20010408 Ver 1_Complete File_20010425

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
Kerr T. Stevens, Director
April 25, 2001
Mr. Bill Gilmore, P.E., Manager
Planning and Environmental Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina, 27699-1548
Re: Permit Application for the widening and resurfacing of NC 210 from US 701 to NC 11 in Bladen
County
DWQ No. 010408; TIP No. R-4427.
Dear Mr. Gilmore:
The Division of Water Quality has reviewed your submittal for a 401 Water Quality Certification for the
aforementioned project. Review of your application revealed it lacking necessary information required for
making an informed permit decision. The permit application was deficient in the following areas:
There were no drawings that show the proposed impacts to jurisdictional waters,
There was not a complete listing of the project impacts.
Therefore, pursuant to 15A NCAC 2h.0507(a)(5), we will have to place the permit application on hold
until we are supplied the necessary information. Furthermore, until the information is received by the NC
Division of Water Quality, we request (by copy of this letter) that the US Army Corps of Engineers place
the permit application on hold.
Hopefully, we can work together to expedite the processing of your permit application. If you have any
questions or require additional information, please contact John Hennessy at 919-733-5694.
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hn R. Dorney
ater Quality C rtificat' n Program
cc: Ken Averitte, DWQ Fayetteville Regional Office
Dave Timpy, USACE
Central Files
File Copy
C:\ncdot\R-4427\correspondence\010408hld.doc
Wetlands/401 Unit 1621 Mail Service Center Raleigh, North Carolina 27699-1621
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?w ?STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY DAVID MCCOY
GOVERNOR SECRETARY
January 11, 2001
U. S. Army Corps of Engineers
Wilmington Regulatory Field Office
P. O. Box 1890
Wilmington, North Carolina 28402-1890 2 C `°
ATTN.: Mr. David Timpy "
NCDOT Coordinator
Dear Sir:
Subject: Application for Nationwide Permit 14.
Bladen County, Widening and Resurfacing of NC 210 from US 701 to NC 11, State
Project No. 81421301, T.I.P. No. R-4427.
The North Carolina Department of Transportation (NCDOT) proposes to widen NC 210 in
Bladen County from US 701 to NC 11. The project, approximately 28.6 miles in length, consists
of the widening the existing pavement by approximately 2 feet on both sides of the road and
resurfacing the road. This widening will require the extension of 30 culverts. Only four of the
sites will affect jurisdictional wetlands. The other 23 sites impact only streams and each of these
sites impacts less than 0.1 acres. The cumulative impact of these 23 stream sites is less than 0.1
acres in size. Impacts of less that 0.1 acres to jurisdictional streams qualify for a Nationwide 14
permit that will NOT require notification to either the USACE or the N.C. Division of Water
Quality as described in [FR March 9, 2000(Vol. 65, No. 47) page 12888]. Therefore, the stream
sites qualified for a Nationwide 14 permit with no notification. We have attached a copy of our
notification to NCDOT Division 6 Operations describing their responsibilities for the work at
these 23 sites.
This document is a Nationwide 14 application for the four sites that will impact
jurisdictional wetlands. The sites to be affected are listed is Table 1 and depicted on the enclosed
drawings. The footprint of the wetland impact at each site will be 200 square feet (<0.01 acres)
and the cumulative impact at all four sites will be 800 square feet (0.02 acres).
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RESOURCE STATUS
Wetlands and Streams: The jurisdictional status of the streams and wetlands was
conducted by Mr. Logan Williams on August 7, 2000 using the criteria specified in the 1987
Corps of Engineers Wetland Delineation Manual. The location of the sites are depicted on
Figure 1.
(1) Sites 1, 2 and 3 are located at mileposts 3.7, 5.6, and 63. They consist of streams
(UT to the Black River) and small streamside wetlands dominated by Polganum
sagittatum, Ludwigia alternifolia, and Scirpus cyperinus. The sites are tangles of
these species.
(2) (2) Site 4 is located at milepost 11.8. It consists of a streams (UT to the Black
River) and small streamside wetlands dominated by Itea virginica, Polganum
sagittatum, and Rhexia mariana.
Table 1. R-4427 Jurisdictional Wetland Sites
Site Milepost Structure Permanent Wetland Stream Data
Impacts (ac) DWQ Index No.
1 3.7 3-48" CMP <0.01 UT to South River
18-68-12-(8.5)
2 5.9 2-42" RCP <0.01 UT to South River
18-68-12-(8.5)
3 6.3 1-36" RCP <0.01 UT to South River
18-68-12-(8.5)
4 11.8 1-36" RCP <0.01 UT to South River
18-68-12-(8.5)
TOTAL 0.018
Endangered Species: Plants and animals with Federal classification of Endangered (E) or
Threatened (T) are protected under provisions of Section 7 and Section 9 of the Endangered
Species Act of 1973, as amended. As of June 16, 2000, the U.S. Fish and Wildlife Service
(Service) lists six federally protected species for Bladen County (Table 2).
Table 2. Federally Protected Species for Bladen County
SCIENTIFIC NAME COMMON NAME STATUS
Aci enser brevirostrum Shortnose sturgeon E
Alligator mississi iensis American alligator T S/A
Picoides borealis red-cockaded woodpecker E
Lindera melissi olia pondberry E
L simachia as erulae olia rough-leaved loosestrife E
Schwalbea americana American chaffseed E
"E" denotes Endangered (a species that is in danger of extinction throughout all or a significant
portion of its range).
T(S/A) -Threatened due to similarity of appearance, a species that is threatened due to similarity of
appearance with other rare species and is listed for its protection. These species are not biologically
endangered or threatened and are not subject to Section 7 consultation.

A biological conclusion of "No Effect" was reached for all species during the August 7,
2000 survey for protected species by Logan Williams. A copy of the field report is enclosed with
this permit application.
REGULATORY APPROVALS
Application is hereby made for a Department of the Army Nationwide 14 Permit as
required for the above-described activities. We are also hereby requesting a 401 Water Quality
Certification from the Division of Water Quality. In compliance with Section 143-215.3D(e) of
the NCAA we have enclosed a check for $200.00 to act as payment for processing the Section 401
permit application. We are providing seven copies of this application to the North Carolina
Department of Environment and Natural Resources, Division of Water Quality, for their review.
If you have any questions or need additional information please call Ms. Alice N. Gordon
at [phone] extension 288.
Sincerely,) /-
`l William D. Gilmore, P.E., Manager
Project Development & Environmental Analysis Branch
cc: w/attachment
Mr. David Franklin, Corps of Engineers, Wilmington Field Office
Mr. Garland Pardue, USFWS, Raleigh
Mr. N. L. Graf, P.E., FHWA
Mr. John Dorney, NCDENR, Division of Water Quality
Mr. Calvin Leggett, P.E. Program Development Branch
Ms. Deborah Barbour, P.E., Highway Design Branch
Mr. D. R. Henderson, P.E., Hydraulics Unit
Mr. Timothy V. Rountree, P.E., Structure Design Unit
Mr. John Alford, P.E., Roadway Design Unit
Mr. Terry Gibson, P.E., Division 6 Engineer
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JAMES B. HUNT JR.
GOVERNOR
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
DAVID MCCOY
SECRETARY
November 7, 2000
MEMORANDUM TO
FROM:
SUBJECT:
Greg Burns, P.E.,
Division 6 Operations
Alice Gordon, Biologist
Natural Systems Unit
R-4427, NC 210 from US 701 to NC 11. Project No. 8.1421301.
Environmental Permits for Extension of Culverts associated with
R-4427.
The information sent by Division 6 (Greg Burns) on September 7, 2000 demonstrates that the
culvert extensions at the Mileposts listed in Table 1 will cumulatively impact less than 0.1 acres of
jurisdictional surface waters. Each site will impact less than 0.1 acres of jurisdictional surface
waters. There will be no impacts to jurisdictional wetlands at the sites listed in Table 1. Impacts
of less than 0.1 acres to jurisdictional streams qualify for a Nationwide 14 permit that will NOT
require notification to either the U. S. Corps of Engineers or the N.C. Division of Water Quality as
described in [FR March 9, 2000 (Volume 65, Number 47) page12888]. Therefore, no notification
is required to the United States Corps of Engineers or to the North Carolina Division of Water
Quality.
Please be advised that the replacement of a pipe by another pipe of similar size as at mileposts
5.2,7.9, 10. 1, and 10.4 qualifies for a Nationwide 3 permit. Although the Nationwide 3 permit and
the Nationwide 14 permit as described above do not require written confirmation from the
agencies, the NCDOT and its contractors are obliged to comply with the attached Nationwide
conditions. Please pay special attention to the Regional Conditions for the Nationwide 14 Permit,
which specify the design and method of construction of culverts. Copies of these conditions are
attached.
Table 1. Locations of Culvert Extensions that Qualify for a Nationwide 14 Permit with no
Notification
Milepost* Pipe Proposed Action Linear Feet of
Stream Impacted
5.0 1-24" RCP Extend 10 ` each side 20
5.6 1-36' RCP Extend 10 ` each side 20
6.6 1-54" CMP Extend 10 ` each side 20
6.9 1-24" RCP Extend 10 ` each side 20
8.2 1-30" RCP Extend 10 ` each side 20
8.7 2-36"RCP Extend 10' on downstream side only 10
8.9 1-42"RCP Extend 10 ` each side 20
9.0 1-36" RCP Extend 10' on downstream side only 10
9.1 1-24" RCP Extend 5' each side 10
9.3 1-36" RCP Extend 5' each side 10
9.5 2-36" RCP Extend 5" each side 10
9.6 1-24" RCP Extend 5' each side 10
9.8 1-36" RCP Extend 10' on upstream side only 10
10.2 2-42" RCP Extend 10' on downstream side only 10
11.4 1-24" RCP Extend 5' on upstream side only 5
11.8 1-36" RCP Extend 10' on upstream side only 10
11.9 1-30" RCP Extend 10' each side 20
12.4 1-42" RCP Extend 10' on downstream side only 10
14.7 1-24" RCP Extend 10' on upstream side only 10
17.0 1-48" RCP Extend 10' each side 20
19.9 1-24" RCP Extend 10' on downstream side only 10
20.2 1-36" RCP Extend 10' on downstream side only 10
23.1 1-24" RCP Extend 10' on downstream side only 10
TOTAL 305
*Distances for Mileposts begin at US 701
6
d?ST
J?
JAMES B. HUNT JR.
GOVERNOR
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
P.O. BOX 25201, RALEIGH, N.C.
27611-5201
October 23, 2000
Memorandum To
From:
Subject:
Greg Burns, P.E.
Division Operations Engineer
Logan Williams, Environmental Specialist
PD and EA Unit
DAVID MCCOY
SECRETARY
Protected Species Report for R-4427, NC 210 from US 701 to NC 11.
Project Number 8.142 Bladen County.
The subject project was surveyed for protected species on August 7, 2000. NCDOT
Division 6 personnel Greg Burns, Drew Cox and Carlos Smith were present during the survey to
provide specific information on project design. During the survey, streams and wetlands were
evaluated to determine whether they were jurisdictional. Specific information regarding stream
and wetland impacts were provided to Alice Gordon, NCDOT Environmental Specialist who
will be preparing the permit application for this project, by Greg Burns on September 7, 2000.
The proposed project will include 2 ft. widening numerous pavement widening on each
side of the roadway and resurfacing. To accommodate the 2-ft. widening numerous culverts will
require extending.
One terrestrial community will be impacted by the proposed project.
Maintained/disturbed lands are intensively managed where humans, structures, or activities
preclude natural plant succession. The roadside shoulder is the only terrestrial community that
will be impacted by the proposed project. Fescue (Festuca sp.), Richardia (Richardia sp.) and
Bermudagrass (Cynodon dactylon)comprise the dominant flora in this community.
Some populations of fauna and flora have been in the process of decline either due to
natural forces or their inability to coexist with man. 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.
7
Plants and animals with federal classifications of Endangered (E), Threatened (T),
Proposed Endangered (PE) and Proposed Threatened (T), Proposed Endangered (PE) and
Proposed Threatened (PT) are protected under provisions of section 7 and section 9 of the
Endangered Species Act of 1973, as amended. As of June 16, 2000, the FWS lists 6 federally
protected species for Bladen County. Table 1 lists the protected species and their status.
Table 1. Federally Protected Species for Bladen County
Scientific Name Common Name Status
Acipenser brevirostrum Shortnose sturgeon E
Alligator mississippiensis American alligator T(S/A)
Picoides borealis Red-cockaded woodpecker E
Lindera melissifolia Pondberry E
Lysimachia asperulaefolia Rough-leaved loosestrife E
Schwalbea americana American chaffseed E
t..- tnaangerea- a species in Ganger of extinction tnrougnout all or a sigmticant portion of its range.
"T(S/A)"- Threatened Due to Similarity of Appearance- a species similar in appearance to another rare
species and listed for its protection.
Name: Short-nosed sturgeon (Acipenser brevirostrum)
Family: Acipenseridae
Federal Status: Endangered
Listed: March 11, 1967
Characteristics:
The short-nosed sturgeon is a primitive fish ranging from 43-109 cm (17-43 in) in length
and characterized by having five rows of large, bony plates (scutes) separated by naked skin,
running the length of the body. The shortnose sturgeon differs from the closely related Atlantic
sturgeon (A. oxyrhynchus), by its smaller size (Atlantic sturgeon may reach 4.3 m [14 ft] in
length), short snout and the lack of scutes between the anal fin and the lateral row of scutes (Ross
et al. 1988).
Distribution and Habitat:
The overall range of the shortnose sturgeon extends along the east coast of North
America from the Saint John River, New Brunswick, Canada, to the Indian River, Florida. The
status and distribution of the shortnose sturgeon in North Carolina is poorly understood. Many
records of occurrence can not be validated and were possibly misidentified Atlantic sturgeons
(Ross et al. 1988). This species was previously thought.to be extinct from North Carolina
(Schwartz et al. 1977), until verified specimens were collected in the Pee Dee River along the
Anson/Richmond County line (part of the South Carolina Pee Dee River population) and in the
lower Cape Fear River in Brunswick County in 1985 and 1987 respectively (Ross et al. 1988). A
subsequent study of the distribution of the shortnose sturgeon in the Cape Fear River Basin
indicates that the species does utilize the Cape Fear River system, but is believed to be extremely
rare (Moser and Ross 1993).
Preferred habitat for adult shortnose sturgeon is found in coastal rivers and estuaries in
deep areas with soft, vegetated substrates (Ross et al. 1988). Diet consists of benthic
invertebrates, particularly mollusks and plant material. There are very few near-shore ocean
records and it appears that this species prefers waters of lower salinity than does the Atlantic
sturgeon (Gilbert 1989). Although generally considered anadromous, because of the avoidance
of high salinities, this species has been described as intermediate between fully anadromous and
potamodromous (Dadswell 1979, Buckley and Kynard 1985). Two entirely freshwater
populations have been recorded, in South Carolina and Massachusetts (Gilbert et. al 1989). This
avoidance of saline waters is believed to be "the single most important factor in limiting
extensive latitudinal coastal migrations in this species" (Gilbert 1989).
Spawning sites have been described as freshwater swamps or freshwater areas with fast
flow and rough bottoms (Dadswell et al. 1984). Upstream spawning migrations may cover great
distances, if unimpeded by dams, and have been documented to be over 120 miles (USFWS
1992). In the southern portions of the range, spawning occurs between January and April and
appears to be prompted by water temperature (Dadswell et al. 1984). Juveniles are generally
benthic and non-migratory, remaining in freshwater habitats until they attain a size of 45-cm fork
length or 2 to 8 years of age (Dadswell et al. 1984).
Threats to Species:
Overfishing, obstruction by dams to upstream spawning grounds, and water quality
degradation have been attributed to the decline of sturgeon in general along the Atlantic coast
(Van Den Avyle 1984, USFWS 1992). Moser and Ross (1993) reported that Lock and Dam #1
on the Cape Fear River appeared to block spawning migration of radio-telemetry tracked
shortnose sturgeon.
Biological Conclusion: No Effect
A survey of water bodies crossed by the proposed project was conducted on August 7,
2000. The streams crossed by the proposed project were not of sufficient depth to be utilized by
shortnose sturgeon. A review of the Natural Heritage program database of rare species and
unique habitats does not list this species in the project area. Therefore, project construction will
not impact this species.
Name: American alligator (Alligator mississippiensis)
Family: Alligatoridae
Federal Status: Threatened Due to Similarity of Appearance
Date Listed: June 4, 1987
Characteristics:
The alligator is a large aquatic reptile, measuring 1.8-5.8 meters in length, with a broadly
rounded snout, heavy body, laterally compressed tail, and a dark gray or blackish color. Young
are black with conspicuous yellow crossbands; the banding may occasionally persist on adults,
although very faintly. Unlike the American crocodile, the fourth tooth on the lower jaw of the
alligator fits in a notch in the upper jaw and is not exposed when the jaws are closed.
Distribution and Habitat:
9
The alligator can be found on the east coast of the United States from Tyrrell County,
North Carolina to Corpus Christi, Texas, and north in the Mississippi River drainage basin to
Arkansas and southeastern Oklahoma. Home ranges may vary considerably, with 3,162 acres for
males and 21 acres for females being average. Individuals can travel great. distances, both
overland and in the water, but males tend to travel more than females.
The alligator is found rivers, streams, canals, lakes, swamps, bayous, and coastal
marshes. Adult animals are highly tolerant of salt water, but the young are apparently more
sensitive, with salinities greater than 5 parts per thousand considered harmful. The diet consists
of anything of suitable size, including mammals, reptiles, amphibians, birds, fish, and
crustaceans.
Nesting takes place in late spring and early summer, with the female building a mound of
grass and other vegetation that may be two feet high and six feet across. The nest is usually
constructed near the water, in a shaded location. The clutch of 30-60 (average 35) eggs is laid in
a cavity near the top of the mound, and is incubated by the heat from the decaying vegetation.
The female usually remains near the nest until the eggs hatch. Hatching takes place in about nine
weeks, at which time the young begin calling to alert the female to excavate the nest.
Threats to Species:
The primary threats to the alligator in the past have been loss of habitat and overhunting.
The legal protections in recent years have allowed this species to increase significantly, and it is
now considered biologically secure.
Distinctive Characteristics:
The alligator is distinguished from the American crocodile by its broad, rounded snout
and the way its fourth tooth of its lower jaw fits into a notch in the upper jaw when the jaws are
closed, and is therefore not exposed when the jaws are closed.
Biological Conclusion:
This species is listed as Threatened Due to Similarity of Appearance, and is therefore not
protected under Section 7 of the Endangered Species Act. However, in order to control the
illegal trade of other protected crocodilians such as the American crocodile, federal regulations
(such as hide tagging) are maintained on the commercial trade of alligators. No survey is
required for this species.
Name: Red-cockaded woodpecker (Picoides borealis)
Family: Picidae
Federal Status: Endangered
Listed: October 13, 1970
Characteristics:
The red-cockaded woodpecker (RCW), one of nine Picoides native to the United States, is
endemic to the yellow pine forests of the southern United States. The RCW's plumage is
entirely black and white except for small red streaks on the sides of the nape in the male. The
back is black and white with horizontal stripes and the breast and underside are white with
streaked flanks. There is a large white cheek patch surrounded by the black cap, nape, and throat.
10
Distribution and Habitat:
RCWs use open old growth stands of southern pines, particularly longleaf pine (Pinus
palustris), for foraging and nesting habitat. A forested stand must contain at least 50% pine.
These birds nest exclusively in trees that are >60 years old and are contiguous with pine stands at
least 30 years of age. The foraging range of the RCW is from up to 202 ha (500 ac), and 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 3.6-30.0 in
(12.0-100.0 ft) above the ground and average 9.1- 15.2 in (30.0-50.0 ft) high. Cavity trees can be
identified by "candle-sticking," a large incrustation of running sap surrounding the nest cavity.
This is arguably used as a defense against possible predators. A clan of woodpeckers usually
consists of one breeding pair and the offspring from previous years. The eggs are laid in April,
May, and June and hatch 38 days later. Clutch size is from 3-5 eggs. All members of the clan
share in raising the young. RCWs feed mainly on insects but may also feed on seasonal wild
fruits.
Threats to Species:
Clearing of mature pine forests for forestry, agricultural and development purposes,
coupled with fire suppression has lead to the decline, and population fragmentation of this
species throughout its range. The rarity of the RCW, along with documented declines in local
populations, and diminished availability of nesting habitats led to the species being listed as
Endangered in 1970.
Biological Conclusion: No Effect
All construction for the proposed project will be confined to the maintained road
shoulder. The project was surveyed on August 7, 2000 by NCDOT biologist Logan Williams.
Foraging and nesting habitat was not found within the construction limits of the proposed
project. However, a review of the Natural Heritage program database of rare species and unique
habitats has a record for this species within 1 mile of the proposed project. Since the proposed
project construction is limited to the maintained road shoulder, it can be concluded that project
construction will not impact this species.
Name: Pondberry (Lindera melissifolia)
Family: Laurel (Lauraceae)
Federal Status: Endangered
Date Listed: July 31, 1986
Best Search Time: February-September
Characteristics:
Pondberry is a deciduous shrub growing to approximately 2 meters tall, and spreading by
means of stolons. The leaves are thin, drooping, prominently veined and pubescent beneath,
ovate to elliptical, and have rounded bases. Leaves emit a sassafras-like odor when crushed.
This species is dioecious (male and female flowers are on separate plants), and the flowers of
both sexes are pale yellow, small, and appear before the leaves in the spring. The fruit is a bright
11
red drupe containing one seed, which forms in the late summer or fall and is supported on a stout
pedicel that remains on the branch after the fruit falls. Vegetative reproduction (stolons) seems
to be more common than sexual reproduction (seeds).
Distribution and Habitat:
Pondberry is known from several widely scattered locations across the Southeast, in
Arkansas, Georgia, Mississippi, Missouri, North Carolina, and South Carolina. In interior areas,
habitat for pondberry consists of seasonally flooded wetlands, sandy sinks, pond margins, and
swampy depressions (Steyermark 1949). In the coastal plain of the Carolinas, pondberry is
found along the margins of sinks, ponds, and pineland depressions. Soils in these areas are
sandy with a high peat content, and have a high water table. Fire may have been an important
factor in maintaining suitable habitat in the past. This species is most often found in shade, but
may be seen full sun in areas where competition is not as intense.
Threats to Species:
The greatest threat to this species is loss of habitat through ditching wetlands for
residential, commercial, or agricultural development. Other activities that can adversely affect
this species are disturbance by livestock and timber harvesting.
Distinctive Characteristics:
Pondberry can be distinguished from southern spicebush (Lindera benzoin) by having
drooping foliage, rounded leaf bases rather than tapered, sassafras-like odor of the crushed leaves
rather than spicy, and fruit pedicels that persist throughout the winter. Pondberry can be
distinguished from bog spicebush (Lindera subcoriacea) because the latter's leaves have little or
no fragrance when crushed.
Biological Conclusion: No Effect
A survey was conducted for this species by NCDOT biologist Logan Williams on August
7, 2000. This species was not found during the survey. A review of the Natural Heritage
program database of rare species and unique habitats did not list this species in the project area.
Given the results of the survey it can be concluded that project construction will not impact this
species.
Name: Rough-leaved Loosestrife (Lysimachia asperulaefolia)
Family: Primrose (Primulaceae)
Federal Status: Endangered
Date Listed: June 12, 1987
Best Search Time: late spring through mid summer (late May - early June)
Characteristics:
Rough-leaved loosestrife is a perennial herb growing from 30 - 60 cm (12 - 24 in) tall.
Its sessile leaves, in whorls of three to four, are broadest at the base and have three prominent
veins. The leaves are entire, slightly revolute (rolled under along the margins), yellow-green or
blue-green in color and lustrous. Rough-leaved loosestrife flowers from May to June. The
yellow flowers are formed in a loose, cylindrical, terminal raceme that is 3 -10 cm (1.2 - 3 .9 in)
12
long. Each corolla is 1.5 cm (0.6 in) across and contains five dotted or streaked petals. Fruits in
the form of a capsule are formed by August but don't dehisce until October. Rough-leaved
loosestrife depends on rhizomatous growth rather than sexual reproduction for short-term
survival. The leaves turn a reddish color in fall and the plant overwinters in a dormant stage.
Stipitate glands are found on most parts of the plant.
Distribution and Habitat:
Rough-leaved loosestrife is endemic to the Coastal Plain and Sandhills of North Carolina
and South Carolina. Typical habitat for rough-leaved loosestrife is the ecotone between high
pocosin and longleaf pine (or oak) savannas that contain sandy or peaty soils and full sunlight.
Rough-leaved loosestrife sometimes occurs in low pocosin openings where light is abundant at
ground level. Other habitats where this species is found include ecotones of stream-head
pocosins in the Sandhills and Sandhill Seeps where wet sands are underlain by clay, allowing
water to seep to the surface along slopes.
Threats to Species:
Urban development, conversion of land to agricultural and silvicultural practices and
associated drainage and fire suppression allows growth of shrubs and trees that shade out this
species. Plowing firebreaks along ecotones could also negatively impact rough-leaved
loosestrife.
-Distinct Characteristics:
Leaves in whorls of three to four; yellow flowers in a terminal raceme.
Other:
At the time the recovery plan was written, there were 58 known populations in North
Carolina and one known population in South Carolina.
BIOLOGICAL CONCLUSION: No Effect
A survey was conducted for this species by NCDOT biologist Logan Williams on August
7, 2000. All construction for the proposed project will be confined to the maintained road
shoulder. This species was not found during the survey. A review of the Natural Heritage
program database of rare species and unique habitats did not list this species in the project area.
Given the results of the survey it can be concluded that project construction will not impact this
species.
Name: American Chaffseed (Schwalbea americana)
Family: Snapdragon (Scrophulariaceae)
Federal Status: Endangered
Date Listed: September 29,1992
Best Search Time: April through June in the south.
Characteristics:
13
American chaffseed is an erect herb to 30 - 60 cm (12 - 24 in). It is densely hairy
throughout, including the flowers. The entire leaves are alternate, lance shaped to elliptic and
2.5 - 5.0 cm (0.8 - 2.0 in) long. The upper leaves are reduced to narrow bracts. The tubular
flowers are two-lipped and purplish-yellow in color. They are 3.0 - 3.5 cm (1.2 -1.4 in) long
and borne singly on short stalks in the axils of the uppermost leaves (bracts) and form a many
flowered spike-like raceme. Fruits are narrow capsules approximately 10 - 12 mm (0.4 - 0.5 in)
long. Numerous. seeds are produced and they are greenish brown or yellowish tan in color.
