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HomeMy WebLinkAbout20080049 Ver 1_Application_20080109~ w ~~~~ ~` ~ ..,: .~ ~~~. STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY GOVERNOR January 4, 2008 U. S. Army Corps of Engineers Regulatory Field Office Post Office Box 1000 Washington, NC 27889-1000 LYNI~O TIPPETT SECRETARY Attention: Mr. William Wescott NCDOT Coordinator Dear Sir: Subject: Application for Nationwide Permits 23 and 33, Water Quality Certification, and Neuse Riparian Buffer Authorization, for the proposed replacement of Bridge No. 95 on SR 1151 over Turkey Creek in Nash County. Federal Aid Project No. BRZ-1151(4), State Project No. 8.2322501, TIP No. B-4210. Debit $240 from WBS 33556.1.1 Please find enclosed the permit drawings, Pre-Construction Notification form (PCN), and half-size plan sheets for the above referenced project. A Programmatic Categorical Exclusion (PCE) was completed for this project on June 23, 2005, and distributed shortly thereafter. Additional copies are available upon request. The North Carolina Department of Transportation (NCDOT) proposes to replace existing Bridge No. 95 on SR 1151 over Turkey Creek in Nash County. The project involves the replacement of the existing 91 foot bridge structure with a 100 foot concrete box beam bridge at approximately the same location, and at a slightly higher roadway elevation, as the existing- structure using top-down construction. Permanent impacts will consist of 0.07 acre to wetlands adjacent to Turkey Creek and 9,623 ft2 of riparian buffer. Traffic will be detoured off-site along surrounding roads during construction. Impacts to Waters of the United States General Description: The project is located in the Neuse River Basin (Hydrologic Unit 03020203). A best usage classification of "C NSW" has been assigned to Turkey Creek [DWQ Index # 27-86-3-(1)]. Neither High Quality Waters (HQW), Water Supplies (WS-I: undeveloped watersheds or WS-II: predominately undeveloped watersheds), nor Outstanding Resource Waters (ORW) occur within 1.0 mile of the project study area. Turkey Creek is not MAILING ADDRESS: TELEPHONE: 919-733-3141 LOCATION: NC DEPARTMENT OF TRANSPORTATION FAX: 919-733-9794 TRANSPORTATION BUILDING PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 1 SOUTH WILhAINGTON STREET 1548 MAIL SERVICE CENTER WEBSITE: WWW.NCDOT.OFtG RALEIGH NC RALEIGH NC 27699-1548 designated as a North Carolina Natural or Scenic River, or as a National Wild and Scenic River. Additionally, Turkey Creek is not listed on the Final 200b 303(d} list of impaired waters due to sedimentation for the Neuse River Basin, nor does it drain into any Section 303(d) waters within 1.0 mile of the project study area. Permanent Impacts: Wetlands adjacent to Turkey Creek will be impacted by the proposed project. Construction of the proposed project will result in permanent impacts of 0.07 acre due to fill material (see permit drawings). Tern~orary Impacts: This project will result in 0.03 acre of temporary fill in wetlands in the Hand Clearing areas for the installation of erosion control measures, including some or all of the following: Temporary Silt Fence, Special Sediment Control Fence, and/or Temporary Rock Silt Checks_ Hand Clearing: Hand clearing of 0.11 acre in wetlands will be necessary for project construction outside of the new fill slope (see additional hand clearing in Utility Impacts section}. Utility Impacts: The relocation of one power pole in the southwest quadrant of project area will result in 4 ftZ fill in wetlands. Installation of a powerline will result in 0.06 acre of hand clearing, 0.02 acre of which are in addition to the hand cleared area resulting from clearing around fill slopes. Bride Demolition: The existing bridge is a three-span structure consisting of apre-stressed concrete channel superstructure with an asphalt-wearing surface. The substructure is composed of pre-stressed/pre-cast concrete caps on timber piles. Best Management Practices for Bridge Demolition and Removal will be followed to prevent any temporary fill from entering Waters of the United States. Neuse River Basin Buffer Rules This project is located in the Neuse River Basin; therefore, the regulations pertaining to the buffer rules apply. There will be a total of 9,623 ft2 of impacts to riparian buffers. This includes 7,399 ft2 (7,252. ft2 in Zone 1 and 147 ft2 in Zone 2) due to the bridge crossing. According to the buffer rules, bridges are allowable. In addition, 2,224 ft2 (156 ft2 in Zone 1 and 2,068 ft2 in Zone 2} of impacts will occur from approach fill and hand clearing activities due to road crossings. This Road Crossing activity is allowable because impacts are less than the 150-foot/0.3 acre threshold, for which mitigation is required. Uses designated as allowable may proceed within the riparian buffer provided that there are no practical alternatives to the requested use pursuant to Item (8) of this rule. There are also a total of 1,722 ftZ of impacts to riparian buffers from hand clearing activities due to the relocation of a powerline {see utility drawings). This includes 1,106 ft2 in Zone 1 (599 ft2 in Site 3 and 507 ft2 in Site 4} and 616 ft2 in