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HomeMy WebLinkAbout20011531 Ver 1_Complete File_20011019t?r IaS? r J d y-? STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION ATTENTION: Mr. Eric Alsmeyer NCDOT Coordinator MICHAEL F. EASLEY GOVERNOR U.S. Army Corps of Engineers Raleigh Field Office 6508 Falls of the Neuse Road Suite 120 Raleigh, NC 27609 September 21, 20:01 9?0 0/ LYNDO TIPPETT SECRETARY 011531 SUBJECT: Davie County, Proposed Replacement of Bridge No. 11 on SR 1139 over Bear Creek. Federal Aid Project No. BRZ-1139(1), State Project No. 8.2610501, TIP No. B-3161. Dear Sir: The North Carolina Department of Transportation (NCDOT) proposes to replace Bridge No. 11 on SR 1139, over Bear Creek, in Davie County. NCDOT will replace Bridge No. 11 at approximately the same location and elevation with a two lane bridge of 135 foot length. The new bridge will accomodate a travelway of 24 feet width with 3 foot offsets on each side. The approach roadway will provide a 24 foot travelway with 8 foot grassed shoulders. Shoulder width will be increased by at least 3 feet where guardrail is warranted. Traffic will be detoured over exisiting secondary roads. Impacts to Waters of the United States The project will permanently impact 0.027 acres of jurisdictional surface waters in the construction of the new bridge. The length of existing channel impacted will be 60 linear feet with the construction of the proposed bridge. These impacts are based on Right-of- Way width, which may not all be used in construction of the proposed bridge. There were no impacts to jurisdictional wetlands inside the project limits. The existing bridge will be demolished. The existing bridge is composed of timber and steel components, with an overlaid asphalt wearing surface. The asphalt wearing surface and bridge rails will be removed prior to demolition, without dropping it into the water. The timber and steel components will also be removed in their sequence without MAILING ADDRESS: TELEPHONE: 919-733-3141 LOCATION: NC DEPARTMENT OF TRANSPORTATION FAX: 919-733-9794 TRANSPORTATION BUILDING PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 1 SOUTH WILMINGTON STREET 1548 MAIL SERVICE CENTER WEBSITE. WWW.DOH.DOT. STATE.NC.US RALEIGH NC RALEIGH NC 27699-1548 dropping these components into the water. No temporary fill in the waters is expected. During construction, Best Management Practices for Bridge Demolition and Removal will be followed. Federally-Protected Species Plants and animals with federal classifications of Endangered, Threatened, Proposed Endangered, and Proposed Threatened are protected under provisions of Section 7 and Section 9 of the Endangered Species Act of 1973, as amended. As of 22 March 2001, the Fish and Wildlife Service (F) lists one federally protected species for Davie County (Table 1). The CE (dated: S6ptember 30, 1999) rendered Biological Conclusions of "No Effect" for Michaux's''sumac after a plant by plant survey was done in the possible habitat areas. To date, habitat conditions have not changed within the study area. Additionally, a review of the NC Natural Heritage Program database of Rare and Unique Habitats on 21 August 2001 revealed that no known occurrences of Michaux's sumac occur within one mile of the project area. Therefore, the Biological Conclusions of "No Effect" remain valid for this species. Table 1. Federally-Protected Species for Davie County Common Name Scientific Name- Federal Status Biological Conclusion Michaux's Sumac Rhus michauxii E No Effect "E" denotes Endangered (a species that is in danger of extinction throughout all or a significant portion of its range). Avoidance / Minimization The following is a list of the project's jurisdictional stream avoidance/minimization activities proposed or completed by NCDOT. ¦ Aviodance: NCDOT avoided additional surface water impacts by choosing Alternate 1 over Alternate 2 and Alternate 3. Alternate 2 would have added an additonal.O1 acres and 30 linear feet of surface water impacts. The third Alternate would have increased surface water impacts by 0.027 acres and 60 linear feet. ¦ Minimization: Best Management Practices will be strictly enforced for sedimentation and erosion control for the protection of surface waters. ¦ Minimization: Best Management Practices for Bridge Demolition and Removal for the removal of the existing bridge. Project Commitments During construction, Best Management Practices for Bridge Demolition and Removal will be followed. l' Summary Proposed project activities are being processed by the Federal Highway Administration as a programmatic "Categorical Exclusion" in accordance with 23 CFR § 771.115(b). The NCDOT requests that these activities be authorized by a Nationwide Permit 23 (61 FR 65874, 65916; December 13, 1996). Written notification is not required from DWQ for 401 WQC General Certification for Section 404 Nationwide Permit 23. However, NCDOT will adhere to all conditions of the general certfication for Section 404 NWP 23. Thank you for your assistance with this project. If you have any questions or need additional information, please contact Mr. Jared Gray at (919) 733-7844 ext. 331. Sincerely, William D. Gilmore, P.E., Manager Project Development and Environmental Analysis Branch VCB/jg cc: w/attachment Mr. David Franklin, USACE, Wilmington Field Office Mr. John Hennessy, DWQ Mr. David Cox, NCWRC Mr. John Alford, P.E., Roadway Design Mr. Calvin Leggett, P.E., Program Development Mrs. Debbie Barbour, P.E., Design Services Mr. D.R. Henderson, P.E., Hydraulics Mr. Tim Rountree, P.E., Structure Design Mr. Pat Ivey, P.E., 9 Division Engineer OCT 1 011531_ CATEGORICAL EXCLUSION ACTION CLASSIFICATION FORM TIP Project No. B-3161 State Project No. 8.2610501 Federal Project No. BRZ-1 1390) OC,, ?9 A. Project Description: ?? NCDOT will replace Bridge No. 11 on SR 1139, over Bear Creek, in Davie County. Replacement will be at approximately the same location and elevation with a two lane bridge of 135 foot length. The new bridge will accommodate a travelway of 24 feet width with 3 foot offsets on each side. The approach roadway will provide a 24 foot travelway with 8 foot grassed shoulders. Shoulder width will be increased by at least 3 feet where guardrail is warranted. Traffic will be detoured over existing secondary roads. B. Purpose and Need: Bridge No. 11 has a sufficiency rating of only 15.4 out of 100. The bridge is posted at 21 tons for all vehicle classes. For these reasons, Bridge No. 11 requires replacement. 