Distribution and Habitat Requirements:
American chaffseed is found primarily in the coastal plain of New Jersey, North
Carolina, South Carolina, Georgia and Florida. American chaffseed is most often found in sandy
(sandy peat, sandy loam) acidic, seasonally moist to dry soils. Plant communities with which
this species is most often associated with include pine flatwoods, fire maintained savannas,
ecotones between peaty wetlands and xeric sandy soils and other open grass-sedge systems. This
species is believed to be shade intolerant and is therefore found in areas maintained in open to
partially open conditions. Most extant populations are in areas subject to frequent fire. This
species is also known to occur on road shoulders and in power line rights-of-way that experience
frequent mowing.
Threats to Species:
Fire suppression, allowing the succession of its habitat, is the greatest threat to this
species. Other threats include development, discontinuation of game (quail) management and
the conversion of pine flatwoods and pine savannas to commercial pine plantations.
Roadside Populations:
One historical roadside population occurs on SR 2026 in Moore County (EO 009).
Searches in 1998 did not reveal any plants. American chaffseed was last observed at this site in
1993.
Distinct Characteristics:
Upright herb, 30 - 60 cm (12 - 24 in) in height. Alternate leaves diminishing upwards.
Two-lipped tubular flowers, purplish-yellow in color and 3.0 - 3.5 cm (1.2 - 1.4 in) long, on
short stalks in the axils of the uppermost leaves (bracts). Hairy stems, leaves and flowers.
Biological Conclusion: No Effect
A survey was conducted for this species by NCDOT biologist Logan Williams on August
7, 2000. All construction for the proposed project will be confined to the maintained road
shoulder. This species was not found during the survey. A review of the Natural Heritage
program database of rare species and unique habitats did not list this species in the project area.
Given the results of the survey it can be concluded that project construction will not impact this
species.
A review of the data base of the N. C. Natural Heritage Program Rare Species and
Unique Habitats reveals a number of records of rare species within 1 mi of the proposed project.
Most of the records are for the South River, which is located less than 1 mile from most of the
14
project. Surveys were not conducted for these species. However, because of the minor impacts
to the natural communities associated with the proposed project, construction is not expected to
have a negative effect on these species.
CC. Hal Bain, Unit Head
File: R-4427
- .
Bladen County
TIP Resurfacing
NC 210 - from US 701 to NC I 1
*Distances for mileposts begin at US 701
*DS=Downstream; US=Upstream
Milepost Pipe Proposed Action Linear Feet of I
Stream Impacted Square Feet of
Wetlands Impacted
3.7 3-48" CMP Extend 10' each side 10 (DS) I 200 (US)
5.0 1-24" RCP Extend 10' each side ( 20 N/A
52 1-54"CMP N/A N,,A I. N/A I
5.6 1-36" RCP Extend 10' each side I 20 I N/A
5.9 2-12" RCP Extend 10' each side I 10 (DS) I 200 (US)
6.3 1-36" RCP Extend 10' each side I 10 (DS) 1 200 (US)
6.6 1-54'C F, Extend 10' each side I 20 I N/A I
679 1-24" RCP Extend 10' each side 20 ! N/A
7.9 1-36" RCP Replace pipe - no impact I N:'A N A
8.2 1-30" RCP Extend 10' each side 20 ! N/A
I 8.7 2-36" RCP Extend 10' on downstream side only ! 10 (DS) VA
8.9 I 1-;?" RCP Extend 10' each side 20 N,A
J 9.0 1-36" RCP I Extend 10' on downstream side only I 10 (DS) i N;A
9.1 1-24" RCP I Extend 5' each side 10 N. A
9.3 1-36" RCP I Extend 5' each side I 10 i N/A i
9.5 12-36" RCP Extend 5' each side I 10 1 N-'A
r 9.6 1-24" RCP Extend 5' each side ! 10 I N'A
j 9.Q 1-36" RCP I Extend 10' on upstream side only I 10 (US) N,-'A
F 10.1 2-42" RGP I Extend 5' on upstream side only I N/A I N, A
10.2 1 2-42" RCP ? Extend 10' on downstream side only I 10 (DS) I M/A
10.4 1-36" RCP I N/A i N, A N/A
11.4 1-24" RCP I Extend S on upstream side only 1 5 (US) i N/A
11.8 1-36" RCP Extend 10' on upstream side only I N/A ! 200 (US)
j 11.9 1-30" RCP I Extend 10' each side I 20 I N,A
12.4 1-42" RCP I Extend 10' on downstream side only 1 10 (DS) ! N/A
14.7 I 1-24" RCP Extend 10' on upstream side only i 10 (US) I N/A
17.0 I 1-48" RCP I Extend 10' each side 20 I N/A
19.9 I 1-24" RCP Extend 10' on downstream side onlv 1 10 (DS) N, A
202 1-36" RCP Extend 10' on downstream side only I 10 (DS) _N/A
23.1 1-24" RCP Extend 10' -on downstream side only I 10 (DS) I N/A
TOTALS 1 325 1 800
• I 'A

STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY
GOVERNOR
January 11, 2001
U. S. Army Corps of Engineers
Wilmington Regulatory Field Office
P. O. Box 1890
Wilmington, North Carolina 28402-1890
ATTN.: Mr. David Timpy
NCDOT Coordinator
Dear Sir:
of o408
DAVID MCCOY
SECRETARY
MAC? o.
Subject: Application for Nationwide Permit 14.
Bladen County, Widening and Resurfacing of NC 210 from US 701 to NC 11, State
Project No. 81421301, T.I.P. No. R-4427.
The North Carolina Department of Transportation (NCDOT) proposes to widen NC 210 in
Bladen County from US 701 to NC 11. The project, approximately 28.6 miles in length, consists
of the widening the existing pavement by approximately 2 feet on both sides of the road and
resurfacing the road. This widening will require the extension of 30 culverts. Only four of the
sites will affect jurisdictional wetlands. The other 23 sites impact only streams and each of these
sites impacts less than 0.1 acres. The cumulative impact of these 23 stream sites is less than 0.1
acres in size. Impacts of less that 0.1 acres to jurisdictional streams qualify for a Nationwide 14
permit that will NOT require notification to either the USACE or the N.C. Division of Water
Quality as described in [FR March 9, 2000(Vol. 65, No. 47) page 12888]. Therefore, the stream
sites qualified for a Nationwide 14 permit with no notification. We have attached a copy of our
notification to NCDOT Division 6 Operations describing their responsibilities for the work at
these 23 sites.
This document is a Nationwide 14 application for the four sites that will impact
jurisdictional wetlands. The sites to be affected are listed is Table 1 and depicted on the enclosed
drawings. The footprint of the wetland impact at each site will be 200 square feet (<0.01 acres)
and the cumulative impact at all four sites will be 800 square feet (0.02 acres).
n -?
M
f'T'1
2
RESOURCE STATUS
Wetlands and Streams: The jurisdictional status of the streams and wetlands was
conducted by Mr. Logan Williams on August 7, 2000 using the criteria specified in the 1987
Corps of Engineers Wetland Delineation Manual. The location of the sites are depicted on
Figure L
(1) Sites 1, 2 and 3 are located at mileposts 3.7, 5.6, and 6.3. They consist of streams
(UT to the Black River) and small streamside wetlands dominated by Polganum
sagittatum, Ludwigia alternifolia, and Scirpus cyperinus. The sites are tangles of
these species.
(2) (2) Site 4 is located at milepost 11.8. It consists of a streams (UT to the Black
River) and small streamside wetlands dominated by Itea virginica, Polganum
sagittatum, and Rhexia mariana.
Table 1. R-4427 Jurisdictional Wetland Sites
Site Milepost Structure Permanent Wetland Stream Data
Impacts (ac) DWQ Index No.
1 3.7 3-48" CMP <0.01 UT to South River
18-68-12-(8.5)
2 5.9 2-42" RCP <0.01 UT to South River
18-68-12-(8.5)
3 6.3 1-36" RCP <0.01 UT to South River
18-68-12-(8.5)
4 11.8 1-36" RCP <0.01 UT to South River
18-68-12-(8.5)
TOTAL 0.018
Endangered Species: Plants and animals with Federal classification of Endangered (E) or
Threatened (T) are protected under provisions of Section 7 and Section 9 of the Endangered
Species Act of 1973, as amended. As of June 16, 2000, the U.S. Fish and Wildlife Service
(Service) lists six federally protected species for Bladen County (Table 2).
Table 2. Federally Protected Species for Bladen County
SCIENTIFIC NAME COMMON NAME STATUS
Aci eraser brevirostrum Shortnose sturgeon E
Alligator mississi iensis American alligator T S/A
Picoides borealis red-cockaded woodpecker E
Lindera melissi olia pondberry E
L simachia as erulae blia rough-leaved loosestrife E
Schivalbea americana American chaffseed E
"E" denotes Endangered (a species that is in danger of extinction throughout all or a significant
portion of its range).
T(S/A) -Threatened due to similarity of appearance, a species that is threatened due to similarity of
appearance with other rare species and is listed for its protection. These species are not biologically
endangered or threatened and are not subject to Section 7 consultation.
1
./
3
A biological conclusion of "No Effect" was reached for all species during the August 7,
2000 survey for protected species by Logan Williams. A copy of the field report is enclosed with
this permit application.
REGULATORY APPROVALS
Application is hereby made for a Department of the Army Nationwide 14 Permit as
required for the above-described activities. We are also hereby requesting a 401 Water Quality
Certification from the Division of Water Quality. In compliance with Section 143-215.3D(e) of
the NCAA we have enclosed a check for $200.00 to act as payment for processing the Section 401
permit application. We are providing seven copies of this application to the North Carolina
Department of Environment and Natural Resources, Division of Water Quality, for their review.
If you have any questions or need additional information please call Ms. Alice N. Gordon
at [phone] extension 288.
Sincerel
r W.
William D. Gilmore, P.E., Manager
Project Development & Environmental Analysis Branch
cc: w/attachment
Mr. David Franklin, Corps of Engineers, Wilmington Field Office
Mr. Garland Pardue, USFWS, Raleigh
Mr. N. L. Graf, P.E., FHWA
Mr. John Dorney, NCDENR, Division of Water Quality
Mr. Calvin Leggett, P.E. Program Development Branch
Ms. Deborah Barbour, P.E., Highway Design Branch
Mr. D. R. Henderson, P.E., Hydraulics Unit
Mr. Timothy V. Rountree, P.E., Structure Design Unit
Mr. John Alford, P.E., Roadway Design Unit
Mr. Terry Gibson, P.E., Division 6 Engineer
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4
STAre
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT JR. DAVID MCCOY
GOVERNOR SECRETARY
November 7, 2000
MEMORANDUM TO: Greg Burns, P.E.,
Division 6 Operations
FROM: Alice Gordon, Biologist
Natural Systems Unit
SUBJECT: R-4427, NC 210 from US 701 to NC 11. Project No. 8.1421301.
Environmental Permits for Extension of Culverts associated with
R-4427.
The information sent by Division 6 (Greg Burns) on September 7, 2000 demonstrates that the
culvert extensions at the Mileposts listed in Table 1 will cumulatively impact less than 0.1 acres of
jurisdictional surface waters. Each site will impact less than 0.1 acres of jurisdictional surface
waters. There will be no impacts to jurisdictional wetlands at the sites listed in Table 1. Impacts
of less than 0.1 acres to jurisdictional streams qualify for a Nationwide 14 permit that will NOT
require notification to either the U. S. Corps of Engineers or the N.C. Division of Water Quality as
described in [FR March 9, 2000 (Volume 65, Number 47) pagel2888]. Therefore, no notification
is required to the United States Corps of Engineers or to the North Carolina Division of Water
Quality.
Please be advised that the replacement of a pipe by another pipe of similar size as at mileposts
5.2,7.9, 10. 1. and 10.4 qualifies for a Nationwide 3 permit. Although the Nationwide 3 permit and
the Nationwide 14 permit as described above do not require written confirmation from the
agencies, the NCDOT and its contractors are obliged to comply with the attached Nationwide
conditions. Please pay special attention to the Regional Conditions for the Nationwide 14 Permit,
which specify the design and method of construction of culverts. Copies of these conditions are
attached.
Table 1. Locations of Culvert Extensions that Qualify for a Nationwide 14 Permit with no
Notification
Milepost* Pipe Proposed Action Linear Feet of
Stream Impacted
5.0 1-24" RCP Extend 10 ` each side 20
5.6 1-36' RCP Extend 10 ` each side 20
6.6 1-54" CMP Extend 10 ` each side 20
6.9 1-24" RCP Extend 10 ` each side 20
8.2 1-30" RCP Extend 10 ` each side 20
8.7 2-36"RCP Extend 10' on downstream side only 10
8.9 1-42"RCP Extend 10 ` each side 20
9.0 1-36" RCP Extend 10' on downstream side only 10
9.1 1-24" RCP Extend 5' each side 10
9.3 1-36" RCP Extend 5' each side 10
9.5 2-36" RCP Extend 5" each side 10
9.6 1-24" RCP Extend 5' each side 10
9.8 1-36" RCP Extend 10' on upstream side only 10
10.2 2-42" RCP Extend 10' on downstream side only 10
11.4 1-24" RCP Extend 5' on upstream side only 5
11.8 1-36" RCP Extend 10' on upstream side only 10
11.9 1-30" RCP Extend 10' each side 20
12.4 1-42" RCP Extend 10' on downstream side only 10
14.7 1-24" RCP Extend 10' on upstream side only 10
17.0 1-48" RCP Extend 10' each side 20
19.9 1-24" RCP Extend 10' on downstream side only 10
20.2 1-36" RCP Extend 10' on downstream side only 10
23.1 1-24" RCP Extend 10' on downstream side only 10
TOTAL 305
*Distances for Mileposts begin at US 701
6
aS d? a?a
Y! •? Qun'.6d?
JAMEs B. HUNT JR.
GOVERNOR
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
P.O. BOX 25201, RALEIGH, N.C.
27611-5201
October 23, 2000
Memorandum To:
From:
Subject
Greg Burns, P.E.
Division Operations Engineer
Logan Williams, Environmental Specialist
PD and EA Unit
DAVID MCCOY
SECRETARY
Protected Species Report for R-4427, NC 210 from US 701 to NC 11.
Project Number 8.1421301, Bladen County.
The subject project was surveyed for protected species on August 7, 2000. NCDOT
Division 6 personnel Greg Burns, Drew Cox and Carlos Smith were present during the survey to
provide specific information on project design. During the survey, streams and wetlands were
evaluated to determine whether they were jurisdictional. Specific information regarding stream
and wetland impacts were provided to Alice Gordon, NCDOT Environmental Specialist who
will be preparing the permit application for this project, by Greg Burns on September 7, 2000.
The proposed project will include 2 ft. widening numerous pavement widening on each
side of the roadway and resurfacing. To accommodate the 2-ft. widening numerous culverts will
require extending.
One terrestrial community will be impacted by the proposed project.
Maintained/disturbed lands are intensively managed where humans, structures, or activities
preclude natural plant succession. The roadside shoulder is the only terrestrial community that
will be impacted by the proposed project. Fescue (Festuca sp.), Richardia (Richardia sp.) and
Bermudagrass (Cynodon dactylon)comprise the dominant flora in this community.
Some populations of fauna and flora have been in the process of decline either due to
natural forces or their inability to coexist with man. 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.
7
Plants and animals with federal classifications of Endangered (E), Threatened (T),
Proposed Endangered (PE) and Proposed Threatened (T), Proposed Endangered (PE) and
Proposed Threatened (PT) are protected under provisions of section 7 and section 9 of the
Endangered Species Act of 1973, as amended. As of June 16, 2000, the FWS lists 6 federally
protected species for Bladen County. Table 1 lists the protected species and their status.
Table 1. Federally Protected Species for Bladen County
Scientific Name Common Name Status
Acipenser brevirostrum Shortnose sturgeon E
Alligator mississippiensis American alligator T(S/A)
Picoides borealis Red-cockaded woodpecker E
Lindera melissifolia Pondberry E
Lysimachia asperulaefolia Rough-leaved loosestrife E
Schwalbea americana American chaffseed E
"E"- Endangered- a species in danger of extinction throughout all or a significant portion of its range.
"T(S/A)"- Threatened Due to Similarity of Appearance- a species similar in appearance to another rare
species and listed for its protection.
Name: Short-nosed sturgeon (Acipenser brevirostrum)
Family: Acipenseridae
Federal Status: Endangered
Listed: March 11, 1967
Characteristics:
The short-nosed sturgeon is a primitive fish ranging from 43-109 cm (17-43 in) in length
and characterized by having five rows of large, bony plates (scutes) separated by naked skin,
running the length of the body. The shortnose sturgeon differs from the closely related Atlantic
sturgeon .(A. oxyrhynchus), by its smaller size (Atlantic sturgeon may reach 4.3 m [ 14 ft] in
length), short snout and the lack of scutes between the anal fin and the lateral row of scutes (Ross
et al. 1988).
Distribution and Habitat:
The overall range of the shortnose sturgeon extends along the east coast of North
America from the Saint John River, New Brunswick, Canada, to the Indian River, Florida. The
status and distribution of the shortnose sturgeon in North Carolina is poorly understood. Many
records of occurrence can not be validated and were possibly misidentified Atlantic sturgeons
(Ross et al. 1988). This species was previously thought to be extinct from North Carolina
(Schwartz et al. 1977), until verified specimens were collected in the Pee Dee River along the
Anson/Richmond County line (part of the South Carolina Pee Dee River population) and in the
lower Cape Fear River in Brunswick County in 1985 and 1987 respectively (Ross et al. 1988). A
subsequent study of the distribution of the shortnose sturgeon in the Cape Fear River Basin
indicates that the species does utilize the Cape Fear River system, but is believed to be extremely
rare (Moser and Ross 1993).
Preferred habitat for adult shortnose sturgeon is found in coastal rivers and estuaries in
deep areas with soft, vegetated substrates (Ross et al. 1988). Diet consists of benthic
8
invertebrates, particularly mollusks and plant material. There are very few near-shore ocean
records and it appears that this species prefers waters of lower salinity than does the Atlantic
sturgeon (Gilbert 1989). Although generally considered anadromous, because of the avoidance
of high salinities, this species has been described as intermediate between fully anadromous and
potamodromous (Dadswell 1979, Buckley and Kynard 1985). Two entirely freshwater
populations have been recorded, in South Carolina and Massachusetts (Gilbert et. al 1989). This
avoidance of saline waters is believed to be "the single most important factor in limiting
extensive latitudinal coastal migrations in this species" (Gilbert 1989).
Spawning sites have been described as freshwater swamps or freshwater areas with fast
flow and rough bottoms (Dadswell et al. 1984). Upstream spawning migrations may cover great
distances, if unimpeded by dams, and have been documented to be over 120 miles (USFWS
1992). In the southern portions of the range, spawning occurs between January and April and
appears to be prompted by water temperature (Dadswell et al. 1984). Juveniles are generally
benthic and non-migratory, remaining in freshwater habitats until they attain a size of 45-cm fork
length or 2 to 8 years of age (Dadswell et al. 1984).
Threats to Species:
Overfishing, obstruction by dams to upstream spawning grounds, and water quality
degradation have been attributed to the decline of sturgeon in general along the Atlantic coast
(Van Den Avyle 1984, USFWS 1992). Moser and Ross (1993) reported that Lock and Dam #1
on the Cape Fear River appeared to block spawning migration of radio-telemetry tracked
shortnose sturgeon.
Biological Conclusion: No Effect
A survey of water bodies crossed by the proposed project was conducted on August 7,
2000. The streams crossed by the proposed project were not of sufficient depth to be utilized by
shortnose sturgeon. A review of the Natural Heritage program database of rare species and
unique habitats does not list this species in the project area. Therefore, project construction will
not impact this species.
Name: American alligator (Alligator mississippiensis)
Family: Alligatoridae
Federal Status: Threatened Due to Similarity of Appearance
Date Listed: June 4, 1987
Characteristics:
The alligator is a large aquatic reptile, measuring 1.8-5.8 meters in length, with a broadly
rounded snout, heavy body, laterally compressed tail, and a dark gray or blackish color. Young
are black with conspicuous yellow crossbands; the banding may occasionally persist on adults,
although very faintly. Unlike the American crocodile, the fourth tooth on the lower jaw of the
alligator fits in a notch in the upper jaw and is not exposed when the jaws are closed.
Distribution and Habitat:
The alligator can be found on the east coast of the United States from Tyrrell County,
North Carolina to Corpus Christi, Texas, and north in the Mississippi River drainage basin to
Arkansas and southeastern Oklahoma. Home ranges may vary considerably, with 3,162 acres for
males and 21 acres for females being average. Individuals can travel great distances, both
overland and in the water, but males tend to travel more than females.
The alligator is found rivers, streams, canals, lakes, swamps, bayous, and coastal
marshes. Adult animals are highly tolerant of salt water, but the young are apparently more
sensitive, with salinities greater than 5 parts per thousand considered harmful. The diet consists
of anything of suitable size, including mammals, reptiles, amphibians, birds, fish, and
crustaceans.
Nesting takes place in late spring and early summer, with the female building a mound of
grass and other vegetation that may be two feet high and six feet across. The nest is usually
constructed near the water, in a shaded location. The clutch of 30-60 (average 35) eggs is laid in
a cavity near the top of the mound, and is incubated by the heat from the decaying vegetation.
The female usually remains near the nest until the eggs hatch. Hatching takes place in about nine
weeks, at which time the young begin calling to alert the female to excavate the nest.
Threats to Species:
The primary threats to the alligator in the past have been loss of habitat and overhunting.
The legal protections in recent years have allowed this species to increase significantly, and it is
now considered biologically secure.
Distinctive Characteristics:
The alligator is distinguished from the American crocodile by its broad, rounded snout
and the way its fourth tooth of its lower jaw fits into a notch in the upper jaw when the jaws are
closed, and is therefore not exposed when the jaws are closed.
Biological Conclusion:
This species is listed as Threatened Due to Similarity of Appearance, and is therefore not
protected under Section 7 of the Endangered Species Act. However, in order to control the
illegal trade of other protected crocodilians such as the American crocodile, federal regulations
(such as hide tagging) are maintained on the commercial trade of alligators. No survey is
required for this species.
Name: Red-cockaded woodpecker (Picoides borealis)
Family: Picidae
Federal Status: Endangered
Listed: October 13, 1970
Characteristics:
The red-cockaded woodpecker (RCW), one of nine Picoides native to the United States, is
endemic to the yellow pine forests of the southern United States. The RCW's plumage is
entirely black and white except for small red streaks on the sides of the nape in the male. The
back is black and white with horizontal stripes and the breast and underside are white with
streaked flanks. There is a large white cheek patch surrounded by the black cap, nape, and throat.
10
Distribution and Habitat:
RCWs use open old growth stands of southern pines, particularly longleaf pine (Pinus
palustris), for foraging and nesting habitat. A forested stand must contain at least 50% pine.
These birds nest exclusively in trees that are >60 years old and are contiguous with pine stands at
least 30 years of age. The foraging range of the RCW is from up to 202 ha (500 ac), and 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 3.6-30.0 in
(12.0-100.0 ft) above the ground and average 9.1- 15.2 in (30.0-50.0 ft) high. Cavity trees can be
identified by "candle-sticking," a large incrustation of running sap surrounding the nest cavity.
This is arguably used as a defense against possible predators. A clan of woodpeckers usually
consists of one breeding pair and the offspring from previous years. The eggs are laid in April,
May, and June and hatch 38 days later. Clutch size is from 3-5 eggs. All members of the clan
share in raising the young. RCWs feed mainly on insects but may also feed on seasonal wild
fruits.
Threats to Species:
Clearing of mature pine forests for forestry, agricultural and development purposes,
coupled. with fire suppression has lead to the decline, and population fragmentation of this
species throughout its range. The rarity of the RCW, along with documented declines in local
populations, and diminished availability of nesting habitats led to the species being listed as
Endangered in 1970.
Biological Conclusion: No Effect
All construction for the proposed project will be confined to the maintained road
shoulder. The project was surveyed on August 7, 2000 by NCDOT biologist Logan Williams.
Foraging and nesting habitat was not found within the construction limits of the proposed
project. However, a review of the Natural Heritage program database of rare species and unique
habitats has a record for this species within 1 mile of the proposed project. Since the proposed
project construction is limited to the maintained road shoulder, it can be concluded that project
construction will not impact this species.
Name: Pondberry (Lindera melissifolia)
Family: Laurel (Lauraceae)
Federal Status: Endangered
Date Listed: July 31, 1986
Best Search Time: February-September
Characteristics:
Pondberry is a deciduous shrub growing to approximately 2 meters tall, and spreading by
means of stolons. The leaves are thin, drooping, prominently veined and pubescent beneath,
ovate to elliptical, and have rounded bases. Leaves emit a sassafras-like odor when crushed.
This species is dioecious (male and female flowers are on separate plants), and the flowers of
both sexes are pale yellow, small, and appear before the leaves in the spring. The fruit is a bright
11
red drupe containing one seed, which forms in the late summer or fall and is supported on a stout
pedicel that remains on the branch after the fruit falls. Vegetative reproduction (stolons) seems
to be more common than sexual reproduction (seeds).
Distribution and Habitat:
Pondberry is known from several widely scattered locations across the Southeast, in
Arkansas, Georgia, Mississippi, Missouri, North Carolina, and South Carolina. In interior areas,
habitat for pondberry consists of seasonally flooded wetlands, sandy sinks, pond margins, and
swampy depressions (Steyermark 1949). In the coastal plain of the Carolinas, pondberry is
found along the margins of sinks, ponds, and pineland depressions. Soils in these areas are
sandy with a high peat content, and have a high water table. Fire may have been an important
factor in maintaining suitable habitat in the past. This species is most often found in shade, but
may be seen full sun in areas where competition is not as intense.
Threats to Species:
The greatest threat to this species is loss of habitat through ditching wetlands for
residential, commercial, or agricultural development. Other activities that can adversely affect
this species are disturbance by livestock and timber harvesting.
Distinctive Characteristics:
Pondberry can be distinguished from southern spicebush (Lindera benzoin) by having
drooping foliage, rounded leaf bases rather than tapered, sassafras-like odor of the crushed leaves
rather than spicy, and fruit pedicels that persist throughout the winter. Pondberry can be
distinguished from bog spicebush (Lindera subcoriacea) because the latter's leaves have little or
no fragrance when crushed.
Biological Conclusion: No Effect
A survey was conducted for this species by NCDOT biologist Logan Williams on August
7, 2000. This species was not found during the survey. A review of the Natural Heritage
program database of rare species and unique habitats did not list this species in the project area.