Zone 2 (310 ft2 in Site 2 and 306 ft2 in NCDOT TIP 8-4110 Page 2 of S Site 5). These impacts are considered exempt, and completely overlap riparian buffer impacts resulting from the bridge and road crossings. Federally Protected Species As of November 11, 2007 the US Fish and Wildlife Service (USFWS) listed three federally protected species for Nash County (Table 1). The bald eagle was removed from the Endangered Species List on August 8, 2007. A biological conclusion of "no effect" remains valid for red-cockaded woodpecker due to lack of suitable habitat. NCDOT received concurrence from USFWS for a Biological Conclusion of May Affect, Not Likely to Adversely Affect for the dwarf wedgemussel and Tar River spinymussel on September 3, 2004. A resurvey for these species was conducted on August 27, 2007 (see attached survey report), and the Biological Conclusions will remain the same. Table 1. Federally protected species of Nash County Common Name Scientific Name. Federal Stators Habitat Bioio cal Conclusion Red-cockaded woodpecker Picoides borealis E No No Effect Dwarf wedgemussel Alasmidonta heterodon E Yes MANLAA Tar River spinymussel Edliptio steinstansana E Yes MANLAA Bald Eagle The bald eagle (Haliaeetus leucocephalus) was delisted from the Endangered Species Act as of August 8, 2007. However, it is still protected under the Bald and Golden Eagle Protection Act. No suitable habitat exists within 660 feet of the project area. Therefore, this project will have no adverse effect on the bald eagle. In-Stream Work Moratorium Turkey Creek falls under the jurisdiction of the NC Wildlife Resources Commission (NCWRC). Per letter from NCWRC on December 21, 2007, no moratorium is required for this project. Avoidance and Minimization Avoidance examines all appropriate and practicable possibilities of averting impacts to "Waters of the United States". Due to the presence of surface waters and wetlands within the project study area, avoidance of all impacts is not possible. The NCDOT is committed to incorporating all reasonable and practicable design features to avoid and minimize jurisdictional impacts. Minimization measures incorporated as part of the project design included: • Fill slopes in wetlands will be at a 3:1 ratio • Use of an off-site detour during construction • Construction of a 9-foot longer bridge NCDOT TIP B-4Z 10 Page 3 of S • The new structure will span the creek, therefore there will be no interior bents in the water • Measures used to minimize impacts to the buffer zone include using the existing alignment • Best Management Practices will be utilized during demolition of the existing bridge and construction of the new bridge • Design Standards in Sensitive Watersheds will be utilized during demolition of the existing bridge and construction of the new bridge Mitigation Due to the limited amount of impacts to jurisdictional wetlands, and because impacts to riparian buffers have not exceeded the threshold requiring compensatory mitigation, NCDOT is not proposing mitigation for this project. Regulatory Approvals Section 404 Permit: All aspects of this project are being processed by the Federal Highway Administration as a "Categorical Exclusion" in accordance with 23 CFR 771.115(b). The NCDOT requests that these activities be authorized by a Nationwide Permit 23. We are also requesting the issuance of a Nationwide Permit 33 for the temporary fill due to the installation of erosion control measures. (72 CFR; 11092-11198, March 12, 2007). Section 401 Certification: We anticipate 401 General Certification numbers 3701 and 3688 will apply to this project, and are requesting written concurrence from the North Carolina Department of Environmental and Natural Resources, Division of Water Quality. Therefore, in accordance with 15A NCAC 2H, Section .0500(a), we are providing five copies of this application to the NCDWQ for their review and approval. Authorization to debit the $240 Permit Application Fee from WBS Element 33388.1.1 is hereby given. Neuse River Basin Buffer Authorization: NCDOT requests that the NC Division of Water Quality review this application and issue a written approval for a Neuse Riparian Buffer Authorization. A copy of this application will be posted on the NCDOT website at: htty://www.doh.dot. state.nc.us/nreconstruct/ne/neu/nermit.html NCDOT TIP 8-411 D Page 4 of S 'Thank you for your time and assistance with this project. Please contact David E. Bailey at debailey@dot.state.nc.us or (919) 715-7257 if you have any questions or need additional information. Sincer ~1~, , C° ~, f. `~,ti Gregory J. Thorpe, Ph.D. Environmental Management Director, PDEA cc: w/attachment: Mr. Brian Wrenn, NCDWQ (5 Copies) Mr. Travis Wilson, NCWRC Mr. Gary Jordan, USFWS Mr. Ron Sechler, NMFS w/o attachment (see website for attachments) Dr. David Chang, P.E., Hydraulics Mr. Greg Perfetti, P.E., Structure Design Mr. Victor Barbour, P.E., Project Services Unit Mr. Mark Staley, Roadside Environmental Mr. Richard E. Greene , P.E., Div. 4 Engineer Mr. Jamie Guerrero, Div. 4 Environmental Officer Mr. Scott McLendon, USACE, Wilmington Mr. Jay Bennett, P.E., Roadway Design Mr. Majed Alghandour, P. E., Programming and TIP Mr. Art McMillan, P.E., Highway Design Mr. John L. Williams, P.E., PDEA NCDOT TIP B-4210 Page S of 5 Office Use Only: Form Version March OS USACE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) I. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ® Riparian or Watershed Buffer Rules ^ Section 10 Permit ^ Isolated Wetland Permit from DWQ ® 401 Water Quality Certification ^ Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: NWP 23 and 33 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ^ 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: ^ 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ^ IL Applicant Information 1. Owner/Applicant Information Name: Gregory J. Thorpe, Ph.D., Environmental Management Director Mailing Address: 1598 Mail Service Center Telephone Number: (919) 733-3141 Fax Number: (919) 733-9794 E-mail Address: 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Company Aff liation: Mailing Address: Telephone Number: Fax Number: E-mail Address: Page 1 of 8 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. 'The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of proj eCt: Replacement of Bridge No. 95 on SR 1151 over Turkey Creek in Nash County 2. T.LP. Project Number or State Project Number (NCDOT Only}: B-4210 3. Property Identification Number (Tax PIN}: N/A 4. Location County: Nash Nearest Town: Samaria Subdivision name (include phase/lot number): N/A Directions to site (include road numbers/names, landmarks, etc.): Take US 264 to NC 97 East and turn left onto SR 1151 (Bryantown Rd)_ You will come to bride 95 after approximately 0.5 miles. 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.} Decimal Degrees (6 digits minimum}: 35.862047 °N 78.195951 °W 6. Property size (acres): N/A 7. Name of nearest receiving body of water: Contentnea Creek 8. River Basin: Neuse (Note -this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at littp:llh2o.enr.state.nc.us/admin./maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: The project is located in a rural area in Nash county. Land around the site is mostly forested or under agricultural cultivation. Page 2 of 8 10. Describe the overall project in detail, including the type of equipment to be used: The existing bridge, constructed in 1969, is a three-span structure consisting of apre-stressed concrete channel superstructure with an asphalt-wearing surface. The substructure is composed of pre-stressed/pre-cast concrete caps on timber piles. The proposed project will replace the exisitin~ge in place with a new bridge that is 100 feet long. Standard NCDOT construction equipment will be used. 11. Explain the purpose of the proposed work: The purpose of the project is to replace a structurally deficient bridge to ensure the safety of those traveling over the bridge. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action 1D Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.LP. project, along with construction schedules. Wetlands have not as yet been verified by the Corps. The jurisdictional determination information packet will be included in the permit application packet. V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. No future permit requests are anticipated for this project. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: Construction of the proposed project will result in permanent impacts of 0.07 acre to wetlands due to fill material (see Page 3 of 8 permit drawings). This proiect will result in 0.03 acres of temporary fill in wetlands in the Hand Clearing areas for the installation of erasion control measures 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately List impacts due to both structure and flooding. Wetland Impact Type of Wetland Located within Distance to Area of Site Number Type of Impact (e.g., forested, marsh, 100-year Nearest Impact (indicate on map) herbaceous, bog, etc.) Floodplain Stream (acres) (yes/no) (linear feet) 1 Permanent Fill forested yes abuting 0.07 1 Temporary Fill forested yes abuting 0.03 Total Wetland Impact (acres) 0.10 3. List the total acreage (estimated) of all existing wetlands on the property: 6.0 acre 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, darn construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. To calculate acreage, multiply length X width, then divide by 43,560. Stream Tmpact Perennial or Average Impact Area of Number Stream Name Type of Impact Intermittent? Stream Width Length Impact (indicate on map) Before Im act (linear feet) (acres) N/A Total Stream Impact (by length and acreage) 0.0 0.0 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.}. Open water impacts include, but are not limited to fill, excavation, dredging, flooding, drainage, bulkheads, etc. Open Water Impact Name of Waterbody Type of Waterbody Area of Site Number (if applicable} Type of Impact (lake, pond, estuary, sound, bay, Impact (indicate on ma) ocean, etc.) (acres) N/A Total Open Water Impact (acres) 0.0 6. List the cumulative impact to all Waters of the U.S. resulting from the proiect: Stream Impact (acres): O.0 Wetland Impact (acres}: 0.10 Open Water Impact (acres): 0.0 Total Impact to Waters of the U.S. (acres) 0.10 Total Stream Impact (linear feet): 0.0 Page 4 of 8 . 