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 4111 improvements) b. Widening roadway and shoulders without adding through lanes c. Modernizing gore treatments d. Constructing lane improvements (merge, auxiliary, and turn lanes) e. Adding shoulder drains f. Replacing and rehabilitating culverts, inlets, and drainage pipes, including safety treatments g. Providing driveway pipes h. Performing minor bridge widening (less than one through lane) 2. Highway safety or traffic operations improvement projects including the installation of ramp metering control devices and lighting. a. Installing ramp metering devices b. Installing lights C. Adding or upgrading guardrail d. Installing safety barriers including Jersey type barriers and pier protection e. Installing or replacing impact attenuators 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 30 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 dQ. 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 Project Information Estimated Costs: Total Construction Cost $650,000 Right-of-Way and Utilities 21.000 Total Project Cost $671,000 Estimated Traffic: Current - 1700 VPD Year 2025 - 2800 VPD Proposed Typical Roadway Section: The approach roadway will be 24 feet wide with at least an 8 foot grassed shoulder on each side. Shoulder width will be increased by at least 3 feet where guardrail is warranted. Design Speed: The design speed will be 50 mph. A design exception may be required for the horizontal curve approaching the bridge from the west. Functional Classification: SR 1 139 is classified as a Rural Minor Collector facility in the Statewide Functional Classification System. t Division Office Comments: The Division 9 Engineer's Office supports road closure and replacement at the existing location. E. Threshold Criteria The following evaluation of threshold criteria must be completed for Type 11 actions. 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? F-1 X (3) Will the project affect anadromous fish? X (4) If the project invoives wetlands, is the amount of permanent and/or temporary wetland taking less than one-third (1/3) acre and have all practicable measures to avoid and minimize wetland takin s been evaluated? X ? g (5) Will the project require use of U. S. Forest Service lands? F-1 X (6) Will the quality of adjacent water resources be adversely impacted by proposed construction activities? X (7) Does the project involve waters classified as Outstanding Resource Waters (ORW) and/or High Quality Waters 1HQW)? ? X (8) Will the project require fill in waters of the United States - in any of the designated mountain trout counties? F 1 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" (AECP F-1 X 4 f f 0 1) Does the project involve Coastal Barrier Resources Act resources? (12) Will a U. S. Coast Guard permit be required? (13) Will the project result in the modification of any existing regulatory floodway? (14) Will the project require any stream relocations or channel changes? SOCIAL ECONOMIC, AND CULTURAL RESOURCES (15) Will the project induce substantial impacts to planned growth or land use for the area? (16) Will the project require the relocation of any family or business? (17) Will the project have a disproportionately high and adverse human health and environmental effect on any minority or low-income population? (18) If the project involves the acquisition of right of way, is the amount of right of way acquisition considered minor? (19) Will the project involve any changes in access control? (20) Will the project substantially alter the usefulness and/or land use of adjacent property? (21) Will the project have an adverse effect on permanent local traffic patterns or community cohesiveness? (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)? (23) Is the project anticipated to cause an increase in traffic volumes? (24) Will traffic be maintained during construction using existing roads, staged construction, or on-site detours? F-1 7 F-1 YES X X X X NO 1-1 X F-1 X F-1 X X F-1 F? X El X F] X X F? F] X X El 5 i 1 (25) If the project is a bridge replacement project, will the bridge ? be replaced at its existing location (along the existing facility) X and will all construction proposed in association with the bridge replacement project be contained on the existing facility? (26) Is there substantial controversy on social, economic and ' F-1 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? F-1 X (29) Will the project affect any archaeological remains which are ? X important to history or pre-history? (30) Will the project require the use of Section 4(f) resources (public parks, recreation lands, wildlife and waterfowl refuges, historic sites or historic bridges, as defined in Section 4(f) of the U. S. Department of Transportation Act of 1966)? F-1 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 F-1 X of 1965, as amended? (32) Will the project involve construction in, across, or adjacent to a river designated as a component of or proposed for inclusion in the natural Wild and Scenic Rivers? ? X F. Additional Documentation Reauired for Unfavorable Responses in Part E None. G. CE Approval TIP Project No. B-3161 State Project No. 8.2610501 Federal Project No. BRZ-1 139f 1) 6 Project Description: NCDOT will replace Bridge No. 11 on SR 1139, over Bear Creek, in Davie County. Replacement will be at approximately the same location and elevation with a two lane bridge of 135 foot length. The new bridge will accommodate a travelway of 24 feet width with 3 foot offsets on each side. The approach roadway will provide a 24 foot travelway with 8 foot grassed shoulders. Shoulder width will be increased by at least 3 feet where guardrail is warranted. Traffic will be detoured over existing secondary roads. Categorical Exclusion Action Classification: (Check one) X TYPE II(A) TYPE II(B) Approved: 2-2S-00 I/Date Assistant Manager Planning and Environmental Branch z-2,9wa /+ Date Project Manning Unit Head Planning and Environmental Branch 2-Z9-DOf? Date Project Planning Engineer Planning and Environmental Branch For Type II(B) projects only: Not Reauired Date Division Administrator Federal Highway Administration I ` - N 6 2 -- & --- _ ? i Center 1 1 52 ? r 1 151' / 302 ` -- O - 1149 2 l l '? 