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HomeMy WebLinkAbout19970680 Ver 1_Complete File_19970801State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., PI., Director APPROVAL of 401 Water Quality Certification Mr. Franklin Vick N.C. Dept. of Transportation Planning and Environmental Branch P.O. Box 25201 Raleigh, NC 27611-5201 Dear Mr. Vick: I LT!?FA T?I 0 ED F= F1 August 20, 1997 Durham County WQC 401 Project #970680 TIP #B-2963 You have our approval, in accordance with the attached conditions, to place fill material in 0.27 acres of wetlands or waters for the purpose of bridge replacement at SR 1107, as you described in your application dated 29 July 1997. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3107. This Certification allows you to use Nationwide Permit Number 23 when it is issued by the Corps of Engineers. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. Also this approval will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are fuial and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone John Dorsey at 919-733-1786. Sincerely, 2 toLnHo, Jr. P Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Raleigh Field Office Raleigh DWQ Regional Office Mr. John Dorsey Central Files 970680.1tr Division of Water Cluality - Environmental Sciences Branch Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer - 50% recycled/100/6 post consumer paper STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. DIVISION OF HIGHWAYS GARLAND B. GARRETT JR. GOVERNOR P.O. BOX 25201, RALEIGI 1, N.C. 27611-5201 SECRI; IAkv February 21, 1996 MEMORANDUM TO: Mr. Eric Galamb DEM - DEHNR - Water Quality Lab FROM: H. Franklin Vick, P. E., Manager Planning and Environmental Branch SUBJECT: Review of Scoping Sheets for Bridge No. 111 on SR 1107 in Durham County over New Hope Creek, B-2963 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 March 26, 1996 at 9:30 A. M. in the Planning and Environmental Branch Conference Room (Room 434). 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 Jeff Ingham, Project Planning Engineer, at 733-7844 (Ext. 236). JI/plr o ??,6 C`' Attachment I'?'X ?'? FMS ?I rl S ?J l yl J J ?ll S? !mil , `?J? _ ? ,:? l,!?? /j G?; ?? r, i??' z ??? j lax BRIDGE PROJECT SCOPING SHEET TIP PROJECT B-2963 STATE PROJECT 8.2352201 F. A. PROJECT BRSTP-1107(4) DATE: 2-21-96 DIVISION 5 COUNTY Durham ROUTE SR 1107 PURPOSE OF PROJECT: REPLACE OBSOLETE BRIDGE DESCRIPTION OF PROJECT: Replace Bridge No. 111 on SR 1107 over New Hope Creek in Durham County. WILL THERE BE SPECIAL FUNDING PARTICIPATION BY MUNICIPALITY, DEVELOPERS, OR OTHERS? YES NO X EXISTING LENGTH 42 METERS; WIDTH 5.5 METERS STRUCTURE: 137 FEET 18 FEET TIP CONSTRUCTION COST ... ` ................................. $ 380,000 TIP RIGHT OF WAY COST ...................................... + $ 40,000 TIP TOTAL COST .................................... $ 420,000 70 CLASSIFICATION: Urban Collector i jv ??So? V? ?'DZv J a/ - • ° I I? I 1 1113 1 ZJ X75; 1110 1 i 35° \TC -Ali 1 9 2?61 40 FiA hid 54 , -- - •7 ??? if--mss I 1 t. % ell r Blonds Porkwood • 1118 ( (uniric.) ? POP. 9,420 B. EVERET 1 ?( ? JORDAN LAKE? , ' c BRIDGE NO. 111 751 $? North Carolina Department Of o`'I Transportation °- 40 '? - - Planning & Environmental Branch DURHAM COUNTY REPLACE BRIDGE NO. 111 ON SR 1107 OVER NEW HOPE CREEK B-2963 0 kilometers 1.6 kilometers 3.2 i '1 Figure 1 0 miles 1 miles 2 c N. C. DEPARTMBNT OF -TRANSPORTATION TRANSMITTAL SLIP DAYS / TOt REF. NO. OR ROOM, GLQO.: FR MI REF.'NO. OR ROOM, GLDO. A 4 ACTIOIC -0 NOTE AND FILE ? Pon OUR CONVERSATION - ?NOTE AND RETURN TO ME - ? PER YOUR REOUsST Q RETURN WITH MORE DETAILS ? FOR YOUR APPROVAL ? NOTE AND SEE Ms A/OUT THIS '-? FOR YOUR INFORMATION ? PLEASE ANSWER - ? FOR YOUR COMMENTS - - E3 PREPARE REPLY FOR MY GIGNATURll -? SIGNATURE ? TARE APPROPRIATE ACTION ? INVESTIGATE AND REPORT' COMMENTSI RECEIVED _I APR 0 3 1996 ENV!RO MENIALSCiENCFS STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. P.O. 60X25201, RALEIGI L N.C. 27611-5201 GARLAND B. GARRETr JR. GowANOR March 29, 1996 SECRETARY MEMORANDUM TO: Mr. Eric Galamb DEM - DEHNR - Water Quality Lab FROM: Jeff Ingham Project Planning Engineer SUBJECT: SR 1107, Durham County, Replacement of Bridge No. 1 I 1 over New Hope Creek, State Project 8.23 F. A. Project BRSTP-1107(4), B-2963 A scoping meeting for the subject bridge was held in the Transportation Building on March 26, 1996. The following people were in attendance: Jimmy Goodnight Roadway Design Steve Smallwood Roadway Design Jerry Snead Hydraulics Debbie Bevin State Historic Preservation Office Sid Autry Location and Surveys Betty Yancey Right of Way Eric Galamb Division of Environmental Management David Cox North Carolina Wildlife Resource Commission Henry Esealuka Traffic Control Steve Hall DPR/ Natural Heritage Jeff Ingharn Planning & Environmental The following comments were either called in or given at the meeting: Eric Galamb of DEM stated that this section of New Hope Creek is classified as Class WS IV waters and recommended that High Quality Waters soil and erosion control measures be implemented on the project. He requested that there be no weepholes on the bridge over the stream and recommended that the bridge be replaced in place with road closure. David Cox of the Wildlife Resources Commission recommended that Best Management Practices be used on this project. He stated that all efforts should be made to avoid impacts to game lands and to maintain dry bank passage under the bridge for wildlife. Steve Hall of the Natural Heritage Program stated his concurrence with these recommendations. Debbie Bevin stated that no archaeological or architectural surveys would be needed on this project. gn. Tom Norman of the Office of Bicycle and Pedestrian Transportation, indicated that SR 1 107 is a proposed regional bike route. He recommended a 1.2 meter (4 foot) shoulder and 1.37 meter (54 inch) bridge rails on the bridge to accommodate bicycles. Sid Autry, P. E., RLS, Area Locating Engineer, stated that there is an underground fiber optic service line running along the south side of SR 1107. He recommended that the bridge be replaced on the existing horizontal and vertical alignment and traffic be detoured offsite during construction. D. A. Allsbrook, Jr., P. E., Division Engineer for Division 5, recommended that the road be closed, the bridge be replaced at its current location, and traffic be detoured along surrounding roads. Jerry Snead of Hydraulics recommended that the existing bridge be replaced with a bridge approximately 48 meter (157 feet) in length at the same location with approximately the same roadway elevation with a minimum 0.3 % gradient to facilitate deck drainage. He noted that there is a USGS Stream Gage station attached to the bridge on the south (downstream) side of the bridge. Coordination should be made with USGS prior to construction regarding removal or relocation of the stream gage. Roadway and Structure Design agreed with the division engineer and Hydraulics in that the bridge should be replaced in place and traffic detoured along secondary roads. The possibility of using an on-site detour to maintain traffic was brought up. This option was determined not to be warranted at this site. DISCUSSION OF ALTERNATES Alternate 1: Replace bridge with a new bridge structure approximately 48 meters (157 feet) in length at the same location with approximately the same roadway elevation. Close SR 1 107 to traffic during construction and detour traffic along surrounding roads. This will be the only replacement alternate evaluated. BRIDGE PROJECT SCOPING SHEET DATE: 3-29-96 TIP PROJECT B-2963 DIVISION 5 STATE PROJECT 8.2352201 COUNTY Durham F. A. PROJECT BRSTP-1 107(4) ROUTE SR 1107 PURPOSE OF PROJECT: REPLACE OBSOLETE BRIDGE WILL THERE BE SPECIAL FUNDING PARTICIPATION BY MUNICIPALITY, DEVELOPERS, OR OTHERS? YES NO X STRUCTURES BRIDGE NO. I I I EXISTING LENGTH 42 METERS, WIDTH 5.5 METERS STRUCTURE: 137 FEET 18 FEET NEW STRUCTURE LENGTH TRAFFIC 1996 ADT: 400 VPD % TTST, I% Dual 10% DHV, 60% Dir 48 METERS, WIDTH 9.8 METERS 157 FEET 32 FEET Estimated 2020 ADT: 4500 2% TTST, 3% Dual 10% DHV, 60% Dir COSTS TIP CONSTRUCTION COST ....................................... TIP RIGHT OF WAY COST ....................................... TIP TOTAL COST ...................................... CONSTRUCTION ESTIMATE Expected to be completed by May 1996. CLASSIFICATION: Urban Collector TIP ESTIMATE $ 380,000 + $ 40,000 $ 420,000 t , . ?.,.,.: 9 7 0 6 8 STATE OF NORTH CAROLINA DEPAPUMENT OF TRANSPORTATION JAMES B. HUNT JR. DIVISION OF HIGHWAYS GARLAND B. GARRETT JR. GOVERNOR P.O. BOX 25201, RALEIGH, N.C. 27611-5201 SECRETARY 29 July 1997 U.S. Army Corps of Engineers Regulatory Field Office 6512 Falls of the Neuse Road Suite 105 Raleigh, NC 27609 ATTN: Mr. Michael Smith Chief, Northern Section Dear Sir: RECEIVED AUC Q 1 1997. ENVIRONMENTAL SCIENCES . , 1 1 SUBJECT: NATIONWIDE PERMIT 23 APPLICATION FOR REPLACEMENT OF BRIDGE NO. 111 ON SR 1107 OVER NEW HOPE CREEK, DURHAM COUNTY, TIP NO. B-2963. Attached for your information is a copy of the Categorical Exclusion Classification Form and the Natural Resources Technical Report (NRTR) for the subject project. The project is being processed by the Federal Highway Administration as a "Categorical Exclusion" in accordance with 23 CFR 771.115(b). Therefore, we do not anticipate requesting an individual permit but propose to proceed under a Nationwide Permit in accordance with 33 CFR 330 Appendix A (B-23) issued December 13, 1996, by the Corps of Engineers. The provisions of Section 330.4 and appendix A (C) of these regulations will be followed in the construction project. Potential wetland impacts are approximately 0.27 acres. This was determined using the entire project right-of-way. Usually, project construction does not require the entire right-of-way, therefore, actual wetland and surface water impacts may be considerably less. The project will impact a strip of land, approximately 4 feet wide, on both sides of the roadway for the length of the project. This land is part of a waterfowl impoundment managed by the North Carolina Wildlife Resource Commission (NCWRC) and qualifies as Section 4(f) resources. A set of commitments to protect this land has been coordinated with Mr. David Cox of the NCWRC and are listed in the CE document. R 1% 2 We anticipate that 401 General Water Quality Certification No. 3107 (Categorical Exclusion) will apply to this project, and are providing a copy of the CE document and the NRTR to the North Carolina Department of Environment, Health and Natural Resources, Division of Water Quality, for their review. If you have any questions or need any additional information, please contact Mr. Michael Wood at (919) 733-7844 extension 306. Sincerely, H. Franklin Vick, PE, Manager Planning and Environmental Branch HFV/plr cc: w/ attachment Mr. Eric Alsmeyer, COE, NCDOT Coordinator Mr. John Dorney, Division of Water Quality Mr. William J. Rogers, P.E., Structure Design w/o attachments Mr. Tom Shearin, P.E., Roadway Design Mr. Kelly Barger, P.E., Program Development Mr. R. L. Hill, P.E., Highway Design Mr. A. L. Hankins, P.E., Hydraulics Mr. D. A. Allsbrook, P.E., Division 5 Engineer Mr. Jeff Ingham, Planning & Environmental CATEGORICAL EXCLUSION ACTION CLASSIFICATION FORM TIP Project No. B-2963 State Project No. 8.2352201 Federal-Aid Project No. BRSTP-1107(21 A. Project Description: The project consists of replacing Bridge No. 111 on SR 1107 over New Hope Creek in Durham County. The new structure will be a bridge approximately 48 meters (157 feet) in length and 9.6 meters (32 feet) in width at approximately the same location and roadway elevation as the existing bridge. This section of roadway is part of a proposed bicycle route. The bridge width will include two 3.6 meter (12 foot) lanes and 1.2 meter (4 foot) shoulders to allow for bicycle travel. The bridge will have 1372 millimeter (54 inch) high bicycle-safe railing. Approach work will consist of resurfacing and widening the roadway to provide two 3.6 meter (12 foot) lanes and 2.4 meter (8 foot) shoulders, including a 1.2 meter (4 foot) paved shoulder for bicycle travel. Shoulders will widen to 3.3 meters (11 feet) where guardrail is required. Total project length will be approximately 220 meters (720 feet). Traffic will be detoured along secondary roads during construction. B. Purpose and Need: Bridge No. 111 has a sufficiency rating of 47.3 out of 100. The structure is a two lane bridge with 5.3 meters (17.4 feet) of bridge roadway width. This width does not meet modern design standards. The bridge is posted for 18 tons for single vehicles and 27 tons for truck tractor semi trailers. Rehabilitation of the existing bridge is neither practical nor economical. "Do nothing" is not practical, requiring the eventual closing of the road as the existing bridge completely deteriorates. C: Proposed Improvements: The improvements which apply to the project are circled: 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 driveways 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. 