Loading...
HomeMy WebLinkAbout19990877 Ver 1_Complete File_19990803i Stette of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Kerr T. Stevens, Director A 0,9W • IT NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES August 27, 1999 Johnston County DWQ Project # 990877 APPROVAL of Neuse River Buffer Rules Bill Gilmore NC DOT PO Box 25201 Raleigh, NC 27611-5201 Dear Mr. Gilmore: You have our approval, to replace bridge #124, as you described in your application dated August 3, 1999. After reviewing your application, we have decided that this project is covered by the Neuse River buffer rules (15A NCAC 2B .0233). 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 is only valid for the purpose and design that you described in your application. If you change your project, you must notify us and send us a new application. If the property is sold, the new owner must be given a copy of this approval letter and is thereby responsible for complying with all conditions. If you do not accept any of the conditions of this approval, 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, NC 27611-7447. This approval 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 the Neuse River buffer rules. If you any questions, please telephone John Dorney at 919-733-1786. Wilmington District Corps of Engineers Corps of Engineers Raleigh Field Office Raleigh DWQ Regional Office File Copy Central Files ptSely,,evens 990877.1tr Wetlands/401 Unit 4401 Reedy Creek Road Raleigh, North Carolina 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper 0y STATE of NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. P.O. Box 25201, RALEIGH, N.C. 27611-5201 DAVID McCOY GovERNOR SECRETARY Mr. John Hennessy Division of Water Quality/Wetlands 1621 Mail Service Center Raleigh, NC 27699-1621 26 July 1999 j j// ATTENTION: John Hennessy Division of Water Quality/Wetlands Dear Sir: SUBJECT: Johnston County, Replacement of Bridge No. 124 on SR 1330 over Middle Creek. TIP No. B-3671, State Project No. 8.2312201, Federal-Aid No.BRZ- 1330(3). This is a request for a Neuse Buffer Permit. Your speed with processing this high priority project is greatly appreciated. Please find attached the permit packaged originally sent the Army Corp of Engineers. If you have any questions, please contact Ms. Wendee M. Britt at (919) 733-7844, extension 334. cc: Hal Bain, Natural Systems Supervisor ?_ .. «... 4n STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. P.O. BOX 25201, RALEIGH, N.C. 27611-5201 GOVERNOR May 25, 1999 U. S. Army Corps of Engineer Raleigh Field OiiC 6508 Falls of the Neuse Road. Suite 12s ; Raleigh, North Carolina 2761 ATTENTION: Mr. Eric Alsmeyer NCDOT Coordinato- Dear Sir: E. NORRis TOLSON SECRETARY SUBJECT: Johnston County, Replacement of Bridge No. 124 on SR 1330 over Middle Creek. TIP No. B-3671, State Project No. 8.2312201, recierai Aid Project No. BRZ-1330(3). Please find attached the Categorical Exclusion for the referenced project. The North Carolina Department of Transportation (NCDOT) proposes to replace Bridge No. 124 with a bridge approximately 46 meters (150 feet) in length and 9.1 meters (30 feet) in width on new alignment to the west of the existing bridge. The new bridge will provide two 3.6 meter (12 foot) lanes with 1 meter (3 foot) shoulders. The approaches will include two 3.6 meter (12 foot) lanes and 2.4 meter (8 foot) shoulders. The shoulders wilt widen to 33 meters (11 feet) where guardrail is required. Total project length will be approximately 700 meters (2300 feet). Traffic will be maintained on the existing bridge during construction. No wetlands will be impacted by the proposed construction and surface water impacts will be restricted to that necessary for construction of bridge footings. The project is being processed by the Federal Highway Administration as a "Categorical Exclusion" (CE) 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 E) r. Y 7 with 33 CFR 3-3 )0 Appendix A (B-23) issued 13 December 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 of the project. We anticipate that 401 General Water Quality Certification No. 2734 (Categorical Exclusion) will apply to this project, and are providing one copy of the CE document to the North Carolina Department of Environment and Natural Resources, Division of Water Quality, for their review If you have any questions, please contact Ms. Teryn Smith at (919) 733-7844, extension 333. Sincerely, 1/_ C. L? William D. Gilmore, F. h., 1vlana.!:,- vroject Deveiopnient and Environmental Analvsis Branch WDG/plr Attachments cc: Mr. David Franklin, USACE, Wilmington Mr. John Dorney, NCDENR, DWG Mr. David Cox. NCWRC Mr. Whit Webb, P. E., Program Development Branch Mr. R. L. Hill, P. E., State Highway Engineer - Design Mr. A. L. Hankins, P. E., Hydraulics Unit Mr. William J. Rogers, P. E., Structure Design Unit Mr. Tom Shearin, P. E., State Roadway Design Engineer Mr. D. R. Dupree, P. E., Division 4 Engineer Johnston County Bridge No. 124 on SR 1330 Over Middle Creek Federal Project BRZ-1330(3) State Project 8.2312201 TIP # B-3671 CATEGORICAL EXCLUSION 'rT U. S. DEPARTMENT OF TRANSPORTA I " FEDERAL HIGHWAY ADMINISTRATI(- AND N. C. DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAY APPROVED: 1-15-77 Date;, William Gilmore, P. E., Manager Project Development and Environmental Analysis DateSitNicholas Graf, P. E. Division Administrator, FHWA Johnston County Bridge No. 124 on SR 1330 Over Middle Creek Federal Project BRZ-1330(3) State Project 8.2312201 TIP # B-3671 CATEGORICAL EXCLUSION j anuarv 1999 Documentation Prepared in Planning and Environmental Branch By: Jeff I g Pro ct Tanning E ineer tva h 1I? /-/ L `? 