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HomeMy WebLinkAbout19940875 Ver 1_Complete File_19940922 State of North Carolina Department of Environment, F15% Health and Natural Resources 4"YA Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary E H N F? A. Preston Howard, Jr., P.E., Director February 28, 1995 MEMORANDUM To: Dean Sarvis DOT From: Eric Galamb u Subject: Comments for -2541 and B-2542 Davidson County The Division of Environmental Management is responsible for the issuance of the Section 401 Water Quality Certification for activities which impact of waters of the state including wetlands. A major portion of the study area has been designated WS IV watershed. DEM requests that hazardous spill catch basins be installed at all water supply stream crossings. The BMP for the protection of surface waters requires DOT to install hazardous spill catch basins in water supply critical areas. Other stream crossings may be outside of the critical area but DEM still believes that hazardous spill catch basins at these locations will provide extra protection at minimal cost. There may be locations where the hazardous spill catch basins cannot be installed due to space limitations. DOT has informed DEM that the space limitations exist for this project. Therefore, DOT requested that DEM concur with utilizing a berm instead of hazardous spill catch basins. DEM does concur with DOT for this request. Bridge deck runoff should not drain directly into the bodies of water. All stream relocations should adhere to DOT's Stream Relocation/ Channelization guidelines. DEM requests that DOT utilize HQW soil and erosion control measures to protect the water supply. Questions regarding the 401 Certification should be directed to Eric Galamb (733-1786) in DEM's Water Quality Environmental Sciences Branch. b-2541-2.com P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% past-consumer paper STATE OF NORTH CAROLINA DEPARTMENT OF TP ANSPORTATION IAMEs B. HUNT, IR DIVISION OF HIGHWAYS GOVERNOR P.O. BOX 25201, RALEIGH, N.C. 27611-5201 0 April 6, 1993 401 ISSUED SAM HUNT 1993 APR 1 3 MEMORANDUM TO: Mr. Eric Galamb DEM - DEHNR, 6th Floor FROM: L. J. Ward, P. E., Manager Planning and Environmental rang/ wo SUBJECT: Review of Scoping Sheet for Replacement of Bridge No. 4 on SR 1176 over Hartley's Creek, Davidson County, B-2537 Attached for your review and comments are the scoping sheets for the subject project (See attached map for project location). The purpose of these sheets and the related review procedure is to have an early "meeting of the minds" as to the scope of work that should be performed and thereby enable us to better implement the project. A scoping meeting for this project is scheduled for May 18, 1993 at 9:00 A. M. in the Planning and Environmental Branch Conference Room (Room 470). You may provide us with your comments at the.meeting or mail them to us prior to that date. Thank you for your assistance in this part of our planning process. If there are any questions about the meeting or the scoping sheets, please call James Bridges, Project Planning Engineer, at 733-7842. JB/plr Attachment ? ?E 23 >( AU, I? ?f I--,? _1co,) WS - 7* 12 - 100 Z U,3 S -- 1% 3,? A&Jj dt-e -710 4Y7?4 . BRIDGE PROJECT SCOPING SHEET Date ? Apc ) 1993 Revision Date Project Development Stage Programming Planning Design TIP# B- Jt537 c? State Project#_ r 2-60 F.A. Project# U-74 Div ision___? - County Route_ Purpose of Project: ILle-p _aee Obsolete Iirid c Description of Project: _r) e-PIAGe, hr; ? e- ?/ env r ?Kr e. Is _ Gee, K Method of Replacement: 1. Existing Location - road closure 2. -"xisting Location- on-site detour 3. Relocation 4 Other - -----? Will there be special funding participation by municipality, developers, or other:' 1-es--. No If yes, by whom and amount: ($) (%) Page l BRIDGE PROJECT SCOPING SHEET Traffic: Current VPD Design Year VI'D TTST % DT % Typical Roadway Section: / I Existing Structure: Length-71 feet Width ad•0 feet Proposed Structure: Bridge - Length....______reet Width._..._ ____.feet or Culvert - Size (Wfeet by feet Detour Structure: Bridge - Length"_____feet. Width or Pipe - Size -inches Construction Cost (including engineering and contingencies) ................................ $ Right of Way Cost (including rel., uti.1., and acquisition) ................................ Force Account Items......... ...................... $ Total Cost ...................................... $ feet TIP Construction Cost ............................. edo oO TIP Right of Way Cost :............................... $ ,?5,G0O TIP Total Cost ...................................... s (0 _3. Co O U G? ? AD s - ? ZQ 13 3oo 3 V 5-00 ? ??S 7d a? ? page iv, IV12 1-1 ?, " 146 e-, '1 H P 1 16E. '.ICE [.` ? v ?"yr 1163 63 1176 'IJ ; 1 / BRIDGE N4. 4 5?.ray ss n?fi e "Buncombe Bop1. Ch. 1179 1196 "63 .86 C. t C, .1.60 1177 -5" 1160 a? 1161 'J1 (irae ? 1369 bopl. Ch. r L sch. 133 5.19 ' 01 .o, ,i62 1. 172 ? Tyro 6 i 17o 58 1183 ? sC 1172 116^ Tyro f C^ 4 , 131 ] Tyro Meth, Ch- ? 132e m JD 1311" '215 1' 1275 4 0^ '329 dl NORTH CAROLINA DEPARTMENT O TRANSPORTATION DIVISION OF HIGHWAYS PLANNING AND ENVIRONMENTAL. BRANCH BRIDGE NO. 4 DAVIDSON COUNTY B - 2537 3/93 FIG. 1 N. C. DEPARTMENT OF TRANSPORTATION TRANSMITTAL SLIP DATE June 23, 1993 TO: Mr. Eric Galamb FROM: James Bridges PIT NO. OR ROOM, BLDG. PIT L ACTION ? NOTE AND FILE ? PER OUR CONVERSATION ? NOTE AND RETURN TO ME ? PER YOUR REQUEST ? RETURN WITH MORE DETAILS ? FOR YOUR APPROVAL ? NOTE AND SEE ME ABOUT THIS ? FOR YOUR INFORMATION ? PLEASE ANSWER FOR YOUR COMMENTS ? PREPARE REPLY FOR MY SIGNATURE ? SIGNATURE ? TAKE APPROPRIATE ACTION ? INVESTIGATE AND REPORT COMMENTS: B-2562 - Forsyth County scoping meeting Minutes JAMES B. HUNT, JP, GOVERNOR MEMORANDUM TO: 4jy tt $?/??q p4?N ? W m,? paw v?• STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS P.O. BOX 25201, RALEIGH, N.C. 27611-5201 June 23, 1993 Mr. Eric Galamb DEM - DEHNR, 6th Floor 401 ISSUED SAM HUNT SECRETARY FROM: James Bridges Project Planning Engineer Planning and Environmental Branch SUBJECT: Scoping Meeting Minutes for the Replacement of Bridge No. 4 on SR 1176 over Hartley's Creek, Davidson County, State Project 8.2602901, Federal Aid Number BRZ-1176(1) TIP No. B-2537 On March 17, 1993 a scoping meeting was held on the above referenced project. The following attended the meeting: R. M. Girolami Jerry Snead Annette Morticls Betty C. Yancey Leon Oliver LeRoy Smith Mike Patton Sid Autry Eric Galamb David B. Foster Rob Hanson James Bridges Ron G. Lucas, Jr. Patrick Bradshaw Structure Design Hydraulic Design Hydraulic Design Right of Way Roadway Design Roadway Design Division 9 Location and Surveys DEM DEHNR - Highway Environmental Evaluation Planning and Environmental Planning and Environmental Planning and Environmental Planning and Environmental Bridge No. 4 on SR 1176 over Hartley's Creek, is being replaced due to its overall deteriorated condition, posting for 9 tons maximum load and low sufficiency rating. Hartley's Creek has been classified as water supply 4 (drinking water). Three alternatives were discussed for the replacement of Bridge No. 4. The first alternative recommended by Hydraulic Design was to replace the bridge with a culvert west of the structures present location. This alternative was opposed by Roadway Design because it would leave SR 1176 with a bad alignment. r June 23, 1993 Page 2 Two alternatives were identified for study during the scoping meeting. One alternative identified for study is to replace Bridge No. 4 on the existing alignment. The construction cost for this alternative is $600,000. Off-site detours would be used for this alternative. This alternative may involve a possible channel change for Hartley's Creek. The next alternative is to replace the existing structure with a three barrel 10'x9' reinforced concrete box culvert. This culvert will be built on the same location as the bridge. The proposed culvert will be designed to accommodate the Sandy Creek confluence and avoid channel realignment. An off-site detour would be used for this alternative also. Construction cost for this alternative is $600,000. With both alternatives aerial utilities will require relocation before construction. Attached for your review are the revised scoping sheets. Thank you for your assistance in this part of our planning process. If you have any questions please call me at 733-7842. JB/wp Attachment y r• ? 