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HomeMy WebLinkAbout20190200 Ver 2_Modification Attachments Packet_Reduced_2024053117BP.5.R.72 & 17BP.5.R.87 Replacement of Bridge No. 9 over Overflow for Shocco Creek on NC 58 (17BP.5.R.72) and Replacement of Bridge No. 66 over Shocco Creek on NC 58 (17BP.5.R.87) Warren & Franklin Counties USACE Action Id. SAW-2016-02261 NCDWR Project No. 20190200 Contents: Protected Species Updates........................................................... 2 Tribal Coordination Update........................................................12 2019 Pre -Construction Notification (PCN) Form........................16 2019 PCN Attachments.............................................................. 26 March 20, 2019 404 Permit........................................................90 February 22, 2019 401 Permit and Tar -Pamlico Buffer Authorization............................................................................131 PermitDrawings.......................................................................149 Protected Species Updates Roy COOPER GOVERNOR Attention: From: Subject: STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION J.R. "JOEY" HOPKfNs SECRETARY May 29, 2024 Chris Murray, SPWS Division 5 — Project Engineer for Planning and Environmental Studies Mitchell C. Wimberley Division 5 Environmental Office Protected Species Update Memo: Replacement of Bridge 09 on NC 58 over Shocco Creek Overflow in Warren and Franklin Counties; WBS: 17BP.5.R.72. Please accept this letter as a summary of the efforts made and resulting findings on the part of NCDOT Division 5 to update the biological conclusion of protected species for the above referenced project. Michaux's sumac: IPaC identifies potential for this species at the project location. Limited habitat for Michaux's sumac is located within the project study area, particularly within the portion along the woods edge. A plant by plant survey of the project study area was conducted on May 28, 2024. No specimens were found during the survey, therefore, a biological conclusion of No Effect is rendered for this species. Northern Long -Eared Bat: The USFWS has issued a revised Programmatic Biological Opinion (PBO) in conjunction with the Federal Highway Administration (FHWA), the US Army Corps of Engineers (USACE), and NCDOT for the northern long-eared bat (NLEB) (Myotis septentrionahs) in eastern North Carolina (December 15, 2022). The revised PBO covers the entire NCDOT program in Divisions 1-8, including all NCDOT projects and activities. The programmatic determination for NLEB for the NCDOT program is May Affect, Likely to Adversely Affect. The revised PBO will ensure compliance with Section 7 of the Endangered Species Act for ten years (effective through December 31, 2030) for all NCDOT projects with a federal nexus in Divisions 1-8. Although this PBO covers Divisions 1-8, the USFWS only considers NLEBs to be known or potentially found in 30 counties within Divisions 1-8. Note that none of these 30 counties are located within Division 5. NCDOT, FHWA, and USACE have agreed to two Conservation Measures which will avoid/minimize mortality of NLEBs. These Conservation Measures only apply to the 30 current known/potential counties shown on Figure 2 of the revised PBO and do not include any parts of Division 5. Additionally, NCDOT, FHWA, and USACE have agreed to three Mailing Address: Telephone: (919) 317-4700 Location: NC DEPARTMENT OF TRANSPORTATION Fax: (919) 317-4710 2612 NORTH DUKE STREET DIVISION 5 OFFICE Customer Service: 1-877-368-4968 DURHAM, NC 27704 2612 NORTH DUKE STREET DURHAM, NC 27704 Website: www.ncdot.gov CS 9 17-27-03 Monitoring and Reporting Requirements to monitor the impacts of incidental take. (Note: M&R2 is adhered to by Biological Surveys Group (BSG) and is not discussed below). M&R1: If dead bats suspected of being NLEB are observed during clearing, demolition, or construction activities of the Action, such bats should be collected and preserved for identification. Gary Jordan of the USFWS Raleigh Field Office should be contacted at gM iordan@fws.gov to arrange transfer of the bats. Dead bats should be placed in a freezer until they can be transferred. M&R3: NCDOT staff and/or consultants must follow the NCDOT Bat Habitat Assessment SOP by filling out Bat Habitat Assessment Forms for projects that affect bridges and culverts. Minimum dimensions for conducting a culvert survey are 5 feet in height and 60 feet in length. Bridge and structure assessments are valid for two years. These forms will be submitted to the NCDOT Biological Surveys Group (BSG) using the Survey 123 application or submitted to the NCDOT Project Manager and NCDOT Sharepoint site and notification sent to BSGgncdot.gov. BSG staff will enter the forms into its database even if no bat presence is detected. If NLEBs are detected at a bridge or culvert, the USFWS will be notified via email at gary iordan@fws.gov. Tricolored Bat: The US Fish and Wildlife Service (USFWS) has issued a Programmatic Conference Opinion (PCO) in conjunction with the Federal Highway Administration (FHWA), the US Army Corps of Engineers (USACE), and NCDOT for the tricolored bat (TCB) (Perimyotis subflavus) in eastern North Carolina (November 20, 2023). The PCO covers the entire NCDOT program in Divisions 1-8, including all NCDOT projects and activities. The programmatic determination for TCB for the NCDOT program is May Affect, Likely to Adversely Affect. Once the TCB is officially listed, the PCO will become the programmatic biological opinion (PBO) by formal request from FHWA and USACE. The PBO will ensure compliance with Section 7 of the Endangered Species Act for approximately five years (effective through December 31, 2028) for all NCDOT projects with a federal nexus in Divisions 1-8. NCDOT, FHWA, and USACE have agreed to three conservation measures (listed in the PCO) which will avoid/minimize take to TCBs. These conservation measures apply to all counties in Divisions 1-8. Note that at this time, no TCB maternity roost trees have been identified in Divisions 1-8. Additionally, NCDOT, FHWA, and USACE have agreed to two Monitoring and Reporting Requirements. M&R1: If dead bats suspected of being TCB are observed during clearing, demolition, or construction activities of the Action, such bats should be collected and preserved for identification. Gary Jordan of the USFWS Raleigh Field Office should be contacted at gM iordangfws.gov to arrange transfer of the bats. Dead bats should be placed in a freezer until they can be transferred. M&R2: NCDOT staff and/or consultants must follow the NCDOT Bat Habitat Assessment SOP by filling out Bat Habitat Assessment Forms for projects that affect bridges and culverts. Minimum dimensions for conducting a culvert survey are 5 feet in height and 60 feet in length. Bridge and structure assessments are valid for two years. These forms will be submitted to the NCDOT Biological Surveys Group (BSG) using the Survey 123 application or submitted to the NCDOT Project Manager and NCDOT Sharepoint site and notification sent to BSGgncdot.gov. BSG staff will enter the forms into its database even if no bat presence is detected. If TCBs are detected at a bridge or culvert, the USFWS will be notified via email at gary iordangfws.gov. If you have any questions or need additional information, please contact me at mcwimberleygncdot.gov or at (919)317-4752. STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Roy COOPER J.R. "JOEY" HOPKINS GOVERNOR SECRETARY May 29, 2024 Attention: Chris Murray, SPWS Division 5 - Project Engineer for Planning and Environmental Studies From: Mitchell C. Wimberley Division 5 Environmental Office Subject: Protected Species Update Memo: Replacement of Bridge 66 on NC 58 over Shocco Creek in Warren and Franklin Counties; WBS: 17BP.5.R.87. Please accept this letter as a summary of the efforts made and resulting findings on the part of NCDOT Division 5 to update the biological conclusion of protected species for the above referenced project. Michaux's sumac: IPaC identifies potential for this species at the project location. Limited habitat for Michaux's sumac is located within the project study area, particularly within the portion along the woods edge. A plant by plant survey of the project study area was conducted on May 28, 2024. No specimens were found during the survey, therefore, a biological conclusion of No Effect is rendered for this species. Northern Long -Eared Bat: The USFWS has issued a revised Programmatic Biological Opinion (PBO) in conjunction with the Federal Highway Administration (FHWA), the US Army Corps of Engineers (USACE), and NCDOT for the northern long-eared bat (NLEB) (Myotis septentrionahs) in eastern North Carolina (December 15, 2022). The revised PBO covers the entire NCDOT program in Divisions 1-8, including all NCDOT projects and activities. The programmatic determination for NLEB for the NCDOT program is May Affect, Likely to Adversely Affect. The revised PBO will ensure compliance with Section 7 of the Endangered Species Act for ten years (effective through December 31, 2030) for all NCDOT projects with a federal nexus in Divisions 1-8. Although this PBO covers Divisions 1-8, the USFWS only considers NLEBs to be known or potentially found in 30 counties within Divisions 1-8. Note that none of these 30 counties are located within Division 5. NCDOT, FHWA, and USACE have agreed to two Conservation Measures which will avoid/minimize mortality of NLEBs. These Conservation Measures only apply to the 30 current known/potential counties shown on Figure 2 of the revised PBO and do not include any parts of Division 5. Additionally, NCDOT, FHWA, and USACE have agreed to three Monitoring and Reporting Requirements to monitor the impacts of incidental take. (Note: M&R2 is adhered to by Biological Surveys Group (BSG) and is not discussed below). Mailing Address: Telephone: (919) 317-4700 Location: NC DEPARTMENT OF TRANSPORTATION Fax: (919) 317-4710 2612 NORTH DUKE STREET DIVISION 5 OFFICE Customer Service: 1-877-368-4968 DURHAM, NC 27704 2612 NORTH DUKE STREET DURHAM, NC 27704 Website: www.ncdot.gov CS # 17-27-03 M&Rl: If dead bats suspected of being NLEB are observed during clearing, demolition, or construction activities of the Action, such bats should be collected and preserved for identification. Gary Jordan of the USFWS Raleigh Field Office should be contacted at garyiordan@fws.gov to arrange transfer of the bats. Dead bats should be placed in a freezer until they can be transferred. M&R3: NCDOT staff and/or consultants must follow the NCDOT Bat Habitat Assessment SOP by filling out Bat Habitat Assessment Forms for projects that affect bridges and culverts. Minimum dimensions for conducting a culvert survey are 5 feet in height and 60 feet in length. Bridge and structure assessments are valid for two years. These forms will be submitted to the NCDOT Biological Surveys Group (BSG) using the Survey 123 application or submitted to the NCDOT Project Manager and NCDOT Sharepoint site and notification sent to BSG@ncdot.gov. BSG staff will enter the forms into its database even if no bat presence is detected. If NLEBs are detected at a bridge or culvert, the USFWS will be notified via email at gary Jordan@fws.gov. Tricolored Bat: The US Fish and Wildlife Service (USFWS) has issued a Programmatic Conference Opinion (PCO) in conjunction with the Federal Highway Administration (FHWA), the US Army Corps of Engineers (USACE), and NCDOT for the tricolored bat (TCB) (Perimyotis subflavus) in eastern North Carolina (November 20, 2023). The PCO covers the entire NCDOT program in Divisions 1-8, including all NCDOT projects and activities. The programmatic determination for TCB for the NCDOT program is May Affect, Likely to Adversely Affect. Once the TCB is officially listed, the PCO will become the programmatic biological opinion (PBO) by formal request from FHWA and USACE. The PBO will ensure compliance with Section 7 of the Endangered Species Act for approximately five years (effective through December 31, 2028) for all NCDOT projects with a federal nexus in Divisions 1-8. NCDOT, FHWA, and USACE have agreed to three conservation measures (listed in the PCO) which will avoid/minimize take to TCBs. These conservation measures apply to all counties in Divisions 1-8. Note that at this time, no TCB maternity roost trees have been identified in Divisions 1-8. Additionally, NCDOT, FHWA, and USACE have agreed to two Monitoring and Reporting Requirements. M&Rl: If dead bats suspected of being TCB are observed during clearing, demolition, or construction activities of the Action, such bats should be collected and preserved for identification. Gary Jordan of the USFWS Raleigh Field Office should be contacted at gary Jordan@fws.gov to arrange transfer of the bats. Dead bats should be placed in a freezer until they can be transferred. M&R2: NCDOT staff and/or consultants must follow the NCDOT Bat Habitat Assessment SOP by filling out Bat Habitat Assessment Forms for projects that affect bridges and culverts. Minimum dimensions for conducting a culvert survey are 5 feet in height and 60 feet in length. Bridge and structure assessments are valid for two years. These forms will be submitted to the NCDOT Biological Surveys Group (BSG) using the Survey 123 application or submitted to the NCDOT Project Manager and NCDOT Sharepoint site and notification sent to BSG@ncdot.gov. BSG staff will enter the forms into its database even if no bat presence is detected. If TCBs are detected at a bridge or culvert, the USFWS will be notified via email at gary Jordan@fws.gov. If you have any questions or need additional information, please contact me at mcwimberley@ncdot.gov or at (919)317-4752. Wimberley, Mitchell C From: Jordan, Gary <garyjordan@fws.gov> Sent: Wednesday, May 22, 2024 1:55 PM To: Wimberley, Mitchell C Cc: Murray, Christopher A; Montague, Heather W; Jr. Ellis, Spencer P; Wilson, Travis W. Subject: Re: [EXTERNAL] RE: Replacements of Franklin Bridge #66 on NC 58 over Shocco Creek (17BP.5.R.87) and adjacent Warren Bridge #9 over Shocco Creek Overflow (17BP.5.R.72) CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message button located on your Outlook menu bar on the Home tab. Mitchell, I confirm that the previous conclusions and concurrence are still valid. No further coordination is needed for Section 7. Gary Jordan Fish and Wildlife Biologist, Liaison to NCDOT, Bat Ecologist Raleigh Ecological Services Field Office U.S. Fish and Wildlife Service MS Teams Phone: 984-308-0822 From: Wimberley, Mitchell C <mcwimberley@ncdot.gov> Sent: Wednesday, May 22, 2024 10:52 AM To: Jordan, Gary <gary_jordan@fws.gov> Cc: Murray, Christopher A <cam u rray@ ncdot.gov>; Montague, Heather W <hwmontague@ncdot.gov>; Jr. Ellis, Spencer P <spellis2@ncdot.gov> Subject: RE: [EXTERNAL] RE: Replacements of Franklin Bridge #66 on NC 58 over Shocco Creek (17BP.5.R.87) and adjacent Warren Bridge #9 over Shocco Creek Overflow (17BP.5.R.72) Gary, The 17BP.5.R.87 (Bridge #66 on NC 58 over Shocco Creek in Franklin County) and 17BP.5.R.72 (Bridge #9 over Shocco Creek Overflow in Warren County) projects have not yet been constructed and the Section 404 and 401 Permits have expired. We will be re -applying for the permits and wanted to confirm that our aquatic conclusions and previous concurrences from USFWS are still valid. 17BP.5.R.87 (Bridge #66 on NC 58 over Shocco Creek in Franklin County): o Bridge 66 will be replaced with a new bridge structure that spans Shocco Creek and therefore, the Department utilized the aquatic mussel PBO (concurrence received from USFWS February 12, 2019 and confirmed via email December 14, 2021) and NRWD/CM PBO (concurrence received from USFWS January 18, 2022) to cover this replacement. ■ The NCDOT has invoiced/paid $25,000 to the North Carolina Wildlife Resource Commission - Habitat Conservation Division on August 28, 2019 for May Affect, Likely to Adversely Affect findings for the Dwarf wedgemussel, Tar River spinymussel, Yellow lance and Atlantic pigtoe. ■ The NCDOT will pay an additional $25,000 in lieu fee to the North Carolina Nongame Aquatic Species fund prior to construction for May Affect, Likely to Adversely Affect findings for the Neuse River waterdog and Carolina madtom. 17BP.5.R.72 (Bridge #9 over Shocco Creek Overflow in Warren County): o Bridge 9 will be replaced with a new three -barrel box culvert that is designed to convey runoff through the project area through a bottomland hardwood forest wetland. o This location does not provide habitat for any of the Federally protected aquatic species, however, due to the habitat presence in the adjacent Shocco Creek, the Department requested concurrence of MA- NLAA for the Dwarf wedgemussel, Tar River spinymussel, Yellow lance and Atlantic pigtoe which was provided by USFWS on February 12, 2019 and confirmed via email on December 14, 2021. The Department then requested concurrence of MA-NLAA for Neuse River waterdog and Carolina madtom which was provided by USFWS on January 18, 2022. Please see attached 2019 Concurrence, 2021 email, and 2022 Concurrence. Additionally, note that NCDOT staff will be conducting updated bat habitat assessments and updated Michaux's sumac surveys at these locations prior to re -applying for the Section404/401 Permits. Can you confirm that previous concurrences and conclusions are still valid and that no further coordination is needed for Section 7 consultation for either project location? Thank you! Mitchell C. Wimberley Environmental Specialist Division 5 North Carolina Department of Transportation 919 317 4752 office 919 417 4847 mobile mcwimberley(cDncdot.gov 2612 North Duke Street Durham, NC 27704 From: Murray, Christopher A <camurray@ncdot.gov> Sent: Tuesday, May 7, 2024 3:19 PM To: Wimberley, Mitchell C <mcwimberley@ncdot.gov> Subject: FW: [EXTERNAL] RE: Replacements of Franklin Bridge #66 on NC 58 over Shocco Creek (17BP.5.R.87) and adjacent Warren Bridge #9 over Shocco Creek Overflow (17BP.5.R.72) FYI. Concurrence letter signed January 18, 2022. Christopher A. Murray, SPWS Project Engineer for Planning and Environmental Studies Project Delivery Unit Division 5 (919) 317-4732 (office) (919) 618-1293 (mobile) NCDOT-Division 5 2612 N. Duke Street Courier: 17-27-03 Durham, NC 27704 From: Jordan, Gary <gary Jordan@fws.gov> Sent: Tuesday, January 18, 2022 2:02 PM To: Murray, Christopher A <camurray@ncdot.gov> Cc: Andy Williams <andrew.e.williams2@usace.army.mil>; Wilson, Travis W. <travis.wilson@ncwildlife.org>; Montague, Heather W <hwmontague@ncdot.gov> Subject: Re: [EXTERNAL] RE: Replacements of Franklin Bridge #66 on NC 58 over Shocco Creek (17BP.5.R.87) and adjacent Warren Bridge #9 over Shocco Creek Overflow (17BP.5.R.72) CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Chris, Attached is a concurrence letter. Gary Jordan Fish and Wildlife Biologist, Liaison to NCDOT U.S. Fish and Wildlife Service P.O. Box 33726 Raleigh, NC 27636-3726 Email: gary iordan@fws.eov From: Murray, Christopher A <camurrav@ncdot.gov> Sent: Friday, January 14, 2022 3:35 PM To: Wilson, Travis W. <travis.wilson@ncwildlife.org'>; Jordan, Gary <gary Jordan@fws.gov> Cc: Montague, Heather W <hwmontague@ncdot.gov>; Wimberley, Mitchell C <mcwimberley@ncdot.gov> Subject: [EXTERNAL] RE: Replacements of Franklin Bridge #66 on NC 58 over Shocco Creek (17BP.5.R.87) and adjacent Warren Bridge #9 over Shocco Creek Overflow (17BP.5.R.72) This email has been received from outside of DOI - Use caution before clicking on links, opening attachments, or responding. W See attached documents. Thanks, Chris Murray Christopher A. Murray, SPWS Project Engineer for Planning and Environmental Studies Project Delivery Unit Division 5 (919) 220-4618 office **NEW PHONE NUMBER** camurrayancdot.gov **NEW EMAIL ADDRESS** NCDOT-Division 5 2612 N. Duke Street Courier: 17-27-03 Durham, NC 27704 From: Murray, Christopher A <camurray@ncdot.gov> Sent: Friday, January 14, 2022 3:33 PM To: Wilson, Travis W. <travis.wilson@ncwildlife.org>; Gary Jordan@fws.gov Cc: Montague, Heather W <hwmontague@ncdot.gov>; Wimberley, Mitchell C <mcwimberley@ncdot.gov> Subject: Replacements of Franklin Bridge #66 on NC 58 over Shocco Creek (17BP.5.R.87) and adjacent Warren Bridge #9 over Shocco Creek Overflow (17BP.5.R.72) Gary and Travis, The North Carolina Department of Transportation (NCDOT) proposes to replace Bridge No. 340066 on NC 58 over Shocco Creek in Franklin County and Bridge No. 920009 on NC 58 over Overflow for Shocco Creek in Warren County. Replacement of both structures will be on new alignment to the west of the existing NC 58. Bridge 66 will be replaced with a new bridge structure that spans Shocco Creek. Bridge 9 will be replaced with a new three -barrel box culvert that is designed to convey runoff through the project area through a bottomland hardwood forest wetland. The Department proposes to use the results of surveys, ISRs, Revised Programmatic Biological/Conference Opinion for Bridge and Culvert Replacements/Repairs/Rehabilitations in Eastern North Carolina, Divisions 1-8 and Programmatic Conference Opinion -Bridge and Culvert Replacements/Repairs/Rehabilitations on Carolina madtom and Neuse River waterdog in NCDOT Divisions 2,4,5 and 7 to cover the replacement of Franklin Bridge 66 over Shocco Creek. Note the following: • The NCDOT has invoiced/paid $25,000 to the North Carolina Wildlife Resource Commission -Habitat Conservation Division on August 28, 2019 for May Affect, Likely to Adversely Affect findings for the Dwarf wedgemussel, Tar River spinymussel, Yellow lance and Atlantic pigtoe. • The NCDOT will pay an additional $25,000 in lieu fee to the North Carolina Nongame Aquatic Species fund prior to construction for May Affect, Likely to Adversely Affect findings for the Neuse River waterdog and Carolina madtom. Overflow for Shocco Creek at Warren Bridge 9 does not provide suitable habitat for any of the currently federally protected aquatic species. However, habitat is present at the adjacent Shocco Creek. The USFWS previously provided concurrence on February 12, 2019 of May Affect, Not Likely to Adversely Affect for Dwarf wedgemussel, Tar River spinymussel, Yellow lance and Atlantic pigtoe at Warren Bridge 9 over Shocco Creek overflow. The Department requests concurrence for findings of May Affect, Not Likely to Adversely Affect for Carolina madtom and Neuse River waterdog at the replacement of Bridge 9 over Overflow for Shocco Creek. The following area attached for your review: • 17BP.5.R.72 and 17BP.5.R.87 Freshwater mussel survey report • 17BP.5.R.72 and 17BP.5.R.87 Aquatics species survey report • 17BP.5.R.72 and 17BP.5.R.87 Final USFWS concurrence request • 17BP.5.R.72 Warren 9 FINAL ENVIRONMENTAL PROJECT COMMITMENTS • 17BP.5.R.87 Franklin 66 FINAL ENVIRONMENTAL PROJECT COMMITMENTS The USFWS provided clarification on issues associated with the project via email on December 14, 2021 and indicated that they are willing to provide revised concurrence of May Affect, Not Likely to Adversely Affect for the referenced aquatic species at Bridge 9 over Shocco Creek Overflow. This project will be constructed in 2022 or 2023. Please advise if you need additional information. Thanks, Chris Murray Christopher A. Murray, SPWS Project Engineer for Planning and Environmental Studies Project Delivery Unit Division 5 (919) 220-4618 office **NEW PHONE NUMBER** camurrayancdot.gov **NEW EMAIL ADDRESS** NCDOT-Division 5 2612 N. Duke Street Courier: 17-27-03 Durham, NC 27704 Ar 0 Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties. Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties. Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties. Tribal Coordination Update Wimberley, Mitchell C From: Kaleigh Pollak <kaleigh.monacan@gmail.com> Sent: Wednesday, May 22, 2024 7:25 PM To: Wimberley, Mitchell C Subject: [External] Re: NCDOT Division 5 Project: Letter to Monacan Indian Nation: Bridge Replacements Along NC 58 in Warren/Franklin Counties; WBS 17BP.5.R.72 and 17BP.5.R.87 CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message button located on your Outlook menu bar on the Home tab. Good Evening, Thank you for contacting us about the proposed project. The Monacan Indian Nation is a federally recognized sovereign tribe, headquartered on Bear Mountain in Amherst County. Citizens of the Nation are descended from Virginia and North Carolina Eastern Siouan cultural and linguistic groups, and our ancestral territory includes Virginia west of the fall line of the rivers, sections of southeastern West Virginia, and portions of northern North Carolina. At this time, the active Monacan consultation areas include: Virginia: Albemarle, Alleghany, Amherst, Appomattox, Augusta, Bath, Bedford, Bland, Buchanan, Buckingham, Campbell, Carroll, Charlotte, Clarke, Craig, Culpepper, Cumberland, Dickenson, Floyd, Fluvanna, Franklin, Frederick, Giles, Goochland, Grayson, Greene, Halifax, Henry, Highland, Lee, Loudoun, Louisa, Madison, Mecklenburg, Montgomery, Nelson, Orange, Page, Patrick, Pittsylvania, Powhatan, Prince Edward, Pulaski, Rappahannock, Roanoke, Rockbridge, Rockingham, Russell, Scott, Shenandoah, Smyth, Tazewell, Warren, Washington, Wise, and Wythe Counties, and all contiguous cities. West Virginia: Greenbrier, Mercer, Monroe, Pendleton, Pocahontas, and Summers Counties. North Carolina: Alamance, Caswell, Granville, Orange, Person, Rockingham, Vance, and Warren Counties. At this time, the Nation does not wish to actively participate in this consultation project, because: This project is outside our ancestral territory X The ro'ect's impacts are anticipated to be minimal The project is more closely related to , which should be contacted to participate in consultation The tribal office does not currently have the capacity to participate in this project Other: However, the Nation requests to be contacted if: • Sites associated with native history may be impacted by this project; • Adverse effects associated with this project are identified; • Human remains are encountered during this project; • Unanticipated native cultural remains are encountered during this project; • Other tribes consulting on this project cease consultation; or • The project size or scope becomes larger or more potentially destructive than currently described. Please do not make any assumptions about future consultation interests based on this decision, as priorities and information may change. We request that you send any future consultation communications in electronic form to ConsultationgMonacanNation.gov. We appreciate your outreach to the Monacan Indian Nation and look forward to working with you in the future. Kaleigh Pollak On Tue, May 7, 2024 at 3:15 PM Wimberley, Mitchell C <mcwimberley(@ncdot.gov> wrote: Dear Monacan Indian Nation, The North Carolina Department of Transportation (NCDOT) continues the project development, environmental and engineering studies for the replacement of two existing bridges along NC Hwy 58 which will be constructed as one project. Bridge No. 9 over the overflow of Shocco Creek along NC Hwy 58 in Warren County will be replaced with a 3@12'x8' RCBC; coordinates are approximately N 36.210146 W 78.102486. Bridge No. 66 over Shocco Creek along NC Hwy 58 in Franklin County will be replaced with a proposed bridge; coordinates are approximately N 36.209076 W 78.103047. The U.S. Army Corps of Engineers (USACE) is the lead federal agency for compliance with the National Environmental Policy Act (NEPA) and Section 106 of the National Historic Preservation Act (NHPA). A Permit is anticipated under the Section 404 Process with the USACE. The purpose of this email is to provide you with the following information: • Request for comments letter • Vicinity maps, draft plans, and No Archaeological Survey Required Forms completed by NCDOT Archaeologists Please respond by June 7, 2024 so that your comments can be used in continued development of this project. Thankyou, Mitchell C. Wimberley Environmental Specialist Division 5 North Carolina Department of Transportation 919 317 4752 office 919 417 4847 mobile mcwimberley(cDncdot.gov 2612 North Duke Street Durham, NC 27704 Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties. 2019 Pre -Construction Notification (PCN) Form Der R Division of water Resources Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) September 29, 2018 Ver 3 Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all mandatory questions are answered. Also, if at any point you wish to print a copy of the E-PCN, all you need to do is right -click on the document and you can print a copy of the form. Below is a link to the online help file. https://ed ocs.deq. nc.g ov/WaterReso u rces/0/edoc/624704/PCN % 2OHelp / 20F i le / 202018-1-30. pdf A. Processing Information O County (or Counties) where the project is located:* Franklin Warren Is this project a public transportation project? r Yes f No This is any publicly funded by mnidpai,state a federal funds road, rail, airport transportation project. Is this a NCDOT Project? 6- Yes (No (NCDOT only) T.I.P. or state project number: WBS #* 17BP.5.R.87 (Franklin Bridge 66) and 17BP.5.R.72 (Warren Bridge 9) (fa NCDOT use aiy) la. Type(s) of approval sought from the Corps:* g Section 404 Permit (wetlands, streams and waters, Clean Water Act) r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) 1 b. What type(s) of permit(s) do you wish to seek authorization? W Nationwide Permit (NWP) ❑ Regional General Permit (RGP) r Standard (IP) This form may be used to initiate the standard/individual permit process with the Corps. Please contact your Corps representative concerning submittals for standard permits. All required items that are not provided in the E-PCN can be added to the miscellaneous upload area located at the bottom of this form. 1c. Has the NWP or GP number been verified by the Corps?* r Yes 6 No Nationwide Permit (NWP) Number: 14 - Linear transportation NWP Numbers (for multiple NWPS): List all N,Nnurbers you are applying for not on the drop down list. 1d. Type(s) of approval sought from the DWR:* check ail that apply P 401 Water Quality Certification - Regular r Non-404 Jurisdictional General Permit r Individual Permit le. Is this notification solely for the record because written approval is not required? For the record only for DWR401 Certification: For the record only for Corps Permit: ❑ 401 Water Quality Certification - E)press Riparian Buffer Authorization * ( Yes F No (Yes F No 1f. Is this an after -the -fact permit application?* O Yes O No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from rritgaton bark a in -lieu fee program 6) Yes 6 No Acceptance Letter Attachment Cickthe upload button a drag and drop files here to attach occurrent 17BP.5.R.72 mitigation letter DMS.pdf 71.81 KB RLETYFE M_ST BE FCF 1h. Is the project located in any of NC's twe nty coastal counties?* r Yes (-- No 1j. Is the project located in a designated trout watershed?* O Yes 6 No Link to trout information: http://wvAv.saw.usace.arrny.mil/Missions/Regulatory-Permit-Program/Agency-Coordination/Trout.aspx B. Applicant Information u la. Who is the Primary Contact?* Chris Murray 1c. Primary Contact Phone:* 1b. Primary Contact Email:* (xxx)xxx-xxxx cmurray@ncdot.gov (919)220-4633 1d. Who is applying for the permit?* W Owner ❑ Applicant (other than owner) (Check all that apply) 1e. Is there an Agent/Consultant for this project?* f Yes F No 2. Owner Information 2a. Name(s) on recorded deed:* NCDOT 2b. Deed book and page no.: NCDOT and various owners 2c. Responsible party: (fa Corpaatons) 2d. Address* Slreet Address 2612 N. Duke Street Address Line 2 Cty State / province / Region Durham NC Fbstal / Zip Code Country 27704 USA 2e. Telephone Number:* (xxx)xxx-xxxx (919)220-4633 2f. Fax Number: (xxx)xxx-xxxx 2g. Email Address:* cmurray@ncdot.gov C. Project Information and Prior Project History U 1. Project Information �} la. Name of project:* Replacement of Franklin Bridge 66 over Shocco Creek on NC 58 (17BP.5.R.87) and replacement of Warren Bridge 9 over Overflowfor Shocco Creek on NC 58 (17BP.5.R.72) 1b. Subdivision name: (d appropriate) 1c. Nearest municipality / town:* Centerville 2. Project Identification 2a. Property Identification Number: (tax RN a parcel ID) 2b. Property size: Warren 2869562724, Warren 2961406397 (in acres) and Franklin 013529 and 012635 5.5 2c. Project Address Slreet Address near 4094 Highway 58 Address Line 2 City Slate / province / Region Louisburg NC Postal / Zip Code Country 27549 USA 2d. Site coordinates in decimal degrees Please collect site coordinates in decimal degrees. Use between 4-6 digits (unless you are using a survey -grade GPS device) after the decimal place as appropriate, based on howthe location was determined. (For example, most mobile phones with GPS provide locational precision in decimal degrees to map coordinates to 5 or 6 digits after the decimal place.) Latitude:* Longitude:* 36.20909-78.10301 ex: 34.208504-77.796371 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Shocco Creek 3b. Water Resources Classification of nearest receiving water:* 28-79-22; Class C NSW Surface Water Lookup 3c. What river basin(s) is your project located in?* Tar -Pamlico 3d. Please provide the 12-digit HUC in which the project is located.* 030201020104 River Basin Lookup 4. Project Description and History 4a. 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 surrounding the existing NC 58, Franklin Bridge 66 and Warren Bridge 9 is described as primarily bottomland hardwood forest and is not developed. Franklin Bridge 66 crosses Shocco Creek and Warren Bridge 9 crosses Overflow for Shocco Creek. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* O Yes O No O Unknown 4d. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR) Ciickthe upload button a drag and drop files here to attach occurrent 17BP.5.R.72 and 17BP.5.R.87 USGS map.pdf 1.34MB File type must be pdr 4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR) Ciickthe upload button a drag and drop files here to attach occurrent 17BP.5.R.72 and 17BP.5.R.87 soil survey.pdf 1.31MB File type must be pdr 4f. List the total estimated acreage of all existing wetlands on the property: 0.32 ac 4g. List the total estimated linear feet of all existing streams on the property: (interrritteit and perennial) 170 lineaer feet 4h. Explain the purpose of the proposed project:* Epsting Franklin Bridge 66 and Warren Bridge 9 are structurally deficient and require replacement of these structures. An off -site detour is problematic due to the length of the detour. Additionally, the roadway in the project limits is below acceptable design standards. The replacement Franklin Bridge 66 and Warren Bridge 9 will be constructed on new location to the west of the existing alignment. Traffic will be maintained on exsting alignment during construction of the two bridge structures. See below info regarding existing and proposed structures for each site: Franklin Bridge 66: Epsting structure: 1 @ 41 ft-7 in reinforced concrete deck on girders with reinforced concrete vertical abutments on pile footings. Proposed structure: 1 @ 105 ft-0 in and 1 @ 25 ft-0 in 39 in box beam that spans Shocco Creek on new alignment to the west of exsting NC 58. Warren Bridge 9: Epsting structure: 1 @ 22 ft-0 in reinforced concrete slab on reinforced concrete full height abutments. Proposed structure: The proposed structures are 3 @ 12 ft-0 in x 9 ft-0 in reinforced concrete box culvert that is 57.6 ft long . The culvert is located on new location to the west of exsting NC 58 and serves to connect wetland systems on both sides of the relocated NC 58. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* Project requires relocation and construction of newstructures on newalignment to the west of the existing NC 58. Indirect impacts may result from changes to the hydraulic pattern in the immediate area. New Franklin Bridge 66 completely spans Shocco Creek but is located upstream of the existing Franklin Bridge 66. New Warren Bridge 9 is a three -barrel culvert located upstream of the existing Warren Bridge 9. Installation of the three -barrel culvert at the designed location is to connect upstream and downstream drainage patterns in the wetland system and adjacent bottomland hardwood forest. Both exsting Franklin Bridge 66 and exsting Warren Bridge 9 will be completely removed. Additionally, the existing NC 58 roadbed and fill slope will be removed down to natural grade and graded to drain towards the east. 4j. Please upload project drawings for the proposed project. Clickthe upload button a drag and drop files hereto attach docunent File type must be pdr 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas? F Yes r No r Unknown Comments: PJD application sent via email from David Cooper to E. Alsmeyer on 11/14/2016 5b. If the Corps made a jurisdictional determination, what type of determination was made?* r- Preliminary r' r Not Verified F Unknown C N/A Corps AID Number: Bonple: SAW-2017-99999 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: Heather Smith and David Cooper Ecological Engineering 5d1. Jurisdictional determination upload Clickthe upload button a drag and drop files hereto attach docunent File type must be FLF 6. Future Project Plans 6a. Is this a phased project?* r' Yes No Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? This includes other separate and distant crossing for linear projects that require Department of the Army authorization but don't require pre -construction notification. D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): W Wetlands m Streams -tributaries F- Open Waters ❑ Pond Construction W Buffers 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. "W." will be used in the table below to represent the word "wetland". 2a1 Reason*(?) 2b. Impact type �' (7) 2c. Type of W. 2d. W. name r Forested' ��2f. Type of 2g. Impact Jurisdicition * M area* Site 1 Roadway fill P Bottomland Hardwood Forest Site 1 Yes Both 0.030 affes) V Site 2 Culvert construction, roadway fill and EC installation P Bottomland Hardwood Forest Site 2 Yes Both 0.240 (acres) E::::] EC installation I P � I Bottomland Hardwood Forest � Site 3 Yes Both I �0.050 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Permanent Wetland Impact 0.320 2g. Total Wetland Impact 0.320 2h. Comments: See stream/wetland permit drawing for Warren Bridge 9 (17BP.5.R.72). 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. "S." will be used in the table below to represent the word "stream". F I 3a. Reason for impact*(�) 3b.lmpact type * 3c. Type of impact* 3d. S. name* 3e. Stream Type* 3f. Type of 3g. S. width * 3h. Impact (?) Jurisdiction* length* S1 Bridge removal and bank Permanent Bank Stabilization Shocco Creek Perennial Both 30 40 stabilization Average (feet) (linear fee[) gp Bridge removal and bank Temporary Dewatering Shocco Creek Perennial Both 30 82 stabilization Average (feet) (linear fee[) S3 Bank stabilization Permanent Bank Stabilization Shocco Creek Perennial Both 30 60 Average (feet) (linear fee[) S4 Bank stabilization Tem orar P Y Bank Stabilization Shocco Creek Perennial Both 30 71 Average (feet) (linear fee[) -All Perennial or Intermittent streams must be verified by DWR or delegated local government. 