1 r S i 1 150 103 v- p 1116 ., 1 ? 1173 rn / 5 4 U ` ¢ - MOCKSVILLE 1175 Bridde No. ll POP. 2,637 ' - -- 6 _ 1180 `t _ 3 n 1153 1. C ! 1140 j ' 'f lp 11 __ 1154 1155 r ; 1147 ? 4? v, ` t 6 ?:G . p 1145. 146 ` 1139 .? 1-147 ? i 1 - 1144 G ! 1159^ ! 1 143 0 i ^? ' 1 139 11 2 m 35' 50' 11 Studied Detour Route a of I:OAy "6 North Carolina Department of Transportation o Division of Highways Planning & Environmental Branch Of iR,?S Dade County Replace Bridge No. 11 on SR 1139 Over Bear Creek B-3161 FIGURE 1 MATCH )t. j, r J \" North Carolina Department of Cultural Resources James B. Hunt Jr., Governor Beatty Ray McCain, secretary January 20, 1999 Nicholas L. Graf Division Administrator Federal Highway Administration Department of Transportation 310 New Bern Avenue Raleigh, N.C. 27601-1442 Re: Bridge #11 on SR 1 139 over Bear Creek, Davie County, B-3161, ER 99-7694 Dear Mr. Graf: Division of Archives and History Jeffrey J. Crow, Director 1999 On December 10, 1998, Debbie Bevin of our staff met with North Carolina Department of Transportation (NCDOT) staff for a meeting of the minds concerning the above project. We reported our available information on historic architectural and archaeological surveys and resources along with our recommendations. NCDOT provided project area photographs and aerial photographs at the meeting. 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. In terms of archaeological resources, there are no recorded sites within the immediate project vicinity. However, until we have information concerning the location and extent of the proposed bridge replacement and what type of detour structure is involved, we are unable to evaluate the potential effects of the project upon as yet unrecorded sites. Please forward this information as soon as possible. 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. 100 East Jones Street • Rn!eiCh. Nc^.? C--:7:'I;^3 2-6ni ^c- ??9 Nicholas L. Graf January 20, 1999, Page 2 Thank you for your cooperation and consideration. If you have questions concerning the above comment, please contact Renee Gledhill-Earley, environmental review coordinator, at 919!733-4763. Sincerely, David Brook Deputy State 1-111'storic Preservation -Officer DB:slw cc: -N. D. Gilmore •• B. Church T. Padgett h r 1 ' J r T l 7 North Carolina Department of Cultural Resources State Historic Preservation Office David L. S. Brook, Administrator James B. Hunt Jr., Governor Division of Archives and History Betty Ray McCain, Secretary Jeffrey J. Crow, Director December 22, 1999 MEMORANDUM TO: William D. Gilmore, P.E., Manager Project Development and Environmental Analysis Branch Division of Hiehways Department of Transportation FROM: David Brookes Deputy State Historic Preservation Officer SUBJECT: Archaeological Study, Replacement of Bridge 11 on SR 1139 over Bear Creek, Davie County; TIP No. B-3161, Federal Aid No. BRZ-1139(1) ER 99-7694, ER 00-8007 Thank you for your letter of October 15, 1999 transmitting the archaeological survey report by Megan O'Connell for the above referenced project. During the course of the survey, no prehistoric or historic archaeological sites were located within the project area. Due to the absence of cultural resources, Ms. O'Connell has recommended that no further archaeological investigation be conducted in connection with this project. We concur with this recommendation since this project will not involve significant archaeological resources. 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. cc: Roy Shelton, FHWA Tom Padgett, NCDOT Megan O'Connell, NC DOT Location Mailing Address Telephnne'Fax ADMINISTRATION 507 N. Blount St., Ralei!_h NC 3617 Mail Service Center, Raleigh NC 37699-4617 ON) 733-4763 • '33-5653 ARCHAEOLOGY 421 N. Blount St., Ralei!_h NC 4619 Mail Service Center, Ralci!_h NC 27699-419 (al`)) -33-7342 715-2671 -.3-h53', • '15-4?1t1 RESTORATION 515 N. Blount St.. Raleigh NC 4613 Mail Ccr%ice Center. Ralei_h NC 1709()_4(,I.1, (Q lu) i I R F\' C III 1 I G • c \?. p .i . .i r,1i,i... 'c 9 North Carolina Wildlife Resources Commissiong 312 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391 Charles R. Fullwood, Executive Director MEMORANDUM TO: Dennis Pipkin, Project Planning Engineer Planning & Environmental Branch, NCDOT FROM: David Cox, Highway Project Coo for Habitat Conservation Program DATE: December 16, 1998 SUBJECT: NCDOT Bridge Replacements in Davie, Iredell, and Orange counties, North Carolina. TIP Nos. B-3161, B-3350, and B-3497. Biologists with the N. C. Wildlife Resources Commission (NCWRC) have reviewed the information provided and have the following preliminary comments on the subject project. Our comments are provided in accordance with provisions of the National Environmental Policy Act (42 U.S.C. 4332(2)(c)) and the Fish and Wildlife . Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d). On bridge replacement projects of this scope our standard recommendations are as follows: 1. We generally prefer spanning structures. Spanning structures usually do not require work within the stream and do not require stream channel realignment. The horizontal and vertical clearances provided by bridges allows for human and wildlife passage beneath the structure, does not block fish passage, and does not block navigation by canoeists and boaters. 2. Bridae deck drains should not discharge directly into the stream. 3. Live concrete should not be allowed to contact the water in or entering into the stream. 4. If possible, bridge supports (bents) should not be placed in the stream. Bridge Replacement Nlemo 2 December 16, 1998 5. If temporary access roads or detours are constructed, they should be removed back to oricyinal around elevations immediately upon the completion of the project. Disturbed areas should be seeded or mulched to stabilize the soil and native tree species should be planted with a spacing of not more than 10'x10'. If possible, «-h-.n using temporary structures the area should be cleared but not grubbed. Clearing the area with chain saws, mowers, bush-hogs, or other mechanized equipment and leaving the stumps and root mat intact, allows the area to revegetate naturally and minimizes disturbed soil. 6. A clear bank (riprap free) area of at least 10 feet should remain on each side of the steam underneath the bridge. 