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 O Bridge rehabilitation, reconstruction, or replacement or the construction of grade separation 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 O 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 consistent 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 consistent 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 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 Environmental Commitments: All standard procedures and measures will be implemented to avoid or minimize environmental impacts. Best Management Practices (BMP's) including High Quality Soil and Erosion Control Measures will be implemented and properly maintained during project construction. In accordance with the provisions of Section 404 of the Clean Water Act (33 U.S.C. 1344), a permit will be required from the Corps of Engineers for the discharge of dredged or fill material into "Waters of the United States." North Carolina Division of Environmental Management (DEM) Section 401 Water Quality General Certification will be obtained prior to issue of the Army Corps of Engineers Nationwide Permit # 23. 3 The US Geological Survey (USGC) Gauging Station attached to the south side of the existing bridge is currently in use. In order to allow USGS time to remove all gauging equipment from the bridge, the NCDOT Resident Engineer will notify Doug Smith with the USGS (919-571-4000) of the bridge removal thirty days prior to construction. During final hydraulic design, efforts will be made to design the deck drainage so that there are no weepholes over the stream, and if possible, no weepholes on the bridge at all. If possible, rip rap will be avoided in an effort to maintain wildlife passage under the bridge. The project will impact an approximately 1.2 meter (4 foot) wide strip of land on both sides of the roadway for the length of the project. This land is part of a waterfowl impoundment managed by the North Carolina Wildlife Resource Commission (NCWRC). The following commitments are made to protect the Section 4(0 Gamelands and waterfowl impoundment: The hunter access to the waterfowl impoundment located on the west side of the existing bridge must remain open from September to January 31. 2. NCWRC personnel must have access to the impoundment at all times. 3. The parking lot at the impoundment will not be available for use as a construction staging area by the contractor. 4. Disturbance of the area during the waterfowl season (September through January) must be kept to a minimum. The NCWRC has requested that mitigation take one of two forms; either purchase an appropriate amount of land adjacent to the property, or add 6 inches of gravel to the parking lot at the impoundment and stabilize all newly graded slopes with weeping lovegrass. 6. David Cox of the N. C. Wildlife Resource (919-528-9886) will be invited by the resident engineer to attend the preconstruction meeting for this project. Estimated Costs: Construction $ 625,000 Right of Way $ 33,500 Total $ 658,500 4 Estimated Traffic: Current Year 2020 TTST DUAL 400 VPD 4500 VPD 1% - 1% Proposed Typical Roadway Section: Travelway - two 3.6 meter (12 foot) lanes Shoulders - 2.4 meters (8 feet) wide including 1.2 meters (4 feet) paved, 3.3 meters (11 feet) wide where-guardrail is required Design Speed: 100 km/h (60 mph) Functional Classification: Urban Collector Division Office Comments: 1. This project is located in the midst of a waterfowl impoundment area with the flood control dam and gates located approximately 61 meters (200 feet) north of SR 1107. Therefore, the proposed structure should be located on the existing. alignment. 2. Based on the above and a traffic count of 400 VPD, the Division would agree to close SR 1107 during construction. 3. A MCI fiber. optic cable is located on the south side of SR 1107. 4. A sign also notes that this is a wild turkey restoration area. 5. The existing bridge has a measuring device attached to the south side. E. Threshold Criteria If any Type II actions are involved in the project, the following evaluation must be completed. If the project consists 91X of Type I improvements, the following checklist does not need to be Completed. 5 t ECOLOGICAL YES NO (1) Will the project have a substantial impact on any unique on any unique or important natural resource? X ,7 - (2) Does the project involve any habitat where federally listed endangered or threatened species may occur? F7 X (3) Will the project affect anadromous fish? j? X (4) If the project involves wetlands, is the amount of permanent and/or temporary wetland taking less than x one-third (1/3) acre and have all practicable measures wetland to avoid and minimize takings been evaluated? (5) Will the project require use of U. S. Forest Service lands? X (6) Will the quality of adjacent water resources be adversely impacted by proposed construction activities? 17 X (7) Does the project involve waters classified as Outstanding Water Resources (OWR) and/or High Quality Waters X (HQW)? - - (8) Will the project require fill in waters of the United States in any of the designated mountain trout counties?~- X (9) Does the project involve any known underground storage tanks (UST's) or hazardous materials sites? 1 X 6 PERMITS AND COORDINATION YES NO (10) If the project is located within a CAMA county, will the project significantly affect the coastal zone and/or any N/A "Area of Environmental Concern" (AEC)? (11) Does the project involve Coastal Barrier Resources Act resources? X (12) Will a U. S. Coast Guard permit be required? X (13) Will the project result in the modification of any existing regulatory floodway? X (14) Will the project require any stream relocations or channel -- changes? X SOCIAL AND ECONOMIC 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) If the project involves the acquisition of right of way, is the amount of right of way acquisition considered minor? X- (18) Will the project involve any changes in access control? X (19) Will the project substantially alter the usefulness and/ or land ------- use of any adjacent property? X 7 (20) Will the project have an adverse effect on permanent local traffic patterns or community cohesiveness? X (21) Is the project included in an approved thoroughfare plan and/ or Transportation Improvement Program (and is, X C therefore, in conformance with the Clean Air Act of 1990)? (22) Is the project anticipated to cause an increase in traffic volumes? X (23) Will traffic be maintained during construction using existing roads, staged construction, or on-site detours? X (24) Is there substantial controversy on social, economic, or -- environmental grounds concerning the project? X (25) Is the project consistent with all Federal, State, and local laws relating to the environmental aspects of the action? X CULTURAL RESOURCES YES NO (26) Will the project have an "effect" on properties eligible for or listed on the National Register of Historic Places? X (27) Will the project require the use of Section 4(f) resources (public parks, recreation lands, wildlife and waterfowl X i 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 as a component of or proposed for X inclusion in the natural Wild and Scenic Rivers? 8 F. Additional Documentation Required for Unfavorable Responses in Part E After coordination with the North Carolina Wildlife Resource Commission, it was determined that the project commitments made in Section D of this document sufficiently address the response to Question 27. G. CE Approval TIP Project No. B-2963 State Project No. 8.2352201 Federal-Aid Project No. _ BRSTP-1107(2) Prpject Description : The purpose of this project is to replace Bridge No. 111 on SR 1107 over New Hope Creek in Durham County. The new structure will be a bridge approximately 48 meters (157 feet) in length and 9.6 meters (32 feet) in width at approximately the same location and roadway elevation as the existing bridge. This section of roadway is part of a proposed bicycle route. The bridge width will include two 3.6 meter (12 foot) lanes and 1.2 meter (4 foot) shoulders to allow for bicycle travel. The bridge will have 1372 millimeter (54 inch) high bicycle-safe railing. Approach work will consist of resurfacing and widening the roadway to provide two 3.6 meter (12 foot) lanes and 2.4 meter (8 foot) shoulders, including a 1.2 meter (4 foot) paved shoulder for bicycle travel. Shoulders will widen to 3.3 meters (11 feet) where guardrail is required. Total project length will be approximately 220 meters (720 feet). Traffic will be detoured along secondary roads during construction. (See the attached location map.) Categorical Exclusion Action Classification: _ TYPE II (A) X _ TYPE II (B) Approved: Date Assistant Manager Planning & Environmental Branch Date Project Planning Unit Head ate Pro' t lanng Engin r 3/-)71y7 - __-?.----- Date ision Administrator Weral Highway Administration 10 I e""A ? cdl:y ?B ¦ I r I 1113 Y\? I 10 35° 55. L. I .7 FAA ?l ----- Blands ( II1 Parkwood ' (uninc.) V J a .., ?? • POP. 9,420 ' . B. EVERET ` `JORDAN LAKE- ' c Q BRIDGE NO. 111 o 7c1\ ° d a ly? North Carolina Department Or Transportation 0 `?e?• _,,i Planning & Environmental Branch Studied Detour Route DURHAM COUNTY REPLACE BRIDGE NO. I l l ON SR 1107 OVER NEW HOPE CREEK B-2963 0 kilometers 1.6 kilometers 3.2 ' I Figure 1 0 miles 1 miles 2 ' NCWRC,HCP,FALLS LAKE TEL:919-528-9839 Mar 21'97 16:25 No.005 P.02 ® North Carolina Wddhfe Resources Conumssion 512 N. Salisbury Street, Raleigh. North Carolina 27604-1188,919-733-3391 Charles R. Fullwood, Executive Director MEMORANDUM TO: Jeff Ingham Project Planning Fngineer, NCDOT FROM: David Cox, Highway Project Coprditmlor , Habitat Conservation Program DATE: March 21, 1997 SUBJECT: Bridge No. I I I replacement in Durham County. North Carolina. TIP No. 11-2963. We have reviewed the information provided by NCDOT and feel that the following measures would provide adequate protection for NCWRC Gamelands and the subject waterfowl impoundment. 1. The hunter access to the waterfowl impoundment located on the west side of tlic existing bridge must remain open from September 1 to January 31. 2. NC: WRC personnel must have access to the impoundment at all times. 3. Tito parking lot at the impoundment will not be available for use as u construction staging area by the contractor. 4. Disturbance of the area during the waterfowl season must be kept to a minimum (i.e. loud noises). S. Mitigation should take one of two forms; either purchase an npproprinto n?nount of land ndjacont to the property, or add 6 inches of gravel to the parking lot at the impoundment and stabilize all newly graded slopes with weeping lovegrass. 6. This property was not acquired with Pittman Robertson funds. NCD(Yl' should use Best Management Practices to control sediment at this site. We wish to attend the preconstructiou meeting for this project to discuss our concerns with NCDOT construction personnel and thu contractor. Tf you have any further questions please call me at (919) 528-9886. JASTATEv a?,t ? Zc a? North Carolina Department of Cultural Resources James B. Hunt Jr., Governor Betty Ray McCain, Secretary March 27, 1996 Nicholas L. Graf Division Administrator Federal Highway Administration Department of Transportation 310 New Bern Avenue Raleigh, N.C. 27601-1442 Re: Replace Bridge 111 on SR 1 107 over New Hope Creek, Durham County, B-2963, Federal Aid Project BRSTP-1 107(4), State Project 8.2352201, ER 96-8363 Dear Mr. Graf: Division of Archives and History Jeffrey J. Crow, Director 1 V 46 6? MAR 2 9 1996 7A OF ??? N1GNW PY ?? ?lnwnrlPllr`/ On March 26, 1996, Debbie Bevin of our staff met with North Carolina Department of Transportation (NCDOT) staff for a meeting of the minds concerning the above project. We 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 proposed 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 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 of 1966 and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106, codified at 36 CFR Part 800. 109 East Jones Street • Raleigh, North Carolina 27601-2807 ??V 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, avid Brook Deputy State Historic Preservation Officer DB:slw cc: `'1'-I. F. Vick B. Church T. Padgett NORTH CAROLINA DIVISION FINAL NATIONWIDE SECTION 4(f) EVALUATION AND APPROVAL FOR FEDERALLY-AIDED HIGHWAY PROJECTS WITH MINOR INVOLVEMENT WITH PUBLIC PARKS, RECREATION LANDS, AND WILDLIFE AND WATERFOWL REFUGES F. A. Project: BRSTP-1107(4) State Project: 8.2352201 T. I. P. No. B-2963 Description: Replace Bridge No. 111 on SR 1107 over New Hope Creek in Durham County. Yes No Is the proposed project designed to improve the operational characteristics, safety, and/or physical condition of existing highway facilities on X essentially the same location? 2. Is the project on new location? F-1 X 3. Is the Section 4(f) land a publicly owned public park, recreation land, or wildlife and waterfowl refuge located X adjacent to the existing highway? 4. Does the amount and location of the land to be used impair the use of the remaining Section 4(f) land, in whole or in part, for its intended purpose? F-1 X (See chart below) less than 10 acres ............ 10 percent of site 10 acres-100 acres ............ 1 acre greater than 100 acres ............ 1 percent of site Yes No Do the proximity impacts of the project (e.g., noise, air and water pollution, wildlife and habitat effects, aesthetic values) on the remaining Section 4(f) land impair the use of such land for its X intended purpose? 