HomeMy WebLinkAbout20001180 Ver 1_Complete File_20000912State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
Bill Ross, Secretary
Kerr T. Stevens, Director
Mr. William D. Gilmore, P.E., Manager
Planning and Environmental Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina, 27699-1548
AVAMW%
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
March 12, 2001
DWQ No. 001180
Edgecombe County
Re: Edgecombe County, Replacement of Bridge No. 61 over Buck Swamp on SR 1226,
Federal Aid Project No. MABRZ-1226(1), State Project No. 8.2290701; TIP B-2966.
Buck Swamp [28-73; C NSW]
APPROVAL of Tar-Pamlico Buffer Rules AUTHORIZATION CERTIFICATE with ADDITIONAL
CONDITIONS
Dear Mr. Gilmore,
You have our approval, in accordance with the attached conditions, to impact 0.13 acres (0.08 acres in Zone 1
and 0.05 acres in Zone 2) of protected riparian buffers for the purpose of replacing Bridge Number 61 over
Buck Swamp on SR 1226. The project shall be constructed according to your application dated September 8,
2000 and any conditions listed below. This approval shall act as your Authorization Certificate as required
within the Tar-Pamlico River Riparian Area Protection Rules (15A NCAC 2B .0259). In addition, you should
get any other required federal, state or local permits before you go ahead with your project including (but not
limited to) Sediment and Erosion Control.
This approval is only valid for the purpose and design that you described in your application dated September
8, 2000. If you change your project, you must notify us and you may be required to send us a new application.
If the property is sold, the new owner must be given a copy of this authorization and approval letter and is
thereby responsible for complying with all conditions. For this approval to be valid, you must follow the
conditions listed below.
? _Stormwater.shall be directed to sheetflow_at nonerosive velocities through the protected stream buffers..
? No equipment shall be allowed to impact any protected buffer other then areas identified in your
application dated September 8, 2000.
If you do not accept any of the conditions of this authorization, you may ask for an adjudicatory hearing. You
must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition,
which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative
Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This authorization and its conditions are final and
binding unless you ask for a hearing.
Non-Discharge Branch Wetlands/401 Unit 1621 Mail Service Center Raleigh, North Carolina 27669-1621
Telephone 919-733-1786 FAX # 733-9959
An Equal Opportunity Affirmative Action Employer 50% recycled/l0% post consumer paper
Page 2 of 2
This letter completes the review of the Division of Water Quality under the "No Practical Alternatives"
determination required in 15A NCAC 2B .0259(8). If you have any questions, please contact John Hennessy
at 919-733-5694.
Sincerely,
RK. S 4te!)
Cc: Mike Bell, US Army Corps of Engineers
Deborah Sawyer, DWQ Raleigh Regional Office
File Copy
Central Files
C:\ncdot\B-2966\wqc\buffer authorization.doc
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STATE OF NORTH CAROLINA
10o , 1 8
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT JR.
GoVERNOR
DAVID MCCOY
SECRETARY
September 8, 2000
U. S. Army Corps of Engineers
Raleigh Regulatory Field Office
6508 Falls of Neuse Road, Suite 120
Raleigh, North Carolina 27615
Attention: Mr. Eric Alsmeyer
NCDOT Coordinator
Subject: Edgecombe County, SR 1226, Replace Bridge No. 61 over Buck Swamp;
Federal Aid Project No. MABRZ-1226(1); State Project No. 8.2290701;
TIP No. B-2966.
Dear Sir:
The North Carolina Department of Transportation (NCODT) requests
authorization from the U. S. Army Corps of Engineers (USACE) under a Section 404
Nationwide Permit 23 to replace Bridge No. 61 over Buck Swamp on SR 1226. The
NCDOT also asks for authorization under Section 404 Nationwide Permit 33 to construct
the project in order to account for potential temporary impacts resulting from bridge
demolition.
The project involves replacing Bridge No. 61 over Buck Swamp on existing
location with a double box culvert. Minimal approach work will be necessary. Traffic
will be maintained utilizing an off-site detour.
