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HomeMy WebLinkAbout20010832 Ver 1_Complete File_20010531i .10M 59WE o? M STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL. F. EASLEY GOVERNOR May 16, 2001 U.S. Army Corps of Engineers Raleigh Regulatory Field Office 6508 Falls of Neuse Road Suite 120 Raleigh, NC 27615 ATTENTION: Mr. Eric Alsmeyer Dear Sir: LYNDo TIPPETT SECRETARY '010832, SUBJECT: Proposed replacement of Bridge No. 71 on SR 1736 over South Country Line Creek and Bridge No. 103 on SR 1736 over Penson Creek in Caswell County. Federal Aid Project No. MABRZ-1736(2), State Project No. 8.2481001, TIP No. B-3131 Attached for your information is a copy of the Categorical Exclusion Action Classification Form and the Natural Resources Technical Report for the subject project. The project is being processed by the Federal Highway Administration as a "Categorical Exclusion" in accordance with 23 CFR 771.115(b). Therefore, we propose to proceed under a Nationwide Permit in accordance with 33 CFR 330 Federal Register: March 9, 2000 (Volume 65, Number 47, Pages 12817-12899, by the Corps of Engineers. The provisions of Section 330.4 and appendix A (C) of these regulations will be followed during construction of the project. Both bridges are on SR 1736 (Burton Chapel Road) in Caswell County. Bridge No. 71 is over South Country Line Creek and Bridge No. 103 is over Penson Creek. The existing bridges will be replaced with new bridges of 135 ft. and 110 ft. lengths respectively. The total project length is approximately 1700.0 ft. Traffic will be detoured offsite along other existing roads during construction. Jurisdictional Surface Waters. Two perennial streams in the Roanoke River Basin, South Country Line Creek [DWQ Index No. 22-56-7-(2), (7/1/73)] and Penson Creek [DWQ Index No. MAILING ADDRESS: TELEPHONE: 919-733-3141 LOCATION: PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS FAX: 919-733-9794 TRANSPORTATION BUILDING 1548 MAIL SERVICE CENTER 1 SOUTH WILMINGTON STREET RALEIGH NC 27699-1548 WEBSITE: WWWDOH.DOT.STATE.NC.US RALEIGH, NC 22-56-7-4 -(2), (7/1/73)] are located within the project area. Both streams carry a Best Usage Classification of Class B. Class B refers to freshwaters protected for primary recreation which includes swimming on a frequent or organized basis and all Class C uses. Class C refers to waters suitable for aquatic life propagation and survival, fishing, wildlife, secondary recreation, and agriculture. Both bridges are composed of timber and steel components, with an overlaid asphalt road surface. The timber and steel components will be removed without dropping into Waters of the U.S. The asphalt wearing surface will be removed prior to demolition without dropping into Waters of the U.S. During construction, NCDOT Best Management Practices for Bridge Demolition and Removal will be followed. No impacts to jurisdictional surface waters are anticipated due to project construction. Jurisdictional Wetlands. No jurisdictional wetlands will be impacted due to project construction. Threatened And Endangered Species. The James spinymussel (Pleurobema collina) has been added to the list of federally protected species for Caswell County since the completion of the CE. A survey for this species has not been conducted at this time. The project area will be surveyed in the upcoming months and results from this survey will be provided to resource agencies. Cultural Resources. No historic sites will be impacted by the proposed project. The State Historic Preservation Office (SHPO) recommended no historic architectural investigations be conducted (April 29, 1998). NCDOT conducted an archaeological investigation and found no archaeological sites within the proposed project area. SHPO concurred with this finding and recommended no further archaeological investigations would be necessary (May 11, 1999). It is anticipated that these activities will be authorized via a NWP 23 (Categorical Exclusion). By copy of this application, request is made to the Division of Water Quality, for the appropriate 401 Water Quality Certification. If you have any questions or need any additional information, please contact Mr. Chris Rivenbark at (919) 733-9513. Si cerely, William Gilmore, P.E., Branch Manager Project Development and Environmental Analysis WDG/mcr cc: Mr. David Franklin, COE Mr. John Dorney, NCDWQ Mr. David Cox, NCWRC Mr. Garland Pardue, USFWS Mrs. Debbie Barbour, P.E., Design Services Mr. Calvin Leggett, P.E., Program Design Mr. John Alford, P.E., Roadway Design Mr. D.R. Henderson, P.E., Hydraulics Mr. Tim Rountree, P.E., Structure Design Mr. Byron Moore, P.E., Roadside Environmental Mr. Mike Mills, P.E., Division 7 Engineer Mr. Dennis Pipkin, P.E., PD & EA l:ASWtLL UUUNTY -- SR 1736 -- Replace Bridge No. 71 over South Country Line Creek, and Replace Bridge No. 103 over Penson Creek -- B-3131 -- i Location Map Figure One CATEGORICAL EXCLUSION ACTION CLASSIFICATION FORM TIP Project No. State Project No. Federal Project No A. Proiect Description: B-3131 8.2481001 MABRZ-1736(2) NCDOT will replace Bridge No. 71 and Bridge No. 103 in Caswell County. Bridge No. 71 carries Highway SR 1736 over South Country Line Creek, and Bridge No. 103 carries the same highway over Penson Creek. The existing bridges will be replaced with new bridges of 135 foot and 110 foot lengths respectively. The bridges will accommodate travelways 22 feet wide, with 3 foot offsets on each side. The approach roadway will be 22 feet wide with at least a 4 foot grassed shoulder on each side. Traffic will be detoured onto other existing local roads during construction. B. Purpose and Need: The sufficiency ratings of the existing bridges are only 26.0 and 27.9 out of 100.0. Rehabilitation of the existing deteriorating bridges is neither practical nor economical. For these reasons, both bridges need to be replaced. C. Proposed Improvements: Circle one or more of the