13111 DO L PROJECT SCOPINC SHEET Date ? A?-;1 j773 Revision Date 93 U13 Project Development Stage Programming Planning Design T I P #_I=- aS -7 State F.A. Project;_ 13R2-n7&?-J Division County__ Route Purpose of Project: ltetLlace Obsolete Bride Description of Project: Method of Replacement: 1. Existing Location'- road closure 2. Existing Location - on-site detour - - 3. Relocation _ -`-` 4: Other _ Will there be special funding particil)ation by municipality, developers, or other:' Yes -_ No %-,? If yes, by whom <ind amount: ( $ )__-- Pn9 e 1 BUDGE PROJECT SCOPING SHEET Traffic: Current-300 VPD Design Year ,500 VPD TTST I % DT Typical Roadway Section: Existing Structure: Length 7/ feet Width JO feet Proposed Structure: Bridge - Lerigth..... feet Width feet Culvert - Size -3 _C0?_ ID feet by feet Detour Structure: Bridge - Length -feet Width _feet 01, Pipe - Size - __ir?ches Construction Cost (including engineering and contingencies) ............................... $ &00,00o Right of Way Cost (including rel., ut'il., C?oe and acquisition) ................................ $ 354 Force Account Items ................................. ) S O c? Total Cost ...................................... $6. So 0 TIP Construction Cost ............................... $ 600 00 0 TIP Right of Way Cost ................. $ 3,51 (9 TIP Total Cost ...................................... $ 63,5000 Page Z t yy??o CI [y? x I J STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT, JR. DIVISION OF HIGHWAYS R. SAMUEL HUNT III GOVERNOR P.O. BOX 25201, RALEIGH, N.C. 27611-5201 SECRETARY September S. 1994 District Engineer 401 ISSUED U.S. Army Corps of Engineers r,. C. -ox 1001 Wilmington, North Carolina 28402 ATTENTION: Regulatory bL'a nCi1 Dear Sir: Sub-: ect . Davidson Count v - Repl a-eiilent of Br-dce No. 4 over Hartley' S Creek at SR 1 1 76; State Yroect No. 8.2602901, T.T.P. No. B-..53fj .t act-Aed -? r _'our i hf' Im t1i on is ... cow .:' o?- t<h_ p: c? e? planning _ eport for the sum j ect project. Tice project is being processed by the Federal ..igt.aay tLminis?ration as "Catecorical Exclusion" in accordaih(A( itil we do not anticipate reCiti g a il i'?di 'v _d .? ci There fcL e , Permit but Ypropose to proceed Lander Nation4aid Permit in accorda:hce with 3? CFR 33 0 Appendix 8-23 Sued No?_jember 22, 1991. by t?.e Corps of Engi?heers Tile pr' isiohs of Section '_^ ? and idi.x A (C ) of -egulat-ons ll followed in the construction of t`_he pr o j ect . 4-' C Xe antici_Le --. L, -0-1 Gene a= (rateacrical E?aclusion) will apply to providi g one copy or tl e C-E document Department of Environment, Health and Division of Environmental 'Management, --ti?icat iOlh ''1o. 2745 this project, and are to he Ncrt__ ca.-olina ijatural Resources, for their rev-=w. if you have any questions or feed additional i?: ormation please call Cyndi Bell at (919) / 33-3141 . Sincerely b J O' Qu' 1in P. E Assista? Manager, Planning and EnvironTiental Branch ??rl >? ` 1 BJO/clb Attachment cc: COE, Raleigh Field Office John Dorney, DEHNR, DEM John Parker, DEHNR, DCM/Permit Coordinator Kelly Barger, P.E., Program Development Branch Don Morton, P.E., Highway Design A.L. Hankins, P.E., Hydraulics John L. Smith, Jr., P.E., Structure Design Tom Shearin, P . E . , Roadway Design D.B. Waters, P.E., Division 9 Engineer James F. Bridges, Jr. Planning & Environmental Davis Moore, Planning & Environmental Date: 1/93 Revised: 1/94 CATEGORICAL EXCLUSION ACTION CLASSIFICATION FORM TIP Project No. B-2537 State Project No. 8.2602901 Federal-Aid Project No. BRZ-1176(1) A. Project Description: Bridge No. 4 is located in Davidson County on SR 1176 over Hartley's Creek. This project involves replacing the existing structure with a three barrel 3 meter x 2.7 meter (10 ft. x 9 ft.) reinforced box culvert. The bridge will be replaced in existing location, and traffic will be detoured along existing secondary roads. A location map is attached. NOTE: Refer to Section D, "Special Project Information," for list of ENVIRONMENTAL COMMITMENTS. B. Purpose and Need: Bridge No. 4 has a sufficiency rating of 17.0 out of 100.0 and an estimated remaining life of 2 years. Weight posting is 8,145 kg (9 tons). Due to its deteriorated condition, bridge No. 4 must be replaced to preserve the safety of the travelling public. C. Proposed Improvements: Circle one or more of the following improvements which apply to the project: Type II Improvements 1. Modernization of a highway by resurfacing, restoration, rehabilitation, reconstruction, adding shoulders, or adding auxiliary lanes (e.g., parking, weaving, turning, climbing). a. Restoring, Resurfacing, Rehabilitating, and Reconstructing pavement (3R and 4R improvements) b. Widening roadway and shoulders without adding through lanes c. Modernizing gore treatments d. Constructing lane improvements (merge, auxiliary, and turn lanes) e. Adding shoulder drains f. Replacing and rehabilitating culverts, inlets, and drainage pipes, including safety treatments g. Providing driveway pipes h. Performing minor bridge widening (less than one through lane) 2. Highway safety or traffic operations improvement projects including the installation of ramp metering control devices and lighting. Date: 1/93 Revised: 1/94 a. Installing ramp metering devices b. Installing lights c. Adding or upgrading guardrail d. Installing safety barriers including Jersey type barriers and pier protection e. Installing or replacing impact attenuators f. Upgrading medians including adding or upgrading median barriers g. Improving intersections including relocation and/or realignment h. Making minor roadway realignment i. Channelizing traffic j. Performing clear zone safety improvements including removing hazards and flattening slopes k. Implementing traffic aid systems, signals, and motorist aid 1. Installing bridge safety hardware including bridge rail retrofit 3O. Bridge rehabilitation, reconstruction, or replacement or the construction of grade separation to replace existing at-grade railroad crossings. a. Rehabilitating, reconstructing, or replacing bridge approach slabs b. Rehabilitating or replacing bridge decks c. Rehabilitating bridges including painting (no red lead paint), scour repair, fender systems, and minor structural improvements d?. Replacing a bridge (structure and/or fill) 4. Transportation corridor fringe parking facilities. 