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HomeMy WebLinkAbout20000647 Ver 1_Complete File_20000511on 1 ? 1997 ?NtriRntiM?+ur ALSG? cC S . a, a.• C)o CO STATE OF NORTH CAROLINA LA tDEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. P.O. BOX 25201, RALEIGH, N.C. 27611-5201 GARLAND B. GARRETT JR. GOVERNOR SECRETARY October 8, 1997 MEMORANDUM TO: Ms. Cyndi Bell DWQ - DENR FROM: H. Franklin Vick, P. E., Manager Planning and Environmental Branch SUBJECT: Review of Scoping Sheet for the following projects: Project T.I.P. County Bridge No. State Route Planning Engineer B-3267 Wilson No. 29 ni SR 1653 ill Goodwin B-2110 Brunswick No. 62 N NC 21,1 ill Goodwin B-3365 Richmond No. 33 SR 1124 ill Goodwin t B-2951 Davidson No. 135 NC 109 ennis Pipkin B-3322 Cumberland No. 36 1-95B/US 301B ill Goodwin B-3179 Guilford No. 459 US 29 Dennis Pipkin Attached for your review and comments are the scoping sheets and location maps for the subject projects. The purpose of this information and the related review procedure is to have an early "meeting of the minds" as to the scope of work that should be performed and thereby enable us to better implement the projects. Scoping meetings for these projects are scheduled for r"7"in the Planning and Environmental Branch Conference Room (Room 470). These scoping meetings will be held back to back beginning at 9:00 A. M. for B-3267 and B-2110. The remaining project meetings will begin at 9:30 A. M. in the order shown above. These meetings typically last 10 to 15 minutes per project so all attendees should plan to arrive at the beginning of thl-0 r 9:30 A. M. session as applicable. You may provide us with your comments at the meeting, mail them to us prior to the meeting, or e-mail them to bgoodwin@dot.state.nc.us prior to the meeting. Thank you for your assistance in this part of our planning process. If there are any questions about the meetings or the scoping sheets, please call the indicated Project Planning Engineer, at 733-3141. HFV/bg Attachments /? n ui S,)/ 2 S-{lW'C- f ?? w ?/e or C J V Vf 1 401A STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. P.O. aox 25201, RALEIGH, N.C. 27611-5201 DAVID McCOY GOVERNOR SECRETARY March 31, 2000 U.S. Army Corps of Engineers Regulatory Field Office 6508 Falls of the Neuse Road, Suite 120 O 0 0 6 4 7 Asheville, NC 27609 Attention: Mr. Eric Alsmeyer NCDOT Coordinator Subject: Guilford County, replace Bridge No. 459 on SR 2526 over Reedy Fork Creek. Federal Aid Project No. MABRZ-2526.(2), State Project No. 8.2493901, T.I.P. No. B-3179. Dear Sir: The North Carolina Department of Transportation (NCDOT) proposes to replace the deck of Bridge No. 459 on SR 2526 over Reedy Fork Creek. The existing right-of-way (ROW) is an estimated 18.3 in (60.0 ft). No additional ROW will be acquired. The existing cross section is a two lane shoulder section and the proposed cross section is a two lane bridge deck replacement. The existing structure is a reinforced concrete deck on reinforced concrete post and beam bents built in 1961. The proposed structure type is a bridge deck replacement. The bridge will retain the present 34 ft. travelway width. Traffic will be detoured onto other existing roads during construction. This project involves only deck replacement. The existing bridge will remain in place. The entire bridge, including deck, superstructure, and substructure, is composed of reinforced concrete. There is no asphalt surface on the deck, so it will not be necessary to remove any asphalt before replacing the deck. The railings are also concrete, but will not be removed. There will likely be incidental discharge of fill into Reedy Fork Creek as a result of breaking up the existing concrete deck. In the worst case scenario, the amount of fill that could be dropped into the streamis 40 cubic yards. No wetlands will be impacted by the proposed work. Bridge deck replacement over Reedy Fork Creek is scheduled to be let to construction on October 17, 2000. ,ye ? STA/j a? ?V y ?q Ww ?? The Categorical Exclusion document prepared for the project includes.the environmental commitments for this project. The NCDOT commits to implementing all standard measures to avoid or minimize environmental impacts. The NCDOT's "Best Management Practices for Protection of Surface Waters" shall be adhered to. The State Historic Preservation Office (SHPO) has recommended that no historic or archaeological surveys be performed on the subject project. As stated in the CE, the project will not affect any structures/properties eligible for or listed on the National Register of Historic Places or any archaeological remains important to history or pre-history. The project is being processed by the FHWA as a "Categorical Exclusion" (CE) in accordance with 23 CFR 771.115(b). A copy of this document has been attached to this letter. The NCDOT does not anticipate requesting a Section 404 Individual Permit but proposes to proceed under a Section 404 Nationwide Permit 23 and 33 in accordance with 33 CFR 330 issued by the 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 document has also been provided to the North Carolina Department of Environment and Natural Resources, Division of Water Quality, for their review. If you have any questions or need any additional information, please contact Ms. Shannon Simpson at ext. 332. Sincerely, William D. Gillmore, Manager Project Development and Environmental Analyses WDG/sls Enclosure cc: Mr. David Franklin, COE, Wilmington Mr. John Dorney, Division of Water Quality Mr. Tim Rountree, P.E., Structure Design Mr. Calvin Leggett, P.E., Program Development Ms. Debbie Barbour, P.E., Highway Design Mr. A. L. Hankins, P.E., Hydraulics Unit Mr. J. M. Mills, P.E., Division 7 Engineer Mr. Dennis Pipkin, Project Development and Environmental Analysis T I DEM ID: 00064T. CORPS ACTION ID: 4/5/2000 NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #): 23 and 33 PRE-CONSTRUCTION NOTIFICATION APPLICATION FOR NATIONWIDE PERMITS THAT REQUIRE: 1) NOTIFICATION TO THE CORPS OF ENGINEERS 2) APPLICATION FOR SECTION 401 CERTIFICATION 3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT (SEE AGENCY ADDRESSES SHEET). PLEASE PRINT. 1. OWNERS NAME: NC Dept. of Transportation; Project Development and Environmental Analysis 2. MAILING ADDRESS: Post Office Box 25201 SUBDIVISION NAME: CITY: Raleigh STATE: NC ZIP CODE: 27611 PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING ADDRESS ABOVE): 3. TELEPHONE NUMBER (HOME): (WORK): 919-733-3141 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: William D. Gilmore , P.E., Manager 5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR AERIAL PHOTOGRAPHY WITH SCALE): COUNTY: Guilford NEAREST TOWN OR CITY: Greensboro 2 SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): Bridge No. 459 on SR 2526 over Ready Fork Creek 6. IMPACTED OR NEAREST STREAM/RIVER: Reedy Fork Creek RIVER BASIN: Cape Fear 7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER (SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER SUPPLY (WS-I OR WS-II)? YES [ J NO [X] IF YES, EXPLAIN: 7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)?YES[ J NO[XJ 7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION? No 8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY? YES [ ] NO [X] IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION): 8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE? YES [ ) NO [X] IF YES, DESCRIBE ANTICIPATED WORK: 9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: NA 9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: 0 acres 3 10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: FILLING: EXCAVATION: FLOODING: OTHER: DRAINAGE: TOTAL ACRES TO BE IMPACTED: 0.0 10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION): LENGTH BEFORE: 60.0 FT AFTER: 60.0 FT WIDTH BEFORE (based on normal high water contours): 35.0 FT WIDTH AFTER: 35.0 FT AVERAGE DEPTH BEFORE: 2.0 FT AFTER: 2.0 FT (2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY) OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL: CHANNEL EXCAVATION: CONSTRUCTION OF A DAM/FLOODING: OTHER: See cover letter for details. 