The project has been described in a Categorical Exclusion (CE) Action
Classification Form signed by NCDOT on March 17, 1997. A natural resource
investigation was conducted by NCDOT in February 1997. Both of these documents are
attached to this letter.
The project is being processed by the Federal Highway Administration as a
programmatic CE in accordance with 23 CFR 771.115(b). Therefore, the NCDOT does
not anticipate requesting a Section 404 Individual Permit but proposes to proceed under a
Section 404 Nationwide Permit 23 in accordance with 61 Federal Register 65874, 65916,
issued December 13, 1996.
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: WWW.DOH.DOT. STATE.NC.US RALEIGH, NC
6, 4
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The proposed project will require 0.05 acre of impact to wetlands (0.01 acre fill
and 0.036 acre of mechanized clearing, method III), 0.05 acre of impact to surface waters,
and 83 feet of impact to existing stream channel. Sites 3, 4 and 7 relate to culvert
installation. A set of permit drawings for the project is attached to this letter.
In regard to Neuse Buffer Rules, there will be 0.08 acre of impact to Zone 1 and
0.05 acre of impact to Zone 2. A drawing depicting these areas is included with the
permit drawing.
Bridge No. 61 over Buck Swamp has three spans totaling 53 feet in length. The
superstructure is composed of a concrete floor on timber joists. The substructure is
composed entirely of timber. There is potential for components of the superstructure to
be dropped into Waters of the United States. The resulting potential temporary fill
associated with this bridge is 21 cubic yards.
In summary, the proposed bridge replacement project will result in 0.05 acre of
impact to wetlands (0.01 acre fill and 0.036 acre of mechanized clearing, method III),
0.05 acre of impact to surface waters, and 83 feet of impact to existing stream channel.
NCDOT requests that USACE authorize the proposed project under a Section 404
Nationwide Permit 23. NCDOT also ask for authorization under a Section 404
Nationwide Permit 33 for temporary impacts to waters that may result from bridge
demolition.
Written notification is provided to the N. C. Division of Water Quality (NCDWQ)
for this project per 401 Water Quality Certification (WQC) General Certification under
Section 404 Nationwide Permit 23. Notification is not required for 401 WQC General
Certification for Section 404 Nationwide Permit 23. NCDOT also requests written
authorization from NCDWQ for impacts to Neuse River Buffer areas.
If you have any questions or need any additional information concerning this
project, please contact Mr. Phillip Todd of my staff at (919) 733-7844, extension 314.
Sincerely,
W. D. Gilmore, P. E., Manager
Project Development and Environmental Analysis Branch
WDG/pct
Section 404 Permit Application September 8, 2000
TIP No. B-2966 Page 2 of 3
a
cc: Mr. David Franklin, USACE, Wilmington
Mr. John Dorney, NCDWQ, Raleigh
Mr. Tom McCartney, USFWS, Raleigh
Mr. David Cox, NCWRC, Northside
Mr. Tim Rountree, P. E., Structure Design
Mr. Calvin Leggett, P. E., Program Development
Ms. Debbie Barbour, P. E., Highway Design
Mr. Dave Henderson, P. E., Hydraulics Unit
Mr. John Alford, P. E., Roadway Design
Mr. Randy Wise, P. E., Roadside Environmental
Mr. D. R Dupree, P. E., Division 4 Engineer
Section 404 Permit Application
TIP No. B-2966
September 8, 2000
Page 2 of 3
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0®71180)
CATEGORICAL EXCLUSION ACTION CLASSIFICATION FORM
TIP Project No.: B-2966
State Project No. 8.2290701
Federal-Aid Project No.: MABRZ-1226(l)
A. Project Description :
NCDOT will replace Bridge No. 61 on SR 1226 over Buck Swamp in Edgecombe
County. The bridge will be replaced with a double barreled reinforced concrete box
culvert at the existing location. Each barrel will measure 2.7 meters (9 feet) by 2.1 meters
(7 feet). The new approach roadway will be a 6.6 meter (22 foot) travelway with shoulder
widths of at least 1.2 meters (4 feet). Traffic will be detoured on existing secondary roads
during construction.