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. 2 Date: 1/93 Revised: 1/94 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. D. Special Project Information: (Including ENVIRONMENTAL COMMITMENTS): Environmental Commitments All standard procedures and measures will be implemented to avoid or minimize environmental impacts. NCDOT conducted an archeological survey of the Area of Potential Effect for this project. The APE surveyed took into account the possibility of an on-site detour being built. The survey found that part of archaeological site 31DV427 is within the boundaries of the APE. Since the survey, NCDOT has eliminated the on-site detour alternative, which reduces the APE for this project. Construction of this project without an on-site detour should avoid any involvement with the archaeological site. NCDOT will further coordinate with the State Historic Preservation Office regarding site 31DV427. If it is determined that site 31DV427 is affected by final design, additional studies will be conducted to determine eligibility of the site to the National Register of Historic Places and to determine the effects of the project on the property. 3 Date: 1/93 Revised: 1/94 Other Information Replacement Structure: Three barrel 3 meter x 2.7 meter (10 ft. x 9 ft.) reinforced box culvert Estimated Cost: Construction - $600,000 Right of Way - $ 35,000 Estimated Traffic: 1996 - 330 vehicles per day 2016 - 530 vehicles per day 1.0% TTST 3.0% DUAL Proposed Typical Section: 6.7 meter (22 feet) roadway with 1.8 meter (6 feet) grass shoulder Design Speed: 100 km/h (62.14 mph) Right of Way Acquisition: FY 1995 Construction: FY 1996 Detour Analysis The Benefit/Cost Ratio for building a detour structure is 0.53. Because the Benefit/Cost Ratio is below 1, construction of a temporary detour structure is not considered cost effective. The Division Engineer and the Director of Transportation for Davidson County Schools are both in agreement that closing Bridge No. 26 without a detour structure would not cause a problem. The proposed detour route is shown on Figure 2. E. Threshold Criteria If any Type II actions are involved in the project, the following evaluation must be completed. If the project consists only of Type I improvements, the following checklist does not need to be completed. ECOLOGICAL (1) Will the project on any unique or (2) Does the project federally listed species may occu YES NO have a substantial impact ? X important natural resource? involve habitat where endangered or threatened a X r? a . Date: 1/93 Revised: 1/94 YES NO (3) Will the project affect anadromous fish? ? X (4) If the project involves wetlands, is the amount of permanent and/or temporary wetland taking less than one-third x (1/3) of an acre AND have all practicable measures to avoid and minimize wetland takings been evaluated? (5) Will the project require the use of ? X U. S. Forest Service lands? (6) Will the quality of adjacent water resources be adversely impacted by ? X proposed construction activities? (7) Does the project involve waters classified as Outstanding Water Resources (OWR) and/or ? X High Quality Waters (HQW)? (8) Will the project require fill in waters of the United States in any of the designated ? X mountain trout counties? (9) Does the project involve any known underground storage tanks (UST's) or x hazardous materials sites? PERMITS AND COORDINATION (10) If the project is located within a CAMA county, will the project significantly ? X affect the coastal zone and/or any "Area of Environmental Concern" (AEC)? (11) Does the project involve Coastal Barrier a X Resources Act resources? (12) Will a U. S. Coast Guard permit be a x required? 5 Date: 1/93 Revised: 1/94 YES NO (13) Will the project result in the modification X of any existing regulatory floodway? (14) Will the project require any stream ? X relocations or channel changes? SOCIAL AND ECONOMIC (15) Will the project induce substantial impacts ? X to planned growth or land use for the area? (16) Will the project require the relocation of ? X any family or business? (17) If the project involves the acquisition of right of way, is the amount of right of way X ? acquisition considered minor? (18) Will the project involve any changes in F X access control? (19) Will the project substantially alter the usefulness and/or land use of adjacent ? X property? (20) Will the project have an adverse effect on permanent local traffic patterns or ? X community cohesiveness? (21) Is the project included in an approved thoroughfare plan and/or Transportation X ? Improvement Program (and is, therefore, in conformance with the Clean Air Act of 1990)? (22) Is the project anticipated to cause an ? X increase traffic volumes? 6 (23) Will traffic be maintained during construction using existing roads, staged construction, or on-site detours? Date: 1/93 Revised: 1/94 YES NO X F-1 (24) Is there substantial controversy on social, economic, or environmental grounds ? X concerning the project? (25) Is the project consistent with all Federal, State, and local laws relating to the X ? environmental aspects of the action? CULTURAL RESOURCES (26) Will the project have an "effect" on see properties eligible for or listed on the ? X note National Register of Historic Places? page 8 (27) Will the project require the use of Section 4(f) resources (public parks, see recreation lands, wildlife and waterfowl ? X note refuges, historic sites, or historic page 8 bridges, as defined in Section 4(f) of the U. S. Department of Transportation Act of 1966)? (28) Will the project involve construction in, across, or adjacent to a river designated -1 X as a component of or proposed for inclusion in the Natural System of Wild and Scenic Rivers? 7 Date: 1/93 Revised: 1/94 Note: NCDOT conducted an archeological survey of the Area of Potential Effect for this project. The APE surveyed took into account the possibility of an on-site detour being built. The survey found that part of archaeological site 31DV427 is within the boundaries of the APE. Since the survey, NCDOT has eliminated the on-site detour alternative, which reduces the APE for this project. Construction of this project without an on-site detour should avoid any involvement with the archaeological site. NCDOT will further coordinate with the State Historic Preservation office regarding site 31DV427. If it is determined that site 31DV427 is affected by final design, additional studies will be conducted to determine eligibility of the site to the National Register of Historic Places and to determine the effects of the project on the property. 8 Date: 1/93 Revised: 1/94 G. CE Approval TIP Project No. B-2537 State Project No. 8.2602901 Federal-Aid Project No. BRZ-1176(1) Project Description: Bridge No. 4 is located in Davidson County on SR 1176 over Hartley's Creek. This project involves replacing the existing structure with a three barrel 3 meter x 2.7 meter (10 ft. x 9 ft.) reinforced box culvert. The bridge will be replaced in existing location, and traffic will be detoured along existing secondary roads. A location map is attached. NOTE: Refer to Section D, "Special Project Information," for list of ENVIRONMENTAL COMMITMENTS. Categorical Exclusion Action Classification: (Check one) TYPE II(A) TYPE II(B) Approved: Date Assistant Manager Planning & Environmental Branch Date Project Planning Unit Head R /6 / - /_ Date P ject Planning n neer For Type II(B) projects only: Date Division Administrator Federal Highway Administration 9 JII I i `. j? 8 a{{ _S G? ?J BRIDGE NO. 4 ° F ?