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HomeMy WebLinkAbout19980475 Ver 1_Complete File_19980512State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES June 4, 1998 Bladen County DWQ Project 980475 APPROVAL of 401 Water Quality Certification Mr. David Robinson NC DOT PO Box 25201 Raleigh, NC 27611-5201 Dear Mr. David Robinson: You have our approval, in accordance with the attached conditions and those listed below, to impact 0.01 acres of wetlands or waters for the purpose of replacing bridge # 46 at NC 131, as you described in your application dated May 12. 1998. After reviewing your application, we have decided that this impact 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. 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 except as modified below. If you change your project, you must notify us and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. 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) (6) and (7). 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 conforming to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 276 1 1-7447. This certification and its conditions are final 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 Domey at 919-733-1786. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Wilmington Field Office Fayetteville DWQ Regional Office Mr. John Dorney Central Files i er ly ston ird, Jr. P. l 980475.Itr Division of Water Quality • Non-Discharge Branch 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer • 50% recycled/ 10% post consumer paper STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMEs B. HUNT JR. GOVERNOR RO. BOX 25201. RALEIGI I. N.C. 27611-5201 May 13, 1998 U.S. Army Corps of Engineers 1 Wilmington Regulatory Field Office P.O. Box 1890 Wilmington, North Carolina 28402-1890 E. NoRRIs TOLSON SECRETARY M?\Y ? 2i?98 '; , Attention: Mr. Davc Timpy NCDOT Coordinator Subject: Bladen County, Replacement of Bridge No. 46 over Bryant Mill Pond on NC 131, Federal Aid Project No. BRSTP-131(1), State Project No. 8.1420701. Tl P No. B-3410. Dear Sir: Attached for your information is a copy of the project planning document for the subject project prepared by the North Carolina Department of Transportation (NCDOT). The Categorical Exclusion was signed by the Federal Highway Administration (FFIWA) on October 31, 1996. The project involves replacing Bridge No. 46 over Bryant Mill Pond on NC 131 with a bridge on existing location. The planning document states that traffic will be maintained using a temporary, on-site detour during project construction (labeled "Temporary Detour 2 in Figure 2 of the referenced document). The planning document states that impacts to waters of the United States are necessary to complete the project. Construction of the new bridge will require a total of 0.14 acre of permanent impacts to wetlands. The on-site detour will cause an additional temporary impact o? 0.19 acre. Total impacts based on a wetland determination for the planning document equal 0.33 acre. Since completion of the planning document, the NCDOT has revised the project description. The project no longer involves the use of a temporary, on-site detour to construct the new bridge. "Traffic will be maintained using secondary roads. NCDOT biologists delineated wetlands associated with the replacement of Bridge No. 46 over Bryant Mill Pond on April 22, 1998. This delineation was performed in accordance with the 1987 Grohs ol'Engineers Wetland Delineation 11anual (Environmental Laboratory. 1987). The wetlands found at this location have a Cowardin classification of PFOI C (palustrine, deciduous forested wetland that is seasonally flooded) and a Division of Environmental Management (4th Version) rating of 67. Permanent impacts total 0.01 acre and impacts to wetlands from mechanized clearing total 0.01 acre. The project is being processed by the FHWA as a "Categorical Exclusion" (CE) in accordance with 23 CFR 771.115(b). Therefore, the NCDOT does not anticipate requesting a Section 404 Individual Permit but proposes to proceed under a Section 404 Nationwide Permit 23 in accordance with 33 CFR 330 Appendix A (B-23) issued December 13, 1996, by the Corps of Engineers (COE). The provisions of Section 330.4 and Appendix A (C) of these regulations will be followed in the construction of the project. The NCDOT anticipates that 401 General Water Quality Certification for an approved CE will apply to this project. A copy of the CE has also been provided to the North Carolina Department of Environment and Natural Resources, Division of Water Quality (DWQ), for their review. In summary, the NCDOT requests authorization under a Section 404 Nationwide Permit 23 to replace Bridge No. 46 over Bryant Mill Pond on NC 131 with a bridge on existing location. New bridge construction will impact 0.01 acre of wetlands and an additional 0.01 acre of wetland impacts from mechanized clearing. Authorization under the appropriate 401 Water Quality Certification from the DWQ is also requested. If you have any questions or need any additional information, please contact Mr. Phillip Todd at (919) 733-7844 extension 314. Sincerely, David C. Robinson, Ph.D., P.E., Assistant Manager Planning and Environmental Branch DCR/pct cc: Mr. David Franklin, COE, Wilmington Mr. John Dorney, Division of Water Quality Mr. William Rogers, P.E., Structure Design Mr. Whit Webb, P.E., Program Development Mr. Len Hill, P.E., Highway Design Mr. A. L. Hankins, P.E., Hydraulics Unit Mr. Tom Shearin, P.E., Roadway Design Mr. W. S. Varnedoe, P.E., Division 6 Engineer t e NC 131 Bladen County Bridge No. 46 over Bryant NO Pond Federal-Aid Project No. BRSTP-131(1) State Project No. 8.1420701 T.I.P. No. B-3410 CATEGORICAL EXCLUSION U.S. DEPARTMENT OF TRANSPORTATION FEDERAL HIGHWAY ADMINISTRATION AND N.C. DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS APPROVED: H. Franklin Vick, P.E., Man ger Planning and Environmental Branch / 3 6 DA icholas L. Graf, P.E. I Division Administrator, FHWA W/r ` G' DATE i t 1 1 1 1 1 1 NC 131 Bladen County Bridge No. 46 over Bryant Mill Pond Federal-Aid Project No. BRSTP-131(1) State Project No. 8.1420701 T.I.P. No. B-3410 CATEGORICAL EXCLUSION December, 1996 Documentation Prepared By Ko & Associates, P.C. c Lisa Hilliard, P.E. Project Manager - Ko & Associates C 0 -el "to ? o SEAL 0 I10 "7'401 Net, For North Carolina Department of Transportation L. Grim s, P E., Unit Head Consultant En ' eering Unit Philip S. H s, P.E. Project Planning Engineer NC 131 Bladen County Bridge No. 46 over Bryant Mill Pond Federal-Aid Project No. BRSTP-131(1) State Project No. 8.1420701 T.I.P. No. B-3410 Bridge No.46 is included in the NCDOT 1997-2003 Transportation Improvement Program. The location is shown in Figure 1. No substantial environmental impacts are anticipated. The project is classified as a Federal "Categorical Exclusion". 1. SUMMARY OF ENVIRONMENTAL COMMITMENTS 1. All standard procedures and measures, including NCDOT's Best Management Practices for Protection of Surface Waters, will be implemented, as applicable, to avoid or minimize environmental impacts. 2. The location and installation of any required deck drains will be determined during fmal design stages. 3. The temporary, on-site detour bridge and approaches will be removed to pre-construction contour and revegetated with native tree species at 320 stems per acre. 4. Any plans to modify the Bryant Mill Pond dam as part of this project will be coordinated with the Department of Environment, Health, and Natural Resources (DEHNR) to determine applicability of a dam safety permit. II. SUMMARY OF RECOMMENDATIONS r Bridge No.46 will be replaced in its existing location with a bridge. During construction traffic will be maintained with a temporary, on-site detour located west of the existing bridge. The estimated cost for the proposed improvement is $826,500 . The estimated cost of the project, as shown in the NCDOT 1997-2003 Transportation Improvement Program, is $330,000 including $30,000 for right-of-way and $300,000 for construction. III. EXISTING. CONDITIONS NC 131 is classified as a rural major collector in the Statewide Functional Classification System. The proposed project is located approximately 6.1 kilometers (10 mi) south of the town of Tar Heel in Bladen County (Figure 1). The study corridor is located primarily on the dam forming Bryant Mill Pond in the floodplain of Black Swamp and its tributary, Reedy Meadow Swamp. The southern portion of the study corridor is dominated by residential development and associated horse pastures. North of the study corridor, agricultural land dominates the landscape. Near the bridge, NC 