11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED DRAINING TO THE POND? WHAT IS THE EXPECTED POND SURFACE AREA? 12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: 8 1/2" X 11" DRAWINGS ONLY): See cover letter for details. The deck of Bridge No. 459 will be replaced. The existing bridge will not be removed. .t 4 13. PURPOSE OF PROPOSED WORK: Bridge Replacement 14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS): Project is water dependent. Minimization efforts are outlined in Attached cover letter. 15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE (USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED: see CE (ATTACH RESPONSES FROM THESE AGENCIES.) 16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER. (SHPO) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED: See CE 17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF PUBLIC (STATE) LAND? YES [X] NO [) (IF NO, GO TO 18) a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT? YES [ ] NO [X] b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE? YES [ ] NO [X] IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT. QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH, NORTH CAROLINA 27603-8003, TELEPHONE (919) 733-6369. 5 18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL INTO WETLANDS: a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26, 29, AND 38). ALL STREAMS (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OR 1 INCH EQUALS 100 FEET OR THEIR EQUIVALENT. b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY PROJECT. C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE. d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED. e. WHAT IS LAND USE OF SURROUNDING PROPERTY? Rural f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE. NOTE: WETLANDS OR WATERS OF THE U.S. MAY NOT BE IMPACTED PRIOR TO: 1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT, 2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF ENVIRONMENTAL MANAGEMENT (WATER QUALITY) CERTIFICATION, AND 3) (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT PROGRAM. ?C - f&4 T )J .',t- G w,- 4D/iE OWNER S/AG S SIGNATURE (AGENT'S SIGNATURE VALID ONLY IF AUTHORIZATION LETTER FROM THE OWNER IS PROVIDED (18g.)) i r TIP Project No. B-3179 State Project No. 8.2493901 Federal Project No. MABRZ-2526(2) A. Project Description: NCDOT will replace the deck of Bridge No. 459 in Guilford County. Bridge No. 459 carries SR 2526 over Reedy Fork Creek. The bridge will retain the present 24 foot travelway width. Traffic will be detoured onto other existing local roads during construction. B. Purpose and Need: The sufficiency rating of the existing bridge as a whole is 75.0 out of 100.0. However, the deck is deteriorated and needs to be replaced. Rehabilitation of the existing deteriorating deck is neither practical nor feasible. C. Proposed Improvements: Circle one or more of the following Type II improvements which apply to the project: 1. Modernization of a highway by resurfacing, restoration, rehabilitation, reconstruction, adding shoulders, or adding auxiliary lanes (e.g., parking, weaving, turning, climbing). a. Restoring, Resurfacing, Rehabilitating, and Reconstructing pavement (3R and 4R improvements) b. Widening roadway and shoulders without adding through lanes c. Modernizing gore treatments d. Constructing lane improvements (merge, auxiliary, and turn lanes) e. Adding shoulder drains f. Replacing and rehabilitating culverts, inlets, and drainage pipes, including safety treatments g. Providing driveway pipes h. Performing minor bridge widening (less than one through lane) 2. Highway safety or traffic operations improvement projects including the installation of ramp metering control devices and lighting. a. Installing ramp metering devices b. Installing lights c. Adding or upgrading guardrail d. Installing safety barriers including Jersey type barriers and pier protection e. Installing or replacing impact attenuators c f. Upgrading medians including adding or upgrading median barriers g. Improving intersections including relocation and/or realignment h. Making minor roadway realignment i. Channelizing traffic j. Performing clear zone safety improvements including removing hazards and flattening slopes k. Implementing traffic aid systems, signals, and motorist aid 1. Installing bridge safety hardware including bridge rail retrofit 3. Bridge rehabilitation, reconstruction, or replacement or the construction of grade separation to replace existing at-grade railroad crossings. a. Rehabilitating, reconstructing, or replacing bridge approach slabs Rehabilitating or replacing bridge decks c. Rehabilitating bridges including painting (no red lead paint), scour repair, fender systems, and minor structural improvements d. Replacing a bridge (structure and/or fill) 4. Transportation corridor fringe parking facilities. 5. Construction of new truck weigh stations or rest areas. 6. Approvals for disposal of excess right-of-way or for joint or limited use of right-of-way, where the proposed use does not have significant adverse impacts. 7. Approvals for changes in access control. 8. Construction of new bus storage and maintenance facilities in areas used predominantly for industrial or transportation purposes where such construction is not inconsistent with existing zoning and located on or near a street with adequate capacity to handle anticipated bus and support vehicle traffic. 9. Rehabilitation or reconstruction of existing rail and bus buildings and ancillary facilities where only minor amounts of additional land are required and there is not a substantial increase in the number of users. 10. Construction of bus transfer facilities (an open area consisting of passenger shelters, boarding areas, kiosks and related street improvements) when located in a commercial area or other high activity center in which there is adequate street capacity for projected bus traffic. 2 1 1. Construction of rail storage and maintenance facilities in areas used predominantly for industrial or transportation purposes where such construction is not inconsistent with existing zoning and where there is no significant noise impact on the surrounding community. 12. Acquisition of land for hardship or protective purposes, advance land acquisition loans under section 3(b) of the UMT Act. Hardship and protective buying will be permitted only for a particular parcel or a limited number of parcels. These types of land acquisition qualify for a CE only where the acquisition will not limit the evaluation of alternatives, including shifts in alignment for planned construction projects, which may be required in the NEPA process. No project development on such land may proceed until the NEPA process has been completed. C. Special Proiect Information Construction Coordination: In order to provide for efficient detours of traffic, the construction times for projects B-3179 and R-984B (US 29) will be coordinated to ensure that there is no time overlap. Environmental Commitments: 1. All standard measures will be implemented to avoid or minimize environmental impacts. The NCDOT's "Best Management Practices for Protection of Surface Waters" shall be adhered to. 2. In accordance with the provisions of Section 404 of the Clean Water Act (33 U.S.C. 1344) a permit will be required from the Corps of Engineers for the discharge of dredged or fill material into "Waters of the United States." A Corps of Engineers Nationwide Permit # 23 will be applicable for this project. 