7. Isolated Waters Do any isolated waters exist on the property? ^ Yes ®No Describe all impacts to isolated waters, and include the type of water {wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USAGE. S. Pond Creation if construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): N/A Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): N/A Current land use in the vicinity of the pond: N/A Size of watershed draining to pond: N/A Expected pond surface area: N/A VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. The NCDOT is committed to incorporating- all reasonable and practicable design features to avoid and minimize jurisdictional impacts. Minimization measures incorporated as part of the project design included fill slopes in wetlands will be at a 3:1 ratio, use of an off-site detour during construction, construction of a 9 foot longer bridge, the new structure will span the creek, therefore there will be no interior bents in the water. Measures used to minimize im acts to the buffer zone include usin the existin all ent. Desi Standards in Sensitive Watersheds will be utilized during demolition of the existing_bridge and construction of the new bridge VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. Page 5 of 8 USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and. type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http :i1h2o.enr.state.nc. uslncv4letiands/stnngide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as passible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservatian mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. Due to the limited amount of impacts to jurisdictional wetlands, and because impacts to riparian buffers have not exceeded the threshold requiring compensatory mitigation, NCDOT is not proposing_mitigation for this project. 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at http://h2o.enr.state.nc.us/wrplndex.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested {linear feet): N/A Amount of buffer mitigation requested (square feet): N/A Amount of Riparian wetland mitigation requested (acres): N/A Amount of Non-riparian wetland mitigation requested (acres): N/A Amount of Coastal wetland mitigation requested {acres): N/A Page6of8 IX. Environmental Documentation {required by DWQ) 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ® No ^ 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether aNEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current threshalds for environmental documentation_ Yes ® No ^ 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ® No ^ X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's} responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 1 SA NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other {please identify Neuse )? Yes ® No ^ 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact Multiplier Required (square feet) Mitigation 1 7,399 3 (2 for Catawba) 0 2 2,224 1.5 0 Total 9,623 0 * Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1 . 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0244, or .0260. N/A Page 7 of 8 XI. Stormwater (required by DWQj Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. N/A XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. N/A XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ^ No Is this an after-the-fact permit application? Yes ^ No XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ^ No If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http./Ih2o.en~-.state.nc.us/ncwetlands. If no, please provide a short narrative description: N/A XV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). N/A ~~-~1~~ Ap~-lican~/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 8 of 8 CATEGORICAL EXCLUSION ACTION CLASSIFICATION FORM TIP Project No. State Project No. W.B.S. No. Federal Project No. B-4210 8.2322501 33556.1.1 BRZ-1151(4) A. Proiect Description: This project proposes to replace Bridge No. 95 on SR 1151 over Turkey Creek in Nash County (see Figure 1). The new structure will be approximately 100 feet in length and will be located in approximately the same location. The roadway elevation of the proposed bridge will be raised slightly to accommodate the new structure. The proposed structure will have a typical section that, at a minimum, will accommodate two 11-foot lanes and 3-foot offsets to the face of the bridge rail. The approach roadway will be widened to accommodate, at a minimum, two 11-foot lanes with 6-foot grass. shoulder that will be widened as required where guardrail is warranted. The approach roadway work will consist of some grading and paving to tie back into the existing roadway for 290 feet to the west and 500 feet to the east of the proposed structure. The total project length is approximately 890 feet. Traffic will be detoured offsite during construction (see Figure 1 and Section D, Studied Offsite Detour). No improvements will be needed to the roads on the offsite detour. B. Purpose and Need: Bridge No. 95 is a three-span structure with an asphalt overlay prestressed concrete channels (STD BMD-13}. The substructure is composed of prestressed precast concrete caps on timber