131 has a 7.2 meter (24 ft) pavement width with 1.8 meter (6 ft) shoulders. The roadway approaches slope up toward the bridge. The horizontal alignment consists of a 300 meter radius (6 degree) curve on the bridge and continuing on the south approach for approximately 200 meters (660 ft). The roadway is situated approximately 3.4 meters (11 ft) above the creek bed. The traffic volumes were 3000 vehicles per day (vpd) for 1995 and projected to be 7100 vpd for the design year 2020. The volumes include 4% truck-tractor semi trailer (TTST) and 3% dual-tired (DT) vehicles. The posted speed limit is 88 kilometers per hour (55 mph). The existing bridge was built in 1948 (Figure 3). The superstructure consists of five timber joist spans. Bridge deck construction is a creosote timber floor deck with no wearing surface. The substructure consists of creosote timber pile end bents and interior bents with timber caps. The overall length of Bridge No. 46 is 25.9 meters (85 ft). Clear roadway width is 7.3 meters (24 ft). The posted weight limit is 25,401.6 kilograms (28 tons) for single vehicles and legal gross weight for tractor-trailer trucks. Bridge No.46 has a sufficiency rating of 47.2, compared to a rating of 100 for a new structure. Two accidents were reported in the vicinity of the bridge during the period from April 1, 1992 to March 31, 1995. Telephone lines cross the stream on both sides of the bridge and electric lines cross the stream east of the bridge. Fiber optic lines are located west of the bridge and are assumed to be in the existing right-of-way. There are no utilities attached to the bridge. There are a total of four school bus crossings of the bridge daily. IV. ALTERNATIVES No alternatives were considered for replacement of the bridge on existing location. Utilizing the existing roadway provides the best alignment and the lowest cost. A design exception will be required. A relocated alignment would result in excessive cost and less desirable horizontal alignment. Based on a benefit-cost ratio of 11.6:1, an off-site detour is not feasible (see Section VIII). Temporary, on-site detours were considered east (Temporary Detour 1) and west (Temporary Detour 2) of the existing bridge. Traffic would be maintained with a temporary, on-site detour located west (Temporary Detour 2) of the existing bridge because this detour would avoid any possible involvement with the earthen dam located east of the existing bridge. 2 The No-Build or "do-nothing" alternative was also considered but would eventually necessitate closure of the bridge. This is not desirable due to the traffic service provided by NC 131. Investigation of the existing structure by the Bridge Maintenance Unit indicates that rehabilitation of the old bridge is not feasible due to its age and deteriorated condition. V. ESTIMATED COST ' The estimated costs of the alternative studied, based on current prices, are as follow: 1 . Alternate A with on-site detour (Recommended) Alternate A with off site detour Structure Removal $13,000.00 $13,000.00 Structure $234,500.00 $234,500.00 Roadway Approaches $108,680.00 $108,680.00 Miscellaneous and Mobilization $108,820.00 $108,820.00 Engineering and Contingencies $85,000.00 $85,000.00 Right-of-Way / Const. Easement / Util. $27,000.00 $27,000.00 SUBTOTAL $577,000.00 $577,000.00 Temporary On-Site Detour No. 2 $249,500.00 NA TOTAL $826,500.00 $577,000.00 VI. RECD MENDED IMPROVEME S' Bridge No. 46 will be replaced in its existing location with a new structure approximately 28 meters (92 ft) in length having a clear roadway width of 12.0 meters (40 ft). Improvements to the existing approaches will be necessary on each end of the bridge. Traffic will be maintained with a temporary, on-site detour west of the existing bridge (Temporary Detour 2) during construction. An off-site detour is not reasonable at this location due to its length of 14.3 kilometers (8.9 mi) of indirectional r travel and the volume of traffic using NC 131 (3000 vpd in 1995 and 7100 vpd projected for 2020). The Division Office concurs with the recommended improvements. VII. ANTICIPATED DESIGN EXCEPTION It is anticipated that a design exception for design speed will be required. The recommended alternate provides a design speed of 80 kilometers per hour (45 miles per hour). Due to the proximity of the dam to the east of the existing roadway and residences to the west of the existing roadway an alternate alignment does not appear feasible at this location. VIII. TRAFFIC DETOUR A road user analysis was performed for detouring traffic on existing roads based on 3000 vpd and an average of 14.3 kilometers (8.9 mi) of indirectional travel utilizing NC 41, NC 410 and NC 87 (See Figure 1). The cost of additional travel would be approximately $2,883,600 during the twelve month construction period. The estimated cost of providing an on-site detour is $249,500 resulting in a benefit-cost ratio of 11.6:1. This ratio indicates justification to maintain traffic on-site during the construction period. IX. NATURAL RESOURCES Materials and research data in support of this investigation have been derived from a number of sources including applicable U.S. Geological Survey (USGS) 7.5 minute quadrangle mapping (Tar Heel, NC), National Wetlands Inventory mapping, Natural Resources Conservation Service (formerly Soil Conservation Service) soils mapping (USDA 1990), and 1995 aerial photography (scale 1:1200) furnished by NCDOT. The principal investigator for natural resources was Kevin Markham with Environmental Services, Inc. Mr. Markham received his B.S. and M.S. degrees in Marine Biology from the University of North Carolina, Wilmington. He has eight years of experience in coastal ecosystems evaluations, wildlife surveys, wetland delineations, mitigation planning, and threatened and endangered species issues. The site was visited on April 9, 1996. Communities likely to be impacted by improvements were walked and visually surveyed for important features. Surveys were conducted within a study corridor approximately 91.4 meters (300 ft) in width symmetrical to the existing alignment. However, impact calculations are based on the approximate right-of-way and temporary construction easements. Special concerns evaluated in the field include potential habitat for protected species, wetlands, and water quality protection in Bryant Mill Pond and associated waters of Black Swamp. Plant community descriptions are based on a classification system utilized by the North Carolina Natural Heritage Program (NHP) (Schafale and Weakley 1990). When appropriate, community 4 classifications were modified to better reflect field observations. Vascular plant names follow nomenclature found in Radford et al. (1968). Jurisdictional areas were identified using the three parameter approach (hydrophytic vegetation, hydric soils, wetland hydrology) following U.S. Army Corps of Engineers (COE) delineation guidelines (DOA 1987). Jurisdictional areas are characterized according to a classification scheme established by Cowardin et al. (1979). Habitats used by terrestrial wildlife and aquatic organisms, as well as expected population distributions, were determined through field observations, evaluation of available habitat, and supportive documentation (Martof et al. 1980; Webster et al. 1985; Menhinick 1991; Hamel 1992). Recreational fishing potential was obtained from Fish (1968). Water quality information for area streams and tributaries was derived from available sources (DEM 1989, DEM 1993). Quantitative sampling was not undertaken to support existing data. A USFWS listing of federal protected species with ranges which extend into Bladen County was obtained prior to initiation of the field investigation. In addition, NHP records documenting presence of federal or state listed species were consulted before commencing the field investigation. 