6. Do the officials having jurisdiction over the Section 4(f) land agree, in writing, with the assessment of the impacts of the proposed project on, and the proposed mitigation for, the Section X 4(o lands? . _F 7. Does the project use land from a site purchased or improved with funds under the Land and Water Conservation Act (Section 6(f)), the Federal Aid in Fish Restoration Act (Dingell-Johnson Act), the Federal Aid in Wildlife Act (Pittman-Robertson Act), or similar laws, or are the lands otherwise encumbered with a Federal interest a X (e.g., former Federal surplus property)? 8. If the project involves lands described in Item 7 above, does the appropriate Federal Agency objedt to the land F-1 N/A conversion or transfer? 9. Does the project require preparation of an EIS? F-1 X ALTERNATIVES CONSIDERED AN D FOUND NOT TO B FEASIBLE AND PR UDENT Yes No The following alternatives were evaluated and found not to be feasible and prudent: 1 hi D X . o-not ng. Does the "do nothing" alternative: (a) correct capacity deficiencies? X or (b) correct existing safety hazards? X or (c) correct deteriorated conditions? ? X and (d) create costs, unusual problems, or X a impacts of extraordinary measure? 2. Improvement of the highway without using the adjacent public park. recreational N/A land, or wildlife waterfowl refuge. (a) Have minor alignment shifts, changes in standards, use of a retaining walls, etc., or traffic X management measures been evaluated? (b) The items in 2(a) would result in (circle, as appropriate) (i) substantial adverse community impact or (ii) substantial increased costs or (iii) unique engineering, transportation, maintenance, or safety problems or (iv) substantial social, environmental, or economic impacts or (v) a project which does not meet the need and (vi) impacts, costs, or problems which are extraordinary magnitude The bridge cannot be replaced without using land included in the recreational area, which is on both sides of the roadway. Yes No 3. Build an improved facility on new location without using he public park. recreational land. or wildlife and waterfowl refuge. (This would be a localized "run around.") (a) An alternate on new location would result in: (circle, as appropriate) (i) a project which does not solve the existing problems or (ii substantial social, environmental, or economic impacts or iii a substantial increase in project cost or engineering difficulties and (iv such impacts, costs, or difficulties of truly unusual or unique or extraordinary magnitude 1. The project includes all possible planning to minimize harm. 2. Measures to minimize harm include the following: (circle those which are appropriate) a. Replacement of lands used with lands of reasonably equivalent usefulness and location and of'at least comparable value. b. Replacement of facilities impacted by the project including sidewalks, paths, benches, lights, trees, and other facilities. X 17 Yes No X F-I O Restoration and landscaping of disturbed areas. O Incorporation of design features and habitat features, where necessary, to reduce or minimize impacts to the Section 4(f) property. Payment of the fair market value of the land and improvements taken or improvements to the remaining Section 4(f) site equal to the fair market value of the land and improvements taken. f. Additional or alternative mitigation measures as determined necessary based on consultation with the officials having jurisdiction over the parkland, recreation area, or wildlife or waterfowl refuge. 3. A discussion of specific mitigation measures is provided as follows: 1. The hunter access to the waterfowl impoundment located on the west side of the existing bridge must remain open from September to January 31. NCWRC personnel must have access to the impoundment at all times. The parking lot at the impoundment will not be available for use as a construction staging area by the contractor. 4. Disturbance of the area during the waterfowl season (September through January) must be kept to a minimum. The NCWRC has requested that mitigation take one of two forms; either purchase an appropriate amount of land adjacent to the property, or add 6 inches of graveLto the parking lot at the impoundment and stabilize all newly graded slopes with weeping lovegrass. 6. David Cox of the N. C. Wildlife Resource (919-528-9886) will be invited by the resident engineer to attend the preconstruction meeting for this project. The proposed project has been coordinated with the following (attach correspondence): a. Officials having jurisdiction over x the Section 4(f) Land b. Local/State/Federal Agencies N/A c. US Coast Guard N/A (for bridges requiring bridge permits) d. DOI, if Section 6(f) lands are N/A involved V The project meets all criteria included in the programmatic 4(0 evaluation approved on December 23, 1986. All required alternatives have been evaluated and the findings made are clearly applicable to this project. There are no feasible or prudent alternatives which avoid use of the Section 4(f) land. The project includes all possible planning to minimize harm, and there are assurances that the measures to minimize harm will be incorporated in the project. All appropriate coordination has been successfully completed. Approved: Date q f6- Manager, Planning & Environmental Branch, NCDOT Date Q,? vision Administrator, FHWA s..? FNL STATE OF NORTH CAROLINA DEPARTMENT OF TkA NSPORTATION JAMES B. HUNT JR. GOVERNOR DIVISION OF HIGHWAYS P.O. BOX 25201, RALEIGH. N.C. 27611-5201 23 September 1996 MEMORANDUM TO: FROM: Wayne Elliot, Unit Head Bridge Unit GARLAND B. GARRETT JP- SECRETARY Bruce O. Ellis, Environmental Biologist Environmental Unit SUBJECT: Natural Resources Technical Report for Proposed Replacement of Bridge No. 111, Over New Hope Creek, Durham County, TIP No. B-2963; State Project No. 8.2352201; Federal Aid No. BRSTP-1107(4). ATTENTION: Jeff Ingham, Project Manager Bridge Unit The attached Natural Resources Technical Report provides inventories and descriptions of natural resources within the project area, and estimations of impacts likely to occur to these resources as a result of project construction. Pertinent information on Waters of the United States and federally-protected species is also provided. I would appreciate the opportunity to review the draft Categorical Exclusion for this project. Please contact me if you have any questions, or need this report copied onto disk format (ext. 305). cc: V. Charles Bruton, Ph.D., Environmental Unit Head Hal Bain, Environmental Supervisor Gordon Cashin, Permits Supervisor File: B-2963 ?#: *• Replacement of Bridge No. 111 On SR 1107 Over New Hope Creek Durham County TIP No. B-2963 Federal Aid Project No. BRSTP-1107(4) State Project No. 8.2352201 Natural Resources Technical Report B-2963 NORTH CAROLINA DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS PLANNING AND ENVIRONMENTAL BRANCH ENVIRONMENTAL UNIT BRUCE O. ELLIS, ENVIRONMENTAL BIOLOGIST 23 SEPTEMBER 1996 TABLE OF CONTENTS 1.0 Introduction .................................................................................................................. . I 1.1 Project Description ............................................................................................1 1.2 Purpose ..............................................................................................................1 1.3 Methodology .....................................................................................................1 1.4 Qualifications of Investigator ............................................................................2 1.5 Definitions .......................................................................................................2 2.0 Physical Resources .......................................................................................................2 2.1 Soils ............................................................................................................... ..2 2.2 Water Resources ...............................................................................................3 2.2.1 Waters Impacted and Characteristics .................................................. ..3 2.2.2 Best Usage Classification .................................................................... ..3 2.2.3 Water Quality ...................................................................................... ..4 2.2.4 Summary of Anticipated Impacts ........................................................ ..5 3.0 Biotic Resources ......................................................................................................... ..6 3.1 Terrestrial Communities ................................................................................. ..6 3. 1.1 Piedmont/Low Mountain Forest .......................................................... ..6 3.1.2 Maintained/Disturbed .......................................................................... ..7 3.2 Aquatic Communities ..................................................................................... ..7 3.3 Summary of Anticipated Impacts .................................................................... ..8 4.0 Jurisdictional Topics ................................................................................................... ..9 4.1 Waters of the United States ............................................................................. ..9 4.1.1 Characteristics of Wetlands and Surface Waters ................................ ..9 4.1.2 Summary of Anticipated Impacts ................................................... 10 4.1.3 Permits ................................................................................................ 10 4.1.4 Mitigation ............................................................................................ 11 4.1.4.1 Avoidance ................................................................................. 11 4.1.4.2 Minimization ............................................................................ 11 4.1.4.3 Compensatory Mitigation ......................................................... 12 4.2 Rare and Protected Species .............................................................................. 12 4.2.1 Federally-Protected Species ................................................................ 12 4.2.2 Federal Species of Concern and State Listed Species ......................... 14 5.0 References .................................................................................................................15 Figure 1. Project Location ................................................................................................2A Figure 2. Project Area ......................................................................................................3A Table 1. Anticipated Impacts to Biotic Communities ..........................................................8 Table 2. Federally-Protected Species for Durham County .................................................12 Table 3. Federal Species of Concern for Durham County .................................................15 1.0 INTRODUCTION The following Natural Resources Technical Report is submitted to assist in preparation of a Categorical Exclusion (CE) for the proposed project. The project is situated in Durham County (Figure 1). 1.1 Project Description The proposed project calls for the replacement of Bridge No. 111 on SR 1107 over New Hope Creek (Figure 2) in existing location with an off-site detour. The existing cross section is 5.5 in (18.0 ft) and the proposed cross section is 9.6 in (32.0 ft). The existing right-of-way is 18.3 in (60.0 ft). The proposed right-of-way is 30.5 m (100.0 ft). Project length is 220 in (725 ft). 1.2 Purpose The purpose of this technical report is to inventory, catalog and describe the various natural resources likely to be impacted by the proposed action. This report also attempts to identify and estimate the probable consequences of the anticipated impacts to these resources. Recommendations are made for measures which will minimize resource impacts. These descriptions and estimates are relevant only in the context of existing preliminary design concepts. If design parameters and criteria change, additional field investigations will need to be conducted. 1.3 Methodology Research was conducted prior to field investigations. Information sources used in this pre-field investigation of the study area include: U.S. Geological Survey (USGS) quadrangle map (Southwest Durham), U.S. Fish and Wildlife Service (FWS) National Wetland Inventory Map (Southwest Durham), Natural Resources Conservation Service (MRCS, formerly the Soil Conservation Service) soil maps, and NCDOT aerial photographs of project area (1:1200). Water resource information was obtained from publications of the Department of Environment, Health and Natural Resources (DEHNR, 1993) and from the NC Center for Geographic Information and Analysis (Environmental Sensitivity Base Map of Durham County, 1995). Information concerning the occurrence of federal and state protected species in the study area was gathered from the Fish and Wildlife Service (FWS) list of protected species and species of concern, and the N.C. Natural Heritage Program (NHP) database of rare species and unique habitats. General field surveys were conducted along the proposed alignment by NCDOT biologists Bruce O. Ellis and Logan Williams on 24 April 1996 and by Bruce Ellis on 23 August 1996. Plant communities and their associated wildlife were identified and recorded. Wildlife identification involved using one or more of the following observation techniques: active searching and capture, visual observations (binoculars), and identifying 2 characteristic signs of wildlife (sounds, scat, tracks and burrows). Jurisdictional wetland determinations were performed utilizing delineation criteria prescribed in the "Corps of Engineers Wetland Delineation Manual" (Environmental Laboratory, 1987). 