7. In trout waters, the N.C. Wildlife Resources Commission reviews all U.S. Army Corps of Engineers nationwide and general `404' permits. We have the option of requesting additional measures to protect trout and trout habitat and we can recommend that the project require an individual `404' permit. 8. In streams that contain threatened or endangered species, NCDOT biologist Mr. Tim Savidce should be notified. Special measures to protect these sensitive species may be required. NCDOT should also contact the U.S. Fish and Wildlife Service for information on requirements of the Endangered Species Act as it relates to the project. 9. In streams that are used by anadromous fish, the NCDOT official policy entitled "Stream Crossing Guidelines for Anadromous Fish Passage (May 12, 1997)" should be followed. 10. In areas with significant fisheries for sunfish, seasonal exclusions may also be recommended. If corrugated metal pipe arches or concrete box culverts are used: 1. The culvert must be designed to allow for fish passage. Generally, this means that the culvert or pipe invert is buried at least 1 foot below the natural stream bed. If multiple cells are required the second and/or third cells should be placed so that their bottoms are at stream bankful stage (similar to Lyonsfield design). This ?z'ill allow sufficient water depth in the culvert or pipe during normal flows to accommodate fish movements. If culverts are long, baffle systems are required to trap gravel and provide resting areas for fish and other aquatic organisms. 2. If multiple pipes or cells are used, at least one pipe or box should be designed to remain dry during normal flows to allow for wildlife passage. 3. Culverts or pipes should be situated so that no channel realignment or widening is required. Widening of the stream channel at the inlet or outlet of structures usually causes a decrease in water velocity causing sediment deposition that will require future maintenance. 4. Riprap should not be placed on the stream bed. In most cases, we prefer the replacement of the existing structure at the same location with road closure. If road closure is not feasible, a temporary detour should be designed and located to avoid wetland impacts, minimize the need for clearing and to r Bridge Replacement Memo 3 December 16, 1998 avoid destabilizing stream banks. If the structure will be on a new alignment, the old structure should be removed and the approach fills removed from the 100-year floodplain. Approach fills should be removed down to the natural ground elevation. The area should be stabilized with grass and planted with native tree species. If the area that is reclaimed was previously wetlands, NCDOT should restore the area to wetlands. If successful, the site may be used as wetland mitigation for the subject project or other projects in the watershed. Project specific comments: 1. B-3161 - No special concerns. 2. B-3350 - Hunting Creek is known to contain smallmouth bass. To prevent interference with spawning, we request that there be no in-stream work between May 1 and June 30. We also specifically recommend that this bridge be replaced with another bridge and not a culvert. 3. B-3497 - This stream supports a normal Piedmont stream fishery. Although good populations of centrarchids are present, we do not recommend a seasonal exclusion. There is the potential for federally listed mussels in the vicinty of this project. Therefore, we recommend that Tim Savidge be contacted and the appropriate surveys be preformed. If mussels are located, we recommend an on-site meeting to discuss strategies to minimize adverse impacts. We request that NCDOT routinely minimize adverse impacts to fish and wildlife resources in the vicinity of bridge replacements. The NCDOT should install and maintain sedimentation control measures throughout the life of the project and prevent wet concrete from contacting water in or entering into these streams. Replacement. of bridges with spanning structures of some type, as opposed to pipe or box culverts, is recommended in most cases. Spanning structures allow wildlife passage along streambanks, reducing habitat fragmentation and vehicle related mortality at highway crossings. If you need further assistance or information on NCWRC concerns regarding bridge replacements, please contact me at (919) 528-9886. Thank you for the opportunity to review and comment on these projects. _ PROJECT COMMITMENTS: B-3161. Davie County Bridge No. 11, on SR 1139 Over Bear Creek Federal Aid Project BRZ-1139(1) State Project 8.2610501 Roadway Design Unit, Structure Design Unit, Project Development & Environmental - - Analysis Branch (Permits), Resident Engineer: Bridae Demolition: The existing bridge is composed of steel and timber components. Therefore, the bridge will be removed without dropping any component into Waters of the U.S. -during: construction. The asphalt, wearing surface will be removed prior to demolition, without dropping into the water. During construction, Best Management Practices for.Bridge Demolition and Removal will be followed. Categorical Exclusion Document Page 1 of 1 Green Sheet February, 2000 t a"a5?4 ,ten `? wow vow` STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. P.O. BOX 25201, RALEIGH, N.C. 27611-5201 DAVID MCCOY GOVERNOR SECRETARY November 1, 1999 MEMORANDUM TO: Wayne Elliot, Unit Head Bridge Replacement Unit FROM: Jared Gray, Natural Systems Specialist Natural Systems Unit SUBJECT: Natural Resources Technical Report for proposed replacement of Bridge No. 11 on SR 1139 over Bear Creek in Davie County, Federal Aid Project No. BRZ- 1139(1), State Project No. 8.2610501, TIP No. B-3161. ATTENTION: Dennis Pipkin, P.E. Bridge Replacement Unit The attached Natural Resources Technical Report provides inventories and descriptions of natural resources within the project area, and estimates of impacts likely to occur to these resources as a result of project construction. Pertinent information on wetlands and federally protected species is also provided. Please contact me if you have any questions. C: File: B-3161 Proposed Replacement of Bridge No. 11 on SR 1139 over. Bear Creek in Davie County TIP No. B-3161 Federal Aid Project: BRZ-1139 (1) State Project No. 8.2610501 Natural Resources Technical Report B-3161 North Carolina Department of Transportation Division of Highways Project Development and Environmental Analysis Branch Natural Systems Unit Jared Gray, Natural System Specialist November 1, 1999 f 1.0 Introduction ....................................................................................................................1 1.1 Project Description ............................................................................................ 