B. P=ose and Need:
Bridge No. 61 has a sufficiency rating of 52.7 out of 100, due to recent
reinforcement of the substructure. The deck of Bridge No. 61 is only 7.3 meters (24 feet)
wide. The bridge is posted at 18 tons for single vehicles and 27 tons for truck-tractor
semi-trailers. For these reasons Bridge No. 61 needs to be replaced.
C: Proposed Improvements:
Circle one or more of the following improvements which apply to the project:
Type II Improvements
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 driveways pipes
h. Performing minor bridge widening ( less than one through lane)
10. Construction of bus transfer facilities (an open area consisting of passenger
shelters, boarding areas, kiosks and related street improvements ) when located in
a commercial area or other high activity center in which there is adequate street
capacity for projected bus traffic.
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.
D.
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 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.
Environmental Commitments:
1. All standard measures will be implemented to avoid or minimize environmental
impacts.
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 Environmental Management (DEM) Section 401
Water Quality General Certification will be obtained prior to issue of the Corps of
Engineers Nationwide Permit # 23.
Estimated Costs:
Construction
Right of Way
Total
Estimated Traffic:
Current
Year 2018
$ 200,000
$ 58.000
$ 258,000
600 VPD
1100 VPD
3
(7) Does the project involve waters classified as Outstanding Water ?
Resources (OWR) 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? F-1 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)? 7 X
(11) Does the project involve Coastal Barrier Resources Act resources? F-1 X
(12) Will a U. S. Coast Guard permit be required? 0 X
(13) Will the project result in the modification of any existing
regulatory floodway? F X
(14) Will the project require any stream relocations or channel
changes? ? X
SOCIAL AND ECONOMIC YES NO
(15) Will the project induce substantial impacts to planned growth or ? X
land use for the area?
(16) Will the project require the relocation of any family or business? X
(17) If the project involves the acquisition of right of way, is the
amount of right of way acquisition considered minor? X F-1
(18) Will the project involve any changes in access control? 1:1 X
5
G. CE Approval
TIP Project No.: _B-2966
State Project No. 8..2290701
Federal-Aid Project No.: MABRZ-1226(1)
NCDOT will replace Bridge No. 61 on SR 1226 over Buck Swamp in Edgecombe
County. The bridge will be replaced with a double barreled reinforced concrete box
culvert at the existing location. Each barrel will measure 2.7 meters (9 feet) by 2.1 meters
(7 feet). The new approach roadway will be a 6.6 meter (22 foot) travelway with shoulder
widths of at least 1.2 meters (4 feet). Traffic will be detoured on existing secondary roads
during construction.
Categorical Exclusion Action Classification: (Check one)
_X_ TYPE II (A)
TYPE II (B)
Approved:
Date Assistant Manager /
Planning & Environmental Branch
3 -17-7 7
Date Proje t Planning Unit Head
Date Project Planning Engineer
I
For Type II
(B) projects only: ts?I
Date Division Administrator
Federal Highway Administration
7
Studied Detour Route.
4t4?OF "?po, North Carolina Department of
Transportation
Division of Highways
Planning & Environmental Branch
Edgecombe County
Replace Bridge No. 61 on SR 1226
Over Buck Swamp
B-2966
Figure One
ice. / / , 6 /- 7-
F. 1 w . P' nn
VWr`NN'.
North Carolina Department of Cultural Resources
James B. Hunt Jr., Governor Division of Archives and History
Betty Ray McCain, Secretary Jeffrey J. Crow, Director
September 30, 1996
Nicholas L. Graf
Division Administrator
Federal Highway Administration
Department of Transportation
310 New Bern Avenue
Raleigh, N.C. 27601-1442
Re: Replace Bridge 61 on SR 1226 over Buck
Swamp, Edgecombe County, B-2966, ER 97-
7243
Dear Mr. Graf:
We regret staff was unable to attend the scoping meeting for the above project on
September 5, 1996. However, Debbie Bevin met with Bill Goodwin of the North
Carolina Department of Transportation (NCDOT) on September 20, 1996, to
discuss the project and view the project photographs and aerial.