Given the results of the survey it can be concluded that project construction will not impact this
species.
Name: Rough-leaved Loosestrife (Lysimachia asperulaefolia)
Family: Primrose (Primulaceae)
Federal Status: Endangered
Date Listed: June 12, 1987
Best Search Time: late spring through mid summer (late May - early June)
Characteristics:
Rough-leaved loosestrife is a perennial herb growing from 30 - 60 cm (12 - 24 in) tall.
Its sessile leaves, in whorls of three to four, are broadest at the base and have three prominent
veins. The leaves are entire, slightly revolute (rolled under along the margins), yellow-green or
blue-green in color and lustrous. Rough-leaved loosestrife flowers from May to June. The
yellow flowers are formed in a loose, cylindrical, terminal raceme that is 3-10 cm (1.2 - 3.9 in)
12
long. Each corolla is 1.5 cm (0.6 in) across and contains five dotted or streaked petals. Fruits in
the form of a capsule are formed by August but don't dehisce until October. Rough-leaved
loosestrife depends on rhizomatous growth rather than sexual reproduction for short-term
survival. The leaves turn a reddish color in fall and the plant overwinters in a dormant stage.
Stipitate glands are found on most parts of the plant.
Distribution and Habitat:
Rough-leaved loosestrife is endemic to the Coastal Plain and Sandhills of North Carolina
and South Carolina. Typical habitat for rough-leaved loosestrife is the ecotone between high
pocosin and longleaf pine (or oak) savannas that contain sandy or peaty soils and full sunlight.
Rough-leaved loosestrife sometimes occurs in low pocosin openings where light is abundant at
ground level. Other habitats where this species is found include ecotones of stream-head
pocosins in the Sandhills and Sandhill Seeps where wet sands are underlain by clay, allowing
water to seep to the surface along slopes.
Threats to Species:
Urban development, conversion of land to agricultural and silvicultural practices and
associated drainage and fire suppression allows growth of shrubs and trees that shade out this
species. Plowing firebreaks along ecotones could also negatively impact rough-leaved
loosestrife.
Distinct Characteristics:
Leaves in whorls of three to four; yellow flowers in a terminal raceme.
Other:
At the time the recovery plan was written, there were 58 known populations in North
Carolina and one known population in South Carolina.
BIOLOGICAL CONCLUSION: No Effect
A survey was conducted for this species by NCDOT biologist Logan Williams on August
7, 2000. All construction for the proposed project will be confined to the maintained road
shoulder. This species was not found during the survey. A review of the Natural Heritage
program database of rare species and unique habitats did not list this species in the project area.
Given the results of the survey it can be concluded that project construction will not impact this
species.
Name: American Chaffseed (Schivalhea americana)
Family: Snapdragon (Scrophulariaceae)
Federal Status: Endangered
Date Listed: September 29,1992
Best Search Time: April through June in the south.
Characteristics:
13
American chaffseed is an erect herb to 30 - 60 cm (12 - 24 in). It is densely hairy
throughout, including the flowers. The entire leaves are alternate, lance shaped to elliptic and
2.5 - 5.0 cm (0.8 - 2.0 in) long. The upper leaves are reduced to narrow bracts. The tubular
flowers are two-lipped and purplish-yellow in color. They are 3.0 - 3.5 cm (1.2 -1.4 in) long
and borne singly on short stalks in the axils of the uppermost leaves (bracts) and form a many
flowered spike-like raceme. Fruits are narrow capsules approximately 10 - 12 mm (0.4 - 0.5 in)
long. Numerous seeds are produced and they are greenish brown or yellowish tan in color.
Distribution and Habitat Requirements:
American chaffseed is found primarily in the coastal plain of New Jersey, North
Carolina, South Carolina, Georgia and Florida. American chaffseed is most often found in sandy
(sandy peat, sandy loam) acidic, seasonally moist to dry soils. Plant communities with which
this species is most often associated with include pine flatwoods, fire maintained savannas,
ecotones between peaty wetlands and xeric sandy soils and other open grass-sedge systems. This
species is believed to be shade intolerant and is therefore found in areas maintained in open to
partially open conditions. Most extant populations are in areas subject to frequent fire. This
species is also known to occur on road shoulders and in power line rights-of-way that experience
frequent mowing.
Threats to Species:
Fire suppression, allowing the succession of its habitat, is the greatest threat to this
species. Other threats include development, discontinuation of game (quail) management and
the conversion of pine flatwoods and pine savannas to commercial pine plantations.
Roadside Populations:
One historical roadside population occurs on SR 2026 in Moore County (EO 009).
Searches in 1998 did not reveal any plants. American chaffseed was last observed at this site in
1993.
Distinct Characteristics:
Upright herb, 30 - 60 cm (12 - 24 in) in height. Alternate leaves diminishing upwards.
Two-lipped tubular flowers, purplish-yellow in color and 3.0 - 3.5 cm (1.2 - 1.4 in) long, on
short stalks in the axils of the uppermost leaves (bracts). Hairy stems, leaves and flowers.
Biological Conclusion: No Effect
A survey was conducted for this species by NCDOT biologist Logan Williams on August
7, 2000. All construction for the proposed project will be confined to the maintained road
shoulder. This species was not found during the survey. A review of the Natural Heritage
program database of rare species and unique habitats did not list this species in the project area.
Given the results of the survey it can be concluded that project construction will not impact this
species.
A review of the data base of the N. C. Natural Heritage Program Rare Species and
Unique Habitats reveals a number of records of rare species within 1 mi of the proposed project.
Most of the records are for the South River, which is located less than 1 mile from most of the
14
project. Surveys were not conducted for these species. However, because of the minor impacts
to the natural communities associated with the proposed project, construction is not expected to
have a negative effect on these species.
CC. Hal Bain, Unit Head
File: R-4427
Bladen County
TIP Resurfacing
NC ? t 0 - from US 701 to NC I I
*Distances for mileposts begin at US 701
*DS=Downstream; US=Upstream
Milepost Pipe Proposed Action Linear Feet of
Stream Impacted Square Feet of
Wetlands Impacted
3.7 3-48" CMP Extend 10' each side ( 10 (DS) I 200 (US)
5.0 1-24" RCP Extend 10' each side 20 1 N,A I
5.2 I -54" Cm? N/A 1 N/A I N/A
5.6 1-36" RCP Extend 10' each side I 20 I N/A i
5.9 2-42" RCP Extend 10' each side I 10 (DS) I 200 (US)
6.3 1-36" RCP Extend 10' each side I 10 (DS) I 200 (US)
6.6 1 1-544'Cm Extend 10' each side I 20 i N/A j
6.9 1-24" RCP Extend 10' each side 20 1 N/A
7.9 1-36" RCP 1 Replace pipe - no impact I N,'A N A
8.2 1-30" RCP Extend 10' each side 20 ! N/A
I 8.7 2-36" RCP Extend 10' on dov nstream side only ! 10 (DS) N A
8.9 1 1-42" RCP Extend 10' each side 20 N.A
9.0 I 1-36" RCP 1 Extend 10' on downstream side only I 10 (DS) i NI /A
9.1 1-24" RCP 1 Extend 3' each side 10 I N- `A
I 9.3 1-36" RCP i Extend 5' each side I 10 j NiA I
9.5 1 2-36" RCP Extend 5' each side I 10 N/A
9.6 1-24" RCP Extend S each side ! 10 1 N,'A
I` 9.Q 1 1-36' RCP 1 Extend 10' on upstream side only 1 10 (US) N,'A
10.1 1 2-42" RC.P 1 Extend 5' on upstream side only I N, 'A l N: A i
10.2 1 2- 42" RCP 1 Extend 10' on downstream side only i 10 (DS) I N,'A
10.4 1-36" RCP I N/A I N,'A I N/A
j 11.4 1 1-24" RCP I Extend 5' on upstream side only i 5 (US) i VA
11.8 1-36" RCP Extend 10' on upstream side only i N!A i 200 (US)
j 11.9 ( 1-30" RCP i Extend 10' each side 1 20 I N-A
12.4 1-42" RCP I Extend 10' on downstream side only I 10 (DS) ! N-A
1 14.7 1 1-24" RCP Extend 10' on upstream side only i 10 (US) 1 N,'A
17.0 I 1-48" RCP 1 Extend 10' each side 20 I NiA
19.9 1 1-24" RCP Extend 10' on downstream side only 1 10 (DS) N, A
20.2 1-36 RCP Extend 10' on downstream side only 1 10 (DS) I N/A
23.1 1-24" RCP Extend 10' on downstream side only I 10 (DS) 1 N/A
1
TOTALS I 325 1 800
pa.'a$VUj'D? ® j ®4 ® 8
•? Owv. STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY DAVID MCCOY
GOVERNOR SECRETARY
January 11, 2001
U. S. Army Corps of Engineers
Wilmington Regulatory Field Office °- _
P. O. Box 1890
Wilmington, North Carolina 28402-1890
ATTN.: Mr. David Timpy
NCDOT Coordinator
Dear Sir:
Subject: Application for Nationwide Permit 14.
Bladen County, Widening and Resurfacing of NC 210 from US 701 to NC 11, State
Project No. 81421301, T.I.P. No. R-4427.
The North Carolina Department of Transportation (NCDOT) proposes to widen NC 210 in
Bladen County from US 701 to NC 11. The project, approximately 28.6 miles in, length, consists
of the widening the existing pavement by approximately 2 feet on both sides of the road and
resurfacing the road. This widening will require the extension of 30 culverts. Only four of the
sites will affect jurisdictional wetlands. The other 23 sites impact only streams and each of these r-ri
sites impacts less than 0.1 acres. The cumulative impact of these 23 stream sites is less than 0.1 .c r n
acres in size. Impacts of less that 0.1 acres to jurisdictional streams qualify for a Nationwide 14 Urn- y
permit that will NOT require notification to either the USACE or the N.C. Division of Water
Quality as described in [FR March 9, 2000(Vol. 65, No. 47) page 12888]. Therefore, the stream
sites qualified for a Nationwide 14 permit with no notification. We have attached a copy of our
notification to NCDOT Division 6 Operations describing their responsibilities for the work at
these 23 sites.
This document is a Nationwide 14 application for the four sites that will impact
jurisdictional wetlands. The sites to be affected are listed is Table 1 and depicted on the enclosed
drawings. The footprint of the wetland impact at each site will be 200 square feet (<0.01 acres)
and the cumulative impact at all four sites will be 800 square feet (0.02 acres).
2
RESOURCE STATUS
Wetlands and Streams: The jurisdictional status of the streams and wetlands was
conducted by Mr. Logan Williams on August 7, 2000 using the criteria specified in the 1987
Corps of Engineers Wetland Delineation Manual. The location of the sites are depicted on
Figure 1.
(1) Sites 1, 2 and 3 are located at mileposts 3.7, 5.6, and 6.3. They consist of streams
(UT to the Black River) and small streamside wetlands dominated by Polganum
sagittatum, Ludwigia alternifolia, and Scirpus cyperinus. The sites are tangles of
these species.
(2) (2) Site 4 is located at milepost 11.8. It consists of a streams (UT to the Black
River) and small streamside wetlands dominated by Itea virginica, Polganum
sagittatum, and Rhexia mariana.
Table 1. R-4427 Jurisdictional Wetland Sites
Site Milepost Structure Permanent Wetland Stream Data
Impacts (ac) DWQ Index No.
1 3.7 3-48" CMP <0.01 UT to South River
18-68-12-(8.5)
2 5.9 2-42" RCP <0.01 UT to South River
18-68-12-(8.5)
3 6.3 1-36" RCP <0.01 UT to South River
18-68-12-(8.5)
4 11.8 1-36" RCP <0.01 UT to South River
18-68-12-(8.5)
TOTAL 0.018
Endangered Species: Plants and animals with Federal classification of Endangered (E) or
Threatened (T) are protected under provisions of Section 7 and Section 9 of the Endangered
Species Act of 1973, as amended. As of June 16, 2000, the U.S. Fish and Wildlife Service
(Service) lists six federally protected species for Bladen County (Table 2).
Table 2. Federally Protected Species for Bladen County
SCIENTIFIC NAME COMMON NAME STATUS
Aci enser brevirostrum Shortnose sturgeon E
Alligator mississi iensis American alligator T S/A
Picoides borealis red-cockaded wood ecker E
Lindera melissi olia ondberr E
L simachia as erulae olia rough-leaved loosestrife E
Schwalbea americana American chaffseed E
"E" denotes Endangered (a species that is in danger of extinction throughout all or a significant
portion of its range).
T(S/A) -Threatened due to similarity of appearance, a species that is threatened due to similarity of
appearance with other rare species and is listed for its protection. These species are not biologically
endangered or threatened and are not subject to Section 7 consultation.
A biological conclusion of "No Effect" was reached for all species during the August 7,
2000 survey for protected species by Logan Williams. A copy of the field report is enclosed with
this permit application.
REGULATORY APPROVALS
Application is hereby made for a Department of the Army Nationwide 14 Permit as
required for the above-described activities. We are also hereby requesting a 401 Water Quality
Certification from the Division of Water Quality. In compliance with Section 143-215.3D(e) of
the NCAA we have enclosed a check for $200.00 to act as.payment for processing the Section 401
permit application. We are providing seven copies of this application to the North Carolina
Department of Environment and Natural Resources, Division of Water Quality, for their review.
If you have any questions or need additional information please call Ms. Alice N. Gordon
at [phone] extension 288.
Sincerer
William D. Gilmore, P.E., Manager
Project Development & Environmental Analysis Branch
cc: w/attachment
Mr. David Franklin, Corps of Engineers, Wilmington Field Office
Mr. Garland Pardue, USFWS, Raleigh
Mr. N. L. Graf, P.E., FHWA
Mr. John Dorney, NCDENR, Division of Water Quality
Mr. Calvin Leggett, P.E. Program Development Branch
Ms. Deborah Barbour, P.E., Highway Design Branch
Mr. D. R. Henderson, P.E., Hydraulics Unit
Mr. Timothy V. Rountree, P.E., Structure Design Unit
Mr. John Alford, P.E., Roadway Design Unit
Mr. Terry Gibson, P.E., Division 6 Engineer
2
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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT JR. DAVID MCCOY
GOVERNOR SECRETARY
November 7, 2000
MEMORANDUM TO: Greg Burns, P.E.,
Division 6 Operations
FROM: Alice Gordon, Biologist
Natural Systems Unit
SUBJECT: R-4427, NC 210 from US 701 to NC 11. Project No. 8.1421301.
Environmental Permits for Extension of Culverts associated with
R-4427.
The information sent by Division 6 (Greg Burns) on September 7, 2000 demonstrates that the
culvert extensions at the Mileposts listed in Table 1 will cumulatively impact less than 0.1 acres of
jurisdictional surface waters. Each site will impact less than 0.1 acres of jurisdictional surface
waters. There will be no impacts to jurisdictional wetlands at the sites listed in Table 1. Impacts
of less than 0.1 acres to jurisdictional streams qualify for a Nationwide 14 permit that will NOT
require notification to either the U. S. Corps of Engineers or the N.C. Division of Water Quality as
described in [FR March 9, 2000 (Volume 65, Number 47) pagel2888]. Therefore, no notification
is required to the United States Corps of Engineers or to the North Carolina Division of Water
Quality.
Please be advised that the replacement of a pipe by another pipe of similar size as at mileposts
5.2,7.9, 10. 1, and 10.4 qualifies for a Nationwide 3 permit. Although the Nationwide 3 permit and
the Nationwide 14 permit as described above do not require written confirmation from the
agencies, the NCDOT and its contractors are obliged to comply with the attached Nationwide
conditions. Please pay special attention to the Regional Conditions for the Nationwide 14 Permit,
which specify the design and method of construction of culverts. Copies of these conditions are
attached.
5
Table 1. Locations of Culvert Extensions that Qualify for a Nationwide 14 Permit with no
Notification
Milepost* Pipe Proposed Action Linear Feet of
Stream Impacted
5.0 1-24" RCP Extend 10 ` each side 20
5.6 1-36' RCP Extend 10 ` each side 20
6.6 1-54" CMP Extend 10 ` each side 20
6.9 1-24" RCP Extend 10 ` each side 20
8.2 1-30" RCP Extend 10 ` each side 20
8.7 2-36"RCP Extend 10' on downstream side only 10
8.9 1-42"RCP Extend 10 ` each side 20
9.0 1-36" RCP Extend 10' on downstream side only 10
9.1 1-24" RCP Extend 5' each side 10
9.3 1-36" RCP Extend 5' each side 10
9.5 2-36" RCP Extend 5" each side 10
9.6 1-24" RCP Extend 5' each side 10
9.8 1-36" RCP Extend 10' on upstream side only 10
10.2 2-42" RCP Extend 10' on downstream side only 10
11.4 1-24" RCP Extend 5' on upstream side only 5
11.8 1-36" RCP Extend 10' on upstream side only 10
11.9 1-30" RCP Extend 10' each side 20
12.4 1-42" RCP Extend 10' on downstream side only 10
14.7 1-24" RCP Extend 10' on upstream side only 10
17.0 1-48" RCP Extend 10' each side 20
19.9 1-24" RCP Extend 10' on downstream side only 10
20.2 1-36" RCP Extend 10' on downstream side only, 10
23.1 1-24" RCP Extend 10' on downstream side only 10
TOTAL 305
*Distances for Mileposts begin at US 701
6
eM SfAT?°
a
ti
.TAMES B. HUNT JR
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
P.O. BOX 25201, RALEIGH, N.C.
27611-5201
DAVID MCCOY
GOVERNOR
October 23, 2000
Memorandum To:
From:
Subject:
Greg Burns, P.E.
Division Operations Engineer
Logan Williams, Environmental Specialist
PD and EA Unit
SECRETARY
Protected Species Report for R-4427, NC 210 from US 701 to NC 11.
Project Number 8.1421301, Bladen County.
The subject project was surveyed for protected species on August 7, 2000. NCDOT
Division 6 personnel Greg Burns, Drew Cox and Carlos Smith were present during the survey to
provide specific information on project design. During the survey, streams and wetlands were
evaluated to determine whether they were jurisdictional. Specific information regarding stream
and wetland impacts were provided to Alice Gordon, NCDOT Environmental Specialist who
will be preparing the permit application for this project, by Greg Burns on September 7, 2000.
The proposed project will include 2 ft. widening numerous pavement widening on each
side of the roadway and resurfacing. To accommodate the 2-ft. widening numerous culverts will
require extending.
One terrestrial community will be impacted by the proposed project.
Maintained/disturbed lands are intensively managed where humans, structures, or activities
preclude natural plant succession. The roadside shoulder is the only terrestrial community that
will be impacted by the proposed project. Fescue (Festuca sp.), Richardia (Richardia sp.) and
Bermudagrass (Cynodon dactylon)comprise the dominant flora in this community.
Some populations of fauna and flora have been in the process of decline either due to
natural forces or their inability to coexist with man. 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.
7
Plants and animals with federal classifications of Endangered (E), Threatened (T),
Proposed Endangered (PE) and Proposed Threatened (T), Proposed Endangered (PE) and
Proposed Threatened (PT) are protected under provisions of section 7 and section 9 of the
Endangered Species Act of 1973, as amended. As of June 16, 2000, the FWS lists 6 federally
protected species for Bladen County. Table 1 lists the protected species and their status.
Table 1. Federally Protected Species for Bladen County
Scientific Name Common Name Status
Acipenser brevirostrum Shortnose sturgeon E
Alligator mississippiensis American alligator T(S/A)
Picoides borealis Red-cockaded woodpecker E
Lindera melissifolia Pondberry E
Lysimachia asperulaefolia Rough-leaved loosestrife E
Schwalbea americana American chaffseed E
"E"- Endangered- a species in danger of extinction throughout all or a significant portion of its range.
"T(S/A)"- Threatened Due to Similarity of Appearance- a species similar in appearance to another rare
species and listed for its protection.
Name: Short-nosed sturgeon (Acipenser brevirostrum)
Family: Acipenseridae
Federal Status: Endangered
Listed: March 11, 1967
Characteristics:
The short-nosed sturgeon is a primitive fish ranging from 43-109 cm (17-43 in) in length
and characterized by having five rows of large, bony plates (scutes) separated by naked skin,
running the length of the body. The shortnose sturgeon differs from the closely related Atlantic
sturgeon (A. oxyrhynchus), by its smaller size (Atlantic sturgeon may reach 4.3 in [ 14 ft] in
length), short snout and the lack of scutes between the anal fin and the lateral row of scutes (Ross
et al. 1988).
Distribution and Habitat:
The overall range of the shortnose sturgeon extends along the east coast of North
America from the Saint John River, New Brunswick, Canada, to the Indian River, Florida. The
status and distribution of the shortnose sturgeon in North Carolina is poorly understood. Many
records of occurrence can not be validated and were possibly misidentified Atlantic sturgeons
(Ross et al. 1988). This species was previously thought to be extinct from North Carolina
(Schwartz et al. 1977), until verified specimens were collected in the Pee Dee River along the
Anson/Richmond County line (part of the South Carolina Pee Dee River population) and in the
lower Cape Fear River in Brunswick County in 1985 and 1987 respectively (Ross et al. 1988). A
subsequent study of the distribution of the shortnose sturgeon in the Cape Fear River Basin
indicates that the species does utilize the Cape Fear River system, but is believed to be extremely
rare (Moser and Ross 1993).
Preferred habitat for adult shortnose sturgeon is found in coastal rivers and estuaries in
deep areas with soft, vegetated substrates (Ross et al. 1988). Diet consists of benthic
invertebrates, particularly mollusks and plant material. There are very few near-shore ocean
records and it appears that this species prefers waters of lower salinity than does the Atlantic
sturgeon (Gilbert 1989). Although generally considered anadromous, because of the avoidance
of high salinities, this species has been described as intermediate between fully anadromous and
potamodromous (Dadswell 1979, Buckley and Kynard 1985). Two entirely freshwater
populations have been recorded, in South Carolina and Massachusetts (Gilbert et. al 1989). This
avoidance of saline waters is believed to be "the single most important factor in limiting
extensive latitudinal coastal migrations in this species" (Gilbert 1989).
Spawning sites have been described as freshwater swamps or freshwater areas with fast
flow and rough bottoms (Dadswell et al. 1984). Upstream spawning migrations may cover great
distances, if unimpeded by dams, and have been documented to be over 120 miles (USFWS
1992). In the southern portions of the range, spawning occurs between January and April and
appears to be prompted by water temperature (Dadswell et al. 1984). Juveniles are generally
benthic and non-migratory, remaining in freshwater habitats until they attain a size of 45-cm fork
length or 2 to 8 years of age (Dadswell et al. 1984).
Threats to Species:
Overfishing, obstruction by dams to upstream spawning grounds, and water quality
degradation have been attributed to the decline of sturgeon in general along the Atlantic coast
(Van Den Avyle 1984, USFWS 1992). Moser and Ross (1993) reported that Lock and Dam #1
on the Cape Fear River appeared to block spawning migration of radio-telemetry tracked
shortnose sturgeon.
Biological Conclusion: No Effect
A survey of water bodies crossed by the proposed project was conducted on August 7,
2000. The streams crossed by the proposed project were not of sufficient depth to be utilized by
shortnose sturgeon. A review of the Natural Heritage program database of rare species and
unique habitats does not list this species in the project area. Therefore, project construction will
not impact this species.
Name: American alligator (Alligator mississippiensis)
Family: Alligatoridae
Federal Status: Threatened Due to Similarity of Appearance
Date Listed: June 4, 1987
Characteristics:
The alligator is a large aquatic reptile, measuring 1.8-5.8 meters in length, with a broadly
rounded snout, heavy body, laterally compressed tail, and a dark gray or blackish color. Young
are black with conspicuous yellow crossbands; the banding may occasionally persist on adults,
although very faintly. Unlike the American crocodile, the fourth tooth on the lower jaw of the
alligator fits in a notch in the upper jaw and is not exposed when the jaws are closed.
Distribution and Habitat:
The alligator can be found on the east coast of the United States from Tyrrell County,
North Carolina to Corpus Christi, Texas, and north in the Mississippi River drainage basin to
Arkansas and southeastern Oklahoma. Home ranges may vary considerably, with 3,162 acres for
males and 21 acres for females being average. Individuals can travel great distances, both
overland and in the water, but males tend to travel more than females:
The alligator is found rivers, streams, canals, lakes, swamps, bayous, and coastal
marshes. Adult animals are highly tolerant of salt water, but the young are apparently more
sensitive, with salinities greater than 5 parts per thousand considered harmful. The diet consists
of anything of suitable size, including mammals, reptiles, amphibians, birds, fish, and
crustaceans.
Nesting takes place in late spring and early summer, with the female building a mound of
grass and other vegetation that may be two feet high and six feet across. The nest is usually
constructed near the water, in a shaded location. The clutch of 30-60 (average 35) eggs is laid in
a cavity near the top of the mound, and is incubated by the heat from the decaying vegetation.
The female usually remains near the nest until the eggs hatch. Hatching takes place in about nine
weeks, at which time the young begin calling to alert the female to excavate the nest.
Threats to Species:
The primary threats to the alligator in the past have been loss of habitat and overhunting.
The legal protections in recent years have allowed this species to increase significantly, and it is
now considered biologically secure.
Distinctive Characteristics:
The alligator is distinguished from the American crocodile by its broad, rounded snout
and the way its fourth tooth of its lower jaw fits into a notch in the upper jaw when the jaws are
closed, and is therefore not exposed when the jaws are closed.
Biological Conclusion:
This species is listed as Threatened Due to Similarity of Appearance, and is therefore not
protected under Section 7 of the Endangered Species Act. However, in order to control the
illegal trade of other protected crocodilians such as the American crocodile, federal regulations
(such as hide tagging) are maintained on the commercial trade of alligators. No survey is
required for this species.
Name: Red-cockaded woodpecker (Picoides borealis)
Family: Picidae
Federal Status: Endangered
Listed: October 13, 1970
Characteristics:
The red-cockaded woodpecker (RCW), one of nine Picoides native to the United States, is
endemic to the yellow pine forests of the southern United States. The RCW's plumage is
entirely black and white except for small red streaks on the sides of the nape in the male. The
back is black and white with horizontal stripes and the breast and underside are white with
streaked flanks. There is a large white cheek patch surrounded by the black cap, nape, and throat.
10
Distribution and Habitat:
RCWs use open old growth stands of southern pines, particularly longleaf pine (Pinus
palustris), for foraging and nesting habitat. A forested stand must contain at least 50% pine.