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 100 3i. Total temporary stream impacts: 153 3i. Total stream and ditch impacts: 253 3j. Comments: See stream/wetland permit drawing for Franklin Bridge 66 (17BP.5.R.87). 6. Buffer Impacts (for DWR) If project will impact a protected riparian buffer, then complete the chart below. Individually list all buffer impacts below. 6a. Project is in which protect basin(s)?* Check all that apply. r Neuse ICJ Tar -Pamlico r Catawba r Randleman r Goose Creek r Jordan Lake r Other 6b. Impact Type*(?) Site 1 bridge and road crossing allowable 6c. Per or Temp *M 6d. Stream name* 6e. Buffer mitigation required?* P Shocco Creek No 6f. Zone 1 impact* 3,991 (square feet) 6g. Zone 2 impact* 2,396 (square feet) Site 2 bridge and road crossing allowable P Shocco Creek Yes 4,185 (square feet) 3,502 (square feet) 6h. Total buffer impacts: Zone 1 Zone 2 Total Temporary impacts: 0.00 0.00 Zone 1 Zone 2 Total Permanent impacts: 8,176.00 5,898.00 ............................................................................................................................................................................................................................ Zone 1 Zone 2 Total combined buffer impacts: 8,176.00 5,898.00 6i. Comments: See buffer permit drawing for Franklin Bridge 66 (17BP.5.R.87). Supporting Documentation - i.e. Impact Maps, Plan Sheet, etc. Oickthe upload b ttm a drag and drop files here to attach dccurrent 340066_PermitDrawings_20190205.pdf 1.84MB 340066_PermitDrawings_Buffer_20190207.pdf 1.52MB 920009_PermitDrawings_20190207.pdf 2.46MB File crust be FDF E. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:* An on -site meeting was held on January 26, 2017 to discuss the expected results of a mussel survey, possible roadway design issues and new crossing structures with Travis Wilson (NCWRC), Gary Jordan (USFWS) and various staff members from the NCDOT, Stewart Engineering, Ecological Engineering and RKRK. The findings of the meeting indicated that the best alignment to avoid and reduce impacts to Shocco Creek and known population of epsting protected mussel species was to realgn the roadway on new location to the west. The new spanning structure at Franklin Bridge 66 will completely span the open water of Shocco Creek. The new crossing structure at Warren Bridge 9 is a three -barrel culvert. This was determined to be an acceptable structure since the existing structure conveys runoff through the adjacent wetland and bottomland hardwood forest. Fill slopes have been steepened to reduce wetland impacts. The existing structures and abandoned roadbed will be removed down to natural ground and graded to drain. Further avoidance and minimization efforts are described in the attached Warren 9 FINAL ENVIRONMENTAL COMMITMENTS and Franklin 66 FINAL ENVIRONMENTAL PROJECT COMMITMENTS. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:* Construction activities will be monitored by NCDOT Division envirionmental staff and Resident Engineer inspectors. They will evaulate construction and determine howto minimize impacts during construction. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? r Yes C No 2c. If yes, mitigation is required by (check all that apply): r" DWR W Corps 2d. If yes, which mitigation option(s) will be used for this project? r Mitigation bank PF Payment to in -lieu fee r Permittee Responsible program Mitigation 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. C Yes C No 4b. Stream mitigation requested: 4c. If using stream mitigation, what is the stream temperature: (linear feet) NC Stream Temperature Classification Maps can be found under the Mitigation Concepts tab on the Wilmington District's RIBITS website. 4d. Buffer mitigation requested (DWR only): (square feet) 4f. Non -riparian wetland mitigation requested: (aces) 4e. Riparian wetland mitigation requested: (aces) 0.32 4g. Coastal (tidal) wetland mitigation requested: (aces) 4h. Comments Mitigation for wetland impacts are proposed for the project. F. Stormwater Management and Diffuse Flow Plan (required by DWR) U *** Recent changes to the storrTmater rules have required updates to this section .*** 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? C Yes r No 1b. All buffer impacts and high ground impacts require diffuse flow or other form of stormwater treatment. If the project is subject to a state implemented riparian buffer protection program, include a plan that fully documents how diffuse flow will be maintained. All Stormwater Control Measures (SCM)s must be designed in accordance with the NC Stormwater Design Manual. Associated supplement forms and other documentation shall be provided. What type of SCM are you providing? r" Level Spreader rJ Vegetated Conveyance (lower SHWT) r" Wetland Swale (higher SHWT) ❑ Other SCM that removes minimum 30% nitrogen ❑ Proposed project will not create concentrated storrTmater flowthrough the buffer (check all that apply) For a list of options to meet the diffuse flow requirements, click here. Diffuse Flow Documentation Oickthe upload bdtm a drag and drop files hereto attach dccurrent 17BP.5.R.72 SWMP.pdf 223KB 17BP.5.R.87 SWMP.pdf 113.69KB File type must he FLF 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* 0Yes 0No Comments: Project will comply with NCDOT permit. G. Supplementary Information 1. Environmental Documentation la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* r Yes r No 1b. 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 (North Carolina) Environmental Policy Act (NEPA/SEPA)?* r Yes r No 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 NEPAor SEPAfinal approval letter.)* r Yes R No Comments: Document will not need to be submitted to the State Clearing House. 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)?* I- Yes (-- No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality?* r Yes C No 3b. If you answered "no," provide a short narrative description. Project involves replacement of existing structurally deficient bridges with new structures on new alignment to the west of existing NC 58. The bridges and adjacent roadway are designed to only provide the amount of traffic currently travelling through the area. The new bridges and newadjacent roadway provide the footprint of two lanes of traffic and roadside shoulder. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project? r Yes r No 0 N/A 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* 6 Yes C No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* r Yes f , No 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh 5d. Is another Federal agency involved?* c- Yes C No O Unknown 5e. Is this a DOT project located within Division's 1-8?* CYes 0No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?* Significant consultation with USFWS and NCWRC. Full information regarding howthe project affects federally protected mussel species are provided in the Environmental Summary for USACE for Franklin 66, Environmental Summary for USACE for Warren 9, informal consultation letter from USFWS for Warren 9 and Franklin 66 and use of the mussel PBO for Franklin 66. Consultation Documentation Upload Oickthe upload b ttm a drag and drop files hereto attach dccurrent 17BP.5.R.72 and 17BP.5.R.87 FINAL USFWS concurrence request.pdf 574.85KB 20190212_letter_Service to NCDOT—Bridge 920009.pdf 44.96KB File type must be FDF 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat? * f- Yes R No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* 7. Historic or Prehistoric Cultural Resources (Corps Requirement) Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data: http://gis.ncdcr.gov/hpoweb/ 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 status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)?* C Yes r No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* Consultation with State Historic Preservation Office and NCDOT HEU. Franklin 66: Historic Architecture: Historic Architecture and Landscapes Effects Required Form dated September 23, 2016 indicates Bridge 66 is a Determined Eligible bridge based on NCDOT Historic Bridge Inventory. Effects Required result. Memoranda of Agreement (MOA) for NCDOT to replace Bridge 9 and 66 at the borders of Warren and Franklin Counties will adversely affect the existing bridges (letter from USACE to Mr. Reid Nelson, Advisory Council of Historic Preservation (dated March 7, 2018). Note that this covers the Memorandum of Agreement (MOA) among the USACE, NCDOT and NCSHP for Replacement of Bridge 66 on NC 58 over Shocco Creek in Franklin County (WBS 17BP.5.R.87). Photo -documentation for Bridge 66 on NC 58 over Shocco Creek, PA-16-09-005, Franklin County, ER 17-0179 (dated April 30, 2018) indicates the mitigation measures in the MOA have been met. Archaeology: No Archaeological Survey Required Form dated December 2, 2016. Warren 9: Historic Architecture: Historic Architecture and Landscapes Effects Required Form dated September 23, 2016 indicates Bridge 66 is a Determined Eligible bridge based on NCDOT Historic Bridge Inventory. Effects Required result. Memoranda of Agreement (MOA) for NCDOT to replace Bridge 9 and 66 at the borders of Warren and Franklin Counties will adversely affect the existing bridges (letter from USACE to Mr. Reid Nelson, Advisory Council of Historic Preservation (dated March 7, 2018). Note that this covers the Memorandum of Agreement (MOA) among the USACE, NCDOT and NCSHP for Replacement of Bridge 66 on NC 58 over Shocco Creek in Franklin County (WBS 17BP.5.R.87). Photo -documentation for Bridge 66 on NC 58 over Shocco Creek, PA-16-09-005, Franklin County, ER 17-0179 (dated April 30, 2018) indicates the mitigation measures in the MOA have been met. Archaeology: No Archaeological Survey Required Form dated December 2, 2016. 7c. Historic or Prehistoric Information Upload Click the upload b ttm a drag and drop files here to attach dmurrent Franklin 66 Archaeology No Survey.pdf 513.23KB Franklin 66 full MOA documentation.pdf 4.13MB Franklin 66 Hist Str EFFECTS REQUIRED.pdf 1.96MB Warren 9 Archaeology No Survey Form.pdf 1.17MB Warren 9 Hist Str ADVERSE EFFECTS form.pdf 5.1 MB Warren 9 Hist Str Photodoc Letter.pdf 97.82KB Warren 9 Hist Str Signed MOA.pdf 1.45MB File crust be FDF 8. Flood Zone Designation (Corps Requirement) Link to the FEMA Floodplain Maps: https://msc.ferna.gov/portal/search 8a. Will this project occur in a FEMA-designated 100-year flood plain?* r Yes r No 8b. If yes, explain how project meets FEMA requirements: Project is located in Zone AE and was studied by Limitied Detailed methods. 8c. What source(s) did you use to make the floodplain determination? Consultation with NCDOT hydraulics Unit and review of stormwater management plans. Miscellaneous u Comments See attached Environmental Summary for USACE for Franklin 66 and Environmental Summary for USACE for Warren 9. Also, see Warren 9 and Franlin 66 Final Environmental Project Commitments. Miscellaneous attachments not previously requested. Oickthe upload b ttm a drag and drop files here to attach dccurrent Environmental summary for USACE for Warren 9.pdf 121.66KB Environmental summary for USACE for Franklin 66.pdf 132.8KB 17BP.5.R.87 Franklin 66 FINAL ENVIRONMENTAL PROJECT COMMITMENTS.pdf 87.56KB 17BP.5.R.72 Warren 9 FINAL ENVIRONMENTAL PROJECT COMMITMENTS.pdf 80.92KB File crust be FDF a IQvI7 Signature C"U * rJ By checking the boxand signing below, I certify that: • I have given true, accurate, and complete information on this form; . I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act'); • I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act'); • I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND . I intend to electronically sign and submit the PCN form. Full Name:* Christopher A. Murray Signature G+i�+s ytv��,4✓ Date 2/13/2019 2019 PCN Attachments ROY COOPER Governor MICHAEL S. REGAN Secretary TIM BAUMGARTNER Director Mr. Chris Murray NCDOT Division 5 Environmental Officer North Carolina Department of Transportation 2612 N. Duke Street Durham, North Carolina 27704 Dear Mr. Murray: NORTH CAROLINA Environmental Quality February 12, 2019 Subject: DMS Mitigation Acceptance Letter: Division 5 Project, Replace Bridge 920009 over the Overflow for Shocco Creek on NC 58, Warren County, Division 5, WBS No. 17BP.5.R.72 The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (NCDEQ DMS) will provide the compensatory wetland mitigation for the subject project. Based on the information supplied by you on February 8, 2019, the impacts are located in CU 03020102 of the Tar -Pamlico River basin in the Central Piedmont (CP) Eco-Region, and are as follows: Tar -Pamlico Stream Wetlands Buffer (Sq. Ft.) 03020102 Cp FC7oldCool Warm Riparian Non- Ri an Coastal Marsh Zone 1 Zone 2 Impacts (feet/acres) 0 0 0 0.32 0 0 0 0 *Some of the stream and wetland impacts may be proposed to be mitigated at a 1:1 mitigation ratio. See permit application for details. These impacts and associated mitigation needs were under projected by the NCDOT in the 2019 impact data. DMS will commit to implement sufficient compensatory wetland mitigation credits to offset the impacts associated with this project as determined by the regulatory agencies using the delivery timeline listed in Section F.3.c.iii of the In -Lieu Fee Instrument dated July 28, 2010. If the above referenced impact amounts are revised, then this mitigation acceptance letter will no longer be valid and a new mitigation acceptance letter will be required from DMS. If you have any questions or need additional information, please contact Beth Harmon at 919-707-8420. Sincerely, Jam B. Stanfill DMS et Management Supervisor cc: Mr. James Lastinger, USACE — Raleigh Regulatory Field Office Ms. Amy Chapman, NCDWR Ms. Linda Fitzpatrick, NCDOT — PDEA File: NC 58 — Bridge 920009 — Division 5 D_E %Cp North Carolina Department of Environmental Quality I Division of Mitigation Services 217 W.]ones Street 1 1652 Mail Service Center I Raleigh, North Carolina 27699-1652 919.707.8976 I lid hw�ly North Carolina Department of Transportation4s StOrrll�� ltt r' Highway Stormwater Program STORMWATER MANAGEMENT PLAN (Version 2.08; Released April 2018) FOR NCDOT PROJECTS WBS Element: SF-920009 TIP No.: 17BP.5.R.72 Count ies : Warren Franklin Page 1 of 2 General Project Information WBS Element: SF-920009 ITIP Number: 17BP.5.R.72 Project Type: Bridge Re lacement Date: 2/1/2019 NCDOT Contact: Galen Cail Contractor / Desi ner: Frank F. Fleming Address: 1000 Birch Ridge Drive Raleigh, NC 27610 Address: 1151 SE Cary Parkway Suite 101 Cary, NC 27518 Phone: 919-707-6711 Phone: 919-557-0929 Email: gcail@ncdot.gov Email:,ffleming@ecologicaleng.com City/Town: Warrenton Count ies : Warren Franklin River Basins : Tar -Pamlico CAMA County? No No Wetlands within Project Limits? Yes Project Description Project Length (lin. miles or feet): 0.10 Surrounding Land Use: IRural residential, farmland Proposed Project Existing Site Project Built -Upon Area ac. 0.8 ac. 0.5 ac. Typical Cross Section Description: 3@12'x8' RCBC 1 @22' reinforced concrete slab on reinforced concrete full height abutments on pile footings Annual Avg Daily Traffic (veh/hr/day): Design/Future: 1940 Year: 2038 Existing: 970 Year: 2018 General Project Narrative: (Description of Minimization of Water Quality Impacts) State projects SF-920009 involves the replacement of the existing NCDOT Bridge #920009 on NC-58 over Shocco Creek. Bridge #920009 consists of 1 @22' reinforced concrete slab on reinforced concrete full height abutments on pile footings. The proposed crossing is located in Zone AE of FIRM Map number 3720286800K and was studied by "Limited Detailed" methods. No proposed deck drains. Proposed culvert #920009 consists of 3@12'x8' RCBC. SF-920009 begins at STA. 15+75 -L-. Waterbody Information Surface Water Body (1): Shocco Creek Overflow NCDWR Stream Index No.: 28-79-22-6 NCDWR Surface Water Classification for Water Body Primary Classification: Class C None None Supplemental Classification: Nutrient Sensitive Waters(NSW) None None Other Stream Classification: None None None None None Impairments: None None None None None Aquatic T&E Species? No Comments: None NRTR Stream ID: Buffer Rules in Effect: Tar -Pamlico Project Includes Bridge Spanning Water Body? iYes I Deck Drains Discharge Over Buffer? No Dissi ator Pads Provided in Buffer? INo Deck Drains Discharge Over Water Body? No (If yes, provide justification in the General Project Narrative) (If yes, describe in the General Project Narrative; if no, justify in the General Project Narrative) (If yes, provide justification in the General Project Narrative) Highway North Carolina Department of Transportation 51r11"Il nv11(C Highway Stormwater Program STORMWATER MANAGEMENT PLAN " (Version 2.08; Released April 2018) FOR NCDOT PROJECTS WBS Element: SF-920009 TIP No.: 1713P.5.R.7�County(ies): Warren Franklin Page 2 of 2 Bridge to Culvert Avoidance and Minimization Proposed Structure Summary Sheet No. & Station ISheet No.: 4 Station: 17+94 -L- Number of Barrels: 1 3 Drainage Area (ac or sq mi): 711 S . Miles Barrel Width/Diameter (ft): 12' Surface Water Body: 1 Shocco Creek Overflow Barrel Height (ft): 8' Culvert Type: Reinforced Concrete Box Culvert Culvert Length (ft) 57.6' Avoidance and Minimization Efforts: Erosion Control - Bank stabilization with Class II rip rap at 1.5:1 Rock Plating will be utilized on the left (Upstream side) in order to minimize (Bridge to Culvert) wetland impacts. Impervious dikes will be used for the construction of the culvert. Silt fence will be installed along the fill slopes. During the construction of the proposed culvert and roadway there shall be minimal clearing of vegetation on the existing shoulders and side slopes. Native seeding and mulching will be applied to excavated existing roadway embankment. Stream Slope Fish and/or Aquatic Life Passage Existing Average Stream Slope (%): NA % Existing Low Flow Channel Dimensions in the Stream: NA - No channel - overflow structure Proposed Culvert Slope (%): 1 0.35 % Culvert Burial Proposed Culvert Burial Depth (ft): 1.0' Existing Streambed Material: Sand/Silt Proposed Low Flow Dimensions 36' wide base channel. W/ 2:1 SS Through the Culvert: Proposed Sills/Baffles: NA Existing Low Flow Velocities in the NA - overflow channel Stream (ft/s): Proposed Low Flow Velocities Through NA -overflow channel the Culvert (ft/s): Alternating Low Flow Sills/Baffles: NA Culvert/Stream Alignment Stream Patterns Upstream and No existing channel. Overflow structure. Downstream of the Culvert that Could Affect Fish Passage and Bank Stability: Bed Forms Impacted by Culvert (riffles, NA pools, glides, etc.): Low Flow Floodplain Bench Required? No (provide justification) Bends at Inlet/Outlet? No (describe culvert alignment with stream) Stream Realignment Necessary? (provide No justification) Bank Stabilization: Class II Rip Rap Outlet Velocities Natural Stream Channel 2-yr Velocity (ft/s): 1 0.6 Natural Stream Channel 10-yr Velocity (ft/s): 1.1 Proposed Culvert 2-yr Outlet Velocity (ft/s): 2.8 jProposed Culvert 10-yr Outlet Velocity (ft/s): 5.8 Roadway Geometric Considerations Evaluate/Describe Roadway Geometric Constraints: A meeting with US Fish and Wildlife and other stakeholders was held on site on 1 /26/2017 to discuss alternative alignments and structure types for the replacement of the two bridges. See discussion items below. There was general consensus to realign the road to the West. There was general consensus that the replacement structure of the overflow bridge (Warren 09) can be a RC Box Culvert. The entire existing roadway embankment is to be removed to natural ground between the tie-ins with the new and old alignment. This area will be stabilized with Native Seed Mix and matted. W O ti H ;m If 1627 Shorro old Neck Read 1629 odd 1628 Mante Ernest P. Turner 'f�'anch Leek R ad Road 1407 1649 Schloss Road Perry Road 1407 a adw 4� R ' Road IsiIPI-s (;reek FR �}4' S8 94 1628 14D7 Ernest A. Schloss WARREN TUYner WARREN Road Road FRANKLIN Shnau W UXI'y Creek 1442 shr,"" Vaiden Rad 1442 C—k valdn Ruad PROJECT LOCATION 1445 ss Thomas san Rodd 1436 Laurel vllL eeRoadme 1446 1446 GolA BnnA < ;,.Id Sand woad church Road Wood Church 1451 F.. S,l, Mid le Sch. Road Norwood G'Pt- 144❑ Road ce�ne.aal. sp2—west Road roy.2w 1473 '^ Reynolds Road 1441 1451 1441 Perry Gu Ptnrl Leonard Collins -Mill Road Road Road VICINITY MAP See Sheet 1A For Index of Sheets See Sheet 1 B For Conventional Symbols S"I'Arl'E OF \ORrl'I < CAROLINA DIVISION OF HIGHWAYS WARREN. COUNTY LOCATION. BRIDGE NO. 9 OVER OVERFLOW FOR SHOCCO CREEK ON NC 58 TYPE OF WORK: GRADING, DRAINAGE, PAVING, AND CULVERT WETLAND AND SURFACE WATER IMPACTS PERMIT G g6� / TO N i SITE 1 BEGIN STATE PROJECT 17BP5R72' —L— POT STA/5t75DO I Y, s rn Tv, elk\ SITE SITE STA18 STATH PHOIHCT HHPHHHNCH NO. 8186'f N0. TOTwL SHBB'r8 N.C. 1713P.5.R.72 STwTH PIIOl.NQ P.wP110LNQ 085C41PT[ON 17BP.5.R.72 WA PE 17131".5.11.72 WA ROW 17BP.5.R.72 WA UTILITIES END STATE lPfWEC —L— POC A21+5O, CULVERT —L— STA1B+14+/— k k L% TD STA 20 25 T Itk K KI J f � Y%fir -Jim I BEGIN CULVE —L— POT ST f1+74+/ ",k" "k �, � k r k kkk%�•—%l k P � lyk kkk k kkk kk k� Ikk // >y'� �/ I Ili 17BP.5.R.72 PERMIT DRAWING SHEET 1 OF 4 O a�SRS NP rR�B/r 60T)640 T 0M CLEARING ON THIS PROJECT SHALL BE TO LIMITS ESTABLISHED USING METHOD III. DOCUMENT NOT CONSIDERED FINAL THIS PROJECT IS NOT WITHIN ANY MUNICIPAL BOUNDARIES. UNLESS ALL SIGNATURES COMPLETED GRAPHIC SCALES 50 25 0 50 l00 DESIGN DATA 2018 ADT = 970 VPD 2038 ADT = 1940 VPD V = 45 MPH CLASS =MAJOR COLLECTOR SUBREGIONAL TIER PROJECT LENGTH LENGTH ROADWAY STATE PROJECT 17BP.5.R.72 = 0.101 mi. LENGTH STRUCTURES STATE PROJECT 17BP.5.R.72 = 0.008 mi. TOTAL LENGTH STATE PROJECT 17BP.5.R.72 = 0.109 mi. Prepared it flee Offices of, HYDRAULICS ENGINEER PE SIGNATURE.- ®� ®�pPo �� c� ae 4® �1 T6'<A�•� S T E WA R T n WAv" �vhb 1HREnglnooi eNc PC.1c-37051 �rl e 3alt.sdd Ra1e191,,NC275h5 PLANS 50 25 0 50 100 2018 STANDARD SPECIFICATIONS ANDY YOUNG, PE RIGHT OF WAY DATE: APRIL 10, 2018 PROJECT ENGINEER MICHAEL BURNS, PE ROADWAY DESIGN ENGINEER PE slcrnTURE: RIGHT OF WAY COMPLETE: PROFILE (HORIZONTAL) 10 5 0 10 20 PROJECT DESIGN ENGINEER LISA GILCST, El LETTING DATE: DECEMBER 12, 2018 NCDOTHRIHRICONTACT PROFILE (VERTICAL) WETLAND AND SURACE WATER IMPACTS SUMMARY Site No. Station (From/To) Structure Size / Type Permanent Fill In Wetlands (ac) Temp. Fill In Wetlands (ac) Excavation in Wetlands (ac) Mechanized Clearing in Wetlands (ac) Hand Clearing in Wetlands (ac) Permanent SW impacts (ac) Temp. SW impacts (ac) Existing Channel Impacts Permanent (ft) Existing Channel Impacts Temp. (ft) Natural Stream Design (ft) 1 15+90 to 16+78 -L- 3 @ 12- X 8- RCBC 0.03 2 16+74 to 19+46 -L- 3 @ 12- X 8- RCBC 0.14 0.01 0.09 3 19+65 to 21+25 -L- 3 @ 12- X 8- RCBC 0.05 TOTALS*: 0.17 0.01 0.14 0 0 0 *Rounded totals are sum of actual impacts NOTES: 2018 Feb I lid hw�ly North Carolina Department of Transportation4s StOrrll�� ltt 3' Highway Stormwater Program STORMWATER MANAGEMENT PLAN �- (Version 2.08; Released April 2018) FOR NCDOT PROJECTS WBS Element: SF-340066 TIP No.: 17BP.5.R.87 Count ies : Franklin Warren Page 1 of 1 General Project Information WBS Element: SF-340066 ITIP Number: 17BP.5.R.87 Project Type: Bridge Re lacement Date: 2/1/2019 NCDOT Contact: Galen Cail Contractor / Desi ner: Frank F. Fleming Address: 1000 Birch Ridge Drive Raleigh, NC 27610 Address: 1151 SE Cary Parkway Suite 101 Cary, NC 27518 Phone: 919-707-6711 Phone: 919-557-0929 Email: gcail@ncdot.gov Email:,ffleming@ecologicaleng.com City/Town: Warrenton Count ies : Franklin Warren River Basins : Tar -Pamlico CAMA County? No No Wetlands within Project Limits? Yes Project Description Project Length (lin. miles or feet): 0.099 miles Surrounding Land Use: IRural residential, farmland Proposed Project Existing Site Project Built -Upon Area ac. 0.8 ac. 0.5 ac. Typical Cross Section Description: Two 11' paved lanes, two 6' shoulders. Two 10' lanes, two 4' paved shoulders. Annual Avg Daily Traffic (veh/hr/day): Design/Future: 1940 Year: 2038 Existing: 970 Year: 2018 General Project Narrative: (Description of Minimization of Water Quality Impacts) State project SF-340066 involves the replacement of the existing NCDOT Bridge #340066 on NC-58 over Shocco Creek. Bridge #340066 consists of 1 @41'-7" reinforced concrete deck on girders with reinforced concrete vertical abutments on pile footings. The proposed crossing is located in Zone AE of FIRM Map number 3720286800K and was studied by "Limited Detailed" methods. No proposed deck drains.Proposed bridge #340066 conssits of 1 @105', 1 @25' 39" box beam. SF-340066 terminates at STA. 15+75 -L-. Waterbody Information Surface Water Body (1): Shocco Creek NCDWR Stream Index No.: 28-79-22-6 NCDWR Surface Water Classification for Water Body Primary Classification: Class C None None Supplemental Classification: Nutrient Sensitive Waters(NSW) None None Other Stream Classification: None None None None None Impairments: None None None None None Aquatic T&E Species? Yes Comments: Mussels NRTR Stream ID: Buffer Rules in Effect: Tar -Pamlico Project Includes Bridge Spanning Water Body? iYes I Deck Drains Discharge Over Buffer? No Dissi ator Pads Provided in Buffer? INo Deck Drains Discharge Over Water Body? No (If yes, provide justification in the General Project Narrative) (If yes, describe in the General Project Narrative; if no, justify in the General Project Narrative) (If yes, provide justification in the General Project Narrative) tl-% 00 0 • 04 V W O ti H C C) 4- 0 [1 V M N C C O L 0 0 C E C 0 L C w F- C) 0 ao L IN-0. T ro& 1627 Shorro Old Neck Ruad 1629 dd 1628 'N°n1e Ernest A. Turner ancll treek R ad Road 1407 1P649 Schloss Road erry Road 1407 a adw 10 R ' Road g Mir,Ts (;eek 94 1628 1407 Ernest A. Schloss WARREN TUYner Road .OUNTY Road FRANKLfN Shoau W UXI/Y Creek 1442 sh�ar� vAden Road 1442 C—k valdn Rudd PROJECT LOCATION 1445 Thomas Rodd 1436 Ldurel NIII- eeRoadllle 1446 1446 GolA BnnA < ;,.Id sand woad cnurch Roatl Wood Church 1451 F.. S. Middle Sch. Road Norwood GUVtun Road ce�reeraale 7 Spe Rrle West Road Pay. l09 1473 ^ Reynolds Road 1441 1451 1449 Perry Gupmn Leonard eolllns-Mill Road Road Road VICINITY MAP See Sheet IA For Index of Sheets See Sheet I B For Conventlonal Symbols S"I'A'I'E OF \OR"I'I< CAROLINA DIVISION OF HIGHWAYS FRANKLIN COUNTY LOCATION. BRIDGE NO. 66 OVER SHOCCO CREEK ON NC 58 TYPE OF WORK: GRADING, DRAINAGE, PAVING, AND STRUCTURE WETLAND AND SURFACE WATER IMPACTS PERMIT G g6� / TO N i 4 Co �¢ / SITE 2 END BRIDGE / —L— POT S7-AI5+52+/— BEGIN BRIDGE END STATE PROJECT I7BP.SRB7 —L— POC STAI4+22+/— / —L— POT STAI5+75D0 -L , STA18 STATH PHOfHCT HHPHHHNCH NO. 8IB6'f N0. TOTwL SHBB'r8 MC 17BP.5.R.87 � STwTH PIIOl.NQ P.wP110LNQ 08SC41PT[ON 17BP.5.R.87 WA PE 17BP.5.R.87 WA ROW 17BP.5.R.87 WA UTILITIES Ili PERMIT DRAWING SHEET 1 OF 4 O a�SRS NP SR " I --— — — — — — — — --- 640 BQ TO - k%p'pC°�'°,���Tr�w���t III\ SITE 1 %/k kk1• kv /� % €f BEGIN STATE PROJECT 17BP5.RF7 \ \ZI0 —L— POT STA10+5000 CLEARING ON THIS PROJECT SHALL BE TO LIMITS ESTABLISHED USING METHOD III. DOCUMENTNOTCONSIDERED FINAL THIS PROJECT IS NOT WITHIN ANY MUNICIPAL BOUNDARIES. UNLESS ALL SIGNAruREs coMPLETED GRAPHIC SCALES 50 25 0 50 100 DESIGN DATA 2018 ADT = 970 VPD 2038 ADT = 1940 VPD V = 45 MPH CLASS =MAJOR COLLECTOR SUBREGIONAL TIER PROJECT LENGTH LENGTH ROADWAY STATE PROJECT 17BP.5.R.87 = 0.074 mi. LENGTH STRUCTURES STATE PROJECT 17BP.5.R.87 = 0.025 mi. TOTAL LENGTH STATE PROJECT 17BP.5.R.87 = 0.099 mi. Prepared in the Offices of.• HYDRAULICS ENGINEER PE SIGNATURE.- ®G WORF a� 4® �1 TRA��� S T E WA R T lib VHREnyi gNCPC(L-37a5) pISR°';6�ote500 PLANS 50 25 0 50 100 2018 STANDARD SPECIFICATIONS ANDY YOUNG, PE RIGHT OF WAY DATE: APRIL 10, 2018 PROJECT ENGINEER MICHAEL BURNS, PE ROADWAY DESIGN ENGINEER P.E. slcrnTURE: RIGHT OF WAY COMPLETE: PROFILE (HORIZONTAL) 10 5 0 10 20 PROJECT DESIGN ENGINEER LISA GILCST, El LETTING DATE: DECEMBER 12, 2018 NCDOTHRIHRICONTACT PROFILE (VERTICAL) 0 Pt Sto 10+25.00 A = 0* Or 4I.P (LT) D = 0' OX 23.4' L = 50.OY T = 25.OY R = /01,429.68' PC Ste WOODS VAR. P.S. GREU TL-2 -L- Pt Sto 13+66.23 A = 27' 33' l29' (RT) D = la 4Z 34Z L = 257.28' T = 01.18' R = 535A0' S= 4% Run,off = l00' Vo = 40 MPH DETAIL 1 BANK STABILIZATION ,Hmm s�aLl 3.0'min. 45 J 2.0' OEOT—ILE Type of Liner= CLASS II RIPRAP STA 15+20 L SITE 1 O END BEG -L- F SITE 2� R=20 3 Ii 3V F _ E . / + REMOVAL OF EXISTING N BRIDGE & EXCAVATION SEE DETAIL N / EST 50 TON NOTE: SO -�' EXISTING ROAD BEWiL BE D / I / NATURALREMOVED GROUND TO ETAIN WOODS BEGIN STATE PROJECT I7BP5R.87 O SITE 1J PAVEMENT -BRIDGE RELATIONSHIP SKETCH TYPE-111 r' VAR. P.S. TYPE -III � GREU TL-2 MIN. 4" BRIDGE OFFSETS 'L~" /0.44 VAR. P.S. END APPROACH SLAB -L- Sta.15+64.56 TYPE -III TYPE -III oCn END BRIDGE -L- Sta.15+53.69 5 .1 -GIN BRIDGE S N'ER - Sta.14+21.31 ( RT.) NOT&NOT To LA 50' o' I00, PROJECT REFERENCE NO. SHEET NO. 17BP5.R.87 4 ROADWAY DESIGN HYDRAULICS SCALE50 ENGINEER ENGINEER 25 01GRAPHIC N7p INSET SCALE O PI �� � b�_ '`rhb S T E WA R T VHR L�Ul" C-1, N-1 «-320� "" L' DOCUMENT NOT CONSIDERED FINAL UNLESS ALL SIGNATURES COMPLETED PERMIT DRAWING SHEET 2 OF 4 ®DENOTES IMPACTS IN SURFACE WATER ®DENOTES TEMPORARY IMPACTS IN SURFACE WATER U. 10 TV OAAJ 1+92J3 Z BANK STABILIZATION �K � `y/e\ SEE DETAIL EST 170 TONS / \ \ / < EST 200 SY GEOTEXTILE yr \ er .� \ ,k ,� .� ,K,'✓ �,�! WOODS lo NI NC 58 24' B WOODS /WWI// NWO ww SHLDR. �� ,� k tt ,� ,� .� ,� lk lLT.& RT.) C 5 �'k �.� .. .. ... .. _ ,� WW_ 0 NC 58 20_BST * kk \ WOODS �� `k 'k m, kk �A woods ���I I �� \"� �\ ;� �� �� �,� � �� �'klk lk ` \'k �AE'k��5 0 FOR -L- PWIMSEE SHEET 5 FOR STRUCTURE PL*%SEE SHEETS S-ITHRU S-? C, A 0 —L— Pt Sto 10+25.00 Pl Sto 13+66.23 A = 0' OP 4LT (LT) A = 27' 33' l29' (RT) D = 0' OY 23.4' D = la 4Z 34Z L = 50.00' L = 2572ff T = 25.00' T = l3IJ8' R = /01,429.68' R = 535A0' S= 4% Run,off = l00' TS S- WOODS Vo = 40 MPH IN� r DETAIL 1 BANK STABILIZATION ,Hmm s�aLl 3.0'min. 45 J 2.0' GEOT—ILE Type of Liner= CLASS II RIPRAP STA 15,20 L SITE 1 O END BEG —L— P SITE 2� ' F I PAVEMENT —BRIDGE RELATIONSHIP SKETCH I VAR. P.S. TYPE-111 GREU TL-2 r' TYPE -III VAR. P.S. GREU TL-2 BEG MIN. 4" BRIDGE OFFSETS —L— 44 VAR. P.S. 'D APPROACH SLAB — Sta.15+64.56 TYPE —III TYPE -III ND BRIDGE L— Sta.15+53.6-9 5 .1 N BRIDGE S N'ER Sta.14+21.31 ( RT.) MOT ,NOT To CA PROJECT REFERENCE NO. SHEET NO. so/ of 100, 17BP5R.87 4 ROADWAY DESIGN HYDRAULICS ENGINEER ENGINEER 25 C GRAPHIC SCALE 50 NP - INSET SCALE PI �'Lb�_'vhb STEWART PEi,glnr:d... 9a, �aI;P.N DOCUMENT NOT CONSIDERED FINAL UNLESS ALL SIGNATURES COMPLETED PERMIT DRAWING SHEET 3 OF 4 DENOTES IMPACTS IN / SURFACE WATER i ® DENOTES TEMPORARY IMPACTS IN SURFACE WATER I O I BANK STABLIZATION SEE DETAIL 1 'K EST DE170 TONS W '� EST 200 SY GEOTEXTILE �t ,'✓ k k NC 58 20'BST ,, O kk � � �kk \1 \ � kk *� �� ,* r �� lk I*k, lk lk y 4 w��- FOR -L- PWFIMSEE SHEET 5 FOR STRUCTURE PL*%SEE SHEETS S-ITHRU Sll WETLAND AND SURACE WATER IMPACTS SUMMARY WETLAND IMPACTS SURFACE WATER IMPACTS Site No. Station (From/To) Structure Size / Type Permanent Fill In Wetlands (ac) Temp. Fill In Wetlands (ac) Excavation in Wetlands (ac) Mechanized Clearing in Wetlands (ac) Hand Clearing in Wetlands (ac) Permanent SW impacts (ac) Temp. SW impacts (ac) Existing Channel Impacts Permanent (ft) Existing Channel Impacts Temp. (ft) Natural Stream Design (ft) 1 14+39 to 14+86 -L- Bank Stabilization < 0.01 < 0.01 40* 82 2 14+90 to 15+25 -L- Bank Stabilization < 0.01 < 0.01 60* 71 TOTALS": < 0.01 0.01 100 153 0 *Rounded totals are sum of actual impacts NOTES: *Sites 1 &2: Permanent existing channel impacts are coincident with temporary existing channel impacts. 2018 Feb I lid hw�ly North Carolina Department of Transportation4s StOrrll�� ltt 3' Highway Stormwater Program STORMWATER MANAGEMENT PLAN �- (Version 2.08; Released April 2018) FOR NCDOT PROJECTS WBS Element: SF-340066 TIP No.: 17BP.5.R.87 Count ies : Franklin Warren Page 1 of 1 General Project Information WBS Element: SF-340066 ITIP Number: 17BP.5.R.87 Project Type: Bridge Re lacement Date: 2/1/2019 NCDOT Contact: Galen Cail Contractor / Desi ner: Frank F. Fleming Address: 1000 Birch Ridge Drive Raleigh, NC 27610 Address: 1151 SE Cary Parkway Suite 101 Cary, NC 27518 Phone: 919-707-6711 Phone: 919-557-0929 Email: gcail@ncdot.gov Email:,ffleming@ecologicaleng.com City/Town: Warrenton Count ies : Franklin Warren River Basins : Tar -Pamlico CAMA County? No No Wetlands within Project Limits? Yes Project Description Project Length (lin. miles or feet): 0.099 miles Surrounding Land Use: IRural residential, farmland Proposed Project Existing Site Project Built -Upon Area ac. 0.8 ac. 0.5 ac. Typical Cross Section Description: Two 11' paved lanes, two 6' shoulders. Two 10' lanes, two 4' paved shoulders. Annual Avg Daily Traffic (veh/hr/day): Design/Future: 1940 Year: 2038 Existing: 970 Year: 2018 General Project Narrative: (Description of Minimization of Water Quality Impacts) State project SF-340066 involves the replacement of the existing NCDOT Bridge #340066 on NC-58 over Shocco Creek. Bridge #340066 consists of 1 @41'-7" reinforced concrete deck on girders with reinforced concrete vertical abutments on pile footings. The proposed crossing is located in Zone AE of FIRM Map number 3720286800K and was studied by "Limited Detailed" methods. No proposed deck drains.Proposed bridge #340066 conssits of 1 @105', 1 @25' 39" box beam. SF-340066 terminates at STA. 15+75 -L-. Waterbody Information Surface Water Body (1): Shocco Creek NCDWR Stream Index No.: 28-79-22-6 NCDWR Surface Water Classification for Water Body Primary Classification: Class C None None Supplemental Classification: Nutrient Sensitive Waters(NSW) None None Other Stream Classification: None None None None None Impairments: None None None None None Aquatic T&E Species? Yes Comments: Mussels NRTR Stream ID: Buffer Rules in Effect: Tar -Pamlico Project Includes Bridge Spanning Water Body? iYes I Deck Drains Discharge Over Buffer? No Dissi ator Pads Provided in Buffer? INo Deck Drains Discharge Over Water Body? No (If yes, provide justification in the General Project Narrative) (If yes, describe in the General Project Narrative; if no, justify in the General Project Narrative) (If yes, provide justification in the General Project Narrative) a M 00 mi ;5 If s_ tl-% 00 0 • 04 V W 0 ti H 1627 Sharro Old Neck Read 1629 odd 1628 'N°n1e Ernest A. Turner ancll treek R ad Road 1407 1P649 Schlass Road erry Road 1407 a adw 10 R' Road lingiov' 94 1628 1407 Ernest A. Schloss WARREN TUYner Road ,QN`rY Road FRANKLfN Shoau W UXI'y Creek 1442 sh as vAden Road 1442 C—k valdn Ruad PROJECT LOCATION 1445 ss Thomas �aa Rodd 1436 Laurel MIII- eeRoadme 1446 1446 Golrl BnnA < as s'ana woad church Road Wood Church F.I<�r,,. 1,1, 1451 Middle Sch. Road Norwaod cup d 1le Road A cr,ne.aal. 7 spLa� wee Road Pay. edd 1473 '^ Reynolds Road 1441 1451 1449 Perry Gupmn Leonard Collins -MITI Rand Road Road VICINITY MAP See Sheet IA For Index of Sheets See Sheet I B For Conventlonal Symbols S"I'A'I'E OF \OR"I'I< CAROLINA DIVISION OF HIGHWAYS FRANKLIN COUNTY LOCATION. BRIDGE NO. 66 OVER SHOCCO CREEK ON NC 58 TYPE OF WORK: GRADING, DRAINAGE, PAVING, AND STRUCTURE G g6� TO N BUFFER IMPACTS PERMIT BEGIN BRIDGE —/ — vry CT A -L , BEGIN STATE PROJECT ffBP5.RU —L— POT STA/0+50.00 STA18 STATH PHOfHCT HHPHHHNCH NO. 8eB6'f N0. TOTwL SHBB'r8 MC 17BP.5.R.87 � STwTH PIIOl.NQ P.wP110LNQ 08SC41PT[ON 17BP.5.R.87 WA PE 17BP.5.R.87 WA ROW 17BP.5.R.87 WA UTILITIES / SITE 1 SITE 2 LEND E TA/5+52+/— STATE PROJECT l7BP.S.RB7 !2+/— OT STA15+75D0 ••��'? l��kk+ 1kµJ rk�r BUFFER DRAWING SHEET 1 OF 4 —_____-- k k'kk % k! k\ 1 k�%� kkkk tk kk k Y I:Kk F"�k%r�kk kkk %rtk kk%kk kkk 'Fi /k // kkk/ Fk�.YI/ k�'€•(^Y"k \'iikk"k�r !� f \kk kkk kkk% kkkk %1 "0 f� r1/- lkl� R� k k � �i � k % %k � � k k k 6- k \� s\ I`kk k\ kkk kkk�t Yk kp� „ �`��k k'kkkk kkkk C6T,\ sk'kk�k (k kkk µkk OAK l kkk/ >y '�'r ley kkkY �µM1 'V�j�+�I� p\\ \k kk.Pk l k\ k kk`k�kk k �Y Ikk/ k /I k kkk+k .ykk k \� 1kr'k k\l— kkC Gk krt kkl O a�SRS NP rR�B/r S/ )640 T 0M CLEARING ON THIS PROJECT SHALL BE TO LIMITS ESTABLISHED USING METHOD III. DOCUMENT NOT CONSIDERED FINAL THIS PROJECT IS NOT WITHIN ANY MUNICIPAL BOUNDARIES. UNLESS ALL SIGNATURES COMPLETED GRAPHIC SCALES 50 25 0 50 100 DESIGN DATA 2018 ADT = 970 VPD 2038 ADT = 1940 VPD V = 45 MPH CLASS =MAJOR COLLECTOR SUBREGIONAL TIER PROJECT LENGTH LENGTH ROADWAY STATE PROJECT 17BP.5.R.87 = 0.074 mi. LENGTH STRUCTURES STATE PROJECT 17BP.5.R.87 = 0.025 mi. TOTAL LENGTH STATE PROJECT 17BP.5.R.87 = 0.099 mi. Prepared it flee Offices of, HYDRAULICS ENGINEER PE SIGNATURE.- ®� WORF C �1 TRIA S T E WA R T n WA Wbry vHBEN PC1C-3'O51 j1"Mp "_e.51te 50 PLANS 50 25 0 50 100 2018 STANDARD SPECIFICATIONS ANDY YOUNG, PE RIGHT OF WAY DATE. APRIL 10, 2018 PROJECT ENGINEER MICHAEL BURNS, PE ROADWAY DESIGN ENGINEER P.E. slcrnTURE: RIGHT OF WAY COMPLETE: PROFILE (HORIZONTAL) 10 5 0 10 20 PROJECT DESIGN ENGINEER HRI CEl HRI LISA GIL LETTING DATE. DECEMBER 12, 2018 NCDOTCONTACT PROFILE (VERTICAL) 0 a� 7S Pt Sto 10+25.00 Pl Sto 13+66.23 A = 0' Or 4I.P (LT) A = 27' 33' l29' (RT) D = 0' 03' 23.4' D = la 42' 34.2' L = 50.00' L = 257.28' T = 25.00' T = l3IJ8' R = /01,429.68' R = 535A0' S= 4% Run,off = l00' Vo = 40 MPH PC Sto.10+00.00 \ 1NC 5 V 0. OPS 50' LT R— WOODS = AIN DETAIL 1 BANK STABILIZATION ,Hmm s�aLl 3.0'min. 45 J 2.0' OEOTP ILE Type of Liner= CLASS II RIPRAP STA 15+20 L Y3U ­l F WOODS m SITE 1 REMOVAL OF EXISTING N BRIDGE & EXCAVATION SEE DETAIL EST 50 TON NOTE: EXISTING ROAD BED WILL BE REMOVED TO NATURAL GROUND O PAVEMENT —BRIDGE RELATIONSHIP SKETCH I VAR. P.S. TYPE-111 GREU TL-2 IL ' TYPE —III � � VAR. P.S. GREU TL-2 BEG MIN. 4" BRIDGE OFFSETS —L- 44 VAR. P.S. 'D APPROACH SLAB — Sta.15+64.56 TYPE —III TYPE —III ND BRIDGE L— Sta.15+53.69 5 .1 N BRIDGE S N'ER Sta.14+21.31 ( RT.) MOT ,NOT To LA s0/ of 100, PROJECT REFERENCE NO. SHEET NO. 17BP5.R.87 4 ROADWAY DESIGN HYDRAULICS GRAPHIC SCALE ENGINEER ENGINEER N7p O VA .�f b�_ vhb III Enul1—,I1,u N� P_ IL-E'LSJ S T E WA R T �riyn' N ILI DOCUMENT NOT CONSIDERED FINAL UNLESS ALL SIGNATURES COMPLETED BUFFER DRAWING SHEET 2 OF 4 ALLOWABLE IMPACTS ZONE 1 ® ALLOWABLE IMPACTS ZONE 2 U. lJW0AJU 1+9233 / SITE 2" BANK STABILIZATION SEE DETAIL EST 170 TONS EST 200 SY GEOTEXi59 LT yr \ er .� \ .k ,� .� ,K,'✓ �! � '"�.�'A � �� WOODS kk d \\ v �EXISTRIC N• 4 i k k i NC 59 24'B WOODS WlWW�// ' x,sn p .. .. .. .. � � / ii .�- — 'k Y; � 'k � 'k �x�n \ \ H W SHL APER ii _'k xe 'k �kk (LT. & RT.) C �� 5 'k �.� .. .. .'� .. .. 