1.4 Qualifications of Investigator Investigator: Bruce O. Ellis, Environmental Biologist NCDOT. Education: BS Agriculture/Environmental Science, Rutgers University College of Agriculture and Environmental Science. Certification: Certified Lake Manager (North American Lake Management Society). Experience: Biologist, Allied Biological, Inc., March 1976-April 1994. Expertise: Aquatic resource management; wetland delineation; Section 7 field investigations; NEPA investigations. 1.5 Definitions Definitions for areal descriptions used in this report are as follows: Project Study Area denotes the area bounded by proposed construction limits; Project Vicinity describes an area extending 0.8 km (0.5 mi) on all sides of the project study area; and Project Region is equivalent to an area represented by a 7.5 minute USGS quadrangle map with the project occupying the central position. 2.0 PHYSICAL RESOURCES Soil and water resources, which occur in the study area, are discussed below. Soils and availability of water directly influence composition and distribution of flora and fauna in any biotic community. The project study area lies within the Piedmont Physiographic Province. The topography in this section of Durham County is characterized by gently rolling hills which are dissected by fairly wide flood plains. Topography in the project area is relatively flat since it is located in a wide flood plain area associated with New Hope Creek. Project elevation is approximately 73 m (240 ft) above mean sea level (msl). 2.1 Soils One soil phase occurs within project boundaries: Altavista silt loam, 2-6 percent slopes. Altavista silt loam is a moderately well drained soil that occurs on broad stream terraces. Permeability is moderate, runoff is medium, and the seasonal high water table is located at 0.8 m (2.5 ft) below the surface. Flooding occurs infrequently for brief periods, usually in late winter and early spring. Altavista silt loam is listed as non-hydric. Altavista silt loam is low in natural fertility, however, it is well suited to locally grown crops. Woodland productivity is rated as high. Wetness, periodic flooding and erosion are major limitations for this soil. Tm,a„p„ -? , CA a.? 1 ` ??. e S7 I 1 f ? /L f , -fem. NC 7113 I 1 75, { ?? 35° 55' ?/y, I d FiA hid ?1 ? 1. ; ? _ ? . C I \ G ?? v C'j Glands ' v 8 I Porkwood (uninc.) v J `? gk? POP. 9,420 I : B. EVERET, JORDAN LAKE, I ° BRIDGE NO. 111 /!??•---- •- •---•-•- •------ /-I North Carolina Department Of Transportation ?p " Planning & EnOronmental Branch DURHAM COUNTY REPLACE BRIDGE NO. 111 ON SR 1107 OVER NEW HOPE CREEK B-2963 0 kilometers 1.6 kilometers 3.2 s Figure 1 0 miles 1 miles 2 3 Soil core samples taken throughout the project area revealed soils with a silty texture. The soils did exhibit hydric conditions, such as low chroma colors, in low areas of the flood plain. Therefore, hydric soil indicators, as defined in the "Corps of Engineers Wetland Delineation Manual", 1987, were observed within the project study area. 2.2 Water Resources This section contains information concerning those water resources likely to be impacted by the project. Water resource information encompasses physical aspects of the resource, its relationship to major water systems, Best Usage Standards and water quality of the resources. Probable impacts to these water bodies are also discussed, as are means to minimize impacts. 2.2.1 Waters Impacted and Characteristics New Hope Creek will be the only surface water resource directly impacted by the proposed project (Figure 2). New Hope Creek is located in sub-basin 03-06-05 of the Cape Fear River Basin. New Hope Creek is a tributary to Jordan Lake, and has its confluence with the lake approximately 3.2 km (2.0 mi stream channel distance) downstream of Bridge No. 111. Jordan Lake is a 5790 ha (14,300 ac) impoundment of the Haw River and its tributaries, and was created for flood control, fish and wildlife habitat, recreation, and water supply. It is currently used as a water supply for the towns of Cary and Apex [Division of Water Quality (DWQ), formerly the Division of Environmental Management, 1995]. New Hope Creek, at Bridge No. 111, is approximately 14 m (45 ft) wide and has an average depth of 1.8 m (6.0 ft) at this location. The substrate is composed of silt, sand and gravel. The waters of New Hope Creek were very turbid at the time of the survey, yielding a visibility of less than 0.5 m (1.5 ft). A flood control structure is located approximately 90 m (300 ft) north (upstream) of Bridge No. 111. Between the flood control structure and Bridge No. 111, a large pool has formed, and it is approximately 61 m (200 ft) wide and 230 m (750 ft) long, resulting a surface area of 1.4 ha (3.4 ac). The creek once again becomes channelized approximately 30 m (100 ft) north of Bridge No. 111. 2.2.2 Best Usage Classification Streams have been assigned a best usage classification by the DWQ. The classification of New Hope Creek [index no. 16-41-1-(11.5)] is WS-IV NSW. The WS- IV classification denotes waters protected as water supplies which are generally in moderately to highly developed watersheds: point source dischargers of treated wastewater are permitted pursuant to rules .0104 and .0211 of 15A NCAC 2B .0100; local programs to control nonpoint source and stormwater discharge of pollution are ?P..Ilu . ?LtA:., WWWWO ?N u w _A u a d r? O •? v a 3 o ?a \L.1 x N a A o 0 I .. ,r, 4 required; suitable for all Class C uses. Class C uses include aquatic life propagation and survival, fishing, wildlife, secondary recreation and agriculture. The supplemental classification of NSW denotes Nutrient Sensitive Waters which require limitations on nutrient inputs. The project area is located in a water supply watershed. Within the project vicinity, approximately 0.8 km (0.5) downstream of the project area, the Jordan Lake watershed is listed as a water supply critical area. A critical area is the area adjacent to a water supply intake or reservoir where risk associated with pollution is greater than from the remaining portions of the watershed. The critical area is defined as extending either 0.5 mile from the normal pool elevation of the reservoir in which the intake is located or to the ridge line of the watershed (whichever comes first); or 0.5 mile upstream from and draining to the intake. Neither High Quality Waters (HQW), Water Supplies (WS-I: undeveloped watersheds or WS-II: predominately undeveloped watersheds) nor Outstanding Resource Waters (ORW) occur within 1.6 km (1.0 mile) of project study area. 2.2.3 Water Quality The Benthic Macroinvertebrate Ambient Network (BMAN) is managed by DWQ and is part of an ongoing ambient water quality monitoring program which addresses long term trends in water quality. The program assesses water quality by sampling for selected benthic macroinvertebrate organisms at fixed monitoring sites. Some macroinvertebrates are sensitive to very subtle changes in water quality; thus, the species richness and overall biomass of these organisms are reflections of water quality. A BMAN station on New Hope Creek is located at Bridge No. 111 on SR 1107. This station was sampled once in October 1985 and received a rating of Poor. The Ambient Monitoring System (AMS) is a network of stream, lake and estuarine water quality monitoring stations strategically located for the collection of physical and chemical water quality data. The type of water quality data or parameters, that are collected is determined by the waterbody's freshwater or saltwater classification and corresponding water quality standards (DWQ, 1995). Class C waters are sampled at a minimum frequency of once per month. Bridge No. 111 over New Hope Creek is designated as a location for a AMS station. A water level/quality monitoring structure is attached to the bridge. The structure consists of a stainless steel box (located approximately 1.2 m above the deck) connected to a section of corrugated galvanized pipe which extends to the creek bottom. The DWQ reports that high conductivity readings and elevated concentrations of nitrate/nitrite-nitrogen have been noted at this location (DWQ, 1995). Point source dischargers located throughout North Carolina are permitted through the National Pollutant Discharge Elimination System (NPDES) Program. Any discharger is required to register for a permit. One major discharger is located on New Hope Creek, 5 the Durham (Farringtion Road) Wastewater Treatment Plant (WWTP). The WWTP outfall is located approximately 1.6 km (1.0 mi) upstream of Bridge No. 111. The WWTP is permitted to discharge 10.0 million gallons per day into New Hope Creek. The DWQ (1995) reports that the WWTP contributes an instream waste concentration of 99.5 percent to New Hope Creek under 7Q 10 low flow conditions (minimum average flow for a period of seven consecutive days that has an average recurrence of once in ten years). 2.2.4 Summary of Anticipated Impacts Replacing an existing structure in the same location with a road closure during construction is almost always preferred. It poses the least risk to aquatic organisms and other natural resources. Bridge replacement on a new location usually results in more severe impacts. Utilizing the full ROW width of 30.5 m (100.0 ft), anticipated impacts to New Hope Creek will be 30.5 m (100.0 ft). Usually, project construction does not require the entire right of way, therefore, actual impacts may be considerably less. Project construction may result in the following impacts to surface waters: 1. Increased sedimentation and siltation from construction and/or erosion. 2. Changes in light incidence and water clarity due to increased sedimentation and vegetation removal. 3. Alteration of water levels and flows due to interruptions and/additions to surface and ground water flow from construction. 4. Changes in water temperature due to streamside vegetation removal. 5. Increased nutrient loading during construction via runoff from exposed areas. 6. Increased concentration of toxic compounds from highway runoff, construction and toxic spills. Precautions should be taken to minimize impacts to water resources in the study area, NCDOT's Best Management Practices (BMP) for the Protection of Water Supply Watersheds should be strictly enforced during the construction stage of the project. Guidelines for these BMPs include, but are not limited to: minimizing built upon area and diversion of stormwater away from surface water supply waters as much as possible. Provisions to preclude contamination by toxic substances during the construction interval should also be strictly enforced. 6 3.0 BIOTIC RESOURCES Biotic resources include aquatic and terrestrial ecosystems. This section describes those ecosystems encountered in the study area, as well as, the relationships between fauna and flora within these ecosystems. Composition and distribution of biotic communities throughout the project area are reflective of topography, hydrologic influences and past and present land uses in the study area. Descriptions of the terrestrial systems are presented in the context of plant community classifications and follow descriptions presented by Schafale and Weakley (1990) where possible. Dominant flora and fauna observed, or likely to occur, in each community are described and discussed. Scientific nomenclature and common names (when applicable) are provided for each animal and plant species described. Plant taxonomy generally follows Radford, et' al. (1968). Animal taxonomy follows Martof, et al. (1980), Menhenick (1991), Potter, et al. (1980), and Webster, et al. (1985). Subsequent references to the same organism will include the common name only. Fauna observed during the site visit are denoted with an asterisk (*). Published range distributions and habitat analysis are used in estimating fauna expected to be present within the project area. 3.1 Terrestrial Communities Two distinct terrestrial communities (Figure 2) are identified in the project study area: Piedmont/low mountain alluvial forest, and maintained/disturbed. Community boundaries within the study area are well defined without a significant transition zone between them. Faunal species likely to occur within the study area will exploit both communities for shelter and foraging opportunities or as movement corridors. 