following Type II improvements which apply to the project: 1. Modernization of a highway by resurfacing, restoration, rehabilitation, reconstruction, adding shoulders, or adding auxiliary lanes (e.g., parking, weaving, turning, climbing). a. Restoring, Resurfacing, Rehabilitating, and Reconstructing pavement (3R and 4R improvements) b. Widening roadway and shoulders without adding through lanes c. Modernizing gore treatments d. Constructing lane improvements (merge, auxiliary, and turn lanes) e. Adding shoulder drains f. Replacing and rehabilitating culverts, inlets, and drainage pipes, including safety treatments g. Providing driveway pipes h. Performing minor bridge widening (less than one through lane) 2. Highway safety or traffic operations improvement projects including the installation of ramp metering control devices and lighting. a. Installing ramp metering devices b. Installing lights 9 C. Adding or upgrading guardrail d. Installing safety barriers including Jersey type barriers and pier protection e. Installing or replacing impact attenuators f. Upgrading medians including adding or upgrading median barriers g. Improving intersections including relocation and/or realignment h. Making minor roadway realignment i. Channelizing traffic j. Performing clear zone safety improvements including removing hazards and flattening slopes k. Implementing traffic aid systems, signals, and motorist aid 1. Installing bridge safety hardware including bridge rail retrofit 3. Bridge rehabilitation, reconstruction, or replacement or the construction of grade separation to replace existing at-grade railroad crossings. a. Rehabilitating, reconstructing, or replacing bridge approach slabs b. Rehabilitating or replacing bridge decks c. Rehabilitating bridges including painting (no red lead paint), scour repair, fender systems, and minor structural improvements dO Replacing a bridge (structure and/or fill) 4. Transportation corridor fringe parking facilities. 5. Construction of new truck weigh stations or rest areas. 6. Approvals for disposal of excess right-of-way or for joint or limited use of right-of-way, where the proposed use does not have significant adverse impacts. 7. Approvals for changes in access control. 8. Construction of new bus storage and maintenance facilities in areas used predominantly for industrial or transportation purposes where such construction is not inconsistent with existing zoning and located on or near a street with adequate capacity to handle anticipated bus and support vehicle traffic. 9. Rehabilitation or reconstruction of existing rail and bus buildings and ancillary facilities where only minor amounts of additional land are required and there is not a substantial increase in the number of users. 10. Construction of bus transfer facilities (an open area consisting of passenger shelters, boarding areas, kiosks and related street 2 improvements) when located in a commercial area or other high activity center in which there is adequate street capacity for projected bus traffic. 11. Construction of rail storage and maintenance facilities in areas used predominantly for industrial or transportation purposes where such construction is not inconsistent with existing zoning and where there is no significant noise impact on the surrounding community. 12. Acquisition of land for hardship or protective purposes, advance land acquisition loans under section 3(b) of the UMT Act. Hardship and protective buying will be permitted only for a particular parcel or a limited number of parcels. These types of land acquisition qualify for a CE only where the acquisition will not limit the evaluation of alternatives, including shifts in alignment for planned construction projects, which may be required in the NEPA process. No project development on such land may proceed until the NEPA process has been completed. D. Special Proiect Information Construction Coordination: Construction of TIP project B-3131 (SR 1736) will be coordinated with B-3319 (SR 1751) in order to avoid closure of both roads simultaneously. Environmental Commitments: 1. All standard measures will be implemented to avoid or minimize environmental impacts. The NCDOT's "Best Management Practices for Protection of Surface Waters" shall be adhered to. 2. In accordance with the provisions of Section 404 of the Clean Water Act (33 U.S.C. 1344) a permit will be required from the Corps of Engineers for the discharge of dredged or fill material into "Waters of the United States." A Corps of Engineers Nationwide Permit # 23 will be applicable for this project. 3. A North Carolina Division of Water Quality Section 401 Water Quality General Certification will be obtained prior to issue of the Corps of Engineers Nationwide Permit # 23. Estimated Costs: Total Construction Cost $1,000,000 Right-of-Way and Utilities 55,000 Total Project Cost (two bridges) $1,055,000 Estimated Traffic: Current - 500 VPD Year 2025 - 800 VPD Proposed Typical Roadway Section: The approach roadway will be 22 feet wide with at least a 4 foot grassed shoulder on each side. Shoulder width will be increased to at least 7 feet where guardrail is warranted. Design Speed: The design speed will be 60 mph. Functional Classification: SR 1736 is classified as a Rural Local facility in the Statewide Functional Classification System. Division Office Comments: The Division Engineer supports road closure and replacement of both bridges at the existing locations. The Division Engineer also requested that construction of TIP project B-3131 (SR 1736) be coordinated with B-3319 (SR 1751) in order to avoid closure of both roads simultaneously. E. Threshold Criteria ECOLOGICAL YES NO (1) Will the project have a substantial impact on any unique or important natural resource? ? X (2) Does the project involve any habitat where federally listed endangered or threatened species may occur? ? X (3) Will the project affect anadromous fish? F-1 X (4) If the project involves wetlands, is the amount of permanent and/or temporary wetland taking less than one-third (1/3) acre and have all practicable measures X ? to avoid and minimize wetland takings been evaluated? 