3. A North Carolina Division of Water Quality Section 401 Water Quality General Certification will be obtained prior to issue of the Corps of Engineers Nationwide Permit # 23. Estimated Costs: Total Construction Cost $500,000 Right-of-Way and Utilities 12,500 Total Project Cost $512,500 Estimated Traffic: Current - 4,300 VPD Design Year (2025) - 6,900 VPD , r Proposed Typical Roadway Section: The bridge and its approach roadway will retain the present dimensions. Traffic will be detoured onto other existing local roads during construction. Design Speed: The design speed will not be changed as a result of the deck replacement. Posted speed is expected to remain at 45 mph as currently posted. Functional Classification: SR 2526 is classified as a Rural Major Collector facility in the Statewide Functional Classification System. Division Office Comments: The Division Engineer supports road closure and detour of traffic off-site, provided that the construction times for projects B-3179 and R-984B (US 29) do not overlap. E. Threshold Criteria ECOLOGICAL YES NO (1) Will the project have a substantial impact on any unique or important natural resource? ? X (2) Does the project involve any habitat where federally listed endangered or threatened species may occur? ? X (3) Will the project affect anadromous fish? ? X (4) If the project involves wetlands, is the amount of permanent and/or temporary wetland taking less than one-third (1/3) acre and have all practicable measures X ? to avoid and minimize wetland takings been evaluated? (5) Will the project require use of U. S. Forest Service lands? X (6) Will the quality of adjacent water resources be adversely impacted by proposed construction activities? ? X 4 (7) Does the project involve waters classified as Outstanding Resource Waters (ORW) and/or High Quality Waters (HQW)? ? X (8) Will the project require fill in waters of the United States in any of the designated mountain trout counties? ? X (9) Does the project involve any known underground storage tanks (UST's) or hazardous materials sites? ? X PERMITS AND COORDINATION YES NO (10) If the project is located within a CAMA county, will the project significantly affect the coastal zone and/or any "Area of Environmental Concern" (AEC)? ? X (11) Does the project involve Coastal Barrier Resources Act resources? ? X (12) Will a U. S. Coast Guard permit be required? ? X (13) Will the project result in the modification of any existing - regulatory floodway? F 1 X (14) Will the project require any stream relocations or channel changes? ? X SOCIAL, ECONOMIC, AND CULTURAL RESOURCES YES NO (15) Will the project induce substantial impacts to planned growth or land use for the area? ? X (16) Will the project require the relocation of any family or business? ? X (17) Will the project have a disproportionately high and adverse human health and environmental effect on any minority or ? X low-income population? - (18) If the project involves the acquisition of right of way, is the amount of right of way acquisition considered minor? X (19) Will the project involve any changes in access control? X 5 (20) Will the project substantially alter the usefulness and/or land use of adjacent property? F-1 X_ (21) Will the project have an adverse effect on permanent local traffic patterns or community cohesiveness? ? X (22) Is the project included in an approved thoroughfare plan and/ or Transportation Improvement Program (and is, therefore, in conformance with the Clean Air Act of 1990)? ? X (23) Is the project anticipated to cause an increase in traffic - volumes? 1 X F (24) Will traffic be maintained during construction using existing - roads, staged construction, or on-site detours? x F 1 (25) If the project is a bridge replacement project, will the bridge ? be replaced at its existing location (along the existing facility) X and will all construction proposed in association with the bridge replacement project be contained on the existing facility? (26) Is there substantial controversy on social, economic and environmental grounds concerning aspects of the action? ? X (27) Is the project consistent with all Federal, State, and local laws ? relating to the environmental aspects of the project? X (28) Will the project have an "effect" on structures/properties eligible for or listed on the National Register of Historic Places? ? X (29) Will the project affect any archaeological remains which are important to history or pre-history? - (30) Will the project require the use of Section 4(f) resources (public parks, recreation lands, wildlife and waterfowl refuges, historic sites or historic bridges, as defined in Section 4(f) of the U. S. Department of Transportation Act of 1966)? ? X (31) Will the project result in any conversion of assisted public recreation sites or facilities to non-recreation uses, as defined by Section 6(f) of the Land and Water Conservation Act ? X of 1965, as amended? (32) Will the project involve construction in, across, or adjacent to a river designated as a component of or proposed for inclusion in the natural Wild and Scenic Rivers? F-1 X 6 F. Additional Documentation Required for Unfavorable Responses in Part E In reference to Threshold Criteria No. 29, The State Historic Preservation Office (SHPO) has recommended that no historic or archeological surveys be performed. G. CE Approval TIP Project No. State Project No. Federal Project No B-3179 8.2493901 MABRZ-2526(2) Project Description: NCDOT will replace the deck of Bridge No. 459 in Guilford County. Bridge No. 459 carries SR 2526 over Reedy Fork Creek. The bridge and its approach roadway will retain the present dimensions. Traffic will be detoured onto other existing local roads during construction. Categorical Exclusion Action Classification: X TYPE INA) TYPE II(B) Approved: T7 -?? 9? O Date Assistant Manager Planning and Environmental Branch 9e, V) ?J! f 11 Date Project Planning Unit Head Planning and Environmental Branch r 7 2 Date Project Planning Engineer Planning and Environmental Branch For Type II(B) projects only: Not Required Date Division Administrator Federal Highway Administration 8 N 40000 Studied Detour Route domi North Carolina Department of - Transportation Division of Highways Project Development & Environmental \?a Analysis Branch Guilford County Bridge No. 459 on SR 2526, Over Reedy Fork Creek Replace Bridge Deck B-3179 Figure 1 S%* 0 North Carolina Department of Cultural Resources James B. Hunt Jr., Governor Betty Ray McCain, Secretary December 16, 1997 Nicholas L. Graf Division Administrator Federal Highway Administration Department of Transportation 310 New Bern Avenue Raleigh, N.C. 27601-1442 Re: Bridge #459 on US 29 over Reedy Fork Creek, Guilford County, B-3179, Federal Aid Project MABRZ-2526(2), State Project 8.2493901, ER 98-7698 Dear Mr. Graf: Division of Archives and History Jeffrey J. Crow, Director We regret staff was unable to attend the scoping meeting for the above project or. November 4, 1997. However, Debbie Bevin met with Dennis Pipkin of the North Carolina Department of Transportation (NCDOT) on December 2, 1997, to discuss the project and view the project photographs and aerial. Based upon our review of the photographs and the information discussed at the meeting, we offer our preliminary comments regarding this project. In terms of historic architectural resources, we are aware of no historic structures located within the -area of potential effect. We recommend that no historic architectural survey be conducted for this project. There are no known archaeological sites within the proposed project area. Based on our present knowledge of the area, it is unlikely that any archaeological resources which may be eligible for inclusion in the National Register of Historic Places will be affected by the project construction. We, therefore, recommend that no archaeological investigation be conducted in connection with this project. Having provided this information, we look forward to receipt of either a Categorical Exclusion or Environmental Assessment which indicates how NCDOT addressed our comments. The above comments are made pursuant to Section 106 of the National Historic Preservation Act of 1966 and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106, codified at 36 CFR Part 800. 