3.1.1 Piedmont/Low Mountain Alluvial Forest The alluvial forest is present along the New Hope Creek corridor and it is very extensive south of SR 1107. The transition from alluvial forest to maintained/disturbed community is abrupt due to road shoulder maintenance activities. The hydrology of the alluvial forest is driven by intermittent flooding during high flow periods. Periodic flooding provides nutrient input through sediment deposition making this system very productive. However, periodic flooding can also be a destructive factor during large storm events by undercutting banks and eroding soils. The canopy is composed of river birch (Betula nigra), American elm (Ulmus americana), tulip poplar (Liriodendron tulipifera), sycamore (Platanus occidentalis), green ash (Fraxinus pennsylvanica), bitternut hickory (Carya cordiformis), overcup oak (Quercus lyrata), willow oak (Q. phellos), boxelder (Acer negundo) and red maple (A. rubrum). The shrub layer consists saplings of the canopy trees, flowering dogwood (Cornus florida), spicebush (Lindera benaoin), Chinese privet (Ligustrum sinense), and ironwoood (Carpinus caroliniana). Herbs within the alluvial forest include; Japanese grass (Microstegium vimineum), Christmas fern (Polystichum acrostichoides), Jack-in- 7 the-pulpit (Asimina triloba), and lizard's tail (Saururus cernuus). Japanese honeysuckle (Lonicera japonica), Virginia creeper (Parthenocissus quinquefolia), and greenbrier (Smilax rotundifolia) comprise the vine layer of this community. Wildlife associated with the alluvial forest include: two-lined salamander (Eurycea bislineata), spring peeper (Hyla crucifer), gray squirrel* (Sciurus carolinensis) and raccoon* (Procyon lotor). White-tailed deer* (Odocoileus virginianus), will use this forest community for cover and will forage on twigs and leaves as well as mast. Avian species utilizing the alluvial forest include: the belted kingfisher* (Megaceryle alcyon), prothonotary warbler* (Protonotaria citrea), northern parula* (Parula americana), tufted titmouse* (Parus bicolor), red-eyed vireo* (Vireo olivaceus), and blue-gray gnatcatcher* (Polioptila caerulea). The barred owl (Strix varia) is a permanent resident in this community type. Portions of the alluvial forest south of SR 1107 are designated as a NC Wildlife Gamelands Wild Turkey Restoration Area. Turkey restoration areas are provided through cooperative efforts of public and private landowners and the WRC. Turkeys are stocked in these areas in an effort to re-establish the species. The area is closed to all turkey hunting until it has been determined that the population is self sustaining. The proposed project will have no affect on the Wild Turkey Restoration Area. 3.1.2 Maintained/Disturbed Community The maintained/disturbed community is restricted to road shoulders along SR 1107 and are present along the entire length of the project. Flora within this periodically maintained community includes: fescue (Festuca spp.), panic grass (Panicum spp.), buckhorn plantain (Plantago lanceolata), goldenrod (Solidago spp.), sicklepod (Cassia obtusifolia), curly dock (Rumex crispus), poison ivy (Toxicodendron radicans), yellow woodsorrel (Oxalis stricta), and buttercup (Ranunculus bulbosus). The width of the road shoulder varies between 4.6 and 6.0 m (15.0 and 20.0 ft). • The maintained habitat within the project area is surrounded by extensive forested areas and represents only a minor constituent of a larger community structure within the project vicinity. Therefore, faunal species frequenting the maintained community will be largely those species inhabiting the alluvial forest. 3.2 Aquatic Communities One aquatic community, New Hope Creek, will be impacted by the proposed project. Physical characteristics of the water body and condition of the water resource influence faunal composition of aquatic communities. Terrestrial communities adjacent to a water resource also greatly influence aquatic communities. No submersed or emergent aquatic vegetation was observed within this section of New Hope Creek. Fauna associated with the aquatic community include various invertebrate and vertebrate species. Prey fish including shiners (Notropis spp.), chubs (Semotilus spp.), provide foraging opportunities for pumpkinseed sunfish (Lepomis gibbosus) and bluegill (L. macrochirus). Yellow bullhead catfish (Ameiurus natalis) and largemouth bass (Micropterus salmoides) provide a sport fishery in this reach of New Hope Creek. Invertebrates that would be present include: crayfish (family Cambaridae) and nymphal stages of; dragonflies and damselflies (Order Odonata). The bullfrog (Rana catesbeiana), pickerel frog (R. palustris), snapping turtle (Chelydra serpentina) northern water snake (Nerodia sipedon) are common permanent residents in this community. 3.3 Summary of Anticipated Impacts Construction of the subject project will have various impacts on the biotic resources described. Any construction related activities in or near these resources have the potential to impact biological functions. This section quantifies and qualifies impacts to the natural resources in terms of area impacted and ecosystems affected. Temporary and permanent impacts are considered here as well. Calculated impacts to terrestrial resources reflect the relative abundance of each community present within the study area. Project construction will result in clearing and degradation of portions of these communities. Table 1 summarizes potential quantitative losses to these biotic communities, resulting from project construction. Estimated impacts are derived using the entire proposed right of way width of 30.5 m (100.0 ft). Usually, project construction does not require the entire right of way, therefore, actual impacts may be considerably less. Table 1. Anticipated Impacts to Biotic Communities Community Impacts Alluvial Forest 0.35 (0.87) Maintained 0.20 (0.50) Total 0.55 0.371 Note: Values cited are in hectares (acres). Plant communities found within the proposed project area serve as nesting and sheltering habitat for various wildlife. Replacing Bridge No. 111 and its associated improvements will reduce habitat for faunal species, thereby diminishing faunal numbers. However, due to the size and scope of this project, it is anticipated that impacts to fauna will be minimal. Areas modified by construction (but not paved) will become road shoulders and early successional habitat. Reduced habitat will displace some wildlife further from the roadway while attracting other wildlife by the creation of more early successional habitat. Animals temporarily displaced by construction activities will repopulate areas suitable for the species. 9 Aquatic communities are sensitive to even small changes in their environment. Stream channelization, scouring, siltation, sedimentation and erosion from construction- related work will effect water quality and biological constituents. Although direct impacts may be temporary, environmental impacts from these construction processes may result in long term or irreversible effects. Impacts often associated with in-stream construction include increased channelization and scouring of the streambed. In-stream construction alters the stream substrate and may remove streamside vegetation at the site. Disturbances to the substrate will produce siltation, which clogs the gills and/or feeding mechanisms of benthic organisms (sessile filter-feeders and deposit-feeders), fish and amphibian species. Benthic organisms can also be covered by excessive amounts of sediment. These organisms are slow to recover or repopulate a stream The removal of streamside vegetation and placement of fill material at the construction site alters the terrain. Alterations of the streambank enhances the likelihood of erosion and sedimentation. Revegetation stabilizes and holds the soil thus mitigating these processes. Erosion and sedimentation carry soils, toxic compounds and other materials into aquatic communities at the construction site. These processes magnify turbidity and can cause the formation of sandbars at the site and downstream, thereby altering water flow and the growth of vegetation. Streamside alterations also lead to more direct sunlight penetration and to elevations of water temperatures which may impact many species. 4.0 JURISDICTIONAL TOPICS This section provides descriptions, inventories and impact analysis pertinent to two important issues--Waters of the United States and rare and protected species. 4.1 Waters of the United States Surface waters and wetlands fall under the broad category of "Waters of the United States," as defined in Section 33 of the Code of Federal Register (CRF) Part 328.3. Wetlands, defined in 33 CFR 328.3, are those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and under normal circumstances do support, a prevalence of vegetation typically adapted to life in saturated conditions. Any action that proposes to place fill into these areas falls under the jurisdiction of the U.S. Army Corps of Engineers (COE) under Section 404 of the Clean Water Act (33 U.S.C. 1344). 4.1.1 Characteristics of Wetlands and Surface Waters Potential wetland communities were investigated pursuant to the 1987 "Corps of Engineers Wetland Delineation Manual". The three parameter approach is used where 10 hydric soils, hydrophytic vegetation and prescribed hydrologic characteristics must all be present for an area to be considered a wetland. Wetlands are present within the project area, and are associated with the alluvial forest (Figure 2). The wetlands can be described as palustrine forested broad-leaved deciduous seasonally flooded (PFO 1 C, Cowardin, et al), or piedmont/low mountain alluvial forest (Schafale and Weakley, 1990). Soils within the wetland areas have a silty texture and a Munsell color notation of I OYR 511. Hydrological indicators include saturated soil, the presence of oxidized rhizospheres and drift lines. Vegetation within the wetlands include overcup oak, green ash, red maple, boxelder, tulip poplar, lizard's tail, and Jack-in-the-pulpit. New Hope Creek is a jurisdictional surface water under Section 404 of the Clean Water Act (33 U.S.C. 1344). Discussion of the biological, physical and water quality aspects of New Hope Creek are presented in previous sections of this report. 4.1.2 Summary of Anticipated Impacts Anticipated impacts to wetland areas are determined by using the entire project ROW width of 30.5 m (100.0 ft). Impacts to wetlands have been determined to be 0.11 ha (0.27 ac). Impacts to New Hope Creek have been determined to be 30.5 m (100.0 ft) Usually, project construction does not require the entire ROW, therefore, actual wetlands and surface water impacts may be considerably less. 4.1.3 Permits Impacts to jurisdictional surface waters are anticipated. In accordance with provisions of section 404 of the Clean Water Act (33 U.S.C. 1344), a permit will be required from the COE for the discharge of dredged or fill material into "Waters of the United States." A Section 404 Nationwide Permit 33 CFR 330.5(a) (23) is likely to be applicable for all impacts to Waters of the United States from the proposed project. This permit authorizes activities undertaken, assisted, authorized, regulated, funded or financed in whole, or part, by another Federal agency or department where that agency or department has determined that pursuant to the council on environmental quality regulation for implementing the procedural provisions of the National Environmental Policy Act; (1) that the activity, work, or discharge is categorically excluded from environmental documentation because it is included within a category of actions which neither individually nor cumulatively have a significant effect on the human environment, and; II (2) that the office of the Chief of Engineers has been furnished notice of the agency' or department's application for the categorical exclusion and concurs with that determination. A North Carolina Division of Water Quality (DWQ) Section 401 Water Quality General Certification is required prior to the issuance of the section 404 nationwide #23. Section 401 Certification allows surface waters to be temporarily impacted for the duration of the construction or other land manipulations. 4.1.4 Mitigation The COE has adopted, through the Council on Environmental Quality (CEQ), a wetland mitigation policy which embraces the concept of "no net loss of wetlands" and- sequencing. The purpose of this policy is to restore and maintain the chemical, biological and physical integrity of Waters of the United States, specifically wetlands. Mitigation of wetland impacts has been defined by the CEQ to include: avoiding impacts (to wetlands), minimizing impacts, rectifying impacts, reducing impacts over time and compensating for impacts (40 CFR 1508.20). Each of these three aspects (avoidance, minimization and compensatory mitigation) must be considered sequentially. 4.1.4.1 Avoidance Avoidance mitigation examines all appropriate and practicable possibilities of averting impacts to Waters of the United States. According to a 1990 Memorandum of Agreement (MOA) between the Environmental Protection Agency (EPA) and the COE, in determining "appropriate and practicable" measures to offset unavoidable impacts, such measures should be appropriate to the scope and degree of those impacts and practicable in terms of cost, existing technology and logistics in light of overall project purposes. Wetland impacts can be avoided by confining construction activities within the boundaries of the existing road shoulder (maintained/disturbed community). 