` ~ .55 r? o "' D?ncombe bop'. Ch. I I >ma?? ? ro? 3 Sch. L!.: _ c, _u t.°t nn -b - 1° ti :nn ?e Tyr° JJ . jbpt. {^ Tyro 1 C1 _! ? 1115 tyro /'?TM.,C! .<< Ch. 1]{ m 5 1])5 i• i o? 'z 5 a s .c V _3L NOIZTH CAROLINA DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS PLANNING AND ENVIIZONMENTAI, BRANCH . . REPLACEMENT OF BRIDGE NO. 4 ON SR 1176 OVER HARTLEY'S CREEK DAVIDSON COUNTY T. I. P. NO. B - 2537 4/93 FIG. 1 BRIDGE NO. 4 s, ..,. :LZ .6 Sour. Ch. tt?. nn ». r UAL U _ U4 .? A nu Gras. a sd.. ?? Tyre Ch. Ty Tr.a M..n. Ch. ir. •?. De.V.en S.?.or ? ? • STUDIED DETOUR ROUTE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS 1*1 PLANNING AND ENVIRONMENTAL BRANCH REPLACEMENT OF BRIDGE NO. 4 ON SR 1176 OVER HARTLEY'S CREEK DAVIDSON COUNTY T. 1. P. NO. B - 2537 FIG. 2 1 APPENDIX SUTE North Carolina Department of Cultural Resources James B. Hunt, Jr., Governor Division of Archives and History Betty Ray McCain, Secretary William S. Price, Jr., Director November 1, 1993 ?Ci Nicholas L. Graf Division Administrator Federal Highway Administration e?3 Department of Transportation 310 New Bern Avenue z Raleigh, N.C. 27601-1442 Z 2 DIVISION OF Re: Bridge #4, SR 1176 over Hartley's Creek, B-2537, , HIGHIiVAyS Davidson County, ER 94-7662 '90 etj P? Dear Mr. Graf: Thank you for your letter of October 8, 1993, transmitting the archaeological survey report by Gerald F. Glover concerning the above project. Our review of the archaeological report for the above project indicates that the proposed project may affect site 31 DV427, a site recommended by the North Carolina Department of Transportation for additional testing to determine its eligibility for the National Register of Historic Places. Specifically, Figure 3 of the report shows an overlap of the site boundaries, the proposed alignment, and the area of potential effect. Given these circumstances, we cannot concur with Federal Highway Administration's determination that the project will not affect significant archaeological resources. Once the additional testing to determine the National Register eligibility of the archaeological remains associated with 31 DV427 has been conducted and we'have reviewed the results, we will be happy to provide a final opinion. The above comments are made pursuant to Section 106 of the National Historic Preservation Act of 1966 and the Advisory Council on Historic Preservation's Regulations fnr C'mmnliance with Section 106, codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, please contact Renee Gledhill-Earley, environmental review coordinator, at 919/733-4763. Sincerely ' tel: David Brook Deputy State Historic Preservation Officer DB:slw cc: H. F. Vick T. Padgett a ? j z STATE OF NORTH CAROLINA DEPARTMENT OF T7 ANSPORTATION JAMEs B. HUNT. JR. DIVisION OF HIGHWAYS GOVERNOR P.O. BOX 25201. RALEIGH, N.C. 27611-5201 November 12, 1993 Mr. David Brook Deputy State Historic Preservation Officer Archaeology and Historic Preservation Section Division of Archives & History Dept. of Cultural Resources Raleigh, North Carolina 27611 R. SAMUEL HUNT I I I SECRETARY RE: Bridge #4 on SR 1176, Davidson County, TIP No. B-2537, Your reference ER-94-1662. Dear Mr. Brook: In your letter of November 1, you commented that you could not concur with the Federal Highway Administration's determination that the subject bridge project will not affect significant archaeological resources because Figure 3 in the archaeological survey report indicates that the boundaries of site 31DV427 overlap the area of potential effect. The dashed line in Figure 3 represents the maximum area of potential effects, based upon the possibility of having to include alternatives that incorporate on-site detours or a new location for the structure and approaches. The solid line in Figure 3 represents the existing. 60 foot wide right of way. Since the archaeological study was completed prior to the completion of the environment document, it covered an area necessarily much larger than the actual impact area will be. Currently, the project planners anticipate replacing the bridge at the present location, using existing roadways to provide an off-site detour during construction. The approaches will be widened from a current 19 foot roadway with 6 foot shoulders to a 22 foot wide roadway with six foot wide shoulders, for a total additional width of 3 feet. This can be accomplished within the existing 60 foot right of way. However, we recognize that construction impacts may extend beyond that line. The report recommended that any detours be constructed on the north side of the existing roadway to avoid impacts upon the site, and recommended additional testing at the site if that were not possible. It now appears that no on-site detours will be necessary, and it may be possible to November 12, 1993 ` Page 2 accomplish all of the roadway widening on the north side, away from the archaeological deposits. However, we will not know whether the latter can be accomplished until after further design studies are completed. If it is determined that site 31DV427 may be affected by the final design, additional studies will be conducted to determine eligibility of the site to the National Register of Historic Places and to determine the effects of project on the property. Further consultation with your office will be necessary at that time. If you have any questions on this project, please call Mr. James Bridges, Project Engineer, or Mr. Tom Padgett, Archaeologist, at (919) 733-3141. Sincerely, r H. Franklin Vick, P. E., Manager Planning and Environmental Branch JB/sdt cc: Nicholas L. Graf Tom Padgett James Bridges STATt ?rf c? North Carolina Department of Cultural Resources James B. Hunt, Jr., Governor Betty Ray McCain, Secretary December 6, 1993 MEMORANDUM TO: FROM SUBJECT H. Franklin Vick, P.E., Manager Planning and Environmental Branch Division of. Highways Department oaf-Transportation ? i,/^\\ David Brook %';-•`1 Deputy State4storic Preservation Officer Bridge #4, SR 1 176 over Hartley's Creek, B-2537, Davidson County, ER 93-8644, ER 94-7662 EIV DEC 0 8 1993 DIVISION C" C? ? ?NVlRONN?G?,?f Thank you for your letter of November 12, 1993, concerning the above project. As indicated in our letter of November 1, 1993, to the Federal Highway Administration, we do not concur with the determination that the subject bridge project will not affect significant archaeological resources. The information presented in your letter of November 12, 1993, supports our position that such a determination is premature and should await the completion of further design studies. If site 31 DV427 is threatened by the bridge's plans, additional archaeological studies will be necessary to determine eligibility of the site for the National Register of Historic Places and to determine the effects on the property. We look forward to further consultation with your office once additional design plans are available. The above comments are made pursuant to Section 106 of the National Historic Preservation Act of 1966 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, please contact Renee