These birds nest exclusively in trees that are >60 years old and are contiguous with pine stands at
least 30 years of age. The foraging range of the RCW is from up to 202 ha (500 ac), and 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 3.6-30.0 in
(12.0-100.0 ft) above the ground and average 9.1- 15.2 in (30.0-50.0 ft) high. Cavity trees can be
identified by "candle-sticking," a large incrustation of running sap surrounding the nest cavity.
This is arguably used as a defense against possible predators. A clan of woodpeckers usually
consists of one breeding pair and the offspring from previous years. The eggs are laid in April,
May, and June and hatch 38 days later. Clutch size is from 3-5 eggs. All members of the clan
share in raising the young. RCWs feed mainly on insects but may also feed on seasonal wild
fruits.
Threats to Species:
Clearing of mature pine forests for forestry, agricultural and development purposes,
coupled. with fire suppression has lead to the decline, and population fragmentation of this
species throughout its range. The rarity of the RCW, along with documented declines in local
populations, and diminished availability of nesting habitats led to the species being listed as
Endangered in 1970.
Biological Conclusion: No Effect
All construction for the proposed project will be confined to the maintained road
shoulder. The project was surveyed on August 7, 2000 by NCDOT biologist Logan Williams.
Foraging and nesting habitat was not found within the construction limits of the proposed
project. However, a review of the Natural Heritage program database of rare species and unique
habitats has a record for this species within 1 mile of the proposed project. Since the proposed
project construction is limited to the maintained road shoulder, it can be concluded that project
construction will not impact this species.
Name: Pondberry (Lindera melissifolia)
Family: Laurel (Lauraceae)
Federal Status: Endangered
Date Listed: July 31, 1986
Best Search Time: February-September
Characteristics:
Pondberry is a deciduous shrub growing to approximately 2 meters tall, and spreading by
means of stolons. The leaves are thin, drooping, prominently veined and pubescent beneath,
ovate to elliptical, and have rounded bases. Leaves emit a sassafras-like odor when crushed.
This species is dioecious (male and female flowers are on separate plants), and the flowers of
both sexes are pale yellow, small, and appear before the leaves in the spring. The fruit is a bright
11
red drupe containing one seed, which forms in the late summer or fall and is supported on a stout
pedicel that remains on the branch after the fruit falls. Vegetative reproduction (stolons) seems
to be more common than sexual reproduction (seeds).
Distribution and Habitat:
Pondberry is known from several widely scattered locations across the Southeast, in
Arkansas, Georgia, Mississippi, Missouri, North Carolina, and South Carolina. In interior areas,
habitat for pondberry consists of seasonally flooded wetlands, sandy sinks, pond margins, and
swampy depressions (Steyermark 1949). In the coastal plain of the Carolinas, pondberry is
found along the margins of sinks, ponds, and pineland depressions. Soils in these areas are
sandy with a high peat content, and have a high water table. Fire may have been an important
factor in maintaining suitable habitat in the past. This species is most often found in shade, but
may be seen full sun in areas where competition is not as intense.
Threats to Species:
The greatest threat to this species is loss of habitat through ditching wetlands for
residential, commercial, or agricultural development. Other activities that can adversely affect
this species are disturbance by livestock and timber harvesting.
Distinctive Characteristics:
Pondberry can be distinguished from southern spicebush (Lindera benzoin) by having
drooping foliage, rounded leaf bases rather than tapered, sassafras-like odor of the crushed leaves
rather than spicy, and fruit pedicels that persist throughout the winter. Pondberry can be
distinguished from bog spicebush (Lindera subcoriacea) because the latter's leaves have little or
no fragrance when crushed.
Biological Conclusion: No Effect
A survey was conducted for this species by NCDOT biologist Logan Williams on August
7, 2000. This species was not found during the survey. A review of the Natural Heritage
program database of rare species and unique habitats did not list this species in the project area.
Given the results of the survey it can be concluded that project construction will not impact this
species.
Name: Rough-leaved Loosestrife (Lysimachia asperulaefolia)
Family: Primrose (Primulaceae)
Federal Status: Endangered
Date Listed: June 12, 1987
Best Search Time: late spring through mid summer (late May - early June)
Characteristics:
Rough-leaved loosestrife is a perennial herb growing from 30 - 60 cm (12 - 24 in) tall.
Its sessile leaves, in whorls of three to four, are broadest at the base and have three prominent
veins. The leaves are entire, slightly revolute (rolled under along the margins), yellow-green or
blue-green in color and lustrous. Rough-leaved loosestrife flowers from May to June. The .
yellow flowers are formed in a loose, cylindrical, terminal raceme that is 3-10 cm (1.2 - 3.9 in)
12
long. Each corolla is 1.5 cm (0.6 in) across and contains five dotted or streaked petals. Fruits in
the form of a capsule are formed by August but don't dehisce until October. Rough-leaved
loosestrife depends on rhizomatous growth rather than sexual reproduction for short-term
survival. The leaves turn a reddish color in fall and the plant overwinters in a dormant stage.
Stipitate glands are found on most parts of the plant.
Distribution and Habitat:
Rough-leaved loosestrife is endemic to the Coastal Plain and Sandhills of North Carolina
and South Carolina. Typical habitat for rough-leaved loosestrife is the ecotone between high
pocosin and longleaf pine (or oak) savannas that contain sandy or peaty soils and full sunlight.
Rough-leaved loosestrife sometimes occurs in low pocosin openings where light is abundant at
ground level. Other habitats where this species is found include ecotones of stream-head
pocosins in the Sandhills and Sandhill Seeps where wet sands are underlain by clay, allowing
water to seep to the surface along slopes.
Threats to Species:
Urban development, conversion of land to agricultural and silvicultural practices and
associated drainage and fire suppression allows growth of shrubs and trees that shade out this
species. Plowing firebreaks along ecotones could also negatively impact rough-leaved
loosestrife.
Distinct Characteristics:
Leaves in whorls of three to four; yellow flowers in a terminal raceme.
Other:
At the time the recovery plan was written, there were 58 known populations in North
Carolina and one known population in South Carolina.
BIOLOGICAL CONCLUSION: No Effect
A survey was conducted for this species by NCDOT biologist Logan Williams on August
7, 2000. All construction for the proposed project will be confined to the maintained road
shoulder. This species was not found during the survey. A review of the Natural Heritage
program database of rare species and unique habitats did not list this species in the project area.
Given the results of the survey it can be concluded that project construction will not impact this
species.
Name: American Chaffseed (Schwalbea americana)
Family: Snapdragon (Scrophulariaceae)
Federal Status: Endangered
Date Listed: September 29,1992
Best Search Time: April through June in the south.
Characteristics:
13
American chaffseed is an erect herb to 30 - 60 cm (12 - 24 in). It is densely hairy
throughout, including the flowers. The entire leaves are alternate, lance shaped to elliptic and
2.5 - 5.0 cm (0.8 - 2.0 in) long. The upper leaves are reduced to narrow bracts. The tubular
flowers are two-lipped and purplish-yellow in color. They are 3.0 - 3.5 cm (1.2 -1.4 in) long
and borne singly on short stalks in the axils of the uppermost leaves (bracts) and form a many
flowered spike-like raceme. Fruits are narrow capsules approximately 10 - 12 mm (0.4 - 0.5 in)
long. Numerous seeds are produced and they are greenish brown or yellowish tan in color.
Distribution and Habitat Requirements:
American chaffseed is found primarily in the coastal plain of New Jersey, North
Carolina, South Carolina, Georgia and Florida. American chaffseed is most often found in sandy
(sandy peat, sandy loam) acidic, seasonally moist to dry soils. Plant communities with which
this species is most often associated with include pine flatwoods, fire maintained savannas,
ecotones between peaty wetlands and xeric sandy soils and other open grass-sedge systems. This
species is believed to be shade intolerant and is therefore found in areas maintained in open to
partially open conditions. Most extant populations are in areas subject to frequent fire. This
species is also known to occur on road shoulders and in power line rights-of-way that experience
frequent mowing.
Threats to Species:
Fire suppression, allowing the succession of its habitat, is the greatest threat to this
species. Other threats include development, discontinuation of game (quail) management and
the conversion of pine flatwoods and pine savannas to commercial pine plantations.
Roadside Populations:
One historical roadside population occurs on SR 2026 in Moore County (EO 009).
Searches in 1998 did not reveal any plants. American chaffseed was last observed at this site in
1993.
Distinct Characteristics:
Upright herb, 30 - 60 cm (12 - 24 in) in height. Alternate leaves diminishing upwards.
Two-lipped tubular flowers, purplish-yellow in color and 3.0 - 3.5 cm (1.2 - 1.4 in) long, on
short stalks in the axils of the uppermost leaves (bracts). Hairy stems, leaves and flowers.
Biological Conclusion: No Effect
A survey was conducted for this species by NCDOT biologist Logan Williams on August
7, 2000. All construction for the proposed project will be confined to the maintained road
shoulder. This species was not found during the survey. A review of the Natural Heritage
program database of rare species and unique habitats did not list this species in the project area.
Given the results of the survey it can be concluded that project construction will not impact this
species.
A review of the data base of the N. C. Natural Heritage Program Rare Species and
Unique Habitats reveals a number of records of rare species within 1 mi of the proposed project.
Most of the records are for the South River, which is located less than 1 mile from most of the
14
project. Surveys were not conducted for these species. However, because of the minor impacts
to the natural communities associated with the proposed project, construction is not expected to
have a negative effect on these species.
CC. Hal Bain, Unit Head
File: R-4427
Bladen County
TIP Resurfacing
NC ? 10 - from US 701 to NC 11
*Distances for mileposts begin at US 701
*DS=Downstream; US=Upstream
Milepost Pipe Proposed Action I Linear Feet of
Stream Impacted Square Feet of
Wetlands Impacted
3.7 3-48" CMP Extend 10' each side I 10 (DS) I 200 (US)
5.0 1-24" RCP Extend 10' each side 1 20 N/A I
52 1-54"CMP N/A N/A I N/A I
5.6 1-36" RCP Extend 10' each side I 20 I NIA
5.9 2-32" RCP Extend 10' each side I 10 (DS) I 200 (US)
6.3 1-36" RCP Extend 10' each side I 10 (DS) 200 (US)
6.6 1-54"(,mF1 Extend 10' each side I 20 i NIA
6.9 1-24" RCP Extend 10' each side 20 N/A
7.9 1-36" RCP I Replace pipe - no impact I N,'A Ni A
8.2 I-30" RCP 1 Extend 10' each side 20 ! NIA
1 8.7 2-36" RCP Extend 10' on downstream side only ! 10 (DS) VA
8.9 1 1-42" RCP Extend 10' each side I 20 N:A
9.0 I-36" RCP I Extend 10' on downstream side only I 10 (DS) N/A
I 9.1 1-24" RCP Extend 5' each side I 10 N,A
j 9.3 1 1-36" RCP 1 Extend 5' each side I l0 j N/A I
9.5 2-36" RCP I Extend 5' each side I 10 I N/A
9.6 1-24" RCP ( Extend 5' each side ! 10 N:'A
r 9.Q 1-36" RCP I Extend 10' on upstream side only I 10 (US) N/A
r 10.1 1 2-4Z" RGP 1 Extend 5' on upstream side only I N/A i N: A j
10.2 ( 2-42" RCP 1 Extend 10' on downstream side only I 10 (DS) I N; `A
10.4 1-36" RCP I N/A ! N,,A NIA
j 11.4 I 1-24" RCP I Extend 5' on upstream side onlv 5 (US) i NIA
11.8 1-36- RCP Extend 10' on upstream side only i N/A ! 200 (US)
1 11.9 I I-30" RCP 1 Extend 10' each side I 20 N-,a
1 12.4 1-42" RCP 1 Extend 10' on downstream side only I 10 (DS) I N:'A
1 14.7 1 1-24" RCP Extend 10' on upstream side only ! 10 (US) 1 N/A
17.0 1 1-48" RCP 1 Extend 10' each side I 20 I NIA
i 19.9 I 1-24" RCP Extend 10' on downstream side only I 10 (DS) N;A
20.2 1-36" RCP Extend 10' on downstream side only ! 10 (DS) N/A
23.1 1-24" RCP Extend 10-on downstream side only 1 10 (DS) 1 N/A 1
TOTALS ( 325 1 800
e,w AATFa ® 1 ®4 0 8
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY DAVID MCCOY
GOVERNOR SECRETARY
January 11, 2001
U. S. Army Corps of Engineers
Wilmington Regulatory Field Office
P. O. Box 1890
Wilmington, North Carolina 28402-1890
ATTN.: Mr. David Timpy
NCDOT Coordinator
Dear Sir:
MAR 2.0
Subject: Application for Nationwide Permit 14.
Bladen County, Widening and Resurfacing of NC 210 from US 701 to NC 11, State
Project No. 81421301, T.I.P. No. R-4427.
The North Carolina Department of Transportation (NCDOT) proposes to widen NC 210 in
Bladen County from US 701 to NC 11. The project, approximately 28.6 miles in length, consists
of the widening the existing pavement by approximately 2 feet on both sides of the road and .? -?
resurfacing the road. This widening will require the extension of 30 culverts. Only four of the
sites will affect jurisdictional wetlands. The other 23 sites impact only streams and each of these r-T-i
sites impacts less than 0.1 acres. The cumulative impact of these 23 stream sites is less than 0.1 m
acres in size. Impacts of less that 0.1 acres to jurisdictional streams qualify for a Nationwide 14 c D
-t
permit that will NOT require notification to either the USACE or the N.C. Division of Water
Quality as described in [FR March 9, 2000(Vol. 65, No. 47) page 12888]. Therefore, the stream
sites qualified for a Nationwide 14 permit with no notification. We have attached a copy of our
notification to NCDOT Division 6 Operations describing their responsibilities for the work at
these 23 sites.
This document is a Nationwide 14 application for the four sites that will impact
jurisdictional wetlands. The sites to be affected are listed is Table 1 and depicted on the enclosed
drawings. The footprint of the wetland impact at each site will be 200 square feet (<0.01 acres)
and the cumulative impact at all four sites will be 800 square feet (0.02 acres).
2
RESOURCE STATUS
Wetlands and Streams: The jurisdictional status of the streams and wetlands was
conducted by Mr. Logan Williams on August 7, 2000 using the criteria specified in the 1987
Corps of Engineers Wetland Delineation Manual. The location of the sites are depicted on
Figure 1.
(1) Sites 1, 2 and 3 are located at mileposts 3.7, 5.6, and 6.3. They consist of streams
(UT to the Black River) and small streamside wetlands dominated by Polganum
sagittatum, Ludwigia alternifolia, and Scirpus cyperinus. The sites are tangles of
these species.
(2) (2) Site 4 is located at milepost 11.8. It consists of a streams (UT to the Black
River) and small streamside wetlands dominated by Itea virginica, Polganum
sagittatum, and Rhexia mariana.
Table 1. R-4427 Jurisdictional Wetland Sites
Site Milepost Structure Permanent Wetland Stream Data
Impacts (ac) DWQ Index No.
1 3.7 3-48" CMP <0.01 UT to South River
18-68-12-(8.5)
2 5.9 2-42" RCP <0.01 UT to South River
18-68-12-(8.5)
3 6.3 1-36" RCP <0.01 UT to South River
18-68-12-(8.5)
4 11.8 1-36" RCP <0.01 UT to South River
18-68-12-(8.5)
TOTAL 0.018
Endangered Plants and animals with Federal classification of Endangered (E) or
Threatened (T) are protected under provisions of Section 7 and Section 9 of the Endangered
Species Act of 1973, as amended. As of June 16, 2000, the U.S. Fish and Wildlife Service
(Service) lists six federally protected species for Bladen County (Table 2).
Table 2. Federally Protected Species for Bladen County
SCIENTIFIC NAME COMMON NAME STATUS
Aci enset° brevirostrum Shortnose sturgeon E
Alligator mississi iensis American alligator T S/A
Picoides borealis red-cockaded woodpecker E
Lindera melissi olia ondberr E
L simachia as erulae olia rough-leaved loosestrife E
Schwalbea americana American chaffseed E
"E" denotes Endangered (a species that is in danger of extinction throughout all or a significant
portion of its range).
T(S/A) -Threatened due to similarity of appearance, a species that is threatened due to similarity of
appearance with other rare species and is listed for its protection. These species are not biologically
endangered or threatened and are not subject to Section 7 consultation.
3
A biological conclusion of "No Effect" was reached for all species during the August 7,
2000 survey for protected species by Logan Williams. A copy of the field report is enclosed with
this permit application.
REGULATORY APPROVALS
Application is hereby made for a Department of the Army Nationwide 14 Permit as
required for the above-described activities. We are also hereby requesting a 401 Water Quality
Certification from the Division of Water Quality. In compliance with Section 143-215.3D(e) of
the NCAA we have enclosed a check for $200.00 to act as payment for processing the Section 401
permit application. We are providing seven copies of this application to the North Carolina
Department of Environment and Natural Resources, Division of Water Quality, for their review.
If you have any questions or need additional information please call Ms. Alice N. Gordon
at [phone] extension 288.
Sincerely,
William D. Gilmore, P.E., Manager
3 Project Development & Environmental Analysis Branch
cc: w/attachment
Mr. David Franklin, Corps of Engineers, Wilmington Field Office
Mr. Garland Pardue,. USFWS, Raleigh
Mr. N. L. Graf, P.E., FHWA
Mr. John Dorney, NCDENR, Division of Water Quality
Mr. Calvin Leggett, P.E. Program Development Branch
Ms. Deborah Barbour, P.E., Highway Design Branch
Mr. D. R. Henderson, P.E., Hydraulics Unit
Mr. Timothy V. Rountree, P.E., Structure Design Unit
Mr. John Alford, P.E., Roadway Design Unit
Mr. Terry Gibson, P.E., Division 6 Engineer
2
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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT JR. DAVID MCCOY
GOVERNOR SECRETARY
November 7, 2000
MEMORANDUM TO: Greg Burns, P.E.,
Division 6 Operations
FROM: Alice Gordon, Biologist
Natural Systems Unit
SUBJECT: R-4427, NC 210 from US 701 to NC 11. Project No. 8.1421301.
Environmental Permits for Extension of Culverts associated with
R-4427.
The information sent by Division 6 (Greg Burns) on September 7, 2000 demonstrates that the
culvert extensions at the Mileposts listed in Table 1 will cumulatively impact less than 0.1 acres of
jurisdictional surface waters. Each site will impact less than 0.1 acres of jurisdictional surface
waters. There will be no impacts to jurisdictional wetlands at the sites listed in Table 1. Impacts
of less than 0.1 acres to jurisdictional streams qualify for a Nationwide 14 permit that will NOT
require notification to either the U. S. Corps of Engineers or the N.C. Division of Water Quality as
described in [FR March 9, 2000 (Volume 65, Number 47) pagel2888]. Therefore, no notification
is required to the United States Corps of Engineers or to the North Carolina Division of Water
Quality.
Please be advised that the replacement of a pipe by another pipe of similar size as at mileposts
5.2,7.9, 10. 1, and 10.4 qualifies for a Nationwide 3 permit. Although the Nationwide 3 permit and
the Nationwide 14 permit as described above do not require written confirmation from the
agencies, the NCDOT and its contractors are obliged to comply with the attached Nationwide
conditions. Please pay special attention to the Regional Conditions for the Nationwide 14 Permit,
which specify the design and method of construction of culverts. Copies of these conditions are
attached.
5
Table 1. Locations of Culvert Extensions that Qualify for a Nationwide 14 Permit with no
Notification
Milepost* Pipe Proposed Action Linear Feet of
Stream Impacted
5.0 1-24" RCP Extend 10 ' each side 20
5.6 1-36' RCP Extend 10 ' each side 20
6.6 1-54" CMP Extend 10 ' each side 20
6.9 1-24" RCP Extend 10 ' each side 20
8.2 1-30" RCP Extend 10 ' each side 20
8.7 2-36"RCP Extend 10' on downstream side only 10
8.9 1-42"RCP Extend 10 ' each side 20
9.0 1-36" RCP Extend 10' on downstream side only 10
9.1 1-24" RCP Extend 5' each side 10
9.3 1-36" RCP Extend 5' each side 10
9.5 2-36" RCP Extend 5" each side 10
9.6 1-24" RCP Extend 5' each side 10
9.8 1-36" RCP Extend 10' on upstream side only 10
10.2 2-42" RCP Extend 10' on downstream side only 10
11.4 1-24" RCP Extend 5' on upstream side only 5
11.8 1-36" RCP Extend 10' on upstream side only 10
11.9 1-30" RCP Extend 10' each side 20
12.4 1-42" RCP Extend 10' on downstream side only 10
14.7 1-24" RCP Extend 10' on upstream side only 10
17.0 1-48" RCP Extend 10' each side 20
19.9 1-24" RCP Extend 10' on downstream side only 10
20.2 1-36" RCP Extend 10' on downstream side only 10
23.1 1-24" RCP Extend 10' on downstream side only 10
TOTAL 305
*Distances for Mileposts begin at US 701
aS p,w SfAT£ o
•? pw? yb ?
JAMES B. HUNT JR.
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
P.O. BOX 25201, RALEIGH, N.C.
27611-5201
DAVID MCCOY
GOVERNOR
October 23, 2000
Memorandum To
From:
Subject:
Greg Burns, P.E.
Division Operations Engineer
Logan Williams, Environmental Specialist
PD and EA Unit
SECRETARY
Protected Species Report for R-4427, NC 210 from US 701 to NC 11.
Project Number 8.1421301, Bladen County.
The subject project was surveyed for protected species on August 7, 2000. NCDOT
Division 6 personnel Greg Burns, Drew Cox and Carlos Smith were present during the survey to
provide specific information on project design. During the survey, streams and wetlands were
evaluated to determine whether they were jurisdictional. Specific information regarding stream
and wetland impacts were provided to Alice Gordon, NCDOT Environmental Specialist who
will be preparing the permit application for this project, by Greg Burns on September 7, 2000.
The proposed project will include 2 ft. widening numerous pavement widening on each
side of the roadway and resurfacing. To accommodate the 2-ft. widening numerous culverts will
require extending.
One terrestrial community will be impacted by the proposed project.
Maintained/disturbed lands are intensively managed where humans, structures, or activities
preclude natural plant succession. The roadside shoulder is the only terrestrial community that
will be impacted by the proposed project. Fescue (Festuca sp.), Richardia (Richardia sp.) and
Bermudagrass (Cynodon dactylon)comprise the dominant flora in this community.
Some populations of fauna and flora have been in the process of decline either due to
natural forces or their inability to coexist with man. 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.
7
Plants and animals with federal classifications of Endangered (E), Threatened (T),
Proposed Endangered (PE) and Proposed Threatened (T), Proposed Endangered (PE) and
Proposed Threatened (PT) are protected under provisions of section 7 and section 9 of the
Endangered Species Act of 1973, as amended. As of June 16, 2000, the FWS lists 6 federally
protected species for Bladen County. Table 1 lists the protected species and their status.
Table 1. Federally Protected Species for Bladen County
Scientific Name Common Name Status
Acipenser brevirostrum Shortnose sturgeon E
Alligator mississippiensis American alligator T(S/A)
Picoides borealis Red-cockaded woodpecker E
Lindera melissifolia Pondberry E
Lysimachia asperulaefolia Rough-leaved loosestrife E
Schwalbea americana American chaffseed E
"E"- Endangered- a species in danger of extinction throughout all or a significant portion of its range.
"T(S/A)"- Threatened Due to Similarity of Appearance- a species similar in appearance to another rare
species and listed for its protection.
Name: Short-nosed sturgeon (Acipenser brevirostrum)
Family: Acipenseridae
Federal Status: Endangered
Listed: March 11, 1967
Characteristics:
The short-nosed sturgeon is a primitive fish ranging from 43-109 cm (17-43 in) in length
and characterized by having five rows of large, bony plates (scutes) separated by naked skin,
running the length of the body. The shortnose sturgeon differs from the closely related Atlantic
sturgeon (A. oxyrhynchus), by its smaller size (Atlantic sturgeon may reach 4.3 in [14 ft] in
length), short snout and the lack of scutes between the anal fin and the lateral row of scutes (Ross
et al. 1988).
Distribution and Habitat:
The overall range of the shortnose sturgeon extends along the east coast of North
America from the Saint John River, New Brunswick, Canada, to the Indian River, Florida. The
status and distribution of the shortnose sturgeon in North Carolina is poorly understood. Many
records of occurrence can not be validated and were possibly misidentified Atlantic sturgeons
(Ross et al. 1988). This species was previously thought to be extinct from North Carolina
(Schwartz et al. 1977), until verified specimens were collected in the Pee Dee River along the
Anson/Richmond County line (part of the South Carolina Pee Dee River population) and in the
lower Cape Fear River in Brunswick County in 1985 and 1987 respectively (Ross et al. 1988). A
subsequent study of the distribution of the shortnose sturgeon in the Cape Fear River Basin
indicates that the species does utilize the Cape Fear River system, but is believed to be extremely
rare (Moser and Ross 1993).
Preferred habitat for adult shortnose sturgeon is found in coastal rivers and estuaries in
deep areas with soft, vegetated substrates (Ross et al. 1988). Diet consists of benthic
invertebrates, particularly mollusks and plant material. There are very few near-shore ocean
records and it appears that this species prefers waters of lower salinity than does the Atlantic
sturgeon (Gilbert 1989). Although generally considered anadromous, because of the avoidance
of high salinities, this species has been described as intermediate between fully anadromous and
potamodromous (Dadswell 1979, Buckley and Kynard 1985). Two entirely freshwater
populations have been recorded, in South Carolina and Massachusetts (Gilbert et. al 1989). This
avoidance of saline waters is believed to be "the single most important factor in limiting
extensive latitudinal coastal migrations in this species" (Gilbert 1989).
Spawning sites have been described as freshwater swamps or freshwater areas with fast
flow and rough bottoms (Dadswell et al. 1984). Upstream spawning migrations may cover great
distances, if unimpeded by dams, and have been documented to be over 120 miles (USFWS
1992). In the southern portions of the range, spawning occurs between January and April and
appears to be prompted by water temperature (Dadswell et al. 1984). Juveniles are generally
benthic and non-migratory, remaining in freshwater habitats until they attain a size of 45-cm fork
length or 2 to 8 years of age (Dadswell et al. 1984).
Threats to Species:
Overfishing, obstruction by dams to upstream spawning grounds, and water quality
degradation have been attributed to the decline of sturgeon in general along the Atlantic coast
(Van Den Avyle 1984, USFWS 1992). Moser and Ross (1993) reported that Lock and Dam #1
on the Cape Fear River appeared to block spawning migration of radio-telemetry tracked
shortnose sturgeon.