1 1.2 Purpose ................................................................................................................ 1 1.3 Methodology ......................................................................................................... 3 1.4 Qualifications of Investigator ............................................................................... 3 1.5 Definitions ........................................................................................................... 3 2.0 PHYSICAL RESOURCES .................................................................................................. ..4 2.1 Soils ............................................................................................................ 4 2.2 Water Resources .............................................................................................. 5 2.2.1 Waters Impacted and Characteristics .......................................................... 5 2.2.2 Best Usage Classification ............................................................................ 5 2.2.3 Water Quality ............................................................................................... 6 2.2.4 Summary of Anticipated Impacts ................................................................. 7 3.0 BIOTIC RESOURCES ............................................................................................. ..8 3.1 Terrestrial Communities .................................................................................... ..9 3.1.1 Bottomland Hardwood Community ............................................................. 9 3.1.2 Maintained/Disturbed Community ................................................................. . 9 3.1.3 Dry Mesic Forest Community ...................................................................... 10 3.1.4 Fauna ............................................................................................................. 10 3.2 Aquatic Communities ........................................................................................ 10 3.3 Summary ofAnticipated Impacts ........................................................................ 11 4.0 JURISDICTIONAL TOPICS .............................................................................................. 13 4.1 Waters of the United States ............................................................................ 13 4. 1.1 Characteristics of Wetlands and Surface Waters ...................................... 13 4.1.2 Summary of Anticipated Impacts ..................................................................... 14 4.1.3 Permits ......................................................................................:.................... 14 4.1.4 Mitigation ..................................................................................................... 15 4.1.4.1 Avoidance ............................................................................................ 15 4.1.4.2 Minimization ......................................................................................... 15 4.1.4.3 Compensatory Mitigation ........................................................................ 16 4.2 Rare and Protected Species ........................................................................... 16 4.2.1 Federally-Protected Species ....................................................................... 16 4.2.2 Federal Species of Concern and State Listed Species ............................. 16 5.0 REFERENCES .................................................................................................................. 18 LIST OF FIGURES Figure 1 Site Topographic Map .........................................................................................2 LIST OF TABLES Table 1. Anticipated impacts to Biotic Communities .......................................................11 Table 2. Federally-Protected Species for Davie County .................................................17 Table 3. Federal Species of Concern for Davie County ................................................. 18 1.0 Introduction The following Natural Resources Technical Report is submitted to assist in preparation of a Categorical Exclusion (CE) for the proposed project. The project is situated in southwest Davie County (Figure 1). 1.1 Project Description The proposed project is situated in southwest Davie County, and calls for the replacement of Bridge No. 11 on State Route (SR) 1139 over Bear Creek (Figure 1). The existing 40 m (131 ft) long, two-lane shoulder section, open Deck Bridge was built in 1973. The right-of-way along Bridge No. 11 measures an estimated 18 m (60 ft). The NCDOT is considering three alternatives for the project (Figure 2). All three alternatives incorporate a proposed right-of-way of 18 m (60 ft). Alternate 1 requires replacing the existing bridge in-place with a new, two lane shoulder section bridge. Traffic will be detoured onto other local roads during construction. Under Alternate 1, project length of the new bridge is approximately 39.6 m (430 ft). Alternate 2 involves replacing Bridge No. 11 on existing alignment with a temporary bridge to the south. Under Alternate 2, project length is approximately 213 m (700 ft). Alternate 3 involves constructing a bridge on new alignment to the south, and maintaining traffic on the existing bridge during construction. Under Alternate 3, project length is approximately 366 m (1200 ft). Once the bridge on new location is completed, the NCDOT will tear down and remove the original Bridge No. 11. The bridge has a 4" asphalt wearing surface over steel plank deck on steel I-beams. The substructure is made up of entirely timber. The bridge is 40 m (131 ft) long and 9 m (28 ft) wide. The asphalt wearing surface and the bridge rails will not be allowed to enter the water, these will be removed prior to demolition. There is no potential for parts of the bridge to fall into the water. The bridge is composed completely of timber and steel, therefore it will be removed without dropping any component into Waters of the United States during demolition. 