Gledhill-Earley, environmental review coordinator, at 919/733-4763. DB:slw Division of Archives and History William S. Price, Jr., Director s cc: Federal Highway Administration T. Padgett Replacement of Bridge No. 4 On SR 1183* Over Hartley Creek* Davidson County TIP No. B-2537 F.A. Project No. BRZ-1176 (1) State Project No. 8.2602901 Natural Resources Technical Report B-2537 NORTH CAROLINA DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS PLANNING AND ENVIRONMENTAL BRANCH Gary B. Blank, Ph.D., and Richard R. Braham, Ph.D. Ecological Consultants July 18, 1994 *See explanation in the Introduction, page 1. NORTH CAROLINA Dl?FARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS PLANNING AND ENVIRONRIENTAL BRANCH BRIDGE NO. 4 DAVIDSON COUNTY B - 2537 3193 FIG. 1 2 July 18, 1994 1.0 Introduction The following natural resources Technical Report is submitted to assist in preparation of a Categorical Exclusion (CE). This report inventories the natural resources occurring within the project area, identifies environmental concerns which must be addressed in the planning stages of this project, and recommends means for minimizing environmental degradation. Please note that Hartley Creek is shown as Hartleys Creek on the location map included here but is referred to as Hartley Creek by other current sources. Moreover, other sources also identify the segment below confluence of Hartley and Sandy Creeks as Mill Creek. This report will refer to Hartley and Mill Creeks, and the matter of nomenclature will be discussed further in § 2.1. The location map also shows this project situated on SR 1176, but signs in the field indicate that the road is SR 1183, which is used in this report. 1.1 Project Description Project B-2537 proposes to replace the existing structure (Bridge No. 4) on SR 1183 over Hartley Creek. Built in 1950, the existing structure is 5.8 in (19.0 ft) wide with 1.8 in (6.0 ft) grass shoulders along the approaches. Replacement will accommodate a 6.7 in (22.0 ft) wide roadway and retain 1.8 in (6.0 ft) wide shoulders. Two alternatives, both involving off-site detours, are being considered: (1) replacing the bridge on the current alignment with a possible channel change in Hartley Creek, or (2) replacing the existing structure with a three barrel 10'x9' reinforced concrete box culvert designed to accommodate the Sandy Creek confluence and avoid a channel realignment. 1.2 Purpose The purpose of this report is to discuss current natural resource conditions surrounding the B-2537 project site and to determine what impact, if any, proposed actions would have on existing resources. Recommendations to minimize impacts are made with the understanding that proposed actions result from preliminary design parameters. Thus, design alterations could necessitate further field investigation. 1.3 Study Area. The study area is shaped like a rectangle with the long axis of 510 in (1675 ft) centered along SR 1183 and a width of about 58 in (190 ft). This rectangle encloses about 2.9 ha (73 ac) of land. The study area contains a combination of remnant bottomland hardwood forest along Sandy, Hartley, and Mill Creeks, oak-hickory forest located upslope south of Hartley Creek, agricultural land, and homesites. About 8 percent of the project area is bottomland hardwood, about 19 percent is oak--hickory, about 26 percent is agricultural land, about 17 percent is homesites, about 6 percent is roadsides, and about 26 percent is SR 1183. Only the Bottomland Hardwoods and Roadside communites are described in detail, since the oak-hickory community will not be impacted by construction. 1.4 Methodology A site visit occurred on June 23, 1994 to determine natural resource conditions and confirm published information available concerning the site (Sources cited where applicable in the report). Vegetation communities were identified according to dominant species types, supplemented with detailed species lists for all strata. Dominance of the woody overstory was determined by the variable plot method (Dilworth and Bell 1986). Percent foliar cover of vegetation was ocularly estimated, using cover guides prepared by Belanger and Anderson (1989). Plant nomenclature follows Radford et al. (1968. Tree heights were measured using an Abney level hypsometer (Dilworth and Bell 1986). Percent cover of ground-layer vegetation was ocularly estimated, using cover guides prepared by Belanger and Anderson (1989). Terrestrial wildlife habitat was ,B-2537 3 July 20, 1994 characterized by vegetation type, but the site was examined for signs of use by and life-requisite availability for species typical of the locale. Aquatic conditions were examined immediately -- beneath and proximal to the existing bridge. Wetland delineation follows procedures established by the US Army Corps of Engineers (Environmental Lab 1987). 2.0 Physical Resources This section examines water and soil resources within the project study area, especially focusing on water quality documentation (NCDEM 1991, 1993, and 1994), information gathered on-site, and information found in the Davidson County Soil Survey (Hardison and Brinkley 1917) and available maps. 2.1 Water Resources Hartley Creek is joined by Sandy Creek immediately upstream of Bridge No. 4 on SR 1183. Downstream from this confluence, therefore under the bridge, the resulting stream is called Mill Creek (NCDEM 1991). As was noted above, this nomenclature is not consistent from source to source. The Davidson County Soil Survey map (Hardison and Brinkley 1917) and the county road map show the name as Hartleys Creek and do not show the name "Mill Creek" at all. The "Churchland" (7.5 Minute Series) USGS topographic map shows Mill Creek, as do Division of Enviornmental Management documents (NCDEM 1991, 1993). As is also noted above, this report follows what appears to be the later convention. Hartley Creek drains a watershed of approximately 1030 ha (2543 ac). Sandy Creek drains approximately 324 ha (800 ac). Both watersheds are located in sub-basin 03-07-04 of the Yadkin-Pee Dee River Basin. They are dominated by agricultural and forest cover types on gentle slopes, but steep side slopes occur. Watershed elevations range from about 204 m (670 ft) at Bridge No. 4 up to 262 m (860 ft) above MSL along NC 150. Table 1. Characteristics of Hartley Creek at the B-2537 Project Site. Location Hartle Creek Sandy Creek Substrate Sand, gravel Sand, gravel Current Brisk Brisk Stream Gradient Flat Flat Channel Width 1.5 m (5 ft) 0.6 m (2 ft) Bank Height 2.4 m (8 ft) 0.6 m (2 ft) Water depth < 15.2 cm (< 6 in) 7.6 cm (3 in) Water Color Clear Clear Water Odor None Clear Aquatic Vegetation None Algae clinging to stones Adjacent Vegetation Brush, weeds, vines Same Wetlands Associated Bank to bank Bank to bank _ 8-2537 4 July 18, 1994 2.1.1 Water Quality From its source to its juncture with Sandy Creek to become Mill Creek, Hartley Creek is rated "WS-IV" (NCDEM 1993). Sandy Creek and Mill Creek are also rated "WS-IV." This classification means these are "waters protected as water supplies which are generally in moderately to highly developed watersheds; point source discharges of treated wastewater are permitted ... ; local programs to control nonpoint source and stormwater discharges are required; suitable for all Class C uses" (NCDEM 1993). No NPDES dischargers are located in Hartley, Sandy or Mill Creeks (NCDEM 1994). No BMAN sites exist in the vicinity (NCDEM 1991), and no waters are designated "High Quality Waters" or "Outstanding Resource Waters" (NCDEM 1993). Upstream of the project site, Sandy Creek flows through pastures where livestock have direct access to the creek. Algae observed in Sandy Creek and Mill Creek give evidence that livestock wastes may be affecting water quality. Hartley Creek does not show such evidence. 