9 Wayne Elliott Bridge Project Planning Engineer, Unit Head Lubin V. Prevatt, P. E., Assistant Manager Project Development and Environmental Analysis Johnston County Bridge No. 124 on SR 1330 Over Middle Creek Federal Project BRZ-1330(3) State Project 8.2312201 TIP # B-3671 Bridge No. 124 is located in Johnston County on SR 1330 crossing over Middle Creek. It is programmed in the Draft 2000-2006 Transportation Improvement Program (TIP) as a bridge replacement project. This project is part of the Federal Aid Bridge Replacement Program and has been classified as a "Categorical Exclusion". No substantial environmental impacts are expected. 1. SUMMARY OF RECOMMENDATIONS Bridge No. 124 will be replaced as recommended in Alternate 2 with a bridge approximately 46 meters (150 feet) in length and 9.1 meters (30 feet) in width on ne v alignment to the west. Traffic will be maintained on the existing bridge durin^ construcuo . The new bridge will provide two 3.6 meter (12 foot) lanes with i meter (3 foot) shoulders. The approaches will include two 3.6 meter (12 foot) lanes and 2.4 meter (8 foot) shoulders. The shoulders will widen to 3.3 meters (11 feet) where guardrail i° required. Total project length will be approximately 700 meters (2300 feet). Based on preliminary design work, the design speed for the permanent alignment will be 80 knv, (50 mph). The estimated cost of the project is $ 1,173,000 including $ 1,150,000 in construction costs and $ 23,000 in right of way costs. The estimated cost shown in the Draft 2000-2006 TIP is $ 702,000. II. SUMMARY OF PROJECT COMMITMENTS All standard procedures and measures will be implemented to avoid or minimize environmental impacts. All practical Best Management Practices (BMP's) including the implementation of High Quality Waters (HQW) erosion control (Design Standards in Sensitive Watersheds) will be installed and maintained throughout project construction. Drainage on the bridge will be designed so that runoff is not directly discharged into Middle Creek. During construction, wet concrete will not contact stream water. Mr. Tim Savidge of NCDOT-Planning and Environmental Branch (919-733- 3141), Mr. David Cox of the NCWRC (919-528-9886), Mr. John Alderman of NCWRC (919-542-5331), and Ms. Candice Martino of USFWS (919-856-4520x18) will be invited to the preconstruction meeting held before the contractor is ready to begin 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." 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 project. North Carolina Division of Water Quality (DWQ) Section 401 Water Quality. General Certification will be obtained prior to issuance of the Section 404 permit. Further archaeological work will be conducted to relocate and define the boundaries of sites 31 JT292 and 31 JT293, and on the levee south of Middle Creek to determine if significant archaeological resources are present. If these sites are determined to be significant, and they cannot be avoided by construction. archaeological data recove-- may be necessary io mitigate adverse impacts. Additional consideration unaer Section of the Department of 1 ransportation Act will very likely not be required, as the significance of these sites lies in the information that can be retrieved through data recovery. III. ANTICIPATED DESIGN EXCEPTIONS NCDOT does not anticipate any design exceptions will be likely. IV. EXISTING CONDITIONS SR 1330 is classified as a Rural Minor Collector in the Statewide Functional Classification System. Traffic volume is currently 2600 vehicles per day (VPD) and is projected to be 5300 VPD in the year 2025. There is no posted speed limit on this section of SR 1330. There are 17 school buses that cross the bridge a total of 41 times per day. The existing bridge was completed in 1949. It is 32 meters (105 feet) long. There is approximately 5.2 meters (17 feet) of vertical clearance between the bridge deck and streambed. The two travel lanes provide 5.8 meters (19 feet) of bridge roadway width. • According to Bridge Maintenance Unit records, the sufficiency rating of the bridge is 8.6 out of a possible 100. Presently the bridge is posted 17 tons for single vehicles and 24 tons for truck-tractor semi-trailers (TTST's). 2 The horizontal and vertical roadway alignments south of the bridge are both good. Directly north of the bridge is a horizontal and a vertical curve. The approaches to the bridge have a pavement width of approximately 5.5 meters (18 feet). Shoulders on the approaches are approximately 1.8 to 2.4 meters (6 to 8 feet) wide. The Traffic Engineering Branch reports that from December 1994 to December 1997, 8 accidents were reported in the vicinity of the bridge, including 5 running off the road type and 2 sideswipes. In the spring of 1998, there was an accident involving 3 fatalities in Middle Creek at the existing bridge. The weekend following the fatal accident, two cars collided in a head on crash at the bridge site. V. PROPOSED ALTERNATIVES There are two "build" options considered in this document. They are as follows: Alternate 1 would replace the existing Bridge No. 124 with a bridge approximately 46 meters (150 feet) in length at approximately the same location and roadway elevation. Traffic would be maintained on site using a temporary detour alignment to the west of the existing bridge. The on site detour would require_ temporary bridge apmoximately 27.4 meters (90 