piles. The existing bridge is 91 feet in length and was built in 1969. Bridge Maintenance Unit Records state the bridge's sufficiency rating as 26.9 out of a possible 100 for a new structure. The bridge is currently pasted at 17 tons for single vehicles. Bridge No. 95 is considered structurally deficient due to a structural appraisal rating of two out of a passible nine for a new structure according to Federal Highway Administration (FHWA) guidelines. Therefore, the bridge is eligible for the FHWA's Highway Bndge Replacement and Rehabilitation Program due to its low sufficiency and structural appraisal rating. The prestressed concrete channels are spalling and cracking, which leads to delamination of the prestressing strands and reduces the members ability to perform as expected. Timber piles typically, do not last beyond 40 to 50 years of age due to the natural deterioration rates of wood. Rehabilitation of a timber structure is generally practical only when a few members are damaged or prematurely deteriorated. However, past a certain degree of deterioration, timber members become impractical to maintain and upon eligibility are programmed for replacement. 5. Construction of new truck weigh stations or rest areas. 6. Approvals for disposal of excess right-of--way or for joint or limited use of right-of--way, where the proposed use does not have significant adverse impacts. 7. Approvals for changes in access control. 8. Construction of new bus storage and maintenance facilities in areas used predominantly for industrial or transportation purposes where such construction is not inconsistent with existing zoning and located on or near a street with adequate capacity to handle anticipated bus and support vehicle traffic. 9. Rehabilitation or reconstruction of existing rail and bus buildings and ancillary facilities where only minor amounts of additional land are required and there is not a substantial increase in the number of users. 10. Construction of bus transfer facilities (an open area consisting of passenger shelters, boarding areas, kiosks and related street improvements) when located in a commercial area or other high activity center in which there is adequate street capacity for projected bus traffic. 11. Construction of rail storage and maintenance facilities in areas used predominantly for industrial or transportation purposes where such construction is not inconsistent with existing zoning and where there is no significant noise impact on the surrounding community. 12. Acquisition of land for hardship or protective purposes, advance land acquisition loans under section 3 (b) of the UMT Act. Hardship and protective buying will be permitted only for a particular parcel or a limited number of parcels. These types of land acquisition qualify for a CE only where the acquisition will not limit the evaluation of alternatives, including shifts in alignment for planned construction projects, which may be required in the NEPA process. No project development on such land may proceed until the NEPA process has been completed. 13. Acquisition and construction of wetland, stream and endangered species mitigation sites. 14. Remedial activities involving the removal, treatment or monitoring of soil or groundwater contamination pursuant to state or federal remediation guidelines. Division Office Comments: Division Four concurs with the reconunended alternate for replacing Bridge No. 95. Bridge Demolition: Using current bridge demolition techniques and guidelines, the bridge can be removed without dropping any components into Turkey Creek. Therefore, there is no anticipated temporary fill from the removal of Bridge No. 95. Alternatives Discussion: The no-build alternate is not feasible. The bridge will continue to deteriorate and eventually need to be closed down. This is unacceptable due to the traffic SR 1151 serves. Rehabilitation of the existing bridge is not a feasible alternate. Timber structures typically do not last beyond 40 to 50 years of age due to the natural deterioration rates of wood. Rehabilitation of a timber structure is generally practical only when a few members are damaged or prematurely deteriorated. However, past a certain degree of deterioration, timber structures become impractical to maintain and upon eligibility are programmed for replacement. Replacing the structure on existing location while maintaining traff c onsite is not practical. There is a feasible offsite detour available for this project. A temporary onsite detour would increase the construction costs of the project as well as the environmental impacts. (14) Will the project require any stream relocations or channel changes? X SOCIAL, ECONOMIC, AND CULTURAL RESOURCES YES NO (15) Will the project induce substantial impacts to planned growth or land use for the area? X (16) Will the project require the relocation of any family or business? X {17) Will the project have a disproportionately high and adverse human health and environmental effect on any minority or low-income population? a X (18) If the project involves the acquisition of right of way, is the amount of right of way acquisition considered minor? X (19) Will the project involve