Based upon our review of the photographs and the information discussed at the
meeting, we offer our preliminary comments regarding this project.
In terms of historic architectural resources, we are aware of no historic structures
located within the area of potential effect. We recommend that no historic
architectural survey be conducted for-this project.
There are no known archaeological sites within the proposed project area. Based
on our present knowledge of the area, it is unlikely that any archaeological
resources which may be eligible for inclusion in the National Register of Historic
Places will be affected by the project construction. We, therefore, recommend that
no archaeological investigation be conducted in connection with this project.
Having provided this information, we look forward to receipt of either a Categorical
Exclusion or Environmental Assessment which indicates how NCDOT addressed our
comments.
The above comments are made pursuant to Section 106 of the National Historic
Preservation Act of 1966 and the Advisory Council on Historic Preservation's
Regulations for Compliance with Section 106, codified at 36 CFR Part 800.
109 East Jones Street - Raleigh, North Carolina 27601-2807 g??
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT JR.
GOVERNOR
P.O. BOX 25201. RALEIGH. N.C. 27611-5201
14 March 1997
MEMORANDUM TO
FROM:
Wilson Stroud, Unit Head
Project Planning Unit
GARLAND B. GARRETT JR.
SECRETARY
Lindsey Riddick, Environmental Biologist 41?
Environmental Unit
SUBJECT: Natural Resources Technical Report for the proposed
replacement of bridge No. 61 on SR 1226
over Buck Swamp, Edgecombe County. TIP No. B-
2966, State Project No. 8.2290701, Federal Aid
Project No. MABRZ-1226 (1).
ATTENTION: Bill Goodwin, P.E., Project Manager
Project Planning Unit
The following report is submitted to assist in the preparation of a
Programmatic Categorical Exclusion for the proposed project. This report
contains information concerning water resources, biotic resources, Waters of the
United States, permit requirements and federally protected species within the
project area. The information contained in this report is relevant only in the
context of existing preliminary design concepts. If design parameters and
criteria change, additional field investigations may need to be conducted.
The proposed project involves replacing the existing bridge on existing
location with minimum approach work. Project length is approxiamately 108 m
(350 ft) with a right-of-way of 18 m (60 ft). Traffic will be detoured off site.
METHODOLOGY
General field studies were conducted along the proposed project area by
NCDOT biologists Lindsey Riddick and Dale Suiter on 19 February 1997. Plant
communities and their associated wildlife were identified and recorded. Wildlife
identification involved using one or more of the following observation techniques:
9
active searching and capture, visual observations (binoculars), identifying
characteristic signs of wildlife (sounds, scat, tracks and burrows). Faunal
species observed during the site visit are denoted with an asterisk (*). Terrestrial
community classifications generally follow Schafale and Weakley (1990) where
possible, and plant taxonomy follows Radford, et al. (1968). Animal taxonomy
follows Martof, et al. (1980), Menhenick (1991), Potter, et al. (1980), and
Webster, et al. (1985). Wetland classifications follow Cowardin et. al. (1979).
Predictions regarding wildlife community composition involved general
qualitative habitat assessment based on existing vegetative communities.
Jurisdictional wetland determinations were performed using delineation criteria
prescribed in the "Corps of Engineers Wetland Delineation Manual"
(Environmental Laboratory, 1987). Information concerning federal and state
protected species in the study area was gathered from the North Carolina
Natural Heritage Program (NCNHP) database of rare species and unique
habitats along with the U.S. Fish and Wildlife Service (FWS) list of protected
species and species of concern.
WATER RESOURCES
Water resources occur in the project area. These resources are in the
form of Buck Swamp, a coastal plain perennial stream. Buck Swamp lies in the
Tar-Pamlico River drainage basin. Buck Swamp is a direct tributary to the Tar
River. Bridge No. 61 on SR 1226 crosses Buck Swamp approximately .86 mi
(1.4 km) upstream of its confluence with the Tar River. In the project area Buck
Swamp is approximately 12-15 ft (4-5 m) wide with a muddy substrate and some
areas >3-4 ft (1 m) deep. Buck Swamp is a brownwater system with extensive
straining by tanins. Streams have been assigned a best usage classification by
the Division of Water Quality (DWQ), formerly the Division of Environmental
Management. The best usage classification for Buck Swamp (DWQ Index No.