1 Phy,siography and Soils The study corridor is located in the Coastal Plain physiographic province. This portion of the Coastal Plain is underlain by the Black Creek Formation, which is Cretaceous in age. The Black Creek Formation is composed of clay, and characterized as gray to black, lignitic, and containing thin beds and laminae of fine-grained micaceous sand and thick lenses of cross-bedded sand, with glauconitic, fossiliferous clayey sand lenses in the upper part (DNRCD 1985). Topography in this portion of Bladen County is characterized as nearly level to gently sloping, with steeper slopes along the Cape Fear River and its tributaries (USDA 1990). Elevations in the study corridor range from approximately 35 meters (115 ft) above sea level along the creek to approximately 37 meters (120 ft) along the roadbed (USGS Tar Heel, NC quadrangle). Soils in the study corridor are dominated by the Dorovan muck series (Typic Medisaprists) in the floodplain and Autryville loamy sand (Arenic Paleudults) in the uplands of the southern portion of the study corridor. Dorovan muck is a hydric series which characteristically consists of very poorly drained, nearly level (0 to 2 percent slopes) soils found in floodplains and is frequently flooded for extended periods (USDA 1990). Autryville loamy sand is a well-drained soil characteristically found on broad, smooth flats of uplands (0-3 percent slopes) (USDA 1990). Extensive fill material has been placed in the floodplain in the northern portion of the study corridor as part of the dam structure impounding Black Swamp and Reedy Meadow Swamp near their historic confluence. WATER RESOURCES The study corridor is located within the Lumber River subbasin (USGS hydrologic unit 03040203) of the Pee Dee River Basin. Bridge No.46 crosses Black Swamp near its historic confluence with I Reedy Meadow Swamp. Black Swamp flows from the Bryant Mill Pond dam in a westward direction for approximately 3.2 kilometers (2.0 mi) before entering Big Swamp. Big Swamp continues downstream in a south southwestward direction for approximately 31.0 kilometers (19.3 mi) before entering the Lumber River. Black Swamp and Reedy Meadow Swamp have been assigned Stream Index Numbers 14-22-7 and 14-22-7-1, respectively, by the N.C. Division of Environmental Management (DEM). A spillway pool and small excavated pond are also present within the study corridor. Be Usage Classifications and Water Quality Classifications are assigned to waters of the State of North Carolina based on the existing or contemplated best usage of various streams or segments of streams in the basin. A best usage classification of C Sw has been assigned to Black Swamp (and Bryant Millpond) from the Cape Fear River boundary to Big Swamp (DEM 1993). A best usage classification of C Sw has also been assigned to Reedy Meadow Swamp from its source to Bryant Mill Pond. The designation C denotes that appropriate uses include aquatic life propagation and survival, fishing, wildlife, secondary recreation, and agriculture. Secondary recreation refers to human body contact with waters on an infrequent or incidental basis. The Sw designation is used for swamp waters characterized by low velocities, low pH, low dissolved oxygen levels, and high organic content. No High Quality Waters (HQW), Outstanding Resource Waters (ORW), WS I, or WS H waters occur within 1.6 kilometers (1 mi) of the project area. Black Swamp is not designated as a North Carolina Natural and Scenic River, nor is it designated as a national Wild and Scenic River. There are no permitted point source dischargers within or upstream from the study corridor (DEM 1989). The Benthic Macroinvertebrate Ambient Network (BMAN) addresses long term trends in water quality at fixed monitoring sites by sampling for selected benthic macroinvertebrates (DEM 1989). The species richness and overall biomass are considered to be reflections of water quality. There are no BMAN sampling stations in the Black Swamp drainage. Black Swamp is a second order stream, with origins on the broad flats forming the Lumber River and Cape Fear River drainage divide in western Bladen County. The creek is approximately 6 meters (20 ft) wide below the spillway pool, and is approximately 0.9 to 1.5 meters (3 to 5 ft) in depth. The bank slopes are variable in height, but are generally less than 0.9 meter (3 ft) in height and are composed of sand and silty material. Little or no rooted aquatic vegetation is apparent in the creek channel, but a large amount of organic debris (i.e., pilings, branches, leaves) was apparent within the stream. Short-term impacts to water quality, such as sedimentation and turbidity, can be anticipated from 6 construction-related activities. The temporary detour will utilize two corrugated steel pipes to maintain flow. Adverse impacts can be minimized by implementing the NCDOT Best Management ' Practices for Protection of Surface Waters (BMPs), as applicable, during construction. No adverse long-term impacts to water resources are expected to result from proposed improvements. The proposed bridge replacement will allow for continuation of present flow rates, thereby protecting stream integrity. BIOTIC RESOURCES Four distinct plant communities were identified within the study corridor. None of the communities are representative of mature natural communities; all exhibit some level of disturbance. Two community types, bottomland forest and wet successional land are located in the floodplain. The other two community types, upland disturbed forest and upland urban/disturbed land, are located on I upland slopes and along the road and dam fill. The plant communities are described below. Bottomland Hardwood Forest This community is dominated by red maple (Acer rubrum), and includes American holly (Ilex opaca) and red bay (Persea palustris). The shrub layer is well-developed and dominated in places by the invasive exotic Chinese privet (Ligustrum sinense). Other prominent shrubs include sweet gallberry (Ilex coriacea) and dog-hobble (Leucothoe axillaris). Cane (Arundinaria gigantea) and laurel-leaf greenbrier (Smilax laurifolia) are found throughout the community. Wet Successional Land This community is represented by a regenerating clear-cut stand of former bottomland hardwood ' forest. This regenerating clear-cut is dominated by scrub-shrub growth of species including red maple, Chinese privet, American holly, and sweet bay (Magnolia virginica) with dense, intertwining greenbriers and blackberries (Rubus spp.). Herbaceous vegetation is scattered throughout the community and includes woolgrass (Scirpus cyperinus), rushes (Juncos spp.), broomsedge (Andropogon sp.), netted chain-fern (Woodmrdia areolata), and cinnamon fern (Osmunda cinnamomea). A small maintained area frequently inundated by the millpond waters is also included ' in this community, and includes supplemental horticultural plantings along the edges. Upland Disturbed Forest This community occurs adjacent to the existing road, on the slope above drainage, and may have resulted from fill. Dominant trees are American holly and sweetgum (Liquidambar styraciflua). Shrubs include horse sugar (Symplocos tinctoria), red maple, red bay, dog-hobble, and sweet ' gallberry. Vines are prevalent and include common greenbrier (Smilax rotundifolia). Upland Urban/Disturbed Land This community consists of disturbed and maintained areas including the residential areas, horse 7 pasture, road, shoulder, and dam Weedy grasses and forbs dominate the road shoulders, and horticultural species supplement remnant native trees in residential areas. Routine mowing maintains the herbaceous vegetation at a short stage. Anticipated impacts to plant communities are estimated based on the amount of each plant community present within the proposed right-of-way and temporary construction easements. Construction of the proposed alternative and temporary detour is not expected to result in substantial adverse impacts to plant communities. A summary of potential plant community impacts which could result from construction activities is presented below. Table 1. Estimated plant communitv impacts. PLANT COMMUNITY ESTIMATED IMPACT in hectares (acres in parentheses) Alternative A Temp. Detour 1 Temp Detour 2 Bottomland Hardwood Forest 0.04 (0.11) 0.00 (0.00) 0.07 (0.17) Wet Successional Land 0.01 (0.03) 0.00 (0.00) 0.01 (0.02) Upland Disturbed Forest 0.01 (0.02) 0.00(0.00) 0.00 (0.00) Upland Urban/Disturbed Land 0.27 (0.68) 0.07 (0.18) 0.25 (0.62) TOTAL: 0.33 (0.84) 0.07 (0.18) 0.33 (0.81) Impacts to plant communities as a result of Alternative A will total 0.33 hectare (0.84 ac). These impacts are restricted to narrow strips immediately adjacent to the existing bridge and roadway approach segments. None of these potential impacts infringe upon undisturbed, mature natural communities. The bottomland hardwood forest represents the least amount of relatively natural community type present; anticipated impacts to bottomland hardwood forest due to Alternative A are less than 0.04 hectare (0.11 ac). The off-site detour alternative is not expected to result in impacts to plant communities due to the utilization of existing roads. Temporary on-site detour alternatives exhibit a minor variation in potential impacts to plant communities. Temporary Detour 2 will impact more bottomland forest than Temporary Detour 1. Wildlife Terrestrial Most of the study corridor consists