0lk NC M 20_BST / W/'RWr �y;—��.k ' _91M��� ,k ,k `k t Y `k k `k xye •�\ I � � xis � WOODS ,NC .. .. .. .. � �� � � � � 1k � i M m, A WOODS /`k 1 q/ Y� �k ` \ye � ,k kk 1 \ ye 'k w" f -sir F \ �� \k� \\ ., / � �. � � mkt` ,� �\k js kk kk 'k� �� �I ISM �� 'k��5 kk lk lk O ltr ,�kk \k kk kk k 'k 0 FOR —L— PROFIMSEE SHEET 5 FOR STRUCTURE PL*%SEE SHEETS S—ITHRU Sll RIPARIAN BUFFER IMPACTS SUMMARY IMPACTS BUFFER TYPE ALLOWABLE MITIGABLE REPLACEMENT Site Station Structure ROAD PARALLEL No. (From/To) Size / Type CROSSING IMPACT BRIDGE ZONE 1 ZONE 2 TOTAL ZONE 1 ZONE 2 TOTAL ZONE 1 ZONE 2 (ftZ) (ftZ) (ftZ) (ftZ) (ftZ) (ftZ) (ftZ) (ftZ) 1 14+08 to 15+02 -L- X 3489 759 4249 1 13+62 to 14+28 -L- X 502 1637 2139 2 14+85 to15+52 -L- X 3601 1335 4936 2 15+52 to 16+13 -L- X 584 2167 2752 TOTALS*: 8177 1 5898 1 14075 0 0 0 0 0 NOTES 2018 Feb United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 February 12, 2019 Christopher A. Murray, PWS North Carolina Department of Transportation 2612 North Duke Street Durham, NC 27704 Dear Mr. Murray: This letter is in response to your letter of February 8, 2019 which provided the U.S. Fish and Wildlife Service (Service) with the biological conclusion of the North Carolina Department of Transportation that the replacement of Bridge No. 9 on NC 58 over Overflow to Shocco Creek in Warren County may affect, but is not likely to adversely affect the federally endangered Dwarf Wedgemussel (Alasmidonta heterodon), the federally endangered Tar River Spinymussel (Parvaspina steinstansana), the federally threatened Yellow Lance (Elliptio lanceolate), and the federally proposed threatened Atlantic Pigtoe (Fusconaia masoni). The following response is provided in accordance with Section 7 of the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. 1531-1543). An adjacent bridge over Shocco Creek (Bridge No. 340066) will utilize the Programmatic Biological Opinion for Bridge and Culvert Replacements/RepairslRehabilitations in Eastern North Carolina, Divisions 1-8. We confirm this, and the remainder of this Ietter addresses Bridge No. 9 over Overflow to Shocco Creek only. The existing 22' long Bridge No. 9 over Overflow to Shocco Creek will be replaced with a 3@12' x 9' reinforced concrete box culvert. No suitable habitat for listed mussels exists at this bridge, and under normal flow conditions, there is no hydrological connection to Shocco Creek. However, the Yellow Lance was observed nearby in Shocco Creek in a March 30, 2017 mussel survey. The Dwarf Wedgemussel, Tar River Spinymussel, and Atlantic Pigtoe have also been observed elsewhere in Shocco Creek. Based on available information, the Service concurs with your conclusion that the action may affect, but is not likely to adversely affect the Dwarf Wedgemussel, Tar River Spinymussel, Yellow Lance, and Atlantic Pigtoe. The Atlantic Pigtoe is currently only a proposed species; however, this concurrence will be valid if and when the species becomes officially listed. We believe that the requirements of Section 7(a)(2) of the ESA have been satisfied. We remind you that obligations under Section 7 consultation must be reconsidered if: (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered in this review; (2) this action is subsequently modified in a manner that was not considered in this review; or (3) a new species is listed or critical habitat determined that may be affected by this identified action. The Service appreciates the opportunity to review this project. If you have any questions regarding our response, please contact Mr. Gary Jordan at (919) 856-4520 (Ext. 32). Sincerely, Pete Benjamin Field Supervisor Electronic copy: James Lastinger, USACE, Wake Forest, NC Travis Wilson, NCWRC, Creedmoor, NC Heather Montague, NCDOT, Durham, NC United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh ES Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 January 18, 2022 Christopher A. Murray North Carolina Department of Transportation 2612 North Duke Street Durham, NC 27704 Dear Mr. Murray: U.S. FISH & WILDL7 FE SERVICE � o= This letter is in response to your letter of January 14, 2022 which provided the U.S. Fish and Wildlife Service (Service) with the biological conclusion of the North Carolina Department of Transportation that the replacement of Bridge No. 9 on NC 58 over Overflow to Shocco Creek in Warren County may affect, but is not likely to adversely affect the federally endangered Carolina Madtom (Noturus furiosus) and the federally threatened Neuse River Waterdog (Necturus lewisi). The following response is provided in accordance with Section 7 of the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. 1531-1543). An adjacent bridge over Shocco Creek (Bridge No. 340066) will utilize the Programmatic Biological Opinion (PBO) for the Carolina Madtom/Neuse River Waterdog and the PBO for mussel species. We acknowledge this, and the remainder of this letter addresses Bridge No. 9 over Overflow to Shocco Creek only. The existing 22' long Bridge No. 9 over Overflow to Shocco Creek will be replaced with a 3@ 12' x 9' reinforced concrete box culvert. No suitable habitat for listed mussels exists in the vicinity of this bridge, and under normal flow conditions, there is no hydrological connection to Shocco Creek. However, the Yellow Lance (Elliptio lanceolate), Dwarf Wedgemussel (Alasmidonta heterodon), Tar River Spinymussel (Elliptio steinstansana), and Atlantic Pigtoe (Fusconaia masoni) are known to occur in the adjacent Shocco Creek. The Service previously provided concurrence with your May Affect, Not Likely to Adversely Affect biological conclusion in a letter dated February 12, 2019. Based on available information, the Service considers this concurrence still valid. No suitable habitat for the Carolina Madtom or Neuse River Waterdog occurs in the vicinity of Bridge No. 9. However, Neuse River Waterdogs are known to occur in the adjacent Shocco Creek, and suitable habitat is present for Carolina Madtoms in Shocco Creek. Based on available information, the Service concurs with your conclusion that the action may affect, but is not likely to adversely affect the Carolina Madtom and Neuse River Waterdog. We believe that the requirements of Section 7 (a) (2) of the ESA have been satisfied. We remind you that obligations under Section 7 consultation must be reconsidered if. (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered in this review; (2) this action is subsequently modified in a manner that was not considered in this review; or (3) a new species is listed or critical habitat determined that may be affected by this identified action. If you have any questions regarding our response, please contact Mr. Gary Jordan at garyjordan@fws.gov. Sincerely, h-wy)4� �� Pete Benjamin Field Supervisor Electronic copy: Andy Williams, USACE, Wake Forest, NC Travis Wilson, NCWRC, Creedmoor, NC Heather Montague, NCDOT, Durham, NC Catawba Indian Nation Tribal Historic preservation Office 1536 Tom Steven Road Rock Hill, South Carolina 29730 Office 803-328-2427 Fax 803.328-5791 January 17, 2020 Attention Christopher Murray NC Department of Transportation 2612 North Duke Street Durham, NC 27704 Re. THPO # Was # Project Description 2020-193-110 17BP.5.R.72 Replacement of Bridge 920009 on NC 58 over Shocco Creek Overflow in Warren Co. Dear Mr. Murray The Catawba have no immediate concerns with regard to traditional cultural properties, Sacred sites or Native American archaeological sites within the boundaries of the Proposed project areas. However, the Catawba are to be notified if Native American artifacts and 1 or human remains are located during the ground disturbance phase of this project. If you have questions please contact Caitlin Rogers at 803-328-2427 ext. 226, or e-mail caltlinh@ccpperafts.com. Sincerely, f r T�r..hcrren.c�,z VVenonah G. Haire Tribal Historic Preservation Officer Catawba Indian Nation Tribal Historic Preservation Office 1536 Tom Steven Road Rock Hill, South Carolina 29730 Office 803-328-2427 Fax 803.328-5791 January 17, 2020 Attention; Christopher Murray NC Department of Transportation 2612 North Duke Street Durham, NC 27704 Re. THPO # vV65 # Project 1)escription 2020-193-109 178P.5.R.87 Replacement of Bridge 340066 on NC 58 over Shocco Creek in Franklin County Dear Mr. Murray, The Catawba have no immediate concerns with regard to traditional cultural properties, sacred sites or Native American archaeological sites within the boundaries of the proposed project areas. However, the Catawba are to be notified if Native American artifacts and 1 or human remains are located during the ground disturbance phase of this project. If you have questions please contact Caitlin Rogers of 803-328-2427 ext. 226, or e-mail ca it l i n h @ccp perafts. cam . Sincerely, Arz- Wenonah G. Haire Tribal Historic Preservation Officer Project Tracking No. 16-09-0005 aa� .. NO ARCHAEOLOGICAL SURVEY REQUIRED FORM This form only pertains to ARCHAEOLOGICAL RESOURCES for this project. It is not valid ,p q for Historic Architecture and Landscapes. You must consult separately with the Historic . Architecture and Landscapes Group. PROJECT INFORMATION Project No: County: Franklin WBS No: 17BP.5.R.87 Document Federal Aid No: Funding: Federal Permit Required? ® Yes ❑ No Project Description: Federal Programmatic Categorical Exclusion ® State ❑ Federal Permit Type: Nationwide Replace Bridge 66 on NC 58 over Little Shocco Creek in Franklin County. The Area of Potential Effects (A.P.E.) is approximately 322 meters (1,056 ft.) long. No proposed width was provided. No design plans available. SUMMARY OF CULTURAL RESOURCES REVIEW Brief description of review activities, results of review, and conclusions: The review included an examination of a topographic map, an aerial photograph, and listings of previously recorded sites, previous archaeological surveys, and previous environmental reviews at the Office of State Archaeology (O.S.A.). The bridge is oriented approximately north -south. The topographic map (Centerville, N.C.) shows the bridge is located in a wide creek valley. The landform in the A.P.E. on the north side of the bridge is a wide, level floodplain. The landform in the A.P.E. on the south side is a narrow strip of floodplain and a steep ridge toe. The floodplain is depicted as wooded, usually indicating that it is poorly -drained (or else it would be cleared for agriculture). Poorly -drained floodplains have a low potential for archaeological sites. Steep landforms also have a low potential for archaeological sites. The aerial photograph shows that the A.P.E. is wooded in all four quadrants. The trees in the floodplain are deciduous hardwoods, and the trees on the uplands are coniferous pines. A review of information at the O.S.A. shows there are no previously recorded archaeological sites within or adjacent to the A.P.E. The A.P.E. is not within any areas that have been previously surveyed for archaeological sites. The A.P.E. is not within any projects that have been previously reviewed by the State Historic Preservation Office (HPO). A project located along NC 58 to the south of the A.P.E. has been reviewed. No survey was recommended. Brief Explanation of why the available information provides a reliable basis for reasonably predicting that there are no unidentified historic properties in the APE: The landforms in the A.P.E. have a low to moderate potential for archaeological sites. The landforms in the A.P.E. are floodplain (poorly -drained) and a steep ridge toe. "No ARCHAEOLOGY SUR VEYREQUIRED"form forMinor Transportation Projects as Qualified in the 2015 Programmatic Agreement Iof6 Project Tracking No. 16-09-0005 SUPPORT DOCUMENTATION See attached: ® Map(s) ❑ Previous Survey Info Photocopy of County Survey Notes FINDING BY NCDOT ARCHAEOLOGIST NO ARCHAEOLOGY SURVEY REQUIRED Caleb Smith NCDOT ARCHAEOLOGIST II ❑ Photos ❑Correspondence ❑ Other: 12/2/2016 Date "No ARCHAEOLOGY SUR VEYREQUIRED"form forMinor Transportation Projects as Qualified in the 2015 Programmatic Agreement 2of6 n I; arl� C3RAWLLE uEn�r � Ct srdmaor �, � i � atoll i �a �A £ i YeuaparllH 2ri r CJR-" y -- Wahl FEuitl I - WARREN MolFislri -�4LIFAk ;I � f r L;daiaMrq •- le.aaw O 4 N §sn+�lt4 µ7 ManwK W43 4rkr WVml HkP• !A� t Z.b.4.n ' ause Celv+ne. iA &opw 4 Y z Mr�LSdH Bm Clb 46 l�eR!rtverrerl l'Ca .HRCahl. Esrl: .rt I. Esrl�hate ;Hpnp NarFY EsrI ap mrtrihl� GI$ Vsw rly +Ir�� ���_,, `7Vo ARCHAEOLOGY SURVEY REQUIRED "formforMinor Transportation Projects as Qualified in the 2015 Programmatic Agreement 3 of 6 - r ?ftan , �j - nnz VRAINKUN . 7 \ Gold Sand . 1 1 ' `7Vo ARCHAEOLOGY SURVEY REQ UIRED "formforMinor Transportation Projects as Qualified in the 2015 Programmatic Agreement 4of6 7, Of �r 0 ' � k r \ da 1� op 140 70 0 140 Meters "No ARCHAEOLOGY SURVEY REQUIRED "form for Minor Transportation Projects as Qualified in the 2015 Programmatic Agreement 5of6 x.` �1• - is "i.. j 'J a'� i - .. .h r .�• ' gyp. --'��'.' _� DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 March 7, 2018 Regulatory Division Action ID No: SAW-2016-02261 Mr. Reid Nelson, Director Advisory Council on Historic Preservation Office of Federal Agency Programs 401 F Street NW, Suite 308 Washington, DC 20001-2637 Re: Memoranda of Agreement (MOA) for NCDOT, Replace Bridge Nos. 9 and 66, at the borders of Warren and Franklin Counties, North Carolina. The project will adversely affect the existing historic bridges. Dear Mr. Nelson: Enclosed please find a copy of the two MOA between the US Army Corps of Engineers, the North Carolina Department of Transportation (NCDOT), and the State Historic Preservation Office, that was developed to address the Adverse Effects of replacing Bridge Nos. 9 and 66 over Little Shocco Creek, and a floodplain channel, on NC Highway 58 at the borders of Warren and Franklin Counties, North Carolina, on the existing historic bridges. Inasmuch as it will be necessary to secure a Corps permit under the authority of the Clean Water Act for the bridge replacement, and there is no other known Federal action related to this project, the Wilmington District Corps of Engineers served as the lead Federal agency with respect to ensuring compliance with Section 106 of the Historic Preservation Act. A permit for the referenced project, if issued, will contain a condition that obligates NCDOT to comply with the provisions contained therein. In accordance with 36 CFR §800.6(b)(1)(iv), we are forwarding a copy of the two executed MOA for your records. If you have any questions or need additional information, please contact Eric Alsmeyer at the Raleigh Regulatory Field Office, telephone (919) 554-4884, extension 23. Sincerely, .� Scott J endon Chief, Regulatory Division Wilmington District Office Enclosures Copies furnished (with enclosures): Ms. Renee Gledhill -Earley North Carolina Department of Cultural Resources State Historic Preservation Office 4617 Mail Service Center Raleigh, NC 27699-4617 North Carolina Department of Transportation Human Environment Unit Attn: Ms. Kate Husband Mail Service Center 1598 Raleigh, NC 27699-1598 MEMORANDUM OF AGREEMENT AMONG THE U.S. ARMY CORPS OF ENGINEERS, NORTH CAROLINA DEPARTMENT OF TRANSPORTATION, AND NORTH CAROLINA STATE HISTORIC PRESERVATION OFFICER FOR THE REPLACEMENT OF BRIDGE NO. 66 ON NC 58 OVER SHOCCO CREED FRANKLIN COUNTY, NORTH CAROLINA WBS NO.17BP.S.R.87 WHEREAS, the U.S. Army Corps of Engineers (USACE) has determined that the replacement of Bridge No. 66 over Shocco Creek on NC 58 (the Undertaking), will have an adverse effect upon Franklin County Bridge No. 66, a reinforced concrete tee beam bridge that is eligible for listing in the National Register of Historic Places (NRHP) because the undertaking will require the removal of the historic bridge; and WHEREAS, the USACE has consulted with the North Carolina State Historic Preservation Officer (SHPO) pursuant to 36 CFR Part 800, regulations implementing Section 106 of the National Historic Preservation Act (54 U.S.C. 306108); and WHEREAS, the USACE has notified the Advisory Council on Historic Preservation (Council) of the adverse effect and the Council has declined to comment or participate in the consultation; WHEREAS, the North Carolina Department of Transportation (NCDOT) has participated in the consultation and been invited by USACE and the North Carolina SHPO to be a signatory to this Memorandum of Agreement (MOA); and NOW, THEREFORE, USACE, NCDOT, and the North Carolina SHPO agree that the Undertaking shall be implemented in accordance with the following stipulations in order to take into account the effects of the Undertaking on the historic property. STIPULATIONS The USAGE and NCDOT shall ensure that the following measures are carried out: I. Photorecordation Prior to the initiation of construction, NCDOT will record the existing condition of Bridge No. 66 and its surroundings in accordance with the attached Historic Structures and Landscape Recordation Plan (Appendix A). Copies of the documentation will be deposited in the files of the State Historic Preservation Office, and the NCDOT Historic Architecture Section. II. Unanticipated Discovery In accordance with 36 CFR 800.13(b), if NCDOT identifies additional cultural resource(s) during construction and determine them to be eligible for the NRHP, all work will be halted within the limits of the NRHP-eligible resource(s) and the USACE and SHPO contacted. if after consultation with the Signatory and Parties additional mitigation is determined necessary, the NCDOT, in consultation with the Signatory and Parties, will develop and implement appropriate protection/mitigation measures for the resource(s). Inadvertent or accidental discovery of human remains will be handled in accordance with North Carolina General Statutes 65 and 70. III.Dispute Resolution Should any of the Signatory or Parties object within (30) days to any plans or documentation provided for review pursuant to this Agreement, the USACE shall consult with the objecting party(ies) to resolve the objection. if the USACE or the objecting party(ies) determines that the objection cannot be resolved, the USACE will forward all documentation relevant to the dispute to the Council. Within thirty (30) days after receipt of all pertinent documentation, the Council will either: 1. Provide the USACE with recommendations, which the USACE will take into account in reaching a final decision regarding the dispute, or 2. Notify the USACE that it will comment pursuant to 36 CFR Section 800.7(c) and proceed to comment. Any Council comment provided in response to such a request will be taken into account by the USACE in accordance with 36 CFR Section 800.7 (c) (4) with reference to the subject of the dispute. Any recommendation or comment provided by the Council will be understood to pertain only to the subject of the dispute; USACE and NCDOT's responsibility to early out all of the actions under this agreement that are not the subject of the dispute will remain unchanged. IV. Amendments If any Signatory to this MOA believes that its terms cannot be carfied out or that an amendment to the terms must be made, that party(ies) shall immediately consult with the other party(ies) to develop amendments in accordance with 36 CFR 800.6(c)(7), If an amendment cannot be agree upon, the dispute resolution process set forth in Stipulation VIII will be followed. V. Termination Any Signatory to this MOA may terminate the agreement by providing notice to the other parties, provided that the signatories and concurring parties will consult during the period prior to termination to seek agreement on amendments or other actions that would avoid termination. Termination of this MOA will require compliance with 36 CFR 800. This MOA may be terminated by the execution of a subsequent MOA that explicitly terminates or supersedes its terms. VI. Duration Unless terminated pursuant to Stipulation V above, this MOA will be in effect until USACE, in consultation with the other Signatory Party(ies), determines that all of its terms have satisfactorily been fulfilled or if NCDOT is unable or decides not to construct the Undertaking. Execution of this Memorandum of Agreement by USACE, NCDOT and the North Carolina SIIPO, its subsequent filing with the Council, and implementation of its terns evidence that USACE has afforded the Council an opportunity to comment on the Undertaking that USACE has taken into accotuit the effects of the Undertaking on the historic properties. AGREF,: United State Army Corps of Enginccrs Robert J. Cl Date Colonel, U.Army District Commander State Iistoric Preservation Officer: f v 1 Zo 2 Dr. evin cherry Date North Carolina State Historic Preservation Officer North Carolina Department of Cultural Resources Officer North Carolina Department of Transportation: �� as Philip S. harris III, P.E., C.P.M. Date Environment Analysis Unit Head North Carolina Department of Transportation FILED: By: -- — Advisory Council on Historic Preservation Date APPENDIX A Historic Structures and Landscape Recordation Plan For The Replacement of Bridge Number 66 On NC 58 Over Shocco Creek Franklin County, North Carolina PHOTOGRAPHIC R.EQuIREMENTs Elevations and oblique views of Bridge Number 66 and its setting, ■ Representative structural and ornamental details of the bridge. Photographic Format ■ Color digital images (all views). Images are to be shot on a SLR digital camera with a minimum resolution of 6 megabyte pixels, at a high quality (preferably RAW) setting, to be saved in TIF format as the archival masters and labeled according to the State Historic Preservation Office standards. ■ All processing to be done to archival standards. ■ The accompanying printed inventory of the images — including subject, location, date, and photographer information for each image — is to be completed according to the State Historic Preservation Office standards. Copies and Curation One (1) set of all above mentioned photographic documentation, including a compact disc of labeled images, will be deposited with the North Carolina Office of Archives and History/Historic Preservation Office to be made a permanent part of the statewide survey and iconographic collection. One (1) contact sheet shall be deposited in the files of the Historic Architecture Section of NCDOT. Lyy' �,+SrAT�v North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M- Rartos, Administrator Governor Roy Cooper Secrrtary Snsi i 1. l lamikon April 30, 2018 MEMORANDUM TO: Kate Husband Office of Human Environment NCDO"I' Division of Highways FROIGI: Renee Gledhill -Earley + .:� TVA ..tit - e ..xDw- Environmental Review Coordinator Office ❑f Archim and I listory Deputy Secretary i mn Cherry SUBJECT: Photo -documentation for Bridge CMG on NC 58 over Shocco Crcek, PA-16-09-0005, Franklin Courity, ER 17-0170 I'iaank you for your March 19, 2018, letter transmitting the photo -documentation undertaken for the above - referenced project. Due to the p]lo1.ographs on 111c proof slicets not matching the images on t]rc disk, xvr requested your providing us with a set of the correct proofs. Having received thesn last week, the are noxv able to confirm that NCDOT has completed the mitigation measures outlined in the Memorandum of Agreement for the relnovai of Bridge GG over Shocco Creek. The above comments are made pursuant to Section 106 of rlie National Historic Preseivation Act and the Advisory C.:ounc-il on Historic Presentation's Regulinons for C.:olnpliancc wlill Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-807-6579 or environrnental.rrc-ieur nccicr. v.. In all future communication concerning this project, please cite the above referenced tracking number. cc: IViary Pope Fury, NCDOT Location: 109 East Jones Sum, Ralcigh N'(; 2WIl Mailing Address: 4617 Mail Sen-icc Center, Raleigh NC 27699-4617 TclephonelFax CM) 807-657I118W-6599 ProjectTiucking No. (Into-nal Use) 16-09-00U5 0.MUM�p HISTORIC ARCHITECTURE AND LANDSCAPES .� "EFFECTS REQUIRED FORM" This form only pertains to Historic Architecture and Landscapes for this project. It is not valid for Archaeological Resources. You must consult separately with the Archaeology Group. PROJECT INFORMATION Project No: County: Franklin WBS No.: 17BP.5.r.87 Document Type.. PCE Fed. Aid No: NIA Funding: M State LJ Federal Federal Permits : Yes No Permit Ty e s : NWP Protect Description: Repalce Bridge No. 66 on NC 58 over Shocco Creek. SUMMARY OF HISTORIC ARCHICTECTURE AND LANDSCAPES REVIEW Descri tion of review activities results and conclusions: Review of HPO quad maps, HPO GIS information, historic designations roster, and indexes was undertaken on September 23, 2016. Bridge No. 66, built 1920, is a DETERMINED ELIGIBLE bridge based on the NCDOT Historic Bridge Inventory. An effects meeting will be required. SUPPORT DOCUMENTATION Map(s) ❑Previous Survey Info. ❑Photos ❑Cprrespondence ❑Design Plans FINDING BY NCI)OT ARCHITECTURAL HISTORIAN Historic Architecture and Landscapes -- "EFFECTS REQUIRED" NCDOT Architectural Historian Date Historic Archifechar and Landscapa SURVILY REQUIRED form for Unjor D-ansporlation Projecis as Qnalgffeef in the 2007 Progganimalic Agreeinenl. Page I of 3 -i�: V It R E_ N Y FRANnK❑LI N BRIDGE � L � 66 FRANKLIN h1aP +wed: Augus92fE16 n Data Sou m, NCBOTOIS Uait.NC CnWap.ESRi, STEWART i I, 5 T E WA R T--; Feet 0 2,000 4,000 X0R1iU C LRO1.LYAX",M [I'W4W OF TRANSPMTATION l H An'MONOFHIGHnAYS m`ImuN 5 BRIDGE No, OD66 OVER LITTLE SHOCCO CREEK ON NC SB FRANKLIN COUNTY TIP PROJECT 17BP.5.R.87 PROJECT VICNI7Y FIfiURE 1 Historic Ardjitecture aird Landscapes SUJ?VEY RIiQUIRF.I] form jar Mrizor Transporianon Yrojeets as Quaked in the 2007 Ymgranaiatic Agreernew Page 2 of 3 �h J onas !� t y VIR-..- srldge Duos �t t FK01*0 Slkrgmcr@A NidyC mn ■ 3 �`rIQ� Ph Ra HPO GIS. Historic Architecture and Landscapes SURVEY REQUIRE!] form for Minor Transportation Projects as Qualified m the 2007 Programmatic Agreement, Page 3 of 3 Project Tracking No.: 16-09-0007 oa NO ARCHAEOLOGICAL SURVEY REQUIRED FORM 0'4- TMs form only pertains to ARCHAEOLOGICAL RESOURCES for this project. It is not valid for Historic Architecture and Landscapes. You must consult separately with the Historic Architecture and Landscapes Group. d PROJECT INFORMATION Project No: Structure 920009 WBS No: 17BP.5.R.72 F.A. No: N/A Federal Permit Required? County: Document: Warren Federal PCE Funding: ® State ❑ Federal ® Yes ❑ No Permit Type: NWP Project Description: NCDOT's Division 5 proposes to replace Bridge No. 9 on NC 58 over Little Shocco Creek in Warren County. Bridge No. 9 was built in 1920, and is considered to be functionally obsolete; therefore, it is scheduled to be replaced. The Study Area for the project will be centered on the bridge and measure about 300 feet in width (150 feet to either side of the centerline) and about 0.27 mile in length (roughly 655 feet from the north end of the bridge and about 760 feet from the south end of the bridge). Overall, the Study Area will encompass about 412,260 square feet (9.46 acres), inclusive of the existing roadway and structure to be replaced. SUMMARY OF CULTURAL RESOURCES REVIEW Brief description of review activities, results of review, and conclusions: This project was accepted on Wednesday, September 21, 2016. A map review and site file search was conducted at the Office of State Archaeology (OSA) on Monday, September 26, 2016. No archaeological surveys have been conducted along this particular stretch of NC 58, and no archaeological sites have been recorded within one-half (1/2) mile of the proposed project. Digital copies of HPO's maps (Centerville Quadrangle) as well as the HPOWEB GIS Service (http://gis.ncdcr.gov/hpoweb/) were last reviewed on Tuesday, September 27, 2016. There are two (2) known historic architectural resources located within or adjacent to the Study Area (i.e. Bridge No. 9, itself, a 1920 reinforced concrete slab structure, and Bridge No. 66, a 1920 reinforced concrete tee beam structure over Shocco Creek); however, intact archaeological deposits associated with these resources are not anticipated within the footprint of the proposed project. In addition, topographic maps, historic maps (NCMaps website), USDA soil survey maps, and aerial photographs were utilized and inspected to gauge environmental factors that may have contributed to historic or prehistoric settlement within the project limits, and to assess the level of modern, slope, agricultural, hydrological, and other erosive -type disturbances within and surrounding the archaeological APE. Brief Explanation of why the available information provides a reliable basis for reasonably predicting that there are no unidentified historic properties in the APE: Although this is a State -funded project, a Federal permit will be required. Permanent and/or temporary utility and/or drainage easements will not be necessary. Additional ROW may be required; however, the size of the Study Area will capture any possible impacts beyond the NCDOT's existing 60-foot ROW. At this time, we are in compliance with NC GS 121-12a, since there are no eligible (i.e. National Register - listed) archaeological resources located within the project's Study Area that would require our attention. Based on the description of the proposed project, activities may take place beyond the NCDOT's existing `7Vo ARCHAEOLOGY SURVEYREQUIRED"form forMinor Transportation Projects as Qualified in the 200712015 Programmatic Agreement 1 of 3 Project Tracking No.: 16-09-0007 60-foot ROW along NC 58. From an environmental perspective, the Study Area falls within a rural environmental setting in the north -central part of the state in the Piedmont physiographic region, and is composed of three (3) soil types (north -south): Pacolet sandy loam, 8-15% slopes (PhC), Cewacla and Wehadkee soils, 0-3% slopes, frequently flooded (ChA), and Wake-Wateree-Wedowee complex, 8-15% slopes, rocky (WbD). The Study Area consists primarily of somewhat poorly drained soils (i.e. ChA) and soils that are located along hillslopes (i.e. PhC and WbD). Preservation of intact archaeological resources would not be anticipated under such environmental conditions. A review of current LiDAR data shows no landscape features that would be worthy of reconnaissance or investigation. The Office of State Archaeology (OSA) has reviewed only one (1) project within the vicinity of Bridge No. 9 for environmental compliance, that being the placement of utility lines along NC 58, starting at the Franklin/Warren County line (CH 06-2875). No archaeological survey was recommended for that project. NCDOT's Archaeology Group has reviewed several nearby bridge replacement projects for environmental compliance under the Programmatic Agreement (PA) with the State Historic Preservation Office (NC-HPO). In fact, the drainage, soil conditions, and overall topography at Bridge No. 43 on SR 1620 (Lickskillet Road) over Shocco Creek (see PA 11-02-0014 and PA 16-06-0061) are basically the same as that at Bridge No. 9. Although an archaeological survey was recommended and conducted for Bridge No. 43, no cultural material was encountered. With similar conditions and environmental setting, one could assume that archaeological resources would also not be present within the presently -defined Study Area. Current soil conditions and topography, coupled with comparative survey results, would suggest a low probability for prehistoric and/or historic archaeological materials to be present. Therefore, it is believed that the current APE, as depicted, is unlikely to contain intact and significant archaeological resources. No archaeological survey is required for this project. If design plans change or are made available prior to construction, then additional consultation regarding archaeology will be required. At this time, no further archaeological work is recommended. If archaeological materials are uncovered during project activities, then such resources will be dealt with according to the procedures set forth for "unanticipated discoveries," to include notification of NCDOT's Archaeology Group. SUPPORT DOCUMENTATION See attached: ® Map(s) ❑ Previous Survey Info ❑ Photos ❑ Photocopy of County Survey Notes Other: FINDING BY NCDOT ARCHAEOLOGIST NO ARCHAEOLOGY SURVEY REQUIRED OA NCDOT ARCH ❑Correspondence September 27, 2016 Date `7Vo ARCHAEOLOGY SUR VEYREQUIRED"formforMinor Transportation Projects as Qualified in the 200712015 Programmatic Agreement 2 of 3 Project Tracking No.: 16-09-0007 J Bridge No. 9 on NC 5 8 over Little Shocco Creek iwr 19 Figure 1: Centerville, NC (USGS 1978). `7Vo ARCHAEOLOGY SUR VEYREQUIRED "formforIhnor Transportation Projects as Qualified in the 200712015 Programmatic Agreement 3 of 3 Project Tracking No. (lidernal Use) 16-09-0007 HISTORIC ARCHICTECTURE AND LANDSCAPES ASSESSMENT OF EFFECTS FORM ' This form only pertains to Historic Architecture and Landscapes for this project. It is not valid for Archaeological Resources. You must consult separately with the Archaeology Group. PROJECT INFORMATION Project No: County: Warren WESNo.: 17BP.5.R.72 Document T e: PCE Fed. Aid No: Funding: E State Federal Fetleral Permits : Yes No Permit Type (s): NWP Project Description: Replace Bridge No. 9 on NC 58 over Little Shocco Creek. SUMMARV OF HISTORIC ARCHICTECTURE AND LANDSCAPES REVIEW Description of review activities results and conclusions: Warren County Bridge No. 9 was determined eligible in the 2005 Historic Bridge Survey. On September 28, 2016 a search of HPOGIS web service and Warren County tax data reveal no other structures in the APE of the project. Warren County Bridge No. 9 retains its integrity and National Register eligibility. ASSESSMENT OF EFFECTS Property Name: Warren County Bridge No. 9 Status: I DE Survey Site No.: PIN• Effects ❑ No Effect ❑ No Adverse Effect ® Adverse Effect E.r lanatior of Effects Determination: Warren County Bridge No. 9 will be demolished and removed from its location. Historic Arrkrtechrry and I enk1scapes FrFEM- ASSL•'S MFNTforrn for Minor Tropupor4ahoi Projects os Qualified in the 2FV71'rogrrrmmarir Agreewetrr, Page I of 2 List of Environmental Commitments: SUPPORT DOCUMENTATION ®Map(s) ®Previous Survey Info. ❑Photos []Correspondence ❑Design Plans FINDING BY NCDOT AND STATE HISTORIC PRESERVATION OFFICE Historic Architecture and Landscapes —ASSESSMENT OF EFFECTS NCDOT Architecturial Historian State Historic Preservation Office Repre KD(22 Date 0- aa" 16�1 Date Historic Ar chhecrrrr a and lxomiscapes GI f TC:TS ASSGSSrLlEN'! jorrr� jar Mirror D msparrnrion Projects as Qualified in the 2007 Progrrrnmrnric• Agxrmeni. Page 2 of 2 • 1.i � r l��' . � A:• R:t �.Y • '/' .l r. 1! A- s � � �r } x �►`,.�y � ; ' � �•�, r • wig ��:`�` . J � � � �� ' y.. .40 tsar: �= t• _ IV re ..� w '.�• •�_ �� �`' v�"�; , ..ter „� a • T r . - � .till *� ,�.. :� • �. �, - ,�i' - ,,� AYE{r` 1 .'t �� i , r '{J. r of .` r �,!.'£Ir*• ' .r j6f �i• p:,r t Warren Comity Bride 9 Location Google [oMap dma mal6 o0gle County: Warren LO(ation: 1.6 miles north of NC 561 on NC 58 Construction Year Built: 11320 Desetiption Bridge Type: Relnfor(ed Concrete Slab This one -span, 22-foot-long bridge is an early and typically modest representative of a standard reinforced concrete slab. Little altered, it retains state -standard, recessed -flat -panel, concrete parapets and a substructure of concrete abutments «ith flared wingmAs. The State. Highway Commission erected the bridge as part of Federal Aid Project No. 93 in Warren, FrarMin, and Nash counties, one of many federally- supported projects to improve the state's road network during the era of the Good Roads Movement. The project included the construction of bvo bridges near the Warren/Franklin county line: this structure and Franklin Count}* Bridge 66, a reinforced concrete, tee beam structure. Both of the bridges barely 170 feet apart -were erected in 2920 in conformance to state plans for their t),pes. They and the causes%my betn%een them, which retains its original t%idth and curvature, continue to carry NC 58 and well -represent the gromb of the State Highway Commission and its standardized design program in the late teens and bventies. Historic Arclrilecnrre and Landscapes SURVEY RIi{J(Jllilil) farm for A&POr Transporlalirrn Pro jecis as Qualified in the 2007 Programmatic Agreement. 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Data Sources: NCD0T GIS Unit, NC OneMap, ESRI, STEWART n� ,a IV *4; +' yy i' + , °' " NORTH CAROLINA DEPARTMENT OF TRANSPORTATION PW �' 1 • a � DIVISION OF HIGHWAYS ' � " r DIVISION 5 Map Created: August 2U16 .fr BRIDGE NO. 0009 OVER LITTLE SHOCCO CREEK N ON NC 58 h E 1 1 i WARREN COUNTY Feet S T E WA R T 0 150 300 TIP PROJECT 17BP.5.R.72 .drFM,1,Nu, iT. f+lK4 k..r STUDYAREA FIGURE 2 btu. STATE,, North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper Secretary Susi H. I Ia nilton April 6, 2018 MEMORANDUM TO: Kate Husband Office of Human Environment NCDOT Division of Highways FROM: Renee Gledhill -Earley I� Environmental Review Coordinator Office of Archives and History Deputy Secretary Kevin Cherry SUBJECT: Replace Bridge 9 on NC 58 over Little Shocco Creek, PA 16-09-0007, Warren County, ER 17-0102 Thank you for your March 19, 2018, letter transmitting the photographic documentation of Bridge 9, which is eligible for listing in the National Register of Historic Places for engineering/technology. The submitted materials fulfill Stipulation I of the Memorandum of Agreement for the undertaking. We look forward to notification of any unanticipated discoveries during construction, should they occur. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-807-6579 or environmental.review&ncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. cc: Mary Pope Furr, mfurr e,ncdot.gov Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 807-6570/807-6599 MEMORANDUM OF AGREEMENT AMONG THE ARMY CORPS OF ENGINEERS, THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION, AND THE NORTH CAROLINA STATE HISTORIC PRESERVATION OFFICER FOR THE REPLACEMENT OF BRIDGE 9 ON NC 58 OVER THE LITTLE SHOCCO CREEK WARREN COUNTY, NORTH CAROLINA WBS# 17BP.5.R.72 WHEREAS, the United States Army Corps of Engineers (USACE) has determined that the replacement of Bridge Number 9 on NC 58 over the Little Shocco in Warren County, North Carolina (the Undertaking) will have an adverse effect upon Warren County Bridge Number 9, a structure determined eligible for listing in the National Register of Historic Places (NRHP); and WHEREAS, the USACE has consulted with the North Carolina State Historic Preservation Officer (SHPO) pursuant to 36 CFR Part 800, regulations implementing Section 106 of the National Historic Preservation Act (54 U.S.0 306108); and. WHEREAS, USACE has notified the Advisory Council on Historic Preservation (Council) of the adverse effect and it has declined to comment or participate in the consultation; and WHEREAS, the North Carolina Department of Transportation (NCDOT) has participated in the consultation and has been invited by USACE and the North Carolina SHPO to be a signatory to this Memorandum of Agreement (MOA); and NOW, THEREFORE, USACE, NCDOT, and the North Carolina SHPO agree that the Undertaking shall be implemented in accordance with the following stipulations in order to take into account the effects of the Undertaking on the historic property. STIPULATIONS The USACE and NCDOT will ensure that the following measures are carried out: I. Photorecordation Prior to the initiation of construction, NCDOT will record the existing condition of Bridge No. 9 and its surroundings in accordance with the attached Historic Structures and Landscape Recordation Plan (Appendix A), Copies of the documentation will be deposited in the files of the State Historic Preservation Office, and the NCDOT Historic Architecture Section. II. Unanticipated Discovery hi accordance with 36 CFR 800.1.3(b), if NCDOT identifies additional cultural resource(s) during construction and determine them to be eligible for the NRHP, all work will be halted within the limits of the NRHP-eligible resource(s) and the USAGE and SHPO contacted. If after consultation with the Signatory and Parties additional mitigation is determined necessary, the NCDOT, in consultation with the Signatory and Parties, will develop and implement appropriate protection/mitigation measures for the resource(s). Inadvertent or accidental discovery of human remains will be handled in accordance with North Carolina General Statutes 65 and 70. IIII.Dispute Resolution Should any of the Signatory of Parties object within (30) days to any plans or documentation provided for review pursuant to this Agteeinent, the USACE shall consult with the objecting party(ies) to resolve the objection. If the USACE or the objecting party(ies) determines that the objection cannot be resolved, the USACE will £ottivard all documentation relevant to the dispute to the Council. Within thirty (30) days after receipt of all pertinent documentation, the Council will either: 1. Provide the USACE with recommendations, which the USACE will take into account in reaching a final decision regarding the dispute, or 2. Notify the USACE that it will comment pursuant to 36 CFR Section 800.7(c) and proceed to comment. Any Council comment provided in response to such a request will be taken into account by the USACE in accordance with 36 CFR Section 800.7 (c) (4) with reference to the subject of the dispute. Any recommendation or comment provided by the Council will be understood to pertain only to the subject of the dispute; USACE and NCDOT's responsibility to carry out all of the actions under this agreement that are not the subject of the dispute will remain unchanged. IV. Amendments If any Signatory to this MOA believes that its terms cannot be carried out or that an amendment to the terms must be made, that party(ies) shall immediately consult with the other party(ies) to develop amendments in accordance with 36 CItR 800.6(c)(7). If an amendment cannot be agree upon, the dispute resolution process set forth in Stipulation IV will be followed. V. Termination Any of the Signatory Party(ies) may terminate the agreement by providing notice to the other pailics, provided that the signatories and concurring parties will consult during the period prior to termination to seek agreement on amendments or other actions that would avoid termination. Termination of this MOA will require compliance with 36 CFR 800. This MOA may be terminated by the execution of subsequent MOA that explicitly terminates or supersedes its terms, VI. Duration Unless terminated.pursuant to Stipulation V above, this MOA will be. in effect until USAGE, in consultation with the other Signatory and Parties, determines that all of its terms have satisfactorily been fulfilled or if NCDOT is unable or decides not to construct the Undertaking. Execution of this Memorandum of Agreement by USACE, NCDOT, and the North Carolina SHPO, and implementation of its terms, evidence that USACE has afforded the Council an opportunity to comment on the Undertaking, and that USACE has taken into account the effects of the Undertaking on historic properties. SIGNATORIES: By: �k Date: D 1 �l( Robert J. dark Colonel U. S. Airn Y District Commander Date: Kevin Che xy, Ph.D. North Cara ina State Historic Pr nation Officer North Carolina Department of Cultural Resources Officer t By; Date: Philip S. Harris II, P,E,, C,P.M. Environment Analysis Unit Head North Carolina Department of Transportation. MEMORANDUM OF AGREEMENT AMONG THE ARMY CORPS OF ENGINEERS, THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION, AND THE NORTH CAROLINA STATE HISTORIC PRESERVATION OFFICER FOR THE REPLACEMENT OF BRIDGE 9 ON NC 58 OVER THE LITTLE SHOCCO CREEK WARREN COUNTY, NORTH CAROLINA FILED: By: Date: Advisory Council on Historic Preservation APPENDIX A Historic Structures and Landscape Recordation Plan For The Replacement of Bridge Number 9 On NC 58 Over Little Shocco Creels Photographic Requirements ■ Elevations and oblique views of Bridge No. 9 and its setting. ■ Representative structural and ornamental details of the bridge. Photographic Format ■ Color digital images (all views). Images are to be shot on a SLR digital camera with a minimum resolution of b megabyte pixels, at a high quality (preferably RAW) setting, to be saved in TIF format as the archival masters and labeled according to the State Historic Preservation Office standards. ■ All processing to be done to archival standards, ■ The accompanying printed inventory of the images — including subject, location, date, and photographer information for each image — is to be completed according to the State Historic Preservation Office. standards. Copies and Curation One (1) set of all above mentioned photographic documentation, including a compact disc of labeled images, will be deposited with the North Carolina Office of Archives and History/Historic Preservation Office to be made a permanent part of the statewide survey and iconographic collection. One (1) contact sheet shall be deposited in the files of the Historic Architecture Section of NCDOT. NCDOT Division 5 Environmental Summary for USACE GENERALINFO TIP or WBS Number: WBS: 1713P.5.R.72 Road: NC 58 County: Warren Stream Name: Overflow from Shocco Creek River Basin: Tar Pamlico Location: 36.21010 deg. N,-78.10248 deg. W NCDENR-DWR Index Number: 28-79-22 Stream Classification: C NSW DESCRIPTION OF WORK Project purpose: Replacement of structurally deficient bridge with a new reinforced box culvert on new alignment to the west of NC 58. Existing structure: 1 @ 22 ft-0 in reinforced concrete slab on reinforced concrete full height abutments. Proposed structure: The proposed structures are 3 @ 12 ft-0 in x 9 ft-0 in reinforced concrete box culvert that is 57.6 ft long . The culvert is located on new location to the west of existing NC 58 and serves to connect wetland systems on both sides of the relocated NC 58. IMPACT SUMMARY Wetland Permanent Impacts: Impacts are the following: 0.17 ac Permanent Fill in Wetland, 0.01 ac Permanent Excavation in Wetland and 0.14 ac Permanent Mechanized Clearing in Wetland. Is mitigation proposed for project? Yes, wetland mitigation is proposed for this project. PROTECTED SPECIES INFORMATION Northern long eared bat: BC of May Affect, Likely to Adversely Affect based on programmatic biological opinion with the FHWA, NCDOT and USACE that allows for incidental take for NLEB for projects with a federal nexus in Division 5. Dwarf wedgemussel: Mussel survey on March 30, 2017 and guidance from the USFWS provides a BC of May Affect, Not Likely to Adversely Affect for this species. Tar River spinymussel: Mussel survey on March 30, 2017 and guidance from the USFWS provides a BC of May Affect, Not Likely to Adversely Affect for this species. Yellow lance: Mussel survey on March 30, 2017 and guidance from USFWS provides a BC of May Affect, Not Likely to Adversely Affect for this species. Atlantic pigtoe (listed as Proposed): Mussel survey on March 30, 2017 and guidance from USFWS provides a BC of May Affect, Likely to Adversely Affect for this species due to distance to known downstream population. CULTURAL RESOURCES INFORMATION Historic Architecture: Historic Architecture and Landscapes Effects Required Form dated September 23, 2016 indicates Bridge 66 is a Determined Eligible bridge based on NCDOT Historic Bridge Inventory. Effects Required result. Memoranda of Agreement (MOA) for NCDOT to replace Bridge 9 and 66 at the borders of Warren and Franklin Counties will adversely affect the existing bridges (letter from USACE to Mr. Reid Nelson, Advisory Council of Historic Preservation (dated March 7, 2018). Note that this covers the Memorandum of Agreement (MOA) among the USACE, NCDOT and NCSHP for Replacement of Bridge 66 on NC 58 over Shocco Creek in Franklin County (WBS 17BP.5.R.87). Photo -documentation for Bridge 66 on NC 58 over Shocco Creek, PA-16-09-005, Franklin County, ER 17-0179 (dated April 30, 2018) indicates the mitigation measures in the MOA have been met. Archaeology: No Archaeological Survey Required Form dated December 2, 2016. PERMIT REQUESTED: Nationwide Permit 14 NCDOT Division 5 Environmental Summary for USACE GENERALINFO TIP or WBS Number: WBS: 17BP.5.R.87 Road: NC 58 County: Franklin Stream Name: Shocco Creek River Basin: Tar Pamlico Location: 36.20905 deg. N,-78.10299 deg. W NCDENR-DWR Index Number: 28-79-22 Stream Classification: C NSW DESCRIPTION OF WORK Project purpose: Replacement of structurally deficient bridge on new alignment to the west of NC 58. Existing structure: 1 @ 41 ft-7 in reinforced concrete deck on girders with reinforced concrete vertical abutments on pile footings Proposed structure: 1 @ 105 ft-0 in and 1 @ 25 ft-0 in 39 in box beam that spans Shocco Creek on new alignment to the west of existing NC 58 IMPACT SUMMARY Stream Permanent: 100 linear feet permanent stream impact associated with rip rap bank stabilization and 153 linear feet of temporary stream impact associated with dewatering. Is mitigation proposed for project? No, stream mitigation is not proposed for this project. PROTECTED SPECIES INFORMATION Northern long eared bat: BC of May Affect, Likely to Adversely Affect based on programmatic biological opinion with the FHWA, NCDOT and USACE that allows for incidental take for NLEB for projects with a federal nexus in Division 5. Dwarf wedgemussel: Use of the Programmatic Biological Opinion for Bridge and Culvert Replacements/Repairs/Rehabilitations in Eastern North Carolina, NCDOT Divisions 1-8 (June 13, 2018) and a mussel survey on March 30, 2017 provides a BC of May Affect, Likely to Adversely Affect for this species. Tar River spinymussel: Use of the Programmatic Biological Opinion for Bridge and Culvert Replacements/Repairs/Rehabilitations in Eastern North Carolina, NCDOT Divisions 1-8 (June 13, 2018) and a mussel survey on March 30, 2017 provides a BC of May Affect, Likely to Adversely Affect for this species. Yellow lance: Use of the Programmatic Biological Opinion for Bridge and Culvert Replacements/Repairs/Rehabilitations in Eastern North Carolina, NCDOT Divisions 1-8 (June 13, 2018) and a mussel survey on March 30, 2017 provides a BC of May Affect, Likely to Adversely Affect for this species. Atlantic pigtoe (listed as Proposed): Atlantic pigtoe has been collected approximately 1.1 river miles downstream on Sandy Creek (July 27, 2017 by unidentified person). However, the mussel survey conducted on March 30, 2017 at the site and within the survey footprint did not result in any observation of this species. Biological Conclusion of May Affect, Likely to Adversely Affect for this species due to distance to known downstream population. Michaux's sumac: Survey conducted in suitable habitat on October 27, 2016 did not result in any observations of this plant. A BC of No Effect is provided for Michaux's sumac. CULTURAL RESOURCES INFORMATION Historic Architecture: Historic Architecture and Landscapes Effects Required Form dated September 23, 2016 indicates Bridge 66 is a Determined Eligible bridge based on NCDOT Historic Bridge Inventory. Effects Required result. Memoranda of Agreement (MOA) for NCDOT to replace Bridge 9 and 66 at the borders of Warren and Franklin Counties will adversely affect the existing bridges (letter from USACE to Mr. Reid Nelson, Advisory Council of Historic Preservation (dated March 7, 2018). Note that this covers the Memorandum of Agreement (MOA) among the USACE, NCDOT and NCSHP for Replacement of Bridge 66 on NC 58 over Shocco Creek in Franklin County (WBS 17BP.5.R.87). Photo -documentation for Bridge 66 on NC 58 over Shocco Creek, PA-16-09-005, Franklin County, ER 17-0179 (dated April 30, 2018) indicates the mitigation measures in the MOA have been met. Archaeology: No Archaeological Survey Required Form dated December 2, 2016. PERMIT REQUESTED: Nationwide Permit 14 Warren Bridge 9 over Overflow for Shocco Creek on NC 58 (17BP.5.R.72) FINAL Avoidance and Minimization Measures The following `Design Standards in Sensitive Watersheds" [15A NCAC 04B. 0124 @ (e)J are incorporated into NCDOT projects that occur within or upstream of water bodies that contain federally protected aquatic species. Within the Environmentally Sensitive Areas, the following shall apply: -The contractor may perform clearing operations but not grubbing operation until immediately prior to beginning grading operations. -Once grading operations begin in the ESA, work shall progress in a continuous manner until complete. -Erosion control devices shall be installed immediately following the clearing operation. -Seeding mulching shall be performed on the areas disturbed by construction immediately following final grade establishment. -Seeding mulching shall be done in stages on cut and fill slopes that are greater than 20 feet in height measure along the slope or greater than two acres in area, whichever is less. The following are additional measures intended to further reduce deleterious construction related effects to the waterway: A new roadway and culvert will be constructed on new location to the west. Traffic will be maintained on the existing roadway and bridge until completion of the new structure. The existing roadbed and bridge will be removed by the contractor and properly stabilized and later reforested following standard reforestation detail (RF-1). Best Management Practices for bridge Demolition and Removal will be implemented during the removal of the existing bridge. The bridge will be removed from the top down, first removing the asphalt with containment measures in place to prevent components of the bridge deck from dropping into the stream. The method of containment will be proposed by the contractor and approved by the engineer. This will be followed by removal of the decking, girders, etc. The contractor will then isolate the concrete abutments using an impervious dike. The contractor will then completely remove the abutments. A new three -barrel culvert (3 @ 12 ft x 8 ft) will be constructed at the site. Inlet and outlet culvert improvements will be installed to direct flow into the downstream wetland system. All sedimentation and erosion control measures, throughout the project limits, will be cleaned out as appropriate to ensure proper function of the measures. Franklin Bridge 66 over Shocco Creek on NC 58 (17BP.5.R.87) FINAL Avoidance and Minimization Measures The following `Design Standards in Sensitive Watersheds" [15A NCAC 04B. 0124 (b) (e)J are incorporated into NCDOT projects that occur within or upstream of water bodies that contain federally protected aquatic species. Within the Environmentally Sensitive Areas, the following shall apply: -The contractor may perform clearing operations but not grubbing operation until immediately prior to beginning grading operations. -Once grading operations begin in the ESA, work shall progress in a continuous manner until complete. -Erosion control devices shall be installed immediately following the clearing operation. -Seeding mulching shall be performed on the areas disturbed by construction immediately following final grade establishment. -Seeding mulching shall be done in stages on cut and fill slopes that are greater than 20 feet in height measure along the slope or greater than two acres in area, whichever is less. The following are additional measures intended to further reduce deleterious construction related effects to the waterway: A new roadway and bridge will be constructed on new location to the west. Traffic will be maintained on the existing roadway and bridge until completion of the new structure. The existing roadbed and bridge will be removed by the contractor and properly stabilized and later reforested following standard reforestation detail (RF-1). Best Management Practices for bridge Demolition and Removal will be implemented during the removal of the existing bridge. The bridge will be removed from the top down, first removing the asphalt with containment measures in place to prevent components of the bridge deck from dropping into the stream. The method of containment will be proposed by the contractor and approved by the engineer. This will be followed by removal of the decking, girders, etc. The contractor will then isolate the concrete abutments using an impervious dike. The engineer will monitor the situation to determine if the abutments can be completely removed or cut flush with the streambed/mudline (preference is complete removal). Constructed streambanks in the footprint of the abutments will be stabilized with Class II rip rap. The contractor will install turbidity curtains in Shocco Creek during removal of the historic timber piles. An attempt will be made to completely remove the existing timber piles; however, if this cannot be accomplished with minimal substrate disturbance, the piles will be pinched off one foot below the mud line or cut flush with existing mud line as directed by the engineer. The contractor will not be allowed to drag removed timber piles on or across the streambed. The contractor will install an impervious dike in the stream at the new bridge structure to allow for installation of Class 11 rip rap bank stabilization on the north streambank. No equipment or components will be placed/staged in Shocco Creek unless noted in these commitments. A new two -span bridge will be constructed at the site that completely spans Shocco Creek. Deck drains will not be allowed to discharge directly into the stream. Special sediment control fence NCDOT Standard No. 1606.01 or a combination of special sediment control fence and standard silt fence will be installed between the top of the stream bank and bridge embankment. Once the disturbed areas of the project draining to these areas have been stabilized, the special sediment control fence and/or standard silt fence and all built up sediment adjacent to these devices will be removed to natural ground and stabilized with appropriate seed mix. Native grass mix will be used on the floodplain. All sedimentation and erosion control measures, throughout the project limits, will be cleaned out as appropriate to ensure proper function of the measures. Coir fiber matting will be installed on the footprint of unclassified structure excavation near the streambanks. Embankment construction and grading shall be managed in such a manner as 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 the NCDOT BMP Manual). The contractor will provide at least three weeks notification to the Resident Engineer and Division Environmental Officer concerning start of work at the bridge to allow the Department to contact the North Carolina Wildlife Resource Commission (NCWRC). NCWRC staff may move aquatic species out of the work area prior to construction activity. March 20, 2019 404 Permit U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2016-02261 County: Warren County U.S.G.S. Quad: Centerville GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Chris Murray NC Department of Transportation, Division 5 Address: 2612 N. Duke Street Durham, NC 27704 Telephone Number: 919-220-4633 Size (acres) Nearest Town Centerville Nearest Waterway Shocco Creek River Basin Pamlico USGS HUC 03020102 Coordinates Latitude: 36.209759 Longitude:-78.102266 Location description: The proiect site is existing BR 66 and BR 9 on NC Hwy 58 over Shocco Creek, near the town of Centerville, Franklin County, North Carolina. Description of projects area and activity: This permit verification allows for 0.32 acre of permanent wetland impacts, 100 linear feet of permanent stream channel impacts from rip rap bank stabilization, and 153 linear feet of temporary stream channel impacts from bank stabilization for the replacement of BR 66 with a bridge on new alignment and BR 9 with a culvert on new alignment. Mitigation is required for this proposal. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number and/or Nationwide Permit Number: NWP 14 Linear Transportation Proiects SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND/OR SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted application and attached information dated February 12, 2019. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional general permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide and/or regional general permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under- construction) or are under- contract to commence in reliance upon the nationwide and/or regional general permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide and/or regional general permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Morehead City, NC, at (252) 808-2808. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact James Lastinger at (919) 554-4884 or James.C.Lastinger(a),usace.army.mil. Corps Regulatory Official: Date: March 20, 2019 Expiration Date of Verification March 18, 2022 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at http://corpsmapu.usace.a=.mil/cm apex/f?p=136:4:0. Copy furnished: 5AW-2016-02261 SPECIAL CONDITIONS 1. In order to compensate for impacts associated with this permit, mitigation shall be provided in accordance with the provisions outlined on the most recent version of the attached Compensatory Mitigation Responsibility Transfer Form. The requirements of this form, including any special conditions listed on this form, are hereby incorporated as special conditions of this permit authorization. 2. This USACE permit does not authorize you to take a threatened or endangered species, in particular, the Northern Long-eared Bat (NLEB) (Myotis septentrionalis). In order to legally take a listed species, you must have separate authorization under the Endangered Species Act (ESA) a Biological Opinion (BO) under the ESA, Section 7, with "incidental take" provisions with which you must comply). The U.S. Fish and Wildlife Service's (USFWS's) Programmatic BO titled "Northern Long-eared Bat (NLEB) Programmatic Biological Opinion for North Carolina Department of Transportation (NCDOT) Activities in Eastern North Carolina (Divisions 1-8)," dated March 25, 2015, and adopted on May 4, 2015, contains mandatory terms and conditions to implement the reasonable and prudent measures that are associated with "incidental take" that are specified in the BO. Your authorization under this USACE permit is conditioned upon your compliance with all the mandatory terms and conditions (incorporated by reference into this permit) associated with incidental take of the BO. Failure to comply with the terms and conditions associated with incidental take of the BO, where a take of the listed species occurs, would constitute an unauthorized take, and would also constitute non-compliance with your USACE permit. The USFWS is the appropriate authority to determine compliance with the terms and conditions of its BO and with the ESA. 3. The U.S. Fish and Wildlife Service's (USFWS's) Programmatic Biological Opinion (BO) titled "Bridge and Culvert Replacements/Repairs/Rehabilitations in Eastern North Carolina, NCDOT Divisions 1-8)," dated June 13, 2018, contains mandatory terms and conditions to implement the reasonable and prudent measures that are associated with "incidental take" that are specified in the BO. Your authorization under this Corps permit is conditional upon your compliance with all the mandatory terms and conditions associated with incidental take of the BO, which terms and conditions are incorporated by reference in this permit. Failure to comply with the terms and conditions associated with incidental take of the BO, where a take of the listed species occurs, would constitute an unauthorized take, and it would also constitute non-compliance with your Corps permit. The USFWS is the appropriate authority to determine compliance with the terms and conditions of its BO, and with the ESA. 4. The Permittee shall fully implement the attached Memorandum of Agreement between the Permittee, the North Carolina State Historic Preservation Officer and the U.S. Army Corps of Engineers, Wilmington District, dated March 7, 2018, which is incorporated herein by reference. Action ID Number: SAW-2016-02261 County: Warren County Permittee: Chris Murray NC Department of Transportation, Division 5- Project Name: NCDOT/Replace of BR09 17BP.5.R.72 and BR 66 17BP.5.R.87 on NC Hwy 58 over Shocco Creek Date Verification Issued: March 20, 2019 Project Manager: James Lastinger Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Raleigh Regulatory Field Office Attn: James Lastinger 3331 Heritage Trade Dr., suite 105 Wake Forest, NC 27587 Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date NATIONWIDE PERMIT 14 DEPARTMENT OF THE ARMY CORPS OF ENGINEERS FINAL NOTICE OF ISSUANCE AND MODIFICATION OF NATIONWIDE PERMITS FEDERAL REGISTER AUTHORIZED MARCH 19, 2017 Linear Transportation Proiects. Activities required for crossings of waters of the United States associated with the construction, expansion, modification, or improvement of linear transportation projects (e.g., roads, highways, railways, trails, airport runways, and taxiways) in waters of the United States. For linear transportation projects in non -tidal waters, the discharge cannot cause the loss of greater than 1/2-acre of waters of the United States. For linear transportation projects in tidal waters, the discharge cannot cause the loss of greater than 1/3-acre of waters of the United States. Any stream channel modification, including bank stabilization, is limited to the minimum necessary to construct or protect the linear transportation project; such modifications must be in the immediate vicinity of the project. This NWP also authorizes temporary structures, fills, and work, including the use of temporary mats, necessary to construct the linear transportation project. Appropriate measures must be taken to maintain normal downstream flows and minimize flooding to the maximum extent practicable, when temporary structures, work, and discharges, including cofferdams, are necessary for construction activities, access fills, or dewatering of construction sites. Temporary fills must consist of materials, and be placed in a manner, that will not be eroded by expected high flows. Temporary fills must be removed in their entirety and the affected areas returned to pre -construction elevations. The areas affected by temporary fills must be revegetated, as appropriate. This NWP cannot be used to authorize non -linear features commonly associated with transportation projects, such as vehicle maintenance or storage buildings, parking lots, train stations, or aircraft hangars. Notification: The permittee must submit a pre -construction notification to the district engineer prior to commencing the activity if: (1) the loss of waters of the United States exceeds 1/10- acre; or (2) there is a discharge in a special aquatic site, including wetlands. (See general condition 32.) (Authorities: Sections 10 and 404) Note 1: For linear transportation projects crossing a single waterbody more than one time at separate and distant locations, or multiple waterbodies at separate and distant locations, each crossing is considered a single and complete project for purposes of NWP authorization. Linear transportation projects must comply with 33 CFR 330.6(d). Note 2: Some discharges for the construction of farm roads or forest roads, or temporary roads for moving mining equipment, may qualify for an exemption under section 404(f) of the Clean Water Act (see 33 CFR 323.4). Note 3: For NWP 14 activities that require pre -construction notification, the PCN must include any other- NWP(s), regional general permit(s), or individual permit(s) used or intended 1 to be used to authorize any part of the proposed project or any related activity, including other separate and distant crossings that require Department of the Army authorization but do not require pre -construction notification (see paragraph (b) of general condition 32). The district engineer will evaluate the PCN in accordance with Section D, "District Engineer's Decision." The district engineer may require mitigation to ensure that the authorized activity results in no more than minimal individual and cumulative adverse environmental effects (see general condition 23). 2 NATIONWIDE PERMIT GENERAL CONDITIONS The following General Conditions must be followed in order for any authorization by a NWP to be valid: Navigation. (a) No activity may cause more than a minimal adverse effect on navigation. (b) Any safety lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, must be installed and maintained at the permittee's expense on authorized facilities in navigable waters of the United States. (c) The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. 2. Aquatic Life Movements. No activity may substantially disrupt the necessary life cycle movements of those species of aquatic life indigenous to the waterbody, including those species that normally migrate through the area, unless the activity's primary purpose is to impound water. All permanent and temporary crossings of waterbodies shall be suitably culverted, bridged, or otherwise designed and constructed to maintain low flows to sustain the movement of those aquatic species. If a bottomless culvert cannot be used, then the crossing should be designed and constructed to minimize adverse effects to aquatic life movements. 3. Spawning Areas. Activities in spawning areas during spawning seasons must be avoided to the maximum extent practicable. Activities that result in the physical destruction (e.g., through excavation, fill, or downstream smothering by substantial turbidity) of an important spawning area are not authorized. 4. Migratory Bird Breeding. Activities in waters of the United States that serve as breeding areas for migratory birds must be avoided to the maximum extent practicable. 5. Shellfish Beds. No activity may occur in areas of concentrated shellfish populations, unless the activity is directly related to a shellfish harvesting activity authorized by NWPs 4 and 48, or is a shellfish seeding or habitat restoration activity authorized by NWP 27. 6. Suitable Material. No activity may use unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.). Material used for construction or discharged must be free from toxic pollutants in toxic amounts (see section 307 of the Clean Water Act). 3 7. Water Supply Intakes. No activity may occur in the proximity of a public water supply intake, except where the activity is for the repair or improvement of public water supply intake structures or adjacent bank stabilization. 8. Adverse Effects From Impoundments. If the activity creates an impoundment of water, adverse effects to the aquatic system due to accelerating the passage of water, and/or restricting its flow must be minimized to the maximum extent practicable. 9. Management of Water Flows. To the maximum extent practicable, the pre - construction course, condition, capacity, and location of open waters must be maintained for each activity, including stream channelization, storm water management activities, and temporary and permanent road crossings, except as provided below. The activity must be constructed to withstand expected high flows. The activity must not restrict or impede the passage of normal or high flows, unless the primary purpose of the activity is to impound water or manage high flows. The activity may alter the pre -construction course, condition, capacity, and location of open waters if it benefits the aquatic environment (e.g., stream restoration or relocation activities). 10. Fills Within 100-Year Floodplains. The activity must comply with applicable FEMA-approved state or local floodplain management requirements. 11. Equipment. Heavy equipment working in wetlands or mudflats must be placed on mats, or other measures must be taken to minimize soil disturbance. 12. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls must be used and maintained in effective operating condition during construction, and all exposed soil and other fills, as well as any work below the ordinary high water mark or high tide line, must be permanently stabilized at the earliest practicable date. Permittees are encouraged to perform work within waters of the United States during periods of low -flow or no -flow, or during low tides. 13. Removal of Temporary Fills. Temporary fills must be removed in their entirety and the affected areas returned to pre -construction elevations. The affected areas must be revegetated, as appropriate. 14. Proper Maintenance. Any authorized structure or fill shall be properly maintained, including maintenance to ensure public safety and compliance with applicable NWP general conditions, as well as any activity -specific conditions added by the district engineer to an NWP authorization. 15. Single and Complete Project. The activity must be a single and complete project. The same NWP cannot be used more than once for the same single and complete proj ect. 16. Wild and Scenic Rivers. (a) No NWP activity may occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a "study river" for possible inclusion in the system while the river is in an official study status, 11 unless the appropriate Federal agency with direct management responsibility for such river, has determined in writing that the proposed activity will not adversely affect the Wild and Scenic River designation or study status. (b) If a proposed NWP activity will occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a "study river" for possible inclusion in the system while the river is in an official study status, the permittee must submit a pre -construction notification (see general condition 32). The district engineer will coordinate the PCN with the Federal agency with direct management responsibility for that river. The pennittee shall not begin the NWP activity until notified by the district engineer that the Federal agency with direct management responsibility for that rivet- has determined in writing that the proposed NWP activity will not adversely affect the Wild and Scenic River designation or study status. (c) Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency responsible for the designated Wild and Scenic River or study river (e.g., National Park Service, U.S. Forest Service, Bureau of Land Management, U.S. Fish and Wildlife Service). Information on these rivers is also available at: http://www.rivcrs.aov/. 17. Tribal Rights. No NWP activity may cause more than minimal adverse effects on tribal rights (including treaty rights), protected tribal resources, or tribal lands. 18. Endangered Species. (a) No activity is authorized under any NWP which is likely to directly or indirectly jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act (ESA), or which will directly or indirectly destroy or adversely modify the critical habitat of such species. No activity is authorized under any NWP which "may affect" a listed species or critical habitat, unless ESA section 7 consultation addressing the effects of the proposed activity has been completed. Direct effects are the immediate effects on listed species and critical habitat caused by the NWP activity. Indirect effects are those effects on listed species and critical habitat that are caused by the NWP activity and are later in time, but still are reasonably certain to occur. (b) Federal agencies should follow their own procedures for complying with the requirements of the ESA. If pre -construction notification is required for the proposed activity, the Federal permittee must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will verify that the appropriate documentation has been submitted. If the appropriate documentation has not been submitted, additional ESA section 7 consultation may be necessary for the activity and the respective federal agency would be responsible for fulfilling its obligation under section 7 of the ESA. (c) Non-federal permittees must submit a pre -construction notification to the district engineer if any listed species or designated critical habitat might be affected or is in the vicinity of the activity, or if the activity is located in designated critical habitat, and shall not begin work on the activity until notified by the district engineer that the requirements of the ESA have been satisfied and that the activity is authorized. For activities that might affect Federally -listed endangered or threatened species or designated critical habitat, the pre - construction notification must include the name(s) of the endangered or threatened species that E might be affected by the proposed activity or that utilize the designated critical habitat that might be affected by the proposed activity. The district engineer will determine whether the proposed activity "may affect" or will have "no effect" to listed species and designated critical habitat and will notify the non- Federal applicant of the Corps' determination within 45 days of receipt of a complete pre- construction notification. In cases where the non -Federal applicant has identified listed species or critical habitat that might be affected or is in the vicinity of the activity, and has so notified the Corps, the applicant shall not begin work until the Corps has provided notification that the proposed activity will have "no effect" on listed species or critical habitat, or until ESA section 7 consultation has been completed. If the non -Federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps. (d) As a result of formal or informal consultation with the FWS or NMFS the district engineer may add species -specific permit conditions to the NWPs. (e) Authorization of an activity by an NWP does not authorize the "take" of a threatened or endangered species as defined under the ESA. In the absence of separate authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with "incidental take" provisions, etc.) from the FWS or the NMFS, the Endangered Species Act prohibits any person subject to the jurisdiction of the United States to take a listed species, where "take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. The word "harm" in the definition of "take" means an act which actually kills or injures wildlife. Such an act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding or sheltering. (f) If the non-federal permittee has a valid ESA section 10(a)(1)(B) incidental take permit with an approved Habitat Conservation Plan for a project or a group of projects that includes the proposed NWP activity, the non-federal applicant should provide a copy of that ESA section I0(a)(1)(B) permit with the PCN required by paragraph (c) of this general condition. The district engineer will coordinate with the agency that issued the ESA section I0(a)(1)(B) permit to determine whether the proposed NWP activity and the associated incidental take were considered in the internal ESA section 7 consultation conducted for the ESA section 10(a)(1)(B) permit. If that coordination results in concurrence from the agency that the proposed NWP activity and the associated incidental take were considered in the internal ESA section 7 consultation for the ESA section 10(a)(1)(B) permit, the district engineer does not need to conduct a separate ESA section 7 consultation for the proposed NWP activity. The district engineer will notify the non-federal applicant within 45 days of receipt of a complete pre -construction notification whether the ESA section 10(a)(1)(B) permit covers the proposed NWP activity or whether additional ESA section 7 consultation is required. (g) Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the offices of the FWS and NMFS or their world wide web pages at http://www.fws.gov/ or http://www.fws.gov/ipac and http://www.nmfs.noaa.2ov/pr/species/esa/ respectively. 