28-73) is C NSW. Class C refers to waters suitable for aquatic life propagation
and survival, fishing, wildlife, secondary recreation and agriculture. NSW
(Nutrient Sensitive Waters) refers to waters which require limitations on nutrient
inputs. No High Quality Waters or Outstanding Resouce Waters exist in the
project area. NCDOT's Best Management Practices for the Protection of
Surface Waters should be strictly enforced during the construction phase of the
project. This would include:
1) installation of temporary silt fences to control runoff during construction
2) placement of temporary ground cover or re-seeding of disturbed sites
to reduce runoff and decrease sediment loading
3) reduction of clearing along streams
In addition, the project area lies within the coastal plain as defined by the
"fall line". Anadromous fish species such as alewife (Alosa pseudoharengus)
and blueback herring (A/osa aestivalis), collectively known as river herring,
gizzard shad (Dorosoma cepedianum) and American shad (A/osa sapidissama)
migrate inland from coastal estuaries to smaller freshwater rivers and streams to
spawn. Interuptions or barriers to these migrations could have a detrimental
effect on anodromous fish stocks and should be avoided. Therefore, stream
crossing guidelines for anadromous.fish passage should be implemented (SEE
APENDIX 1).
Terrestrial Communities
There are two types of terrestrial communities currently existing in the
project area, cypress-gum swamp and maintained/disturbed.
Cypress-Gum Forest
Dominant canopy tree species noted were red maple (Acer rubrum), bald
cypress (Taxodium distichum), green ash (Fraxinus pennsylvanica), tulip poplar
(Liriodendron tulipifera), and black gum (Nyssa biflora). Understory vegetation is
composed mostly saplings of the canopy species mentioned above as well as
american holly (Ilex opaca) and titi (Cyrilla racemiflora). The shrub and herb
layer is relatively undeveloped, but does contain greenbriar (Smilax laurifolia),
giant cane (Arundinaria gigantea), netted chain fern (Woodwardia aereolata),
and false nettle (Boehmeria cylindrica).
Wildlife species that may be found in such areas generally use this
habitat for shelter and foraging, but may also utilize the maintained/distubed
areas to forage and as a travel corridor. Therfore, many of the species found in
this habitat also have the potential to utilize the maintained/distuded community.
Mammalian species likely to occur include raccoon (Procyon lotor), gray squirrel
(Sciurus carolinensis), whitetail deer (Odecoileous virginiana), hispid cotton rat
(Sigmodon hispidus), and Virginia oppossum (Didelphis virginiana). Avian
species likely to be found in this community include Carolina chickadee (Parus
carolinensis), mourning dove (Zenaida macrroura), common grackle (Quiscalas
quicula), European starling (Sturnus vulgaris), and common crow (Corvus
brachyrhynchos). Reptiles likely to be found in these areas include snapping
turtle (Chelydra serpentina), black rat snake (Elaphe obso/eta), and redbelly
water snake (Nerodia erythrogaster).
Maintained Disturbed
Maintained roadside shoulder community is also present in the project
area. This community is found between the paved travelway and adjacent
vegetative communities. Soil disturbance and compaction, along with frequent
mowing and/or herbicide application, keep this community in an early
successional stage. As a result, the vegetation in this community is
predominantly grasses and herbs. These areas cover the majority of the area
where construction will take place.
Plant species that are common to maintained roadside communities are
fescue (Festuca spp.), wild onion (Allium canadense), broomsedge (Andropogon
virginica), goldenrod (Solidago spp.), privet (Ligustrum sinense), Carolina
geranium (Geranium carolinianum), wild carrot (Daucus carota), ground cherry
(Physalis virginiana), dog fennel (Eupatorium capillifolium), and giant cane
(Arundinaria gigantea).
Wildlife resources in this community are limited by early successional
habitats that occur on regularly maintained or recently disturbed or landscapes.