of residential areas and disturbed areas adjacent to a millpond. Forest edges and residential areas within the study corridor provide habitat for ecotonal species and species adapted to anthropogenic landscapes including songbirds such as Carolina chickadee (Parus carolinensis), tufted titmouse (Parus bicolor), Carolina wren (Thryothorus ludovicianus), northern cardinal (Cardinalis cardinalis), northern mockingbird (Mimus polyglottos), and brown-headed cowbird (Molothrus ater), as well as opportunistic mammals such as Virginia opossum (Didelphis virginianus) and raccoon (Procyon lotor). The pasture provides habitat for birds such as eastern meadowlark (Sturnella magna), brown-headed cowbird, and starling (Sturnus vulgaris), and mammals such as cotton rat (Sigmodon hispidus) and house mouse (Mus musculus). Reptiles and amphibians that may occur within terrestrial habitats of the study corridor include southern toad (Bufo terrestas), southeastern five-lined skink (Eumeces inexpectatus), black racer (Coluber constrictor), and rat snake (Elaphe obsoleta). Aquatic Bryant Mill Pond is reported to contain recreational fisheries for largemouth bass (Micropterus salmoides), bluegill (Lepomis macrochirus), warmouth (Lepomis gulosus),and chain pickerel (Esox niger) (Fish 1968). In Black Swamp below Bryant Millpond, limited recreational fisheries are available for redfin pickerel (Esox americanus), warmouth, and redbreast sunfish (Lepomis auritus) (Fish 1968). Additional nongame fish populations expected to inhabit Black Swamp include eastern mosquitofish (Gambusia holbrooki), pirate perch (Aphredoderus sayanus), eastern mudminnow (Umbra pygmaea), and swamp darter (Etheostoma fusiforme). Stream bank surveys did not yield any shell fragments which could indicate freshwater mussel presence at the bridge site. The millpond, spillway pool, and small pond provide suitable habitat for semi-aquatic reptiles and amphibians such as bullfrog (Rana catesbeiana), southern leopard frog (Rana utricularia), yellowbelly slider (Trachemys scripta), and banded water snake (Nerodia fasciata). Anticipated Impacts to Wildlife Due to the limited extent of infringement on natural communities, the proposed bridge replacement will not result in substantial loss or displacement of known terrestrial or aquatic animal populations. Maintenance of regular flow and stream integrity will minimize potential down-stream impacts to aquatic habitat by the proposed bridge replacement. In addition, permanent and temporary impacts to downstream habitat from increased sediment during construction will be minimized by the implementation of the NCDOT Best Management Practices for Protection of Surface Waters. 9 SPECIAL TOPICS Surface waters within the project area are subject to jurisdictional consideration under Section 404 of the Clean Water Act as "waters of the United States" (33 CFR 328.3). Bryant Mill Pond is characterized as lacustrine and limnetic, with unconsolidated bottom, and permanently flooded due to impoundment (Ll UBBh). The open waters of the lacustrine system are not within the potential impact corridors for any of the alternatives. The spillway pool and excavated pond are also open waters, but due to their small size, these waters are characterized as palustrine, unconsolidated bottom, permanently flooded waters (PUBIT). The open waters of Black Swamp are an integral part of the bottomland community, and are not separated as a distinct unit. Bridging will minimize impacts to surface waters of Black Swamp. Wetlands subject to review under Section 404 of the Clean Water Act (33 U.S.C. 1344) are defined by the presence of three primary criteria: hydric soils, hydrophytic vegetation, and evidence of hydrology at or near the surface for a portion (12.5 percent) of the growing season (DOA 1987). Based on the three parameter approach, jurisdictional wetlands occur within the floodplain associated with Black Creek. Two wetland types have been identified: the bottomland hardwood forest community exhibits characteristics of palustrine forest, broad-leaved deciduous, temporarily flooded wetlands (PFOIA). The wet successional land exhibits characteristics of palustrine scrub-shrub, broad-leaved deciduous, temporarily flooded wetlands (PSS1A). The following table summarizes potential impacts to wetlands which could result from in-place bridge replacement and temporary detours. Table 2. Estimated wetland impacts. WETLAND TYPE ESTIMATED IMPACT ' in hectares (acres in parentheses) Alternative A Temp. Detour 1 Temp Detour 2 PFO 1 A 0.04 (0.11) 0.00 (0.00) 0.07 (0.17) PSS 1 A 0.01 (0.03) 0.00 (0.00) 0.01 (0.02) TOTAL: 0.05 (0.14) 0.00 (0.00) 0.08 (0.19) Minor jurisdictional impacts are anticipated as a result of this project. None of the lacustrine habitat present within the study corridor will be impacted by Alternative A or the temporary detours. Temporary Detour 2 will impact more wetland than Temporary Detour 1 (0.08 hectare versus 0.00 hectare, respectively). Impacts associated with the selected detour alignment will be temporary; impacted wetlands will be restored following project completion. 10 1 Permits Impacts to jurisdictional wetlands are anticipated from project construction. In accordance with provisions of Section 404 of the CWA, a permit will be required from the COE for the discharge of dredge 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 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: (1) that agency or department has determined pursuant to the council on environmental quality regulations for implementing the procedural provisions of the National Environmental Policy Act 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, (2) the office of the Chief of Engineers has been furnished notice of the agency's or department's application for the categorical exclusion and concurs with that determination. 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 CWA requires that the state issue or deny water quality certification for any federally permitted or licensed activity that may result in a discharge to Waters of the United States. Final decisions concerning applicable permits rests with the COE. Any activities associated with constructing, repairing, modifying, or removing dams requires filing a statement concerning the proposed activity with the appropriate DEHNR Regional Office or the Division of Land Resources. Any plans to modify the Bryant Mill Pond dam as part of this project will be coordinated with the Department of Environment, Health, and Natural Resources (DEHNR) to determine applicability of a dam safety permit. Compensatory mitigation is not proposed for this project. Species with the federal classification of Endangered (E), Threatened (T), proposed endangered, and proposed threatened are protected under the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.). The following federal protected species are listed for Bladen County (August 23, 1996 USFWS list): Red-cockaded woodpecker (Picoides borealis) - E Shortnose sturgeon (Acipenser brevirostrum) - E American alligator (Alligator mississippiensis) -T(S/A) American chaffseed (Schwalbea americana) - E Pondberry (Southern spicebush) (Lindera melissifolia) - E Rough-leaved loosestrife (Lysimachia asperulaefolia) - E Red-cockaded woodpecker (RCW) - Primary nest sites for RCWs include open pine stands greater than 60 years of age with little or no mid-story development. Foraging habitat is comprised of open pine or pine/mixed hardwood stands 30 years of age or older (Henry 1989). No RCWs have been documented within 3.2 kilometers (2.0 mi) of the study corridor (NHP files). This project is not expected to affect RCWs due to the absence of suitable nesting habitat (stand-sized pine or pine-hardwood forest containing pines greater than 60 years) and foraging habitat (stand-sized pine or pine-hardwood forest containing pines greater than 30 years) within the study corridor. BIOLOGICAL CONCLUSION: NO EFFECT Shortnose sturgeon - The shortnose sturgeon is a bottom-feeding fish that occurs in Atlantic seaboard rivers from the St. Johns River, Florida to eastern Canada. The sturgeon is anadromous, spending most of the year in brackish estuarine environments and moving into freshwater only when spawning (Gilbert 1989). Spawning sites have been described as freshwater swamps, or freshwater areas with fast flow and rough bottoms that are associated with main-stem rivers, or major estuaries. The proposed bridge replacement occurs below a mill pond dam on Black Swamp. The stream channel is narrow and shallow with little, or no rooted vegetation. The waters of Black Swamp do not provide habitat suitable for foraging or spawning. Additionally, this species has not been documented from the Lumber River basin. It can be concluded that project construction will have no impact on the shortnose sturgeon. BIOLOGICAL CONCLUSION: NO EFFECT American alligator - American alligator is listed as threatened based on the similarity in appearance to other federally-listed crocodilians; however, there are no other crocodilians within North Carolina. American alligators can be found in a variety of freshwater to estuarine aquatic habitats including swamp forests, marshes, large streams and canals, and ponds and lakes. American alligator has been documented from Bryant Mill Pond; however, this project is not expected to have adverse long-term impacts on this species. 