104 Enst Jones Street • Ra'ei_h. C?rohna 2-7601-=507 Nicholas L. Graf December 16, 1997, Page 2 Thank you for your cooperation and consideration. If concerning the above comment, please contact Renee review coordinator, at 919/733-4763. Sincerely, David Brook Deputy State Historic Preservation Officer DB:slw cc: " . F. Vick B. Church T. Padgett you have questions Gledhill-Earley, environmental Proposed replacement of Bridge No. 459 on SR 2526 over Reedy Fork Creek Natural Resources Technical Report TIP No. B-3179 State Project No. 8.2493901 Federal Aid Project No. MABRZ-2526(2) North Carolina Department of Transportation Division of Transportation Project Development and Environmental Analysis Natural Systems Unit Shannon Simpson, Environmental Biologist 29 January, 1999 TABLE OF CONTENTS 1.0 INTRODUCTION .................................................................... ...................................1 1.1 Project Description .............................................................. ...................................1 1.2 Definitions ............................................................................ ...................................1 1.3 Purpose ............................................................................... ...................................1 1.4 Methodology ........................................................................ ...................................2 1.5 Investigator Credentials ....................................................... ...................................2 2.0 PHYSICAL RESOURCES ...................................................... ...................................2 2.1 Soils ..................................................................................... ...................................3 2.2 Water Resources ....................................................................................................3 2.2.1 Characteristics of Water Resources ............................. ................................... 3 2.2.2 Best Usage Classification .............................................. ..................................4 2.2.3 Water Quality ....................................................................................................4 2.2.4 Summary of Anticipated Impacts .....................................................................5 3.0 BIOTIC RESOURCES ............................................................. ..................................5 3.1 Terrestrial Communities ........................................................ ..................................E 3.1.1 Mixed Pine Hardwood Fores'L ..........................................................................6 3.1.2 Riparian Fringe ..........................................:................... ..................................7 3.2 Aquatic Community .............................................................. ..................................7 3.3 Impacts To Communities ........................................................................................ 8 4.0 JURISDICTIONAL ISSUES ..................................................... ..................................g 4. 1.1 Characteristics of Surface Waters and Wetlands .......... ................................10 4.1.2 Summary of Anticipated Impacts to Waters of the United States ..................10 4.1.3 Permits .......................................................................... ................................10 4.1.3 Avoidance, Minimization, Mitigation .............................. ................................10 4.2 Rare and Protected Species ................................................. ................................12 4.2.1 Federally-Protected Species ......................................... ................................12 4.2.2 Federal Species of Concern and State Listed Species . ................................13 5.0 REFERENCES ........................................................................ ................................13 TABLES AND FIGURES List of Figures Figure 1: Project Location Figure 2: Waters of the United States List of Tables Table 1: Soils in the Project Area 1.0 INTRODUCTION The following Natural Resources Report is to assist in the preparation of a Categorical Exclusion (CE) for the subject project. Water resources, biotic resources and jurisdictional issues such as wetlands and federally protected species are included in this report. 1.1 Project Description This project involves replacing Bridge No. 459 on SR 2526 over Reedy Fork Creek in Guilford County (Figure 1). The existiing right-of-way (ROW) is an estimated 18.3 m (60.0 ft). No additional ROW will be acquired. The existing cross section is a two lane shoulder section and the proposed cross section is a two lane bridge deck replacement. The existing structure is a reinforced concrete deck on reinforced concrete post and beam bents built in 1961. The proposed structure type is a bridge deck replacement. The total length of the project is approximately 152.4 m (1200.0 ft.) (Alt. 2) to approximately (900.0 ft.) (Alt. 3). Three alternates are proposed for detouring traffic: Alternate 1: The bridge deck will be replaced with traffic detoured on other local roads. Alternate 2: The bridge deck will be replaced with traffic maintained by an on-site detour using US 29. Alternate 3: The bridge deck will be replaced with traffic maintained by using a temporary bridge to the west of the existing bridge. 1.2 Definitions Definitions for areal descriptions used in this report are as follows: Project Study Area denotes the area bounded by proposed ROW limits; Project Vicinity describes an area extending 0.8 km (0.5 mi) on all sides of the project study area; and Project Region is equivalent to an area represented by a 7.5 minute USGS quadrangle map. 1.3 Purpose The purpose of this technical report is to inventory, catalog and describe the various natural resources likely to be impacted by the proposed action. In addition, this report attempts to identify and estimate the probable consequences of the anticipated impacts to these resources. Recommendations are made for measures which will minimize resource impacts. These descriptions and estimates are relevant only in the context of existing preliminary design concepts. If design parameters and criteria change, additional field investigations will need to be conducted. 0000* 10 ??of NOR7H Cg9O North Carolina Department of Transportation Division of Highways Planning & Environmental Branch Of TA1, Guilford County Bridge No.459, Rehabilitate Bridge Deck on SR 2526 over Reedy Fork Creek B-3179 Fi,,ure One , VI .5 4'?-g 110 0 IUN J ?- _'? p 1 ?13 r I' a ? 75 vA ?? ?? /???li ? ? ,??? . it ?, •? , ? ?1 V ?. .. 679 l? > ?_ ? ! Sao ` ' 738 / . ??? ??? ° /' \ /??' ?• `'' • 1. •..I _ l , ???? _ ?- r ? ( I lat_,Grav011; ?? ? `"?; ? r , i. -_ .• ?'. , -:.. ? ,! 'I `? /F "OflTry c NORTH CAROLINA DEPARTMENT OF 0 ?'