feet) in lens ___ Alternate 2 would replace the existing Bridge No. 124 with a bridge approximately 46 meters (150 feet) in length on new alignment west of the existii.. roadway. Traffic would be maintained on the existing bridge during constructio. Any alternative involving road closure would not be justifiable. Road user cost analysis indicates that vehicles routinely using SR 1330 would experience a travel cost increase of approximately $ 1,264,000 if the road were closed. This cost is based on 2600 vehicles per day traveling an average additional distance of approximately 9.6 kilometers (6 miles) for a nine month construction period. According to the current estimated costs, closing the road and replacing the bridge at existing location would cost approximately $ 240,000 less than Alternate 2, which would maintain traffic during construction. Comparing the user cost of $ 1,264,000 to the $ 240,000 cost of maintaining traffic on site results in a benefit-cost ratio of approximately 5.3. Therefore, from a road user analysis perspective, maintenance of traffic is economically justified. . "Do-nothing" is not practical, requiring the eventual closing of the road as the existing bridge completely deteriorates. Rehabilitation of the existing deteriorating bridge is neither practical nor economical. VI. ESTIMATED COST COMPONENT ALTERNATE 1 ALTERNATE 2 New Bridge Structure $ 380,000 $ 380,000 Bridge Removal 24,000 24,000 Roadway & Approaches 203,000 466,000 Temporary Detour 393,000 0 Engineering & Contingencies 150.000 130,0, s: Total Construction $ 1,150,000 1,000'O' c" Right of Way $ 23,00v $ 24,00-'Total Co-' y 1,173.000 $ 1,024,000 VII. RECOMMENDED IMPROVEMENT, Bridge No. 124 will be replaced as recommended in Alternate 2 with a bridge approximately 46 meters (150 feet) in length and 9.1 meters (30 feet) in width on new alignment to the west. Traffic will be maintained on the existing bridge during construction. The new bridge will provide two 3.6 meter (12 foot) lanes with 1 meter (3 foot) shoulders. The approaches will include two 3.6 meter (12 foot) lanes and 2.4 meter (8 foot) shoulders. The shoulders will widen to 3.3 meters (11 feet) where guardrail is required. Total project length will be approximately 700 meters (2300 feet). Based on preliminary design work, the design speed for the permanent alignment will be 80 km/h (50 mph). Neither alternate would impact wetlands. Alternate 1 would have a greater effect on surface waters due to the temporary detour. Either alternate would require further archaeological investigations. Alternate 2 would provide a safer roadway alignment than Alternate 1. The division engineer recommends Alternate 2. There has been considerable concern over the safety of the bridge approaches due to the frequency and severity of 4 accidents near the bridge. The alignment for Alternate 2 improves the safety of the northern approach by providing a flatter curve. NCDOT recommends Alternate 2 because it maintains traffic throughout construction, is the most economical, and improves the alignment and safety of the roadway. VIII. ENVIRONMENTAL EFFECTS A. GENERAL This project is expected to have an overall positive impact. Replacement of the existing inadequate bridge will result in safer traffic operations. This project is considered to be a "Categorical Exclusion" due to its limited scope and insignificant environmental consequences. This bridge replacement will not have a substantial adverse effect on the quair ;- of the human or natural environment by implementing the environmental commitment listed in Section II of this document in addition to use of current NCDO T standards ano specifications. The proiect is not in conflict with any plan, existing land use, or zoning regulation. No change in land use is expected to result from construction of this project. There are no hazardous waste impacts. No adverse effect on families or communities is anticipated. There will be no relocatees. Right-of-way acquisition will be limited. No adverse effect on public facilities or services is expected. The project is not expected to adversely affect social, economic, or religious opportunities in the area. The proposed bridge replacement project will not raise the existing flood levels or have any significant adverse effect on the existing floodplain. There are underground fiber optic and telephone lines running parallel to the bridge on the east side. Utility impacts will be low. B. AIR AND NOISE 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. The project is located in Johnston County, which has been determined to be in compliance with the National Ambient Air Quality Standards. 40 CFR part 51 is not applicable, because the proposed project is located in an attainment area. This project is not anticipated to create any adverse effects on the air quality of this attainment area. The project will not substantially increase traffic volumes. Therefore, it will not have a substantial impact on noise levels. Temporary noise increases may occur during construction. C. LAND USE & FARMLAND EFFECTS The project is located in a rural region of western Johnston County. The road connects the Cleveland community to Interstate 40. There are no urbanized land uses in the project area. Land in the project area is classified as agricultural/residential:. The Farmland Protection Policv Act requires all federal agencies or their representatives to consider the impacts of land acquisition ana construction proiects prime and important farmiand soils. The