12 Potential habitat for American alligator exists within the study corridor. Construction activities may temporarily displace any American alligators in the vicinity; however, no long-term impact to American alligator is anticipated as a result of this project. BIOLOGICAL CONCLUSION: NO EFFECT American chaffseed - This is a perennial root-parasitic herb (Kral 1983). Flowers are arranged on a spike-like raceme and bloom from April to June. Chaff-seed occurs in grass/sedge assemblages with moist acidic sandy loams or sandy peat loams. These assemblages typically exist in moist pine flatwoods, savannas, bog borders, and open oak forests. According to NHP files, this species has not been documented within 3.2 kilometers (2.0 mi) of the study corridor. This project is not expected to affect American chaffseed because typical habitat is not present within the study corridor. The road side margins within the study corridor are regularly maintained and generally well-drained and do not provide habitat for American chaffseed. BIOLOGICAL CONCLUSION: NO EFFECT Pondberry (Southern spicebush) - Pondberry is a deciduous shrub with a limited distribution occurring in two portions of the southeastern United States, the Mississippi Valley and the coastal plain of the Carolinas (USFFWS 1993). Within the two portions of its range, pondberry is known to occupy different habitats. While pondberry is known from hardwood depressional areas with perched water tables in the Mississippi Valley, in the Carolinas pondberry occurs along margins of sink holes, ponds, and depressions in pinelands (USFWS 1993). Within North Carolina, potential habitat for pondberry is described as: 1) shallow ponds with a sandy substrate, especially sites containing the shrub pondspice (Litsea aestivalis); and 2) Carolina bays containing a combination of pond cypress (Taxodium ascenders) with loblolly pine (Pinus taeda) and red maple (Leonard 1995). This project is not expected to affect pondberry because typical habitat is not present within the study corridor. No sink hole depressions, Carolina bays, or suitable ponded depressions were noted within the study corridor. BIOLOGICAL CONCLUSION: NO EFFECT Rough-leaved loosestrife - The rough-leaved loosestrife is a rhizomatous perennial that typically occurs along the ecotone between long-leaf pine savannas and wetter, shrubby areas, where lack of canopy vegetation allows abundant sunlight into the herb layer (USFWS 1994). There is no typical habitat for this species within the study corridor. This project is not expected to affect rough-leaved loosestrife because suitable habitat is not present within the study corridor. The roadside margins within the study corridor are regularly maintained and generally well-drained and do not provide habitat for rough-leaved loosestrife. BIOLOGICAL CONCLUSION: NO EFFECT Federal species of concern - The August 23, 1996 USFWS list also includes a category of species designated as "Federal species of concern" (FSC). The FSC designation provides no federal 13 protection for the species listed. NHP files do not document any FSC within the study corridor. The following are listed as FSC for Bladen County: Common Name Rafinesque's big-eared bat Bachman's sparrow Mimic glass lizard Southern hognose snake Carolina gopher frog Atlantic pigtoe Yellow lampmussel Belle's sanddragon (=varieagated clubtail dragonfly) Boykin's lobelia Carolina asphodel Carolina bogmint Carolina grass-of-parnassus Carolina spleenwort Chapman!s sedge Pineland plantain Pondspice Resinous boneset (=Pine barrens boneset) Sandhills milkvetch Savanna indigo-bush (=Carolina leadplant) Spiked medusa (=Eulophia) Spring-flowering goldenrod Venus flytrap Wavyleaf wild quinine White wicky Scientific Name Potential Habitat Corynorhinus (=Plecotus) rafinesquii N Aimophila aestivalis N Ophisaurus mimicus N Heterodon simus N Rana capito capito N Fusconaia masoni Y Lampsilis cariosa Y Progomphus bellei Y Lobelia boykinii N Tofieldia glabra N Macbridea caroliniana Y Parnassia caroliniana N Asplenium heteroresiliens N Carex chapmanii N Plantago sparsiflora N Litsea aestivalis N Eupatorium resinosum N Astragalus michauxii N Amorpha georgiana var. confusa N Pteroglossaspis ecristata N Solidago verna N Dionaea muscipula N Parthenium radfordii N Kalmia cuneata N Plant and animal species which are on the North Carolina state list as Endangered (E), Threatened (T), or Special Concern (SC) receive limited protection under the North Carolina Endangered Species Act (G.S. 113-331 et seq.) and the North Carolina Plant Protection Act of 1979 (G.S. 106-202 et seq. ). NHP records indicate that no state-listed plant or animal species have been recorded within 3.2 kilometers (2.0 mi) of the study corridor. 14 FJ X. CULTURAL RESOURCES This project is subject to compliance with Section 106 of the National Historic Preservation Act of 1966, as amended, implemented by the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106, codified at 36 CFR Part 800. Section 106 requires that for federally funded, licensed, or permitted projects, having an effect on properties listed in or eligible for the National Register of Historic Places, the Advisory Council on Historic Preservation be given an opportunity to comment. In a concurrence form dated May 9, 1996 the Federal Highway Administration, NCDOT, and the North Carolina State Historic Preservation Office (SHPO) concurred that there are no properties, including Bridge No.46, in the area of potential effect (APE) listed in or eligible for the National Register (see Appendix for Concurrence Form). In their April 22, 1996 letter, the SHPO stated there are no known archaeological sites in the proposed project area and it is unlikely that any archaeological resources which may be eligible for the National Register of Historic Places will be affected. They recommended no archaeological investigation be conducted in connection with this project (see Appendix for SHPO letter). Therefore, the NCDOT has not conducted nor will conduct any archaeological work in connection with this project. Since there are no properties either listed in or eligible for the National Register of Historic Places within the APE, no further compliance with Section 106 is required. XI. ENVIRONMENTAL EFFECTS The project is expected to have an overall positive impact by replacing a potentially unsafe bridge. Inconvenience to motorists will be negligible since traffic will be maintained on site. The project is considered a Federal "Categorical Exclusion" due to its limited scope and insignificant environmental consequences. The bridge replacement will not have an adverse effect on the quality of the human or natural environment with the use of current NCDOT standards and specifications. The project is not in conflict with any plan, existing land use, or zoning regulations. No significant change in existing land use is expected to result from replacement of the bridge. No adverse impact on families or communities is anticipated. No relocatees are expected with implementation of the proposed alternative. No adverse effect on public facilities or services is anticipated. The project is not expected to adversely affect social, economic, or religious opportunities in the area. 15 There are no publicly owned parks, recreational facilities, or wildlife and waterfowl refuges of national, state, or local significance in the vicinity of the project. Since the project will consist of replacing an existing bridge in its existing location, the Farmland Protection Policy Act does not apply. This project is an air quality "neutral" project, so it is not required to be included in the regional emissions analysis and a project level CO analysis is not required. Noise levels could increase during demolition but will be temporary. If vegetation is disposed of by burning, all burning shall be done in accordance