Biological Conclusion: No Effect
A survey of water bodies crossed by the proposed project was conducted on August 7,
2000. The streams crossed by the proposed project were not of sufficient depth to be utilized by
shortnose sturgeon. A review of the Natural Heritage program database of rare species and
unique habitats does not list this species in the project area. Therefore, project construction will
not impact this species.
Name: American alligator (Alligator mississippiensis)
Family: Alligatoridae
Federal Status: Threatened Due to Similarity of Appearance
Date Listed: June 4, 1987
Characteristics:
The alligator is a large aquatic reptile, measuring 1.8-5.8 meters in length, with a broadly
rounded snout, heavy body, laterally compressed tail, and a dark gray or blackish color. Young
are black with conspicuous yellow crossbands; the banding may occasionally persist on adults,
although very faintly. Unlike the American crocodile, the fourth tooth on the lower jaw of the
alligator fits in a notch in the upper jaw and is not exposed when the jaws are closed.
Distribution and Habitat:
9
The alligator can be found on the east coast of the United States from Tyrrell County,
North Carolina to Corpus Christi, Texas, and north in the Mississippi River drainage basin to
Arkansas and southeastern Oklahoma. Home ranges may vary considerably, with 3,162 acres for
males and 21 acres for females being average. Individuals can travel great distances, both
overland and in the water, but males tend to travel more than females.
The alligator is found rivers, streams, canals, lakes, swamps, bayous, and coastal
marshes. Adult animals are highly tolerant of salt water, but the young are apparently more
sensitive, with salinities greater than 5 parts per thousand considered harmful. The diet consists
of anything of suitable size, including mammals, reptiles, amphibians, birds, fish, and
crustaceans.
Nesting takes place in late spring and early summer, with the female building a mound of
grass and other vegetation that may be two feet high and six feet across. The nest is usually
constructed near the water, in a shaded location. The clutch of 30-60 (average 35) eggs is laid in
a cavity near the top of the mound, and is incubated by the heat from the decaying vegetation.
The female usually remains near the nest until the eggs hatch. Hatching takes place in about nine
weeks, at which time the young begin calling to alert the female to excavate the nest.
Threats to Species:
The primary threats to the alligator in the past have been loss of habitat and overhunting.
The legal protections in recent years have allowed this species to increase significantly, and it is
now considered biologically secure.
Distinctive Characteristics:
The alligator is distinguished from the American crocodile by its broad, rounded snout
and the way its fourth tooth of its lower jaw fits into a notch in the upper jaw when the jaws are
closed, and is therefore not exposed when the jaws are closed.
Biological Conclusion:
This species is listed as Threatened Due to Similarity of Appearance, and is therefore not
protected under Section 7 of the Endangered Species Act. However, in order to control the .
illegal trade of other protected crocodilians such as the American crocodile, federal regulations
(such as hide tagging) are maintained on the commercial trade of alligators. No survey is
required for this species.
Name: Red-cockaded woodpecker (Picoides borealis)
Family: Picidae
Federal Status: Endangered
Listed: October 13, 1970
Characteristics:
The red-cockaded woodpecker (RCW), one of nine Picoides native to the United States, is
endemic to the yellow pine forests of the southern United States. The RCW's plumage is
entirely black and white except for small red streaks on the sides of the nape in the male. The
back is black and white with horizontal stripes and the breast and underside are white with
streaked flanks. There is a large white cheek patch surrounded by the black cap, nape, and throat.
10
Distribution and Habitat:
RCWs use open old growth stands of southern pines, particularly longleaf pine (Pinus
palustris), for foraging and nesting habitat. A forested stand must contain at least 50% pine.
These birds nest exclusively in trees that are >60 years old and are contiguous with pine stands at
least 30 years of age. The foraging range of the RCW is from up to 202 ha (500 ac), and 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 3.6-30.0 in
(12.0-100.0 ft) above the ground and average 9.1- 15.2 in (30.0-50.0 ft) high. Cavity trees can be
identified by "candle-sticking," a large incrustation of running sap surrounding the nest cavity.
This is arguably used as a defense against possible predators. A clan of woodpeckers usually
consists of one breeding pair and the offspring from previous years.. The eggs are laid in April,
May, and June and hatch 38 days later. Clutch size is from 3-5 eggs. All members of the clan
share in raising the young. RCWs feed mainly on insects but may also feed on seasonal wild
fruits.
Threats to Species:
Clearing of mature pine forests for forestry, agricultural and development purposes,
coupled with fire suppression has lead to the decline, and population fragmentation of this
species throughout its range. The rarity of the RCW, along with documented declines in local
populations, and diminished availability of nesting habitats led to the species being listed as
Endangered in 1970.
Biological Conclusion: No Effect
All construction for the proposed project will be confined to the maintained road
shoulder. The project was surveyed on August 7, 2000 by NCDOT biologist Logan Williams.
Foraging and nesting habitat was not found within the construction limits of the proposed
project. However, a review of the Natural Heritage program database of rare species and unique
habitats has a record for this species within 1 mile of the proposed project. Since the proposed
project construction is limited to the maintained road shoulder, it can be concluded that project
construction will not impact this species.
Name: Pondberry (Lindera melissifolia)
Family: Laurel (Lauraceae)
Federal Status: Endangered
Date Listed: July 31, 1-986
Best Search Time: February-September
Characteristics:
Pondberry is a deciduous shrub growing to approximately 2 meters tall, and spreading by
means of stolons. The leaves are thin, drooping, prominently veined and pubescent beneath,
ovate to elliptical, and have rounded bases. Leaves emit a sassafras-like odor when crushed.
This species is dioecious (male and female flowers are on separate plants), and the flowers of
both sexes are pale yellow, small, and appear before the leaves in the spring. The fruit is a bright
11
red drupe containing one seed, which forms in the late summer or fall and is supported on a stout
pedicel that remains on the branch after the fruit falls. Vegetative reproduction (stolons) seems
to be more common than sexual reproduction (seeds).
Distribution and Habitat:
Pondberry is known from several widely scattered locations across the Southeast, in
Arkansas, Georgia, Mississippi, Missouri, North Carolina, and South Carolina. In interior areas,
habitat for pondberry consists of seasonally flooded wetlands, sandy sinks, pond margins, and
swampy depressions (Steyermark 1949). In the coastal plain of the Carolinas, pondberry is
found along the margins of sinks, ponds, and pineland depressions. Soils in these areas are
sandy with a high peat content, and have a high water table. Fire may have been an important
factor in maintaining suitable habitat in the past. This species is most often found in shade, but
may be seen full sun in areas where competition is not as intense.
Threats to Species:
The greatest threat to this species is loss of habitat through ditching wetlands for
residential, commercial, or agricultural development. Other activities that can adversely affect
this species are disturbance by livestock and timber harvesting.
Distinctive Characteristics:
Pondberry can be distinguished from southern spicebush (Lindera benzoin) by having
drooping foliage, rounded leaf bases rather than tapered, sassafras-like odor of the crushed leaves
rather than spicy, and fruit pedicels that persist throughout the winter. Pondberry can be
distinguished from bog spicebush (Lindera subcoriacea) because the latter's leaves have little or
no fragrance when crushed.
Biological Conclusion: No Effect
A survey was conducted for this species by NCDOT biologist Logan Williams on August
7, 2000. This species was not found during the survey. A review of the Natural Heritage
program database of rare species and unique habitats did not list this species in the project area.
Given the results of the survey it can be concluded that project construction will not impact this
species.
Name: Rough-leaved Loosestrife (Lysimachia asperulaefolia)
Family: Primrose (Primulaceae)
Federal Status: Endangered
Date Listed: June 12, 1987
Best Search Time: late spring through mid summer (late May - early June)
Characteristics:
Rough-leaved loosestrife is a perennial herb growing from 30 - 60 cm (12 - 24 in) tall.
Its sessile leaves, in whorls of three to four, are broadest at the base and have three prominent
veins. The leaves are entire, slightly revolute (rolled under along the margins), yellow-green or
blue-green in color and lustrous. Rough-leaved loosestrife flowers from May to June. The
yellow flowers are formed in a loose, cylindrical, terminal raceme that is 3-10 cm (1.2 - 3 .9 in)
12
long. Each corolla is 1.5 cm (0.6 in) across and contains five dotted or streaked petals. Fruits in
the form of a capsule are formed by August but don't dehisce until October. Rough-leaved
loosestrife depends on rhizomatous growth rather than sexual reproduction for short-term
survival. The leaves turn a reddish color in fall and the plant overwinters in a dormant stage.
Stipitate glands are found on most parts of the plant.
Distribution and Habitat:
Rough-leaved loosestrife is endemic to the Coastal Plain and Sandhills of North Carolina
and South Carolina. Typical habitat for rough-leaved loosestrife is the ecotone between high
pocosin and longleaf pine (or oak) savannas that contain sandy or peaty soils and full sunlight.
Rough-leaved loosestrife sometimes occurs in low pocosin openings where light is abundant at
ground level. Other habitats where this species is found include ecotones of stream-head
pocosins in the Sandhills and Sandhill Seeps where wet sands are underlain by clay, allowing
water to seep to the surface along slopes.
Threats to Species:
Urban development, conversion of land to agricultural and silvicultural practices and
associated drainage and fire suppression allows growth of shrubs and trees that shade out this
species. Plowing firebreaks along ecotones could also negatively impact rough-leaved
loosestrife.
Distinct Characteristics:
Leaves in whorls of three to four; yellow flowers in a terminal raceme.
Other:
At the time the recovery plan was written, there were 58 known populations in North
Carolina and one known population in South Carolina.
BIOLOGICAL CONCLUSION: No Effect
A survey was conducted for this species by NCDOT biologist Logan Williams on August
7, 2000. All construction for the proposed project will be confined to the maintained road
shoulder. This species was not found during the survey. A review of the Natural Heritage
program database of rare species and unique habitats did not list this species in the project area."
Given the results of the survey it can be concluded that project construction will not impact this
species.
Name: American Chaffseed (Schm,albea americana)
Family: Snapdragon (Scrophulariaceae)
Federal Status: Endangered
Date Listed: September 29,1992
Best Search Time: April through June in the south.
Characteristics:
13
American chaffseed is an erect herb to 30 - 60 cm (12 - 24 in). It is densely hairy
throughout, including the flowers. The entire leaves are alternate, lance shaped to elliptic and
2.5 - 5.0 cm (0.8 - 2.0 in) long. The upper leaves are reduced to narrow bracts. The tubular
flowers are two-lipped and purplish-yellow in color. They are 3.0 - 3.5 cm (1.2 - 1.4 in) long
and borne singly on short stalks in the axils of the uppermost leaves (bracts) and form a many
flowered spike-like raceme. Fruits are narrow capsules approximately 10 - 12 mm (0.4 - 0.5 in)
long. Numerous seeds are produced and they are greenish brown or yellowish tan in color.
Distribution and Habitat Requirements:
American chaffseed is found primarily in the coastal plain of New Jersey, North
Carolina, South Carolina, Georgia and Florida. American chaffseed is most often found in sandy
(sandy peat, sandy loam) acidic, seasonally moist to dry soils. Plant communities with which
this species is most often associated with include pine flatwoods, fire maintained savannas,
ecotones between peaty wetlands and xeric sandy soils and other open grass-sedge systems. This
species is believed to be shade intolerant and is therefore found in areas maintained in open to
partially open conditions. Most extant populations are in areas subject to frequent fire. This
species is also known to occur on road shoulders and in power line rights-of-way that experience
frequent mowing.
Threats to Species:
Fire suppression, allowing the succession of its habitat, is the greatest threat to this
species. Other threats include development, discontinuation of game (quail) management and
the conversion of pine flatwoods and pine savannas to commercial pine plantations.
Roadside Populations:
One historical roadside population occurs on SR 2026 in Moore County (EO 009).
Searches in 1998 did not reveal any plants. American chaffseed was last observed at this site in
1993.
Distinct Characteristics:
Upright herb, 30 - 60 cm (12 - 24 in) in height. Alternate leaves diminishing upwards.
Two-lipped tubular flowers, purplish-yellow in color and 3.0 - 3.5 cm (1.2 - 1.4 in) long, on
short stalks in the axils of the uppermost leaves (bracts). Hairy stems, leaves and flowers.
Biological Conclusion: No Effect
A survey was conducted for this species by NCDOT biologist Logan Williams on August
7, 2000. All construction for the proposed project will be confined to the maintained road
shoulder. This species was not found during the survey. A review of the Natural Heritage
program database of rare species and unique habitats did not list this species in the project area.
Given the results of the survey it can be concluded that project construction will not impact this
species.
A review of the data base of the N. C. Natural Heritage Program Rare Species and
Unique Habitats reveals a number of records of rare species within 1 mi of the proposed project.
Most of the records are for the South River, which is located less than 1 mile from most of the
14
project. Surveys were not conducted for these species. However, because of the minor impacts
to the natural communities associated with the proposed project, construction is not expected to
have a negative effect on these species.
CC. Hal Bain, Unit Head
File: R-4427
? d
Bladen County
TIP Resurfacing
NC ? 10 - from US 701 to NC 11
*Distances for mileposts begin at US 701
*DS=Downstream; US=Upstream
Milepost Pipe Proposed Action Linear Feet of
Stream Impacted Square Feet of
Wetlands Impacted
.
3.7 3-48" CMP Extend 10' each side j 10 (DS) I 200 (U'S)
5.0 1-24" RCP Extend 10' each side j 20 N/A j
5.2 1- 35-4 "CAP N/A Ni;'A N/A
5.6 1-36" RCP Extend 10' each side I 20 j N/A i
5.9 2-42" RCP Extend 10' each side I 10 (DS) I 200 (US)
6.3 1-36" RCP Extend 10' each side i 10 (DS) j 200 (US)
6.6 j ?-54"(mf2 I Extend 10' each side I 20 j N/A I
6.9 1-24" RCP Extend 10' each side 20 I N/A
7.9 1-36" RCP Replace pipe - no impact I N:`A ! N A
8.2 1-30" RCP Extend 10' each side j 20 N/A
I 8.7 2-36" RCP Extend 10' on downstream side only ! 10 (DS) N ;A
8.9 j 1-42" RCP Extend 10' each side '-0 N,A
9.0 I 1-36" RCP j Extend 10' on downstream side only I 10 (DS) i N/A i
9.1 1-24" RCP I Extend 5' each side 10 ; N;A
9.3 1-36" RCP j Extend 5' each side I 10 j N/A
9.? j 2-36" RCP j Extend 5' each side I 10 I N/A
9.6 1-24" RCP Extend 5' each side I 10 N'A
9.Q 1-36" RCP j Extend 10' on upstream side only I 10 (US)
10.1 j 2-41" RGP I Extend 5' on upstream side only I N/A i
j
N7 A
10.2 1 2-42" RCP Extend 10' on downstream side only j 10 (DS) I NrA
10.4 1-36" RCP I N/A I NiA N/A
I 11.4 I 1-'_4" RCP I Extend S on upstream side only 5 (US) N:'A
1 1.8 1-36" RCP Extend 10' on upstream side only i NiA i 200 (US)
j 11.9 1 1-30" RCP j Extend 10' each side I 20 I N ,'A
L 12.4 I 1-42" RCP I Extend 10' on downstream side only- I 10 (DS) I N;A
j 14.7 I 1-24" RCP Extend 10' on upstream side only 1 10 (us) j N%A
17.0 j 1-48" RCP j Extend 10 each side 20 i VA
I 19.9 j 1-24" RCP Extend 10' on downstream side on lv I 10 (DS) N; A
20? I-36" RCP Extend 10' on downstream side only I 10 (DS) i N/A I
23.1 1-24" RCP Extend 10' on downstream side only I 10 (DS) j N/A I
TOTALS j 3?; I 800
.x
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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY
GOVERNOR
January 11, 2001
U. S. Army Corps of Engineers
Wilmington Regulatory Field Office
P. O. Box 1890
Wilmington, North Carolina 28402-1890
ATTN.: Mr. David Timpy
NCDOT Coordinator
Dear Sir:
010408
DAVID MCCOY
SECRETARY

Subject: Application for Nationwide Permit 14.
Bladen County, Widening and Resurfacing of NC 210 from US 701 to NC 11, State
Project No. 81421301, T.I.P. No. R-4427.
The North Carolina Department of Transportation (NCDOT) proposes to widen NC 210 in
Bladen County from US 701 to NC 11. The project, approximately 28.6 miles in length, consists
of the widening the existing pavement by approximately 2 feet on both sides of the road and
resurfacing the road. This widening will require the extension of 30 culverts. Only four of the
sites will affect jurisdictional wetlands. The other 23 sites impact only streams and each of these
sites impacts less than 0.1 acres. The cumulative impact of these 23 stream sites is less than 0.1
acres in size. Impacts of less that 0.1 acres to jurisdictional streams qualify for a Nationwide 14
permit that will NOT require notification to either the USACE or the N.C. Division of Water
Quality as described in [FR March 9, 2000(Vol. 65, No. 47) page 12888]. Therefore, the stream
sites qualified for a Nationwide 14 permit with no notification. We have attached a copy of our
notification to NCDOT Division 6 Operations describing their responsibilities for the work at
these 23 sites.
This document is a Nationwide 14 application for the four sites that will impact
jurisdictional wetlands. The sites to be affected are listed is Table 1 and depicted on the enclosed
drawings. The footprint of the wetland impact at each site will be 200 square feet (<0.01 acres)
and the cumulative impact at all four sites will be 800 square feet (0.02 acres).
M
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M z
? ?
2
RESOURCE STATUS
Wetlands and Streams: The jurisdictional status of the streams and wetlands was
conducted by Mr. Logan Williams on August 7, 2000 using the criteria specified in the 1987
Corps of Engineers Wetland Delineation Manual. The location of the sites are depicted on
Figure 1.
(1) Sites 1, 2 and 3 are located at mileposts 3.7, 5.6, and 6.3. They consist of streams
(UT to the Black River) and small streamside wetlands dominated by Polganum
sagittatum, Ludwigia alternifolia, and Scirpus cyperinus. The sites are tangles of
these species.
(2) (2) Site 4 is located at milepost 11.8. It consists of a streams (UT to the Black
River) and small streamside wetlands dominated by Itea virginica, Polganum
sagittatum, and Rhexia mariana.
Table 1. R-4427 Jurisdictional Wetland Sites
Site Milepost Structure Permanent Wetland Stream Data
Impacts (ac) DWQ Index No.
1 3.7 3-48" CMP <0.01 UT to South River
18-68-12-(8.5)
2 5.9 2-42" RCP <0.01 UT to South River
18-68-12-(8.5)
3 6.3 1-36" RCP <0.01 UT to South River
18-68-12-(8.5)
4 11.8 1-36" RCP <0.01 UT to South River
18-68-12-(8.5)
TOTAL 0.018
Endangered Species: Plants and animals with Federal classification of Endangered (E) or
Threatened (T) are protected under provisions of Section 7 and Section 9 of the Endangered
Species Act of 1973, as amended. As of June 16, 2000, the U.S. Fish and Wildlife Service
(Service) lists six federally protected species for Bladen County (Table 2).
Table 2. Federally Protected Species for Bladen County
SCIENTIFIC NAME COMMON NAME STATUS
Aci enser brevirostrum Shortnose sturgeon E
Alligator mississi iensis American alligator T S/A
Picoides borealis red-cockaded woodpecker E
Lindera melissi olia pondberry E
L simachia as erulae olia rough-leaved loosestrife E
Schwalbea americana American chaffseed E
"E-' denotes Endangered (a species that is in danger of extinction throughout all or a significant
portion of its range).
T(S/A) -Threatened due to similarity of appearance, a species that is threatened due to similarity of
appearance with other rare species and is listed for its protection. These species are not biologically
endangered or threatened and are not subject to Section 7 consultation.
A.

A biological conclusion of "No Effect" was reached for all species during the August 7,
2000 survey for protected species by Logan Williams. A copy of the field report is enclosed with
this permit application.
REGULATORY APPROVALS
Application is hereby made for a Department of the Army Nationwide 14 Permit as
required for the above-described activities. We are also hereby requesting a 401 Water Quality
Certification from the Division of Water Quality. In compliance with Section 143-215.31)(e) of
the NCAA we have enclosed. a check for $200.00 to act as payment for processing the Section 401
permit application. We are providing seven copies of this application to the North Carolina
Department of Environment and Natural Resources, Division of Water Quality, for their review.
If you have any questions or need additional information please call Ms. Alice N. Gordon
at [phone] extension 288.
Sincerely,
?? . Z7/
i William D. Gilmore, P.E., Manager
Project Development & Environmental Analysis Branch
cc: w/attachment
Mr. David Franklin, Corps of Engineers, Wilmington Field Office
Mr. Garland Pardue, USFWS, Raleigh
Mr. N. L. Graf, P.E., FHWA
Mr. John Dorney, NCDENR, Division of Water Quality
Mr. Calvin Leggett, P.E. Program Development Branch
Ms. Deborah Barbour, P.E., Highway Design Branch
Mr. D. R. Henderson, P.E., Hydraulics Unit
Mr. Timothy V. Rountree, P.E., Structure Design Unit
Mr. John Alford, P.E., Roadway Design Unit
Mr. Terry Gibson, P.E., Division 6 Engineer
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? p,w vtt STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT JR. DAVID MCCOY
GOVERNOR SECRETARY
November 7, 2000
MEMORANDUM TO: Greg Burns, P.E.,
Division 6 Operations
FROM: Alice Gordon, Biologist
Natural Systems Unit
SUBJECT: R-4427, NC 210 from US 701 to NC 11. Project No. 8.1421301.
Environmental Permits for Extension of Culverts associated with
R-4427.
The information sent by Division 6 (Greg Burns) on September 7, 2000 demonstrates that the
culvert extensions at the Mileposts listed in Table 1 will cumulatively impact less than 0.1 acres of
jurisdictional surface waters. Each site will impact less than 0.1 acres of jurisdictional surface
waters. There will be no impacts to jurisdictional wetlands at the sites listed in Table 1. Impacts
of less than 0.1 acres to jurisdictional streams qualify for a Nationwide 14 permit that will NOT
require notification to either the U. S. Corps of Engineers or the N.C. Division of Water Quality as
described in [FR March 9, 2000 (Volume 65, Number 47) pagel2888]. Therefore, no notification
is required to the United States Corps of Engineers or to the North Carolina Division of Water
Quality.
Please be advised that the replacement of a pipe by another pipe of similar size as at mileposts
5.2,7.9, 10. 1, and 10.4 qualifies for a Nationwide 3 permit. Although the Nationwide 3 permit and
the Nationwide 14 permit as described above do not require written confirmation from the
agencies, the NCDOT and its contractors are obliged to comply with the attached Nationwide
conditions. Please pay special attention to the Regional Conditions for the Nationwide 14 Permit,
which specify the design and method of construction of culverts. Copies of these conditions are
attached.
Table 1. Locations of Culvert Extensions that Qualify for a Nationwide 14 Permit with no
Notification
Milepost* Pipe Proposed Action Linear Feet of
Stream Impacted
5.0 1-24" RCP Extend 10 ` each side 20
5.6 1-36' RCP Extend 10 ` each side 20
6.6 1-54" CMP Extend 10 ` each side 20
6.9 1-24" RCP Extend 10 ` each side 20
8.2 1-30" RCP Extend 10 ` each side 20
8.7 2-36"RCP Extend 10' on downstream side only 10
8.9 1-42"RCP Extend 10 ` each side 20
9.0 1-36" RCP Extend 10' on downstream side only 10
9.1 1-24" RCP Extend 5' each side 10
9.3 1-36" RCP Extend 5' each side 10
9.5 2-36" RCP Extend 5" each side 10
9.6 1-24" RCP Extend 5' each side 10
9.8 1-36" RCP Extend 10' on upstream side only 10
10.2 2-42" RCP Extend 10' on downstream side only 10
11.4 1-24" RCP Extend 5' on upstream side only 5
11.8 1-36" RCP Extend 10' on upstream side only 10
11.9 1-30" RCP Extend 10' each side 20
12.4 1-42" RCP Extend 10' on downstream side only 10
14.7 1-24" RCP Extend 10' on upstream side only 10
17.0 1-48" RCP Extend 10' each side 20
19.9 1-24" RCP Extend 10' on downstream side only 10
20.2 1-36" RCP Extend 10' on downstream side only 10
23.1 1-24" RCP Extend 10' on downstream side only 10
TOTAL 305
*Distances for Mileposts begin at US 701
6
SrArt
JAMES B. HUNT JR.
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
P.O. BOX 25201, RALEIGH, N.C.
27611-5201
DAVID MCCOY
GOVERNOR
October 23, 2000
Memorandum To
From:
Subject:
Greg Burns, P.E.
Division Operations Engineer
Logan Williams, Environmental Specialist
PD and EA Unit
SECRETARY
Protected Species Report for R-4427, NC 210 from US 701 to NC 11.
Project Number 8.1421301, Bladen County.
The subject project was surveyed for protected species on August 7, 2000. NCDOT
Division 6 personnel Greg Burns, Drew Cox and Carlos Smith were present during the survey to
provide specific information on project design. During the survey, streams and wetlands were
evaluated to determine whether they were jurisdictional. Specific information regarding stream
and wetland impacts were provided to Alice Gordon, NCDOT Environmental Specialist who
will be preparing the permit application for this project, by Greg Burns on September 7, 2000.
The proposed project will include 2 ft. widening numerous pavement widening on each
side of the roadway and resurfacing. To accommodate the 2-ft. widening numerous culverts will
require extending.
One terrestrial community will be impacted by the proposed project.
Maintained/disturbed lands are intensively managed where humans, structures, or activities
preclude natural plant succession. The roadside shoulder is the only terrestrial community that
will be impacted by the proposed project. Fescue (Festuca sp.), Richardia (Richardia sp.) and
Bermudagrass (Cynodon dactylon)comprise the dominant flora in this community.
Some populations of fauna and flora have been in the process of decline either due to
natural forces or their inability to coexist with man. 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.
7
Plants and animals with federal classifications of Endangered (E), Threatened (T),
Proposed Endangered (PE) and Proposed Threatened (T), Proposed Endangered (PE) and
Proposed Threatened (PT) are protected under provisions of section 7 and section 9 of the
Endangered Species Act of 1973, as amended. As of June 16, 2000, the FWS lists 6 federally
protected species for Bladen County. Table 1 lists the protected species and their status.
Table 1. Federally Protected Species for Bladen County
Scientific Name Common Name Status
Acipenser brevirostrum Shortnose sturgeon E
Alligator mississippiensis American alligator T(S/A)
Picoides borealis Red-cockaded woodpecker E
Lindera melissifolia Pondberry E
Lysimachia asperulaefolia Rough-leaved loosestrife E
Schwalbea americana American chaffseed E
"E"- Endangered- a species in danger of extinction throughout all or a significant portion of its range.