Natural Resources Conservation Service (MRCS) was asked to determine whether the alternates under consideration will impact prime or important farmland soil. The NRCS determined that the proposed bridge replacement will not impact prime or important farmland. D. HISTORICAL EFFECTS & ARCHAEOLOGICAL EFFECTUpon review of area photographs, aerial photographs, and culturai resources databases, the State Historical Preservation Office (SHPO) recommended that an architectural historian with NCDOT determine whether the boundaries for the Polenta Historic District extend into the project's area of potential effect. After examination by NCDOT and review by the Federal Highway Administration and SHPO, it was agreed that there are no properties eligible for or listed on the National Register of Historic Places within the project's area of potential effect. During an archaeological study within the proposed construction corridor, two prehistoric sites were identified, 31JT292 and 31JT293. Preliminary investigations indicated that these sites may contain significant information about the prehistory of the area,, Additional archaeological investigation will be needed at both sites, as well as along the levee south of Middle Creek where prehistoric ceramics were recovered. Archaeological work will define site boundaries and assess the significance of these sites. If these sites are determined to be significant, and they cannot be avoided by construction, archaeological data recovery may be necessary to mitigate adverse impacts. Additional consideration under Section 4(f) of the Department of Transportation Act will very `likely not be required, as the significance of these sites lies in the information that can . be retrieved through data recovery 6 E. NATURAL RESOURCES PHYSICAL RESOURCES Regional Characteristics Johnston County lies in the eastern central part of North Carolina in the middle and upper parts of the Piedmont physiographic region. About 15 percent of the county is on the flood plains and terraces along the Neuse River and its tributaries. Elevations range from about 22.9 meters (75.0 feet) to 112.9 meters (370.0 feet) above sea level. The Neuse River bottom has very little relief. The large interstream areas in the eastern and southern parts of the county also are nearly level and have low relief. Soils There are two soil types located in the project area. A brief description of each soil type is nrovidec. Wedowee sandy loam 8-15 percent slope (WoD) This well drained very aeep soil 1. found on side slopes in the uplands of the Piedmont. it nas moderate permeabili- and water capacity. The shrink-swell potential is moaerate and it has rapid surfac runoff. The depth to bedrock is about 60 inches. The main limitations are slope anu, runoff, severe hazard of erosion and slope. The Capability Subclass is IV c. • Wehadkee loam, frequently flooded, 0-2 percent slope (WT) This poorly drained very deep soil is'found on flood plains generally along streams. Permeability is moderate, and available water capacity is high. Surface runoff is slow, and the seasonal high water table is at the surface or within a depth of 1 feet. This soil is frequently flooded for brief periods throughout the year. The main limitation of this soil are flooding and wetness. The Capability Subclass is VIw. The U.S. Department of Agriculture Soil Conservation Service (June 1991) lists this soil as Hydric. Water Resources This section contains information concerning surface water resources likely to be impacted by the proposed project. Water resource assessments include the physical characteristics, best usage standards, and water quality aspects of the water resources, along with their relationship to major regional drainage systems. Probable impacts to surface water resources are also discussed, as are means to minimize impacts. Best Usage Classification Water resources within the study area are located in the Neuse River Drainage Basin. There is one water resource in the project area as SR 1330 crosses Middle Creek. Streams have been assigned a best usage classification by the Division of Water Quality (DWQ), formerly Division of Environmental Management (DEM), which reflects water quality conditions and potential resource usage. Middle Creek [DEM Index No. 27-43- 15-(4), 5/1/88] is classified as C NSW. Class C refers to waters suitable for aquatic life propagation and survival, fishing, wildlife, secondary recreation and agriculture. NSW (Nutrient Sensitive Waters) refers to waters that require limitations on nutrient inputs. No waters classified as High Quality Waters (HQW), Water Supplies (WS-1 or WS-II) or Outstanding Resource Waters (ORW) occur within 1.6 kilometer (1.0 mile) of the project study area. Physical Characteristics of Surface Waters Middle Creek at SR 1330 is approximately 13.7-15.3 meters (45-50 feet) wide. The substrate in the study area is composed of sand, silt and clay. The stream bank vegetation consists of the same species as the surrounding levee forest commuriT Water Quality This section aescribes the quality of the water resources within the project area. Potentnai sediment ioaas and toxin concentrations of these waters from both point source:; and nonvoint sources are evaluated. Water quality assessments are made based 01. published resource information ana existing general watershed characteristics. Tries,, data provide insight into the value of water resources within the project area to mecL human needs and to provide habitat for aquatic organisms. Benthic