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
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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
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If
1627
Shorro
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Read
1629
odd
1628
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1407
1649
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Road
Perry
Road
1407
a adw
4�
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1628
14D7
Ernest A.
Schloss
WARREN TUYner
WARREN
Road
Road
FRANKLIN Shnau
W UXI'y Creek
1442
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Rad
1442
C—k
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PROJECT
LOCATION
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ss
Thomas
san
Rodd
1436
Laurel vllL
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1446
1446
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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�
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SITE 1
BEGIN STATE PROJECT 17BP5R72'
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UTILITIES
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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
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PLANS
50 25 0 50
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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)
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PROJECT
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Thomas
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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�
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SITE 2 END BRIDGE
/ —L— POT S7-AI5+52+/—
BEGIN BRIDGE END STATE PROJECT I7BP.SRB7
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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.•
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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
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SITE 2�
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BRIDGE & EXCAVATION
SEE DETAIL N
/ EST 50 TON NOTE:
SO -�' EXISTING ROAD BEWiL BE D
/ I / NATURALREMOVED GROUND TO
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BEGIN STATE PROJECT I7BP5R.87 O
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PAVEMENT -BRIDGE RELATIONSHIP SKETCH
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TYPE -III oCn
END BRIDGE
-L- Sta.15+53.69
5 .1
-GIN BRIDGE S
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RT.) NOT&NOT To
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PROJECT REFERENCE NO.
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17BP5.R.87
4
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HYDRAULICS
SCALE50
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SHEET 2 OF 4
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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
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SITE 1
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PROJECT REFERENCE NO. SHEET NO.
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ROADWAY DESIGN HYDRAULICS
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25 C GRAPHIC SCALE 50
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INSET SCALE
PI �'Lb�_'vhb
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PERMIT DRAWING
SHEET 3 OF 4
DENOTES IMPACTS IN
/ SURFACE WATER
i ® DENOTES TEMPORARY
IMPACTS IN SURFACE WATER
I O
I
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SEE DETAIL 1 'K
EST DE170 TONS W '�
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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
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00
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04
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erry
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94
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WARREN TUYner
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,QN`rY Road
FRANKLfN Shoau
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1442
sh as
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1442
C—k
valdn
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PROJECT
LOCATION
1445
ss
Thomas
�aa
Rodd
1436
Laurel MIII-
eeRoadme
1446
1446
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woad church
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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
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TOTwL
SHBB'r8
MC
17BP.5.R.87
�
STwTH PIIOl.NQ
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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
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SHEET 1 OF 4
—_____--
k k'kk
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kkkk tk kk k Y
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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
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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
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Construction
Year Built: 11320
Desetiption Bridge Type: Relnfor(ed
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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
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Page 3 of 3
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*4; +' yy i' + , °' " NORTH CAROLINA DEPARTMENT OF
TRANSPORTATION
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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
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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).
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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,
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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
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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
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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).
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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.)
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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
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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.
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SHBB'r8
N.C.
1713P.5.R.72
STwTH PIIOl.NQ
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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,
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—L— STA1B+14+/—
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—L— POT ST f1+74+/ ",k" "k
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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
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1446
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GUVtun
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7
Spe Rrle West
Road
Pay. l09
1473
^
Reynolds
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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
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SITE 2 END BRIDGE
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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.-
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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
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F
SITE 2�
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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
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�
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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
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PERMIT DRAWING
SHEET 2 OF 4
®DENOTES IMPACTS IN
SURFACE WATER
®DENOTES TEMPORARY
IMPACTS IN SURFACE WATER
U. 10 TV OAAJ
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Z BANK STABILIZATION �K �
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EST 170 TONS / \ \
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FOR STRUCTURE PL*%SEE SHEETS S-ITHRU S-?
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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
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—L—
P
SITE 2�
' F
I PAVEMENT —BRIDGE RELATIONSHIP SKETCH I
VAR. P.S.
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r' TYPE -III
VAR. P.S.
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MIN. 4" BRIDGE OFFSETS —L—
44
VAR. P.S.
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— 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...
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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 ��
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lk
y 4
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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
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00
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•
04
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W
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ti
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1627
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Old Neck
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1629
odd
1628
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ancll
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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
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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
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STATH PHOfHCT HHPHHHNCH NO.
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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
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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
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DOCUMENT NOT CONSIDERED FINAL
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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 \\
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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