4.1.4.2 Minimization Minimization includes the examination of appropriate and practicable steps to reduce the adverse impacts to Waters of the United States. Implementation of these steps will be required through project modifications and permit conditions. Minimization typically focuses on decreasing the footprint of the proposed project through the reduction of median widths, ROW widths, fill slopes and/or road shoulder widths. Other practical mechanisms to minimize impacts to Waters of the United States crossed by the proposed project include: strict enforcement of sedimentation control BMP's for the protection of surface waters during the entire life of the project; reduction of clearing and grubbing activity; reduction/elimination of direct discharge into streams; reduction of runoff velocity; re-establishment of vegetation on exposed areas, judicious pesticide and herbicide usage; minimization of "in-stream" activity; and litter/debris control. I . 1 12 4.1.4.3 Compensatory Mitigation Compensatory mitigation is not normally considered until anticipated impacts to Waters of the United States have been avoided and minimized to the maximum extent possible. It is recognized that "no net loss of wetlands" functions and values may not be achieved in each and every permit action. Appropriate and practicable compensatory mitigation is required for unavoidable adverse impacts which remain after all appropriate and practicable minimization has been required. Compensatory actions often include restoration, creation and enhancement of Waters of the United States. Such actions should be undertaken in areas adjacent to or contiguous to the discharge site. Compensatory mitigation is not usually necessary with a Nationwide permit # 23. 4.2 Rare and Protected Species Some populations of fauna and flora have been in, or are in, the process of decline either due to natural forces or their inability to coexist with human activities. Federal law (under the provisions of the Endangered Species Act of 1973, as amended) requires that any action, likely to adversely affect a species classified as federally-protected, be subject to review by the Fish and Wildlife (FWS). Other species may receive additional protection under separate state laws. 4.2.1 Federally-Protected Species Plants and animals with federal classifications of Endangered (E), Threatened (T), Proposed Endangered (PE) and Proposed Threatened (PT) are protected under provisions of Section 7 and Section 9 of the Endangered Species Act of 1973, as amended. As of 23 August 1996, the FWS lists the following federally-protected species for Durham County (Table 2). A brief description of each species' characteristics and habitat follows. Table 2. Federally-Protected Species for Durham Coun Scientific Name Common Name Status Haliaeetus leucocephalus bald eagle Threatened Echinacea laevigata smooth coneflower Endangered2 Rhus michauxii Michaux's sumac Endangered Threatened species are species that are likely to become endangered within the foreseeable future throughout all or a significant portion of its range. 2 Endangered is defined as a species that is threatened with extinction throughout all or a significant portion of its range. 1 ? 1 13 Haliaeetus leucocephalus (bald eagle) Threatened Family: Accipitridae Date Listed: 11 March 1967 Adult bald eagles can be identified by their large white head and short white tail. The body plumage is dark-brown to chocolate-brown in color. In flight bald eagles can be identified by their flat wing soar. Eagle nests are found in proximity to water (within a half mile) with a clear flight path to the water, in the largest living tree in an area, and having an open view of the surrounding land. Human disturbance can cause an eagle to abandon otherwise suitable habitat. The breeding season for the bald eagle begins in December or January. Fish are the major food source for bald eagles. Other sources include coots, herons, and wounded ducks. Food may be live or carrion. BIOLOGICAL CONCLUSION NO EFFECT Suitable nesting habitat in the form of large trees with a clear flight path to water is not present within the project vicinity. The trees occupying the canopy of the alluvial forest are fairly uniform in height and very dense. Open water (Jordan Lake) that is of sufficient size for foraging opportunities for the bald eagle is approximately 1.6 km (1.0 mi) south of the project area. Additionally, the NC Natural Heritage Program data base of rare species and unique habitats has no record for the presence of the bald eagle within the project vicinity. Therefore, project construction will not affect the bald eagle. Echinacea laevigata (smooth coneflower) Endangered Family: Asteraceae Federally Listed: 09 December 1991 Flowers Present: June - early July Smooth coneflower is a perennial herb that grows from simple or branched rhizomes. This herb has a smooth stem and few leaves. The basal leaves are the largest, and these leaves are smooth to slightly rough, tapered to the base and elliptical to broadly lanceolate. Mid-stem leaves have short or no petioles and are smaller than the basal leaves. Flowers are light pink to purplish in color and solitary. The petal-like rays usually droop. Fruits are gray-brown, oblong-prismatic and four-angled. Habitat for the smooth coneflower is found in areas of meadows, open woodlands, glades, cedar barrens, roadsides, power line rights-of-way, clearcuts, and dry limestone bluffs. Plants usually grow in soil derived from calcareous parent material. North Carolina populations are found in soils derived from Diabase, a circumneutral igneous rock. Optimal sites are in areas with abundant sunlight and little competition from other herbaceous plants. 14 BIOLOGICAL CONCLUSION NO EFFECT The maintained grassed road shoulder offers the only potential habitat for smooth coneflower within the project area. A plant by plant survey, for smooth coneflower within areas of potential habitat, was conducted on 23 August 1996 by NCDOT biologist Bruce O. Ellis. No Echinacea spp. was observed during the survey. Additionally, the NC Natural Heritage Program data base of rare species and unique habitats contains no record for the presence of smooth coneflower within the project vicinity. Therefore, project construction will not affect smooth coneflower. Rhus michauxii (Michaux's sumac) Endangered Family: Anacardiaceae Federally Listed: September 28, 1989 Flowers Present: June Michaux's sumac is a densely pubescent rhizomatous shrub. The bases of the leaves are rounded and their edges are simply or doubly serrate. The flowers of Michaux's sumac are greenish to white in color. Fruits, which develop from August to September on female plants, are a red densely short-pubescent drupe. This plant occurs in rocky or sandy open woods. Michaux's sumac is dependent on some sort of disturbance to maintain the openness of its habitat. It usually grows in association with basic soils and occurs on sand or sandy loams. Michaux's sumac grows only in open habitat where it can get full sunlight. Michaux's sumac does not compete well with other species, such as Japanese honeysuckle, with which it is often associated. BIOLOGICAL CONCLUSION NO EFFECT Potential habitat for Michaux's sumac is present only within the road shoulder portions of the project area. A plant by plant survey for Michaux's sumac, within areas of potential habitat was conducted on 23 August 1996 by NCDOT biologist Bruce O. Ellis. No Michaux's sumac was observed during the survey. Additionally, the NC Natural Heritage Program data base of rare species and unique habitats contains no record for the presence of Michaux's sumac within the project vicinity. Therefore, project construction will not affect Michaux's sumac. 4.2.2 Federal Species of Concern and State Listed Species There are eight Federal Species of Concern (FSC) listed for Durham County. Federal Species of Concern are not afforded federal protection under the ESA and are not subject to any of its provisions, including Section 7, until they are formally proposed or listed as Threatened or Endangered. Federal Species of Concern are defined as those species which may or may not be listed in the future. These species were formally candidate species, or species under consideration for listing for which there was 15 insufficient information to support a listing of Endangered, Threatened, Proposed Endangered and Proposed Threatened. Organisms which are listed as Endangered (E), Threatened (T), Significantly Rare (SR) or Special Concern (SC) by the North Carolina Natural Heritage Program (NCNHP) list of rare plant and animal species are afforded state protection under the State Endangered Species Act and the North Carolina Plant Protection and Conservation Act of 1979. Table 3 lists Federal Candidate and State listed species, the species state status (if afforded state protection) and the existence of suitable habitat for each species in the study area. This species list is provided for information purposes as the status of these species may be upgraded in the future. Table 3. Federal Species of Concern for Durham Coun Scientific Name Common Name State Status Habitat Fusconaia masoni Atlantic pigtoe (mussel)* T yes Lampsilis cariosa Yellow lampmussel T yes Lasmigona subviridus Green floater E yes Somotogyrus virginicus Panhandle pebblesnail SR no Gomphus septima Septima's clubtail dragonfly SR yes Delphinium exaltatum Tall larkspur E-SC no Juglans cinerea Butternut W-5' no Montropsis odorata Sweet pinesap C no Plagiochila columbiana A liverwort C no No specimen found in Durham County in twenty years. Watch List. Surveys for these species were not conducted during the site visit, nor were any of these species observed. A review of the N.C. Natural Heritage Program data base of rare species and unique habitats revealed no records of North Carolina rare and/or protected species in or near the project study area. 5.0 REFERENCES American Ornithologists' Union. 1983. Check-list of North American Birds (6th ed.). Lawrence, Kansas, Allen Press, Inc. Amoroso, Jame L., and A. S. Weakley, 1995. "Natural Heritage Program List of the Rare Plant Species of North Carolina". North Carolina Natural Heritage Program. Cowardin, Lewis M., et al 1979. Classification of Wetlands and Deepwater Habitats of the United States, U.S. Fish and Wildlife Service, Washington, D.C. Environmental Laboratory. 1987. "Corps of Engineers Wetlands Delineation Manual," Technical report Y-87-1, U.S. Army Engineer Waterways Experiment Station, Vicksburg, Miss. 'A'e, - , • 16 Lee, D.S., J.B. Funderburg, Jr. and M.K. Clark. 1982. A Distributional Survey of North Carolina Mammals. Raleigh, North Carolina Museum of Natural History. LeGrand, Jr., H.E., and S. P. Hall, 1995. "Natural Heritage Program List of the Rare Animal Species of North Carolina". North Carolina Natural Heritage Program. Martof, B.S., W.M. Palmer, J.R. Bailey and J.R. Harrison 111. 1980. Amphibians and Reptiles of the Carolinas and Vir inia. Chapel Hill, The University of North Carolina Press. Menhenick, E.F. 1991. The Freshwater Fishes of North Carolina. N.C. WRC., Raleigh. NCDEHNR-DEM. 1988. Benthic Macroinvertebrate Ambient Network (BMAN) Water Quality Review 1983-1986. NCDEHNR-DEM. 1991. Biological Assessment of Water Quality in North Carolina Streams: Benthic Macroinvertebrate Data Base and Long Term Changes in Water Quality, 1983- 1990. NCDEHNR-DEM. 1993. "Classifications and Water Quality Standards for North Carolina River Basins." Raleigh, Department of Environment, Health and Natural Resources. NCDEHNR-DEM. 1995. "Cape Fear River Basinwide Water Quality Management Plan". Raleigh. Potter, E.F., J.F. Parnell and R.P. Teulings. 1980. Birds of the Carolinas. Chapel Hill, The University of North Carolina Press. Radford, A.E., H.E. Ahles and G.R. Bell. 1968. Manual of the Vascular Flora of the Carolinas. Chapel Hill, The University of North Carolina Press. Schafale, M.P. and A.S. Weakley. 1990. Classification of The Natural Communities of North Carolina. Third Approximation. North Carolina Natural Heritage Program, Division of Parks and Recreation, NCDEHNR. U.S. Department of Agriculture, 1976, Soil Survey of Durham Coun , Soil Conservation Service. North Carolina Agriculture Experiment Station. U.S. Fish and Wildlife Service. 1979. Classifications of Wetlands and Deepwater Habitats of the United States., U.S. Government Printing Office, Washington D.C. Webster, W.D., J.F. Parnell and W.C. Biggs. 