should not alter the natural stream or the stream-bank morphology or impede fish passage. Any piers or bents should be placed outside the -bank-full width of the stream. The bridge and approaches should be designed to avoid any fill that will result in the damming or constriction of the channel or floodplain:..ff~spanning the floodplain is nofi feasible, culverts should be installed in the floodplain portion ofthe`approaches in.order to restore-some of-the hydrological functions of the floodplain and reduce high velocities of floodwaters ~withiri the°affected areas. ' . Measures to control erosion and sedimentation should be in place prior to any ground-disturbing activities. Wet concrete should never be allowed to come into contact with a stream. In most cases we prefer that a bridge be replaced in place by constructing the new bridge through staged construction or by detouring traffic to existing off-site routes. When reseeding/revegetating disturbed areas, we strongly recommend. that only native plant species be used or, if an adequate seed source cannot be found, that noninvasive species (such as annual rye) be used until native plants can reestablish themselves. While many of the exotic plant species typically used in erosion-control and reclamation efforts have proven beneficial to some wildlife species, we now know that the invasive nature of these species outweighs any short-term erosion-control or wildlife benefits they may provide. Exotic species, including tall fescue (native to Eurasia), Korean and Sericea lespedeza (eastern Asia species), redtop (a Eurasian species), Sudan grass and Bermuda grass (native to Africa), and Kentucky bluegrass (native to Eurasia and northern Canada); choke out native vegetation and often result in monocultures that prove to be of little benefit to wildlife and can be very detrimental to the ecosystem as a whole. Migratory Birds -The MBTA (16 U.S.C. 703-712) prohibits the taking, killing, possession, transportation, and importation of migratory birds (including the bald eagle), their eggs, parts, and nests, except when specifically authorized by the Department of the Interior. To avoid impacts to migratory birds, we recommend conducting a visual inspection of the bridge and any other migratory bird nesting habitat within the project area during the migratory bird nesting season--March through September. Ifmigratory birds are discoverednesting in the project impact area, including on the existing bridge, the North Carolina Department of Transportation (NCDOT) should avoid impacting the nests. during the migratory bird nesting season. (March through September). If birds. are discovered nesting on the bridge during years prior to the proposed construction date, the NCDOT, in consultation with us, should .develop measures to discourage birds from establishing nests on the bridge by means that will not result in the take of the birds or eggs, or the NCDOT should avoid construction and demolition activities during the nesting period. Federally Listed Species -The bog turtle (Clemmys mulilenbergia~ occurs in Caldwell County. We encourage the NCDOT to assess habitat for the bog turtle. If impacts are anticipated, the NCDOT should avoid those impacts and contact the North Carolina Wildlife Resources Commission, who participates actively in s'rveys and conservation efforts for the bog turtle. While the bog turtle technically does not require section 7 consultation, it is a species of concern, and the NCDOT is actively managing mitigation sites or parts of sites for this species. Our records for Caldwell County also:indicate occurrences of the federally threatened dwarf-flowered heartl_eaf (Hexastylis nan~ora) near the project area. We recommend conducting habitat assessments and surveying any suitable habitat in the project area for this species during its flowering period of March through May. If you have questions about these comments, please contact Ms. Denise Moldenhauer of our staff at 828/258-3939,. Ext. 226. Sincerely, ~ ` ~ ~.~ Brian P. Cole Field Supervisor