"T(S/A)"- Threatened Due to Similarity of Appearance- a species similar in appearance to another rare
species and listed for its protection.
Name: Short-nosed sturgeon (Acipenser brevirostrum)
Family: Acipenseridae
Federal Status: Endangered
Listed: March 11, 1967
Characteristics:
The short-nosed sturgeon is a primitive fish ranging from 43-109 cm (17-43 in) in length
and characterized by having five rows of large, bony plates (scutes) separated by naked skin,
running the length of the body. The shortnose sturgeon differs from the closely related Atlantic
sturgeon (A. oxyrhynchus), by its smaller size (Atlantic sturgeon may reach 4.3 m [14 ft] in
length), short snout and the lack of scutes between the anal fin and the lateral row of scutes (Ross
et al. 1988).
Distribution and Habitat:
The overall range of the shortnose sturgeon extends along the east coast of North
America from the Saint John River, New Brunswick, Canada, to the Indian River, Florida. The
status and distribution of the shortnose sturgeon in North Carolina is poorly understood. Many
records of occurrence can not be validated and were possibly misidentified Atlantic sturgeons
(Ross et al. 1988). This species was previously thought to be extinct from North Carolina
(Schwartz et al. 1977), until verified specimens were collected in the Pee Dee River along the
Anson/Richmond County line (part of the South Carolina Pee Dee River population) and in the
lower Cape Fear River in Brunswick County in 1985 and 1987 respectively (Ross et al. 1988). A
subsequent study of the distribution of the shortnose sturgeon in the Cape Fear River Basin
indicates that the species does utilize the Cape Fear River system, but is believed to be extremely
rare (Moser and Ross 1993).
Preferred habitat for adult shortnose sturgeon is found in coastal rivers and estuaries in
deep areas with soft, vegetated substrates (Ross et al. 1988). Diet consists of benthic
invertebrates, particularly mollusks and plant material. There are very few near-shore ocean
records and it appears that this species prefers waters of lower salinity than does the Atlantic
sturgeon (Gilbert 1989). Although generally considered anadromous, because of the avoidance
of high salinities, this species has been described as intermediate between fully anadromous and
potamodromous (Dadswell 1979, Buckley and Kynard 1985). Two entirely freshwater
populations have been recorded, in South Carolina and Massachusetts (Gilbert et. al 1989). This
avoidance of saline waters is believed to be "the single most important factor in limiting
extensive latitudinal coastal migrations in this species" (Gilbert 1989).
Spawning sites have been described as freshwater swamps or freshwater areas with fast
flow and rough bottoms (Dadswell et al. 1984). Upstream spawning migrations may cover great
distances, if unimpeded by dams, and have been documented to be over 120 miles (USFWS
1992). In the southern portions of the range, spawning occurs between January and April and
appears to be prompted by water temperature (Dadswell et al. 1984). Juveniles are generally
benthic and non-migratory, remaining in freshwater habitats until they attain a size of 45-cm fork
length or 2 to 8 years of age (Dadswell et al. 1984).
Threats to Species:
Overfishing, obstruction by dams to upstream spawning grounds, and water quality
degradation have been attributed to the decline of sturgeon in general along the Atlantic coast
(Van Den Avyle 1984, USFWS 1992). Moser and Ross (1993) reported that Lock and Dam #1
on the Cape Fear River appeared to block spawning migration of radio-telemetry tracked
shortnose sturgeon.
Biological Conclusion: No Effect
A survey of water bodies crossed by the proposed project was conducted on August 7,
2000. The streams crossed by the proposed project were not of sufficient depth to be utilized by
shortnose sturgeon. A review of the Natural Heritage program database of rare species and
unique habitats does not list this species in the project area. Therefore, project construction will
not impact this species.
Name: American alligator (Alligator mississippiensis)
Family: Alligatoridae
Federal Status: Threatened Due to Similarity of Appearance
Date Listed: June 4, 1987
Characteristics:
The alligator is a large aquatic reptile, measuring 1.8-5.8 meters in length, with a broadly
rounded snout, heavy body, laterally compressed tail, and a dark gray or blackish color. Young
are black with conspicuous yellow crossbands; the banding may occasionally persist on adults,
although very faintly. Unlike the American crocodile, the fourth tooth on the lower jaw of the
alligator fits in a notch in the upper jaw and is not exposed when the jaws are closed.
Distribution and Habitat:
The alligator can be found on the east coast of the United States from Tyrrell County,
North Carolina to Corpus Christi, Texas, and north in the Mississippi River drainage basin to
Arkansas and southeastern Oklahoma. Home ranges may vary considerably, with 3,162 acres for
males and 21 acres for females being average. Individuals can travel great distances, both
overland and in the water, but males tend to travel more than females.
The alligator is found rivers, streams, canals, lakes, swamps, bayous, and coastal
marshes. Adult animals are highly tolerant of salt water, but the young are apparently more
sensitive, with salinities greater than 5 parts per thousand considered harmful. The diet consists
of anything of suitable size, including mammals, reptiles, amphibians, birds, fish, and
crustaceans.
Nesting takes place in late spring and early summer, with the female building a mound of
grass and other vegetation that may be two feet high and six feet across. The nest is usually
constructed near the water, in a shaded location. The clutch of 30-60 (average 35) eggs is laid in
a cavity near the top of the mound, and is incubated by the heat from the decaying vegetation.
The female usually remains near the nest until the eggs hatch. Hatching takes place in about nine
weeks, at which time the young begin calling to alert the female to excavate the nest.
Threats to Species:
The primary threats to the alligator in the past have been loss of habitat and overhunting.
The legal protections in recent years have allowed this species to increase significantly, and it is
now considered biologically secure.
Distinctive Characteristics:
The alligator is distinguished from the American crocodile by its broad, rounded snout
and the way its fourth tooth of its lower jaw fits into a notch in the upper jaw when the jaws are
closed, and is therefore not exposed when the jaws are closed.
Biological Conclusion:
This species is listed as Threatened Due to Similarity of Appearance, and is therefore not
protected under Section 7 of the Endangered Species Act. However, in order to control the
illegal trade of other protected crocodilians such as the American crocodile, federal regulations
(such as hide tagging) are maintained on the commercial trade of alligators. No survey is
required for this species.
Name: Red-cockaded woodpecker (Picoides borealis)
Family: Picidae
Federal Status: Endangered
Listed: October 13, 1970
Characteristics:
The red-cockaded woodpecker (RCW), one of nine Picoides native to the United States, is
endemic to the yellow pine forests of the southern United States. The RCW's plumage is
entirely black and white except for small red streaks on the sides of the nape in the male. The
back is black and white with horizontal stripes and the breast and underside are white with
streaked flanks. There is a large white cheek patch surrounded by the black cap, nape, and throat.
10
Distribution and Habitat:
RCWs use open old growth stands of southern pines, particularly longleaf pine (Pinus
palustris), for foraging and nesting habitat. A forested stand must contain at least 50% pine.
These birds nest exclusively in trees that are >60 years old and are contiguous with pine stands at
least 30 years of age. The foraging range of the RCW is from up to 202 ha (500 ac), and 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 3.6-30.0 in
(12.0-100.0 ft) above the ground and average 9.1- 15.2 in (30.0-50.0 ft) high. Cavity trees can be
identified by "candle-sticking," a large incrustation of running sap surrounding the nest cavity.
This is arguably used as a defense against possible predators. A clan of woodpeckers usually
consists of one breeding pair and the offspring from previous years. The eggs are laid in April,
May, and June and hatch 3.8 days later. Clutch size is from 3-5 eggs. All members of the clan
share in raising the young. RCWs feed mainly on insects but may also feed on seasonal wild
fruits.
Threats to Species:
Clearing of mature pine forests for forestry, agricultural and development purposes,
coupled. with fire suppression has lead to the decline, and population fragmentation of this
species throughout its range. The rarity of the RCW; along with documented declines in local
populations, and diminished availability of nesting habitats led to the species being listed as
Endangered in 1970.
Biological Conclusion: No Effect
All construction for the proposed project will be confined to the maintained road
shoulder. The project was surveyed on August 7, 2000 by NCDOT biologist Logan Williams.
Foraging and nesting habitat was not found within the construction limits of the proposed
project. However, a review of the Natural Heritage program database of rare species and unique
habitats has a record for this species within 1 mile of the proposed project. Since the proposed
project construction is limited to the maintained road shoulder, it can be concluded that project
construction will not impact this species.
Name: Pondberry (Lindera melissifolia)
Family: Laurel (Lauraceae)
Federal Status: Endangered
Date Listed: July 31, 1986
Best Search Time: February-September
Characteristics:
Pondberry is a deciduous shrub growing to approximately 2 meters tall, and spreading by
means of stolons. The leaves are thin, drooping, prominently veined and pubescent beneath,
ovate to elliptical, and have rounded bases. Leaves emit a sassafras-like odor when crushed.
This species is dioecious (male and female flowers are on separate plants), and the flowers of
both sexes are pale yellow, small, and appear before the leaves in the spring. The fruit is a bright
11
red drupe containing one seed, which forms in the late summer or fall and is supported on a stout
pedicel that remains on the branch after the fruit falls. Vegetative reproduction (stolons) seems
to be more common than sexual reproduction (seeds).
Distribution and Habitat:
Pondberry is known from several widely scattered locations across the Southeast, in
Arkansas, Georgia, Mississippi, Missouri, North Carolina, and South Carolina. In interior areas,
habitat for pondberry consists of seasonally flooded wetlands, sandy sinks, pond margins, and
swampy depressions (Steyermark 1949). In the coastal plain of the Carolinas, pondberry is
found along the margins of sinks, ponds, and pineland depressions. Soils in these areas are
sandy with a high peat content, and have a high water table. Fire may have been an important
factor in maintaining suitable habitat in the past. This species is most often found in shade, but
may be seen full sun in areas where. competition is not as intense.
Threats to Species:
The greatest threat to this species is loss of habitat through ditching wetlands for
residential, commercial, or agricultural development. Other activities that can adversely affect
this species are disturbance by livestock and timber harvesting.
Distinctive Characteristics:
Pondberry can be distinguished from southern spicebush (Lindera benzoin) by having
drooping foliage, rounded leaf bases rather than tapered, sassafras-like odor of the crushed leaves
rather than spicy, and fruit pedicels that persist throughout the winter. Pondberry can be
distinguished from bog spicebush (Lindera subcoriacea) because the latter's leaves have little or
no fragrance when crushed.
Biological Conclusion: No Effect
A survey was conducted for this species by NCDOT biologist Logan Williams on August
7, 2000. This species was not found during the survey. A review of the Natural Heritage
program database of rare species and unique habitats did not list this species in the project area.
Given the results of the survey it can be concluded that project construction will not impact this
species.
Name: Rough-leaved Loosestrife (Lysimachia asperulaefolia)
Family: Primrose (Primulaceae)
Federal Status: Endangered
Date Listed: June 12, 1987
Best Search Time: late spring through mid summer (late May - early June)
Characteristics:
Rough-leaved loosestrife is a perennial herb growing from 30 - 60 cm (12 - 24 in) tall.
Its sessile leaves, in whorls of three to four, are broadest at the base and have three prominent
veins. The leaves are entire, slightly revolute (rolled under along the margins), yellow-green or
blue-green in color and lustrous. Rough-leaved loosestrife flowers from May to June. The
yellow flowers are formed in a loose, cylindrical, terminal raceme that is 3-10 cm (1.2 - 3.9 in)
12
long. Each corolla is 1.5 cm (0.6 in) across and contains five dotted or streaked petals. Fruits in
the form of a capsule are formed by August but don't dehisce until October. Rough-leaved
loosestrife depends on rhizomatous growth rather than sexual reproduction for short-term
survival. The leaves turn a reddish color in fall and the plant overwinters in a dormant stage.
Stipitate glands are found on most parts of the plant.
Distribution and Habitat:
Rough-leaved loosestrife is endemic to the Coastal Plain and Sandhills of North Carolina
and South Carolina. Typical habitat for rough-leaved loosestrife is the ecotone between high
pocosin and longleaf pine (or oak) savannas that contain sandy or peaty soils and full sunlight.
Rough-leaved loosestrife sometimes occurs in low pocosin openings where light is abundant at
ground level. Other habitats where this species is found include ecotones of stream-head
pocosins in the Sandhills and Sandhill Seeps where wet sands are underlain by clay, allowing
water to seep to the surface along slopes.
Threats to Species:
Urban development, conversion of land to agricultural and silvicultural practices and
associated drainage and fire suppression allows growth of shrubs and trees that shade out this
species. Plowing firebreaks along ecotones could also negatively impact tough-leaved
loosestrife.
Distinct Characteristics:
Leaves in whorls of three to four; yellow flowers in a terminal raceme.
Other:
At the time the recovery plan was written, there were 58 known populations in North
Carolina and one known population in South Carolina.
BIOLOGICAL CONCLUSION: No Effect
A survey was conducted for this species by NCDOT biologist Logan Williams on August
7, 2000. All construction for the proposed project will be confined to the maintained road
shoulder. This species was not found during the survey. A review of the Natural Heritage
program database of rare species and unique habitats did not list this species in the project area.
Given the results of the survey it can be concluded that project construction will not impact this
species.
Name: American Chaffseed (Schwalbea americana)
Family: Snapdragon (Scrophulariaceae)
Federal Status: Endangered
Date Listed: September 29,1992
Best Search Time: April through June in the south.
Characteristics:
13
American chaffseed is an erect herb to 30 - 60 cm (12 - 24 in). It is densely hairy
throughout, including the flowers. The entire leaves are alternate, lance shaped to elliptic and
2.5 - 5.0 cm (0.8 - 2.0 in) long. The upper leaves are reduced to narrow bracts. The tubular
flowers are two-lipped and purplish-yellow in color. They are 3.0 - 3.5 cm (1.2 - 1.4 in) long
and borne singly on short stalks in the axils of the uppermost leaves (bracts) and form a many
flowered spike-like raceme. Fruits are narrow capsules approximately 10 - 12 mm (0.4 - 0.5 in)
long. Numerous seeds are produced and they are greenish brown or yellowish tan in color.
Distribution and Habitat Requirements:
American chaffseed is found primarily in the coastal plain of New Jersey, North
Carolina, South Carolina, Georgia and Florida. American chaffseed is most often found in sandy
(sandy peat, sandy loam) acidic, seasonally moist to dry soils. Plant communities with which
this species is most often associated with include pine flatwoods, fire maintained savannas,
ecotones between peaty wetlands and xeric sandy soils and other open grass-sedge systems. This
species is believed to be shade intolerant and is therefore found in areas maintained in open to
partially open conditions. Most extant populations are in areas subject to frequent fire. This
species is also known to occur on road shoulders and in power line rights-of-way that experience
frequent mowing.
Threats to Species:
Fire suppression, allowing the succession of its habitat, is the greatest threat to this
species. Other threats include development, discontinuation of game (quail) management and
the conversion of pine flatwoods and pine savannas to commercial pine plantations.
Roadside Populations:
One historical roadside population occurs on SR 2026 in Moore County (EO 009).
Searches in 1998 did not reveal any plants. American chaffseed was last observed at this site in
1993.
Distinct Characteristics:
Upright herb, 30 - 60 cm (12 - 24 in) in height. Alternate leaves diminishing upwards.
Two-lipped tubular flowers, purplish-yellow in color and 3.0 - 3.5 cm (1.2 - 1.4 in) long, on
short stalks in the axils of the uppermost leaves (bracts). Hairy stems, leaves and flowers.
Biological Conclusion: No Effect
A survey was conducted for this species by NCDOT biologist Logan Williams on August
7, 2000. All construction for the proposed project will be confined to the maintained road
shoulder. This species was not found during the survey. A review of the Natural Heritage
program database of rare species and unique habitats did not list this species in the project area.
Given the results of the survey it can be concluded that project construction will not impact this
species.
A review of the data base of the N. C. Natural Heritage Program Rare Species and
Unique Habitats reveals a number of records of rare species within 1 mi of the proposed project.
Most of the records are for the South River, which is located less than 1 mile from most of the
14
project. Surveys were not conducted for these species. However, because of the minor impacts
to the natural communities associated with the proposed project, construction is not expected to
have a negative effect on these species.
CC. Hal Bain, Unit Head
File: R-4427
Bladen County
TIP Resurfacing
NC 210 - from US 701 to NC 11
*Distances for mileposts begin at US 701
*DS=Downstream; US=Upstream
Milepost Pipe Proposed Action Linear Feet of
Stream Impacted Square Feet of
Wetlands Impacted
.
3.7 3-48" CMP Extend 10' each side I 10 (DS) I 200 (US)
5.0 1-24" RCP Extend 10' each side I 20 N/A
52 I-54" CMP NIA NIA I N/A i
5.6 1-36" RCP Extend 10' each side I 20 I N/A
5.9 2-42" RCP Extend 10' each side 10 (DS) I 200 (US)
6.3 1-36" RCP I Extend 10' each side I 10 (DS) j 200 (US)
6.6 i 1-54:'Cm12 j Extend 10' each side I 20 j N/A I
6.9 I-24" RCP Extend 10' each side 20 ! N/A
7.9 1-36" RCP I Replace pipe - no impact I N:'A ! Nil A
8? 1-30" RCP Extend 10' each side I 20 N/A
8.7 I 2-36" RCP Extend 10' on downstream side only 1 10 (DS) N. A
j 8.9 I 1-42" RCP Extend 10' each side 20 N, 'A
9.0 1 1-36" RCP I Extend 10' on downstream side only I 10 (DS) N/A I
j 9.1 1-24" RCP I Extend 5' each side 10 ! N-A
9.3 11-36" RCP I Extend 3' each side I 10 j N/A I
9.5 12-36" RCP I Extend 5' each side I 10 1 N!A 1
6 -j 1-2411 RCP ( Extend 5' each side i 10 N:'A
91
I 1-36" RCP I Extend 10' on upstream side only I !0 (US)
N,'A
F 10.1 1 2-42" RC.P I Extend 3' on upstream side only I N%A I NIA
i
10.2 12-42" RCP j Extend 10' on downstream side only j 10 (DS) 1 N/A
10.4 1-36" RC P I N/A I NW A NiA
11.4 I 1-24- RCP I Extend 3' on upstream side only ! 6 (US) N-'A
1 1.8 1-36" RCP Extend 10' on upstream side only I N%A I 200 (US)
11.9 j 1-30" RCP I Extend 10' each side I 20 i N,A
12.4 1-42" RCP I Extend 10' on downstream side only 10 (DS) ! N.A
I 14.7 I 1-24" RCP Extend 10' on upstream side only i 10 (US) I N%A
I 17.0 j 1-43" RCP I Extend 10'. each side I 20 I N!A
I 19.9 ? 1-24" RCP Extend 10' on downstream side only I 10 (DS) N;A
20.2 1-36" RCP Extend 10' on downstream side only I 10 (DS) I N/A I
23.1 I 1-24" RCP Extend 10' on downstream side only i 10 (DS) I N/A
TOTALS 325 I 800
a M STATp
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY
GOVERNOR
January 11, 2001
U. S. Army Corps of Engineers
Wilmington Regulatory Field Office
P. O. Box 1890
Wilmington, North Carolina 28402-1890
ATTN.: Mr. David Timpy
NCDOT Coordinator
Dear Sir:
010408
DAVID MCCOY
SECRETARY
2 0 'nl

Subject: Application for Nationwide Permit 14.
Bladen County, Widening and Resurfacing of NC 210 from US 701 to NC 11, State
Project No. 81421301, T.I.P. No. R-4427.
The North Carolina Department of Transportation (NCDOT) proposes to widen NC 210 in
Bladen County from US 701 to NC 11. The project, approximately 28.6 miles in length, consists
of the widening the existing pavement by approximately 2 feet on both sides of the road and
resurfacing the road. This widening will require the extension of 30 culverts. Only four of the
sites will affect jurisdictional wetlands. The other 23 sites impact only streams and each of these
sites impacts less than 0.1 acres. The cumulative impact of these 23 stream sites is less than 0.1
acres in size. Impacts of less that 0.1 acres to jurisdictional streams qualify for a Nationwide 14
permit that will NOT require notification to either the USACE or the N.C. Division of Water
Quality as described in [FR March 9, 2000(Vol. 65, No. 47) page 12888]. Therefore, the stream
sites qualified for a Nationwide 14 permit with no notification. We have attached a copy of our
notification to NCDOT Division 6 Operations describing their responsibilities for the work at
these 23 sites.
This document is a Nationwide 14 application for the four sites that will impact
jurisdictional wetlands. The sites to be affected are listed is Table 1 and depicted on the enclosed
drawings. The footprint of the wetland impact at each site will be 200 square feet (<0.01 acres)
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and the cumulative impact at all four sites will be 800 square feet (0.02 acres).
2
RESOURCE STATUS
Wetlands and Streams: The jurisdictional status of the streams and wetlands was
conducted by Mr. Logan Williams on August 7, 2000 using the criteria specified in the 1987
Corps of Engineers Wetland Delineation Manual. The location of the sites are depicted on
Figure 1.
(1) Sites 1.2 and 3 are located at mileposts 3.7, 5.6, and 6.3. They consist of streams
(UT to the Black River) and small streamside wetlands dominated by Polganum
sagittatum, Ludwigia alternifolia, and Scirpus cyperinus. The sites are tangles of
these species.
(2) (2) Site 4 is located at milepost 11.8. It consists of a streams (UT to the Black
River) and small streamside wetlands dominated by Itea virginica, Polganum
sagittatum, and Rhexia mariana.
Table 1. R-4427 Jurisdictional Wetland Sites
Site Milepost Structure Permanent Wetland Stream Data
Impacts (ac) DWQ Index No.
1 3.7 3-48" CMP <0.01 UT to South River
18-68-12-(8.5)
2 5.9 2-42" RCP <0.01 UT to South River
18-68-12-(8.5)
3 6.3 1-36" RCP <0.01 UT to South River
18-68-12-(8.5)
4 11.8 1-36" RCP <0.01 UT to South River
18-68-12-(8.5)
TOTAL 0.018
Endangered Species: Plants and animals with Federal classification of Endangered (E) or
Threatened (T) are protected under provisions of Section 7 and Section 9 of the Endangered
Species Act of 1973, as amended. As of June 16, 2000, the U.S. Fish and Wildlife Service
(Service) lists six federally protected species for Bladen County (Table 2).
Table 2. Federally Protected Species for Bladen County
SCIENTIFIC NAME COMMON NAME STATUS
Aci enser brevirostrum Shortnose sturgeon E
Alligator misslssl iensis American alligator T S/A
Picoides borealis red-cockaded woodpecker E
Lindera melissi olia pondberry E
L simachia as erulae olia rough-leaved loosestrife E
Schwalbea americana American chaffseed E
"E" denotes Endangered (a species that is in danger of extinction throughout all or a significant
portion of its range).
T(S/A) -Threatened due to similarity of appearance, a species that is threatened due to similarity of
appearance with other rare species and is listed for its protection. These species are not biologically
endangered or threatened and are not subject to Section 7 consultation.
A biological conclusion of "No Effect" was reached for all species during the August 7,
2000 survey for protected species by Logan Williams. A copy of the field report is enclosed with
this permit application.
REGULATORY APPROVALS
Application is hereby made for a Department of the Army Nationwide 14 Permit as
required for the above-described activities. We are also hereby requesting a 401 Water Quality
Certification from the Division of Water Quality. In compliance with Section 143-215.3D(e) of
the NCAA we have enclosed a check for $200.00 to act as payment for processing the Section 401
permit application. We are providing seven copies of this application to the North Carolina
Department of Environment and Natural Resources, Division of Water Quality, for their review.
If you have any questions or need additional information please call Ms. Alice N. Gordon
at [phone] extension 288.
Sincerely,
?? William D. Gilmore, P.E., Manager
Project Development & Environmental Analysis Branch
cc: w/attachment
Mr. David Franklin, Corps of Engineers, Wilmington Field Office
Mr. Garland Pardue, USFWS, Raleigh
Mr. N. L. Graf, P.E., FHWA
Mr. John Dorney, NCDENR, Division of Water Quality
Mr. Calvin Leggett, P.E. Program Development Branch
Ms. Deborah Barbour, P.E., Highway Design Branch
Mr. D. R. Henderson, P.E., Hydraulics Unit
Mr. Timothy V. Rountree, P.E., Structure Design Unit
Mr. John Alford, P.E., Roadway Design Unit
Mr. Terry Gibson, P.E., Division 6 Engineer
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JAMES B. HUNT JR.
GOVERNOR
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
DAVID MCCOY
SECRETARY
November 7, 2000
MEMORANDUM TO:
FROM:
Greg Burns, P.E.,
Division 6 Operations
Alice Gordon, Biologist
Natural Systems Unit
SUBJECT: R-4427, NC 210 from US 701 to NC 11. Project No. 8.1421301.
Environmental Permits for Extension of Culverts associated with
R-4427.
The information sent by Division 6 (Greg Burns) on September 7, 2000 demonstrates that the
culvert extensions at the Mileposts listed in Table 1 will cumulatively impact less than 0.1 acres of
jurisdictional surface waters. Each site will impact less than 0.1 acres of jurisdictional surface
waters. There will be no impacts to jurisdictional wetlands at the sites listed in Table 1. Impacts
of less than 0.1 acres to jurisdictional streams qualify for a Nationwide 14 permit that will NOT
require notification to either the U. S. Corps of Engineers or the N.C. Division of Water Quality as
described in [FR March 9, 2000 (Volume 65, Number 47) pagel2888]. Therefore, no notification
is required to the United States Corps of Engineers or to the North Carolina Division of Water
Quality.
Please be advised that the replacement of a pipe by another pipe of similar size as at mileposts
5.2,7.9, 10. 1, and 10.4 qualifies for a Nationwide 3 permit. Although the Nationwide 3 permit and
the Nationwide 14 permit as described above do not require written confirmation from the
agencies, the NCDOT and its contractors are obliged to comply with the attached Nationwide
conditions. Please pay special attention to the Regional Conditions for the Nationwide 14 Permit,
which specify the design and method of construction of culverts. Copies of these conditions are
attached.