1.2 Purpose The purpose of this technical report is to inventory, catalog and describe the various natural resources likely to be impacted by the proposed action. This report also attempts to identify and estimate the probable consequences of the anticipated impacts to these resources. Recommendations are made for measures, which will minimize resource impacts. These descriptions and estimates are relevant in the context of the existing preliminary design concepts. If design parameters and criteria change, additional field investigations will need to be conducted. ' 50' - - „?' MOCKSVILLE _ 1 1144 ?•? ! 1143• ?. _.. Z i, ^? •` '' 1139 o ?i 11 2 `?•?•.. 3S 1175 _ Bridge No. U '. POP. 2,637 a 1 180 .2 ? . 1153 ! 1140 ; _ 1155 0 v i..__ 115a 1 ' t1a7 p 1145. 1 a6 1139 x.3,147 t N Center 11=2 1151' G 1149 ! 1302\. 1 O \ 2 `? ` to3 .. - $ 1150 p 1 1 10 l 2. )? 1 / 64 1173 rn ?J Studied Detour Route SOATAF North Carolina y? Department of Transportation Division of Highways Planning & Environmental Branch Of TR??S ' Dade County Replace Bridge No. 11 on SR 1139 Oyer Bear Creek B-3161 I F I GURE 1 MATCH 1.3 Methodology Published information regarding the project area was consulted prior to a field visit. Information sources used in this pre-field investigation of the study area included U.S. Geological Survey (USGS) quadrangle map (Cooleemee), U.S. Fish and Wildlife Service (FWS) National Wetland Inventory Map (Cooleemee), and NCDOT aerial photographs of project area (1:1200). Water resource information was obtained from publications of the Department of Environment, Health and Natural Resources (DEHNR, 1996) and from the NC Center for Geographic Information and Analysis (Environmental Sensitivity Base Map of Davie County, 1995). Information concerning the occurrence of federal and state protected species in the study area was gathered from the Fish and Wildlife Service (FWS) list of protected species and species of concern, and the N.C. Natural Heritage Program (NHP) database of rare species and unique habitats. General field surveys were conducted along the proposed alignment by NCDOT biologists Tim Savidge and Jared Gray on May 10, 1999. Plant communities and their associated wildlife were identified and recorded. Wildlife identification involved using one or more of the following observation techniques: active searching and capture, visual observations (binoculars), and identifying characteristic signs of wildlife (sounds, scat, tracks and burrows). Jurisdictional wetland determinations were performed utilizing delineation criteria prescribed in the "Corps of Engineers Wetland Delineation Manual" (Environmental Laboratory, 1987). 1.4 Qualifications of Investigator Investigator: Jared Gray, Natural Systems Specialist, NCDOT. Education: BS Environmental Science, Morehead State University College of Agriculture and Environmental Science. Experience: Environmental Engineer, Enviro-Pro Inc., September 1994-May 1997. Environmental Technician, Appian Consulting Engineers, P.A. October 1997-May 1998 Natural Systems Specialist, NCDOT, October 1998-Present. Expertise: Water quality, wetland delineation and soils. 1.5 Definitions Definitions for areal descriptions used in this report are as follows: Project Study Area denotes the area bounded by proposed right-of-way limits; Project Vicinity describes an area extending 0.8 km (0.5 mile) on all sides of the project study area; and Project Region is equivalent to an area represented by a 7.5 minute USGS quadrangle map with the project occupying the central position. 4 2.0 Physical Resources Soil and water resources, which occur within the project study area, are discussed below. Soils and availability of water directly influence composition and distribution of flora and fauna in any biotic community. The project study area lies within the Inner Piedmont physiographic region. Gently sloping to steep wooded ravines characterize the topography of the project vicinity. The project area is situated between broad ridges and narrow side slopes adjacent to the floodplain associated with Bear Creek. Project elevation is approximately 213- 229 m (700-750 ft) above mean sea level (msl). 2.1 Soils Five soil phases occur within project boundaries: Rion sandy loam, 8-15 percent slopes (RnC), Rion sandy loam, 15-40 percent slopes (RnD), Wedowee sandy loam, 2-8 percent slopes (WeB), Wedowee sandy loam, 8-15 percent slopes (WeC), and Chewacla loam, 0-2 percent slopes (ChA). Rion (RnC) sandy loam, 8-15 percent slopes, is a well-drained soil on side slopes in the uplands. Permeability is moderate, erosion is a moderate hazard, shrink-swell is low, and the water table remains below a depth of 72 inches. Slope, surface runoff, erosion, and moderate permeability are the main limitations to the use and management of this soil. Rion (RnD) sandy loam, 15-40 percent slopes, is a well-drained soil on side slopes in the uplands. Permeability is moderate, erosion is a severe hazard, shrink-swell is low, and the water table remains below a depth of 72 inches. Slope, surface runoff, erosion, and moderate permeability are the main limitations to the use and management of this soil. Wedowee (WeB) sandy loam, 2-8 percent slopes, is a well-drained soil that occurs on moderately broad to narrow side slopes in the uplands. Permeability is moderate, shrink-swell is moderate, erosion is a moderate hazard and the water table remains below a depth of 72 inches. Slope and the moderate hazard of erosion are the main management concerns. Wedowee (WeC) sandy loam, 8-15 percent slopes, is a well-drained soil found on narrow ridges and on side slopes in the uplands. Permeability is moderate, erosion is a severe hazard, and shrink-swell potential is moderate. The seasonal high water table is normally below a depth of 72 inches. Slope, surface runoff, and severe erosion are the main limitations to the use of this soil. Chewacla (ChA) loam, 0-2 percent slopes, is a nearly level somewhat- poorly drained soil on floodplains along creeks and rivers throughout