??1?? TRANSPORTATION DIVISION OF HIGHWAYS ?I C?j 0 cif ?11? ?, •? C?? ?TORJANgQ / PLANNING & ENVIRONMENTAL BRANCH 848 GUILFORD COUNTY BRIDGE NO. 459 ON SR 2526 OVER REEDY FORK CREEK ( l TIP PROJECT B-3179 FIGURE TWO 1.4 Methodology Information sources used in pre-field investigation of the study area include: US Geological Survey (USGS) quadrangle map (Brown Summit), NCDOT aerial photographs of the project area (1:1200), and Soil Survey of Guilford County (United States Department of Agriculture, 1970). Water resource information was obtained from publications of the Department of Environment, and Natural Resources (DENR,1997) and from the Environmental Sensitivity Base map of Guilford County (NC Center for Geographic Information and Analysis, 1995). Information concerning the occurrence of federal and state protected species in the study area was obtained from the Fish and Wildlife Service (FWS) list of protected and federal species of concern (15 January 1999) and the NC Natural Heritage Program (NHP) database of rare species and unique habitats. General field surveys were conducted along the proposed alignment by NCDOT biologist Shannon Simpson and Logan Williams on January 7, 1999. Plant communities and their associated wildlife were identified and noted. Wildlife identification involved using a variety of observation techniques: active searching and capture, visual observations (binoculars) and identifying characteristic signs of wildlife (sounds, scat, tracks and burrows). Organisms captured during these searches were identified and then released. Terrestrial community classifications generally follow Shafale and Weakley (1.990) where appropriate, and plant taxonomy follows Radford et a/.(1968). Animal taxonomy follows Robbins et al. (1966), Men henick (1991), Potter et al. (1980), Palmer and Braswell (1995), and Webster et al. (1985). Vegetative communities were mapped utilizing aerial photography of the project site. Jurisdictional wetland determinations were performed utilizing delineation criteria prescribed in the "Corp of Engineers Wetland Delineation Manual" (Environmental Laboratory, 1987). 1.5 Investigator Credentials Investigator: Shannon L. Simpson, Environmental Specialist Education: B.S. Environmental Studies (Natural Resource Management), University of North Carolina at Asheville (1997) Experience: North Carolina Department of Transportation Jan. 1998-present 2.0 PHYSICAL RESOURCES Soil and water resources which occur in the study area are discussed below. Soil type and availability of water directly influence the composition and distribution of flora and fauna in biotic communities. 3 2.1 Soils Guilford County is located in the Piedmont of North Carolina. The most current soil survey for Guilford County is dated December 1977. The project is located in the Cecil-Madison soil association. The Cecil-Madison soil association is characterized by gently sloping and sloping, well drained soils that have a sandy clay loam, clay loam, and clay subsoil. It is found on uplands. There are two soil map units in the immediate project area. Table 1 provides an inventory of these soils including percent slope and the hydric classification. A brief description of where these soils occur in the landscape follows Table 1. Table 1. Soils in the Project Area. Soil Map Unit Percent Slope Hydric Classificatior. Coronaca clay loam (CrC) 6-10% non-hydric Madison clay loam (McE2) 15-25% non-hydric • Coronaca clay loam (CrC) is a well drained soil found on smooth side slopes. Permeability is moderate, available water capacity is medium, and the shrink-swell potential is moderate. Slope, runoff, and moderate permeability are the main limitations in the use and management of this soil. Seasonal high water table is at a depth of > 6ft. • Madison clay loam (McE2) is a well drained soil found on long, narrow upland side slopes adjacent to streams. Permeability is moderate, available water capacity is low, and the shrink-swell potential is low. Slope, runoff, erosion, permeability, and mica content are the main limitations in the use and management of this soil. The seasonal high water table is at a depth of > 6ft. 2.2 Water Resources This section contains information concerning those water resources likely to be impacted by the project. Water resource information encompasses physical aspects of the resource, its relationship to major water systems, Best Usage Standards and water quality of the resources. Probable impacts to these water bodies are also discussed, as are means to minimize impacts. 2.2.1 Characteristics of Water Resources Water resources in the project area are located in subbasin 30602 of the Cape Fear River basin. The only water resource in the project area is Reedy Fork Creek (Figure 2). The stream is approximately 10.7 m (35.0 ft) wide and 0.6 m (2.0 ft) deep. The substrate consists of cobble, silt, gravel, and boulder. The creek has a low flow 4 and poor clarity. Bridge No. 459 lies 45.7 m(150.0 ft) downstream of the dam for Hardys Mill Pond. 2.2.2 Best Usage Classification Streams have been assigned a best usage classification by the Division of Water Quality (DWQ). The best usage classification for Reedy Fork Creek (DWQ Index No. 16-11-(9), 8/3/92) is Class C NSW. Class C waters are suitable for aquatic life propagation and survival, fishing, wildlife, secondary recreation, and agriculture. NSW is a supplemental classification designating nutrient sensitive waters which require limitations on nutrient inputs. Neither High Quality Waters (HQW), Water Supplies (WS-I or WS-11) nor Outstanding Resource Waters (ORW) occur within 1.6 km (1.0 mi) of the project study area. 2.2.3 Water Quality The DWQ has initiated a whole basin approach to water quality management fcr the 17 river basins within the state. To accomplish this goal the DWQ collects biological, chemical and physical data that can be used in basinwide assessment and planning. Likewise, benthic macro irive rtebrates are intensively sampled for specific river basins. Benthic macro i nverteb rates have proven to be a good indicator of water quality because they are sensitive to subtle changes in water quality, have a relatively long life cycle, are nonmobile (compared to fish) and are extremely diverse. The overall species richness and presence of indicator organisms help to assess the health of streams and rivers. River basins are reassessed every five years to detect changes in water quality and to facilitate (NPDES) permit review. A monitoring site is located on Reedy Fork Creek 8.4 km (5.2 mi) downstream of the project at SR 2728. The bioclassification at this sample site was recorded as good-fair on 7/13/93. The North Carolina Index of Biotic Integrity (NCIBI) is a method for assessing a stream's biological integrity by examining the structure and health of its fish community. The NCIBI summarizes the effects of all classes of factors influencing aquatic faunal communities. The index incorporates information about species richness and composition, trophic composition, fish abundance, and fish condition (DEM 1995). The assessment of biological integrity using the NCIBI is provided by the cumulative assessment of 12 parameters (metrics). The values provided by these metrics are converted into scores on a 1, 3, 5 scale. A score of 5 represents conditions expected for undisturbed streams in the specific river basin or ecoregion, while a score of 1 indicates that the conditions vary greatly from those expected in an undisturbed stream of the region. The scores are summed to attain the overall NCIBI score (DEM, 1995). The NCIBI score is then assigned an integrity class which ranges from No Fish to Excellent. The NCIBI rating recorded on 11/3/93 for Reedy Fork Creek where it intersects SR 2728 is good. Point source dischargers located throughout North Carolina are permitted through the National Pollutant Discharge Elimination Service (NPDES) program. Any discharger is required to register for a permit. Wysong & Miles Company discharges from two pipes (Permit No. NCG510125, Date 11/1/93) into an unnamed tributary of Reedy Fork Creek mjles downstream of the project. Local programs to control non- point source and stormwater discharge of pollution are required. 