19. Migratory Birds and Bald and Golden Eagles. The permittee is responsible for ensuring their action complies with the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act. The permittee is responsible for contacting appropriate local office of the U.S. Fish and Wildlife Service to determine applicable measures to reduce impacts to migratory C, birds or eagles, including whether "incidental take" permits are necessary and available under the Migratory Bird Treaty Act or Bald and Golden Eagle Protection Act for a particular activity. 20. Historic Properties. (a) In cases where the district engineer determines that the activity may have the potential to cause effects to properties listed, or eligible for listing, in the National Register of Historic Places, the activity is not authorized, until the requirements of Section 106 of the National Historic Preservation Act (NHPA) have been satisfied. (b) Federal permittees should follow their own procedures for complying with the requirements of section 106 of the National Historic Preservation Act. If pre -construction notification is required for the proposed NWP activity, the Federal permittee must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will verify that the appropriate documentation has been submitted. If the appropriate documentation is not submitted, then additional consultation under section 106 may be necessary. The respective federal agency is responsible for fulfilling its obligation to comply with section 106. (c) Non-federal permittees must submit a pre -construction notification to the district engineer if the NWP activity might have the potential to cause effects to any historic properties listed on, determined to be eligible for listing on, or potentially eligible for listing on the National Register of Historic Places, including previously unidentified properties. For such activities, the pre -construction notification must state which historic properties might have the potential to be affected by the proposed NWP activity or include a vicinity map indicating the location of the historic properties or the potential for the presence of historic properties. Assistance regarding information on the location of, or potential for, the presence of historic properties can be sought from the State Historic Preservation Officer, Tribal Historic Preservation Officer, or designated tribal representative, as appropriate, and the National Register of Historic Places (see 33 CFR 330.4(g)). When reviewing pre -construction notifications, district engineers will comply with the current procedures for addressing the requirements of section 106 of the National Historic Preservation Act. The district engineer shall make a reasonable and good faith effort to carry out appropriate identification efforts, which may include background research, consultation, oral history interviews, sample field investigation, and field survey. Based on the information submitted in the PCN and these identification efforts, the district engineer shall determine whether the proposed NWP activity has the potential to cause effects on the historic properties. Section 106 consultation is not required when the district engineer determines that the activity does not have the potential to cause effects on historic properties (see 36 CFR 800.3(a)). Section 106 consultation is required when the district engineer determines that the activity has the potential to cause effects on historic properties. The district engineer will conduct consultation with consulting parties identified under 36 CFR 800.2(c) when he or she makes any of the following effect determinations for the purposes of section 106 of the NHPA: no historic properties affected, no adverse effect, or adverse effect. Where the non -Federal applicant has identified historic properties on which the activity might have the potential to cause effects and so notified the Corps, the non -Federal applicant shall not begin the activity until notified by the district engineer either that the activity has no potential to cause effects to historic properties or that NHPA section 106 consultation has been completed. 7 (d) For non-federal penmittees, the district engineer will notify the prospective permittee within 45 days of receipt of a complete pre -construction notification whether NHPA section 106 consultation is required. If NHPA section 106 consultation is required, the district engineer will notify the non -Federal applicant that he or she cannot begin the activity until section 106 consultation is completed. If the non -Federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps. (e) Prospective permittees should be aware that section 110k of the NHPA (54 U.S.C. 3061 13) prevents the Corps from granting a permit or other assistance to an applicant who, with intent to avoid the requirements of section 106 of the NHPA, has intentionally significantly adversely affected a historic property to which the permit would relate, or having legal power to prevent it, allowed such significant adverse effect to occur, unless the Corps, after consultation with the Advisory Council on Historic Preservation (ACHP), determines that circumstances justify granting such assistance despite the adverse effect created or permitted by the applicant. If circumstances justify granting the assistance, the Corps is required to notify the ACHP and provide documentation specifying the circumstances, the degree of damage to the integrity of any historic properties affected, and proposed mitigation. This documentation must include any views obtained from the applicant, SHPO/THPO, appropriate Indian tribes if the undertaking occurs on or affects historic properties on tribal lands or affects properties of interest to those tribes, and other parties known to have a legitimate interest in the impacts to the permitted activity on historic properties. 21. Discovery of Previously Unknown Remains and Artifacts. If you discover any previously unknown historic, cultural or archeological remains and artifacts while accomplishing the activity authorized by this permit, you must immediately notify the district engineer of what you have found, and to the maximum extent practicable, avoid construction activities that may affect the remains and artifacts until the required coordination has been completed. The district engineer will initiate the Federal, Tribal, and state coordination required to determine if the items or remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 22. Designated Critical Resource Waters. Critical resource waters include, NOAA- managed marine sanctuaries and marine monuments, and National Estuarine Research Reserves. The district engineer may designate, after notice and opportunity for public comment, additional waters officially designated by a state as having particular environmental or ecological significance, such as outstanding national resource waters or state natural heritage sites. The district engineer may also designate additional critical resource waters after notice and opportunity for public comment. (a) Discharges of dredged or fill material into waters of the United States are not authorized by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49, 50, 51, and 52 for any activity within, or directly affecting, critical resource waters, including wetlands adjacent to such waters. (b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, 38, and 54, notification is required in accordance with general condition 32, for any activity proposed in the designated critical resource waters including wetlands adjacent to those waters. The district engineer may authorize activities under these NWPs only after it is determined that the impacts to the critical resource waters will be no more than minimal. 23. Miti a_ag tion. The district engineer will consider the following factors when determining appropriate and practicable mitigation necessary to ensure that the individual and cumulative adverse environmental effects are no more than minimal: (a) The activity must be designed and constructed to avoid and minimize adverse effects, both temporary and permanent, to waters of the United States to the maximum extent practicable at the project site (i.e., on site). (b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing, or compensating for resource losses) will be required to the extent necessary to ensure that the individual and cumulative adverse environmental effects are no more than minimal. (c) Compensatory mitigation at a minimum one -for -one ratio will be required for all wetland losses that exceed IA0-acre and require pre -construction notification, unless the district engineer determines in writing that either some other form of mitigation would be more environmentally appropriate or the adverse environmental effects of the proposed activity are no more than minimal, and provides an activity -specific waiver of this requirement. For wetland losses of 1/10-acre or less that require pre -construction notification, the district engineer may determine on a case -by -case basis that compensatory mitigation is required to ensure that the activity results in only minimal adverse environmental effects. (d) For losses of streams or other open waters that require pre -construction notification, the district engineer may require compensatory mitigation to ensure that the activity results in no more than minimal adverse environmental effects. Compensatory mitigation for losses of streams should be provided, if practicable, through stream rehabilitation, enhancement, or preservation, since streams are difficult -to -replace resources (see 33 CFR 332.3(e)(3)). (e) Compensatory mitigation plans for NWP activities in or near streams or other open waters will normally include a requirement for the restoration or enhancement, maintenance, and legal protection (e.g., conservation easements) of riparian areas next to open waters. In some cases, the restoration or maintenance/protection of riparian areas may be the only compensatory mitigation required. Restored riparian areas should consist of native species. The width of the required riparian area will address documented water quality or aquatic habitat loss concerns. Normally, the riparian area will be 25 to 50 feet wide on each side of the stream, but the district engineer may require slightly wider riparian areas to address documented water quality or habitat loss concerns. If it is not possible to restore or maintain/protect a riparian area on both sides of a stream, or if the waterbody is a lake or coastal waters, then restoring or maintaining/protecting a riparian area along a single bank or shoreline may be sufficient. Where both wetlands and open waters exist on the project site, the district engineer will determine the appropriate compensatory mitigation (e.g., riparian areas and/or wetlands compensation) based on what is best for the aquatic environment on a watershed basis. In cases where riparian areas are determined to be the most appropriate form of minimization or compensatory mitigation, the district engineer may waive or reduce the requirement to provide wetland compensatory mitigation for wetland losses. (f) Compensatory mitigation projects provided to offset losses of aquatic resources must comply with the applicable provisions of 33 CFR part 332. (1) The prospective permittee is responsible for proposing an appropriate compensatory mitigation option if compensatory mitigation is necessary to ensure that the activity results in no more than minimal adverse environmental effects. For the NWPs, the preferred mechanism for providing compensatory mitigation is mitigation bank credits or in - I lieu fee program credits (see 33 CFR 332.3(b)(2) and (3)). However, if an appropriate number and type of mitigation bank or in -lieu credits are not available at the time the PCN is submitted to the district engineer, the district engineer may approve the use of permittee-responsible mitigation. (2) The amount of compensatory mitigation required by the district engineer must be sufficient to ensure that the authorized activity results in no more than minimal individual and cumulative adverse environmental effects (see 33 CFR 330.1(e)(3)). (See also 33 CFR 332.3(f)). (3) Since the likelihood of success is greater and the impacts to potentially valuable uplands are reduced, aquatic resource restoration should be the first compensatory mitigation option considered for permittee-responsible mitigation. (4) If permittee-responsible mitigation is the proposed option, the prospective permittee is responsible for submitting a mitigation plan. A conceptual or detailed mitigation plan may be used by the district engineer to make the decision on the NWP verification request, but a final mitigation plan that addresses the applicable requirements of 33 CFR 332.4(c)(2) through (14) must be approved by the district engineer before the permittee begins work in waters of the United States, unless the district engineer determines that prior approval of the final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation (see 33 CFR 332.3(k)(3)). (5) If mitigation bank or in -lieu fee program credits are the proposed option, the mitigation plan only needs to address the baseline conditions at the impact site and the number of credits to be provided. (6) Compensatory mitigation requirements (e.g., resource type and amount to be provided as compensatory mitigation, site protection, ecological performance standards, monitoring requirements) may be addressed through conditions added to the NWP authorization, instead of components of a compensatory mitigation plan (see 33 CFR 332.4(c)(1)(11)). (g) Compensatory mitigation will not be used to increase the acreage losses allowed by the acreage limits of the NWPs. For example, if an NWP has an acreage limit of 1/2-acre, it cannot be used to authorize any NWP activity resulting in the loss of greater than 1/2-acre of waters of the United States, even if compensatory mitigation is provided that replaces or restores some of the lost waters. However, compensatory mitigation can and should be used, as necessary, to ensure that an NWP activity already meeting the established acreage limits also satisfies the no more than minimal impact requirement for the NWPs. (h) Permittees may propose the use of mitigation banks, in -lieu fee programs, or permittee-responsible mitigation. When developing a compensatory mitigation proposal, the permittee must consider appropriate and practicable options consistent with the framework at 33 CFR 332.3(b). For activities resulting in the loss of marine or estuarine resources, permittee-responsible mitigation may be environmentally preferable if there are no mitigation banks or in -lieu fee programs in the area that have marine or estuarine credits available for sale or transfer to the permittee. For permittee-responsible mitigation, the special conditions of the NWP verification must clearly indicate the party or parties responsible for the implementation and performance of the compensatory mitigation project, and, if required, its long-term management. (1) Where certain functions and services of waters of the United States are permanently adversely affected by a regulated activity, such as discharges of dredged or fill 10 material into waters of the United States that will convert a forested or scrub -shrub wetland to a herbaceous wetland in a permanently maintained utility line right-of-way, mitigation may be required to reduce the adverse environmental effects of the activity to the no more than minimal level. 24. Safety of Impoundment Structures. To ensure that all impoundment structures are safely designed, the district engineer may require non -Federal applicants to demonstrate that the structures comply with established state dam safety criteria or have been designed by qualified persons. The district engineer may also require documentation that the design has been independently reviewed by similarly qualified persons, and appropriate modifications made to ensure safety. 25. Water Quality. Where States and authorized Tribes, or EPA where applicable, have not previously certified compliance of an NWP with CWA section 401, individual 401 Water Quality Certification must be obtained or waived (see 33 CFR 330.4(c)). The district engineer or State or Tribe may require additional water quality management measures to ensure that the authorized activity does not result in more than minimal degradation of water quality. 26. Coastal Zone Mana ems. In coastal states where an NWP has not previously received a state coastal zone management consistency concurrence, an individual state coastal zone management consistency concurrence must be obtained, or a presumption of concurrence must occur (see 33 CFR 330.4(d)). The district engineer or a State may require additional measures to ensure that the authorized activity is consistent with state coastal zone management requirements. 27. Regional and Case -By -Case Conditions. The activity must comply with any regional conditions that may have been added by the Division Engineer (see 33 CFR 330.4(e)) and with any case specific conditions added by the Corps or by the state, Indian Tribe, or U.S. EPA in its section 401 Water Quality Certification, or by the state in its Coastal Zone Management Act consistency determination. 28. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and complete project is prohibited, except when the acreage loss of waters of the United States authorized by the NWPs does not exceed the acreage limit of the NWP with the highest specified acreage limit. For example, if a road crossing over tidal waters is constructed under NWP 14, with associated bank stabilization authorized by NWP 13, the maximum acreage loss of waters of the United States for the total project cannot exceed 1/3-acre. 29. Transfer of Nationwide Permit Verifications. If the pennittee sells the property associated with a nationwide permit verification, the permittee may transfer the nationwide permit verification to the new owner by submitting a letter to the appropriate Corps district office to validate the transfer. A copy of the nationwide permit verification must be attached to the letter, and the letter must contain the following statement and signature: "When the structures or work authorized by this nationwide permit are still in existence at the time the property is transferred, the terms and conditions of this nationwide permit, including any special conditions, will continue to be binding on the new owner(s) of the property. To 11 validate the transfer of this nationwide permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below." (Transferee) (Date) 30. Compliance Certification. Each permittee who receives an NWP verification letter from the Corps must provide a signed certification documenting completion of the authorized activity and implementation of any required compensatory mitigation. The success of any required permittee-responsible mitigation, including the achievement of ecological performance standards, will be addressed separately by the district engineer. The Corps will provide the permittee the certification document with the NWP verification letter. The certification document will include: (a) A statement that the authorized activity was done in accordance with the NWP authorization, including any general, regional, or activity -specific conditions; (b) A statement that the implementation of any required compensatory mitigation was completed in accordance with the permit conditions. if credits from a mitigation bank or in -lieu fee program are used to satisfy the compensatory mitigation requirements, the certification must include the documentation required by 33 CFR 332.3(1)(3) to confirm that the permittee secured the appropriate number and resource type of credits; and (c) The signature of the permittee certifying the completion of the activity and mitigation. The completed certification document must be submitted to the district engineer within 30 days of completion of the authorized activity or the implementation of any required compensatory mitigation, whichever occurs later. 31. Activities Affectiniz Structures or Works Built by the United States. If an NWP activity also requires permission from the Corps pursuant to 33 U.S.C. 408 because it will alter or temporarily or permanently occupy or use a U.S. Army Corps of Engineers (USACE) federally authorized Civil Works project (a "USACE project"), the prospective permittee must submit a pre -construction notification. See paragraph (b)(10) of general condition 32. An activity that requires section 408 permission is not authorized by NWP until the appropriate Corps office issues the section 408 permission to alter, occupy, or use the USACE project, and the district engineer issues a written NWP verification. 32. Pre -Construction Notification. (a) Timing. Where required by the terms of the NWP, the prospective permittee must notify the district engineer by submitting a pre - construction notification (PCN) as early as possible. The district engineer must determine if the PCN is complete within 30 calendar days of the date of receipt and, if the PCN is determined to be incomplete, notify the prospective permittee within that 30 day period to request the additional information necessary to make the PCN complete. The request must specify the information needed to make the PCN complete. As a general rule, district engineers will request additional information necessary to make the PCN complete only once. However, if the 12 prospective permittee does not provide all of the requested information, then the district engineer will notify the prospective permittee that the PCN is still incomplete and the PCN review process will not commence until all of the requested information has been received by the district engineer. The prospective permittee shall not begin the activity until either: (1) He or she is notified in writing by the district engineer that the activity may proceed under the NWP with any special conditions imposed by the district or division engineer; or (2) 45 calendar days have passed from the district engineer's receipt of the complete PCN and the prospective permittee has not received written notice from the district or division engineer. However, if the permittee was required to notify the Corps pursuant to general condition 18 that listed species or critical habitat might be affected or are in the vicinity of the activity, or to notify the Corps pursuant to general condition 20 that the activity might have the potential to cause effects to historic properties, the permittee cannot begin the activity until receiving written notification from the Corps that there is "no effect" on listed species or "no potential to cause effects" on historic properties, or that any consultation required under Section 7 of the Endangered Species Act (see 33 CFR 330.4(f)) and/or- section 106 of the National Historic Preservation Act (see 33 CFR 330.4(g)) has been completed. Also, work cannot begin under NWPs 21, 49, or 50 until the permittee has received written approval from the Corps. If the proposed activity requires a written waiver to exceed specified limits of an NWP, the permittee may not begin the activity until the district engineer issues the waiver. if the district or division engineer notifies the permittee in writing that an individual permit is required within 45 calendar days of receipt of a complete PCN, the permittee cannot begin the activity until an individual permit has been obtained. Subsequently, the permittee's right to proceed under the NWP may be modified, suspended, or revoked only in accordance with the procedure set forth in 33 CFR 330.5(d)(2). (b) Contents of Pre -Construction Notification: The PCN must be in writing and include the following information: (1) Name, address and telephone numbers of the prospective permittee; (2) Location of the proposed activity; (3) Identify the specific NWP or NWP(s) the prospective permittee wants to use to authorize the proposed activity; (4) A description of the proposed activity; the activity's purpose; direct and indirect adverse environmental effects the activity would cause, including the anticipated amount of loss of wetlands, other special aquatic sites, and other waters expected to result from the NWP activity, in acres, linear feet, or other appropriate unit of measure; a description of any proposed mitigation measures intended to reduce the adverse environmental effects caused by the proposed activity; and any other NWP(s), regional general permit(s), or individual permit(s) used or intended to be used to authorize any part of the proposed project or any related activity, including other separate and distant crossings for linear projects that require Department of the Army authorization but do not require pre -construction notification. The description of the proposed activity and any proposed mitigation measures should be sufficiently detailed to allow the district engineer to determine that the adverse environmental effects of the activity will be no more than minimal and to determine the need for compensatory mitigation or other mitigation measures. For single and complete linear projects, the PCN must include the quantity of anticipated losses of wetlands, other special aquatic sites, and other waters for each single and complete crossing of those wetlands, other special aquatic sites, and other waters. 13 Sketches should be provided when necessary to show that the activity complies with the terms of the NWP. (Sketches usually clarify the activity and when provided results in a quicker decision. Sketches should contain sufficient detail to provide an illustrative description of the proposed activity (e.g., a conceptual plan), but do not need to be detailed engineering plans); (5) The PCN must include a delineation of wetlands, other special aquatic sites, and other waters, such as lakes and ponds, and perennial, intermittent, and ephemeral streams, on the project site. Wetland delineations must be prepared in accordance with the current method required by the Corps. The permittee may ask the Corps to delineate the special aquatic sites and other waters on the project site, but there may be a delay if the Corps does the delineation, especially if the project site is large or contains many wetlands, other special aquatic sites, and other waters. Furthermore, the 45 day period will not start until the delineation has been submitted to or completed by the Corps, as appropriate; (6) If the proposed activity will result in the loss of greater than 1/10-acre of wetlands and a PCN is required, the prospective permittee must submit a statement describing how the mitigation requirement will be satisfied, or explaining why the adverse environmental effects are no more than minimal and why compensatory mitigation should not be required. As an alternative, the prospective permittee may submit a conceptual or detailed mitigation plan. (7) For non -Federal permittees, if any listed species or designated critical habitat might be affected or is in the vicinity of the activity, or if the activity is located in designated critical habitat, the PCN must include the name(s) of those endangered or threatened species that might be affected by the proposed activity or utilize the designated critical habitat that might be affected by the proposed activity. For NWP activities that require pre -construction notification, Federal permittees must provide documentation demonstrating compliance with the Endangered Species Act; (8) For non -Federal permittees, if the NWP activity might have the potential to cause effects to a historic property listed on, determined to be eligible for listing on, or potentially eligible for listing on, the National Register of Historic Places, the PCN must state which historic property might have the potential to be affected by the proposed activity or include a vicinity map indicating the location of the historic property. For NWP activities that require pre -construction notification Federal permittees must provide documentation demonstrating compliance with section 106 of the National Historic Preservation Act; (9) For an activity that will occur in a component of the National Wild and Scenic Rivet- System, or in a rivet- officially designated by Congress as a "study river" for possible inclusion in the system while the river is in an official study status, the PCN must identify the Wild and Scenic River or the "study river" (see general condition 16); and (10) For an activity that requires permission from the Corps pursuant to 33 U.S.C. 408 because it will alter or temporarily or permanently occupy or use a U.S. Army Corps of Engineers federally authorized civil works project, the pre -construction notification must include a statement confirming that the project proponent has submitted a written request for section 408 permission from the Corps office having jurisdiction over that USACE project. (c) Form of Pre -Construction Notification: The standard individual permit application form (Form ENG 4345) may be used, but the completed application form must clearly indicate that it is an NWP PCN and must include all of the applicable information required in paragraphs (b)(1) through (10) of this general condition. A letter containing the required information may also be used. Applicants may provide electronic files of PCNs and 14 supporting materials if the district engineer has established tools and procedures for electronic submittals. (d) Agency Coordination: (1) The district engineer will consider any comments from Federal and state agencies concerning the proposed activity's compliance with the terms and conditions of the NWPs and the need for mitigation to reduce the activity's adverse environmental effects so that they are no more than minimal. (2) Agency coordination is required for: (1) all NWP activities that require pre - construction notification and result in the loss of greater than 1/2-acre of waters of the United States; (ii) NWP 21, 29, 39, 40, 42, 43, 44, 50, 51, and 52 activities that require pre - construction notification and will result in the loss of greater than 300 linear feet of stream bed; (iii) NWP 13 activities in excess of 500 linear feet, fills greater than one cubic yard per running foot, or involve discharges of dredged or fill material into special aquatic sites; and (iv) NWP 54 activities in excess of 500 linear feet, or that extend into the waterbody more than 30 feet from the mean low water line in tidal waters or the ordinary high water mark in the Great Lakes. (3) When agency coordination is required, the district engineer will immediately provide (e.g., via e-mail, facsimile transmission, overnight mail, or other expeditious manner) a copy of the complete PCN to the appropriate Federal or state offices (FWS, state natural resource or water quality agency, EPA, and, if appropriate, the NMFS). With the exception of NWP 37, these agencies will have 10 calendar days from the date the material is transmitted to notify the district engineer via telephone, facsimile transmission, or e-mail that they intend to provide substantive, site -specific comments. The comments must explain why the agency believes the adverse environmental effects will be more than minimal. If so contacted by an agency, the district engineer will wait an additional 15 calendar days before making a decision on the pre -construction notification. The district engineer will fully consider agency comments received within the specified time frame concerning the proposed activity's compliance with the terms and conditions of the NWPs, including the need for mitigation to ensure the net adverse environmental effects of the proposed activity are no more than minimal. The district engineer will provide no response to the resource agency, except as provided below. The district engineer will indicate in the administrative record associated with each pre -construction notification that the resource agencies' concerns were considered. For NWP 37, the emergency watershed protection and rehabilitation activity may proceed immediately in cases where there is an unacceptable hazard to life or a significant loss of property or economic hardship will occur. The district engineer will consider any comments received to decide whether the NWP 37 authorization should be modified, suspended, or revoked in accordance with the procedures at 33 CFR 330.5. (4) In cases of where the prospective permittee is not a Federal agency, the district engineer will provide a response to NMFS within 30 calendar days of receipt of any Essential Fish Habitat conservation recommendations, as required by section 305(b)(4)(B) of the Magnuson -Stevens Fishery Conservation and Management Act. (5) Applicants are encouraged to provide the Corps with either electronic files or multiple copies of pre -construction notifications to expedite agency coordination. DISTRICT ENGINEER'S DECISION l . In reviewing the PCN for the proposed activity, the district engineer will determine whether the activity authorized by the NWP will result in more than minimal 15 individual or cumulative adverse environmental effects or may be contrary to the public interest. If a project proponent requests authorization by a specific NWP, the district engineer should issue the NWP verification for that activity if it meets the terms and conditions of that NWP, unless he or she determines, after considering mitigation, that the proposed activity will result in more than minimal individual and cumulative adverse effects on the aquatic environment and other aspects of the public interest and exercises discretionary authority to require an individual permit for the proposed activity. For a linear project, this determination will include an evaluation of the individual crossings of waters of the United States to determine whether they individually satisfy the terms and conditions of the NWP(s), as well as the cumulative effects caused by all of the crossings authorized by NWP. If an applicant requests a waiver of the 300 linear foot limit on impacts to streams or of an otherwise applicable limit, as provided for in NWPs 13, 21, 29, 36, 39, 40, 42, 43, 44, 50, 51, 52, or 54, the district engineer will only grant the waiver upon a written determination that the NWP activity will result in only minimal individual and cumulative adverse environmental effects. For those NWPs that have a waivable 300 linear foot limit for losses of intermittent and ephemeral stream bed and a 1/2-acre limit (i.e., NWPs 21, 29, 39, 40, 42, 43, 44, 50, 51, and 52), the loss of intermittent and ephemeral stream bed, plus any other losses of jurisdictional waters and wetlands, cannot exceed 1/2-acre. 2. When making minimal adverse environmental effects determinations the district engineer will consider the direct and indirect effects caused by the NWP activity. He or she will also consider the cumulative adverse environmental effects caused by activities authorized by NWP and whether those cumulative adverse environmental effects are no more than minimal. The district engineer will also consider site specific factors, such as the environmental setting in the vicinity of the NWP activity, the type of resource that will be affected by the NWP activity, the functions provided by the aquatic resources that will be affected by the NWP activity, the degree or magnitude to which the aquatic resources perform those functions, the extent that aquatic resource functions will be lost as a result of the NWP activity (e.g., partial or complete loss), the duration of the adverse effects (temporary or permanent), the importance of the aquatic resource functions to the region (e.g., watershed or ecoregion), and mitigation required by the district engineer. If an appropriate functional or condition assessment method is available and practicable to use, that assessment method may be used by the district engineer to assist in the minimal adverse environmental effects determination. The district engineer may add case -specific special conditions to the NWP authorization to address site- specific environmental concerns. 3. If the proposed activity requires a PCN and will result in a loss of greater than 1 / 10-acre of wetlands, the prospective permittee should submit a mitigation proposal with the PCN. Applicants may also propose compensatory mitigation for NWP activities with smaller impacts, or for impacts to other types of waters (e.g., streams). The district engineer will consider any proposed compensatory mitigation or other mitigation measures the applicant has included in the proposal in determining whether the net adverse environmental effects of the proposed activity are no more than minimal. The compensatory mitigation proposal may be either conceptual or detailed. If the district engineer determines that the activity complies with the terms and conditions of the NWP and that the adverse environmental effects are no more than minimal, after considering mitigation, the district engineer will notify the permittee and 16 include any activity -specific conditions in the NWP verification the district engineer deems necessary. Conditions for compensatory mitigation requirements must comply with the appropriate provisions at 33 CFR 332.3(k). The district engineer must approve the final mitigation plan before the permittee commences work in waters of the United States, unless the district engineer determines that prior approval of the final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation. If the prospective permittee elects to submit a compensatory mitigation plan with the PCN, the district engineer will expeditiously review the proposed compensatory mitigation plan. The district engineer must review the proposed compensatory mitigation plan within 45 calendar days of receiving a complete PCN and determine whether the proposed mitigation would ensure the NWP activity results in no more than minimal adverse environmental effects. If the net adverse environmental effects of the NWP activity (after consideration of the mitigation proposal) are determined by the district engineer to be no more than minimal, the district engineer will provide a timely written response to the applicant. The response will state that the NWP activity can proceed under the terms and conditions of the NWP, including any activity -specific conditions added to the NWP authorization by the district engineer. 