the county. Permeability is moderate, and shrink-swell potential is low. Depth to the seasonal water table is within 1.5 feet. This soil is commonly flooded for brief periods. Wetness, flooding, and moderate permeability are the main limitations for the use of this soil. Chewacla is listed as a non-hydric soil in Davie County and may have hydric inclusions in areas with depressions. Core samples taken throughout the project area did not exhibit hydric conditions, such as low chroma colors, in low areas of the flood plain. Therefore, hydric soil indicators, as defined in the "1987 Corps of Engineers Wetland Delineation Manual", were not observed within the project area. 2.2 Water Resources This section contains information concerning those water resources likely to be impacted by the project. Water resource information encompasses physical aspects of the resource, its relationship to major water systems, Best Usage Standards and water quality of the resources. Probable impacts to these water bodies are also discussed, as are means to minimize impacts. 2.2.1 Waters Impacted and Characteristics Bear Creek will be the only surface water resource directly impacted by the proposed project (Figure 1). The creek is located in sub-basin 030706 of the Yadkin Pee-Dee River Basin. Bear Creek is a tributary to South Yadkin River, and has its confluence with the river approximately 7 km (4 mi.) linear channel distance downstream of Bridge No. 11. Bear Creek's bank at Bridge No. 11 measures approximately 6 m (20 ft) wide and 2 m (6 ft) deep. The stream bed at the same location measures approximately 4.6 m (15.0-ft) wide and 0.2-0.6 m (0.5-2.0 ft) deep. The creek's substrate consisted of sand and cobble. Sand was prevalent along the creek's edges. Water within the'Bear Creek was clear, with visibility at 0.2 m (0.5 ft) at the time of the survey. Streambank erosion and/or surface water runoff from adjacent uplands may contribute to the creek's high siltation. 2.2.2 Best Usage Classification The DWQ categorizes streams according to a best usage classification. Bear Creek [index no. 12-108-18-(3.3)] falls under Class WS-IV (NCDENR, DWQ, Water Quality Section, Water Quality Stream Classifications for Streams in North Carolina, Yadkin Pee-Dee River Basin; 1 September 1998 Internet update). Class WS-IV waters are protected as water supplies, which are generally in moderately to highly developed watersheds. Point source discharges of treated wastewater are permitted pursuant to 15A NCAC 2B .0104 and .0211. Local programs to control non-point source and stormwater discharge of pollution are required; suitable for all Class C uses. Class C designates waters protected for aquatic life propagation and survival, fishing, wildlife, secondary recreation (e.g., wading, boating), and agriculture. There are no restrictions on watershed development activities within Class C designated streams (NCDENR, DWQ, Water Quality Section, Surface Freshwater Classifications Used in North 6 Carolina; 15 October 1997 Internet update). Neither High Quality (HQW), Water Supplies (WS-I or WS-II) Nor Outstanding Resource Waters (ORW) occur within 1.6 km (1.0 mi.) of the project study area. 2.2.3 Water Quality The DWQ has initiated a whole basin-wide approach to water quality management for the 17 river basins within the state. The Environmental Sciences Branch, Water Quality Section of the DWQ, collects biological, chemical and physical data that can be used in basin-wide assessment and planning. River basins are reassessed every five years. The Basin-Wide Assessment Program assesses water quality by sampling for benthic macroinvertebrate (benthos) organisms throughout the state. The monitoring sites may vary according to needs assessed for a particular basin. Monitoring of benthos is conducted concurrently with monitoring of physical parameters in preparation for National Pollution Discharge Elimination System (NPDES) permit renewals for specific basins. Macroinvertebrates are important indicator organisms and are sensitive to subtle changes in water quality; thus, the species richness and overall biomass of these organisms are reflections of water quality. Bear Creek was sampled at the site in April 1988 and received a Good-Fair rating. The North Carolina Index of Biotic Integrity (NCIBI) is a method for assessing a stream's biological integrity by examining the structure and health of its fish community. The NCIBI summarizes the effects of all classes of factors influencing aquatic faunal communities. The index incorporates information about species richness and composition, trophic composition, fish abundance, and fish condition (NCDEHNR 1996). The assessment of biological integrity using the NCIBI is provided by the cumulative assessment of 12 parameters (metrics). The values provided by these metrics are converted into scores on a 1, 3, 5 scale. A score of 5 represents conditions expected for undisturbed streams in the specific river basin or ecoregion, while a score of 1 indicates that the conditions vary greatly from those expected in an undisturbed stream of the region. The scores are summed to attain the overall NCIBI score (NCDEHNR, 1996). The NCIBI score is then assigned an integrity class, which ranges from No Fish to Excellent. There was not any fish community studies done within 1.6 km (1.0 mi.) of the project study area. Point sources refer to discharge that enter surface water through a pipe, ditch, or other associated 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 NPDES sites located within 1.6 km (1.0 mi.) upstream of the project study area. Unlike pollution from industrial and sewage treatment, non-point source (NPS) pollution comes from many non-discrete sources. As rainfall or snowmelt runoff moves over the earth's surface, natural and man-made pollutants are picked up, carried, and ultimately deposited into lakes, rivers, wetlands, coastal waters, and groundwater. Non-point source pollution includes fertilizers, herbicides, and insecticides from farms and residential areas; hydrocarbons and chemicals from urban runoff and energy production; sediments from construction sites, land clearing, and eroding streambanks; salt from irrigation activities; acid drainage from abandoned mines; bacteria and nutrients from livestock, animal wastes, and faulty septic