Macroinvertebrate Ambient Network The Benthic Macroinvertebrate Ambient Network (BMAN), managed by the DWQ, is part of an ongoing ambient water quality monitoring program which addresses long term trends in water quality. The program monitors ambient water quality by sampling at fixed sites for selected benthic macroinvertebrates organisms, which are sensitive to water quality conditions. Samples are evaluated on the number of taxa present of intolerant groups [Ephemeroptera, Plecoptera, Trichoptera (EPT)] and a taxa richness value (EPT S) is calculated. A biotic index value is also calculated for the sample that summarizes tolerance data for all species in each collection. The two rankings are given equal weight in final site classification. The biotic index and taxa richness values primarily reflect the effects of chemical pollution and are a poor measure of the effects of such physical pollutants as sediment. There are no BMAN data sites located in the project area. Point Source Dischargers Point source dischargers located throughout North Carolina are permitted through the National Pollutant Discharge Elimination System (NPDES) program administered by the DEM. All dischargers are required to register for a permit. The DWQ NPDES report lists no permitted discharger into Middle Creek directly upstream or in the project area. 8 Summary of Anticipated Impacts Impacts to water resources in the project area are likely to result from activities associated with project construction. Activities likely to result in impacts are clearing and grubbing on streambanks, riparian canopy removal, instream construction, fertilizers and pesticides used in revegetation, and pavement installation. The following impacts to surface water resources are likely to result from the above mentioned construction activities. • Increased sedimentation and siltation downstream of the crossing and increased erosion in the project area. • Changes in light incidence and water clarity due to increased sedimentation and vegetation removal. • Alteration of water levels and flows due to interruptions and/or additions to surface and ground water flow trom construction. • Changes in and destabilization of water temperature due to vegetation remova=. • Increased nutrient loading during construction via runoff nom exposed areal • Increased concentrations of toxic compounds in highway runofL • Increased potential for release of toxic compounds such as fuel and oil from construction equipment and other venicie • Alteration of stream discharge due to silt loading and changes in surface and groundwater drainage patterns. In order to minimize potential impacts to water resources in tine project area, NCDOT's Best Management Practices for the Protection of Surface Waters will be strictly enforced during the construction phase of the project. Limiting instream activities and revegetating stream banks immediately following the completion of grading can further reduce impacts. BIOTIC RESOURCES Biotic resources include terrestrial and aquatic communities. This section describes the biotic communities encountered in the project area, as well as the relationships between fauna and flora within these communities. The composition and distribution of biotic communities throughout the project area are reflective of topography, soils, hydrology, and past and present land uses. Descriptions of the terrestrial systems are presented in the context of plant community classifications. Representative animal species that are likely to occur in these habitats (based on published range distributions) are also cited. Terrestrial Communities Three terrestrial communities, disturbed/maintained, levee forest, and pine plantation exist within the project area. Disturbed/Maintained Disturbed/maintained lands are intensively managed where human structures or activities preclude natural plant succession. These areas include a fallow field and maintained roadside and extend along the majority of the project. The dominant species in this community include fescue, wild geranium, jasmine, trumpet creeper, Virginia creeper, shepherd's purse, broomsedge, and scattered saplings of the levee forest community. Pine Plantation This community is located on the northwest side of SR 1330 at the beginning of the project. The maintained roadside to the south and east and the levee forest to the north border it. The community is dominated by young loblolly pin Levee r orest The -levee forest extends along both sides of Middle Creek in the project are". i ne pine forest to the southwest and a disturbed/maintained residential yard to the northeast border it. This community contains a canopy of ironwood, river birch, sycamore, water oak, black cnerry, wacx gum, sweetgum, and loblolly pine. The understory includes flowering dogwood, elm, red maple, American holly, sassafras, anu loblolly pine saplings. The shrub layer consists of japanese honeysuckle, coral honeysuckle, catbrier, poison ivy, river oats, grape, and ebony spleenwort. Terrestrial Impacts Impacts to terrestrial communities will result from project construction due to the clearing and paving of portions of the project area, and thus the loss of community area. The following table summarizes potential losses to these communities, resulting from project construction. Calculated impacts to terrestrial communities reflect the relative abundance of each community present in the study area. Estimated impacts are derived based on the entire proposed right-of-way width of 24.4 & 18.3 