2.1.2 Summary of Anticipated Impacts Using off-site detours during construction under either proposed alternative means potential impacts to water quality will be minimal. Bridge demolition and replacement, if best management practices are followed, should have little effect on the observed characteristics. Of the two alternatives, number (2) would create less disturbance because it would avoid a channel change in Hartley Creek. Therefore, replacing the existing structure with a three barrel 10'x9' reinforced concrete box culvert designed to accommodate the Sandy Creek confluence and avoid a channel realignment is preferred. Alternative (1) would require relocating about 30 in (98 ft) of Hartley Creek, shifting its confluence with Sandy Creek about 10 in (33 ft) upstream. This realignment of would entail considerable clearing of streamside vegetation, excavation of highly erodible alluvial soil, placement of riprap to stabilize the new banks, and reestablishment of suitable vegetation. Such activity is prone to increase silt loads downstream and potentially further degrade conditions in this water supply-rated stream. 2.2 Soils The Davidson County Soil Survey (Hardison and Brinkley 1917) indicates that soil on either bank adjacent to Hartley Creek is Congoree silt loam. This soil, typically found along all creeks in Davidson County, is alluvial in origin, "consisting of reworked Piedmont materials" (Hardison and Brinkley 1917). Occupying about 7.3 percent of the county, it occurs in strips ranging in width from 30.5 in (100 ft) to 0.8 km (0.5 mi). "The topography is level and all the type is subject to overflows during ordinarily heavy rains. Most of it is sufficiently well drained to be used for agriculture. Many swampy areas have been reclaimed by straightening the stream channels and constructing open ditches" (Hardison and Brinkley 1917). 3.0 Biotic Resources This section describes the existing vegetation and associated wildlife communities that occur at the B-2537 project site. It also discusses possible impacts to these resources as a result of proposed actions. 3.1 Terrestrial Communities. Terrestrial vegetation within the project area varies considerably. North of Hartley and Mill Creeks the land has been cleared for agriculture, except for the roadsides and a narrow strip of natural, but degraded bottomland forest about 45 in (148 ft) wide along Hartley, Sandy, and Mill Creeks. At the north end of the project area, a small grove of trees screens a house from SR 1183. South of Mill and Hartley Creeks the land is forested with bottomland hardwoods that grade upslope into oak-hickory, except along the roadsides. In addition, a powerline parallels SR 1183 on the west side, and recently before the time of the field investigation, the vegetation under the JB-2537 5 July 18, 1994 powerline had been completely cleared. At the extreme south end of the project area, the land has also been cleared for agriculture and several homesties. 3.1.1 Floral Communities. Three floral communities occur within the project area: Bottomland Hardwood, Oak-Hickory, and Roadside. The Bottomland Hardwood community occurs in a narrow strip along both sides of Hartley, Sandy, and Mill Creeks. Bottomland hardwood is the least common of the three communities, occupying about 8 percent of the study area. This community is roughly similar to the Piedmont/Mountain Bottomland Forest of Schafale and Weakley (1990) or the Sycamore-Sweetgum-American Elm community of Eyre (1980), except that shade-loving wildflowers have been replaced by coarse, somewhat weedy, wildflowers owing to disturbance. In addtion, many woody plants consist of multiple-stemmed sprout clumps--the result of periodic cutting. Bottomland Hardwoods. The overstory of the Bottomland hardwood community contains sweetgum (Liquidambar styraciflua), red maple (Acer rubrum), river birch (Betula nig_ra), sycamore (Platanus occidentalis), boxelder (Acer ne ug ndo), black willow (Salix nigra), black cherry (Prunus serotina), and yellow-poplar (Liriodendron tulipifera). The presence of yellow-poplar and black cherry indicate moist, but well-drained soil. Dominance of the overstory averages 27 m2/ha (120 ft2/ac), a figure lower than normal for this community owing to periodic disturbance. The shrub layer contains common blackberry (Rubus argutus), smooth sumac Rhus lg abra), buttonbush (Cephalanthus occidentalis), pasture rose (Rosa carolina), silky dogwood (Cornus amomum), and elderberry (Sambucus canadensis). Instead of the typical shade-tolerant species, the ground layer contains species adapted to high light levels, owing to the large amount of edge effect. The ground layer includes poison-ivy (Rhus radican s), trumpet creeper (Campsis radicans), Japanese honeysuckle (Lonicera japonica), Virginia creeper (Parthenocissus quinquefolia), greenbrier (Smilax glauca), summer grape (Viti i aestivalis), panic grass (Panicum sp.) wingstem (Verbesina occidentalis), jewelweed (Impatiens ca ensis , knotweed (Polyg-onum sp.), giant ragweed (Ambrosia trifida), ironweed Vernonia noveboracensis), horse-nettle (Solanum carolinense), wild lettuce (Lactuca canadensis), Joe-pye-weed (Eupatorium fistulosum), pokeweed (Phvtolacca americana), common fescue (Festuca elatior), Japanese grass (Microstegium virmineum), begger-lice (Bidens sp.), ebony spleenwort (Asplenium plat ny euron), and false-nettle (Boehmeria cy_lindri caJ. Foliar cover of the ground layer averages 90 percent, but frequency among individual species varies greatly. Panic grass, common blackberry, and Japanese grass dominate the community, providing about 40 percent of the total foliar cover. The other species listed above, represented by as few as one individual, provide the remaining 50 percent. Oak-Hickory. The Oak-Hickory community occupies about 19 percent of the study area. It occurs upslope of the Bottomland hardwood community. The boundary between these two communities occurs about where dominance of sweetgum, sycamore, and river birch is replaced by white oak (Quercus alba) and yellow-poplar. The Oak-Hickory community is similar to the Dry-Mesic Oak-Hickory Forest of Schafale and Weakley (1990) or the Shortleaf Pine-Oak Type of Eyre (1980), except that the understory is less well-developed. The overstory contains white oak, yellow-poplar, northern red oak (Quercus rubra), blackgum (Nyssa sylvatica), shortleaf pine (Pinus echinata), and pignut hickory (Carya lg abra). Since this community will not be impacted by the proposed project, it is not described further. Roadside. The Roadside community occurs along SR 1183. It occupies about 6 percent of the project area, and it contains disturbance-tolerant species, many of which are non-native. Roadside communities contain a single layer of vegetation; no true overstory or understory exists. It has not been systematically researched, and no published vegetation studies exist. The Roadside community, where foliar cover averages 80 percent, contains poison-ivy, Japanese honeysuckle, wild lettuce, common fescue, horseweed (Erigeron canadensis), plantain B-2537 July 18, 1994 (Plantao lanceolata), panic grass, (Panicum sp.), common ragweed (Ambrosia artemesiifolia), rye grass (Lolium multiflorum), sheep-sorrel (Rumex acetosella), wild onion Allium sp.), broomsedge (AndEWgon vir ing ius), and orchard grass. The Roadside community is frequently disturbed by mowing that reduces total plant height and increases the dominance of grasses. 