4 (5) Will the project require use of U. S. Forest Service lands? ? X - (6) Will the quality of adjacent water resources be adversely impacted by proposed construction activities? F1 X (7) Does the project involve waters classified as Outstanding Resource Waters (ORW) and/or High Quality Waters (HQW)? ? X (8) Will the project require fill in waters of the United States in any of the designated mountain trout counties? ? X (9) Does the project involve any known underground storage tanks (UST's) or hazardous materials sites? ? X PERMITS AND COORDINATION YES NO (10) If the project is located within a CAMA county, will the project significantly affect the coastal zone and/or any "Area of Environmental Concern" (AEC)? ? X (111) Does the project involve Coastal Barrier Resources Act resources? ? X (12) Will a U. S. Coast Guard permit be required? ? - X (13) Will the project result in the modification of any existing regulatory floodway? ? X (14) Will the project require any stream relocations or channel changes? ? X SOCIAL, ECONOMIC. AND CULTURAL RESOURCES YES NO (15) Will the project induce substantial impacts to planned growth or land use for the area? ? X (16) Will the project require the relocation of any family or business? ? X (17) Will the project have a disproportionately high and adverse human health and environmental effect on any minority or ? X low-income population? 5 (18) If the project involves the acquisition of right of way, is the amount of right of way acquisition considered minor? X ? (19) Will the project involve any changes in access control? ? X (20) Will the project substantially alter the usefulness and/or land use of adjacent property? ? X_ (21) Will the project have an adverse effect on permanent local traffic patterns or community cohesiveness? F] X (22) Is the project included in an approved thoroughfare plan and/ or Transportation Improvement Program (and is, therefore, in conformance with the Clean Air Act of 1990)? X ? (23) Is the project anticipated to cause an increase in traffic volumes? ? X (24) Will traffic be maintained during construction using existing roads, staged construction, or on-site detours? X ? (25) If the project is a bridge replacement project, will the bridge be replaced at its existing location (along the existing facility) X ? and will all construction proposed in association with the bridge replacement project be contained on the existing facility? (26) Is there substantial controversy on social, economic and environmental grounds concerning aspects of the action? X (27) Is the project consistent with all Federal, State, and local laws relating to the environmental aspects of the project? X (28) Will the project have an "effect" on structures/properties eligible for or listed on the National Register of Historic Places? ? X (29) Will the project affect any archaeological remains which are important to history or pre-history? F-1 _.Y (30) Will the project require the use of Section 4(f) resources (public parks, recreation lands, wildlife and waterfowl refuges, historic sites or historic bridges, as defined in Section 4(f) of the U. S. Department of Transportation Act of 1966)? ? X (31) Will the project result in any conversion of assisted public recreation sites or facilities to non-recreation uses, as defined by Section 6(f) of the Land and Water Conservation Act ? X of 1965, as amended? 6 (32) Will the project involve construction in, across, or adjacent to a river designated as a component of or proposed for inclusion in the natural Wild and Scenic Rivers? ? X F. Additional Documentation Required for Unfavorable Responses in Part E In reference to Threshold Criteria No. 29, The State Historic Preservation Office (SHPO) requested an archeological survey of the area. An archeological survey was performed, and the SHPO concurred with the report's finding that no archeological sites would be affected. G. CE Approval TIP Project No. State Project No. Federal Project No B-3131 8.2481001 MABRZ-1736(2) Project Description: NCDOT will replace Bridge No. 71 and Bridge No. 103 in Caswell County. Bridge No. 71 carries Highway SR 1736 over South Country Line Creek, and Bridge No. 103 carries the same highway over Penson Creek. The existing bridges will be replaced with new bridges of 135 foot and 110 foot lengths respectively. The bridges will accommodate travelways 22 feet wide, with 3 foot offsets on each side. Traffic will be detoured onto other existing local roads during construction. Categorical Exclusion Action Classification: X TYPE II(A) TYPE II(B) Approved: Date Assistant Manager Planning and Environmental Branch ?K-99 V" /,71',.7?1- Date Project Planning Unit Head Planning and Environmental Branch Date Project Planning Engineer Planning and Environmental Branch For Type II(B) projects only: Not Required Date Division Administrator Federal Highway Administration -7 L ASWELL COUNTY -- SR 1736 -- Replace Bridge No. 71 over South Country Line Creek, and Replace Bridge No. 103 over Penson Creek -- B-3131 -- I Locauon Map Figure One 3 ^ North Carolina Department of Cultural Resources James B. Hunt Jr., Governor Betty Ray McCain, Secretary April 29, 1998 Nicholas L. Graf Division Administrator Federal Highway Administration Department of Transportation 310 New Bern Avenue Raleigh, N.C. 27601-1442 Re: Bridge n71 on SR 1736 over Country Line Creek, Caswell County, B-3131 , Federal Aid Project MABRZ-1736(2), State Project 8.2481001, ER 98-8596 Dear Mr. Graf: Division of Archives and History Jeffrey J. Crow, Director We regret staff was unable to attend the scoping meeting for the above project on March 26, 1998. However, Debbie Bevin met with Dennis Pipkin of the North Carolina Department of