4. If the district engineer determines that the adverse environmental effects of the proposed activity are more than minimal, then the district engineer will notify the applicant either: (a) that the activity does not qualify for authorization under the NWP and instruct the applicant on the procedures to seek authorization under an individual permit; (b) that the activity is authorized under the NWP subject to the applicant's submission of a mitigation plan that would reduce the adverse environmental effects so that they are no more than minimal; or (c) that the activity is authorized under the NWP with specific modifications or conditions. Where the district engineer determines that mitigation is required to ensure no more than minimal adverse environmental effects, the activity will be authorized within the 45-day PCN period (unless additional time is required to comply with general conditions 18, 20, and/or 31, or to evaluate PCNs for activities authorized by NWPs 21, 49, and 50), with activity -specific conditions that state the mitigation requirements. The authorization will include the necessary conceptual or detailed mitigation plan or a requirement that the applicant submit a mitigation plan that would reduce the adverse environmental effects so that they are no more than minimal. When compensatory mitigation is required, no work in waters of the United States may occur until the district engineer has approved a specific mitigation plan or has determined that prior approval of a final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation. FURTHER INFORMATION 1. District Engineers have authority to determine if an activity complies with the terms and conditions of an NWP. 2. NWPs do not obviate the need to obtain other federal, state, or local permits, approvals, or authorizations required by law. 3. NWPs do not grant any property rights or exclusive privileges. 4. NWPs do not authorize any injury to the property or rights of others. 5. NWPs do not authorize interference with any existing or proposed Federal project (see general condition 31). 17 DEFINITIONS Best managementpractices (BMPs): Policies, practices, procedures, or structures implemented to mitigate the adverse environmental effects on surface water quality resulting from development. BMPs are categorized as structural or non-structural. Compensatory mitigation: The restoration (re-establishment or rehabilitation), establishment (creation), enhancement, and/or in certain circumstances preservation of aquatic resources for the purposes of offsetting unavoidable adverse impacts which remain after all appropriate and practicable avoidance and minimization has been achieved. Currently serviceable: Useable as is or with some maintenance, but not so degraded as to essentially require reconstruction. Direct effects: Effects that are caused by the activity and occur at the same time and place. Discharge: The term "discharge" means any discharge of dredged or fill material into waters of the United States. Ecological reference: A model used to plan and design an aquatic habitat and riparian area restoration, enhancement, or establishment activity under NWP 27. An ecological reference may be based on the structure, functions, and dynamics of an aquatic habitat type or a riparian area type that currently exists in the region where the proposed NWP 27 activity is located. Alternatively, an ecological reference may be based on a conceptual model for the aquatic habitat type or riparian area type to be restored, enhanced, or established as a result of the proposed NWP 27 activity. An ecological reference takes into account the range of variation of the aquatic habitat type or riparian area type in the region. Enhancement: The manipulation of the physical, chemical, or biological characteristics of an aquatic resource to heighten, intensify, or improve a specific aquatic resource function(s). Enhancement results in the gain of selected aquatic resource function(s), but may also lead to a decline in other aquatic resource function(s). Enhancement does not result in a gain in aquatic resource area. Ephemeral stream: An ephemeral stream has flowing water only during, and for a short duration after, precipitation events in a typical year. Ephemeral stream beds are located above the water table year-round. Groundwater is not a source of water for the stream. Runoff from rainfall is the primary source of water for stream flow. Establishment (creation): The manipulation of the physical, chemical, or biological characteristics present to develop an aquatic resource that did not previously exist at an upland site. Establishment results in a gain in aquatic resource area. High Tide Line: The line of intersection of the land with the water's surface at the maximum height reached by a rising tide. The high tide line may be determined, in the absence of actual data, by a line of oil or scum along shore objects, a more or less continuous deposit of fine shell or debris on the foreshore or berm, other physical markings or characteristics, vegetation lines, tidal gages, or other suitable means that delineate the general height reached by a rising tide. The line encompasses spring high tides and other high tides that occur with periodic frequency but does not include storm surges in which there is a departure from the normal or predicted reach of the tide due to the piling up of water against a coast by strong winds such as those accompanying a hurricane or other intense storm. Historic Property: Any prehistoric or historic district, site (including archaeological site), building, structure, or other object included in, or eligible for inclusion in, the National 18 Register of Historic Places maintained by the Secretary of the Interior. This term includes artifacts, records, and remains that are related to and located within such properties. The term includes properties of traditional religious and cultural importance to an Indian tribe or Native Hawaiian organization and that meet the National Register criteria (36 CFR part 60). Independent utility: A test to determine what constitutes a single and complete non- linear project in the Corps Regulatory Program. A project is considered to have independent utility if it would be constructed absent the construction of other projects in the project area. Portions of a multi -phase project that depend upon other phases of the project do not have independent utility. Phases of a project that would be constructed even if the other phases were not built can be considered as separate single and complete projects with independent utility. Indirect effects: Effects that are caused by the activity and are later in time or farther removed in distance, but are still reasonably foreseeable. Intermittent stream: An intermittent stream has flowing water during certain times of the year, when groundwater provides water for stream flow. During dry periods, intermittent streams may not have flowing water. Runoff from rainfall is a supplemental source of water for stream flow. Loss of waters of the United States: Waters of the United States that are permanently adversely affected by filling, flooding, excavation, or drainage because of the regulated activity. Permanent adverse effects include permanent discharges of dredged or fill material that change an aquatic area to dry land, increase the bottom elevation of a waterbody, or change the use of a waterbody. The acreage of loss of waters of the United States is a threshold measurement of the impact to jurisdictional waters for determining whether a project may qualify for an NWP; it is not a net threshold that is calculated after considering compensatory mitigation that may be used to offset losses of aquatic functions and services. The loss of stream bed includes the acres or linear feet of stream bed that are filled or excavated as a result of the regulated activity. Waters of the United States temporarily tilled, flooded, excavated, or drained, but restored to pre - construction contours and elevations after construction, are not included in the measurement of loss of waters of the United States. Impacts resulting from activities that do not require Department of the Army authorization, such as activities eligible for exemptions under section 404(f) of the Clean Water Act, are not considered when calculating the loss of waters of the United States. Navigable waters: Waters subject to section 10 of the Rivets and Harbors Act of 1899. These waters are defined at 33 CFR part 329. Non -tidal wetland: A non -tidal wetland is a wetland that is not subject to the ebb and flow of tidal waters. Non -tidal wetlands contiguous to tidal waters are located landward of the high tide line (i.e., spring high tide line). Open water: For purposes of the NWPs, an open water is any area that in a year with normal patterns of precipitation has water flowing or standing above ground to the extent that an ordinary high water mark can be determined. Aquatic vegetation within the area of flowing or standing water is either non -emergent, sparse, or absent. Vegetated shallows are considered to be open waters. Examples of "open waters" include rivers, streams, lakes, and ponds. Ordinary High Water Mark: An ordinary high water mark is a line on the shore established by the fluctuations of water and indicated by physical characteristics, or by other appropriate means that consider the characteristics of the surrounding areas. Perennial stream: A perennial stream has flowing water year-round during a typical year. The water table is located above the stream bed for most of the year. Groundwater is the 19 primary source of water for stream flow. Runoff from rainfall is a supplemental source of water for stream flow. Practicable: Available and capable of being done after taking into consideration cost, existing technology, and logistics in light of overall project purposes. Pre -construction notification: A request submitted by the project proponent to the Corps for confirmation that a particular activity is authorized by nationwide permit. The request may be a permit application, letter, or similar document that includes information about the proposed work and its anticipated environmental effects. Pre -construction notification may be required by the terms and conditions of a nationwide permit, or by regional conditions. A pre - construction notification may be voluntarily submitted in cases where pre -construction notification is not required and the project proponent wants confirmation that the activity is authorized by nationwide permit. Preservation: The removal of a threat to, or preventing the decline of, aquatic resources by an action in or near those aquatic resources. This term includes activities commonly associated with the protection and maintenance of aquatic resources through the implementation of appropriate legal and physical mechanisms. Preservation does not result in a gain of aquatic resource area or functions. Protected tribal resources: Those natural resources and properties of traditional or customary religious or cultural importance, either on or off Indian lands, retained by, or reserved by or for, Indian tribes through treaties, statutes, judicial decisions, or executive orders, including tribal trust resources. Re-establishment: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural/historic functions to a former aquatic resource. Re-establishment results in rebuilding a former aquatic resource and results in a gain in aquatic resource area and functions. Rehabilitation: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing natural/historic functions to a degraded aquatic resource. Rehabilitation results in a gain in aquatic resource function, but does not result in a gain in aquatic resource area. Restoration: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural/historic functions to a former or degraded aquatic resource. For the purpose of tracking net gains in aquatic resource area, restoration is divided into two categories: re-establishment and rehabilitation. Riffle and pool complex: Riffle and pool complexes are special aquatic sites under the 404(b)(1) Guidelines. Riffle and pool complexes sometimes characterize steep gradient sections of streams. Such stream sections are recognizable by their hydraulic characteristics. The rapid movement of water over a course substrate in riffles results in a rough flow, a turbulent surface, and high dissolved oxygen levels in the water. Pools are deeper areas associated with riffles. A slower stream velocity, a streaming flow, a smooth surface, and a finer substrate characterize pools. Riparian areas: Riparian areas are lands next to streams, lakes, and estuarine- marine shorelines. Riparian areas are transitional between terrestrial and aquatic ecosystems, through which surface and subsurface hydrology connects riverine, lacustrine, estuarine, and marine waters with their adjacent wetlands, non -wetland waters, or uplands. Riparian areas provide a variety of ecological functions and services and help improve or maintain local water quality. (See general condition 23.) 20 Shellfish seeding: The placement of shellfish seed and/or suitable substrate to increase shellfish production. Shellfish seed consists of immature individual shellfish or individual shellfish attached to shells or shell fragments (i.e., spat on shell). Suitable substrate may consist of shellfish shells, shell fragments, or other appropriate materials placed into waters for shellfish habitat. Single and complete linear project: A linear project is a project constructed for the purpose of getting people, goods, or services from a point of origin to a terminal point, which often involves multiple crossings of one or more waterbodies at separate and distant locations. The term "single and complete project" is defined as that portion of the total linear project proposed or accomplished by one owner/developer or partnership or other association of owners/developers that includes all crossings of a single water of the United States (i.e., a single waterbody) at a specific location. For linear projects crossing a single or multiple waterbodies several times at separate and distant locations, each crossing is considered a single and complete project for purposes of NWP authorization. However, individual channels in a braided stream or river, or individual arms of a large, irregularly shaped wetland or lake, etc., are not separate waterbodies, and crossings of such features cannot be considered separately. Single and complete non -linear project: For non -linear projects, the term "single and complete project" is defined at 33 CFR 330.2(i) as the total project proposed or accomplished by one owner/developer or partnership or other association of owners/developers. A single and complete non -linear project must have independent utility (see definition of "independent utility"). Single and complete non -linear projects may not be "piecemealed" to avoid the limits in an NWP authorization. Stormwater management: Storrnwater management is the mechanism for controlling stormwater runoff for the purposes of reducing downstream erosion, water quality degradation, and flooding and mitigating the adverse effects of changes in land use on the aquatic environment. Stormwater management facilities: Stormwater management facilities are those facilities, including but not limited to, stormwater retention and detention ponds and best management practices, which retain water for a period of time to control runoff and/or improve the quality (i.e., by reducing the concentration of nutrients, sediments, hazardous substances and other pollutants) of stormwater runoff. Stream bed: The substrate of the stream channel between the ordinary high water marks. The substrate may be bedrock or inorganic particles that range in size from clay to boulders. Wetlands contiguous to the stream bed, but outside of the ordinary high water marks, are not considered part of the stream bed. Stream channelization: The manipulation of a stream's course, condition, capacity, or location that causes more than minimal interruption of normal stream processes. A channelized stream remains a water of the United States. Structure: An object that is arranged in a definite pattern of organization. Examples of structures include, without limitation, any pier, boat dock, boat ramp, wharf, dolphin, weir, boom, breakwater, bulkhead, revetment, riprap, jetty, artificial island, artificial reef, permanent mooring structure, power transmission line, permanently moored floating vessel, piling, aid to navigation, or any other manmade obstacle or obstruction. Tidal wetland: A tidal wetland is a jurisdictional wetland that is inundated by tidal waters. Tidal waters rise and fall in a predictable and measurable rhythm or cycle due to the gravitational pulls of the moon and sun. Tidal waters end where the rise and fall of the water 21 surface can no longer be practically measured in a predictable rhythm due to masking by other waters, wind, or other effects. Tidal wetlands are located channelward of the high tide line. Tribal lands: Any lands title to which is either: 1) held in trust by the United States for the benefit of any Indian tribe or individual; or 2) held by any Indian tribe or individual subject to restrictions by the United States against alienation. Tribal rights: Those rights legally accruing to a tribe or tribes by virtue of inherent sovereign authority, unextinguished aboriginal title, treaty, statute, judicial decisions, executive order or agreement, and that give rise to legally enforceable remedies. Vegetated shallows: Vegetated shallows are special aquatic sites under the 404(b)(1) Guidelines. They are areas that are permanently inundated and under normal circumstances have rooted aquatic vegetation, such as seagrasses in marine and estuarine systems and a variety of vascular rooted plants in freshwater systems. Waterbody:For purposes of the NWPs, a waterbody is a jurisdictional water of the United States. If a wetland is adjacent to a waterbody determined to be a water of the United States, that waterbody and any adjacent wetlands are considered together as a single aquatic unit (see 33 CFR 328.4(c)(2)). Examples of "waterbodies" include streams, rivers, lakes, ponds, and wetlands. 22 FINAL REGIONAL CONDITIONS 2017 NOTICE ABOUT WEB LINKS IN THIS DOCUMENT: The web links (both internal to our Wilmington District and any external links to collaborating agencies) in this document are valid at the time of publication. However, the Wilmington District Regulatory Program web page addresses, as with other agency web sites, may change over the timeframe of the five year Nationwide Permit renewal cycle, in response to policy mandates or technology advances. While we will make every effort to check on the integrity of our web links and provide re -direct pages whenever possible, we ask that you report any broken links to us so we can keep the page information current and usable. We apologize in advanced for any broken links that you may encounter, and we ask that you navigate from the Regulatory home page (Regulatory Permit Program Wetlands and Streams) of the Wilmington District Corps of Engineers, to the "Permits" section of our web site to find links for pages that cannot be found by clicking directly on the listed web link in this document. Final 2017 Regional Conditions for Nationwide Permits (NWP) in the Wilmington District 1.0 Excluded Waters The Corps has identified waters that will be excluded from the use of all NWP's during certain timeframes. These waters are: 1.1 Anadromous Fish Spawning Areas Waters of the United States identified by either the North Carolina Division of Marine Fisheries (NCDMF) or the North Carolina Wildlife Resources Commission (NCWRC) as anadromous fish spawning areas are excluded during the period between February 15 and June 30, without prior written approval from the Corps and either NCDMF or NCWRC. 1.2 Trout Waters Moratorium Waters of the United States in the designated trout watersheds of North Carolina are excluded during the period between October 15 and April 15 without prior written approval from the NCWRC, or from the Eastern Band of Cherokee Indians (EBCI) Fisheries and Wildlife Management (FWM) office if the project is located on EBCI trust land. (See Section 2.7 for information on the designated trout watersheds). 1.3 Sturgeon Spawning Areas as Designated by the National Marine Fisheries Service (NMFS) Waters of the United States designated as sturgeon spawning areas are excluded during the period between February 1 and June 30, without prior written approval from the NMFS. 23 2.0 Waters Requiring Additional Notification The Corps has identified waters that will be subject to additional notification requirements for activities authorized by all NWPs. These waters are: 2.1 Western NC Counties that Drain to Designated Critical Habitat For proposed activities within waters of the United States that require a Pre -Construction Notification (PCN) and are located in the sixteen counties listed below, permittees must provide a copy of the PCN to the U.S. Fish and Wildlife Service (USFWS), 160 Zillicoa Street, Asheville, North Carolina 28801. This PCN must be sent concurrently to the U.S. Fish and Wildlife Service and the Corps Asheville Regulatory Field Office. Please see General Condition 18 for specific notification requirements related to the Endangered Species Act and the below website for information on the location of designated critical habitat. Counties with tributaries that drain to designated critical habitat that require notification to the Asheville U.S. Fish and Wildlife Service: Avery, Cherokee, Forsyth, Graham, Haywood, Henderson, Jackson, Macon, Mecklenburg, Mitchell, Stokes, Surry, Swain, Transylvania, Union and Yancey. Website and office addresses for Endangered Species Act Information: The Wilmington District has developed the following website for permittees which provides guidelines on how to review linked websites and maps in order to fulfill NWP General Condition 18 requirements: http://www.saw.usace.army.mil/Missions/Re-,ulatoLyPermitProizram/A�zencyCoordination/ESA.a WE Permittees who do not have internet access may contact the appropriate U.S. Fish and Wildlife Service offices listed below or Corps at (910) 251-4633: Asheville U.S. Fish and Wildlife Service Office counties: All counties west of and including Anson, Stanly, Davidson, Forsythe and Stokes Counties. U.S. Fish and Wildlife Service Asheville Field Office 160 Zillicoa Street Asheville, NC 28801 Telephone: (828) 258-3939 Raleigh U.S. Fish and Wildlife Service Office counties: all counties east of and including Richmond, Montgomery, Randolph, Guilford, and Rockingham Counties. U.S. Fish and Wildlife Service Raleigh Field Office Post Office Box 33726 24 Raleigh, NC 27636-3726 Telephone: (919) 856-4520 2.2 Special Designation Waters Prior to the use of any NWP, except NWP 3, that involves a discharge of dredged or fill material in any of the following identified waters and/or adjacent wetlands in North Carolina, permittees shall submit a PCN to the District Engineer prior to commencing the activity (see General Condition 32). The North Carolina waters and wetlands that require additional notification requirements are: "Outstanding Resource Waters" (ORW) or "High Quality Waters" (HQW) as designated by the North Carolina Environmental Management Commission; "Primary Nursery Areas" (PNA), including inland PNA, as designated by the North Carolina Marine Fisheries Commission and the NCWRC; or wetlands adjacent to these waters. Definitions of ORW, HQW and PNA waters can be found in the North Carolina State Administrative Code, Title 15A, Subchapters 2B and 1 OC (15A NCAC 02B, 15A NCAC 1 OC) and at the following World Wide Web page: http://rel2orts.oah. state.nc.us/ncac.asp?folderName=\Title%2015A%20- %20Environmental%20Quality&lookUpError=15A%20NCAC%20000%20. Surface water classifications for waters in North Carolina can be viewed at the North Carolina Division of Water Resources website or at the following World Wide Web Page: https://deg.nc. gov/about/divisions/water -resources/planning/classification- standards/classifications Permittees who do not have internet access may contact the Corps at (910) 251- 4633. 2.3 Coastal Area Management Act (CAMA) Areas of Environmental Concern Non-federal permittees for any NWP in a designated "Area of Environmental Concern" (AEC) in the twenty (20) counties of Eastern North Carolina covered by the North Carolina Coastal Area Management Act (CAMA) must also obtain the required CAMA permit. Development activities for non-federal projects may not commence until a copy of the approved CAMA permit is furnished to the appropriate Wilmington District Regulatory Field Office (Wilmington Field Office 69 Darlington Avenue, Wilmington, NC 28403, (910) 251-4802 or Washington Field Office — 2407 West 5th Street, Washington, NC 27889, (910) 251-4610). 2.4 Barrier Islands Prior to the use of any NWP on a barrier island of North Carolina, permittees must submit a PCN to the District Engineer prior to commencing the activity (see General Condition 32). 2.5 Mountain or Piedmont Bogs Prior to the use of any NWP in a Bog, as classified by the North Carolina Wetland Assessment Methodology (NCWAM), pennittees shall submit a PCN to the District Engineer prior to commencing the activity (see General Condition 32). The latest version of NCWAM can be 25 viewed on the Corps RIBITS (Regulatory In -lieu Fee and Bank Information Tracking System) website or at the following World Wide Web Page: https://ribits.usace.army.mil/ribits_apex/f?p=107:27:0::NO::: 2.6 Animal Waste Facilities Prior to use of any NWP for construction of animal waste facilities in waters of the United States, including wetlands, permittees shall submit a PCN to the District Engineer prior to commencing the activity (see General Condition 32). 2.7 Trout Waters Prior to any discharge of dredge or fill material into streams, waterbodies or wetlands within the 294 designated trout watersheds of North Carolina, the permittee shall submit a PCN (see General Condition 32) to the District Engineer prior to commencing the activity, unless other thresholds are established in the Regional Conditions in Section 4 (Additional Regional Conditions for Specific Nationwide Permits). The permittee shall also provide a copy of the notification to the appropriate NCWRC office, or to the EBCI FWM Office (if the project is located on EBCI trust land), to facilitate the determination of any potential impacts to designated Trout Waters. Notification to the Corps will include a statement with the name of the NCWRC or EBCI FWM biologist contacted, the date of the notification, the location of work, a delineation of wetlands and waters, a discussion of alternatives to working in the mountain trout waters, why alternatives were not selected, and, if applicable, a plan to provide compensatory mitigation for all unavoidable adverse impacts to mountain trout waters. NCWRC and NC Trout Watersheds: NCWRC Contact** Counties that are entirely within Trout Watersheds* Counties that are partially within Trout Watersheds* Mountain Coordinator Alleghany Jackson Burke McDowell Balsam Depot Ashe Macon Buncombe Mitchell 20830 Great Smoky Avery Swain Caldwell Polk Mountain Expressway Graham Transylvania Cherokee Rutherford Waynesville, NC 28786 Haywood Watauga Clay Surty Telephone: (828) 558-6011 Henderson Wilkes Madison Yancey For NCDOT Projects: NCDOT Coordinator 206 Charter. Street Albemarle, NC 28001 Telephone: (704) 982-9181 26 *NOTE: To determine notification requirements, contact the Corps Asheville Regulatory Field Office at (828) 271-7980 or view maps for each County at the following World Wide Web page: http://www.saw.usace.army.mil/Missions/Re ul�atoLy-Permit-Pro ra�m/A2cncncy- Coordinati on/Trout/. **If a project is located on EBCI trust land, submit the PCN in accordance with Section 3.14. Contact the Corps Asheville Regulatory Field Office at (828) 271-7980 with questions. 2.8 Western NC Waters and Corridors The pennittee shall submit a PCN (see General Condition 32) to the District Engineer prior to commencing the activity in waters of the United States if the activity will occur within any of the following identified waters in western North Carolina, within 0.5 mile on either side of these waters, or within 0.75 mile of the Little Tennessee River, as measured from the top of the bank of the respective water (i.e., river, stream, or creek): Brasstown Creek Burningtown Creek Cane River Caney Fork Cartoogechaye Creek Chattooga River Cheoah River Cowee Creek Cullasaja River Deep Creek Ellijay Creek French Broad River Garden Creek Hiwassee River Hominy Creek lotla Creek Little Tennessee River (within the river or within 0.75 mile on either side of this river) Nantahala River Nolichucky River North Fork French Broad River North Toe River Nottley River Oconaluftee River (portion not located on trust/EBCI land) Peachtree Creek Shooting Creek Snowbird Creek South Toe River Stecoah Creek Swannanoa River Sweetwater Creek 27 Tuckasegee River (also spelled Tuckaseegee or Tuckaseigee) Valley River Watauga Creek Watauga River Wayah Creek West Fork French Broad River To determine notification requirements, contact the Corps Asheville Regulatory Field Office at (828) 271-7980 or view maps for all corridors at the following World Wide Web page: http://www.saw.usace. army.mil/Missions/Regulatory-Permit-Pr o uam/Agency- Coordination/Designated-Special-W aters. aspx 3.0 List of Corps Regional Conditions for All Nationwide Permits The following conditions apply to all Nationwide Permits in the Wilmington District: 3.1 Limitation of Loss of Stream Bed NWPs may not be used for activities that may result in the loss or degradation of more than 300 total linear feet of stream bed, unless the District Engineer has waived the 300 linear foot limit for ephemeral and intermittent streams on a case -by -case basis and has determined that the proposed activity will result in minimal individual and cumulative adverse impacts to the aquatic environment. Waivers for the loss of ephemeral and intermittent streams must be in writing and documented by appropriate/accepted stream quality assessments*. This waiver only applies to the 300 linear feet threshold for NWPs. This Regional Condition does not apply to NWP 23 (Approved Categorical Exclusions). *NOTE: Permittees should utilize the most current methodology prescribed by Wilmington District to assess stream function and quality. Information can be found at: https://ribits.usace.anny.mil/ribits_apex/f?p=107:27:0::NO::: 3.2 Mitigation for Loss of Stream Bed For any NWP that results in a loss of more than 150 linear feet of stream, the permittee shall provide a mitigation proposal to compensate for more than minimal individual and cumulative adverse impacts to the aquatic environment. For stream losses of 150 linear feet or less that require a PCN, the District Engineer may determine, on a case -by -case basis, that compensatory mitigation is required to ensure that the activity results in minimal adverse effect on the aquatic environment. 3.3 Pre -construction Notification for Loss of Streambed Exceeding 150 Feet Prior to use of any NWP for any activity which impacts more than 150 total linear feet of perennial stream, intermittent or ephemeral stream, the permittee shall submit a PC N to the District Engineer prior to commencing the activity (see General Condition 32). This applies to 28 NWPs that do not have specific notification requirements. If a NWP has specific notification requirements, the requirements of the NWP should be followed. 3.4 Restriction on Use of Live Concrete For all NWPs which allow the use of concrete as a building material, live or fresh concrete, including bags of uncured concrete, may not come into contact with the water in or entering into waters of the United States. Water inside coffer dams or casings that has been in contact with wet concrete shall only be returned to waters of the United States after the concrete is set and cured and when it no longer poses a threat to aquatic organisms. 3.5 Requirements for Using Riprap for Bank Stabilization For all NWPs that allow for the use of riprap material for bank stabilization, the following measures shall be applied: 3.5.1. Where bank stabilization is conducted as part of an activity, natural design, bioengineering and/or geoengineering methods that incorporate natural durable materials, native seed mixes, and native plants and shrubs are to be utilized to the maximum extent practicable. 3.5.2. Filter cloth must be placed underneath the riprap as an additional requirement of its use in North Carolina waters. The placement of filter fabric is not required if the riprap will be pushed or "keyed" into the bank of the waterbody. A waiver from the specifications in this Regional Condition may be requested in writing. The waiver will only be issued if it can be demonstrated that the impacts of complying with this Regional Condition would result in greater adverse impacts to the aquatic environment. 3.5.3. The placement of riprap shall be limited to the areas depicted on submitted work plan drawings. 3.5.4. The riprap material shall be clean and free from loose dirt or any pollutant except in trace quantities that would not have an adverse environmental effect. 3.5.5. It shall be of a size sufficient to prevent its movement from the authorized alignment by natural forces under normal conditions. 3.5.6. The riprap material shall consist of clean rock or masonry material such as, but not limited to, granite, marl, or broken concrete. 3.6 Requirements for Culvert Placement 3.6.1 For all NWPs that involve the construction/installation of culverts, measures will be included in the construction/installation that will promote the safe passage of fish and other aquatic organisms. The dimension, pattern, and profile of the stream above and below a pipe or culvert should not be modified by altering the width or depth of the stream profile in connection with the construction activity. The width, height, and gradient of a proposed culvert should be 29 sufficient to pass the average historical low flow and spring flow without adversely altering flow velocity. Spring flow is the seasonal sustained high flow that typically occurs in the spring. Spring flows should be determined from gage data, if available. In the absence of such data, bank -full flow can be used as a comparable indicator. In Public Trust Areas of Environmental Concern (AEC) and/or the Estuarine Waters AEC as designated by the Coastal Area Management Act (CAMA): All pipes/culverts must be sufficiently sized to allow for the burial of the bottom of the culvert at least one foot below normal bed elevation. Circular Culvert ^ It reambed Material t 12 Inches x Invert Rise (Diameter) In all other areas: Culverts greater than 48 inches in diameter will be buried at least one foot below the bed of the stream. Culverts 48 inches in diameter or less shall be buried to maintain aquatic passage and to maintain passage during drought or low flow conditions, and every effort shall be made to maintain the existing channel slope. Culverts must be designed and constructed in a manner that minimizes destabilization and head cutting. Destabilizing the channel and head cutting upstream should be considered and appropriate actions incorporated in the design and placement of the culvert. A waiver from the depth specifications in this condition may be requested, in writing, by the permittee and issued by the Corp; this request must be specific as to the reasons(s) for the request. The waiver will be issued if it can be demonstrated that the proposed design would result in less impacts to the aquatic environment. All counties: Culverts placed within riparian and/or riverine wetlands must be installed in a manner that does not restrict the flow and circulation patterns of waters of the United States. 9M Culverts placed across wetland fills purely for the purposes of equalizing surface water do not have to be buried, but the culverts must be of adequate size and/or number to ensure unrestricted transmission of water. 3.6.2 Bank -full flows (or less) shall be accommodated through maintenance of the existing bank - full channel cross sectional area. Additional culverts or culvert barrels at such crossings shall be allowed only to receive bank -full flows. Approach'Fl Roaclway Baf3 f Strum Blockade Bottom Culvertburied belowstreambed to appropriate depth (if required). 3.6.3 Where adjacent floodplain is available, flows exceeding bank -full should be accommodated by installing culverts at the floodplain elevation. Additional culverts or culvert barrels at such crossings should not be buried, or if buried, must have sills at the inlets to ensure that they only receive flows exceeding bank -full. 3.6.4 Excavation of existing stream channels shall be limited to the minimum necessary to construct or install the proposed culvert. The final width of the impacted stream at the culvert inlet and outlet should be no greater than the original stream width. A waiver from this condition may be requested in writing; this request must be specific as to the reason(s) for the request. The waiver will be issued if the proposed design would result in less impacts to the aquatic environment and/or if it can be demonstrated that it is not practicable to restore the final width of the impacted stream at the culvert inlet and outlet to the width of the original stream channel. 3.6.5 The width of the culvert shall be comparable to the width of the stream channel. If the width of the culvert is wider than the stream channel, the culvert shall include baffles, benches and/or sills to maintain the width of the stream channel. A waiver from this condition may be requested in writing; this request must be specific as to the reason(s) for the request. The waiver will be issued if it can be demonstrated that it is not practicable or necessary to include baffles, benches or sills and the design would result in less impacts to the aquatic environment. 3.7 Notification to NCDEQ Shellfish Sanitation Section Permittees shall notify the NCDEQ Shellfish Sanitation Section prior to dredging in or removing sediment from an area closed to shell fishing where the effluent may be released to an area open for shell fishing or swimming in order to avoid contamination from the disposal area and cause a temporary shellfish closure to be made. Such notification shall also be provided to the appropriate Corps Regulatory Field Office. Any disposal of sand to the ocean beach should occur between November 1 and April 30 when recreational usage is low. Only clean sand 31 should be used and no dredged sand from closed shell fishing areas may be used. If beach disposal were to occur at times other than stated above or if sand from a closed shell fishing area is to be used, a swimming advisory shall be posted, and a press release shall be issued by the permittee. 3.8 Submerged Aquatic Vegetation Impacts to Submerged Aquatic Vegetation (SAV) are not authorized by any NWP, except NWP 48, unless EFH Consultation has been completed pursuant to the Magnuson -Stevens Fisheries Conservation and Management Act (Magnuson -Stevens Act). Permittees shall submit a PCN (See NWP General Condition 32) to the District Engineer prior to commencing the activity if the project would affect SAV. The permittee may not begin work until notified by the Corps that the requirements of the Magnuson -Stevens Act have been satisfied and that the activity is authorized. 