meters (80.0 & 60.0 feet). However, project construction often does not require the entire right-of-way; therefore, actual impacts may be considerably less. 10 Estimated area impacts to terrestrial communities. Community Impacted Area hectares (acres) Alternate I Alternate 2 Disturbed/Maintained Roadside 0.20 (0.5) 0.90 (2.2) Levee Forest 0.10(m)) 0.20 (0.6) Pine Plantation 0.06 (0.1) 0.20 (0.5) Total Impacts 0.36 (0.9) 1.3 (333) Aquatic Impacts Impacts to the aquatic community of Middle Creek will result from the replacement of Bridge No. 124. Impacts are likely to result from the physical disturbance of aquatic habitats (i.e. substrate, water quality, stream banks). Disturbance of aquatic habitats has a detrimental effect on aquatic community composition by reducing species diversity and the overall quality of aquatic habitats. Physical alterations to aquatic habitats can result in the following impacts to aquatic communitie: . Inhibition of plant grow" Clogging of feeding structures of filter-feeding organisms, gills of fish, and the burial of benthic oraanisrm-. • Algal blooms resulting from increased nutrient concentrations. • Mortahty among sensitive organisms resulting from introduction of toxic substances and aecreases in dissolved oxygen. • Destabilization of water temperature resulting from riparian canopy remova.. • i.oss of benthic macroinvertebrates through scouring resulting from an increase' sediment load. Impacts to aquatic communities can be minimized by minimizing riparian canopy removal, limiting instream construction, revegetation immediately following the completion of grading activities, and strict adherence to BMP's. JURISDICTIONAL TOPICS This section provides inventories and impact analyses pertinent to two substantial regulatory issues: Waters of the United States and rare and protected species. These issues retain particular importance because of federal and state mandates that regulate their protection. This section deals specifically with the impact analyses required to satisfy regulatory authority prior to project construction. 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. Any action that proposes to dredge or place fill material into surface waters or wetlands falls under the jurisdiction of the U.S. Army Corps of Engineers (COE) under I1 Section 404 of the Clean Water Act (33 U.S.C. 1344). Surface waters include all standing or flowing waters which have commercial or recreational value to the public. Wetlands are identified based on the presence of hydric soils, hydrophytic vegetation, and saturated or flooded conditions during all or part of the growing season. Characteristics of Wetlands and Surface Waters Criteria to delineate jurisdictional wetlands include evidence of hydric soils, hydrophytic vegetation and hydrology. There are no wetlands found in the project area. Impacts to jurisdictional surface waters are calculated based on the linear feet of the stream that is located within the proposed right-of-way. A length of 24.4 meters (80 feet) of Middle Creek and 0.04 hectares (0.09 acres) of stream bed will be impacted by the proposed permanent bridge replacement. The. temporary bridge required it Alternate 1 would impact 18.3 meters (60 feet) of Middle Creek and 0.03 hectarc (0.07 acres) of stream bed. Perm;ts Impacts to jurisdictional surface waters are anticipated from the proposed project As a result, construction activities will require permits and certifications from various regulatory agencies in charge of protecting the water quality of public water resources A Nationwide Permit 33 CFR 330.5(a) (23) is likely to be applicable for a_; impacts to Waters of the United States resulting from the proposed project. This vertu- authorizes activities undertaken, assisted, authorized, regulated, funded or financea whole, or part, by another Federal agency or department where that agency or department has determined the 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; • (2) that 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 Certification from the DWQ prior to the issuance of the 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. Section 401 Certification allows surface waters to be temporarily impacted for the duration of the 12 construction or other land manipulation. The issuance of a 401 permit from the DWQ is a prerequisite to issuance of a Section 404 permit. Avoidance, Minimization, 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 he 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. Avoidance mitigation examines all appropriate and practicable possibilities of averting impacts to Waters of the United States. According to a 1990 Memormidum of Agreement (MOA) between the Environmental Protection Agency (EPA) and the CO-E, in determining "appropriate and practicable" measures to offset unavoidable impacts, sucn measures should be appropriate to the scope and degree of those impacts and vracticabie in terms of cost, existing technology and logistics in light of overall project purpos::- Minimization includes the examination of appropriate ana 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 to median widths, right-of-way widths, fill slopes and/or road shoulder widths. Compensatory mitigation in 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 that remain after all appropriate and practicable minimization has been required. Compensatory actions often include restoration, creation and enhancement of Waters of the United States, specifically wetlands. Such actions should be undertaken in areas adjacent to or contiguous to the discharge site. Compensatory mitigation is required for those projects authorized under Nationwide Permits that result in the fill or alteration of • More than 0.45 hectare (1.0 acre) of wetlands will require compensatory mitigation; • And/or more than 45.7 meters (150.0 linear feet) of streams will require compensatory mitigation. 