Transportation (NCDOT) on April 15, 1998, to discuss the project and view the project photographs and aerial. Based upon our review of the photographs and the information discussed at the meeting, we offer our preliminary comments regarding this project. In terms of historic architectural resources, we are aware of no historic structures located within the area of potential effect. We recommend that no historic architectural survey be conducted for this project. We note there are two archaeological sites in close proximity to the project area, 31 CS4 and 31 CS6. We recommend that an archaeological survey of ,he replacement area, any temporary detours to be constructed, and any other construction areas such as lateral ditches and temporary construction accesses, be surveyed. We further suggest that the two recorded sites be tested to determine whether they will be affected and whether any mitigation of adverse affects will be necessary. Having provided this information, we look forward to receipt of either a Categorical Exclusion or Environmental Assessment which indicates how NCDOT addressed our comments. The above comments are made pursuant to Section 106 of the National Historic Preservation Act of 1966 and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106, codified at 36 CFR Part 800. Nicholas L. Graf April 29, 1998, Page 2 Thank you for your cooperation and consideration. If you have questions concerning the above comment, please contact Renee Gledhill-Earley, environmental review coordinator, at 919/733-4763. Siu-prrelly, %•, Jam, /? r-? .1 J,:/? ,ql? 'flavor Brook"' Deputy State Historic Preservation Officer DB:slw cc: H. F. Vick B. Church T. Padgett s. North Carolina Department of Cultural Resources James B. Hunt Jr., Governor Betty Ray McCain, Secretary May 11, 1999 MEMORANDUM Division of Archives and History Jeffrey J. Crow, Director TO: Thomas J. Padgett, Archaeology Supervisor Project Development and Environmental Analysis Branch rMC E O Division of Highways. Department of Transportation FROM: David Brook ?!/ i ?/ Deputy State t1lStoric Preserva on Oftlce AY 11999 SUBJECT: Archaeological Survey Report, Bridge 71 on SR 2 - o? Federal :P ?i`IGHWAof ? 1736, Caswell County, TIP B-3131, p -F HIGHWAYS ?PF AidMABRZ-1736(2), ER 99-8772 0 op OE r,4 L ANP\jgs?? Thank you for your letter of April 21, 1999, transmitting the archaeological survey report by Lee Tippett concerning the above project. We have reviewed the report and would like to offer our comments. We note that no archaeological sites were discovered during the survey. No further archaeological work will be necessary to complete the project as planned. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance With Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, please contact Renee Gledhill-Earley, environmental review coordinator, at 919/733-4763. DB:slw cc: Nicholas Graf l-William Gilmore 109 East Jones Street • Raleigh. North Carolina 27601-2807 0 .YFdPµ 5T? STATE OF NORTH CAROLINA DEPARTMENT OF TPANSPORTATION JAMES B. HUNT JR. GOVERNOR P.O. BOX 25201. RALEIGH. N.C. 27611-5201 January 20, 1998 MEMORANDUM TO: FROM: Wayne Elliot, P.E., Unit Head Bridge Replacement Unit E. NORRIS TOLSON SECRETARY Chris Rivenbark, Natural Systems Specialist C?- Natural Systems Unit SUBJECT: Natural Resources Technical Report for the proposed replacement of Bridge No. 71 over South Country Line and Bridge No. 103 over Penson Creek, both on SR 1736 in Caswell County. Federal Aid Project No.MABRZ-1736(2), State Project No. 8.2481001, TIP No. B-3131 ATTENTION: Dennis Pipkin, P.E., Project Planning Engineer Bridge Replacement Unit The attached Natural Resources Technical Report (NRTR) provides inventories and descriptions of natural resources within the project area to assist in preparation of a Categorical Exclusion. Estimations of impacts likely to occur to these resources as a result of project construction are provided as well. If you have any questions, please contact me at 733-9513. cc: Phil Harris, P.E., Unit Head, Natural Systems Unit File: B-3131 (9 Replacement of Bridge No. 71 over South Country Line and Bridge No. 103 over Penson Creek, both on SR 1736 in Caswell County. Natural Resources Technical Report T.I.P. No. B-3131 State Project No. 8.2481001 F.A. Project No. MABRZ-1736(2) North Carolina Department of Transportation Division of Highways Project Development and Environmental Analysis Branch Natural Systems Unit Chris Rivenbark, Natural Systems Specialist January 20, 1998 TABLE OF CONTENTS 1.0 INTRODUCTION 1 ...................................................................................................... 1.1 PROJECT DESCRIPTION .............................................................................................. . 1 1.2 PURPOSE ................................................................................................................... 1 1.3 TERMINOLOGY AND DEFINITIONS .................................................................................. 1 1.4 METHODOLOGY .......................................................................................................... 1 2.0 PHYSICAL RESOURCES .................................... 2 .................................................... 2.1 WATER RESOURCES ................................................................................................... 2 2.2 SOILS AND TOPOGRAPHY ............................................................................................. 3 3.0 BIOTIC RESOURCES ................................... 3 ........................................................... 3.1 TERRESTRIAL COMMUNITIES ........................................................................................ 4 3.2 SUMMARY OF ANTICIPATED IMPACTS ............................................................................ 5 3. 2.1 Anticipated Impacts to Terrestrial Communities ................................................. 