any changes in access control? X (20) Will the project substantially alter the usefulness and/or land use of adjacent property? X (21) Will the project have an adverse effect on permanent local traffic patterns or community cohesiveness? ~ X (22) Is the project included in an approved thoroughfare plan and/or Transportation Improvement Program (and is, therefore, in conformance with the Clean Air Act of 1990)? X (23) Is the project anticipated to cause an increase in traffic volumes? X (24) Will traffic be maintained during construction using existing roads, staged construction, or on-site detours? X (25) If the project is a bridge replacement project, will the bridge be replaced at its existing location {along the existing facility) and will all construction proposed in association with the bridge replacement project be contained on the existing facility? X (26) Is there substantial controversy on social, economic, or environmental grounds concerning the project? X (27) Is the project consistent with all Federal, State, and local laws relating to the environmental aspects of the project? X (28) Will the project have an "effect" on structures/properties eligible for or listed on the National Register of Historic Places? X 7 G. CE Approval TIP Project No. B-4210 State Project Nv. 8.2322501 W.B.S. No. 33556.1.1 Federal Project No. BRZ-1151(4) Project Description: This project proposes to replace Bridge No. 95 on SR 1151 over Turkey Creek in Nash County (see Figure 1). The new structure will be approximately 100 feet in length and will be located in approximately the same location_ The roadway elevation of the proposed bridge will be raised slightly to accommodate the new structure. The proposed structure will have a typical section that, at a minimum, will accommodate two 11-foot lanes and 3-foot offsets to the face of the bridge rail. The approach roadway will be widened to accornrnodate, at a minimum, two 11-foot lanes with 6-foot grass shoulder that will be widened as required where guardrail is warranted. The approach roadway work will consist of some grading and paving to tie back into the existing roadway for 290 feet to the west and 500 feet to the east of the proposed structure_ The total project length is approximately 890 feet. Traffic will be detoured offsite during construction (see Figure 1 and Section D, Studied Offsite Detour). No improvements will be needed to the roads on the offsite detour. Categorical Exclusion Action Classification: (Check one) TYPE II(A) X TYPE II(B) Approved: ~~ Dat Co ~3 S Date ~ ~~.~... Yrc~ject engineer Project Development 8~ Environmental Analysis Branch Prod ect Development Engin er 'ect Development 8L En onmental Analysis Branch For Type II(B} projects only: Z3 ~s~ ~ -~ Date ~ ~ F. Sullivan, III, PE, Division Administrator Federal Highway Administration PROJECT COMMITMENTS Nash County Bridge No. 95 on SR 1151 Over Turkey Creek Federal Aid Project No. BRZ-1151(4) State Project No. 8.2322501 WBS No. 33556.1.1 T.I.P. No. B-4210 Project Development and .Environmental Analysis Branch, Roadway Design Unit, Structure Design Unit, Roadside Environmental Unit, Hydraulics Unit There are wetlands in the project vicinity. However, at this time the impacts are less than 0.1 of an acre based on preliminary design plans. A final estimate of the impacts will be done during the permitting phase when the final design plans are more advanced. NCDOT will avoid and minimize impacts to these wetlands to the extent practical. Any mitigation required will be done according to USACOE criteria. The mussel survey for the dwarf wedgemussel and the Tar spinymussel is valid until July 2, 2006. Nash County Emergency Management Services has stated that they do have concerns over the use of an offsite detour. They have requested that the length of road closure be kept to a minimum because this is a heavily populated area. Therefore, where practical, the final design for the bridge and the roadway approaches should incorporate construction techniques that expedite construction_ The contractor will be alerted to the need to expedite construction in the contract documents. Division Four Resident Engineer Advanced notice of road closure for SR 1151 will be given to Nash County Emergency Management Services and to the Nash County School Transportation office in order for them to facilitate their services during construction. Greensheet -Sheet 1 / 1 Programmatic Categorical Exclusion, PDEA June 2005 1 ':_ ( ~ -~__>- ~~ Vorth Carolina Department of Transportation Division of Highways Project Development g Environmental Analysis Branch dash County Replace I3rid~e X10. 