1985. Mammals of the Carolinas, Virginia and Maryland. Chapel Hill, The University of North Carolina Press. a.' STATE OF NORTH CAROLINA JAMES B. HUNT JR. GOVP.RNOR DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS P.O. BOX 25201, RALEIGH. N.C. 27611-5201 July 31, 1997 GARLAND B. GARRETT JR. SECRETARY RECEIWE US Army Corps of Engineers Raleigh Field Office 6508 Falls of the Neuse Road, Suite 120 Raleigh, North Carolina 27615 ATTENTION: Mr. Michael D. Smith, P.W.S. Chief, North Section Dear Sir: SbG G , 1997, ENVIRONMENTAL SCIENCES . Subject: Rockingham County, Replacement of Bridge No. 94 over Hogans Creek on SR 2572 (Tate Road), Federal Aid Project No. BRZ-2572(1), State Project No. 8.251040 1, T.I.P. No. B-2864. Please find enclosed three copies of the project planning report for the above referenced project. Bridge No. 94 will be replaced at its existing location. The new structure will be a 3 barrel reinforced concrete box culvert 4.0 meters (13 feet) by 3.7 meters (12 feet). Traffic will be detoured on existing secondary roads during construction. No jurisdictional wetlands will be impacted by the project. The project is being processed by the Federal Highway Administration as a "Categorical Exclusion" in accordance with 23 CFR 771.115(b). Therefore, we do not anticipate requesting an individual permit, but propose to proceed under a Nationwide Permit in accordance with 33 CFR Appendix A (B-23). The provisions of Section 330.4 and Appendix A (C) of these regulations will be followed in the construction of the project. We anticipate a 401 General Certification will apply to this project, and are providing one copy of the CE document to the North Carolina Department of Environment, Health and Natural Resources, Division of Water Quality, for their review. Not .? 2 If you have any questions or need additional information please call Ms. Alice N. Gordon at 733-7844 Ext. 307. Sincerely, H. Franklin Vick, P.E., Manager Planning and Environmental Branch HFV/plr cc: w/attachment Mr. Ken Jolly, Corps of Engineers, Raleigh Field Office Mr. John Dorney, NCDEHNR, Division of Water Quality Mr. Kelly Barger, P.E., Program Development Branch Mr. R. L. Hill, P.E., Highway Design Branch Mr. A. L. Hankins, P.E., Hydraulics Unit Mr. William J. Rogers, P.E., Structure Design Unit Mr. Tom Shearin, P.E., Roadway Design Unit Mr. J. W. Watkins, P.E., Division 7 Engineer Ms. Michele L. James, P & E Project Planning Engineer It Date: 1!93 Revised: 1,94 CATEGORICAL EXCLUSION ACTION CLASSIFICATION FORM A. B C TIP Project No. B-2864 State Project No. 8.2510401 Federal-Aid Project No. BR7.-2572(] ) Project Description: The purpose of this project is to replace Bridge No. 94 at the existing location on Tate Road (SR 2572) over Hogans Creek in Rockingham County. The new structure will be a 3 (") 4.0 m x 3.7 m (13 ft. X 12 ft.) reinforced concrete box culvert. The structure will be replaced at approximately the same elevation as the existing. The length of the culvert will be adequate to accommodate two 3.3-meter (11-foot) lanes with 1.2-meter (4-foot) turf shoulders. The approaches will include two 3.3-meter (11-foot) lanes and 1.2-meter (4-foot) turf shoulders. Traffic will be detoured along secondary roads during construction. Purpose and Need: Bridge No. 94 has a sufficiency rating of 18.2 out of 100. The bridge is posted for 9 tons for single vehicles and 17 tons for truck tractor semi-trailers. which is well below standards. For these reasons, Bridge No. 94 needs to be replaced. Proposed Improvements: Circle one or more of the following improvements which apply to the project: Type II Improvements 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 driveways pipes h. Performing minor bridge widening ( less than one through lane) Date: 1,193 Revised: 1/94 ff 2. Highway safety or traffic operations improvement projects including the installation of ramp metering control devices and lighting. 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 Bridge rehabilitation, reconstruction, or replacement or the construction of grade separation 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 U 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 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 \T-PA process has been completed. D. Special Project Information Environmental Commitments: All standard procedures and measures will be implemented to avoid or minimize environmental impacts. All practical Best Management Practices (BMP's) will be included and properly maintained during project construction. Permits: in accordance with the provisions of Section 404 of the Clean Water Act (33 U.S.C. 1344), a permit will be required from the Corps of Engineers for the discharge of dredged or fill material into "Waters of the United States." A Corps of Engineers Nationwide Permit # 23 will likely be applicable. Prior to issuance of the Army Corps of Engineers Nationwide Permit #23, a North Carolina Division of Environmental Management (DEM) Section 401 Water Quality General Certification must be obtained. Estimated Costs: CURREN'T' TIP * Construction $ 3 50, 000 S 350,000 Right of Way S 211000 S 21,000 Prior Cost S -0- ------------- S 100,000 ----------- TOTAL S 371,000 S 471,000 Date: 1/93 Revised: 11/94 *Cost includes 15% for engineering and contingencies Estimated Traffic: Current Year: 1996 - 400 VPD DUAL - 1°10 Design Year: 2020 - 700 VPD TTST - 1% Design Speed: 100 km/h Functional Classification: Local Route Division Mee Comments: The Division Office concurs with the proposed project. School Buses: DHV - 100,6 DIR - 60% Three school buses cross Bridge No. 94 twice a day. The Transportation Director for Rockingham County prefers the road be closed in the summer months during construction. Architectural / Historic Resources: The State Historic Preservation Office (SHPO) recommended no architectural survey for this project. The SHPO recommended an archaeological investigation be conducted in connection with this project. Archaeological site 31RK103 is located in the northwest quadrant of the intersection of Hogans Creek and Tate Road (SR 2572). An informal consultation was held on December 18, 1995 between an NCDOT staff archaeologist and Delores Hall of the Office of State Archaeology. At the consultation, it was determined an archaeological survey for this project is not recommended. The proposed project will have little likelihood of affecting any archaeological properties eligible for listing on the National Register of Historic Places. Utilities: According to the Area Locating Engineer, Duke Power has a single phase electrical service along the south side of SR 2572. Southern Bell Telephone has an underground cable along the south side of SR 2572. The cable is aerial over Hogans Creek. 4 It Date: V93 Revised: 1!94 Detour Route: The studied detour route includes SR 2574, SR 2582, NC 150 (Rockingham and Caswell County), SR 1155 (Caswell County) and SR 1.152 ( Caswell County). E. Threshold Criteria If any Type 11 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 )TES NO (1) Will the project have a substantial impact on any unique on any unique or important natural resource? I x (2) Does the project involve any habitat where federally listed endangered or threatened species may occur? (3) Will the project affect anadromous fish? u (4) If the project involves wetlands, is the amount of -- permanent and/or temporary wetland taking less than x u one-third (1/3) acre and have all practicable measures wetland to avoid and minimize takings been evaluated? (5) Will the project require use of U. S. Forest Service lands? x (6) Will the quality of adjacent water resources be adversely impacted by proposed construction activities? ?j X (7) Does the project involve waters classified as Outstanding Water Resources (OWR) and/or High Quality Waters x (HQW)? - (8) Will the project require fill in waters of the United States in any of the designated mountain trout counties? Y (9) Does the project involve any known underground storage tanks (UST's) or hazardous materials sites? ? 1 5 Date: 1/93 Revised: 1/94 PERMITS AND COORDINATION YES NO (10) If the project is located within a CAMA county, will the project significantly affect the coastal zone and/or any X "Area of Environmental Concern" (AEC)? (11) Does the project involve Coastal Barrier Resources Act resources? X (12) Will a U. S. Coast Guard permit be required? --? X (13) Will the project result in the modification of any existing regulatory floodway? I X (14) Will the project require any stream relocations or channel changes? F11 X SOCIAL AND ECONOMIC 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 n business? X (17) If the project involves the acquisition of right of way, is the ? amount of right of way acquisition considered minor? X (18) Will the project involve any changes in access control? 1 - X (19) Will the project substantially alter the usefulness and/ or land use of any adjacent property? X (20) Will the project have an adverse effect on permanent local traffic patterns or community cohesiveness? U X (21) Is the project included in an approved thoroughfare plan r-- and/ or Transportation Improvement Program (and is, X therefore, in conformance with the Clean Air Act of 1990)9 6 Date: 1!93 Revised: 1194 (22) Is the project anticipated to cause an increase in traffic volumes? 1 -- (23) Will traffic be maintained during construction using existing roads, staged construction, or on-site detours? X (24) Is there substantial controversy on social, economic, or - environmental grounds concerning the project? 1 (25) Is the project consistent with all Federal, State, and local laws relating to the environmental aspects of the action? X CULTURAL RESOURCES YES NO (26) Will the project have an "effect" on properties eligible for - or listed on the National Register of Historic Places? j X (27) Will the project require the use of Section 4(f) resources i (public parks, recreation lands, wildlife and waterfowl Z 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 as a component of or proposed for Z inclusion in the natural Wild and Scenic Rivers? F. Additional Documentation Required for Unfavorable Responses in Part E Response to question no. 2: As of April 1, 1996, the USFWS lists the smooth coneflower (Echinacea laevigata) as the only federally-protected species for Rockingham County. Habitat for the smooth coneflower does exist in the project area. A plant-by-plant survey for smooth coneflower was conducted on June 25, 1996, by two NCDOT biologists. No populations of smooth coneflower were identified in the project area. Impacts to this species are not expected from project construction. A search of the North Carolina Heritage Program database revealed no known populations of smooth coneflower within 1.6 km(1.0 mi) of the project area. 7 Date: 1/93 Revised: 1,194 G. CE Approval TIP Project No. B-2864 State Project No. 8.2510401 Federal-Aid Project No. BRZ-2572(1) Project Description : The purpose of this project is to replace Bridge No. 94 at the existing location on Tate Road (SR 2572) over Hogans Creek in Rockingham County. The new structure will be a 3 (a? 4.0 m x 3.7 m (13 ft. X 12 ft.) reinforced concrete box culvert and will be replaced at approximately the same elevation as the existing. The length of the culvert will be adequate to accommodate two 3.3-meter (11-foot) lanes with 1.2-meter (4-foot) turf shoulders. The approaches will include two 3.3-meter (11-foot) lanes with 1.2-meter (4-foot) turf shoulders. Traffic will be detoured along secondary roads during construction. Categorical Exclusion Action Classification: (Check one) TYPE II (A) X TYPE II (B) Approved: D to Assistant Manager Planning & Environmental Branch Q (p Date Project Planning Unit Head 9 30 9 1 ?5? - ate Project Planning En ' eer For Type II (B) projects only: Date r Division Administrator Federal Highway Administration N Sad ler QykJK ' Iim s 2577 )J 2363 1.1 y en .7 \ 17336 7666 .1 .0 ? Lowsonville 7 FAI y 7se• ONO a 2696 4t N 236$ ?{ e,l{. ` ;? s 2570 Cosy i !4! * .? .3 2377 -. •9 h 62 73 i i / 2" - $ Comm IIOp .} 2697 pAp 7 / lk ? h Lm ?. / T ? , 7.36 Gtce li I '^; 7 • ? 7Lt1 ? 6A 9 ?133 2622 d 2 7 'a Pleasant ? ?s» 2696 L J G `` I at • = y f , 11 Z7 _ )Sol 239 ` 2se. A • 1 :: ?.? . 23 a 1149 } 33Z 2609 -- 0 ? t? v I •D . e llg \ D III6 ? WY• 7623 \ :doh ? ? r ]3.lL ? i ,i69u 2392 u07 6.. I t u s?1131 ,r r ` Lenox nC \ \?? , Gfw? v +3 2K3 .. 1 , 6 1 STUDIED DETOUR ROUTE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS PLANNING AND ENVIRONMENTAL BRANCH B - 2864 REPLACE BRIDGE NO. 94 OVER HOGANS CREEK ON SR 2572 ROCKINGHAM COUNTY 0 miles 2 FIG. I 10 s,,. RAiF ? North Carolina Department of Cultural Resources James B. Hunt, Jr., Governor Betty Ray McCain, Secretary May 10, 1995 MEMORANDUM TO: H. Franklin Vick, P.E., Manager Planning and Environmental Branch Division of Highways Department oMTrans ort/ation FROM: David Brook Dep uty State Historic Preservation Officer Division of Archives and History William S. Price, Jr., Director cEi IMAY 15 1995 z. DIVISION OF Q? HIGHWAYS SUBJECT: Replace Bridge 94 on SR 2572 over Hogans Creek, Rockingham County., 6=2864, Federal Aid Project No. BRZ-2572(1), State Project 8.2510401, ER 95-8599 We regret staff was unable to attend the scoping meeting for the above project on April 25, 1995. However, Clay Griffith provided an aerial of the project area to us for review. Based upon this aerial, there appears to be one structure that may be over fifty years old on the south side of SR 2572 west of the bridge. If the bridge is s replaced in place with road closure, this structure will be outside of the area of potential effect hnd,;,r 0 pNtc k a1:, scmmended,A If a temporary on- f site detour is selected, the structure might lie within the`'projlect's area of potential effect and should be'evi luated for National Register eligibility. Archaeological site 31 RK1O3 is located in the northwest quadrant of the intersection of Hogans Creek and SR 2572.. This site dates from the Middle 'and. Late Archaic and Woodland periods and has the potential for intact features. We recommend that the proposed project area be surveyed and that 31 RK103 be tested to ; etermine its eligibility, for inclusion in the National Register of Historic PWl 6s: Y . 