5 3. 2.2 Anticipated Impacts to Water Resources ........................................................... 5 4.0 JURISDICTIONAL TOPICS ..................................................................................... 6 4.1 WATERS OF THE UNITED STATES ....................................... 7 4 .......................................... 1 1 Permits . . ................................................................................................................ 7 4.2 FEDERALLY PROTECTED SPECIES ................................................................................ 8 4.3 FEDERAL SPECIES OF CONCERN AND STATE LISTED SPECIES ........................................ 8 5.0 REFERENCES .......................................................................................................10 LIST OF TABLES TABLE 1. WATER RESOURCES LOCATED WITHIN THE PROJECT STUDY AREA ......................... 2 TABLE 2. SOILS OCCURRING IN THE PROJECT STUDY AREA ................................................... 3 TABLE 3. ESTIMATED TERRESTRIAL IMPACTS TO COMMUNITIES ............................................. 5 TABLE 4. ESTIMATED IMPACTS TO WATER RESOURCES ....................................................... 6 TABLE 5. FEDERAL SPECIES OF CONCERN FOR CASWELL COUNTY ....................................... 9 1.0 INTRODUCTION The following Natural Resources Technical Report is submitted to assist in preparation of a Categorical Exclusion. 1.1 Project Description The proposed project calls for the replacement of bridge No. 71 over South Country Creek and bridge No. 103 over Penson Creek on SR 1736. Both bridges will be replaced in their existing locations. The proposed right-of-way is 18.2 m (60.0 ft). Project length is approximately 97.5 m (320.0 ft) at each bridge. Traffic will be detoured during construction using other existing local roads. 1.2 Purpose The purpose of this document is to describe and inventory the natural resources identified within the project vicinity and estimate potential impacts to these resources. Recommendations are made for measures which will minimize resource impacts. These descriptions and estimates are relevant only in the context of existing design concepts. If preliminary design parameters change, an additional field investigation may be necessary. 1.3 Terminology and Definitions For the purposes of this document, the following terms are used concerning the limits of natural resources investigated. Project study area denotes the area bounded by the proposed right-of-way limits. Project vicinity describes an area extending 0.8 km (0.5 mi) on all sides of the project study area. Project region is equivalent to an area represented by a 7.5 minute USGS quadrangle map [163.3 sq km (61.8 sq mi)], with the project as the center point. 1.4 Methodology Prior to the site visit, published resource information pertaining to the project study area was gathered and reviewed. Information sources include; U.S. Geological Survey (USGS) quadrangle maps (Anderson), NCDOT aerial photographs of project study area (1:1200), Fish and Wildlife Service (USFWS) list of protected species and N.C. Natural Heritage Program (NCNHP) database of uncommon and protected species and unique habitats. A field survey for the project was conducted on November 12,1998 by NCDOT Natural Systems Specialists Chris Rivenbark, Logan Williams, and Tim Savidge. Plant communities were identified and recorded. Wildlife was identified using a number of observation techniques, including habitat evaluation, active searching and recording identifying signs of wildlife (sounds, tracks and burrows). 2.0 PHYSICAL RESOURCES Water and soil resources, which occur in the study area, are discussed below. The availability of water and soils directly influence composition and distribution of flora and fauna in any biotic community. 2.1 Water Resources Field surveys revealed that two surface waters are located within the project study area. The Division of Water Quality (DWQ) has assigned index numbers for streams and tributaries in North Carolina. Both streams lie in the Roanoke River Basin. Table 1. Water Resources Located Within the Project study area. Name DWQ Index No. Classification Date South Country Line Creek 22-56-7-(2) B 7/1/73 Penson Creek 22-56-7-4-(2) B 7/1/73 Note: "B" denotes Class B - freshwaters protected for primary recreation which includes swimming on a frequent or organized basis and all Class C uses. Class C refers to waters suitable for aquatic life propagation and survival, fishing, wildlife, secondary recreation, and agriculture. At the time of the field visit, neither South Country Line Creek nor Penson Creek had water in the channel. Isolated puddles approximately 5.1 cm (2.0 in) deep and 1.2 m -1.5 m (4.0 ft-5.0 ft) wide were scattered in the stream bed of Penson Creek. Penson Creek had an average channel width of approximately 4.6 m (15.0 ft). South Country Line Creek had an average channel width of approximately 6.1 m (20 ft). The substrate consisted of sand, silt, and cobble for both streams. Point sources refers to discharges that enter surface water through a pipe, ditch, or other defined points of discharge. The term most commonly refers to discharges associated with wastewater treatment plants. Point source dischargers located throughout North Carolina are permitted through the National Pollutant Discharge Elimination System (NPDES) program. Any discharger is required to register for a permit. There are no permitted dischargers located within1.6 km (1.0 mi) upstream of the project study area. Non-point source refers to runoff that enters surface waters through stormwater flow or no defined point of discharge. There are many types of land use activities that can serve as sources of nonpoint source pollution including land development, construction, crop production, animal feeding lots, failing septic systems, landfills, roads, and parking