95 on SR ll51 Over Turkey Creek ~ B---210 5C`ILI:: l in = 1 rTti ~'i~~urc ~ P~ME"T °F r~F United. S fates De~artsnent o~ the Interior QP ~ S y'" 7 2(104 FISH AND WILDLIFE SERVICE - _ Raleigh I;eld Office ~S~ QF~~~~~ - 9 Post Office Box 33726 ~~E ~, ~N~ ~'-0RcH ~, t$' Raleigiz, North Carolina 27636-3725 F~f September 3, ?00? Gregory J. Thorpe, Ph.D. North Carolina Department of Transportation Project Development and Environmental Analysis 1598 Mail~Service Center Raleigh, North Carolina 27699-1598 Dear Dr. Thorpe: This letter is in response to your letter of August 24, 200? which provided the U.S. Fish and Wildlife Service (Service) with the biological determination of the North Carolina Department of Transportation (NCDOT) that the replacement of Bridge No. 95 on SR 1 151 over Turkey Creek in Nash County (TIP No. B-?210) may affect, but is not likely to adversely affect the federally endangered dwarf wedgemussei (~llastnidonta heterodon) and the Tar spinymussei (Elliprzo steinsransana). These comments are provided in accordance with section 7 of the Endangered Species Act (ESA) of 1973, as amended (16 U_S.C. 1531- 1843 }. According to the information you submitted, a mussel survey was conducted at the project site on July 2, 2004. The survey extended 100 meters upstream and 400 meters downstream of SR 1 1 S 1. Neither of the federally listed species was found. Although the dwarf wedgemussel has been observed several miles downstream in Turkey Creek, the project site is well above the known range of the species in this stream. Based on the information provided and other information available, the Service concurs with your determination that the proposed bridge replacement may affect, but is not likely to adversely affect the dwarf wedgemussel and Tar spinymussel. We believe that the requirements of section 7(a)(2) of the ESA have been satisf ed. 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-?820 (Ext. 32). Sincerely; ' ~~v~-- ~. ~k-,-, r ~ Tom Augspure~ Acting Ecological Services Supervisor cc: Mike Bell, USACE, Washington, NC Nicole Thomson, NCDWQ, Raleigh, NC Travis Wilson, NCWRC, Creedmoor, NC Chris Militscher, USEPA, Raleigh, NC d.s Sr/1tF v y ,.~ ~. .~ ...~~ a./w North Carolina Department of Cultural Resources State Historic Preservation Office David L. S. Brook, Administrator Michael F. Easley, Governor January 16, 2001 Division of Ard~ives artd History Jeffrey J. Crow, Director MEMORANDUM To: William D. Gilmore, PE, Manager Project Development and Environmental Analysis Branch ,--., Frorn: David Brook ~'~ ~ ,~ ~j~~ ~~ Deputy State Histo `lc Preservation Officer Re: Replacement of Bridge No. 95 on SR 1151 over Turkey Creek, - TIP No. B-4210, Nash County, ER 01-7933 On December 5, 2000, April Montgomery of our staff met with the North Carolina Department of Transportation (NCDOT) staff for a meeting of the minds concerning the above project. She reported our available information on historic architectural and archaeological surveys and resources along with our recommendations. NCDOT provided project area photographs and aerial photographs at the meeting. Based upon our review of the photographs and the information discussed at the meeting, we offer our preliminary comments regarding this project. In terms of historic architectural resources we are aware of no historic structures located within the area of potential effect. We recommend that no historic architectural survey be conducted for this project. There are no known archaeological sites within the project area. Based on our present knowledge of the area, it is unlikely that any archaeological resources which may be eligible for inclusion in the National Register of Historic Places, will be affected by the project construction. We, therefore, recommend that no archaeological investigation be conducted in connection with this project. Having provided this information, we look forward to the receipt of either a Categorical Exclusion or Environmental Assessment, which indicates how NCDOT addressed our comments. 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 500. Thank you for your cooperation and consideration. If you have any questions concerning the above comment, contact Renee Gledhill-Earley, Environmental Review Coordinator, at 919 733-4763. Location Mailing Address Telephone/Fa~c Administration 507 N. Blount St, Raleigh 4617 Maii Service Center, Raleigh 27b99-4617 (919) 733-1763 •715-8b53 Restoration 515 N. Blount St, Raleigh 4b 13 Mail Service Center, Raleigh 27699-4613 (919) 733-b547 •7151801 Survey ~g Planning 515 N. Blount St, Raleigh 46I R Mail Service Ccntcr, Raleigh 27699-4b18 (919) 733-1763 •715-4801 d NF. JRI~~ 4 ~,~ ~~ ~~ Wwm v~~~ STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. Ea.si/Ev GOVERNOR November 27, 2007, Memorandum to: David Bailey, Project Manager NEU Project Management Group, Eastern Unit From: Mike Sanderson, Environmental Senior Specialist Natural Environment Unit, Biological Surveys Group LYIVDO TIPPETT SECRETARY Subject: Freshwater mussel survey update for proposed replacement of Bridge Na. 95 over Turkey Creek, Nash County; TIP # B-4210. The North Carolina Department of Transportation (NCDOT) proposes to replace Bridge No. 95 over Turkey Creek on SR 1151 in Nash County in the Neuse River basin. The dwarf wedgemussel (Alasrrridonta heterodon} and Tar River spinymussel (Elliptio steinstansana), which are both federally endangered, are listed by the U. S. Fish and Wildlife Service as occurring in Nash County. Prior to conducting in-stream surveys, a review of the NC Natural Heritage Program database was conducted to determine if there were any records of rare mussels within the proposed project study area or receiving waters. This review indicated