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 cc: N. Graf B. Church T. Padgett 109 East Jones Street - Raleigh, North Carolina 27601-2807 ?? I s . sun v STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMEs B. HUNT JR. DIVISION OF HIGHWAYS GARLAND B. GARRETT JR. GOVERNOR P.O. BOX 25201. RALEIGH. N.C 27611-5201 SECRETARY 05 October 1995 MRAORANDUM TO: Wayne Elliott. Unit Head Bridge Replacement Unit FROM: Phillip Todd. Environmental Biolo--ist / Environmental Unit SUBJECT: Natural Resources Investigation for proposed replacement of Bridge No. 94 on SR 25-2 over Hogan's Creek. Rockingham County: TIP No. B-2864: State Project No. 3.2510--01: Federal Project No. BRZ-2572(1). ATTENTION: Michele James. Project Manager The following report is submitted to assist in the preparation of a Programmatic Categorical Exclusion (PCE). A completed Ecological Threshold checklist for Type II PCE is also included. This report contains information concerning water resources. biotic resources. Waters of the United States, mitigation, permits and federally-protected species. The proposed project involves replacing the Bridge No. 94 over Hogan's Creek with a box culvert. Two alternatives have been proposed: :alternate 1: Replace the structure on existing location with road closure. The northside approachway would be widened 1.5 m (4.9 ft). Alternate 2: Replace the structure on existing location with an on-site detour located north of the existing bridge. The northside approachway would be widened 1.5 m (4.9 ft). METHODOLOGY Research was conducted prior to field investigations; these information sources include U.S. Geological Survey (USGS) quadrangle map (Williamsburg). and Natural Resources Conservation Service (MRCS) soil maps of Rockingham County. Water resource information was obtained from publications of the Department of Environment. Health and Natural Resources (DEHNR, '_990) and from the Environmental Sensitivity Base Map 0 I of Rockingham County (N.C. Center for Geographic Information and Anaivsis. 1992). Information concerning the occurrence of federal and state protected species in the study area was gathered from the Fish and Wildlife Service (FWS) list of protected and candidate species and the N.C. Natural Heritage Program (NHP) database of rare species and unique habitats. . General field surveys were conducted along the proposed alignment by NCDOT biologists Phillip Todd and Bruce Ellis on 25 September 1995. Plant communities were identified and recorded. Jurisdictional wetland determinations were p--rformed utilizing delineation criteria prescribed in the "Corps of Engineers Wetland Delineation Manual" (Environmental Laboratory, 1987). _ WATER RESOURCES Hogan's Creek, the water resource transversed b;: the project. lies in the Dan River Sub-basin of the Roanoke River Basin. Hogan's Creek flows in a northeasterly direction and originates approximately 3.5 km (5.3 mi) southwest of the study area. Hogan's Creek has a width of 2.4 in (S.0 ft) and a depth of 15.2 cm (6.0 in). This creek has a sand/pebble substrate and a moderate current flow. A ditch parallels the southeast side of the roadway and empties into Hogan's Creek at the project site. This ditch has a width of 1 m (3 ft. and a depth of 5.1 cm (2.0 in) with sand/pebble substrate and moderate flow rate. The Division of Environmental )Management (DE`1) assigns streams a best usage classification. Unnamed tributaries are attributed the classification of streams to which they are a tributary. The DEM has designated Hogan's Creek as "C" and the ditch has this classification as well. This designation denotes Class C waters as suitable for aquatic life propagation and survival, fishing, wildlife, secondary recreation and agriculture. From a natural resources perspective, it is preferred that Alternate 1 be constructed. Construction of this alternate has less impacts to Hogan's Creek when compared to impacts caused by Alternate 2. Best Management Practices (BMP's) and sedimentation guidelines should be administered. It is also recommended that the streamside embankment be vegetated immediately after construction. These measures will help in reducing the wash of sediment and toxic compounds into water resources. BIOTIC RESOURCES Biotic resources include aquatic and terrestrial ecosystems. This section briefly describes those ecosystems encountered in the stud,,- area. Descriptions of the terrestrial systems are presented in the context of plant community classifications. Dominant flora and fauna likely to occur in each community are described and discussed. TERRESTRIAL COMMUNITIES Two distinct terrestrial communities have been identified in the project study area: disturbed community and alluvial hardwood forest. :Many faunal species are highly .--adaptive and may populate the entire range of terrestrial --communities discussed. DIISTURBED COMMUNITY Disturbed communities exist in areas which have a regular or an irregular disruption of successional processes. Two types of this community occur in the subject project area: roadside shoulder and agricultural field. Vegetation found in the roadside shoulder area includes fescue (Festuca sp.). crab grass (Digitaria sp.), goosegrass (Eleusine indica) and?foxtail (Setaria sp.). The agricultural field lies in the northwest quadrant of the project study area and had recently been planted at site visit. Fauna frequently encountered in this habitat are woodchuck (Marmota monax), eastern cottontail (Svlvilaus floridanus), mockingbird (Mimus polvalottos), mourning dove (Zenaida macroura), common crow (Corvus brachyrhynchos) and black racer (Colub'er constrictor). The Virginia opossum (Didelphis virginiana) frequents this community in search of insects, earthworms, carrion or vegetable matter on which to forage. ALLUVIAL HARDWOOD FOREST An alluvial hardwood forest lies along Hogan's Creek and will be impacted by Alternate 2. It appears that this area had once been farmland as ditches and small rows remain throughout the forest which now has a canopy of box elder (Acer neaundo), sycamore (Planatus occidentalis) and black walnut (Juglans nigra). The county soils map shows that hydric soils occur here although no hydric soil indicators were found. Spicebush (Lindera binzoin) dominated the subcanopy. Poison ivy (Toxicodendron radicans). Japanese honeysuckle (Lonicera Japonica) and microstegium (Microstegium vimineum) are in the herb/vine layer. Animals likely to live in this habitat include raccoon (Procyon lotor), white-tailed deer (Odocoileus virainianus), Carolina chickadee (Parus carolinensis) and tufted titmouse (Parus bicolor). Reptiles and amphibians that may occur in this community include eastern box turtle (Terrapene carolina), Fowler's toad (Bufo woodhousei), slimy salamander (Plethodon el;ltinosus) and worm snake (Carphophis amoenus). I I 4 AQUATIC COMMUNITY Hogan's Creek is a Piedmont perennial stream. Fish species likely to occur here include swallowtail shiner (Notronis Procne), cresent shiner (j. cerasinus), white sucker (Catostomus commersoni), redbreasted sunfish (Lepomis auri.tus) and yellow perch (Per.ca flavescens). From a natural resources perspective, it is preferred that Alternate 1 be used for the proposed replacement of -ridge No. 94 with a box culvert. Alternate 2 will impact the alluvial hardwood forest, altering the forest and pushing wildlife further away from the roadway. Again, BMP's and= sedimentation guidelines should be administered to reduce further impacts to Hogan's Creek. WATERS OF THE UNITED STATES Surface waters and wetlands fall under the broad category of "Waters of the United States." Criteria to delineate jurisdictional wetlands include evidence of hydric soils. hydrophytic vegetation and hydrology. No juriidictional wetlands occur in the study area although surface waters will be impacted by the subject project. PERMITS Impacts to surface waters will occur from the proposed project. A perrnit will be required from the COE for the discharge of dredged or fill material into "Waters of the United States." - A Nationwide Permit 33 CFR 330.5(a) (23) is likely to be applicable for all impacts to Waters of the United States resulting from the proposed project. This permit is designated for projects classified as Categorical Exclusions. In addition, this project will also require a 401 Water Quality General Certification from the DEM prior to the issuance of a Nationwide Permit. Section 401 of the Clean Water Act requires that the state issue or deny water certification for any federally permitted or licensed activity that may result in a discharge to Waters of the United States. FEDERALLY-PROTECTED SPECIES Plants and animals with federal classifications of Endangered (E), Threatened (T), Proposed Endangered (PE) and Proposed Threatened (PT) are protected under provisions of Section 7 and Section 9 of the Endangered Species Act of 1973, as amended. As of 28 March 1995, the FWS lists only one federally-protected species for Rockingham County, smooth V coneflower (Echinacea laevigata). Smooth coneflower is classified as "Endangered" (a species that is in danger of extinction throughout all or a significant portion of its range). A brief description of smooth coneflower's characteristics and habitat follows. Echinacea laevigata (smooth coneflower) E Smooth coneflower is a perennial herb that grows from simple or branched rhizomes. This herb has a smooth stem and Lew leaves. The basal leaves are the largest, and these le,,aves are smooth to slightly rough. tapered to the base and el-l-Tptical to broadly lanceolate. Mid-stem leaves have short or no petioles and are smaller than the basal leaves. Flowers are present from June to early July, light pink to purplish in color and solitary. The petal-like rays usually droop. Fruits are gray-brown, oblong-prismatic and four- angled. Habitat for the smooth coneflower is found in areas of meadows, open woodlands, glades, cedar barrens, roadsides, power line rights-of-way, clearcuts, and dry limestone bluffs. Plants usually grow in soil derived from calcareous parent material. North Carolina populations are found in soils derived from Diabase, a circumneutral igneous rock. Optimal sites are in areas with abundant sunlight and little competition from other herbaceous plants. BIOLOGICAL CONCLUSION: UNRESOLVED Habitat (roadside shoulders and ecotones of forests) for smooth coneflower exists in the project study area. Plant- by-plant surveys for smooth coneflower will be conducted during the early summer of 1996. c: V. Charles Bruton, Ph.D. Hal Bain, Environmental Supervisor File: B-2864 I Date: 1/93 Revised: 1/94 E. Threshold Criteria If any Type II actions are involved with 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 YES (1), Will the project have a substantial impact on any unique or important natural resource? (2) Does the project involve habitat where federally listed endangered or threatened .species may occur? (3) Will the project affect anadromous fish? (4) If the project involves wetlands, is the amount of permanent and/or temporary wetland taking less than one-third (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 U. S. Forest Service lands? (6) Will the quality of adjacent water resources be adversely impacted by proposed construction activities? NO 0 - ? X x ? ax (7) Does the project involve waters classified as Outstanding Water Resources (OWR) and/or High Quality Waters (HQW)? (3) Will the project.require fill in waters of the United States in any of the designated - ? mountain trout counties? (9) Does the project involve any known underground storage tanks (UST's) or ? hazardous materials sites? d Date: 1/93 Revised: 1/94 PERMITS AN COORDINATION YES NO (10) If the project is located within a CAMA county, will the project significantly a affect the coastal zone and/or any "Area of Environmental Concern" (AEC)? (171) Does the project involve Coastal Barrier ? Y Resources Act resources? (12) Will a U. S. Coast Guard permit be ? y . required? ? U (13) Will the project result in the modification of any existing regulatory floodway? (14) Will the project require any stream I I relocations or channel changes? l_1 SOCIAL AND ECONOMIC (15) Will the project induce substantial impacts to planned growth or land use for the area? (16) Will the project require the relocation of a-ny family or business? (17) If the project involves the acquisition of right of way, is the amount of right of way acquisition considered minor? (13) Will the project involve any changes in access control? (19) Will the project substantially alter the usefulness and/or land use of adjacent property? (20) Will the project have an adverse effect on permanent local traffic patterns or community cohesiveness? S Date: 1/93 Revised: 1/94 F. Additional Documentation Required or Unfavorable Responses in Part F (Discussion regarding all unfavorable responses in Part E should be provided below. Additional supporting documentation may be attached, as necessary.) 1-?4??T4T E. Z. O= 4A C.OF--jAE E2 (E;4t.'-j4C.rct1 l-AEVi(0,4,7 ) 1 " Co.. 7c-?..,T - CS7 - ?U -'r 't• 7