3.9 Sedimentation and Erosion Control Structures and Measures All PCNs will identify and describe sedimentation and erosion control structures and measures proposed for placement in waters of the United States. The structures and measures should be depicted on maps, surveys or drawings showing location and impacts to jurisdictional wetlands and streams. 3.10 Restoration of Temporary Impacts to Stream Beds Upon completion of work that involves temporary stream impacts, streambeds are to be restored to pre -project elevations and widths using natural streambed material such that the impacted stream reach mimics the adjacent upstream and downstream reach. The impacted area shall be backfilled with natural streambed material to a depth of at least 12 inches or to the bottom depth of the impacted area if shallower than 12 inches. An engineered in -stream structure or material can be used to provide protection of a buried structure if it provides benefits to the aquatic environment and can be accomplished by a natural streambed design. A permittee may request a waiver of this condition if it is determined a buried structure needs significant physical protection beyond those provided in this condition. This condition does not apply to NWP 27 — Aquatic Habitat Restoration, Enhancement, and Establishment Activities. 3.11 Restoration of Temporary Impacts to Stream Banks Upon completion of work involving temporary stream bank impacts, stream banks are to be restored to pre -project grade and contours or beneficial grade and contours if the original bank slope is steep and unstable. Natural durable materials, native seed mixes, and native plants and shrubs are to be utilized in the restoration. Natural designs which use bioengineered and/or geo- engineered methods are to be applied. An engineered structure or material can be used to provide protection of a buried structure if it provides benefits to the stream bank environment, provided it is not in excess of the minimum amount needed for protection and does not exceed an average of one cubic yard per running foot placed along the bank below the plane of the ordinary high water mark. A permittee may request a waiver of this condition if it is determined a buried structure 32 needs significant physical protection beyond those provided in this condition. This condition does not apply to NWP 27 Aquatic Habitat Restoration, Enhancement, and Establishment Activities. 3.12 Federal Navigation Channel Setbacks and Corps Easements 3.12.1 Authorized structures and fills located in or adjacent to Federally authorized waterways will be constructed in accordance with the latest setback criteria established by the Wilmington District Engineer. You may review the setback policy at http://www.saw.usace.army.mil/Missions/Navigation/Setbacks.aspx. This general permit does not authorize the construction of hardened or permanently fixed structures within the Federally Authorized Channel Setback, unless the activity is approved by the Corps. The permittee shall submit a PCN (see General Condition 32) to the District Engineer prior to the construction of any structures or fills within the Federally Authorized Channel Setback. 3.12.2 The permittee shall obtain a Consent to Cross Government Easement from the Wilmington District's Land Use Coordinator prior to any crossing of the Corps easement and/or prior to commencing construction of any structures, authorized dredging or other work within the right-of-way of, or in proximity to, a federally designated disposal area. The Land Use Coordinator may be contacted at: CESAW-OP-N, 69 Darlington Avenue, Wilmington, North Carolina 28403-1343, email: SAWWeb-NAV(c�usace.anny.mil 3.13 Northern Long-eared Bat — Endangered Species Act Compliance The Wilmington District, U.S. Army Corps of Engineers has consulted with the United States Fish and Wildlife Service (USFWS) in regards to the threatened Northern long-eared bat (NLEB) (Myotis septentrionalis) and Standard Local Operating Procedures for Endangered Species (SLOPES) have been approved by the Corps and the USFWS. This condition concerns effects to the NLEB only and does not address effects to other federally listed species and/or federally designated critical habitat. A. Procedures when the Corps is the lead federal* agency for a project: The permittee must comply with (1) and (2) below when: • the project is located in the western 41 counties of North Carolina, to include non- federal aid North Carolina Department of Transportation (NCDOT) projects, OR; • the project is located in the 59 eastern counties of North Carolina, and is a non- NCDOT project. *Generally, if a project is located on private property or on non-federal land, and the project is not being funded by a federal entity, the Corps will be the lead federal agency due to the requirement to obtain Department of the Army authorization to impact waters of the United States. If the project is located on federal land, contact the Corps to determine the lead federal agency. 33 (1) A permittee using a NWP must check to see if their project is located in the range of the NLEB by using the following website: http://www.fws.�zov/midwest/endangered/mammals/nleb/pdf/WNSZone. 2df. If the project is within the range of the NLEB, or if the project includes percussive activities (e.g., blasting, pile driving, etc.), the permittee is then required to check the appropriate website in the paragraph below to discover if their project: • is located in a 12-digit Hydrologic Unit Code area ("red HUC" - shown as red areas on the map), AND/OR; • involves percussive activities within 0.25 mile of a red HUC. Red HUC maps - for the western 41 counties in NC (covered by the Asheville Ecological Services Field Office), check the project location against the electronic maps found at: http://www.fws.gov/asheville/htmis/project_review/NLEB_ in WNC.html. For the eastern 59 counties in NC (covered by the Raleigh Ecological Services Field Office), check the project location against the electronic maps found at: https://www.fws.aov/ralciah/NLEB RFO.html. (2) A permittee must submit a PCN to the District Engineer, and receive written authorization from the District Engineer, prior to commencing the activity, if the activity will involve �Lny of the following: • tree clearing/removal, construction/installation of wind turbines in a red HUC, AND/OR; • bridge removal or maintenance, unless the bridge has been inspected and there is no evidence of bat use, (applies anywhere in the range of the NLEB), AND/OR: . percussive activities in a red HUC, or within 0.25 mile of a red HUC. The permittee may proceed with the activity without submitting a PCN to either the Corps or the USFWS, provided the activity complies with all applicable NWP terms and general and regional conditions, if the permittee's review under A.(1) and A.(2) above shows that the project is: • located outside of a red HUC (and there are no percussive activities), and the activity will NOT include bridge removal or maintenance, unless the bridge has been inspected and there is no evidence of bat use, OR; located outside of a red HUC and there are percussive activities, but the percussive activities will not occur within 0.25-mile of a red HUC boundary, and the activity will NOT include bridge removal or maintenance, unless the bridge has been inspected and there is no evidence of bat use, OR; c3A located in a red HUC, but the activity will NOT include: tree clearing/removal; construction/installation of wind turbines; bridge removal or maintenance, unless the bridge has been inspected and there is no evidence of bat use, and/or; aM percussive activities. B. Procedures when the USACE is not the lead federal agency: For projects where another federal agency is the lead federal agency - if that other federal agency has completed project -specific ESA Section 7(a)(2) consultation for the NLEB, and has (1) determined that the project would not cause prohibited incidental take of the NLEB, and (2) completed coordination/consultation that is required by the USFWS (per the directions on the respective USFWS offiice's website), that project may proceed without notification to either the USACE or the USFWS, provided all General and Regional Permit Conditions are met. The NLEB SLOPES can be viewed on the USACE website at the following World Wide Web Page: http://www.saw.usace.anny.mil/Missions/Re ul�atory-Permit-Pro r_ a�m/A eg_nc - Coordination/ESA/. Permittees who do not have internet access may contact the USACE at (910) 25 l - 4633. 3.14 Work on Eastern Band of Cherokee Indians Land All PCNs submitted for activities in waters of the United States on Eastern Band of Cherokee Indians (EBCI) trust land (i.e., Qualla Boundary and non-contiguous tracts of trust land), must comply with the requirements of the latest MOU between the Wilmington District and the Eastern Band of Cherokee Indians. 4.0 Additional Regional Conditions for Specific Nationwide Permits 4.1 NWP #14 - Linear Transportation Projects 4.1.1 If appropriate, permittees shall employ natural channel design (see definition below and NOTE below) to the maximum extent practicable for stream relocations. All stream relocation proposals shall include a Relocation and Monitoring Plan and a functional assessment of baseline conditions (e.g., use of the North Carolina Stream Assessment Methodology). Compensatory mitigation may be required for stream relocations. Natural Channel Design means a geomorphologic approach to stream restoration based on an understanding of valley type, general watershed conditions, dimension, pattern, profile, hydrology and sediment transport of natural, stable channels (reference condition) and applying this understanding to the reconstruction of a stable channel. NOTE: For more information on Natural Channel Design, permittees should reference North Carolina Stream Mitigation Guidance on the Corps RIBTTS (Regulatory Tn-lieu Fee and Bank Information Tracking System) website or at the following World Wide Web Page: https://ribits.usace.army.mil/ribits_apex/f?p=107:27:16705499703550: NO:RP:P27_BUTTON_ KEY:O. 35 4.1.2 This NWP authorizes only upland to upland crossings and cannot be used in combination with Nationwide Permit 18 to create an upland within waters of the United States, including wetlands. 4.1.3 This NWP cannot be used for private projects located in tidal waters or tidal wetlands. 4.1.4 In designated trout watersheds, a PCN is not required for impacts to a maximum of 60 linear feet (150 linear feet for temporary dewatering) or 1/10-acre of jurisdictional aquatic resources for proposed structures not adjoining, adjacent to, or connected to existing structures. In designated trout waters, the permittee shall submit a PCN (see Regional Conditions 2.7 and General Condition 32) to the District Engineer prior to commencing the activity if 1) impacts (other than temporary dewatering to work in dry conditions) to jurisdictional aquatic resources exceed 60 linear feet or 1 /10-acre; 2) temporary impacts to streams or waterbodies associated with dewatering to work in dry conditions exceed 150 linear feet; 3) the project will involve impacts to wetlands; 4) the primary purpose of the project is for commercial development; 5) the project involves the replacement of a bridge or spanning structure with a culvert or non -spanning structure in waters of the United States; or 6) the activity will be constructed during the trout waters moratorium (October 15 through April 15). 4.1.5 The permittee shall submit a PCN to the District Engineer prior to commencing the activity if the activity will involve the discharge of dredged or fill material into more than 150 linear feet of stream channel for the construction of temporary access fills and/or temporary road crossings. The PCN must include a restoration plan that thoroughly describes how all temporary fills will be removed, describes how pre -project conditions will be restored, and includes a timetable for all restoration activities. 36 February 22, 2019 401 Permit and Tar -Pamlico Buffer Authorization ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Alrer or AMR . NORTH CAROLINA Environmental Qualify February 22, 2019 Franklin & Warren Counties NCDWR Project No. 20190200 Bridges 66 & 9 on NC 58 State Project Nos. 17BP.5.R.87 & 17BP.5.R.72 APPROVAL of 401 WATER QUALITY CERTIFICATION and TAR-PAMLICO SUFFER AUTHORIZATION, with ADDITIONAL CONDITIONS Mr. Joey Hopkins, P.E., Division Engineer NCDOT, Division 5 2612 North Duke Street Durham, NC 27704 Dear Mr. Hopkins: You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of replacing Bridge 66 in Franklin County and Bridge 9 in Warren County: Stream Impacts in the Tar -Pamlico River Basin Site Bank Stabilization to Perennial Stream linear ft Temporary Dewatering to Perennial Stream linear ft Total Stream Impact linear ft 1 40 82 122 2 60 71 131 Total 100 153 253 Total Stream impact for Project: 253 linear feet. Wetland Impacts in the Tar -Pamlico River Basin Site Permanent Fill ac Excavation ac Mechanized Clearing ac Total Wetland Impact ac 1 0.03 0 0 0.03 2 0.14 0.01 0.09 0.24 3 0 0 0.05 0.05 Total 0.17 0.01 0.14 0.32 Total Wetland Impact for Project: 0.32 acres. jgf:D__ .jIEQ'5 North Carolina Department of Envuorn untal Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 919, 707.9000 Tar -Pamlico Riparian Buffer Impacts Site Zone 1 Impact (sq ft(using Zone I Buffer Mitigation Required 3:1 ratio) Zone 2 Impact (sq ft Zone 2 Buffer Mitigation Required(using 1.5:1 ratio Totals 8177 NIA 5898 NIA * n/a = Total for Site is less than 1/3 acre and 150 linear feet of impact, no mitigation required Total Buffer Impact for Project: 14075 square feet. The project shall be constructed in accordance with your application received February 14. 2019, After reviewing your application. we have decided that these impacts are covered by General Water Quality Certification Number 4135. This certification corresponds to the Nationwide Permit 14 issued by the Corps of Engineers. This approval is also valid for the Tar -Pamlico Riparian Buffer Rules (15A NCAC 213.0259). In addition, you should acquire any other federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non -Discharge and Water Supply Watershed regulations. This approval will expire with the accompanying 404 permit. This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change, you must notify the NCDWR and submit a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or of total impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). Additional buffer impacts may require compensatory mitigation as described in 15A NCAC 2B.0259. For this approval to remain valid, you must adhere to the conditions listed in the General Certification and any additional conditions listed below. Conditions of Certification: 1. In accordance with commitments made in your application for the minimization of effects to federally protected aquatic species, NCDOT shall use Design Standards in Sensitive Watersheds (15A NCAC 4B.0124[b]-[e]). Any deviation from avoidance and minimization measures included with your application shall be coordinated with approval from NC Wildlife Resources Commission and US Fish and Wildlife Service. 2. The post -construction removal of any temporary bridge structures must return the project site to its preconstruction contours and elevations. The impacted areas shall be revegetated with appropriate native species. [15A NCAC 02H .0506(b)(2)] 3. As a condition of this 401 Water Quality Certification, the bridge demolition and construction must be accomplished in strict compliance with the most recent version of NCDOT's Best Management Practices for Construction and Maintenance Activities. [ 15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506(b)(5)] 4. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed across the bridge and pre-treated through site -appropriate means (grassed swales, pre -formed scour holes, vegetated buffers, etc.) before entering the stream. To meet the requirements of NCDOT's NPDES permit NCS0000250, please refer to the most recent version of the North Carolina Department of'Transportation Stormwater Best Management Practices Toolbox manual for approved measures. [ 15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506(b)(5)] 5. Bridge piles and bents shall be constructed using driven piles (hammer or vibratory) or drilled shaft construction methods. More specifically, jetting or other methods of pile driving are prohibited without prior written approval from the NCDWR first. [ 15A NCAC 02H.0506(b)(2)] 6. No drill slurry or water that has been in contact with uncured concrete shall be allowed to enter surface waters. This water shall be captured, treated, and disposed of properly. [ 15A NCAC 02H .0506(b)(3)] 7. A turbidity curtain will be installed in the stream if driving or drilling activities occur within the stream channel, on the stream bank, or within 5 feet of the top of bank, or during the removal of bents from an old bridge. [15A NCAC 02H .0506(b)(3) ] E Q _r North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail ServiCe Center I Raleigh. North Carolina 27699-1617 919.707.9000 8. Pipes and culverts used exclusively to maintain equilibrium in wetlands, where aquatic life passage is not a concern, shall not be buried. These pipes shall be installed at natural ground elevation. [ 15A NCAC 2H,05061 9. Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed, [ 15A NCAC 02H.0506(b)(2)] 10. For any streams being impacted due to site dewatering activities, the site shall be graded to its preconstruction contours and revegetated with appropriate native species. [15A NCAC 02H.0506(b)(2)] 11. All stormwater runoff shall be directed as sheetflow through stream buffers at non -erosive velocities, unless otherwise approved by this certification. [ 15A NCAC 2B.02591 12. All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the preconstruction contours and revegetated. Maintained buffers shall be permanently revegetated with non -woody species by the end of the growing season following completion of construction. For the purpose of this condition, maintained buffer areas are defined as areas within the transportation corridor that will be subject to regular NCDOT maintenance activities including mowing. The area with non -maintained buffers shall be permanently revegetated with native woody species before the next growing season following completion of construction. [I5A NCAC 2B.0259] 13. Pursuant to 15A NCAC 2B.0259(6), sediment and erosion control devices shall not be placed in Zone I of any Tar -Pamlico Buffer without prior approval by the NCDWR. At this time, the NCDWR has approved no sediment and erosion control devices in Zone 1, outside of the approved project impacts, anywhere on this project. Moreover, sediment and erosion control devices shall he allowed in Zone 2 of the buffers provided that Zone I. is not compromised and that discharge is released as diffuse flow. 14. Native riparian vegetation (trees and shrubs native to your geographic region) must be reestablished in the riparian areas within the construction limits of the project by the end of the growing season following completion of construction. [ 15A NCAC 02B.0259(10)] & [ 15A NCAC 02B.0506(b)(2)] 15. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. [ 15A NCAC 02B.0200] 16. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or protected riparian buffers. [ 15A NCAC 02H.0506(b)(2)] 17, The dimension, pattern and profile of the stream above and below the crossing shall not be modified. Disturbed floodplains and streams shall be restored to natural geomorphic conditions. [ 15A NCAC 02H.0506(b)(2)] 18. The use of rip -rap above the Normal High Water Mark shall be minimized. Any rip -rap placed for stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. [ 15A NCAC 02H.0506(b)(2)] 19. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 20. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the most current version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation in flowing water. [15A NCAC 02H.0506(b)(3) and (c)(3)] 21. Heavy equipment shall be operated from the banks rather than in the stream channel in order to minimize sedimentation and reduce the introduction of other pollutants into the stream. [ 15A NCAC 02H.0506(b)(3)] 22- All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials. [ 15A NCAC 02H.0506(b)(3)] 23. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification. [ 15A NCAC 02H.0506(b)(3)] North Carolina Department ut Environmentai Quala) J Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center J Raleigh, North Carolina 27699-1617 919.70 7.9000 24. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. [15A NCAC 02H.0506(b)(3)] 25. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act) and any other appropriate requirements of State and Federal law. If the NCDWR determines that such standards or laws are not being met (including the failure to sustain a designated or achieved use) or that State or federal law is being violated, or that further conditions are necessary to assure compliance, the NCDWR may reevaluate and modify this certification. [ 15A NCAC 0213.0200] 26. All till slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. [ 15A NCAC 02H.0506(b)(2)] 27. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on -site project manager. [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 28. The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization, including all non-commercial borrow and waste sites associated with the project, shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification. [15A NCAC 02H.0501 and .0502] 29. The issuance of this certification does not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and sedimentation control requirements, etc. 30. The Permittee shall report any violations of this certification to the Division of Water Resources within 24 hours of discovery. [ 15A NCAC 02B.0506(b)(2)] 31. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division Engineer shall complete and return the enclosed "Certification of Completion Form" to notify the NCDWR when all work included in the 401 Certification has been completed. [15A NCAC 02H.0502(f)] 32. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with this permit without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction activities. [I 5A NCAC 02H.0506(b)(3) and (c)(3)] 33. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards [15A NCAC 02H.0506(b)(3) and (c)(3)]: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed. the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor -owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. jg: RE �, _.V5 Nwr North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh. North Carolina 27699-1617 919.707 A000 34. Sediment and erosion control measures shall not be placed in wetlands or surface waters, or within 5 feet of the top of bank, without prior approval from DWR. [15A NCAC 02H.0506(b)(3) and (c)(3)] 35. When applicable, all construction activities shall be performed and maintained in full compliance with G.S. Chapter 1 13A Article 4 (Sediment and Pollution Control Act of 1973). Regardless of applicability of the Sediment and Pollution Control Act, all projects shall incorporate appropriate Best Management Practices for the control of sediment and erosion so that no violations of state water quality standards, statutes, or rules occur. [ 15A NCAC 02H .0506{b)(3) and (c)(3) and 15A NCAC 0213.0200] 36. Design, installation, operation, and maintenance of all sediment and erosion control measures shall be equal to or exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual, or for linear transportation projects, the NCDOT Sediment and Erosion Control Manual. All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites, including contractor -owned or leased borrow pits associated with the project. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. For borrow pit sites, the erosion and sediment control measures shall be designed. installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Minim Manual. Reclamation measures and implementation shall comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971. The sedimentation and erosion control designs shall comply with the requirements set forth in 15A NCAC 0413.0124, Design Standards inSensitive Watershed. [ 15A NCAC 02H.0506(b)(3) and (c)(3); GC 4135] If you wish to contest any statement in the attached Certification you must file a petition for an administrative hearing. You may obtain the petition form from the office of Administrative hearings. You must file the petition with the office of Administrative Hearings within sixty (60) days of receipt of this notice. A petition is considered filed when it is received in the office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00am and 5:00pm, except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Ilearings. The petition may be faxed -provided the original and one copy of the document is received by the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Telephone: (919) 431-3000. Facsimile: (919) 431-3100 A copy of the petition must also be served on DEQ as follows: Mr. Bill F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center jg:g,1E-E- Q5 North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699.1617 919.707.9000 This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions, please contact Rob Ridings at 919-707-3873 Sincerely. ^ri Linda Culpepper, Director Division of Water Resources Electronic copy only distribution: James Lastinger, US Army Corps of Engineers, Raleigh Field Office Chris Murray, Division 5 Environmental Officer Gary Jordan, US Fish and Wildlife Service Travis Wilson, NC Wildlife Resources Commission File Copy 1 i i - �-, DEQ North Carolina Department of Environmental Dually I Division of Water Resources 512 North Salisbury Street 11617 Maik Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES WATER QUALITY GENERAL CERTIFICATION NO.4135 GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR US ARMY CORPS OF ENGINEERS • NATIONWIDE PERMIT NUMBER 14 (LINEAR TRANSPORTATION PROJECTS), AND • REGIONAL GENERAL PERMIT 198200031 (NCDOT BRIDGES, WIDENING PROJECTS, INTERCHANGE IIMPROVEMENTS) Water Quality Certification Number 4135 is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Regulations in 15A NCAC 02H .0500 and 15A NCAC 02B .0200 for the discharge of fill material to surface waters and wetland areas as described in 33 CFR 330 Appendix A (B) (14) of the US Army Corps of Engineers regulations and Regional General Permit 198200031. The State of North Carolina certifies that the specified category of activity will not violate applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95- 217 if conducted in accordance with the conditions hereinafter set forth. Effective date: December 1, 2017 Signed this day: December 1, 2017 By for Linda Culpepper Interim Director CC4135 Activities meeting any one (1) of the following thresholds or circumstances require written approval for a 401. Water Quality Certification from the Division of Water Resources (DWR): a) If any of the conditions of this Certification (listed below) cannot be met; or b) Any temporary or permanent impacts to wetlands, open waters and/or streams, except for Construction of a driveway to a single family residential lot that is determined to not be part of a larger common plan of development, as long as the driveway involves a travel lane of less than 25 feet and total stream impacts of less than 60 feet, including any topographic slope stabilization or in -stream stabilization needed for the crossing; or c) Any stream relocation or stream restoration; or d) Any high -density project, as defined in 15A NCAC 02H .1003(2)(a) and by the density thresholds specified in 15A NCAC 02H .1017, which: i. Disturbs one acre or more of land (including a project that disturbs less than one acre of land that is part of a larger common plan of development or sale); and ii. Has permanent wetland, stream or open water impacts; and iii. Is proposing new built -upon area; and iv. Does not have a stormwater management plan reviewed and approved under a state stormwater program' or a state -approved local government stormwater program'. Projects that have vested rights, exemptions, or grandfathering from state or locally - implemented stormwater programs and projects that satisfy state or locally - implemented stormwater programs through use of community in -lieu programs require written approval; or e) Any permanent impacts to waters, or to wetlands adjacent to waters, designated as: ORW (including SAV), HQW (including PNA), SA, WS-I, WS-li, or North Carolina or National Wild and Scenic River. f) Any permanent impacts to waters, or to wetlands adjacent to waters, designated as Trout except for driveway projects that are below threshold (b) above provided that: i. The impacts are not adjacent to any existing structures ii. All conditions of this General Certification can be met, including adherence to any moratoriums as stated in Condition #10; and iii. A Notification of Work in Trout Watersheds Form is submitted to the Division at least 60 days prior to commencement of work; or g) Any permanent impacts to coastal wetlands [15A NCAC 07H .0205], or Unique Wetlands (UWL); or h) Any impact associated with a Notice of Violation or an enforcement action for violation(s) of NC Wetland Rules (15A NCAC 02H .0500), NC Isolated Wetland Rules (15A NCAC 02H .1300), NC Surface Water or Wetland Standards (15A NCAC 02B .0200), or State Regulated Riparian Buffer Rules (15A NCAC 02B .0200); or z e.g. Coastal Counties, HQW, QRW, or state -implemented Phase II NPOES e.g. Delegated Phase II NPQE5, Water Supply Watershed, Nutrient -Sensitive Waters, or universal Stormwater Management Program Page 2 of 11 GG4'135 i) Any impacts to subject water bodies and/or state regulated riparian buffers along subject water bodies in the Neuse, Tar -Pamlico, or Catawba River Basins or in the Randleman Lake, Jordan Lake or Goose Creels Watersheds (or any other basin or watershed with State Regulated Riparian Area Protection Rules [Buffer Rules] in effect at the time of application) unless: i. The activities are listed as "EXEMPT" from these rules; or ii. A Buffer Authorization Certificate is issued by the NC Division of Coastal Management (DCM); or iii. A Buffer Authorization Certificate or a Minor Variance is issued by a delegated or designated local government implementing a state riparian buffer program pursuant to 143-215.23 Activities included in this General Certification that do not meet one of the thresholds listed above do not require written approval. I. ACTIVITY SPECIFIC CONDITIONS: 1. If this Water Quality Certification is used to access residential, commercial or industrial building sites, then all parcels owned by the applicant that are part of the single and complete project authorized by this Certification must be buildable without additional impacts to streams or wetlands. If required in writing by ❑WR, the applicant shall provide evidence that the parcels are buildable without requiring additional impacts to wetlands, waters, or state regulated riparian buffers. [15A NCAC 02H .0506(b)(4) and (c)(4)] 2. For road and driveway construction purposes, this Certification shall only be utilized from natural high ground to natural high ground. [15A NCAC 02H .0506(b)(2) and (c)(2)] 3. Deed notifications or similar mechanisms shall be placed on all lots with retained jurisdictional wetlands, waters, and state regulated riparian buffers within the project boundaries in order to assure compliance with NC Wetland Rules (15A NCAC 02H .0500), NC Isolated Wetland Rules (15A NCAC 02H .1300), and/or State Regulated Riparian Buffer Rules (15A NCAC 02B .0200). These mechanisms shall be put in place at the time of recording of the property or individual parcels, whichever is appropriate. [15A NCAC 02H .0506(b)(4) and (c)(4)] 4. For the North Carolina Department of Transportation, compliance with the NCDors individual NPDES permit NCS000250 shall serve to satisfy this condition. All other high - density projects that trigger threshold item (d) above shall comply with one of the following requirements: [15A NCAC 02H .0506(b)(5) and (c)(5)] Page 3 of 11 GC4135 a. Provide a completed Stormwater Management Plan (SMP) for review and approval, including all appropriate stormwater control measure (SCM) supplemental forms and associated items, that complies with the high -density development requirements of 15A NCAC 02H .1003. Stormwater management shall be provided throughout the entire project area in accordance with 15A NCAC 02H ,1003. For the purposes of 15A NCAC 02H .1003(2)(a), density thresholds shall be determined in accordance with 15A NCAC 02H .1017. b. Provide documentation (including calculations, photos, etc.) that the project will not cause degradation of downstream surface waters. Documentation shall include a detailed analysis of the hydrological impacts from stormwater runoff when considering the volume and velocity of stormwater runoff from the project built upon area and the size and existing condition of the receiving stream(s). Exceptions to this condition require application to and written approval from DWR. II. GENERAL CONDITIONS: 1. When written authorization is required, the plans and specifications for the project are incorporated into the authorization by reference and are an enforceable part of the Certification. Any modifications to the project require notification to DWR and may require an application submittal to DWR with the appropriate fee. [15A NCAC 02H ,0501 and .05021 2. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint of the impacts (including temporary impacts) as authorized in the written approval from DWR; or beyond the thresholds established for use of this Certification without written authorization. [15A NCAC 02H .0501 and .0502] No removal of vegetation or other impacts of any kind shall occur to state regulated riparian buffers beyond the footprint of impacts approved in a Buffer Authorization or Variance or as listed as an exempt activity in the applicable riparian buffer rules. [15A NCAC 02B .0200] 1 In accordance with 15A NCAC 02H .0506(h) and Session Law 2017-10, compensatory mitigation may be required for losses of greater than 300 linear feet of perennial streams and/or greater than one (1) acre of wetlands. Impacts associated with the removal of a dam shall not require mitigation when the removal complies with the requirements of Part 3 of Article 21 in Chapter 143 of the North Carolina General Statutes. Impacts to isolated and other non-404 jurisdictional wetlands shall not be combined with 404 jurisdictional wetlands for the purpose of determining when impact thresholds trigger a mitigation requirement. For linear publicly owned and maintained transportation projects that are not determined to be part of a larger common plan of development by the US Army Corps of Engineers, compensatory mitigation may be required for losses of greater than 300 linear feet per perennial stream. Page 4 of 11 GC4135 Compensatory stream and/or wetland mitigation shall be proposed and completed in compliance with G.S. 143-214.11. For applicants proposing to conduct mitigation within a project site, a complete mitigation proposal developed in accordance with the most recent guidance issued by the US Army Corps of Engineers Wilmington District shall be submitted for review and approval with the application for impacts. 4. All activities shall be in compliance with any applicable State Regulated Riparian Buffer Rules in Chapter 2 of Title 15A. S. When applicable, all construction activities shall be performed and maintained in full compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973). Regardless of applicability of the Sediment and Pollution Control Act, all projects shall incorporate appropriate Best Management Practices for the control of sediment and erosion so that no violations of state water quality standards, statutes, or rules occur. [15A NCAC 02H .0506(b)(3) and (c)(3) and 15A NCAC 02B .0200] Resign, installation, operation, and maintenance of all sediment and erosion control measures shall be equal to or exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual, or for linear transportation projects, the NCDOT Sediment and Erosion Control Manual. All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites, including contractor -owned or leased borrow pits associated with the project. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. For borrow pit sites, the erosion and sediment control measures shall be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. Reclamation measures and implementation shall comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS-I, WS-II, High Quality Waters (HQW), or Outstanding Resource Waters (ORW), then the sedimentation and erosion control designs shall comply with the requirements set forth in 15A NCAC 04B .0124, Design Standards in Sensitive Watersheds. 6. Sediment and erosion control measures shall not be placed in wetlands or waters except within the footprint of temporary or permanent impacts authorized under this Certification. Exceptions to this condition require application to and written approval from DWR. [15A NCAC 02H .0501 and .05021 7. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along streambanks or within wetlands. Exceptions to this condition require application to and written approval from DWR. [15A NCAC 02B .0201] Page 5 of 11 GC4135 S. An NPDES Construction Stormwater Permit (NCG010000) is required for construction projects that disturb one (1) or more acres of land. The NCG010000 Permit allows stormwater to be discharged during land disturbing construction activities as stipulated in the conditions of the permit. If the project is covered by this permit, full compliance with permit conditions including the erosion & sedimentation control plan, inspections and maintenance, self -monitoring, record keeping and reporting requirements is required. [15A NCAC 02H .0506(b)(5) and (c)(5)1 The North Carolina Department of Transportation (NCDOT) shall be required to be in full compliance with the conditions related to construction activities within the most recent version of their individual NPDES (NCS000250) stormwater permit. [15A NCAC 02H .0506(b)(5) and (c)(5)] 9. All work in or adjacent to streams shall be conducted so that the flowing stream does not come in contact with the disturbed area. Approved best management practices from the most current version of the NC Sediment and Erosion Control Manual, or the NC DOT Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams, and other diversion structures shall be used to minimize excavation in flowing water. Exceptions to this condition require application to and written approval from DWR. [15A NCAC 02H .0506(b)(3) and (c)(3)] 10. If activities must occur during periods of high biological activity (e.g. sea turtle nesting, fish spawning, or bird nesting), then biological monitoring may be required at the request of other state or federal agencies and coordinated with these activities. [15A NCAC 02H .0506 (b)(2) and 15A NCAC 04B .0125] All moratoriums on construction activities established by the NC Wildlife Resources Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries (DMF), or National Marine Fisheries Service (NMFS) shall be implemented. Exceptions to this condition require written approval by the resource agency responsible for the given moratorium. A copy of the approval from the resource agency shall be forwarded to ❑WR. Work within a designated trout watershed of North Carolina (as identified by the Wilmington District of the US Army Corps of Engineers), or identified state or federal endangered or threatened species habitat, shall be coordinated with the appropriate WRC, USFWS, NMFS, and/or DMF personnel. 