3.1.2 Faunal Communities The interspersion of agricultural and remnant forest habitat limits the variety of wildlife to species tolerant of human activity. Few indicators of wildlife were observed on site. Small mammals typical of the developed Piedmont are likely residents of the surrounding terrestrial habitat. Species such as gray squirrels (Sciurus carolinensis), eastern chipmunks Tamias striatus , opossums (Didephis vir iniana , and southern short-tailed shrews (Blarina carolinensis) are common in such areas. However, raccoon (Procyon lotor tracks were the only signs observed in the mud flats along the streams. Songbird calls were heard in the surrounding forest remants and, again, were indicative of populations tolerating development and frequent habitat disturbance. Calls from American robins Turdus migratorius), Mockingbirds (Mimus 1 lottus , Gray catbirds (Dumetella carolinensis), Brown thrashers (Toxostoma rufum , American redstarts (Septophaga ruticilla , Cardinals (Cardinal cardinalis , common grackles ( uiscalus uiscalus and Yellow-breasted chats (Icteria virens were distinguished. Cavity trees were not observed, probably a fact related to the evidence of frequent disturbance cited above. The area did not appear to be exceptional herptile habitat, though the riparian zone undoubtedly harbors common species of frogs and perhaps a few salamanders. The absence of wetland habitat and significant amounts of dead and downed woody material limits such populations. 3.2 Aquatic Communities. No rooted aquatic plants were observed, but rush (Juncus sp.), sedge Carex sp.), and knotweed (Polygonum sp., possibly P. hvdropiperoides) grow at the edge of the creek bank. The latter species grows into the water, forming adventitious roots at submerged nodes, and it also colonizes small sand/gravel bars in Mill Creek. Mosquito fish (Gambusia sp.) and a variety of aquatic insects were observed in the creeks, but no mussels and few signs of larger aquatic species were noted. 3.3 Anticipated Impacts to Biotic Communities. Two construction alternatives have been identified: (1) replacement with a bridge that would require relocation of Hartley Creek near its confluence with Sandy Creek, or (2) replacement with a three-barrel concrete box culvert that would not require relocation of Hartley Creek. Both alternatives would utilize a road closing with off-site detour, so construction of temporary detours is not an issue. As noted above (§ 3.1.1), the oak-hickory community will not be disturbed, and the total area expected to be directly affected by construction under either alternative is only about 0.2 ha (0.5 ac). Additional paving along approaches to the new structure will permanently impact approximately 111.5 m2 (1200 ft2), which will come from the Roadside floral community. The amount of impact to the bottomland hardwood community will depend upon which alternative is selected. Channelization (Alt. 1) would completely disrupt 0.16 ha (0.4 ac) of the Bottomland hardwood community along Hartley and Sandy Creeks, disturbing plants adjacent to the bridge and channelized portion of Hartley Creek by cutting and trampling. The rush, sedge, and knotweed plants along the creek banks and on sand/gravel bars of Mill Creek will be partly or completely smothered by sediment produced from channelization. Even though this community is B-2537 July 18, 1994 already seriously degraded, it has established some stability in species composition and ecosystem function. Among other things, stability has been effective in limiting the direct impact of rain drops on soil, overland water flow, and creek bank sediment provided to Hartley, Sandy, and Mill Creeks. Channelization will remove all stability, and the ecosystem would require 3-6 years to recover to pre-construction stability levels. If rip-rap is used to help stabilize the new creek bank, a different floral community might ultimately develop, although the information on communities developing on rip-rap is extremely limited. Avoiding channelization, Alternative (2) would only affect a very small area immediately around the existing bridge and access needed during construction of a box culvert. Vegetation immediately surrounding the bridge will be disturbed by cutting and trampling. Disruption of the bottomland hardwood community would total less than 0.04 ha (0.1 ac). Since the level of disturbance caused by the second alternative is relatively minor, the vegetation should recover to pre-construction conditions in 2-3 years. The important environmental difference between the first and second alternative is the scale of system disruption. The first alternative completely destroys the affected bottomland ecosystem, whereas the second alternative only temporarily disturbs it. Thus, from an environmental perspective, the second alternative is very much the favored construction alternative. No permanent adverse impacts to plant populations are expected from the proposed project, since (1) all species observed are common with adequate populations outside of the impact area (see Sections 4.2.1 and 4.2.2), (2) most plants are weedy and many are non-native, and (3) all communities within the impact area are already considerably degraded and no prime-quality or unique situations exist. Wildlife populations will be affected to the extent that habitat is removed, but none of the species believed to frequent this area will be permanently adversely affected by the proposed action. 4.0 Special Topics 4.1 Waters of the US: Jurisdictional Issues Alternative (1) would realign approximately 30 m (100 ft) of Hartley Creek to protect the road embankment and bridge foundations from erosive effects of high stream flows. This channelization of Hartley Creek could lead to slight alterations in the proximal hydrology. Alternative (2) would avoid this action and confine activity to the small area immediately disturbed during box culvert construction. No wetland occurs in Hartley, Sandy, or Mill Creeks. 4.1.1 Anticipated Impacts to Waters of the U.S. Assuming Best Management Practices are used, the long-term impacts to the streambeds and biota in them would be minimal. Short-term disruption, however, would be severe due to excavation, equipment traffic, placement of stabilizing riprap, and the interim potential for sediment loading downstream. 