Table 1. Locations of Culvert Extensions that Qualify for a Nationwide 14 Permit with no
Notification
Milepost* Pipe Proposed Action Linear Feet of
Stream Impacted
5.0 1-24" RCP Extend 10 ` each side 20
5.6 1-36' RCP Extend 10 ` each side 20
6.6 1-54" CMP Extend 10 ` each side 20
6.9 1-24" RCP Extend 10 ` each side 20
8.2 1-30" RCP Extend 10 ` each side 20
8.7 2-36"RCP Extend 10' on downstream side only 10
8.9 1-42"RCP Extend 10 ` each side 20
9.0 1-36" RCP Extend 10' on downstream side only 10
9.1 1-24" RCP Extend 5' each side 10
9.3 1-36" RCP Extend 5' each side 10
9.5 2-36" RCP Extend 5" each side 10
9.6 1-24" RCP Extend 5' each side 10
9.8 1-36" RCP Extend 10' on upstream side only 10
10.2 2-42" RCP Extend 10' on downstream side only 10
11.4 1-24" RCP Extend 5' on upstream side only 5
11.8 1-36" RCP Extend 10' on upstream side only 10
11.9 1-30" RCP Extend 10' each side 20
12.4 1-42" RCP Extend 10' on downstream side only 10
14.7 1-24" RCP Extend 10' on upstream side only 10
17.0 1-48" RCP Extend 10' each side 20
19.9 1-24" RCP Extend 10' on downstream side only 10
20.2 1-36" RCP Extend 10' on downstream side only 10
23.1 1-24" RCP Extend 10' on downstream side only 10
TOTAL 305
*Distances for Mileposts begin at US 701
6
p d`d n??F _
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT JR. P.O. BOX 25201, RALEIGH, N.C.
27611-5201
GOVERNOR
October 23, 2000
Memorandum To: Greg Burns, P.E.
Division Operations Engineer
From: Logan Williams, Environmental Specialist
PD and EA Unit
DAVID MCCOY
SECRETARY
Subject: Protected Species Report for R-4427, NC 210 from US 701 to NC 11.
Project Number 8.142 Bladen County.
The subject project was surveyed for protected species on August 7, 2000. NCDOT
Division 6 personnel Greg Burns, Drew Cox and Carlos Smith were present during the survey to
provide specific information on project design. During the survey, streams and wetlands were
evaluated to determine whether they were jurisdictional. Specific information regarding stream
and wetland impacts were provided to Alice Gordon, NCDOT Environmental Specialist who
will be preparing the permit application for this project, by Greg Burns on September 7, 2000.
The proposed project will include 2 ft. widening numerous pavement widening on each
side of the roadway and resurfacing. To accommodate the 2-ft. widening numerous culverts will
require extending.
One terrestrial community will be impacted by the proposed project.
Maintained/disturbed lands are intensively managed where humans, structures, or activities
preclude natural plant succession. The roadside shoulder is the only terrestrial community that
will be impacted by the proposed project. Fescue (Festuca sp.), Richardia (Richardia sp.) and
Bermudagrass (Cynodon dactylon)comprise the dominant flora in this community.
Some populations of fauna and flora have been in the process of decline either due to
natural forces or their inability to coexist with man. 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.
7
Plants and animals with federal classifications of Endangered (E), Threatened (T),
Proposed Endangered (PE) and Proposed Threatened (T), Proposed Endangered (PE) and
Proposed Threatened (PT) are protected under provisions of section 7 and section 9 of the
Endangered Species Act of 1973, as amended. As of June 16, 2000, the FWS lists 6 federally
protected species for Bladen County. Table 1 lists the protected species and their status.
Table 1. Federally Protected Species for Bladen County
Scientific Name Common Name Status
Acipenser brevirostrum Shortnose sturgeon E
Alligator mississippiensis American alligator T(S/A)
Picoides borealis Red-cockaded woodpecker E
Lindera melissifolia Pondberry E
Lysimachia asperulaefolia Rough-leaved loosestrife E
Schwalbea americana American chaffseed E
"E"- Endangered- a species in danger of extinction throughout all or a significant portion of its range.
"T(S/A)"- Threatened Due to Similarity of Appearance- a species similar in appearance to another rare
species and listed for its protection.
Name: Short-nosed sturgeon (Acipenser brevirostrum)
Family: Acipenseridae
Federal Status: Endangered
Listed: March 11, 1967
Characteristics:
The short-nosed sturgeon is a primitive fish ranging from 43-109 cm (17-43 in) in length
and characterized by having five rows of large, bony plates (scutes) separated by naked skin,
running the length of the body. The shortnose sturgeon differs from the closely related Atlantic
sturgeon (A. oxyrhynchus), by its smaller size (Atlantic sturgeon may reach 4.3 in [14 ft] in
length), short snout and the lack of scutes between the anal fin and the lateral row of scutes (Ross
et al. 1988).
Distribution and Habitat:
The overall range of the shortnose sturgeon extends along the east coast of North
America from the Saint John River,.New Brunswick, Canada, to the Indian River, Florida. The
status and distribution of the shortnose sturgeon in North Carolina is poorly understood. Many
records of occurrence can not be validated and were possibly misidentified Atlantic sturgeons
(Ross et al. 1988). This species was previously thought to be extinct from North Carolina
(Schwartz et al. 1977), until verified specimens were collected in the Pee Dee River along the
Anson/Richmond County line (part of the South Carolina Pee Dee River population) and in the
lower Cape Fear River in Brunswick County in 1985 and 1987 respectively (Ross et al. 1988). A
subsequent study of the distribution of the shortnose sturgeon in the Cape Fear River Basin
indicates that the species does utilize the Cape Fear River system, but is believed to be extremely
rare (Moser and Ross 1993).
Preferred habitat for adult shortnose sturgeon is found in coastal rivers and estuaries in
deep areas with soft, vegetated substrates (Ross et al. 1988). Diet consists of benthic
8
invertebrates, particularly mollusks and plant material. There are very few near-shore ocean
records and it appears that this species prefers waters of lower salinity than does the Atlantic
sturgeon (Gilbert 1989). Although generally considered anadromous, because of the avoidance
of high salinities, this species has been described as intermediate between fully anadromous and
potamodromous (Dadswell 1979, Buckley and Kynard 1985). Two entirely freshwater
populations have been recorded, in South Carolina and Massachusetts (Gilbert et. al 1989). This
avoidance of saline waters is believed to be "the single most important factor in limiting
extensive latitudinal coastal migrations in this species" (Gilbert 1989).
Spawning sites have been described as freshwater swamps or freshwater areas with fast
flow and rough bottoms (Dadswell et al. 1984). Upstream spawning migrations may cover great
distances, if unimpeded by dams, and have been documented to be over 120 miles (USFWS
1992). In the southern portions of the range, spawning occurs between January and April and
appears to be prompted by water temperature (Dadswell et al. 1984). Juveniles are generally
benthic and non-migratory, remaining in freshwater habitats until they attain a size of 45-cm fork
length or 2 to 8 years of age (Dadswell et al. 1984).
Threats to Species:
Overfishing, obstruction by dams to upstream spawning grounds, and water quality
degradation have been attributed to the decline of sturgeon in general along the Atlantic coast
(Van Den Avyle 1984, USFWS 1992). Moser and Ross (1993) reported that Lock and Dam #1
on the Cape Fear River appeared to block spawning migration of radio-telemetry tracked
shortnose sturgeon.
Biological Conclusion: No Effect
A survey of water bodies crossed by the proposed project was conducted on August 7,
2000. The streams crossed by the proposed project were not of sufficient depth to be utilized by
shortnose sturgeon. A review of the Natural Heritage program database of rare species and
unique habitats does not list this species in the project area. Therefore, project construction will
not impact this species.
Name: American alligator (Alligator mississippiensis)
Family: Alligatoridae
Federal Status: Threatened Due to Similarity of Appearance
Date Listed: June 4, 1987
Characteristics:
The alligator is a large aquatic reptile, measuring 1.8-5.8 meters in length, with a broadly
rounded snout, heavy body, laterally compressed tail, and a dark gray or blackish color. Young
are black with conspicuous yellow crossbands; the banding may occasionally persist on adults,
although very faintly. Unlike the American crocodile, the fourth tooth on the lower jaw of the
alligator fits in a notch in the upper jaw and is not exposed when the jaws are closed.
Distribution and Habitat:
9
The alligator can be found on the east coast of the United States from Tyrrell County,
North Carolina to Corpus Christi, Texas, and north in the Mississippi River drainage basin to
Arkansas and southeastern Oklahoma. Home ranges may vary considerably, with 3,162 acres for
males and 21 acres for females being average. Individuals can travel great distances, both
overland and in the water, but males tend to travel more than females.
The alligator is found rivers, streams, canals, lakes, swamps, bayous, and coastal
marshes. Adult animals are highly tolerant of salt water, but the young are apparently more
sensitive, with salinities greater than 5 parts per thousand considered harmful. The diet consists
of anything of suitable size, including mammals, reptiles, amphibians, birds, fish, and
crustaceans.
Nesting takes place in late spring and early summer, with the female building a mound of
grass and other vegetation that may be two feet high and six feet across. The nest is usually
constructed near the water, in a shaded location. The clutch of 30-60 (average 35) eggs is laid in
a cavity near the top of the mound, and is incubated by the heat from the decaying vegetation.
The female usually remains near the nest until the eggs hatch. Hatching takes place in about nine
weeks, at which time the young begin calling to alert the female to excavate the nest.
Threats to Species:
The primary threats to the alligator in the past have been loss of habitat and overhunting.
The legal protections in recent years have allowed this species to increase significantly, and it is
now considered biologically secure.
Distinctive Characteristics:
The alligator is distinguished from the American crocodile by its broad, rounded snout
and the way its fourth tooth of its lower jaw fits into a notch in the upper jaw when the jaws are
closed, and is therefore not exposed when the jaws are closed.
Biological Conclusion:
This species is listed as Threatened Due to Similarity of Appearance, and is therefore not
protected under Section 7 of the Endangered Species Act. However, in order to control the
illegal trade of other protected crocodilians such as the American crocodile, federal regulations
(such as hide tagging) are maintained on the commercial trade of alligators. No survey is
required for this species.
Name: Red-cockaded woodpecker (Picoides borealis)
Family: Picidae
Federal Status: Endangered
Listed: October 13, 1970
Characteristics:
The red-cockaded woodpecker (RCW), one of nine Picoides native to the United States, is
endemic to the yellow pine forests of the southern United States. The RCW's plumage is
entirely black and white except for small red streaks on the sides of the nape in the male. The
back is black and white with horizontal stripes and the breast and underside are white with
streaked flanks. There is a large white cheek patch surrounded by the black cap, nape, and throat.
10
Distribution and Habitat:
RCWs use open old growth stands of southern pines, particularly longleaf pine (Pinus
palustris), for foraging and nesting habitat. A forested stand must contain at least 50% pine.
These birds nest exclusively in trees that are >60 years old and are contiguous with pine stands at
least 30 years of age. The foraging range of the RCW is from up to 202 ha (500 ac), and 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 3.6-30.0 in
(12.0-100.0 ft) above the ground and average 9.1- 15.2 in (30.0-50.0 ft) high. Cavity trees can be
identified by "candle-sticking," a large incrustation of running sap surrounding the nest cavity.
This is arguably used as a defense against possible predators. A clan of woodpeckers usually
consists of one breeding pair and the offspring from previous years. The eggs are laid in April,
May, and June and hatch 38 days later. Clutch size is from 3-5 eggs. All members of the clan
share in raising the young. RCWs feed mainly on insects but may also feed on seasonal wild
fruits.
Threats to Species:
Clearing of mature pine forests for forestry, agricultural and development purposes,
coupled. with fire suppression has lead to the decline, and population fragmentation of this
species throughout its range. The rarity of the RCW, along with documented declines in local
populations, and diminished availability of nesting habitats led to the species being listed as
Endangered in 1970.
Biological Conclusion: No Effect
All construction for the proposed project will be confined to the maintained road
shoulder. The project was surveyed on August 7, 2000 by NCDOT biologist Logan Williams.
Foraging and nesting habitat was not found within the construction limits of the proposed
project. However, a review of the Natural Heritage program database of rare species and unique
habitats has a record for this species within 1 mile of the proposed project. Since the proposed
project construction is limited to the maintained road shoulder, it can be concluded that project
construction will not impact this species.
Name: Pondberry (Lindera melissifolia)
Family: Laurel (Lauraceae)
Federal Status: Endangered
Date Listed: July 31, 1986
Best Search Time: February-September
Characteristics:
Pondberry is a deciduous shrub growing to approximately 2 meters tall, and spreading by
means of stolons. The leaves are thin, drooping, prominently veined and pubescent beneath,
ovate to elliptical, and have rounded bases. Leaves emit a sassafras-like odor when crushed.
This species is dioecious (male and female flowers are on separate plants), and the flowers of
both sexes are pale yellow, small, and appear before the leaves in the spring. The fruit is a bright
11
red drupe containing one seed, which forms in the late summer or fall and is supported on a stout
pedicel that remains on the branch after the fruit falls. Vegetative reproduction (stolons) seems
to be more common than sexual reproduction (seeds).
Distribution and Habitat:
Pondberry is known from several widely scattered locations across the Southeast, in
Arkansas, Georgia, Mississippi, Missouri, North Carolina, and South Carolina. In interior areas,
habitat for pondberry consists of seasonally flooded wetlands, sandy sinks, pond margins, and
swampy depressions (Steyermark 1949). In the coastal plain of the Carolinas, pondberry is
found along the margins of sinks, ponds, and pineland depressions. Soils in these areas are
sandy with a high peat content, and have a high water table. Fire may have been an important
factor in maintaining suitable habitat in the past. This species is most often found in shade, but
may be seen full sun in areas where competition is not as intense.
Threats to Species:
The greatest threat to this species is loss of habitat through ditching wetlands for
residential, commercial, or agricultural development. Other activities that can adversely affect
this species are disturbance by livestock and timber harvesting.
Distinctive Characteristics:
Pondberry can be distinguished from southern spicebush (Lindera benzoin) by having
drooping foliage, rounded leaf bases rather than tapered, sassafras-like odor of the crushed leaves
rather than spicy, and fruit pedicels that persist throughout the winter. Pondberry can be
distinguished from bog spicebush (Lindera subcoriacea) because the latter's leaves have little or
no fragrance when crushed.
Biological Conclusion: No Effect
A survey was conducted for this species by NCDOT biologist Logan Williams on August
7, 2000. This species was not found during the survey. A review of the Natural Heritage
program database of rare species and unique habitats did not list this species in the project area.
Given the results of the survey it can be concluded that project construction will not impact this
species.
Name: Rough-leaved Loosestrife (Lysimachia asperulaefolia)
Family: Primrose (Primulaceae)
Federal Status: Endangered
Date Listed: June 12, 1987
Best Search Time: late spring through mid summer (late May - early June)
Characteristics:
Rough-leaved loosestrife is a perennial herb growing from 30 - 60 cm (12 - 24 in) tall.
Its sessile leaves, in whorls of three to four, are broadest at the base and have three prominent
veins. The leaves are entire, slightly revolute (rolled under along the margins), yellow-green or
blue-green in color and lustrous. Rough-leaved loosestrife flowers from May to June. The
yellow flowers are formed in a loose, cylindrical, terminal raceme that is 3 -10 cm (1.2 - 3.9 in)
12
long. Each corolla is 1.5 cm (0.6 in) across and contains five dotted or streaked petals. Fruits in
the form of a capsule are formed by August but don't dehisce until October. Rough-leaved
loosestrife depends on rhizomatous growth rather than sexual reproduction for short-term
survival. The leaves turn a reddish color in fall and the plant overwinters in a dormant stage.
Stipitate glands are found on most parts of the plant.
Distribution and Habitat:
Rough-leaved loosestrife is endemic to the Coastal Plain and Sandhills of North Carolina
and South Carolina. Typical habitat for rough-leaved loosestrife is the ecotone between high
pocosin and longleaf pine (or oak) savannas that contain sandy or peaty soils and full sunlight.
Rough-leaved loosestrife sometimes occurs in low pocosin openings where light is abundant at
ground level. Other habitats where this species is found include ecotones of stream-head
pocosins in the Sandhills and Sandhill Seeps where wet sands are underlain by clay, allowing
water to seep to the surface along slopes.
Threats to Species:
Urban development, conversion of land to agricultural and silvicultural practices and
associated drainage and fire suppression allows growth of shrubs and trees that shade out this
species. Plowing firebreaks along ecotones could also negatively impact rough-leaved
loosestrife.
Distinct Characteristics:
Leaves in whorls of three to four; yellow flowers in a terminal raceme.
Other:
At the time the recovery plan was written, there were 58 known populations in North
Carolina and one known population in South Carolina.
BIOLOGICAL CONCLUSION: No Effect
A survey was conducted for this species by NCDOT biologist Logan Williams on August
7, 2000. All construction for the proposed project will be confined to the maintained road
shoulder. This species was not found during the survey. A review of the Natural Heritage
program database of rare species and unique habitats did not list this species in the project area.
Given the results of the survey it can be concluded that project construction will not impact this
species.
Name: American Chaffseed (Schn,albea americana)
Family: Snapdragon (Scrophulariaceae)
Federal Status: Endangered
Date Listed: September 29,1992
Best Search Time: April through June in the south.
Characteristics:
13
American chaffseed is an erect herb to 30 - 60 cm (12 - 24 in). It is densely hairy
throughout, including the flowers. The entire leaves are alternate, lance shaped to elliptic and
2.5 - 5.0 cm (0.8 - 2.0 in) long. The upper leaves are reduced to narrow bracts. The tubular
flowers are two-lipped and purplish-yellow in color. They are 3.0 - 3.5 cm (1.2 - 1.4 in) long
and borne singly on short stalks in the axils of the uppermost leaves (bracts) and form a many
flowered spike-like raceme. Fruits are narrow capsules approximately 10 - 12 mm (0.4 - 0.5 in)
long. Numerous seeds are produced and they are greenish brown or yellowish tan in color.
Distribution and Habitat Requirements:
American chaffseed is found primarily in the coastal plain of New Jersey, North
Carolina, South Carolina, Georgia and Florida. American chaffseed is most often found in sandy
(sandy peat, sandy loam) acidic, seasonally moist to dry soils. Plant communities with which
this species is most often associated with include pine flatwoods, fire maintained savannas,
ecotones between peaty wetlands and xeric sandy soils and other open grass-sedge systems. This
species is believed to be shade intolerant and is therefore found in areas maintained in open to
partially open conditions. Most extant populations are in areas subject to frequent fire. This
species is also known to occur on road shoulders and in power line rights-of-way that experience
frequent mowing.
Threats to Species:
Fire suppression, allowing the succession of its habitat, is the greatest threat to this
species. Other threats include development, discontinuation of game (quail) management and
the conversion of pine flatwoods and pine savannas to commercial pine plantations.
Roadside Populations:
One historical roadside population occurs on SR 2026 in Moore County (EO 009).
Searches in 1998 did not reveal any plants. American chaffseed was last observed at this site in
1993.
Distinct Characteristics:
Upright herb, 30 - 60 cm (12 - 24 in) in height. Alternate leaves diminishing upwards.
Two-lipped tubular flowers, purplish-yellow in color and 3.0 - 3.5 cm (1.2 - 1.4 in) long, on
short stalks in the axils of the uppermost leaves (bracts). Hairy stems, leaves and flowers.
Biological Conclusion: No Effect
A survey was conducted for this species by NCDOT biologist Logan Williams on August
7, 2000. All construction for the proposed project will be confined to the maintained road
shoulder. This species was not found during the survey. A review of the Natural Heritage
program database of rare species and unique habitats did not list this species in the project area.
Given the results of the survey it can be concluded that project construction will not impact this
species.
A review of the data base of the N. C. Natural Heritage Program Rare Species and
Unique Habitats reveals a number of records of rare species within 1 mi of the proposed project.
Most of the records are for the South River, which is located less than 1 mile from most of the
14
project. Surveys were not conducted for these species. However, because of the minor impacts
to the natural communities associated with the proposed project, construction is not expected to
have a negative effect on these species.
CC. Hal Bain, Unit Head
File: R-4427
Bladen County
TIP Resurfacing
NC ? 10 - from US 701 to NC 11
*Distances for mileposts begin at US 701
*DS=Downstream; US=Upstream
Milepost Pipe Proposed Action Linear Feet of
Stream Impacted Square Feet of
Wetlands Impacted
3.7 3-48" CMP Extend 10' each side I 10 (DS) I 200 (US)
5.0 1-24" RCP Extend 10' each side 20 N/A
5.2 1-54"CMP N/A j N/A I N/A I
5.6 1-36" RCP Extend 10' each side I 20 N/A
5.9 2-42" RCP Extend 10' each side I 10 (DS) I 200 (US)
6.3 1-36" RCP j Extend 10' each side I 10 (DS) 300 (US)
6.6 I 1-54'(mf2 I Extend 10' each side I 30 j N/A j
6.9 1-24" RCP Extend 10' each side 20 I N/A
7.9 1-36" RCP I Replace pipe - no impact I N,'A ! N A
8.3 1-30" RCP Extend 10' each side j 30 N/A
8.7 3-36" RCP Extend 10' on downstream side only i 10 (DS) N: A
8.9 I 1-)?" RCP Extend 10' each side I 20 N,A
9.0 I I-36" RCP I Extend 10' on downstream side only I 10 (DS) + N%A
9.1 1-24" RCP Extend 5' each side ! 10 ! N,'.A
9.3 1-36" RCP j Extend 5' each side I 10 j N/A I
9.5 j 2-36" RCP I Extend 5' each side I 10 I N/A
9.6 j 1-34" RCP Extend 5' each side ! 10
9.Q 1-36' RCP I Extend 10' on upstream side only 1 10 (US) ! N/A
- 10.1-1 2-42- PZQ I Extend 6' on upstream side only I N/A i N: .A j
10:3 1 2-42- RCP j Extend 10' on downstream side only i 10 (DS) I NiA
t 10.4 1-36" RCP I N/A I N/A N/A
j 11.4 I 1-34" RCP i Extend 5' on upstream side only 5 (US) j N/A
11.8 1-36" RCP Extend 10' on upstream side only I N.,A ! 200 (US)
11.9 I 1-30" RCP j Extend 10' each side ( 20 N A
12.4 i 1-42" RCP I _ Extend 10' on downstream side only ? 10 (DS) ! N/A I
j 14.7 I 1-24" RCP Extend 10' on upstream side only i 10 (US) ( N/A
! 17.0 1-48" RCP I Extend 10' each side I 20 I N, A
j 19.9 I 1-24" RCP Extend 10' on downstream side only I 10 (DS) N;A
20.2 1-36" RCP Extend 10' on downstream side only I 10 (DS) ! N/A I
33.1 1-24" RCP Extend 10' on downstream side only I 10 (DS) I N/A j
TOTALS I 3 35 1 .800
010408
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY DAVID MCCOY
GOVERNOR SECRETARY
January 11, 2001
U. S. Army Corps of Engineers
Wilmington Regulatory Field Office
P. O. Box 1890
Wilmington, North Carolina 28402-1890
r-ri -?
ATTN.: Mr. David Timpy rs r 1
NCDOT Coordinator C7 y
Dear Sir:
Subject: Application for Nationwide Permit 14.
Bladen County, Widening and Resurfacing of NC 210 from US 701 to NC 11, State
Project No. 81421301, T.I.P. No. R-4427.
The North Carolina Department of Transportation (NCDOT) proposes to widen NC 210 in
Bladen County from US 701 to NC 11. The project, approximately 28.6 miles in length, consists
of the widening the existing pavement by approximately 2 feet on both sides of the road and
resurfacing the road. This widening will require the extension of 30 culverts. Only four of the
sites will affect jurisdictional wetlands. The other 23 sites impact only streams and each of these
sites impacts less than 0.1 acres. The cumulative impact of these 23 stream sites is less than 0.1
acres in size. Impacts of less that 0.1 acres to jurisdictional streams qualify for a Nationwide 14
permit that will NOT require notification to either the USACE or the N.C. Division of Water
Quality as described in [FR March 9, 2000(Vol. 65, No. 47) page 12888]. Therefore, the stream
sites qualified for a Nationwide 14 permit with no notification. We have attached a copy of our
notification to NCDOT Division 6 Operations describing their responsibilities for the work at
these 23 sites.
This document is a Nationwide 14 application for the four sites that will impact
jurisdictional wetlands. The sites to be affected are listed is Table 1 and depicted on the enclosed
drawings. The footprint of the wetland impact at each site will be 200 square feet (<0.01 acres)
and the cumulative impact at all four sites will be 800 square feet (0.02 acres).
2
RESOURCE STATUS
Wetlands and Streams: The jurisdictional status of the streams and wetlands was
conducted by Mr. Logan Williams on August 7, 2000 using the criteria specified in the 1987
Corps of Engineers Wetland Delineation Manual. The location of the sites are depicted on
Figure 1.
(1) Sites 1.2 and 3 are located at mileposts 3.7, 5.6, and 6.3. They consist of streams
(UT to the Black River) and small streamside wetlands dominated by Polganum
sagittatum, Ludwigia alternifolia, and Scirpus cyperinus. The sites are tangles of
these species.
(2) (2) Site 4 is located at milepost 11.8. It consists of a streams (UT to the Black
River) and small streamside wetlands dominated by Itea virginica, Polganum
sagittatum, and Rhexia mariana.
Table 1. R-4427 Jurisdictional Wetland Sites
Site Milepost Structure Permanent Wetland Stream Data
Impacts (ac) DWQ Index No.
1 3.7 3-48" CMP <0.01 UT to South River
18-68-12-(8.5)
2 5.9 2-42" RCP <0.01 UT to South River
18-68-12-(8.5)
3 6.3 1-36" RCP <0.01 UT to South River
18-68-12-(8.5)
4 11.8 1-36" RCP <0.01 UT to South River
18-68-12-(8.5)
TOTAL 0.018
Endangered Species: Plants and animals with Federal classification of Endangered (E) or
Threatened (T) are protected under provisions of Section 7 and Section 9 of the Endangered
Species Act of 1973, as amended. As of June 16, 2000, the U.S. Fish and Wildlife Service
(Service) lists six federally protected species for Bladen County (Table 2).
Table 2. Federally Protected Species for Bladen County
SCIENTIFIC NAME COMMON NAME STATUS
Aci enser brevirostrum Shortnose sturgeon E
Alligator mississi iensis American alligator T S/A
Picoides borealis red-cockaded woodpecker E
Lindera melissi olia pondberry E
L simachia as erulae olia rough-leaved loosestrife E
Scbwalbea americana American chaffseed E
"E" denotes Endangered (a species that is in danger of extinction throughout all or a significant
portion of its range).
T(S/A) -Threatened due to similarity of appearance, a species that is threatened due to similarity of
appearance with other rare species and is listed for its protection. These species are not biologically
endangered or threatened and are not subject to Section 7 consultation.