lots. Sediment and nutrients are major pollution-causing substances associated with nonpoint source pollution. Others include fecal coliform 2 bacteria, heavy metals, oil and grease, and any other substance that may be washed off the ground or removed from the atmosphere and carried into surface waters The DWQ has initiated a whole basin approach to water quality management for the 17 river basins within the state. To accomplish this goal the DWQ collects biological, chemical and physical data that can be used in basinwide assessment and planning. All basins are reassessed every five years. Prior to the implementation of the basinwide approach to water quality management, the Benthic Macroinverteb rate Ambient Network (managed by the DEM) assessed water quality by sampling for benthic macroinvertebrate organisms at fixed monitoring sites throughout the state. The Benthic Macroinvertebrate Ambient Network (BMAN) is managed by DWQ and is part of an ongoing ambient water quality monitoring program which addresses long term trends in water quality. The program assesses water quality by sampling for selected benthic macroinvertebrate organisms at fixed monitoring sites. Some macroinvertebrates are sensitive to very subtle changes in water quality; thus, the species richness and overall biomass of these organisms are reflections of water quality. There are no BMAN sites within the project vicinity. 2.2 Soils and Topography A Natural Resource Conservation Service Soil Survey has not been completed for Caswell County. A general description of the soils that are present in the project study area was provided by the Caswell County Natural Resource Conservation Office. Both Enon and Mecklenburg soils found within the project form on broad and narrow ridges and side slopes (see Table 2). Table 2. Soils occurring in the project study area. Map Unit Mapping Unit Symbol Permeability Slope (%) Drainage Hydric Class EnB Enon slowly 2-8 well non-hydric permeable drained MkB Mecklenburg slowly 2-8 well non-hydric permeable drained Caswell County is located in the uppermost center of the Piedmont physiographic region of the state. The elevation at the project study area ranges from approximately 140.2 m - 146.3 m (460.0 ft - 480.0 ft) above mean sea level. 3.0 BIOTIC RESOURCES This section describes the ecosystems encountered and the relationships between vegetative and faunal components within terrestrial, and aquatic ecosystems. 3 4 Descriptions of the terrestrial systems are presented in the context of plant community classifications (Schafale and Weakley, 1990). Representative animal species which are likely to occur in these habitats are cited. Animals observed during the site visit are denoted by an asterisk (*) in the text. Sightings of spoor evidence are equated with sightings of individuals. Scientific nomenclature and common names (when applicable) are used for plant and animal species described. Subsequent references to the same organism will include the common name only. 3.1 Terrestrial Communities Two terrestrial communities, maintained roadside and riparian fringe, exist within the project study area for both bridges, and will be impacted by the subject project. The maintained roadside community consists of the highly maintained shoulders and some less intensively managed areas that grade into the surrounding natural communities. Significant soil disturbance and compaction, along with frequent mowing or herbicide application, keep this community in an early successional state. Dominant plants in the heavily maintained portions of the roadside community include fescue (Festuca sp.), wild onion (Allium canadense), and plantain (Plantago sp.). The riparian edge community included herb and vine species such as Japanese honeysuckle (Lonicera japonica), goldenrod (Solidago sp.), Japanese grass (Microstegium vimineum), seedbox (Ludwigia alternifolia), river oats (Chasmanthium latifolium), sedge (Cyperus strigosus), bulrush (Scirpus cyperis), green coneflower (Rudbeckia laciniata), wild rye grass (Elymus virginicus), dog fennel (Eupatorium capillifolium), pokeweed (Phytolacca americana), rabbit tobacco (Gnaphalium obtusifolium), and Christmas fern (Polystichum acrostichoides). Trees found in these areas include tulip poplar (Liriodendron tulipifera), elderberry (Sambucus canadensis), black willow (Salix nigra), rose (Rosa multiflora), and sycamore (Platanus occidentalis). Wildlife found in these communities is limited and consists primarily of wide-ranging, adaptable species which are well suited to coexist with human development. Mammals common to disturbed edge areas, such as eastern cottontail rabbit (Sylvilagus floridanus), raccoon (Procyon lotor), white-tailed deer* (Odocoileus virginianus), and gray squirrel (Sciurus carolinensis) may inhabit forested fringes. The most common reptiles found in such habitats are eastern box turtle (Terrapene carolina) and predators such as black racer (Coluber constrictor), and eastern garter snake (Thamnophis sirtalis). Birds likely to frequent such habitats include Carolina wren*(Thryothorus ludovicianus), white-throated sparrow* (Zonotrichia albicollis), common crow (Corvus 4 r, brachyrhynchos), American robin (Turdus migratorius), Carolina chickadee* (Parus carolinenis), mourning dove (Zenaida macroura), and European starling (Sturnus vulgaris). Freshwater fishes likely to be found in creeks such as Penson Creek and South Country Creek may include bluehead chub (Hybopsis leptocephala), cresent shiner (Notopis cerasinus), and creek chub (Semotilus atromaculatus). 3.2 Summary of Anticipated Impacts Construction of the proposed project will have various impacts on the biotic resources described. This section quantifies and qualifies potential impacts to the natural communities within the project study area in terms of the area impacted and the organisms affected. 