13 No wetlands will be impacted by the project. Impacts to surface waters will be minimized as much as practicable. Written approval of the final mitigation plan is required from the DWQ prior to the issuance of a 401 Certification. Final permit/mitigation decisions rest with the COE. 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 development. 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 United States Fish and Wildlife Service (FWS). Other species may receive additional protection under separate state laws. Federally-Protected SneciFs Plants and animals with federal classifications of Endangered (E), Tnreatened (T). Proposed Endangered (PE), and Proposed Threatened (PT) are protected under the provisions of Section 7 and Section 9 of the Endangered Species Act of 1973, as amended. As of 14 May 1998, the FWS lists three federally protected species for Johnston County. A brief description of the characteristics and habitat requirements for. these species along with a conclusion regarding potential project impacts is provides. Federally Protected Species for Johnston Cour.T Common Name Scientific Name Status Red-cockaded woodpecker Picoides borealis Endangered Dwarf wedge mussel Alasmidonta heterodon Endangered Michaux's sumac Rhus michauxii Endangered Note: • "Endangered" denotes a species in danger of extinction throughout all or a significant portion of its range. Picoides borealis (red-cockaded woodpecker) Endangered Animal Family: Picidae Date Listed: 13 October 1970 The adult red-cockaded woodpecker (RCW) has a plumage that is entirely black and white except for small red streaks on the sides of the nape in the male. The back of the RCW is black and white with horizontal stripes. The breast and underside of this woodpecker are white with streaked flanks. The RCW has a large white cheek patch surrounded by the black cape, neck, and throat. The RCW uses open old growth stands of southern pines, particularly longleaf pines for foraging and nesting habitat. A forested stand must contain at least 50% pine, lack a thick understory, and be contiguous with other stands to be appropriate habitat for the RCW. These birds nest exclusively in trees that are >60 _years old and are contiguous with pine stands of at least 30 years of age. The foraging 14 range of the RCW is up to 200 hectares (500 acres). This acreage must be contiguous with suitable nesting sites. These woodpeckers nest exclusively in living pine trees and usually in trees that are infected with the fungus that causes red-heart disease. Cavities are located in colonies from 3.6 to 30.3 meters (12 to 100 feet) above the ground and average 9.1 to 15.7 meters (30 to 50 feet) high. They can be identified by a large encrustation of running sap that surrounds the tree. The RCW lays its eggs in April, May, and June; the eggs hatch approximately 38 days later. BIOLOGICAL CONCLUSION: NO EFFECT The mature, open pine stands that the RCW needs are not present in the project area. The pines that exist in the project area are too young to provide nesting habitat for RCW and do not contain the large open tracts of foraging habitat required by the RCW. The North Carolina Natural Heritage Program database was checkea and there were nc records of existing populations of RCW in the project area. No habitat for RCW exists in the project area. Thus, no impacts to RCW will occur from project constructio:.. Aiasmidonta heterodon (dwarf wedge mussel) Endangered Animal Family: Lmoniaa Date Listed: 3/14/90 The dwarf wedge mussel is a small mussel having a distinguishable sheli noted by two lateral teeth on the right half and one on the left half. The periostracum (outer shell) is olive green to dark brown in color and the nacre (inner shell) is bluish to silvery white. The dwarf-wedge mussel has been documented from portions of Middle Creek. Middle Creek, however, continues to be degraded by various sources and dwarf-wedge mussel has not been found in the creek in recent years. The subject project was surveyed for the presence of mussel fauna on August 20, 1998. The survey was conducted from approximately 40 meters downstream of the bridge to just 10 meters above the bridge using SCUBA and took 1.5 hours to complete. Water depth ranged from 1.5 meters to 3 meters. Water clarity was poor and tactile methods were predominantly used. The substrate of Middle Creek in this stretch is heavily sedimented with fine silt and occasionally coarse sand, and is generally unsuitable for mussel fauna. Dwarf wedge mussel was not located. The introduced Asian clam is common at the site. Areas of suitable substrate were found in Middle Creek approximately 6.5 kilometers downstream of the project area (next bridge crossing). Elliptio mussels were easily located in these areas and it is possible that dwarf-wedge mussel occurs downstream of the project area. BIOLOGICAL CONCLUSION: NOT LIKELY TO ADVERSELY AFFECT 15 81 Given the survey results, it is apparent that that dwarf-wedge mussel does not occur within the project area. Because the dwarf-wedge mussel is historically known from Middle Creek there is a slight potential for this species