with applicable local laws and regulations of the North Carolina State Implementation Plan (SIP) for air quality in compliance with 15 NCAC 2D.0520. This evaluation completes the assessment requirements for highway traffic noise of Title 23, Code of Federal Regulations (CFR), Part 772 and for air quality (1990 Clean Air Act Amendments and the National Environmental Policy Act) and no additional reports are required. An examination of records at the North Carolina Department of Environment, Health and Natural Resources, Division of Environmental Management, Groundwater Section and the North Carolina Department of Human Resources, Solid Waste Management Section revealed no underground storage tanks or hazardous waste sites in the project area. Bladen County is a participant in the National Flood Insurance Regular Program. The bridge is located in an Approximate Study Area. The Flood Boundary and Floodway Map is included in the Appendix. This map indicates the approximate limits of the 100-year and the 500-year floodplains as well as the 100-year floodway. Since the proposed bridge will be an in-kind replacement, it is not anticipated that this project will have a significant adverse impact on the existing floodplain and floodway nor on the associated flood hazard to the adjacent properties and buildings. On the basis of the above discussion, it is concluded that no significant adverse environmental effects will result from implementation of the project. 16 1 REFERENCES Cowardin, L.M., V. Carter, F.C. Golet, and E.T. LaRoe. 1979. Classification of Wetlands and Deepwater Habitats of the United States. USFWS/OBS -79/31. Fish and Wildlife Service, U.S. Department of the Interior, Washington, DC. 103 pp. Department of Natural Resources and Community Resources (DNRCD). 1985. Geologic Map of North Carolina. North Carolina Geological Survey. Department of the Army (DOA). 1987. Corps of Engineers Wetlands Delineation Manual. Tech. Rpt. Y-87-1. U.S. Army Engineers Waterways Experiment Station, Vicksburg, MS. 100 pp. Division of Environmental Management (DEM). 1989. Benthic Macroinvertebrate Ambient Network (BMAN) Water Quality Review 1983-1987. North Carolina Department of Environment, Health, and Natural Resources, Raleigh. 193 pp. e Division of Environmental Management (DEM). 1993. Classifications and Water Quality Standards Assigned to the Waters of the Lumber River Basin. North Carolina Department of Environment, Health, and Natural Resources, Raleigh. 17 pp. Fish, F.F. 1968. A Catalog of the Inland Fishing Waters in North Carolina. North Carolina Wildlife Resources Commission, Division of Inland Fisheries, Raleigh. 312 pp. Fish and Wildlife Service (USFWS). 1994. Agency Draft Rough-leaved Loosestrife Recovery Plan. U.S. Department of the Interior, Fish and Wildlife Service. Atlanta, GA. 37 pp. Hamel, P.B. 1992. Land Manager's Guide to the Birds of the South. The Nature Conservancy, Southeastern Region, Chapel Hill, NC. 437 pp. Henry, V.G. 1989. Guidelines for Preparation of Biological Assessments and Evaluations for the Red-cockaded Woodpecker. U.S. Department of the Interior, Fish and Wildlife Service, Southeast Region, Atlanta, GA. 13 pp. Kral, R. 1983. A Report on Some Rare, Threatened, or Endangered Forest-related Vascular Plants of the South. U.S. Department of Agriculture, Forest Service, Technical Publication R8J-TP 2. 1305 PP. Martof, B.S., W.M. Palmer, J.R. Bailey, and J.R. Harrison III. 1980. Amphibians and Reptiles of the Carolinas and Virginia. The University of North Carolina Press, Chapel Hill, NC. 264 pp. Menhinick, E.F. 1991. The Freshwater Fishes of North Carolina. North Carolina Wildlife Resources Commission, Raleigh. 227 pp. 17 Radford, A.E., H.E. Ahles, and C.R. Bell. 1968. Manual of the Vascular Flora of the Carolinas. The University of North Carolina Press, Chapel Hill. 1183 pp. Schafale, M.P. and A.S. Weakley. 1990. Classification of the Natural Communities of North Carolina: Third Approximation. NC Natural Heritage Program, Division of Parks and Recreation, NC Department of Environment, Health, and Natural Resources. Raleigh. 325 pp. U.S. Department of Agriculture (USDA). 1990. Soil Survey of Bladen County, North Carolina. USDA Soil Conservation Service. 179 pp. Webster, W.D., J.F. Parnell, and W.C. Biggs. 1985. Mammals of the Carolinas, Virginia, and Maryland. The University of North Carolina Press, Chapel Hill, NC. 255 pp. Fish and Wildlife Service (FWS). 1993. Recovery Plan for Pondberry (Lindera melissifolia). U.S. Fish and Wildlife Service. Atlanta, GA. 56 pp. Leonard, S. 1995. Monitoring, Management, and Restoration of Pondberrry (indera melissaefolia) in North Carolina. Final Report. 12 pp. 18 U N^ 14G Niw ll No. +".\'_ While O v POP. III LAKF JI. A ?1a77 '?l\ .:. DAM4 + "' 'DUBLIN POP. 417 O 1L ?a So'ufiv ? •VV I'A r? li 1 !i N UMBER TON 41 I t •` 10] .I?ol Lig 41 .7 AP 07 . TO L IA PAS \ >. 9 11?Z VY Z .b ., z LLQ4 1176 ? ? Y N 1 ' 9 Ili t 0 0 1.L44. ? 3 PAPS :R y" {S% ?Y• A• V4f4r+' JJ2 a\ 119l. 1 : \ ? + : .. n ,l ?Oj4 1.7 its 1144 q ? ?P LLQ-o LIP7 \ to 2 1, ` .1144 1 4 ° ylt CIO !; 1.3 G ? 1 '1 a 1110 L111 144i 11 34 LULL luamp 0 m / .e ? yN i J 77 J 0 ll14. Y ? f A 11Y1 ° AR > SINGLET LLU ? + 1 fr' 1 O ^ y [ T _ l 1100 , POND ?l? b lilt 'S4 u 141 ? Lp` \ 3 ?J y ,fa \ Il a 1 T ? 14°75, y 117 1 !1 1174 ?+ `? 1114 .0 1003 L. 4 1.L?. TO LUMBERTON OL 1 Iw -?? 151 n :!i 'e Ins R ? ? 01 1713 ? LW I q 141 0 to T A ' 1.0 •s ? '••? llu 1131 ? • • LLI- Grove Ch. SorldV ' , ti 171• J]jQ'a3-? IIO ti .p 1113 IIW \ 1 '1 t + •1731 •J R(chordw utter '? J II!'1'1- 1 Y 's ,T 114 .s N 1Zii \ w 7 e •, ``ty FQ ? 0 1. .O mlle4 'f'1AJ' ?p S? ? Ip ma LIJU 0 1 . o 3,0 u7., a , - v euoa4e040 1.4 ? 1.7 .1 ` Source: County Road Maps, :j: e: Wj •7 ;i '7' POP. 1,k10 1147 11A IBM NCDOT, 1880 i?:•. `F'•h p ...Y•'. Tr WL4 , fri 1l l 13 h r •J 11]7 +• ? Q U LU7 ! i 1177 ,e k "1 117 111 I Lot ? 1Z Studied Detour Route Site Location Map Figure: 1 Bridge # 46 NC131 Over Bryant Mill Project: Pond (Black Swamp) N Bladen County, C B-3410 Date: AUG 1996 LL) y'? O r 5 a N f o i.. .. z O 0 Q cs :03 :3PEz Z V O o t .4 dY, .,.7L? C z m m m V Z J ® ,µ:1 D o Pa ` -t [ 1 O a a H I I I BRIDGE NO. 46 BLADEN COUNTY B-3410 LOOKING NORTH LOOKING SOUTH SIDE VIEW FIGURE 3 ? d i i c? 3 ??`? ???b6? G?'?q LL! / ??pD l A M STATt o North Carolina Department of Cultural Resources James B. Hunt Jr., Governor Betty Ray McCain, Secretary April 22, 1996 MEMORANDUM TO: H. Franklin Vick, P.E., Manager Planning and Environmental Branch Division of Highways Department of Transportation FROM: David Brook ? ? ? . ??e'?iatlo ?(? _Q Deputy State i ortc resn fficer SUBJECT: Group XI Bridge Replacement Projects Bridge 46 on NC 131 over Bryant Mill Pond, Bladen County, B-3410, ER 96-8573 Division of Archives and History Jeffrey J. Crow, Director Thank you for your letter of March 13, 1996, concerning the above project. We are aware of no structures of historic or architectural importance within the general area of the project. We recommend that an architectural historian on your staff identify and evaluate any structures over fifty years of age within the project area, and report the findings to us. 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. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, please contact Renee Gledhill-Earley, environmental review coordinator, at 919/733-4763. DB:slw ' cc: N. Graf B. Church T. Padgett I I 109 East Jones Street • Raleigh, North Carolina 27601-2807 _01 Q3 Federal Aid # UhrP - 131 I . TIP # E? ' 3410 County ?11APF-ol CONCURRENCE FORM FOR PROPERTIES NOT ELIGIBLE FOR THE NATIONAL REGISTER OF HISTORIC PLACES Brief Project Description Rf, 1kmf, 69+vGF- OP. 4 mN NL 131 vvgo- ! RyA r OiLL POND ?,tywQ? frtiouP x t ? On representatives of the ? North Carolina Department of Transportation (NCDOT) Federal Highway Administration (FHwA) ? North Carolina State Historic Preservation Office (SHPO) Other reviewed the subject project at A scoping meeting ? Historic architectural resources photograph review session/consultation Other All parties present agreed ? there are no properties over fifty years old within the project's area of potential effects. ? there are no properties less than fifty years old which are considered to meet Criterion Consideration G within the project's area of potential effects. there arc properties over fifty years old (list attached) within the project's area of potential effects, but based on the historical information available and the photographs of each property, properties identified as arc considered not eligible for National Register and no further evaluation of them is necessary. ? there arc no