2.2.4 Summary of Anticipated Impacts Project construction may result in a number of impacts to water resources, such as • Increased sedimentation and siltation from construction and/or erosion. • Changes in light incidence and water clarity due to increased sedimentation and vegetation removal. • Alteration of water levels and flows due to interruptions and/additions to surface and ground water flow from construction. • Changes in water temperature due to vegetation removal. • Increased concentration of toxic compounds from highway runoff, construction and toxic spills. Recommendations: NCDOT Best Management Practices for protection of surface waters are recommended and must be implemented prior to construction and maintained throughout the life of the project. Non-point sediment sources should be identified and efforts made to control sediment runoff. 3.0 BIOTIC RESOURCES Biotic resources include aquatic and terrestrial ecosystems. This section describes those ecosystems encountered in the study area as well as the relationships between fauna and flora within these ecosystems. Composition and distribution between biotic communities throughout the project area are reflective of topography, hydrologic influences and past and present land uses in the study area. Descriptions of the terrestrial systems are presented in the context of plant community classifications. Community types were identified by NCDOT biologists Shannon Simpson and Logan Williams during a field visit on September 8, 1998. Dominant flora and fauna observed, 6 or likely to occur, in each community are described and discussed. Fauna observed during the site visit are denoted with an asterisk (*). Scientific nomenclature and common names (when applicable) are provided for each animal and plant species described. Subsequent references to the same organism will include the common name only. 3.1 Terrestrial Communities Community descriptions are based on observations of the general vegetation in or near the project ROW. Two distinct terrestrial communities were identified in the project study area: mixed pine hardwood forest and riparian fringe. 3.1.1 Mixed Pine Hardwood Forest. Mixed Pine Hardwood is found on the upper slopes of the stream bank. The portion of this community which lies within the ROW will be impacted by the replacement of the bridge. Dominant woody species observed in this community include red cedar (Juniperus virginiana), Virginia pine (Pinus virginiana), and sweet gum (Liquidambar styraciflua). Shrub and vine species include blackberry (Rubus argutus), box wood (Buxus sp.), multifloral rose (Rosa multiflora), greenbrier (Smilax glauca) and greenbrier (Smilax rotundifolia). The mixed pine hardwood community provides forage and nesting habitat for a variety of avian species. Tufted titmouse* (Parus bicolor) and Carolina chickadee* (P. atricapillus) flock together in mixed decidous forests. White breasted nuthatch* (Sitta carolinensis), brown creeper (Certhia familiaris) and black-and-white warbler (Mniotilta varia) forage for insects among the bark of trees. Carolina wren* (Thryothorus ludovicianus), downy woodpecker (Picoides pubescens)* and the ovenbird (Seiurus aurocapillus) are also common. Mammals which are found in forested communities include Virginia opossum (Didelphis virginiana), white tailed deer (Odocoileus virginianus) and raccoon (Procyon lotor). The raccoons diet is comprised of fish, crayfish and birds. The southeastern shrew (Sorex longirostris), least shrew (Cryptotis parva), gray squirrel* (Sciurus carolinensis) and eastern mole (Scalopus aquaticus) may also be found. In addition, the red fox (Vulpes vulpes) may utilize open forested areas and adjacent farmlands and old fields. It forages extensively on rodents for its food, but its diet may include insects and plants in the summer. The American toad, fowler's toad (B. woodhousei) and graytree frogs (Hyla versicolor and H. chrysoscelis) can be expected to occur in this community. Among the widely distributed reptiles likely to be encountered are the five-lined skink (Eumeces fasciatus), black rat snake, rough green snake (Opheodrys aestivus), and ring-necked 7 snake (Diadophis punctatus). Copperheads (Agkistrodon contortrix), which are important predators of small mammals, are common in forested areas. 3.1.2 Riparian Fringe The riparian fringe is located near the bottom of the stream bank. Dominant tree species include sycamore (Plantanus occidentalis), sweet gum, black walnut (Juglans nigra), black birch (Betula lenta), and silky dogwood (Comus amomum). The herb layer includes bamboo grass (Microstegium vimineum), wild rye (Elymus virginicus), winged elm (Ulmus alata), goldenrod (Solidago sp.), calico aster (Aster lateriflorus), brome grass (Bromus purgans), and love vine (Cuscuta sp.). Vines are prominent and include Japanese honeysuckle (Lonicera japonica), greenbrier, and poison ivy (Toxicodendron radicans). Mammals likely to be found in this community are racoon, Virginia opossum, and white footed mouse. Riparian fringe provides habitat for amphibian and reptile species such as northern cricket frog (Acris crepitans), black rat snake, copperhead, and eastern hognose snake (Heterodon platyrhinos). Many avian species can be found i? this community. Cardinal (Cardinalis cardinalis)*, yellow-rumped warbler (Dendroica coronata)*, and white-throated sparrow (Zonotrichia albicollis)' are common in brushy edge communities and thickets. Ruby-crowned kinglet (Regulus calendula)" was also observed in this community. 3.2 Aquatic Community Bridge No. 459 crosses Reedy Fork Creek which is a perennial stream. Physical processes such as flow variability, channel structure and substrate have a tremendous influence on the ecology of streams. Physical processes in addition to the chemistry and temperature of the stream water have a profound influence on the aquatic biota that the stream is capable of supporting. A perennial stream is a water source that normally flows year round. These streams are constantly replenished by ground water. Perennial streams like the ones found in the project study area support a diverse array of aquatic organisms. Amphibians, in particular, are highly water dependent for completion of larval stages in their life cycle. Some species are totally aquatic while others are only aquatic during the larval stage. Totally aquatic amphibians associated with medium sized perennial streams in the piedmont include three-lined salamander (Eurycea guttolineata) and northern dusky salamander (Desmognathus fuscus). In addition, green frog (Rana clamitans) and pickerel frog (R. palustris) occur in or adjacent to the streams. Amphibians, especially salamanders are important predators of aquatic insects. Common reptiles which are known from this area include the banded water snake (Nerodia fasciata) and queen snake (Regina. septemvittata). The banded water snake is known to feed on fish and amphibians. 