to occur downstream of the project area. The implementation of High Quality Waters (HQW) erosion control (Design Standards in Sensitive Watersheds) and a deck drainage design that would prohibit runoff directly discharged into Middle Creek should eliminate the potential for an adverse impact to any dwarf-wedge mussel populations that might occur downstream of the project area. Rhus michauxii (Michaux's sumac) Endangered Plant Family: Anacardiaceae Date Listed: 28 September 1989 Flowers Present: June Michaux's sumac is a densely pubescent rhizomatous shrub. The bases of th-- 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 c female plants, are a red, densery short-pubescent drug. . This plant occurs in rocxy or sandy open woods. Michaux's sumac is dependent o some sort of disturbance to maintain the openness of its habitat. it usually grows it association with basic soils and occurs on sand or sandy foams. Michaux's sumac gro 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 There is habitat for Michaux's sumac in the open disturbed areas found along the roadside of SR 1330 in the project area. The project was walked and surveys for Rhus michauxii were conducted by NCDOT biologists Hal Bain and Teryn Smith on April 24, 1998. No Michaux's sumac was observed. Therefore Michaux's sumac will not be affected by the proposed project construction. 16 1.. iy vii .j Y 1 i C ? CD (-D (D O CD a W UQ UQ O G ot; (D (D Y vo r' CD n w w CD Y ? va - ti N ( '% I I f dyd]0 ST. O ly `1I L: .. C m r C ? -, a ?,aZp (IQ o o y C\ a p n p . W . o_ ? i ? o = ? V4 S r p , .? CD O .? O d UG VJ ? _- O G7 c O n 'Y j VN 1 p; I a S?, NORTH APPROACH LOOKING SOUTH FIGURE 3 SOUTH APPROACH LOOKING NOR T " FIGURE 4 WEST FACE OF BRIDGE Nom. I ATTACHMENTS North Carolina Department of Cultural Resources James B. Hunt Jr., Governor Betty Ray McCain, Secretary January 8, 1999 Nicholas L. Graf Division Administrator Federal Highway Administration Department of Transportation 310 New Bern Avenue Raleigh, N.C. 27601-1442 Division of Archives and History Jeffrey J. Crow, Director Re: Archaeological survey report for Bridge 124 on SR 1330, Johnston County, Federal Aid No. BRZ- 1330(3), 8-3671, ER 98-8594, ER 99-779' Dear Mr. Graf: Thank you Tor your letter of November 12, 1998, transmitting the archaeological surv;_ report by Deboratn Joy concerning the above proiec'. We agree with the recommendations that 31 JT292 and 31 JT293 should be tested to determine their eligibility for inclusion in the National Register of Historic Places, if Alternative 2 is selecte. We are somewhat perplexed about the ambiguous nature of the find on the levee south of Middle Creek. The recovered artifacts seem to meet the definition of a site provided in the report, and yet no site number has been assigned. If there is some confusion, and these finds do not represent a site, we can not agree to testing a non-site. Review of the report suggests that the levee finds are, indeed, a site and require a site form and a permanent site number. We also agree that this site needs further testing to determine its eligibility. 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. Sincerely, Y Davt Brook Deputy State Historic Preservation Officer DB:slw cc: 4. D. Gilmore T. Padgett F? ''1 1 4 1999 T 109 East Jones Street • Raleigh, North Carolina 27601-2807 ??? I r Nicholas L. Graf April 15, 1998, Page 2 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, Da iv BDeputy State Historic Preservation Officer DB:slw cc: 4 F. Vick B. Church T. Padgett ." 40 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF PARKS AND RECREATION NCDENR March 23, 1998 JAMES B. HUNTJR. GOVERNOR WAYNE MCDEVITT SECRETARY TO: Jeff Ingham, Project Engineer DOT, Planning and Environmental DR. PHILIP K. MCKNELLY ` DIRECTOR FROM: Stephen Hall SUBJEC??: Review of Scoping Sheets -- Replace Bridge No. 124, SR 1331;, Johnston County REFERENCE: TIP B-3671 The Natural Heritage Program database contains records for several species of ra=:: aquatic animals from Middle Creek. The most significant of these is the dwarf wedgemussel (Alasmidonta heterodon), which is state and federally listed as Endangered. Populations of this species have been found both upstream and downstream from the proposed bridge replacement. State listed species recorded in this reach of Middle Creek include the yellow lancemussel (Elliptio lanceolata) and triangle floater (Alasmidonta undulata) - both of which are listed as Threatened -- and the eastern lampmussel (Lampsilis radiata), which is state listed as Special Concern. In order to avoid impacts associated with sedimentation, we strongly recommend that Best Management Practices for High Quality Waters be employed for this project. Since these species are also vulnerable to concrete toxicity, we further recommend that all concrete used in this project be fully cured before it comes into contact with the water. = In order to ensure compliance with these recommendations, all contractors working on this project should be clearly informed in writing of the need to follow these practices, and all work should be closely monitored. Since a federally listed species is potentially present in the project area, the US Fish and Wildlife Service should be consulted regarding the need for additional means to avoid, minimize, or otherwise mitigate for the impacts of this project. P.O. BOX 27687, RALEIGH NC 2761 1 -7687 PHONE 919-733-4181 FAX 91 9-715-3085 .. „ . :, AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST-CONSU M£R PAPER