National Register-listed properties within the project's area of potential effects. Signed: Rcvrescn •e, NCDOT 'I , 111%, )ate Vtlv/?? w,K, fair the Division Admidikrator, or other Federal Agency Date iu Representative, SHPO 511911? to State Historic Preservation Officer/ r B If a survey report is prepared, a final copy of this Corm and the attached list will be included. IJ State of North Carolina Department of Environment, ' Health and Natural Resources Fayetteville Regional Office A moll f James B. Hunt, Governor p E H N R Jonathan B. Howes, Secretary I July 26, 1996 ' Mr. Phil Harris, P.E. Planning and Environmental Branch North Carolina Department of Transportation ' P.O. Box 25201 Raleigh, North Carolina 27611-5201 Re: Proposed Bridge Replacement ' Bridge No. 46 along NC 131 over Bryant Mill Pond Bladen County, NC Dear Mr. Harris: we have completed our review of the above referenced proposal. ' In as much as this project is in the planning stages, it is difficult to comment on specific items. The information below will perhaps provide some information to be included in the final design. From the erosion and sediment control standpoint, the actual project site would seem to be a typical project with no unusual or elaborate erosion and sediment control problems anticipated. The typical DOT standards for similar projects should be applicable. It was my understanding from our previous telephone conversation ' that three options are being considered for detours. These options are to construct a detour immediately upstream of the existing route, construct a detour immediately downstream of the existing route, or utilize existing routes in the area. This office has no preference as to which option is selected and would anticipate that typical esosion and sediment control standards w(.)uiu sPPly iL c??c new detour options are selected. It should be noted that there is ' an area of standing water between the dam and the bridge that may make a detour in this area very expensive. ' Since this office also has responsibility for dams, potential impacts of the project on the dam were considered. The Bryant Mill Pond dam is exempt from the Dam Safety Law, due to the height being less than 15 feet. This dam is further considered as a low hazard ' structure. It is not felt that the proposed project will significantly impact the dam, due to its location upstream from the bridge. Consideration should be given to potential impacts to the ' dam if excessive vibration of pile driving equipment is anticipated. ' Wachovia Building, Suite 714, Fayetteville FAX 910-486-0707 North Carolina 28301-5043 N%f C An Equal Opportunity Affirmative Action Employer ' Voice 910-486-1541 mwxrwramil?lllillIl 500% recycled/100/. post-consumer paper Mr. Phil Harris, PE Re: Proposed Bridge Replacement Bridge No. 46 along NC 131 over Bryant Mill Pond Bladen County Page 2 This office appreciates the opportunity to comment on this project. The comments are very general, but without design drawings, it is difficult'to address specific issues. If there are further questions or if we can provide additional comments at a later date, please feel free to get in touch. S'ncerely, Joser)h E. Glass, P.E. 4 C- Regional Engineer Land Quality Section JEG\ u 7 State of North Carolina Department of Environment, ILFUMA, Health and Natural Resources AYA Division of Environmental Management James B. Hunt, Jr., Governor • Jonathan B. Howes, Secretary E3 E H N P1 A. Preston Howard, Jr., P.E., Director April 15, 1996 MEMORANDUM To: Phil Harris From: Eric Galambo Subject: Water Quality Checklist for Group XI Bridge Replacement Projects The Water-Quality Section of the Division of Environmental Management requests that DOT consider the following generic environmental commitments for bridge replacements: A. DEM requests that DOT strictly adhere to North Carolina regulations entitled, "Design Standards in Sensitive Watersheds" (15A NCAC 04B .0024) throughout design and construction for this project in the area that drains to streams having WS (water supply), ORW (outstanding resource water), HQW (high quality water), B (body contact), SA (shellfish water) or Tr (trout water) classifications to protect existing uses. B. DEM requests that bridges be replaced in existing location with road closure. If an on-site detour or road realignment is necessary, the approach fills should be removed to pre-construction contour and revegetated with native tree species at 320 stems per acre. C. DEM requests that weep holes not be installed in the replacement bridges in order to prevent sediment and other pollutants from entering the body of water. If this is not completely possible, weep holes should not be installed directly over water. D. Wetland impacts should be avoided (including sediment and erosion control structures/measures). If this is not possible, alternatives that minimize wetland impacts should be chosen. Mitigation for unavoidable impacts may be required. E. Borrow/waste areas should avoid wetlands. It is likely that compensatory mitigation will be required if wetlands are impacted by waste or borrow. Please be aware that 401 Certification may be denied if wetland or water impacts have not been avoided and minimized to the maximum extent practicable. cc: Monica Swihart Melba McGee bridges.sco P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Ooocrtunity Affirmctive Action Employer 50% recycled/ 10% post-consumer paper DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 REPLY TO April 11, 1996 ATTENTION OF Regulatory Branch Action ID No. 199601562 Mr. H. Franklin Vick, P.E., Manager Planning and Environmental Branch North Carolina Department of Transportation Division of Highways Post Office Box 25201 Raleigh, North Carolina 27611-5201 50; RID M11 C.' r 03 PQ? O'c? UMfN aU\? `t,J`` G9 G&E Dear Mr. Vick: Refezence your letter dated March 13, 1996, requesting comments regarding the potential environmental impacts associated with the North Carolina Department of Transportation (NCDOT) Group XI Bridge Replacement Project, Bridge No. 50 on NC Highway 903 over Little Contentnea Creek, at the Pitt County and Greene County line, near Scuffleton, North Carolina, TIP B-1204. Section 404 of the Clean Water Act regulates excavation and/or discharge of excavated and/or fill material into waters of the United States, including wetlands. The Corps of Engineers must assess the impacts of such activities on the aquatic environment before a final permit decision can be made. Federal permit authorization of fill activities within waters of the United States pursuant to Section 404 requires that the project be water dependant and/or that no practicable alternatives are available. Our initial emphasis for review of NCDOT projects focuses on anticipated impacts to waters and/or wetlands. However, if degradation to other aspects of the natural environment (e.g., critical habitat of endangered species) is considered to be of greater concern, an alternative resulting in greater aquatic losses may be chosen as preferred. In all cases, and in accordance with !'he 1990 Mitigation Memorandum of Agreement between the U.S. Environmental Protection Agency and the Corps, unavoidable impacts to wetland resources must be addressed prior to the final permit decision. Based upon our review of the documentation you provided, much more information is needed for us to make a determination regarding the Far1Pra1 permit requirements. Specifically, you should provide project plans which describe the proposed work and indicate all impacts to waters of the United States, including wetlands, associated with this project. Wetland impacts should be described in terms of size, location, and type. This includes temporary and permanent approach fills, and any borrow/waste activity that may impact waters and/or wetlands. Once this information becomes available, please provide it to the Washington Regulatory Field Office for our review. As your planning process continues, please be reminded that avoidance and minimization of impacts to waters and wetlands should be undertaken to the maximum extent practicable. In addition, a compensatory mitigation plan must be developed and approved prior to the issuance of a Department of the Army permit. -2- Thank you for your time and cooperation. rf you have any questions, please contact Mr. Henry Wicker, Washington Regulatory Field Office, telephone (919) 975-1616, extension 25. Sincerely, 7,D4 ' 4-w,- David M. Lekson, P.W.S. Field Office Manager Copies Furnished (without enclosure): ' Mr. Thomas Welborn, Chief Wetlands Regulatory Section - Region IV Wetlands, Oceans and Watersheds 3ranch