4.1.2 Anticipated Permit Requirements Impacts to waters of the United States come under jurisdiction of the U.S. Army Corps of Engineers (COE). A Nationwide Permit 33 CFR 330.5 (A)23 should be applicable to project B-. This permit authorizes activities undertaken, assisted, authorized, regulated, funded or financed in whole, or in part, by another federal agency or department. That agency or department has determined that the activity is categorically excluded from environmental documentation because it will neither individually nor cumulatively have a significant environmental effect. A North Carolina Department Divisiorrof Environmental Management (DEM) Section 401 (1665) Water Quality General Certification is also required prior to issuance of the Nationwide Permit. J3-2537 8 July 18, 1994 4.1.3 Avoidance; Minimization, Mitigation Project B-2537 does not involve any wetland beyond the bank to bank impact area. Placement of a culvert will minimize construction disturbance. 4.2 Rare and Protected Species Under federal law, any federal action which is likely to result in a negative impact to federally protected plants and animals is subject to review by the US Fish and Wildlife Service (USFWS) under one or more provisions of the Endangered Species Act (ESA) of 1973. In the case of state-funded action, where federal wetland permits are likely to be required, for example, the USFWS can require consultation to insure that the proposed action does not jeopardize any endangered, threatened or protected species. Even in the absence of federal actions, the USFWS has the power, through provisions of Section 9 of the ESA, to exercise jurisdiction on behalf of a protected plant or animal. The USFWS and other wildlife resource agencies also exercise jurisdiction in this resource area in accordance with the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 USC 661 et seq). North Carolina laws are also designed to protect certain plants and animals where statewide populations are in decline. 4.2.1 Federally Protected Species Schweinitz's sunflower (Helianthus schweinitzii) is the only species identified as endangered or threatened in Davidson County. Schweinitz's sunflower generally occurs in full sun or light shade in low-density stands dominated by oaks, pines, and hickories. Chestnut oak Quercus prinus), scarlet oak Q. coccinea , black oak Q. velutina , blackjack oak Q. marilandica), post oak Q. stellata , shortleaf pine (Pinus echinata), pignut hickory (CMa glabra), sand hickory (C. allida , and mockernut hickory (C. tomentosa are typical overstory species, whereas pinelands threeawn (Aristida stricta), little bluestem (Andropo og n scoparius), panic grass (Panicum sp.), blazing star (Liatris spp.), goldenrod (Solidago spp.), aster (Aster spp.), bracken fern (Pteridium aq_uilinum), and blueberry (Vaccinium spp.) are common understory species. These stands are typically bi-layered, maintained by occasionally surface fires that limit lower canopy and shrub development. In addition, Schweinitz's sunflower may occur in the Roadside community, where periodic mowing, but not herbiciding, roughly approximates the open conditions of fire-maintained forests. Typical forest habitat for Schweinitz's sunflower does not occur within the area impacted by construction, although the Roadside community occurs. In September, 1993, biologists from NCDOT surveyed the project area for Schweinitz's sunflower, but they did not observe it. During the current field reconnaissance, roadsides were again searched for Schweinitz's sunflower, but it was also not observed. Even though the current survey was conducted in early summer, before the flowering season, Schweinitz's sunflower would have been identifiable, due to its characteristic opposite, sessile-subsessile, somewhat revolute leaves with strigose-tomentose undersides--a character combination not common among herbaceous plants. Biological Conclusion. The proposed project will have no effect on Schweinitz's sunflower. 4.2.2. State Protected Species. Prairie birdfoot-trefoil (Lotus helleri, also called Lotus purshianus var. helleri is a species which shows evidence4 declining population levels, and this species has been seen in Davidson County (Radford et al. 1968). Prairie birdfoot-trefoil typically occurs in uplands in open oak--hickory stands on basic or circumneutral soils. Typical overstory species include white oak Quercus alba), post oak Quercus stellata), southern red oak Quercus falcat , black oak uercus velutina , shortleaf pine (Pinus echinata), mockernut hickory (Carya tomentosa), and pignut hickory (Car, lg_abra). The understory contains flowering dogwood (Cornus florid a), redbud (Cercis canadensis), maple-leaf viburnum (Viburnum acerifolium), and arrowwood (Viburnum rafinesquianum). The ground layer includes Solomon's seal (Polygonatum biflorum) and bellwort (Uvularia perfoliata). The somewhat open understory of this community is probably maintained by periodic fires. B-2537 9 July 18, 1994 The oak-hickory community is present within the study area, but it does not occur in the area to be impacted by construction. Therefore typical habitat for Prairie birdfoot-trefoil will not be impacted. This species could possibly occur on roadsides, where mowing roughly approximates the open understory, caused by periodic fires. Nevertheless, Prairie birdfoot-trefoil was not observed during the field investigation, which was conducted at the beginning of the flowering season for this species. In addition, records kept by the North Carolina Natural Heritage Program indicate no known populations of Prairie birdfoot-trefoil in the project area. 4.2.3. Federal Candidate Species. Prairie birdfoot-trefoil has been identified as a candidate for federal protection (C-2), and this species has been observed in Davidson County. As explained in Section 4.2.2, habitat occurs in the study area but not in the area to be impacted by the proposed project. 4.2.2 State Protected Species A review of NC Natural Heritage Program office records concerning state-protected species revealed no records of specimens or other concerns either at this site or within reasonable proximity. 4.2.5 Summary of Anticipated Impacts Action at the B-2537 project site will have no impact on federally or state-protected species. 5.0 References Belanger, R. P. and R. L. Anderson. 1992. A guide for visually assessing crown densities of loblolly and shortleaf pines. USDA, Southeast. For. Expt. Sta. Res. Note SE-352. 4 p. Dilworth, J. R. and J. F. Bell. 1986. Log scaling and timber cruising. O. S. U. Book Stores, Inc., Corvallis, OR. 468 p. Environmental Laboratory. 1987. Corps of Engineers wetlands delineation manual. Technical Report Y-87-1, U. S. Army Engineer Waterways Experiment Station, Vicksburg MS. Eyre, F.H. 1980. Forest cover types. Soc. Amer. For. Washington, D.C. 148 p. Hardison, R.B. and L.L. Brinkley. 1917. Soil Survey of Davidson County, North Carolina. USDA Bureau of Soils. U.S. Government Printing Office, Washington, D.C. 39 p. NCDEM. 1991. Biological assessment of water quality in North Carolina streams: benthic macroinvertebrate data base and long term changes in water quality, 1983-1990. NC Dept. of Env., Health, and Nat. Res., Div. Env. Mgt., Water Qual. Sect., Raleigh, NC. NCDEM. 1993. Classifications and water quality standards assigned to the waters of the Yadkin-Pee Dee River basin. Division of Environmental Management, NC Dept. Env Health and Natl. Res., Raleigh, NC. NCDEM. 1994. Miniature Subbasin Files. Correspondence from M. Toler-McCullen, Instream Assessment Unit, Division of Environmental Management, NC Dept. Env. Health and Natl. Res., Raleigh, NC. Radford, A. E., H. E. Ahles, and C. R. Bell. 1968. Manual of the Vascular Flora of the Carolinas. Univ. of North Carolina Press, Chapel Hill. 1183 p.