Having been subjected to some type and degree of disturbance in the past,
many species found in this type of habitat are highly adaptive and have the
ability to repopulate an area quickly after disturbance. Species found in these
areas generally use the area for foraging and are highly adaptive species that
adjust well to human development. Wildlife species that are common to such
areas include raccoon, Virginia oppossum, eastern harvest mouse
(Reithrodontomys humulis), hispid cotton rat. Avian species include Carolina
chickadee, mourning dove, common grackle, and European starling.
JURISDICTIONAL TOPICS
This section provides descriptions, inventories and impact analysis
pertinent to two important issues-- Waters of the United States, and rare and
protected species.
Waters of the United States
Impacts to jurisdictional surface waters and wetlands are anticipated.
Jurisdictional surface waters are present in the form of Buck Swamp, a coastal
plain perennial stream. Impacts can be minimized with NCDOT Best
Management Practices.
. Buck Swamp is a relatively small coastal plain stream which forms a
nearly level floodplain along its banks. The slow current of this stream does not
form a levy along the stream bank and allows water to move into the floodplain
easily during periods of high flow. These areas are flooded for significant
periods of time and are jurisdictional wetlands. The wetland system in the
project area is located along both streambanks as well as upstream and
downstream of the bridge. The total area occuring inside current project limits is
.044 ha (.11 ac). The Cowardin classification for this wetland is PF01A. This
wetland type is described as palustrine, forested, broad leaved deciduous,
temporarily flooded.
In accordance with provisions of section 404 of the Clean Water Act (33
U.S.C. 1344), a permit will be required from the COE for the discharge of
dredged or fill material into "Waters of the United States."
Water Permits
Nationwide 23 Permit
A Nationwide Permit 33 CFR 330.5(x) (23) is likely to be applicable for all
impacts to Waters of the United States resulting from the proposed project. This
permit authorizes activities undertaken, assisted, authorized, regulated, funded
or financed in whole, or part, by another Federal agency or department where
that agency or department has determined the pursuant to the council on
environmental quality regulation for implementing the procedural provisions of
the National Environmental Policy Act:
(1) that the activity, work, or discharge is categorically excluded from
environmental documentation because it is included within a category of
actions which neither individually nor cumulatively have a significant
effect on the human environment, and;
(2) that the office of the Chief of Engineers has been furnished notice of the
agency' or department's application for the categorical exclusion and
concurs with that determination.
North Carolina Division of water Quality (DWQ) Section 401 Water
Quality General Certification is also required. 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 into waters of the
United States. The issuance of a 401 permit from DWQ is a prerequisite to
issuance of a Section 404 Permit.
Rare and Protected Species
Some populations of fauna and flora have been in, or are in, the process
of decline either due to natural forces or their inability to coexist with human
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). Other species may receive additional protection under separate
state laws.
Federally-Protected Species
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. As of 23 August 1996, the FWS lists two
federally-protected species for Edgecombe County (Table 1). A complete
description along with a biological conclusion for each species follows Table 1.
Table 1. Federally Protected Species for Edgecombe County.
Scientific name Common name Status
Picoides borealis red-cockaded woodpecker Endangered
Eliptio steinstansana Tar spinymussel Endangered
Picoides borealis (red-cockaded woodpecker) Endangered
Animal Family: Picidae
Date Listed: 13 October 1970
The adult red-cockaded woodpecker (RCW) has a plumage that is
entirely black and white except for small red streaks on the sides of the
nape in the male. The back of the RCW is black and white with horizontal
stripes. The breast and underside of this woodpecker are white with
streaked flanks. The RCW has a large white cheek patch surrounded by
the black cap, nape, and throat.
The RCW uses 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, lack a thick
understory, and be contiguous with other stands to be appropriate habitat
for the RCW. These birds nest exclusively in trees that are >60 years old
and are contiguous with pine stands at least 30 years of age. The
foraging range of the RCW is up to 200 hectares (500 acres). This
acreage must be contiguous with suitable nesting sites.
These woodpeckers nest exclusively in living pine trees and
usually in trees that are infected with the fungus that causes red-heart
disease. Cavities are located in colonies from 3.6-30.3 m (12-100 ft)
above the ground and average 9.1- 15.7 m (30-50 ft) high. They can be
identified by a large incrustation of running sap that surrounds the tree.