3 A number of aquatic insect species are well adapted for life in flowing water. They utilize several different techniques for gathering food including grazing, filter feeding, shredding and perdition. The major source of energy for medium sized perennial streams comes from the leaves which enter the stream during the fall. Leaves are invaded by bacteria and fungi which begin the break down of cellulose into particulate matter. Grazing insects including mayflies (Stenonema sp.) and (Ephemerella sp.) feed on the bacteria and fungus growing on the leaves. Shredders including cranefly larvae (Tipula sp.) also contribute greatly to the decomposition of leaves into particulate matter. Filter feeding insects observed during the site visit include net making caddisflies (Cheumatopsyche sp. and Hydopsyche sp.) which capture detritus from the current with specially designed nets. The insectivorous larvae of the hellgrammite (Corydalus comutus) is an important predator in the perennia: stream. Aquatic insect larvae provide an ample source of food for a number of fish species. Creek chub (Semotilus atromaculatus). tessellated darter (Etheostoma olmstedi), blue gill (Lepomis macrochirus) and swallowtail shiner (Notropis procne) are common in medium sized streams in the Yadkin-Pee Dee River drainage. Good habitat for green sunfish (Lepomis cyanellus) also occurs. The diet of green sunfish includes aquatic insects and small fish. 3.3 Impacts To Communities Construction of the subject project will have various impacts on the biotic resources described. Any construction related activities in or near these resources have the potential to impact biological functions. This section qualifies and quantifies impacts to the natural resources in terms of area impacted and ecosystems affected. Temporary and permanent impacts are considered here as well. Calculated impacts to terrestrial resources reflect the relative abundance of each community present in the study area. Project construction will result in clearing and degradation of portions of these communities. Estimated impacts are derived using the entire proposed ROW. Usually, project construction does not require the entire ROW; therefore, actual impacts may be considerably less. The calculation of impacts is based on a ROW of 18.3 m (60.0 ft) and a project length of 274.3 m (900.0 ft) (Alt. 3) to 365.8 (1200.0 ft) (Alt. 2). It is estimated that approximately 0.04 ha (0.10 ac) of mixed pine hardwood forest and 0.01 ha (0.03 ac) of riparian fringe will be impacted by this project. Impacts to terrestrial communities will occur in the form of habitat reduction in the process of filling, clearing, grading and surfacing during construction. Portions of the maintained/disturbed roadside community will be completely destroyed during construction, but will eventually re-establish after construction has ended. This will 9 result in a temporary loss of habitat for small animals and predators that utilize open areas. The edges of other communities will be taken, thus reducing the total natural habitat in the project area. This bottomland hardwood area serves an important function as wildlife habitat and a corridor for wildlife movement. The calculated impacts given predict only the direct taking of land and community types during highway construction. There may be a number of indirect effects which could occur. This damage could potentially include: - soil compaction and root exposure and injury - placing fill dirt over tree root systems - spillage of harmful substances - skinning of trees by machinery Precautions need to be taken in order to avoid these potential impacts. The replacement of a bridge is a potential source of stream modifications. Even temporary fill into wetlands can cause serious environmental impacts. Extreme care must be exercised during these activities. It is anticipated that permanent and temporary impacts to aquatic communities will occur from increased sedimentation anc loss of habitat. Sedimentation covers benthic organisms inhibiting their abilities to feed and obtain oxygen. Filter feeders may be covered by the sedimentation, thus preventing their ability to.feed. Increased sediment loads and suspended particulates can lead to the smothering of fish eggs, reduced depth of light penetration in the water column, reduction of dissolved oxgen and alterations in water temperature. Increased light penetration from removal of streamside vegetation may also increase water temperatures. Warmer water contains less oxygen and results in a reduction of aquatic life dependent on high oxygen concentrations. Increased sediment and pollution from highway construction activity and runoff pollution after construction are widely recognized as factors that can seriously reduce water quality. Aquatic organisms are generally extremely sensitive to these inputs. Best Management Practices must be implemented during the construction phase of this project to lessen impacts to aquatic organisms. 4.0 JURISDICTIONAL ISSUES This section provides descriptions, inventories and impact analysis pertinent to two important issues: Waters of the United States and rare and protected species. Surface waters and jurisdictional wetlands fall under the broad category of "Waters of the United States," as defined Section 33 of the Code of Federal Register (CFR) Part 328.3. Wetlands, defined in 33 CFR 328.3, are those areas that are inundated or saturated by surface or ground water at a frequency and duration to sufficient to support, and under normal circumstances do support, a prevalence of vegetation typically adapted to life in saturated conditions. Any action that proposes to place fill material into these areas falls under the jurisdiction of the U.S. Army Corps of Engineers (COE) under Section 404 of the Clean Water Act (CWA) (33 U.S.C. 1344). 4.1.1 Characteristics of Surface Waters and Wetlands Potential wetland communities were evaluated using the criteria specified in the 1987 "Corps of Engineers Wetlands Delineation Manual". For an area to be considered a "wetland", the following three specifications must be met: 1) presence of hydric soils (low soil chroma values), 2) presence of hydrophytic vegetation, and 3) evidence of hydrology, including saturated soils, stained leaf litter, oxidized rhizospheres, matted vegetation, high water marks on trees, buttressed tree bases and surface roots. 4.1.2 Summary of Anticipated Impacts to Waters of the United States No jurisdictional wetlands will be impacted by this project. One jurisdictiona, surface water, Reedy Fork Creek, will be impacted by the replacement of bridge No. 459. Discussion of the biological, physical and water quality aspects of this stream is presented in previous sections of this report. 4.1.3 Permits Encroachment into surface waters as a result of project construction is inevitable. Since the project is classified as a Categorical Exclusion (CE) a Nationwide Permit 33 CFR 330.5 (a)(23) is likely to be applicable for the proposed construction. This permit authorizes any activities undertaken, assisted, authorized, regulated, funded or financed, in whole or in part, by another federal agency or department has determined pursuant to the Council on Environmental Quality regulation 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 the office of the Chief of Engineers has been furnished notice of the agency's or department's application for the CE and concurs with that determination. A Section 401 General Water Quality Certification is required for any activity which may result in a discharge and for which a federal permit is required. State permits are administered through the Department of Environment, Health and Natural Resources (DEHNR). 