U.S. Environmental Protection Agency 345 Courtland Street, N.E. Atlanta, Georgia 30365 Mr. Larry Hardy National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 Mr. John Hefner U.S. Fish and Wildlife Service Fish and Wildlife 7nhanceme_nt post Office Sox 33726 Raleigh, North Carolina 27636-3726 QPP??ENT OFT F H o`` tim vi 9 7 ? ARCH 3 1a United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 March 27, 1996 Mr. H. Franklin Vick Planning and Environmental Branch N.C. Division of Highways P.O. Box 25201 Raleigh, NC 27611 GE?V\ O MAR 2 b 1996 GIVISIG'V U. HIGHWAYS Subject: Group XI Bridge Replacement Projects Various counties, North Carolina (TIP Nos. B-1204, 2514, 2533, 2818, 2861, 2862, 2873, 2964, 3011, 3035, 3085, 3274, 3392, 3410) Dear Mr. Vick: This responds to your letter of March 13, 1996 requesting information from the U.S. Fish and Wildlife Service (Service) for evaluating the potential environmental impacts of the above-referenced projects. This report provides scoping information and is provided in accordance with provisions of the Fish and Wildlife Coordination Act (16 U.S.C. 661-667d) and Section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543). This report also serves as comments to federal and state resource agencies for use in their permitting and/or certification processes for this project. Preliminary planning by the North Carolina Department of Transportation (NCDOT) calls for the replacement of fourteen bridges in various Eastern North Carolina counties. The Service's mission is to provide the leadership to conserve, protect, and enhance fish and wildlife and their habitats for the continuing benefit of all people. Due to staffing limitations, we are unable to provide you with site- specific comments at this time. However, the following recommendations should help guide the planting process and facilitate our review of the project. Generally, the Service recommends that wetland impacts be avoided and minimized to the maximum extent practicable as outiinea in the clean Water Act Section 404(b)(1) Guidelines. Bridge replacements should maintain natural water flows and circulation regimes without scouring or impeding fish and wildlife passage. Habitat fragmentation should be minimized by using the existing disturbed corridor instead of a new alignment. Impact areas should be stabilized by using appropriate erosion control devices and/or techniques. Wherever appropriate, construction in sensitive areas should occur outside of anadromous fish spawning and migratory bird nesting seasons. We reserve the right to review any required federal or state permits at the time of public notice issuance. Resource agency coordination should occur early in the planning process to resolve land use conflicts and minimize delays. In addition to the above guidance, we recommend that the environmental documentation for this project include the following (the level of detail should be commensurate with the degree of environmental impacts): 1. A clearly defined purpose and need for the proposed project including a discussion of the project's independent utility; 2. An analysis of the alternatives to the proposed project that were considered, including a no action alternative; 3. A description of the fishery and wildlife resources within the action ' area of the proposed project which may be affected directly or indirectly; 4. The extent and acreage of waters of the U.S., including wetlands, that are to be impacted by filling, dredging, clearing, ditching, and/or draining. Wetland impact acreages should be differentiated by habitat type based on the wetland classification scheme of the National Wetlands Inventory. Wetland boundaries should be determined by using the 1987 ' Corps of Engineers Wetlands Delineation Manual and verified by the U.S. Army Corps of Engineers; 5. The anticipated environmental impacts, both temporary and permanent, that would be likely to occur as a direct result of the proposed project. Also, an assessment should be included regarding the extent to which the proposed project would result in secondary impacts to natural resources and how this and similar projects contribute to cumulative ' adverse effects; 6. Tec}iniques which would be employed to design and construct wetland crossings, relocate stream channels, and restore, enhance, or create ' wetlands for compensatory mitigation; 7. Mitigation measures which would be employed to avoid, minimize, rectify, reduce, or compensate for habitat value losses associated with the ' project. These measures should include a detailed compensatory mitigation plan for offsetting unavoidable wetland impacts. The attached page identifies the Federally-listed endangered, threatened, and candidate species that are known to occur in Bladen, Brunswick, Columbus, Cumberland, Duplin, Durham, Greene, Pender, Pitt, Robeson, Scotland, Wayne, and Wilson counties. Habitat requirements for the Federally-listed species in the project area should be compared with the available habitat at the project site. If suitable habitat is present within the action area of the project, field surveys for the species should be performed, and survey methodologies and results included in the environmental documentation for this project. In addition to this guidance, the following information should be included in the environmental ' document regarding protected species (the level of detail should be commensurate with the degree of environmental impacts): 1. A specific description of the proposed action to be considered; ' 2. A description and accompanvinq map of the specific area used in the analysis of direct, indirect, and cumulative impacts; ' 3. A description of the biology and status of the listed species and of the associated habitat that may be affected by the action, including the results of an onsite inspection; ' 4. An analysis of the "effects of the action" on the listed species and associated habitat: a. Direct and indirect impacts of the project on listed species. ' Indirect effects are those that are caused by the proposed action and are later in time but are still reasonably certain to occur; b. A discussion of the environmental baseline which includes ' interrelated, interdependent, past and present impacts of Federal, State, and private activities in the project and cumulative effects area; C. Interrelated actions are those that are part of a larger action and depend on the larger action for their justification; d. Cumulative impacts of future State and private activities (not requiring Federal agency involvement, that will be considered as part of future Section 7 consultation); 5. Summary of evaluation criteria used as a measurement of potential effects; 6. A description of the manner in which the action may affect any listed species or associated habitat including project proposals to reduce/eliminate adverse effects; 7. Based on evaluation criteria, a determination of whether the project is not likely to adversely affect or may affect threatened and endangered species. Candidate species are those plant and animal species for which the Service has sufficient information on their biological status and threats to their survival to propose them as endangered or threatened under the Endangered Species Act (ESA). Although candidate species receive no statutory protection under the ESA, Federal agencies are required to informally confer with the Service on actions likely to jeopardize the continued existence of these species or that may destroy or modify proposed critical habitat. Species of concern include those species for which the Service does not have enough scientific information to support a listing proposal or species which do not warrant listing at the present time. Species of Concern receive no statutory protection under the ESA, but could become candidates in the future if additional scientific information becomes available indicating they are endangered or threatened. Formal listing places the species under the full protection of the ESA, and necessitates a new survey if its status in the project corridor is unknown. Therefore, it would be prudent for the project to avoid any adverse impact to candidate species or their habitat. The North Carolina Natural Heritage Program should be contacted for information on species under State protection. The Service appreciates the opportunity to comment on this project. Please continue to advise us of the progress made in the planning process, including your official determination of the impacts of this project. Attachments cc: NCDEHNR-DEM NCWRC NMFS FHWA USACE EPA FWS/R4/KDoak/KHD:3-26-96/919-856-4520 ext 19/wp:BMAR96.SCP