3.2.1 Anticipated Impacts to Terrestrial Communities Impacts to terrestrial communities will result from project construction due to the clearing and paving of portions of the project study area, and thus the loss of community area. Calculated quantitative impacts to terrestrial communities reflect the relative abundance of each community present in the study area (Table 3). Estimated impacts are derived based on the project length of 97.5 m (320.0 ft) for each bridge. The entire right-of-way 18.3 m (60.0 ft) was used for this calculation. Since the entire right-of-way will probably not be impacted, actual impacts to the communities may be considerably less. Table 3. Estimated terrestrial impacts to communities. Community type Bridge No. 103 Bridge No. 71 Maintained roadside 0.033 ha (0.083 ac) 0.045 ha (0.11 ac) Riparian fringe 0.145 ha (0.358 ac) 0.134 ha (0.331 ac) Total each bridge 0.178 ha (0.441 ac) 0.178 ha (0.441 ac) Total (both bridges) 0.356 ha (0.882 ac) Flora and fauna occurring in these communities are generally common throughout North Carolina because of their adaptability to wide ranging environmental factors. Moreover, a similar roadside shoulder community will be re-established after construction. Animals temporarily displaced by construction activities should repopulate areas suitable for the species following project completion. As a result, it is unlikely that existing species will be displaced significantly from the project study area following construction. However, to minimize the temporary effects of project construction, all cleared areas along the roadways should be revegetated promptly after project completion to minimize erosion and the loss of wildlife habitat. 3.2.2 Anticipated Impacts to Water Resources No waters classified as High Quality Waters (HQW), Outstanding Resource Waters (ORW), or Water Supplies (WS-I or WS-11) occur within 1.6 km (1.0 mi) of 5 project study area. However impacts will occur to both Penson Creek and South Country Creek. Estimated impacts are calculated by using the width of the stream channel of Penson Creek and South Country Line Creek [6.1 m (20 ft), 4.6 m (15.0 ft) respectively] and the entire right-of-way 18.3 m (60.0 ft) (see Table 4). The entire right-of-way will probably not be impacted, therefore actual impacts to the stream may be considerably less. Table 4. Estimated Impacts to Water Resources. Name Linear Area Penson Creek 18.3 m (60.0 ft) 0.008 ha (0.021 ac) South Country Line Creek 18.3 m (60.0 ft) 0.011 ha (0.028 ac) Aquatic communities are sensitive to any changes in the environment. Any action that affects water quality can have an adverse impact on aquatic organisms. Although most of the disturbance caused by project construction will be temporary, some environmental impacts caused by the proposed project will be long term or irreversible. Installation or modification of instream structures, such as replacement or extension of culverts, can permanently affect many physical stream parameters. Project construction may result in the following impacts to surface waters: - Increased silt loading and sedimentation from erosion of disturbed soils. Changes in light incidence, water clarity and water temperature due to increased sediment load and riparian vegetation removal. - Alteration of stream discharge due to silt loading and changes in surface or ground water drainage patterns. Increased potential for release of toxic compounds such as fuel and oil from construction equipment and other vehicles. Precautions must be taken to minimize these and other impacts to water resources in the study area. NCDOT's Best Management Practices (BMP) for the Protection of Surface Waters must be strictly enforced throughout the construction stage of the project. 4.0 JURISDICTIONAL TOPICS This section provides inventories and impact analyses pertinent to two significant regulatory issues: Waters of the United States and rare and protected species. These issues retain particular significance because of federal and state mandates which regulate their protection. This section deals specifically with the impact analyses required to satisfy regulatory authority prior to project construction. 6 0 4.1 Waters of the United States Surface waters and wetlands fall under the broad category of "Waters of the United States," as defined in Section 33 of the Code of Federal Register (CRF) Part 328.3. Any action that proposes to dredge or place fill material into surface waters or wetlands falls under the jurisdiction of the U.S. Army Corps of Engineers (COE) under Section 404 of the Clean Water Act (33 U.S.C. 1344). Surface waters are waters used in interstate or foreign commerce, waters subject to the ebb and flow of tides, all interstate waters including interstate wetlands, and all other waters such as intrastate lakes, rivers, and streams. Surface waters include all standing or flowing waters which have commercial or recreational value to the public. No jurisdictional wetlands are located within the project study area. However surface waters are present in the project study area. 4.1.1 Permits Impacts to jurisdictional surface waters are anticipated from the proposed project. As a result, construction activities will require permits and certifications from various regulatory agencies in charge of protecting the water quality of public waters resources. A Nationwide Permit 23 CFR 330 Appendix A (B) (23) is likely to be applicable for the crossing of Laurel Creek. This permit authorizes construction provided the following conditions are met: • the width of the fill is limited to the minimum necessary for the actual crossing; • the fill place in Waters of the United States is limited to a filled area of no more than 0.45 ha ( 1.0 ac); • no more than a total of 45.7 m (150 linear ft) of the fill for the roadway can occur in special aquatic sites, including wetlands; • the crossing is culverted, bridged or otherwise designed to prevent the restriction of, and to withstand, expected