4.1.3 Avoidance, Minimization, Mitigation The Corps of Engineers (COE) has adopted through the Council on Environmental Quality (CEQ) a wetland mitigation policy which embraces the concept of "no net loss of wetlands" and sequencing. The purpose of this policy is to restore and maintain the chemical, biological, and physical integrity of Waters of the United States, specifically wetlands. Mitigation of wetland impacts has been defined by the CEQ to include: Avoiding impacts (to wetlands), minimizing impacts, rectifying impacts (40 CFR 1508.20). Each of these three aspects (avoidance, minimization and compensatory mitigation) must be considered sequentially. Avoidance mitigation examines all appropriate and practical possibilities of averting impacts to Waters of the United States. According to a 1990 Memorandum of Agreement (MOA) between the Environmental Protection Agency (EPA) and the COE, in determining "appropriate and practical" measures to offset unavoidable impacts, such measures should be appropriate to the scope and degree of those impacts and practical in terms of cost, existing technology and logistics in light of overall project purposes. Minimization includes the examination of appropriate and practical steps tc reduce the adverse impacts to Waters of the United States. Implementation of these steps will be required through project modifications and permit conditions. Practical means to minimize impacts to surface waters and wetlands impactec by the proposed project include • Decreasing the footprint of the proposed project through the reduction of median width, ROW widths, fill slopes and/or road shoulder widths. • Installation of temporary silt fences, earth berms, and temporary ground cover during construction. • Strict enforcement of sedimentation and erosion control BMP's for the protection of surface waters and wetlands. • Reduction of clearing and grubbing activity in and adjacent to water bodies. Compensatory mitigation is not normally considered until anticipated impacts to Waters of the United States have been avoided and minimized to the maximum extent possible. It is recognized that "no net loss of wetlands" functions and values may not be achieved in each and every permit action. Appropriate and practicable compensatory mitigation is required for unavoidable adverse impacts which remain after all appropriate and practicable minimization has been required. Compensatory actions often include restoration, creation, and enhancement of Waters of the United States. Such actions should be undertaken in areas adjacent to or contiguous to the discharge site. l.' Authorizations under Nationwide Permits usually do not require compensatory mitigation according to the 1989 MOA between the EPA and the COE. Final decisions concerning compensatory mitigation rests with the COE. 4.2 Rare and Protected Species Some populations of fauna and flora have been in the process of decline either due to natural forces or their inability to coexist with humans. Federal law (under the provisions of the Endangered Species Act of 1973, as amended) requires that any action, likely to adversely affect a species classified as federally-protected, be subject to review by the Fish and Wildlife Service (FWS). Other species may receive additional protection under separate state laws. 4.2.1 Federally-Protected Species Plants and animals with federal classifications of Endangered, Threatened. Proposed Endangered, and Proposed Threatened are protected under provisions of Section 7 and Section 9 of the Endangered Species Act. As of January 15, 1999, one species is listed for Guilford County (U.S. Fish and Wildlife Service 1997). The bald eagle (Haliaeetus leucocephalus) is listed as Threatened. Threatened denotes a species which is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range. A summary of the species' natural history and distribution follows. Haliaeetus leucocephalus (bald eagle) Threatened Animal Family: Accipitridae Date Listed: March 11, 1967 Adult bald eagles can be identified by their large white head and short white tail. The body plumage is dark-brown to chocolate-brown in color. In flight bald eagles can be identified by their flat wing soar. Eagle nests are found in close proximity to water (within a half mile) with a clear flight path to the water, in the largest living tree in an area, and having an open view of the surrounding land. Human disturbance can cause an eagle to abandon otherwise suitable habitat. The breeding season for the bald eagle begins in December or January. Fish are the major food source for bald eagles. Other sources include coots, herons, and wounded ducks. Food may be live or carrion. Biological Conclusion No Effect Suitable habitat for the bald eagle does not exist within the project area or vicinity. A small pond lies adjacent to the project but is not large enough to provide habitat for the bald eagle. The NCNHP database of rare and protected species does 13 not list any populations of bald eagle within 1.6 km (1.0 mi) of the project area. This project will not affect bald eagle. 4.2.2 Federal Species of Concern and State Listed Species Federal Species of Concern (FSC) are those plant and animal species which may or may not be listed in the future. These species were formerly candidate species, or species under consideration for listing for which there was insufficient information to support a listing of Endangered, Threatened, Proposed Endangered, or Proposed Threatened. Federal Species of Concern are not afforded federal protection under the ESA and are not subject to any of its provisions, including Section 7, until they are formally proposed or listed as Threatened or Endangered. No FSC are listed for Guilford County. A review of the Natural Heritage Program database on September 4, 1998 revealed no populations of rare or protected species within 1.6 km (1.0 mi) of the project study area. 5.0 REFERENCES American Ornithologists' Union. 1983. Check-list of North American Birds (6th ed.). Lawrence, Kansas, Allen Press, Inc. Amoroso, J.L.and A.S. Weakley. 1997. Natural Heritage Program list of the rare plant species of North Carolina. North Carolina Natural Heritage Program. Environmental Laboratory. 1987. Corps of Engineers Wetlands Delineation Manual, "Technical report Y-87-1, U.S. Army Engineer Waterways Experiment Station, Vicksburg, Miss. Lee, D.S., J.B. Funderburg, Jr. and M.K. Clark. 1982. A distributional survey of North Carolina mammals. Raleigh, N.C. Museum of Natural History. LeGrand, Jr. H.E. and S.P. Hall. 1997. Natural Heritage Program list of the rare animal species of North Carolina. North Carolina Natural Heritage Program. Martof B.S., W.M.Palmer, J.R.Bailey and J.R. Harrison Ill. 1980. Amphibians and Reptiles of the Carolinas and Virginia. The University of North Carolina Press, Chapel Hill, NC. Menhinick, E.F. 1991. The Fresh Water Fishes of North Carolina. N.C. Wildlife Resources Commission, The Delmar Company, Charlotte, N.C. National Audubon Society, Inc. 1979. The Audubon Society Field Guide to North American Trees Eastern Regon. Alfred A. Knopf. New York. 14 National Audubon Society, Inc. 1979. The Audubon Society Field Guide to North American Wildflowers Eastern Region. Alfred A. Knopf. New York. National Audubon Society, Inc. 1979. The Audubon Socie Field Guide to North American Reptiles and Amphibians. Alfred A. Knopf. New York. NCDEHNR-DEM. 1991. Biological Assessment of Water Quality in North Carolina Streams: Benthic Macro invertabrate Data Base and Long Term Changes in Water Quality. 1983-1990. Radford, A.E., H.E. Ahles and G.R. Bell. 1968. Manual of the Vascular Flora of the Carolinas. The Univ. N.C.Press. Robbins, C.S., B. Bruun, and H.S. Zimm. 1966. A Guide to Field Identification Birds of North America. Golden Press. New York. Schafale, M.P. and A.S. Weakiey. 1990. Classifications of the Natural Communities of North Carolina. Third Approximation. NC Nat. Heritage Program. Div. of Parks and Rec., NC Dept.of Envir., Health and Nat. Resources. U.S. Dept. of Agriculture, Soil Conservation Service. 1984. Webster W.D., J.F. Parnell, W.C.Biggs. 1985. Mammals of the Carolinas, Virginia and Maryland.The University of North Carolina Press, Chapel Hill, N.C.