that the dwarf wedgemussel has been found approximately 5 miles downstream of the project site on Turkey Creek near the crossing of US 264 highway. The last known observation of dwarf wedgemussel at this site was in 1996. The dwarf wedgemussel inhabits stable areas of creeks and rivers of varying sizes with slow to moderate flow. A variety of preferred substrates for dwarf wedgemussel have been described that range from coarse sand and pebble/gravel, to firm muddy sand to submerged root mats along stable stream banks. The Tar River spinymussel prefers relatively swiftly flowing, well oxygenated, nearly neutral waters that are subject to fluctuations in velocity. Preferred substrates are course sand and pea-gravel or gravelly substrate. The original survey for this project was conducted on July 2, 2004 (see attached report from Alderman Environmental Services, Inc.) The biological conclusion at that time was "May Affect, Not Likely to Adversely Affect." Concurrence was received from the USFWS on September 3, 2004. MAILING ADDRESS: TELEPHONE: 919-715-1334 or LOCATION: IVC DEPARTMENT CF TRANSPORTATION 919-715-1335 PARKER LINCOLN BUILDING PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 2728 CAPITAL BLVD. SUITE 24O NATURAL ENVIRONMENT UNIT FAX: 919-715-5501 RALEIGH NC 27604 1598 B/~AIL SERVICE CENTER RALEIGH NC 27699-1598 WEBSITE: WWW.N000T.ORG A second site visit was conducted at the project site (B-4210) on August 27, 2007 by Karen M. Lynch (Permit No. NC-2007-ES-165), Logan Williams (Permit No. NC- 2007-es-165), Jason Mays, Neil Medlin and Mike Sanderson. An unusually prolonged drought this year has dried up extensive stretches of Turkey Creek, most notably in areas where abundant mussels have been found in prior surveys. In these dried up stretches, numerous mussels (Elliptio complanata) were found in the substrate, high and dry. The following conservation measures will be implemented for avoidance and minimization of impacts to Waters of the United States. • Fill slopes in wetlands will be at a 3:1 ratio • Use of an off-site detour during construction • Construction of a 9-foot longer bridge • The new structure will span the creek, therefore there will be no interior bents in the water • Measures used to minimize impacts to the buffer zone include using the existing alignment • Best Management Practices will be utilized during demolition of the existing bridge and construction of the new bridge • Design Standards in Sensitive Watersheds will be utilized during demolition of the existing bridge and construction of the new bridge As a result of these surveys and a review of historical data, it appears extremely unlikely that dwarf wedgemussel and/or Tar River spinymussel will be adversely affected in this watershed or in this creek by bridge replacement. The biological conclusion for dwarf wedgemussel and Tar River spinymussel for this project remains "may affect- not likely to adversely affect". This biological conclusion received concurrence from the U.S. Fish and Wildlife Service on September 3, 2004. enc. Alderman Environmental Services, Inc. August 2, 2004 PROJECT: Freshwater mussel survey fvr B-4210 on SR 1151; Turkey Creek, Nash County, NC TARGET SPECIES: Federally listed endangered dwarf wedgemussel (Alasmidonta heterodon), federally listed endangered tar spinymussel (Elliptio steinstansana}, federally listed species of concern atlantic pigtoe (Fusconaia masoni), green floater (Lasmigona su8viridis), yellow lance (Elliptio lanceolate) and yellow lampmussel (Lampsilis carioca). BIOLOGISTS: John Alderman Karen Lynch Logan Williams Jason Mays Mike Sanderson N.C. WILDLIFE RESOURCES COMMISSION ES PERMIT: NC - 2004 ES 09 U.S. FISH AND WILDLIFE SERVICE ES PERMIT: TE065756-0 STATION 20040702.1 j ma LOCATION: Turkey Creek, Neuse River Basin, Nash County, North Carolina; Location: 35.86147 N, 78.19592 W; see associated map at end of report. SURVEY DATES: July 2, 2004 SITE COMMENTS: no comments HABITAT: WATERBODY TYPE: Creek FLOW: Slack, pool RELATIVE DEPTH: Shallow HABITAT (CONTINUED): DEPTH (%<2 FEET}: SUBSTRATE: COMPACTNESS: SAND/GRAVEL BARS: WOODY DEBRIS: BEAVER ACTIVITY: WINDTHROW: TEMPORARY POOLS: CHANNEL WIDTH: BANK HEIGHT: BANK STABILITY: BUFFER WIDTH: RIPARIAN VEGETATION: LAND USE: PERCENT COVER: WOODLAND EXTENT: NATURAL LEVEES: VISIBILITY: WATER LEVEL: WEATHER: 20 Clay, silt, sand, gravel, cobble, boulder Normal and unconsolidated None High Evidence (gnawed sticks) Low Present ~-8 meters <1 meter Very stable Wide Wooded, shrub-brush Natural, timber, rural 85 Extensive At least one Turbid Law Sun-cloud, hot TECHNIQUES AND SURVEY TIME: TECHNIQUES: SURVEY TIME: Visual; tactile; SCUBA 4.7 person hours FRESHWATER MUSSELS: Elliptio complanatcc - 7 live Elliptio fzsheriana - 1 live Utterbackia imbecillis - 1 live OTHER TAXA: Campeloma decisum -present BIOLOGICAL DETERMINATION: May affect, not likely to adversely affect if HQW water quality protection measures are implemented during all phases of this project s F L l ~~~~ ~~ i • ~a ~. ,.....~..de.,m.-._. _w ~ ,~ i~ ~ ` ~ ~~~~ pilFA_~1trFt(°G f1G t.I~l`ii~:r~l ~'~iillRflAiEAGAt7 5 ~. + J i'^^s~~ i y r ^t :!. 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