high flows and tidal flows and movement of aquatic organisms, and; • the crossing, including all attendant features, both temporary and permanent, is part of a single and complete project for crossing of Waters of the United States. This project will also require a 401 Water Quality Certification from the DWQ prior to the issuance of the Nationwide Permit. Section 401 of the Clean Water Act requires that the state issue or deny water certification for any federally permitted or licensed activity that may result in a discharge to Waters of the United States. Section 401 Certification allows surface waters to be temporarily impacted for the duration of the construction or other land manipulation. The issuance of a 401 permit from the DWQ is a prerequisite to issuance of a Section 404 permit. k 7 4 4.2 Federally Protected Species Some populations of fauna and flora have been in, or are in, the process of decline either due to natural forces or their inability to coexist with human activities. Federal law (under the provisions of the Endangered Species Act of 1973, as amended) requires that any action, likely to adversely affect a species classified as federally protected, be subject to review by the Fish and Wildlife Service (FWS). Plants and animals with federal classifications of Endangered (E), Threatened (T), Proposed Endangered (PE) and Proposed Threatened (PT) are protected under provisions of Section 7 and Section 9 of the Endangered Species Act of 1973, as amended. An endangered species is considered to be a species that is in danger of becoming extinct throughout all or a significant portion of its range. A threatened species is considered to be a species that is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range. As of 14 May 1998, the U.S. Fish and Wildlife Service (FWS) does not list any federally protected species for Caswell County. Therefore, this project will not impact any federally protected species. 4.3 Federal Species of Concern and State Listed Species There are two Federal Species of Concern (FSC) listed for Burke County. Federal Species of Concern are not afforded federal protection under the ESA and are not subject to any of its provisions, including Section 7, until they are formally proposed or listed as Threatened or Endangered. Federal Species of Concern are defined as those species which may or may not be listed in the future. These species were formally candidate species, or species under consideration for listing for which there was insufficient information to support a listing of Endangered, Threatened, Proposed Endangered and Proposed Threatened. Organisms which are listed as Endangered (E), Threatened (T), Significantly Rare (SR) or Special Concern (SC) by the North Carolina Natural Heritage Program (NCNHP) list of rare plant and animal species are afforded state protection under the State Endangered Species Act and the North Carolina Plant Protection and Conservation Act of 1979. However the level of protection given to state listed species does not apply to NCDOT activities. Table 5 lists Federal Species of Concern, the species state status and the existence of suitable habitat for each species in the study area. This species list is provided for information purposes as the status of these species may be upgraded in the future. 8 Table 5. Federal Species of Concern for Caswell County. Scientific Name Common Name Habitat Status Isoetes virginica Virginia quillwort No C Lotus helleri Heller's trefoil Yes C Note: "C" denotes Candidate (a species which is very rare in North Carolina, generally with 1-20 populations in the state, generally substantially reduced in numbers by habitat destruction. If these species are relocated in the state, or if present land use trends continue, they are likely to be listed as Endangered or Threatened). Surveys for these species were not conducted during the site visit. A review of the N.C. Natural Heritage Program data base of the rare species and unique habitats on January 12, 1999 did not reveal any records of North Carolina rare and/or protected species in or near the project study area. 9 r 5.0 REFERENCES Amoroso, J.L. 1997. Natural Heritage Program list of the rare plant species of North Carolina. North Carolina Natural Heritage Program, Division of Parks and Recreation, NCDEHNR. Fish, F.F. 1969. A Catalog of the Inland Fishing Waters of North Carolina. North Carolina Wildlife Resources Commision. The Graphic Press, Inc. LeGrand, Jr., H.E. and S.P. Hall. 1997. Natural Heritage Program list of the rare animal species of North Carolina. North Carolina Natural Heritage Program, Division of Parks and Recreation, NCDEHNR. Martof, B.S., W.M. Palmer, J.R. Bailey, and J.R. Harrison III. 1980. Amphibians and Reptiles of the Carolinas and Virginia. Chapel Hill, The University of North Carolina Press. Pennak, R.W. 1989. Fresh-water Invertebrates of the United States, 3rd ed. John Wiley and Sons, Inc. Potter, E.F., J.F. Parnell and R.P. Teulings. 1980. Birds of the Carolinas. Chapel Hill, The University of North Carolina Press. Radford, A. E., H.E. Ahles and G.R. Bell. 1968. Manual of the Vascular Flora of the Carolinas. Chapel Hill, The University of North Carolina Press. Rohde, F.C., R.G. Arndt, D.G. Lindquist, and J.F. Parnell. 1994. Freshwater Fishes of the Carolinas, Virginia, Maryland, and Delaware. The University of North Carolina Press, Chapel Hill and London. Schafale, M.P. and A.S. Weakley. 1990. Classification of the Natural Communities of North Carolina. Third Approximation. North Carolina Natural Heritage Program, Division of Parks and Recreation, NCDEHNR. U.S. Fish and Wildlife Service. 1997. Endangered, Threatened, and Candidate Species and Federal Species of Concern in North Carolina Webster, W.D., J.F. Parnell and W.C. Biggs, Jr. 1985. Mammals of the Carolinas, Virginia, and Maryland. Chapel Hill, The University of North Carolina Press. Chapel Hill and London. 10