The RCW lays its eggs in April, May, and June, the eggs hatch
approximately 38 days later.
Biological Conclusion:
No Effect
No habitat as described above exists for the RCW in the project
area. The Cypress-Gum forest stands contain less than 50% pine trees
and are not contiguous to pine stands 30 years of age. In addition, a
search of the NCNHP database of rare species and unique habitats
revealed no records of RCW in the project area. Therefore, it can be
concluded that this project will not affect RCW.
Elliptio steinstansana (Tar river spiny mussel) Endangered
Animal Family: Unionidae
Date Listed: 29 July 1985
The Tar River spinymussel is endemic to the Tar River drainage
basin, from Falkland in Pitt County to Spring Hope in Nash County.
Populations of the Tar River spinymussel can be found in streams of the
Tar River Drainage Basin and of the Swift Creek Drainage Sub-Basin.
This mussel requires a stream with fast flowing, well oxygenated,
circumneutral pH water. The bottom is composed of uncompacted gravel
and coarse sand. The water needs to be relatively silt-free. It is known to
rely on a species of freshwater fish to act as an intermediate host for its
larvae.
The Tar River spinymussel is a very small mussel. This mussel is
named for its spines which project perpendicularly from the surface and
curve slightly ventrally. As many as 12 spines can be found on the shell
which is generally smooth in texture. The nacre is pinkish (anterior) and
bluish-white (posterior).
Biological Conclusion:
No Effect
Buck Swamp is a slow flowing brownwater stream with a muddy substrate.
The well oxygenated, fast flowing water with a gravel substrate required by the
Tar spinymussel does not occur in the project area. Therefore, it can be
concluded that the proposed project will not affect the Tar spinymussel.
cc: V. Charles Bruton, Ph.D., Environmental Unit Head
Hal C. Bain, Environmental Supervisor
File: B-2966
i
STREAM CROSSING GUIDELINES
FOR ANADROMOUS FISH PASSAGE
Anadromous Fish are a valuable resource and
must not'be adversely impacted. The purpose
is to provide guidance to the North Carolina
Transportation to ensure that replacement of
highway stream crossing structures will not
movement of Anadromous Fish.
Applicable When:
their migration
of this document
Department of
existing and new
imoede the
o Project is in the coastal plain defined by the
"Fall Line" as the ap rOx-i mate western limit
(see attached figure).
O For perennial and intermittent streams delineated
on USGS 7.5 minute quadrangle -maps-
General Guidelines:
0 ni-,iize i nstream activities during the spring
micration period. For the purpose of these
Guidelines "Spring" is considered as the months
of March, April, and May.
.o Bridges and other channel spanning structures
are preferred where practical.
Technical Guidelines:
o in all cases, the width, height and gradient of
the proposed opening shall be such as to pass
the average historical spring stream flow without
adversely altering stream velocities at the
crossing. (Reference, "Fisheries Handbook of
Engineering Requirements and Biological Criteria",
Beil 1973, for fish swimming limitations.)
o The invert of culverts shall be set at least one
foot below the natural stream bed.
o Crossings of perennial streams serving watersheds
greater than one square mile, having adjacent
natural banks utilized by terrestrial wildlife,
shall provide a minimum of four (4) feet of
additional opening width (measured at spring flocs
elevation) to allow for wildlife passage.
Bankfull flow can be used as a comparative level,
if low flow information is not available.
t ?•
t
o In stream footigs swill be set foot
below the natural
For crossing sites which require permit review the following
information will be provided as a minimum to facilitate
resource agency review.
o Plan and profile views showing the existing and
'proposed crossing structures in relation to the
stream bank and bed.
o Average historical spring flow (or bankfull flow)
for the site.
o How the proposed structure will affect the velocity
and stage of the spring flow (bannfull).
o Justification for any variance f-cm the guideline
recommendations.
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PhyilCal Faaturn of North Carolina 5lgnlficantly Related to Erosion and Sediment Transnnrt