3
A biological conclusion of "No Effect" was reached for all species during the August 7,
2000 survey for protected species by Logan Williams. A copy of the field report is enclosed with
this permit application.
REGULATORY APPROVALS
Application is hereby made for a Department of the Army Nationwide 14 Permit as
required for the above-described activities. We are also hereby requesting a 401 Water Quality
Certification from the Division of Water Quality. In compliance with Section 143-215.3D(e) of
the NCAA we have enclosed a check for $200.00 to act as payment for processing the Section 401
permit application. We are providing seven copies of this application to the North Carolina
Department of Environment and Natural Resources, Division of Water Quality, for their review.
If you have any questions or need additional information please call Ms. Alice N. Gordon
at [phone] extension 288.
Sincerel
A/ William D. Gilmore, P.E., Manager
Project Development & Environmental Analysis Branch
cc: w/attachment
Mr. David Franklin, Corps of Engineers, Wilmington Field Office
Mr. Garland Pardue, USFWS, Raleigh
Mr. N. L. Graf, P.E., FHWA
Mr. John Dorney, NCDENR, Division of Water Quality
Mr. Calvin Leggett, P.E. Program Development Branch
Ms. Deborah Barbour, P.E., Highway Design Branch
Mr. D. R. Henderson, P.E., Hydraulics Unit
Mr. Timothy V. Rountree, P.E., Structure Design Unit
Mr. John Alford, P.E., Roadway Design Unit
Mr. Terry Gibson, P.E., Division 6 Engineer
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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT JR. DAVID MCCOY
GOVERNOR SECRETARY
November 7, 2000
MEMORANDUM TO: Greg Burns, P.E.,
Division 6 Operations
FROM: Alice Gordon, Biologist
Natural Systems Unit
SUBJECT: R-4427, NC 210 from US 701 to NC 11. Project No. 8.1421301.
Environmental Permits for Extension of Culverts associated with
R-4427.
The information sent by Division 6 (Greg Burns) on September 7, 2000 demonstrates that the
culvert extensions at the Mileposts listed in Table 1 will cumulatively impact less than 0.1 acres of
jurisdictional surface waters. Each site will impact less than 0.1 acres of jurisdictional surface
waters. There will be no impacts to jurisdictional wetlands at the sites listed in Table 1. Impacts
of less than 0.1 acres to jurisdictional streams qualify for a Nationwide 14 permit that will NOT
require notification to either the U. S. Corps of Engineers or the N.C. Division of Water Quality as
described in [FR March 9, 2000 (Volume 65, Number 47) pagel2888]. Therefore, no notification
is required to the United States Corps of Engineers or to the North Carolina Division of Water
Quality.
Please be advised that the replacement of a pipe by another pipe of similar size as at mileposts
5.2,7.9, 10. 1, and 10.4 qualifies for a Nationwide 3 permit. Although the Nationwide 3 permit and
the Nationwide 14 permit as described above do not require written confirmation from the
agencies, the NCDOT and its contractors are obliged to comply with the attached Nationwide
conditions. Please pay special attention to the Regional Conditions for the Nationwide 14 Permit,
which specify the design and method of construction of culverts. Copies of these conditions are
attached.
5
Table 1. Locations of Culvert Extensions that Qualify for a Nationwide 14 Permit with no
Notification
Milepost* Pipe Proposed Action Linear Feet of
Stream Impacted
5.0 1-24" RCP Extend 10 ' each side 20
5.6 1-36' RCP Extend 10 ' each side 20
6.6 1-54" CMP Extend 10 ' each side 20
6.9 1-24" RCP Extend 10 ' each side 20
8.2 1-30" RCP Extend 10' each side 20
8.7 2-36"RCP Extend 10' on downstream side only 10
8.9 1-42"RCP Extend 10 ' each side 20
9.0 1-36" RCP Extend 10' on downstream side only 10
9.1 1-24" RCP Extend 5' each side 10
9.3 1-36" RCP Extend 5' each side 10
9.5 2-36" RCP Extend 5" each side 10
9.6 1-24" RCP Extend 5' each side 10
9.8 1-36" RCP Extend 10' on upstream side only 10
10.2 2-42" RCP Extend 10' on downstream side only 10
11.4 1-24" RCP Extend 5' on upstream side only 5
11.8 1-36" RCP Extend 10' on upstream side only 10
11.9 1-30" RCP Extend 10' each side 20
12.4 1-42" RCP Extend 10' on downstream side only 10
14.7 1-24" RCP Extend 10' on upstream side only 10
17.0 1-48" RCP Extend 10' each side 20
19.9 1-24" RCP Extend 10' on downstream side only 10
20.2 1-36" RCP Extend 10' on downstream side only 10
23.1 1-24" RCP Extend 10' on downstream side only 10
TOTAL 305
*Distances for Mileposts begin at US 701
Y e,,. SfATF
.mac.,.. ?,.
JAMES B. HUNT JR.
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
P.O. BOX 25201, RALEIGH, N.C.
. 27611-5201
DAVID MCCOY
GOVERNOR
October 23, 2000
Memorandum To
From:
Subject
Greg Burns, P.E.
Division Operations Engineer
Logan Williams, Environmental Specialist
PD and EA Unit
SECRETARY
Protected Species Report for R-4427, NC 210 from US 701 to NC 11.
Project Number 8.1421301, Bladen County.
The subject project was surveyed for protected species on August 7, 2000. NCDOT
Division 6 personnel Greg Burns, Drew Cox and Carlos Smith were present during the survey to
provide specific information on project design. During the survey, streams and wetlands were
evaluated to determine whether they were jurisdictional. Specific information regarding stream
and wetland impacts were provided to Alice Gordon, NCDOT Environmental Specialist who
will be preparing the permit application for this project, by Greg Burns on September 7, 2000.
The proposed project will include 2 ft. widening numerous pavement widening on each
side of the roadway and resurfacing. To accommodate the 2-ft. widening numerous culverts will
require extending.
One terrestrial community will be impacted by the proposed project.
Maintained/disturbed lands are intensively managed where humans, structures, or activities
preclude natural plant succession. The roadside shoulder is the only terrestrial community that
will be impacted by the proposed project. Fescue (Festuca sp.), Richardia (Richardia sp.) and
Bermudagrass (Cynodon dactylon)comprise the dominant flora in this community.
Some populations of fauna and flora have been in the process of decline either due to
natural forces or their inability to coexist with man. 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.
7
Plants and animals with federal classifications of Endangered (E), Threatened (T),
Proposed Endangered (PE) and Proposed Threatened (T), Proposed Endangered (PE) and
Proposed Threatened (PT) are protected under provisions of section 7 and section 9 of the
Endangered Species Act of 1973, as amended. As of June 16, 2000, the FWS lists 6 federally
protected species for Bladen County. Table 1 lists the protected species and their status.
Table 1. Federally Protected Species for Bladen County
Scientific Name Common Name Status
Acipenser brevirostrum Shortnose sturgeon E
Alligator mississippiensis American alligator T(S/A)
Picoides borealis Red-cockaded woodpecker E
Lindera melissifolia Pondberry E
Lysimachia asperulaefolia Rough-leaved loosestrife E
Schwalbea americana American chaffseed E
"E"- Endangered- a species in danger of extinction throughout all or a significant portion of its range.
"T(S/A)"- Threatened Due to Similarity of Appearance- a species similar in appearance to another rare
species and listed for its protection.
Name: Short-nosed sturgeon (Acipenser brevirostrum)
Family: Acipenseridae
Federal Status: Endangered
Listed: March 11, 1967
Characteristics:
The short-nosed sturgeon is a primitive fish ranging from 43-109 cm (17-43 in) in length
and characterized by having five rows of large, bony plates (scutes) separated by naked skin,
running the length of the body. The shortnose sturgeon differs from the closely related Atlantic
sturgeon (A. oxyrhynchus), by its smaller size (Atlantic sturgeon may reach 4.3 in [ 14 ft] in
length), short snout and the lack of scutes between the anal fin and the lateral row of scutes (Ross
et al. 1988).
Distribution and Habitat:
The overall range of the shortnose sturgeon extends along the east coast of North
America from the Saint John River, New Brunswick, Canada, to the Indian River, Florida.. The
status and distribution of the shortnose sturgeon in North Carolina is poorly understood. Many
records of occurrence can not be validated and were possibly misidentified Atlantic sturgeons
(Ross et al. 1988). This species was previously thought to be extinct from North Carolina
(Schwartz et al. 1977), until verified specimens were collected in the Pee Dee River along the
Anson/Richmond County line (part of the South Carolina Pee Dee River population) and in the
lower Cape Fear River in Brunswick County in 1985 and 1987 respectively (Ross et al. 1988). A
subsequent study of the distribution of the shortnose sturgeon in the Cape Fear River Basin
indicates that the species does utilize the Cape Fear River system, but is believed to be extremely
rare (Moser and Ross 1993).
Preferred habitat for adult shortnose sturgeon is found in coastal rivers and estuaries in
deep areas with soft, vegetated substrates (Ross et al. 1988). Diet consists of benthic
8
invertebrates, particularly mollusks and plant material. There are very few near-shore ocean
records and it appears that this species prefers waters of lower salinity than does the Atlantic
sturgeon (Gilbert 1989). Although generally considered anadromous, because of the avoidance
of high salinities, this species has been described as intermediate between fully anadromous and
potamodromous (Dadswell 1979, Buckley and Kynard 1985). Two entirely freshwater
populations have been recorded, in South Carolina and Massachusetts (Gilbert et. al 1989). This
avoidance of saline waters is believed to be "the single most important factor in limiting
extensive latitudinal coastal migrations in this species" (Gilbert 1989).
Spawning sites have been described as freshwater swamps or freshwater areas with fast
flow and rough bottoms (Dadswell et al. 1984). Upstream spawning migrations may cover great
distances, if unimpeded by dams, and have been documented to be over 120 miles (USFWS
1992). In the southern portions of the range, spawning occurs between January and April and
appears to be prompted by water temperature (Dadswell et al. 1984). Juveniles are generally
benthic and non-migratory, remaining in freshwater habitats until they attain a size of 45-cm fork
length or 2 to 8 years of age (Dadswell et al. 1984).
Threats to Species:
Overfishing, obstruction by dams to upstream spawning grounds, and water quality
degradation have been attributed to the decline of sturgeon in general along the Atlantic coast
(Van Den Avyle 1984, USFWS 1992). Moser and Ross (1993) reported that Lock and Dam #1
on the Cape Fear River appeared to block spawning migration of radio-telemetry tracked
shortnose sturgeon.
Biological Conclusion: No Effect
A survey of water bodies crossed by the proposed project was conducted on August 7,
2000. The streams crossed by the proposed project were not of sufficient depth to be utilized by
shortnose sturgeon. A review of the Natural Heritage program database of rare species and
unique habitats does not list this species in the project area. Therefore, project construction will
not impact this species.
Name: American alligator (Alligator mississippiensis)
Family: Alligatoridae
Federal Status: Threatened Due to Similarity of Appearance
Date Listed: June 4, 1987
Characteristics:
The alligator is a large aquatic reptile, measuring 1.8-5.8 meters in length, with a broadly
rounded snout, heavy body, laterally compressed tail, and a dark gray or blackish color. Young
are black with conspicuous yellow crossbands; the banding may occasionally persist on adults,
although very faintly. Unlike the American crocodile, the fourth tooth on the lower jaw of the
alligator fits in a notch in the upper jaw and is not exposed when the jaws are closed.
Distribution and Habitat:
9
The alligator can be found on the east coast of the United States from Tyrrell County,
North Carolina to Corpus Christi, Texas, and north in the Mississippi River drainage basin to
Arkansas and southeastern Oklahoma. Home ranges may vary considerably, with 3,162 acres for
males and 21 acres for females being average. Individuals can travel great distances, both
overland and in the water, but males tend to travel more than females.
The alligator is found rivers, streams, canals, lakes, swamps, bayous, and coastal
marshes. Adult animals are highly tolerant of salt water, but the young are apparently more
sensitive, with salinities greater than 5 parts per thousand considered harmful. The diet consists
of anything of suitable size, including mammals, reptiles, amphibians, birds, fish, and
crustaceans.
Nesting takes place in late spring and early summer, with the female building a mound of
grass and other vegetation that may be two feet high and six feet across. The nest is usually
constructed near the water, in a shaded location. The clutch of 30-60 (average 35) eggs is laid in
a cavity near the top of the mound, and is incubated by the heat from the decaying vegetation.
The female usually remains near the nest until the eggs hatch. Hatching takes place in about nine
weeks, at which time the young begin calling to alert the female to excavate the nest.
Threats to Species:
The primary threats to the alligator in the past have been loss of habitat and overhunting.
The legal protections in recent years have allowed this species to increase significantly, and it is
now considered biologically secure.
Distinctive Characteristics:
The alligator is distinguished from the American crocodile by its broad, rounded snout
and the way its fourth tooth of its lower jaw fits into a notch in the upper jaw when the jaws are
closed, and is therefore not exposed when the jaws are closed.
Biological Conclusion:
This species is listed as Threatened Due to Similarity of Appearance, and is therefore not
protected under Section 7 of the Endangered Species Act. However, in order to control the
illegal trade of other protected crocodilians such as the American crocodile, federal regulations
(such as hide tagging) are maintained on the commercial trade of alligators. No survey is
required for this species.
Name: Red-cockaded woodpecker (Picoides borealis)
Family: Picidae
Federal Status: Endangered
Listed: October 13, 1970
Characteristics:
The red-cockaded woodpecker (RCW), one of nine Picoides native to the United States, is
endemic to the yellow pine forests of the southern United States. The RCW's plumage is
entirely black and white except for small red streaks on the sides of the nape in the male. The
back is black and white with horizontal stripes and the breast and underside are white with
streaked flanks. There is a large white cheek patch surrounded by the blackcap, nape, and throat.
10
Distribution and Habitat:
RCWs use open old growth stands of southern pines, particularly longleaf pine (Pinus
palustris), for foraging and nesting habitat. A forested stand must contain at least 50% pine.
These birds nest exclusively in trees that are >60 years old and are contiguous with pine stands at
least 30 years of age. The foraging range of the RCW is from up to 202 ha (500 ac), and 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 3.6-30.0 in
(12.0-100.0 ft) above the ground and average 9.1- 15.2 m (30.0-50.0 ft) high. Cavity trees can be
identified by "candle-sticking," a large incrustation of running sap surrounding the nest cavity.
This is arguably used as a defense against possible predators. A clan of woodpeckers usually
consists of one breeding pair and the offspring from previous years. The eggs are laid in April,
May, and June and hatch 38 days later. Clutch size is from 3-5 eggs. All members of the clan
share in raising the young. RCWs feed mainly on insects but may also feed on seasonal wild
fruits.
Threats to Species:
Clearing of mature pine forests for forestry, agricultural and development purposes,
coupled. with fire suppression has lead to the decline, and population fragmentation of this
species throughout its range. The rarity of the RCW, along with documented declines in local
populations, and diminished availability of nesting habitats led to the species being listed as
Endangered in 1970.
Biological Conclusion: No Effect
All construction for the proposed project will be confined to the maintained road
shoulder. The project was surveyed on August 7, 2000 by NCDOT biologist Logan Williams.
Foraging and nesting habitat was not found within the construction limits of the proposed
project. However, a review of the Natural Heritage program database of rare species and unique
habitats has a record for this species within 1 mile of the proposed project. Since the proposed
project construction is limited to the maintained road shoulder, it can be concluded that project
construction will not impact this species.
Name: Pondberry (Lindera melissifolia)
Family: Laurel (Lauraceae)
Federal Status: Endangered
Date Listed: July 31, 1986
Best Search Time: February-September
Characteristics:
Pondberry is a deciduous shrub growing to approximately 2 meters tall, and spreading by
means of stolons. The leaves are thin, drooping, prominently veined and pubescent beneath,
ovate to elliptical, and have rounded bases. Leaves emit a sassafras-like odor when crushed.
This species is dioecious (male and female flowers are on separate plants), and the flowers of
both sexes are pale yellow, small, and appear before the leaves in the spring. The fruit is a bright
11
red drupe containing one seed, which forms in the late summer or fall and is supported on a stout
pedicel that remains on the branch after the fruit falls. Vegetative reproduction (stolons) seems
to be more common than sexual reproduction (seeds).
Distribution and Habitat:
Pondberry is known from several widely scattered locations across the Southeast, in
Arkansas, Georgia, Mississippi, Missouri, North Carolina, and South Carolina. In interior areas,
habitat for pondberry consists of seasonally flooded wetlands, sandy sinks, pond margins, and
swampy depressions (Steyermark 1949). In the coastal plain of the Carolinas, pondberry is
found along the margins of sinks, ponds, and pineland depressions. Soils in these areas are
sandy with a high peat content, and have a high water table. Fire may have been an important
factor in maintaining suitable habitat in the past. This species is most often found in shade, but
may be seen full sun in areas where competition is not as intense.
Threats to Species:
The greatest threat to this species is loss of habitat through ditching wetlands for
residential, commercial, or agricultural development. Other activities that can adversely affect
this species are disturbance by livestock and timber harvesting.
Distinctive Characteristics:
Pondberry can be distinguished from southern spicebush (Lindera benzoin) by having
drooping foliage, rounded leaf bases rather than tapered, sassafras-like odor of the crushed leaves
rather than spicy, and fruit pedicels that persist throughout the winter. Pondberry can be
distinguished from bog spicebush (Lindera subcoriacea) because the latter's leaves have little or
no fragrance when crushed.
Biological Conclusion: No Effect
A survey was conducted for this species by NCDOT biologist Logan Williams on August
7, 2000. This species was not found during the survey. A review of the Natural Heritage
program database of rare species and unique habitats did not list this species in the project area.
Given the results of the survey it can be concluded that project construction will not impact this
species.
Name: Rough-leaved Loosestrife (Lysimachia asperulaefolia)
Family: Primrose (Primulaceae)
Federal Status: Endangered
Date Listed: June 12, 1987
Best Search Time: late spring through mid summer (late May - early June)
Characteristics:
Rough-leaved loosestrife is a perennial herb growing from 30 - 60 cm (12 - 24 in) tall.
Its sessile leaves, in whorls of three to four, are broadest at the base and have three prominent
veins. The leaves are entire, slightly revolute (rolled under along the margins), yellow-green or
blue-green in color and lustrous. Rough-leaved loosestrife flowers from May to June. The
yellow flowers are formed in a loose, cylindrical, terminal raceme that is 3-10 cm (1.2 - 3.9 in)
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long. Each corolla is 1.5 cm (0.6 in) across and contains five dotted or streaked petals. Fruits in
the form of a capsule are formed by August but don't dehisce until October. Rough-leaved
loosestrife depends on rhizomatous growth rather than sexual reproduction for short-term
survival. The leaves turn a reddish color in fall and the plant overwinters in a dormant stage.
Stipitate glands are found on most parts of the plant.
Distribution and Habitat:
Rough-leaved loosestrife is endemic to the Coastal Plain and Sandhills of North Carolina
and South Carolina. Typical habitat for rough-leaved loosestrife is the ecotone between high
pocosin and longleaf pine (or oak) savannas that contain sandy or peaty soils and full sunlight.
Rough-leaved loosestrife sometimes occurs in low pocosin openings where light is abundant at
ground level. Other habitats where this species is found include ecotones of stream-head
pocosins in the Sandhills and Sandhill Seeps where wet sands are underlain by clay, allowing
water to seep to the surface along slopes.
Threats to Species:
Urban development, conversion of land to agricultural and silvicultural practices and
associated drainage and fire suppression allows growth of shrubs and trees that shade out this
species. Plowing firebreaks along ecotones could also negatively impact rough-leaved
loosestrife.
Distinct Characteristics:
Leaves in whorls of three to four; yellow flowers in a terminal raceme.
Other:
At the time the recovery plan was written, there were 58 known populations in North
Carolina and one known population in South Carolina.
BIOLOGICAL CONCLUSION: No Effect
A survey was conducted for this species by NCDOT biologist Logan Williams on August
7, 2000. All construction for the proposed project will be confined to the maintained road
shoulder. This species was not found during the survey. A review of the Natural Heritage
program database of rare species and unique habitats did not list this species in the project area.
Given the results of the survey it can be concluded that project construction will not impact this
species.
Name: American Chaffseed (Schwalbea americana)
Family: Snapdragon (Scrophulariaceae)
Federal Status: Endangered
Date Listed: September 29,1992
Best Search Time: April through June in the south.
Characteristics:
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American chaffseed is an erect herb to 30 - 60 cm (12 - 24 in). It is densely hairy
throughout, including the flowers. The entire leaves are alternate, lance shaped to elliptic and
2.5 - 5.0 cm (0.8 - 2.0 in) long. The upper leaves are reduced to narrow bracts. The tubular
flowers are two-lipped and purplish-yellow in color. They are 3.0 - 3.5 cm (1.2 - 1.4 in) long
and borne singly on short stalks in the axils of the uppermost leaves (bracts) and form a many
flowered spike-like raceme. Fruits are narrow capsules approximately 10 - 12 mm (0.4 - 0.5 in)
long. Numerous seeds are produced and they are greenish brown or yellowish tan in color.
Distribution and Habitat Requirements:
American chaffseed is found primarily in the coastal plain of New Jersey, North
Carolina, South Carolina, Georgia and Florida. American chaffseed is most often found in sandy
(sandy peat, sandy loam) acidic, seasonally moist to dry soils. Plant communities with which
this species is most often associated with include pine flatwoods, fire maintained savannas,
ecotones between peaty wetlands and xeric sandy soils and other open grass-sedge systems. This
species is believed to be shade intolerant and is therefore found in areas maintained in open to
partially open conditions. Most extant populations are in areas subject to frequent fire. This
species is also known to occur on road shoulders and in power line rights-of-way that experience
frequent mowing.
Threats to Species:
Fire. suppression, allowing the succession of its habitat, is the greatest threat to this
species. Other threats include development, discontinuation of game (quail) management and
the conversion of pine flatwoods and pine savannas to commercial pine plantations.
Roadside Populations:
One historical roadside population occurs on SR 2026 in Moore County (EO 009).
Searches in 1998 did not reveal any plants. American chaffseed was last observed at this site in
1993.
Distinct Characteristics:
Upright herb, 30 - 60 cm (12 - 24 in) in height. Alternate leaves diminishing upwards.
Two-lipped tubular flowers, purplish-yellow in color and 3.0 - 3.5 cm (1.2 - 1.4 in) long, on
short stalks in the axils of the uppermost leaves (bracts). Hairy stems, leaves and flowers.
Biological Conclusion: No Effect
A survey was conducted for this species by NCDOT biologist Logan Williams on August
7, 2000. All construction for the proposed project will be confined to the maintained road
shoulder. This species was not found during the survey. A review of the Natural Heritage
program database of rare species and unique habitats did not list this species in the project area.
Given the results of the survey it can be concluded that project construction will not impact this
species.
A review of the data base of the N. C. Natural Heritage Program Rare Species and
Unique Habitats reveals a number of records of rare species within 1 mi of the proposed project.
Most of the records are for the South River, which is located less than 1 mile from most of the
14
project. Surveys were not conducted for these species. However, because of the minor impacts
to the natural communities associated with the proposed project, construction is not expected to
have a negative effect on these species.
CC. Hal Bain, Unit Head
File: R-4427
Bladen County
TIP Resurfacing
NC 210 - from US 701 to NC 11
*Distances for mileposts begin at US 701
*DS=Downstream; US=Upstream
Milepost Pipe Proposed Action Linear Feet of
Stream Impacted Square Feet of
I Wetlands Impacted
.
3.7 ! 3-48" CMP Extend 10' each side ! 10 (DS) I 200 (US)
5.0 1-24" RCP Extend 10' each side ! 20 ! NIA !
52 1-3-4"GMP N/A N/A 1 N/A
5.6 1-36" RCP Extend 10' each side I 20 I N/A
5.9 .2-42" RCP Extend 10' each side ! 10 (DS) I 200 (US)
6.3 1-36" RCP Extend 10' each side I 10 (DS) ! 200 1US)
6.6 54:'(_m 12 Extend 10' each side I 20 ! N/A I
6.9 1-24" RCP Extend 10' each side 20 ! N/A
7.9 1-36" RCP ! Replace pipe - no impact I NN 'A i N. A
8.2 1-30" RCP Extend 10' each side 20 1 N/A
8.7 2-36" RCP Extend 10' on downstream side only ! 10 (DS) N- A
8.9 ! 1-4'--" RCP Extend 10' each side ; '_0 N,A
{ 9.0 I-36" RCP ! Extend 10' on downstream side oniv I. 10 (DS) 1 N/A
j 9.1 1-24" RCP ! Extend 5' each side 10 N;A
j 9.3 1-36" RCP Extend 5' each side I 10 I NrA I
9.5 ! 2-36" RCP Extend 5' each side ! 10 1 N/A
9.6 1-24" RCP Extend 3' each side i 10 ! N,'A
I 9.Q
- 1-36" RCP ( Extend 10 on upstream side oniv I 10 (US) N-'A
F
I 0. 1 2-42" P4P I Extend 5' on upstream side only I N/A 1 Ni: A 1
10.- ?-42" RCP Extend 10' on downstream side only ! 10 (DS) I NiA
10.4 ? 1-36" RCP I N/A I N'I'A 1 N/A
j 11.4 1-24" RCP I Extend 5' on upstream side oniv 5 (US) i N/A
11.8 1-36" RCP I Extend 10' on upstream side only j N/A I 200 (US)
11.9 I 1-30" RCP ! Extend 10' each side ! 20
12.4 i-42" RCP ! Extend 10' on downstream side only ! 10 (DS) ! N/A
! 14.7 ! 1--24" RCP Extend 10' on uostream side on Iv i 10 (US) ! N%A
j 17.0 1-48" RCP ! Extend 10' each side I 20 NSA
I 19.9 ! 1-24" RCP Extend 10' on downstream side on Iv I 10 (DS) I N,A
20.2 1-36 RCP Extend 10' on downstream side only ! 10 (DS) ! N/A
33.1 1-24" RCP Extend 10' on downstream side on Iv 1 10 (DS) ! N/A !
I TOTALS ! 3 2_ 1 800
IF INCORRECT RETURN TO
Warrant No. NC DEPARTMENT OF TRANSPORTATION
104`--' ate 08-11-2000
RAIFI(;14 NG97AQQ_1F1r, All Al n497 nnA
INVOICE NUMBER INVOICE DATE
PURCHAS
O
R CONTRACT

INVOICE AMOUNT

(-) DISCOUNT

(+) FREIGHT

NET AMOUNT
08-02-2000 200.00 200.00
I

20