11. Culverts shall be designed and installed in such a manner that the original stream profiles are not altered and allow for aquatic life movement during low flows. The dimension, pattern, and profile of the stream above and below a pipe or culvert shall not be modified by widening the stream channel or by reducing the depth of the stream in connection with the construction activity. The width, height, and gradient of a proposed culvert shall be such as to pass the average historical low flow and spring flow without adversely altering flow velocity. [15A NCAC 02H .0506(b)(2) and (c)(2)] Page 6 of 11 GC4135 Placement of culverts and other structures in streams shall be below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20°% of the culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow low flow passage of water and aquatic life. If multiple pipes or barrels are required, they shall be designed to mimic the existing stream cross section as closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream channel shall be avoided. When topographic constraints indicate culvert slopes of greater than 5%, culvert burial is not required, provided that all alternative options for flattening the slope have been investigated and aquatic life movement/connectivity has been provided when possible (e.g. rock ladders, cross vanes, etc.). Notification, including supporting documentation to include a location map of the culvert, culvert profile drawings, and slope calculations, shall be provided to DWR 50 calendar days prior to the installation of the culvert. When bedrock is present in culvert locations, culvert burial is not required provided that there is sufficient documentation of the presence of bedrock. Notification, including supporting documentation such as, a location map of the culvert, geotechnical reports, photographs, etc. shall be provided to DWR a minimum of 50 calendar days prior to the Installation of the culvert. If bedrock is discovered during construction, then DWR shall be notified by phone or email within 24 hours of discovery. If other site -specific topographic constraints preclude the ability to bury the culverts as described above and/or it can be demonstrated that burying the culvert would result in destabilization of the channel, then exceptions to this condition require application to and written approval from DWR. Installation of culverts in wetlands shall ensure continuity of water movement and be designed to adequately accommodate high water or flood conditions. When roadways, causeways, or other fill projects are constructed across FEMA-designated floodways or wetlands, openings such as culverts or bridges shall be provided to maintain the natural hydrology of the system as well as prevent constriction of the floodway that may result in destabilization of streams or wetlands. The establishment of native woody vegetation and other soft stream bank stabilization techniques shall be used where practicable instead of rip -rap or other bank hardening methods. 12. Bridge deck drains shall not discharge directly into the stream. 5tormwater shall be directed across the bridge and pre-treated through site -appropriate means to the maximum extent practicable (e.g. grassed swales, pre -formed scour holes, vegetated buffers, etc_) before entering the stream. Exceptions to this condition require application to and written approval from DWR. [15A NCAC 02H .0505(b)(5)] Page 7 of 11 GG41 35 13. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal, State and Local regulations. Fertilizer application shall be accomplished in a manner that minimizes the risk of contact between the fertilizer and surface waters. [15A NCAC 02B .0200 and 15A NCAC 02B .0231] 14, If concrete is used during construction, then all necessary measures shall be taken to prevent direct contact between uncured or curing concrete and waters of the state. Water that inadvertently contacts uncured concrete shall not be discharged to waters of the state. [15A NCAC 026 .0200] 15. All proposed and approved temporary fill and culverts shall be removed and the impacted area shall be returned to natural conditions within 60 calendar days after the temporary Impact is no longer necessary. The impacted areas shall be restored to original grade, including each stream's original cross sectional dimensions, planform pattern, and longitudinal bed profile. For projects that receive written approval, no temporary impacts are allowed beyond those included in the application and authorization. All temporarily impacted sites shall be restored and stabilized with native vegetation. [15A NCAC 02H .0505(b)(2) and (c)(2)] 16. All proposed and approved temporary pipes/culverts rip -rap pads etc. in streams shall be installed as outlined in the most recent edition of the North Carolina Sediment and Erosion Control Planning and Design Manual or the North Carolina Surface Mining Manual or the North Carolina Department of Transportation Best Management Practices for Construction and Maintenance Activities so as not to restrict stream flow or cause dis-equilibrium during use of this Certification, [15A NCAC 02H .0506(b)(2) and (c)(2)] 17. Any rip -rap required for proper culvert placement, stream stabilization, or restoration of temporarily disturbed areas shall be restricted to the area directly impacted by the approved construction activity. All rip -rap shall be placed such that the original stream elevation and streambank contours are restored and maintained. Placement of rip -rap or other approved materials shall not result in de -stabilization of the stream bed or banks upstream or downstream of the area or in a manner that precludes aquatic life passage. [15A NCAC 02H .0506(b)(2)] 18. Any rip -rap used for stream or shoreline stabilization shall be of a size and density to prevent movement by wave, current action, or stream flows and shall consist of clean rock or masonry material free of debris or toxic pollutants. Rip -rap shall not be installed in the streambed except in specific areas required for velocity control and to ensure structural integrity of bank stabilization measures. [15A NCAC 02H .0506(b)(2)] 19. Applications for rip -rap groins proposed in accordance with 15A NCAC 07H .1401 (NC Division of Coastal Management General Permit for construction of Wooden and Rip -rap Groins in Estuarine and Public Trust Waters) shall meet all the specific conditions for design and construction specified in 15A NCAC 07H .1405. Page 8 of 11 GC4135 20. All mechanized equipment operated near surface waters shall be inspected and maintained regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or other toxic materials. Construction shall be staged in order to minimize the exposure of equipment to surface waters to the maximum extent practicable. Fueling, lubrication and general equipment maintenance shall be performed in a manner to prevent, to the maximum extent practicable, contamination of surface waters by fuels and oils. [15A NCAC 02H .0506(b)(3) and (c)(3) and 15A NCAC 028 ,0211 (12)] 21. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken to minimize soil disturbance. [15A NCAC 02H .0506(b)(3) and (c)(3)] 22.In accordance with 143-215.85(b), the applicant shall report any petroleum spill of 25 gallons or more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less than 25 gallons that cannot be cleaned up within 24 hours. 23. If an environmental document is required under the State Environmental Policy Act (SEPA), then this General Certification is not valid until a Finding of No Significant Impact (FCINSI) or Record of Decision (ROD) is issued by the State Clearinghouse. If an environmental document is required under the National Environmental Policy Act (NEPA), then this General Certification is not valid until a Categorical Exclusion, the Final Environmental Assessment, or Final Environmental Impact Statement is published by the lead agency. [15A NCAC 01C .0107(a)] 24. This General Certification does not relieve the applicant of the responsibility to obtain all other required federal, State, or Local approvals before proceeding with the project, including those required by, but not limited to, Sediment and Erosion Control, Non - Discharge, Water Supply Watershed, and Trout Buffer regulations. 25. The applicant and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal Law. If ❑WR determines that such standards or laws are not being met, including failure to sustain a designated or achieved use, or that State or Federal law is being violated, or that further conditions are necessary to assure compliance, then DWR may revoke or modify a written authorization associated with this General Water Quality Certification. [15A NCAC 02H .0507(d)] 26. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this Certification. A copy of this Certification, including all conditions shall be available at the project site during the construction and maintenance of this project. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(z)] Page 9 of 11 GC4135 27. When written authorization is required for use of this Certification, upon completion of all permitted impacts included within the approval and any subsequent modifications, the applicant shall be required to return a certificate of completion (available on the DWR website https:/Zedocs.deQ.nc,gov/Forms/Certificate-of-Completion). [15A NCAC 02H .0502(f)] _ 28, Additional site -specific conditions, including monitoring and/or modeling requirements, may be added to the written approval letter for projects proposed under this Water Quality Certification in order to ensure compliance with all applicable water quality and effluent standards. [15A NCAC 02H .0507(c)] 29. If the property or project is sold or transferred, the new permittee shall be given a copy of this Certification (and written authorization if applicable) and is responsible for complying with all conditions. [15A NCAC 02H .0501 and .05021 GENERAL CERTIFICATION ADMINISTRATION: 1. In accordance with North Carolina General Statute 143-215.3D(e), written approval for a 401 Water Quality General Certification must include the appropriate fee. An applicant for a CAMA permit under Article 7 of Chapter 113A of the General Statutes for which a Water Quality Certification is required shall only make one payment to satisfy both agencies; the fee shall be as established by the Secretary in accordance with 143-215.313(e)(7). 2. This Certification neither grants nor affirms any property right, license, or privilege in any waters, or any right of use in any waters, This Certification does not authorize any person to interfere with the riparian rights, littoral rights, or water use rights of any other person and this Certification does not create any prescriptive right or any right of priority regarding any usage of water, This Certification shall not be interposed as a defense in any action respecting the determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed by virtue of this Certification to possess any prescriptive or other right of priority with respect to any other consumptive user regardless of the quantity of the withdrawal or the date on which the withdrawal was initiated or expanded. 3. This Certification grants permission to the Director, an authorized representative of the Director, or DWR staff, upon the presentation of proper credentials, to enter the property during normal business hours. [15A NCAC 02H .0502(e)] 4. This GeneralCertification shall expire on the same day as the expiration date of the corresponding Nationwide Permit and/or Regional General Permit. The conditions in effect on the date of issuance of Certification for a specific project shall remain in effect for the life of the project, regardless of the expiration date of this Certification. This General Certification is rescinded when the US Army Corps of Engineers reauthorizes any of the corresponding Nationwide Permits and/or Regional General Permits or when deemed appropriate by the Director of the Division of Water Resources. Page 10 of 11 GC4135 S. Non-compliance with or violation of the conditions herein set forth by a specific project may result in revocation of this General Certification for the project and may also result in criminal and/or civil penalties. 6. The Director of the North Carolina Division of Water Resources may require submission of a formal application for Individual Certification for any project in this category of activity if it is deemed in the public's best interest or determined that the project is likely to have a significant adverse effect upon water quality, including state or federally listed endangered or threatened aquatic species, or degrade the waters so that existing uses of the water or downstream waters are precluded. History Nate: Water Quality Certification (WQC) Number 4135 issued December 1, 2017 replaces WQC Number 4088 issued March 3, 2017; WQC 3886 issued March 12, 2012; WQC Number 3820 issued April 6, 2010, WQC Number 3627 issued March 2007, WQC Number 3404 issued March 2003; WQC Number 3375 issued March 18, 2002; WQC Number 3289 issued June 1, 2000, WQC Number 3103 issued February 11, 1997, WQC Number 2732 issued May 1, 1992; WQC Number 2666 issued January 21, 1992; WQC Number 2177 issued November 5, 1987. Page 11 of 11 Permit Drawings North Carolina Department of Transportation Highway Stormwater Program �i it)1-i l'k"v if'f" STORMWATER MANAGEMENT PLAN Version 2.08; Released April 2018 FOR NCDOT PROJECTS WBS Element: SF-920009 TIP No.: 17BP.5.R.72 County(ies): Warren Franklin Page 1 of 2 General Project Information WBS Element: SF-920009 ITIP Number: 17BP.5.R.72 Project Type: Bridge Replacement Date: 2/1/2019 NCDOT Contact: Galen Cail Contractor / Designer: Frank F. Fleming Address: 1000 Birch Ridge Drive Raleigh, NC 27610 Address: 940 Main Campus Dr Ste 500 Raleigh, NC 27605 Phone: 919-707-6711 Phone: 919-741-5785 Email: gcail@ncdot.gov Email:,ffleminq@vhb.com City/Town: Warrenton County(ies): Warren I Franklin River Basin(s): Tar -Pamlico T I CAMA County? I No INo Wetlands within Project Limits? Yes Project Description Project Length (lin. miles or feet): 0.10 Surrounding Land Use: Rural residential, farmland Proposed Project Existing Site Project Built -Upon Area (ac.) 0.8 ac. 0.5 ac. Typical Cross Section Description: 3@12'x8' RCBC 1 @22' reinforced concrete slab on reinforced concrete full height abutments on pile footings Annual Avg Daily Traffic (veh/hr/day): Design/Future: 1940 Year: 2038 Existing: 970 Year: 2018 General Project Narrative: (Description of Minimization of Water Quality Impacts) State projects SF-920009 involves the replacement of the existing NCDOT Bridge #920009 on NC-58 over Shocco Creek. Bridge #920009 consists of 1 @22' reinforced concrete slab on reinforced concrete full height abutments on pile footings. The proposed crossing is located in Zone AE of FIRM Map number 3720286800K and was studied by "Limited Detailed" methods. No proposed deck drains. Proposed culvert #920009 consists of 3@12'x8' RCBC. SF-920009 begins at STA. 15+75 -L-. Waterbody Information Surface Water Body (1): Shocco Creek Overflow NCDWR Stream Index No.: 28-79-22-6 NCDWR Surface Water Classification for Water Body Primary Classification: Class C None None Supplemental Classification: Nutrient Sensitive Waters (NSW) None None Other Stream Classification: None None None None None Impairments: None None None None None Aquatic T&E Species? No Comments: None NRTR Stream ID: Buffer Rules in Effect: Tar -Pamlico Project Includes Bridge Spanning Water Body? iYes I Deck Drains Discharge Over Buffer? INo Dissipator Pads Provided in Buffer? INo Deck Drains Discharge Over Water Body? No (If yes, provide justification in the General Project Narrative) (If yes, describe in the General Project Narrative; if no, justify in the General Project Narrative) If es, provide justification in the General Project Narrative North Carolina Department of Transportation ■-[i{llwayr Highway Stormwater Program STORMWATER MANAGEMENT PLAN (Version 2.08; Released April 2018 FOR NCDOT PROJECTS 4•. .._ WBS Element: SF-920009 TIP No.: 17BP.5.R.72County(ies): Warren Franklin Page 2 of 2 Bridge to Culvert Avoidance and Minimization Proposed Structure Summary Sheet No. & Station Sheet No.: 4 Station: 17+94 -L- Number of Barrels: 3 Drainage Area (ac or sq mi): 71 Sq. Miles Barrel Width/Diameter (ft): 12' Surface Water Body: (1)Shocco Creek Overflow Barrel Height (ft): 8' Culvert Type: Reinforced Concrete Box Culvert Culvert Length (ft) 57.6' Avoidance and Minimization Efforts: (Bridge to Culvert) Erosion Control - Bank stabilization with Class II rip rap at 1.5:1 Rock Plating will be utilized on the left (Upstream side) in order to minimize wetland impacts. Impervious dikes will be used for the construction of the culvert. Silt fence will be installed along the fill slopes. During the construction of the proposed culvert and roadway there shall be minimal clearing of vegetation on the existing shoulders and side slopes. Native seeding and mulching will be applied to excavated existing roadway embankment. Stream Slope Fish and/or Aquatic Life Passage Existing Average Stream Slope (%): NA % Existing Low Flow Channel Dimensions in the Stream: NA - No channel - overflow structure Proposed Culvert Slope (%): 1 0.35 % Culvert Burial Proposed Culvert Burial Depth (ft): 1.0' Existing Streambed Material: Sand/Silt Proposed Low Flow Dimensions Through the Culvert: 36' wide base channel. W/ 2:1 SS Proposed Sills/Baffles: NA Existing Low Flow Velocities in the Stream (ft/s): NA - overflow channel Proposed ow Flow Velocities Through the Culvert (ft/s): NA -overflow channel Alternating Low Flow Sills/Baffles: NA Culvert/Stream Alignment Stream Patterns Upstream and Downstream of the Culvert that Could Affect Fish Passage and Bank Stability: No existing channel. Overflow structure. Bed Forms Impacted by Culvert (riffles, pools, glides, etc.): NA Low Flow Floodplain Bench Required? (provide justification) No Bends at Inlet/Outlet? (describe culvert alignment with stream) No Stream Realignment Necessary? (provide justification) No Bank Stabilization: Class II Rip Rap Outlet Velocities Natural Stream Channel 2-yr Velocity (ft/s): 0.6 Natural Stream Channel 10-yr Velocity (ft/s): 1.1 Proposed Culvert 2-yr Outlet Velocity (ft/s): 2.8 Proposed Culvert 10-yr Outlet Velocity (ft/s): 5.8 Roadway Geometric Considerations Evaluate/Describe Roadway Geometric Constraints: A meeting with US Fish and Wildlife and other stakeholders was held on site on 1/26/2017 to discuss alternative alignments and structure types for the replacement of the two bridges. See discussion items below. There was general consensus to realign the road to the West. There was general consensus that the replacement structure of the overflow bridge (Warren 09) can be a RC Box Culvert. The entire existing roadway embankment is to be removed to natural ground between the tie-ins with the new and old alignment. This area will be stabilized with Native Seed Mix and matted. W O ti H ;m If 1627 Shorro old Neck Read 1629 odd 1628 Mante Ernest P. Turner 'f�'anch Leek R ad Road 1407 1649 Schloss Road Perry Road 1407 a adw 4� R ' Road IsiIPI-s (;reek FR �}4' S8 94 1628 14D7 Ernest A. Schloss WARREN TUYner WARREN Road Road FRANKLIN Shnau W UXI'y Creek 1442 shr,"" Vaiden Rad 1442 C—k valdn Ruad PROJECT LOCATION 1445 ss Thomas san Rodd 1436 Laurel vllL eeRoadme 1446 1446 GolA BnnA < ;,.Id Sand woad church Road Wood Church 1451 F.. S,l, Mid le Sch. Road Norwood G'Pt- 144❑ Road ce�ne.aal. sp2—west Road roy.2w 1473 '^ Reynolds Road 1441 1451 1441 Perry Gu Ptnrl Leonard Collins -Mill Road Road Road VICINITY MAP See Sheet 1A For Index of Sheets See Sheet 1 B For Conventional Symbols S"I'Arl'E OF \ORrl'I < CAROLINA DIVISION OF HIGHWAYS WARREN. COUNTY LOCATION. BRIDGE NO. 9 OVER OVERFLOW FOR SHOCCO CREEK ON NC 58 TYPE OF WORK: GRADING, DRAINAGE, PAVING, AND CULVERT WETLAND AND SURFACE WATER IMPACTS PERMIT G g6� / TO N i SITE 1 BEGIN STATE PROJECT 17BP5R72' —L— POT STA/5t75DO I Y, s rn Tv, elk\ SITE SITE STA18 STATH PHOIHCT HHPHHHNCH NO. 8186'f N0. TOTwL SHBB'r8 N.C. 1713P.5.R.72 STwTH PIIOl.NQ P.wP110LNQ 085C41PT[ON 17BP.5.R.72 WA PE 17131".5.11.72 WA ROW 17BP.5.R.72 WA UTILITIES END STATE lPfWEC —L— POC A21+5O, CULVERT —L— STA1B+14+/— k k L% TD STA 20 25 T Itk K KI J f � Y%fir -Jim I BEGIN CULVE —L— POT ST f1+74+/ ",k" "k �, � k r k kkk%�•—%l k P � lyk kkk k kkk kk k� Ikk // >y'� �/ I Ili 17BP.5.R.72 PERMIT DRAWING SHEET 1 OF 4 O a�SRS NP rR�B/r 60T)640 T 0M CLEARING ON THIS PROJECT SHALL BE TO LIMITS ESTABLISHED USING METHOD III. DOCUMENT NOT CONSIDERED FINAL THIS PROJECT IS NOT WITHIN ANY MUNICIPAL BOUNDARIES. UNLESS ALL SIGNATURES COMPLETED GRAPHIC SCALES 50 25 0 50 l00 DESIGN DATA 2018 ADT = 970 VPD 2038 ADT = 1940 VPD V = 45 MPH CLASS =MAJOR COLLECTOR SUBREGIONAL TIER PROJECT LENGTH LENGTH ROADWAY STATE PROJECT 17BP.5.R.72 = 0.101 mi. LENGTH STRUCTURES STATE PROJECT 17BP.5.R.72 = 0.008 mi. TOTAL LENGTH STATE PROJECT 17BP.5.R.72 = 0.109 mi. Prepared it flee Offices of, HYDRAULICS ENGINEER PE SIGNATURE.- ®� ®�pPo �� c� ae 4® �1 T6'<A�•� S T E WA R T n WAv" �vhb 1HREnglnooi eNc PC.1c-37051 �rl e 3alt.sdd Ra1e191,,NC275h5 PLANS 50 25 0 50 100 2018 STANDARD SPECIFICATIONS ANDY YOUNG, PE RIGHT OF WAY DATE: APRIL 10, 2018 PROJECT ENGINEER MICHAEL BURNS, PE ROADWAY DESIGN ENGINEER PE slcrnTURE: RIGHT OF WAY COMPLETE: PROFILE (HORIZONTAL) 10 5 0 10 20 PROJECT DESIGN ENGINEER LISA GILCST, El LETTING DATE: DECEMBER 12, 2018 NCDOTHRIHRICONTACT PROFILE (VERTICAL) WETLAND AND SURACE WATER IMPACTS SUMMARY Site No. Station (From/To) Structure Size / Type Permanent Fill In Wetlands (ac) Temp. Fill In Wetlands (ac) Excavation in Wetlands (ac) Mechanized Clearing in Wetlands (ac) Hand Clearing in Wetlands (ac) Permanent SW impacts (ac) Temp. SW impacts (ac) Existing Channel Impacts Permanent (ft) Existing Channel Impacts Temp. (ft) Natural Stream Design (ft) 1 15+90 to 16+78 -L- 3 @ 12- X 8- RCBC 0.03 2 16+74 to 19+46 -L- 3 @ 12- X 8- RCBC 0.14 0.01 0.09 3 19+65 to 21+25 -L- 3 @ 12- X 8- RCBC 0.05 TOTALS*: 0.17 0.01 0.14 0 0 0 *Rounded totals are sum of actual impacts NOTES: 2018 Feb lij71V6] North Carolina Department of Transportation �d Highway Stormwater Program, �y STORMWATER MANAGEMENT PLAN ' Version 2.08; Released April 2018 FOR NCDOT PROJECTS WBS Element: SF-340066 TIP No.: 17BP.5.R.87 County(ies): Franklin Warren Page 1 of 1 General Project Information WBS Element: SF-340066 ITIP Number: 17BP.5.R.87 Project Type: Bridge Replacement Date: 5/21/2024 NCDOT Contact: Galen Cail Contractor / Designer: Frank F. Fleming Address: 1000 Birch Ridge Drive Raleigh, NC 27610 Address: 940 Main Campus Dr Ste 500 Raleigh, NC 27605 Phone: 919-707-6711 Phone: 919-741-5785 Email: gcail@ncdot.gov Email:,ffleminq@vhb.com City/Town: Warrenton County(ies): I Franklin I Warren River Basin(s): Tar -Pamlico I CAMA County? I No I No Wetlands within Project Limits? Yes Project Description Project Length (lin. miles or feet): 0.099 miles Surrounding Land Use: Rural residential, farmland Proposed Project Existing Site Project Built -Upon Area (ac.) 0.8 ac. 0.5 ac. Typical Cross Section Description: Two 11' paved lanes, two 6' shoulders. Two 10' lanes, two 4' paved shoulders. Annual Avg Daily Traffic (veh/hr/day): Design/Future: 1940 Year: 2038 Existing: 970 Year: 2018 General Project Narrative: (Description of Minimization of Water Quality Impacts) State project SF-340066 involves the replacement of the existing NCDOT Bridge #340066 on NC-58 over Shocco Creek. Bridge #340066 consists of 1 @41'-7" reinforced concrete deck on girders with reinforced concrete vertical abutments on pile footings. The proposed crossing is located in Zone AE of FIRM Map number 3720286800K and was studied by "Limited Detailed" methods. No proposed deck drains.Proposed bridge #340066 conssits of 1 @105', 1 @25' 39" box beam. SF-340066 terminates at STA. 15+75 -L-. Waterbody Information Surface Water Body (1): Shocco Creek NCDWR Stream Index No.: 28-79-22-6 NCDWR Surface Water Classification for Water Body Primary Classification: Class C None None Supplemental Classification: Nutrient Sensitive Waters (NSW) None None Other Stream Classification: None None None None None Impairments: None None None None None Aquatic T&E Species? Yes Comments: Mussels NRTR Stream ID: Buffer Rules in Effect: Tar -Pamlico Project Includes Bridge Spanning Water Body? iYes I Deck Drains Discharge Over Buffer? INo Dissipator Pads Provided in Buffer? INo Deck Drains Discharge Over Water Body? No (If yes, provide justification in the General Project Narrative) (If yes, describe in the General Project Narrative; if no, justify in the General Project Narrative) If es, provide justification in the General Project Narrative tl-% 00 0 • 04 V W O ti H C C) 4- 0 [1 V M N C C O L 0 0 C E C 0 L C w F- C) 0 ao L IN-0. T ro& 1627 Shorro Old Neck Ruad 1629 dd 1628 'N°n1e Ernest A. Turner ancll treek R ad Road 1407 1P649 Schloss Road erry Road 1407 a adw 10 R ' Road g Mir,Ts (;eek 94 1628 1407 Ernest A. Schloss WARREN TUYner Road .OUNTY Road FRANKLfN Shoau W UXI/Y Creek 1442 sh�ar� vAden Road 1442 C—k valdn Rudd PROJECT LOCATION 1445 Thomas Rodd 1436 Ldurel NIII- eeRoadllle 1446 1446 GolA BnnA < ;,.Id sand woad cnurch Roatl Wood Church 1451 F.. S. Middle Sch. Road Norwood GUVtun Road ce�reeraale 7 Spe Rrle West Road Pay. l09 1473 ^ Reynolds Road 1441 1451 1449 Perry Gupmn Leonard eolllns-Mill Road Road Road VICINITY MAP See Sheet IA For Index of Sheets See Sheet I B For Conventlonal Symbols S"I'A'I'E OF \OR"I'I< CAROLINA DIVISION OF HIGHWAYS FRANKLIN COUNTY LOCATION. BRIDGE NO. 66 OVER SHOCCO CREEK ON NC 58 TYPE OF WORK: GRADING, DRAINAGE, PAVING, AND STRUCTURE WETLAND AND SURFACE WATER IMPACTS PERMIT G g6� / TO N i 4 Co �¢ / SITE 2 END BRIDGE / —L— POT S7-AI5+52+/— BEGIN BRIDGE END STATE PROJECT I7BP.SRB7 —L— POC STAI4+22+/— / —L— POT STAI5+75D0 -L , STA18 STATH PHOfHCT HHPHHHNCH NO. 8IB6'f N0. TOTwL SHBB'r8 MC 17BP.5.R.87 � STwTH PIIOl.NQ P.wP110LNQ 08SC41PT[ON 17BP.5.R.87 WA PE 17BP.5.R.87 WA ROW 17BP.5.R.87 WA UTILITIES Ili PERMIT DRAWING SHEET 1 OF 4 O a�SRS NP SR " I --— — — — — — — — --- 640 BQ TO - k%p'pC°�'°,���Tr�w���t III\ SITE 1 %/k kk1• kv /� % €f BEGIN STATE PROJECT 17BP5.RF7 \ \ZI0 —L— POT STA10+5000 CLEARING ON THIS PROJECT SHALL BE TO LIMITS ESTABLISHED USING METHOD III. DOCUMENTNOTCONSIDERED FINAL THIS PROJECT IS NOT WITHIN ANY MUNICIPAL BOUNDARIES. UNLESS ALL SIGNAruREs coMPLETED GRAPHIC SCALES 50 25 0 50 100 DESIGN DATA 2018 ADT = 970 VPD 2038 ADT = 1940 VPD V = 45 MPH CLASS =MAJOR COLLECTOR SUBREGIONAL TIER PROJECT LENGTH LENGTH ROADWAY STATE PROJECT 17BP.5.R.87 = 0.074 mi. LENGTH STRUCTURES STATE PROJECT 17BP.5.R.87 = 0.025 mi. TOTAL LENGTH STATE PROJECT 17BP.5.R.87 = 0.099 mi. Prepared in the Offices of.• HYDRAULICS ENGINEER PE SIGNATURE.- ®G WORF a� 4® �1 TRA��� S T E WA R T lib VHREnyi gNCPC(L-37a5) pISR°';6�ote500 PLANS 50 25 0 50 100 2018 STANDARD SPECIFICATIONS ANDY YOUNG, PE RIGHT OF WAY DATE: APRIL 10, 2018 PROJECT ENGINEER MICHAEL BURNS, PE ROADWAY DESIGN ENGINEER P.E. slcrnTURE: RIGHT OF WAY COMPLETE: PROFILE (HORIZONTAL) 10 5 0 10 20 PROJECT DESIGN ENGINEER LISA GILCST, El LETTING DATE: DECEMBER 12, 2018 NCDOTHRIHRICONTACT PROFILE (VERTICAL) 0 Pt Sto 10+25.00 A = 0* Or 4I.P (LT) D = 0' OX 23.4' L = 50.OY T = 25.OY R = /01,429.68' PC Ste WOODS VAR. P.S. GREU TL-2 -L- Pt Sto 13+66.23 A = 27' 33' l29' (RT) D = la 4Z 34Z L = 257.28' T = 01.18' R = 535A0' S= 4% Run,off = l00' Vo = 40 MPH DETAIL 1 BANK STABILIZATION ,Hmm s�aLl 3.0'min. 45 J 2.0' OEOT—ILE Type of Liner= CLASS II RIPRAP STA 15+20 L SITE 1 O END BEG -L- F SITE 2� R=20 3 Ii 3V F _ E . / + REMOVAL OF EXISTING N BRIDGE & EXCAVATION SEE DETAIL N / EST 50 TON NOTE: SO -�' EXISTING ROAD BEWiL BE D / I / NATURALREMOVED GROUND TO ETAIN WOODS BEGIN STATE PROJECT I7BP5R.87 O SITE 1J PAVEMENT -BRIDGE RELATIONSHIP SKETCH TYPE-111 r' VAR. P.S. TYPE -III � GREU TL-2 MIN. 4" BRIDGE OFFSETS 'L~" /0.44 VAR. P.S. END APPROACH SLAB -L- Sta.15+64.56 TYPE -III TYPE -III oCn END BRIDGE -L- Sta.15+53.69 5 .1 -GIN BRIDGE S N'ER - Sta.14+21.31 ( RT.) NOT&NOT To LA 50' o' I00, PROJECT REFERENCE NO. SHEET NO. 17BP5.R.87 4 ROADWAY DESIGN HYDRAULICS SCALE50 ENGINEER ENGINEER 25 01GRAPHIC N7p INSET SCALE O PI �� � b�_ '`rhb S T E WA R T VHR L�Ul" C-1, N-1 «-320� "" L' DOCUMENT NOT CONSIDERED FINAL UNLESS ALL SIGNATURES COMPLETED PERMIT DRAWING SHEET 2 OF 4 ®DENOTES IMPACTS IN SURFACE WATER ®DENOTES TEMPORARY IMPACTS IN SURFACE WATER U. 10 TV OAAJ 1+92J3 Z BANK STABILIZATION �K � `y/e\ SEE DETAIL EST 170 TONS / \ \ / < EST 200 SY GEOTEXTILE yr \ er .� \ ,k ,� .� ,K,'✓ �,�! WOODS lo NI NC 58 24' B WOODS /WWI// NWO ww SHLDR. �� ,� k tt ,� ,� .� ,� lk lLT.& RT.) C 5 �'k �.� .. .. ... .. _ ,� WW_ 0 NC 58 20_BST * kk \ WOODS �� `k 'k m, kk �A woods ���I I �� \"� �\ ;� �� �� �,� � �� �'klk lk ` \'k �AE'k��5 0 FOR -L- PWIMSEE SHEET 5 FOR STRUCTURE PL*%SEE SHEETS S-ITHRU S-? C, A 0 —L— Pt Sto 10+25.00 Pl Sto 13+66.23 A = 0' OP 4LT (LT) A = 27' 33' l29' (RT) D = 0' OY 23.4' D = la 4Z 34Z L = 50.00' L = 2572ff T = 25.00' T = l3IJ8' R = /01,429.68' R = 535A0' S= 4% Run,off = l00' TS S- WOODS Vo = 40 MPH IN� r DETAIL 1 BANK STABILIZATION ,Hmm s�aLl 3.0'min. 45 J 2.0' GEOT—ILE Type of Liner= CLASS II RIPRAP STA 15,20 L SITE 1 O END BEG —L— P SITE 2� ' F I PAVEMENT —BRIDGE RELATIONSHIP SKETCH I VAR. P.S. TYPE-111 GREU TL-2 r' TYPE -III VAR. P.S. GREU TL-2 BEG MIN. 4" BRIDGE OFFSETS —L— 44 VAR. P.S. 'D APPROACH SLAB — Sta.15+64.56 TYPE —III TYPE -III ND BRIDGE L— Sta.15+53.6-9 5 .1 N BRIDGE S N'ER Sta.14+21.31 ( RT.) MOT ,NOT To CA PROJECT REFERENCE NO. SHEET NO. so/ of 100, 17BP5R.87 4 ROADWAY DESIGN HYDRAULICS ENGINEER ENGINEER 25 C GRAPHIC SCALE 50 NP - INSET SCALE PI �'Lb�_'vhb STEWART PEi,glnr:d... 9a, �aI;P.N DOCUMENT NOT CONSIDERED FINAL UNLESS ALL SIGNATURES COMPLETED PERMIT DRAWING SHEET 3 OF 4 DENOTES IMPACTS IN / SURFACE WATER i ® DENOTES TEMPORARY IMPACTS IN SURFACE WATER I O I BANK STABLIZATION SEE DETAIL 1 'K EST DE170 TONS W '� EST 200 SY GEOTEXTILE �t ,'✓ k k NC 58 20'BST ,, O kk � � �kk \1 \ � kk *� �� ,* r �� lk I*k, lk lk y 4 w��- FOR -L- PWFIMSEE SHEET 5 FOR STRUCTURE PL*%SEE SHEETS S-ITHRU Sll WETLAND AND SURACE WATER IMPACTS SUMMARY WETLAND IMPACTS SURFACE WATER IMPACTS Site No. Station (From/To) Structure Size / Type Permanent Fill In Wetlands (ac) Temp. Fill In Wetlands (ac) Excavation in Wetlands (ac) Mechanized Clearing in Wetlands (ac) Hand Clearing in Wetlands (ac) Permanent SW impacts (ac) Temp. SW impacts (ac) Existing Channel Impacts Permanent (ft) Existing Channel Impacts Temp. (ft) Natural Stream Design (ft) 1 14+39 to 14+86 -L- Bank Stabilization < 0.01 < 0.01 40* 82 2 14+90 to 15+25 -L- Bank Stabilization < 0.01 < 0.01 60* 71 TOTALS": < 0.01 0.01 100 153 0 *Rounded totals are sum of actual impacts NOTES: *Sites 1 &2: Permanent existing channel impacts are coincident with temporary existing channel impacts. 2018 Feb lij71V6] North Carolina Department of Transportation �d Highway Stormwater Program, �y STORMWATER MANAGEMENT PLAN ' Version 2.08; Released April 2018 FOR NCDOT PROJECTS WBS Element: SF-340066 TIP No.: 17BP.5.R.87 County(ies): Franklin Warren Page 1 of 1 General Project Information WBS Element: SF-340066 ITIP Number: 17BP.5.R.87 Project Type: Bridge Replacement Date: 5/21/2024 NCDOT Contact: Galen Cail Contractor / Designer: Frank F. Fleming Address: 1000 Birch Ridge Drive Raleigh, NC 27610 Address: 940 Main Campus Dr Ste 500 Raleigh, NC 27605 Phone: 919-707-6711 Phone: 919-741-5785 Email: gcail@ncdot.gov Email:,ffleminq@vhb.com City/Town: Warrenton County(ies): I Franklin I Warren River Basin(s): Tar -Pamlico I CAMA County? I No I No Wetlands within Project Limits? Yes Project Description Project Length (lin. miles or feet): 0.099 miles Surrounding Land Use: Rural residential, farmland Proposed Project Existing Site Project Built -Upon Area (ac.) 0.8 ac. 0.5 ac. Typical Cross Section Description: Two 11' paved lanes, two 6' shoulders. Two 10' lanes, two 4' paved shoulders. Annual Avg Daily Traffic (veh/hr/day): Design/Future: 1940 Year: 2038 Existing: 970 Year: 2018 General Project Narrative: (Description of Minimization of Water Quality Impacts) State project SF-340066 involves the replacement of the existing NCDOT Bridge #340066 on NC-58 over Shocco Creek. Bridge #340066 consists of 1 @41'-7" reinforced concrete deck on girders with reinforced concrete vertical abutments on pile footings. The proposed crossing is located in Zone AE of FIRM Map number 3720286800K and was studied by "Limited Detailed" methods. No proposed deck drains.Proposed bridge #340066 conssits of 1 @105', 1 @25' 39" box beam. SF-340066 terminates at STA. 15+75 -L-. Waterbody Information Surface Water Body (1): Shocco Creek NCDWR Stream Index No.: 28-79-22-6 NCDWR Surface Water Classification for Water Body Primary Classification: Class C None None Supplemental Classification: Nutrient Sensitive Waters (NSW) None None Other Stream Classification: None None None None None Impairments: None None None None None Aquatic T&E Species? Yes Comments: Mussels NRTR Stream ID: Buffer Rules in Effect: Tar -Pamlico Project Includes Bridge Spanning Water Body? iYes I Deck Drains Discharge Over Buffer? INo Dissipator Pads Provided in Buffer? INo Deck Drains Discharge Over Water Body? No (If yes, provide justification in the General Project Narrative) (If yes, describe in the General Project Narrative; if no, justify in the General Project Narrative) If es, provide justification in the General Project Narrative a M 00 mi ;5 If s_ tl-% 00 0 • 04 V W 0 ti H 1627 Sharro Old Neck Read 1629 odd 1628 'N°n1e Ernest A. Turner ancll treek R ad Road 1407 1P649 Schlass Road erry Road 1407 a adw 10 R' Road lingiov' 94 1628 1407 Ernest A. Schloss WARREN TUYner Road ,QN`rY Road FRANKLfN Shoau W UXI'y Creek 1442 sh as vAden Road 1442 C—k valdn Ruad PROJECT LOCATION 1445 ss Thomas �aa Rodd 1436 Laurel MIII- eeRoadme 1446 1446 Golrl BnnA < as s'ana woad church Road Wood Church F.I<�r,,. 1,1, 1451 Middle Sch. Road Norwaod cup d 1le Road A cr,ne.aal. 7 spLa� wee Road Pay. edd 1473 '^ Reynolds Road 1441 1451 1449 Perry Gupmn Leonard Collins -MITI Rand Road Road VICINITY MAP See Sheet IA For Index of Sheets See Sheet I B For Conventlonal Symbols S"I'A'I'E OF \OR"I'I< CAROLINA DIVISION OF HIGHWAYS FRANKLIN COUNTY LOCATION. BRIDGE NO. 66 OVER SHOCCO CREEK ON NC 58 TYPE OF WORK: GRADING, DRAINAGE, PAVING, AND STRUCTURE G g6� TO N BUFFER IMPACTS PERMIT BEGIN BRIDGE —/ — vry CT A -L , BEGIN STATE PROJECT ffBP5.RU —L— POT STA/0+50.00 STA18 STATH PHOfHCT HHPHHHNCH NO. 8eB6'f N0. TOTwL SHBB'r8 MC 17BP.5.R.87 � STwTH PIIOl.NQ P.wP110LNQ 08SC41PT[ON 17BP.5.R.87 WA PE 17BP.5.R.87 WA ROW 17BP.5.R.87 WA UTILITIES / SITE 1 SITE 2 LEND E TA/5+52+/— STATE PROJECT l7BP.S.RB7 !2+/— OT STA15+75D0 ••��'? l��kk+ 1kµJ rk�r BUFFER DRAWING SHEET 1 OF 4 —_____-- k k'kk % k! k\ 1 k�%� kkkk tk kk k Y I:Kk F"�k%r�kk kkk %rtk kk%kk kkk 'Fi /k // kkk/ Fk�.YI/ k�'€•(^Y"k \'iikk"k�r !� f \kk kkk kkk% kkkk %1 "0 f� r1/- lkl� R� k k � �i � k % %k � � k k k 6- k \� s\ I`kk k\ kkk kkk�t Yk kp� „ �`��k k'kkkk kkkk C6T,\ sk'kk�k (k kkk µkk OAK l kkk/ >y '�'r ley kkkY �µM1 'V�j�+�I� p\\ \k kk.Pk l k\ k kk`k�kk k �Y Ikk/ k /I k kkk+k .ykk k \� 1kr'k k\l— kkC Gk krt kkl O a�SRS NP rR�B/r S/ )640 T 0M CLEARING ON THIS PROJECT SHALL BE TO LIMITS ESTABLISHED USING METHOD III. DOCUMENT NOT CONSIDERED FINAL THIS PROJECT IS NOT WITHIN ANY MUNICIPAL BOUNDARIES. UNLESS ALL SIGNATURES COMPLETED GRAPHIC SCALES 50 25 0 50 100 DESIGN DATA 2018 ADT = 970 VPD 2038 ADT = 1940 VPD V = 45 MPH CLASS =MAJOR COLLECTOR SUBREGIONAL TIER PROJECT LENGTH LENGTH ROADWAY STATE PROJECT 17BP.5.R.87 = 0.074 mi. LENGTH STRUCTURES STATE PROJECT 17BP.5.R.87 = 0.025 mi. TOTAL LENGTH STATE PROJECT 17BP.5.R.87 = 0.099 mi. Prepared it flee Offices of, HYDRAULICS ENGINEER PE SIGNATURE.- ®� WORF C �1 TRIA S T E WA R T n WA Wbry vHBEN PC1C-3'O51 j1"Mp "_e.51te 50 PLANS 50 25 0 50 100 2018 STANDARD SPECIFICATIONS ANDY YOUNG, PE RIGHT OF WAY DATE. APRIL 10, 2018 PROJECT ENGINEER MICHAEL BURNS, PE ROADWAY DESIGN ENGINEER P.E. slcrnTURE: RIGHT OF WAY COMPLETE: PROFILE (HORIZONTAL) 10 5 0 10 20 PROJECT DESIGN ENGINEER HRI CEl HRI LISA GIL LETTING DATE. DECEMBER 12, 2018 NCDOTCONTACT PROFILE (VERTICAL) 0 a� 7S Pt Sto 10+25.00 Pl Sto 13+66.23 A = 0' Or 4I.P (LT) A = 27' 33' l29' (RT) D = 0' 03' 23.4' D = la 42' 34.2' L = 50.00' L = 257.28' T = 25.00' T = l3IJ8' R = /01,429.68' R = 535A0' S= 4% Run,off = l00' Vo = 40 MPH PC Sto.10+00.00 \ 1NC 5 V 0. OPS 50' LT R— WOODS = AIN DETAIL 1 BANK STABILIZATION ,Hmm s�aLl 3.0'min. 45 J 2.0' OEOTP ILE Type of Liner= CLASS II RIPRAP STA 15+20 L Y3U ­l F WOODS m SITE 1 REMOVAL OF EXISTING N BRIDGE & EXCAVATION SEE DETAIL EST 50 TON NOTE: EXISTING ROAD BED WILL BE REMOVED TO NATURAL GROUND O PAVEMENT —BRIDGE RELATIONSHIP SKETCH I VAR. P.S. TYPE-111 GREU TL-2 IL ' TYPE —III � � VAR. P.S. GREU TL-2 BEG MIN. 4" BRIDGE OFFSETS —L- 44 VAR. P.S. 'D APPROACH SLAB — Sta.15+64.56 TYPE —III TYPE —III ND BRIDGE L— Sta.15+53.69 5 .1 N BRIDGE S N'ER Sta.14+21.31 ( RT.) MOT ,NOT To LA s0/ of 100, PROJECT REFERENCE NO. SHEET NO. 17BP5.R.87 4 ROADWAY DESIGN HYDRAULICS GRAPHIC SCALE ENGINEER ENGINEER N7p O VA .�f b�_ vhb III Enul1—,I1,u N� P_ IL-E'LSJ S T E WA R T �riyn' N ILI DOCUMENT NOT CONSIDERED FINAL UNLESS ALL SIGNATURES COMPLETED BUFFER DRAWING SHEET 2 OF 4 ALLOWABLE IMPACTS ZONE 1 ® ALLOWABLE IMPACTS ZONE 2 U. lJW0AJU 1+9233 / SITE 2" BANK STABILIZATION SEE DETAIL EST 170 TONS EST 200 SY GEOTEXi59 LT yr \ er .� \ .k ,� .� ,K,'✓ �! � '"�.�'A � �� WOODS kk d \\ v �EXISTRIC N• 4 i k k i NC 59 24'B WOODS WlWW�// ' x,sn p .. .. .. .. � � / ii .�- — 'k Y; � 'k � 'k �x�n \ \ H W SHL APER ii _'k xe 'k �kk (LT. & RT.) C �� 5 'k �.� .. .. .'� .. .. 0lk NC M 20_BST / W/'RWr �y;—��.k ' _91M��� ,k ,k `k t Y `k k `k xye •�\ I � � xis � WOODS ,NC .. .. .. .. � �� � � � � 1k � i M m, A WOODS /`k 1 q/ Y� �k ` \ye � ,k kk 1 \ ye 'k w" f -sir F \ �� \k� \\ ., / � �. � � mkt` ,� �\k js kk kk 'k� �� �I ISM �� 'k��5 kk lk lk O ltr ,�kk \k kk kk k 'k 0 FOR —L— PROFIMSEE SHEET 5 FOR STRUCTURE PL*%SEE SHEETS S—ITHRU Sll RIPARIAN BUFFER IMPACTS SUMMARY IMPACTS BUFFER TYPE ALLOWABLE MITIGABLE REPLACEMENT Site Station Structure ROAD PARALLEL No. (From/To) Size / Type CROSSING IMPACT BRIDGE ZONE 1 ZONE 2 TOTAL ZONE 1 ZONE 2 TOTAL ZONE 1 ZONE 2 (ftZ) (ftZ) (ftZ) (ftZ) (ftZ) (ftZ) (ftZ) (ftZ) 1 14+08 to 15+02 -L- X 3489 759 4249 1 13+62 to 14+28 -L- X 502 1637 2139 2 14+85 to15+52 -L- X 3601 1335 4936 2 15+52 to 16+13 -L- X 584 2167 2752 TOTALS*: 8177 1 5898 1 14075 0 0 0 0 0 NOTES 2018 Feb