systems; and atmospheric deposition. The effects of NPS pollutants on water resources vary, and in many instances, may not be known. These pollutants generally have harmful effects on drinking water supplies, recreation, wildlife, and fisheries (USEPA Office of Water, Nonpoint Source Pollution Control Program, What is Nonpoint Source (NPS) Pollution? - Questions and Answers; 30 December 1997 Internet update). The NCDOT field investigators conducted a visual observation of any potential NPS discharges located within or near the project area. Atmospheric deposition; streambank erosion; fertilizers, herbicides, and insecticides from nearby farms and residential areas; and hydrocarbon and chemical runoff from nearby driveways were identified as potential sources of NPS pollution near the project area. The field investigators did not observe any construction or land clearing activities near the project area. 2.2.4 Summary of Anticipated Impacts. Construction of the proposed project may impact water resources during the following processes: Alternate 1 will require demolishing the existing bridge and constructing the new bridge; Alternate 2 impacts will require demolishing the existing bridge, constructing a temporary detour, and constructing the new bridge; Alternate 3 will require demolishing the existing bridge and constructing a new bridge south of the existing bridge. Construction activities are likely to alter and/or interrupt stream flows and water levels at stream site. This disruption of the stream can reduce flows downstream of the project. Temporary diversions of water flow may raise the water level upstream from the project and lower the water level downstream of the project. Anticipated impacts to the project area water resources are contained in Section 4.1.2 of this report. Project construction may result in the following impacts to surface waters: 1. Increased sedimentation and siltation from construction and/or erosion. 2. Changes in light incidence and water clarity due to increased sedimentation and vegetation removal. 3. Alteration of water levels and flows due to interruption and/additions to surface and ground water flow from construction. 4. Changes in water temperature due to streamside vegetation removal. 5. Increased nutrient loading during construction via runoff from exposed areas. 6. Potential concentration of toxic compounds from highway runoff, construction and toxic spills. Precautions should be taken to minimize impacts to water resources in the study area; NCDOT's Best Management Practices (BMP) must be strictly enforced during the construction stage of the project. Guidelines for these BMP's include, but are not limited to: minimizing built upon area and diversion of stormwater away from surface water supply waters as much as possible. Provisions to preclude contamination by toxic substances during the construction interval should also be strictly enforced. There should not be a potential for components of Bridge No. 11 to be dropped into Waters of the United States during construction. There should no temporary fill associated with the bridge removal is identified in Section 1.1. NCDOT's Best Management Practices for Bridge Demolition and Removal (BMP-BDR) must be applied for the removal of this bridge. 3.0 Biotic Resources Biotic resources include aquatic and terrestrial communities. This section describes those communities encountered in the study area as well as the relationships between fauna and flora within these communities. Composition and distribution of biotic communities throughout the project area are reflective of topography, hydrologic influences and past and present land uses in the study area. Descriptions of the terrestrial systems are presented in the context of plant community classifications and follow descriptions presented by Schafale and Weakley (1990) where possible. Dominant flora and fauna observed, or likely to occur, in each community are described and discussed. Scientific nomenclature and common names (when applicable) are provided for each animal and plant species described. Plant taxonomy generally follows Radford, et al. (1968). Animal taxonomy follows Martof, et al. (1980), Menhinick (1991), Potter, et al. (1980), and Webster, et al. (1985). Subsequent references to the same organism will include the common name only. Fauna that was observed during the site visit is denoted with an asterisk (*). Published range distributions and habitat analysis are used in estimating fauna expected to be present within the project area. 9 3.1 Terrestrial Communities Three distinct terrestrial communities were identified in the project study area: dry mesic hardwood forest, bottomland hardwood forest and maintained/disturbed community. Community boundaries within the study area are well defined without a significant transition zone between them. Faunal species likely to occur within the study area will exploit all of these communities for shelter and foraging opportunities or as movement corridors. 3.1.1 Bottomland Hardwood Forest Community The Bottomland Hardwood Forest Community is dominated by species common throughout bottomlands in the piedmont of North Carolina. The herbs and vines in the riparian floodplain flora include trumpet creeper (Campsis radicans), Virginia creeper (Parthenocissus quinquefolia), poison ivy (Toxicodendron radicans), false nettle (Boehmeria cylindrica), may-apple (Podophyllum peltatum), violet (Viola sp.), and stinging nettle (Utrica dioica). The canopy was comprised of red maple (Acer rubrum), sycamore (Plautus occidentalis), red mulberry (Morus rubra), river birch (Betula nigra) swamp chestnut oak (Quercus michauxii), and American elm (Ulmus americana). The shrub layers consisted of blackberry (Rubus argutus), green ash (Fraxinus pennsylvanica), elderberry (Sambucus canadensis), red maple, and ironwood (Carpinus caroliniana). 3.1.2 The Maintained / Disturbed Community The maintained/ disturbed community is made of four sub-communities, which include roadside shoulder, pasture, hedgerow and irregularly maintained floodplain. The flora which can be found in the roadside shoulder areas are fescue (Festuca sp.), English plantain (Plantago lanceolata), bush clover (Lespedeza intermedia), chickweed (Stellaria media), white clover (Trifoium repens), Japanese honeysuckle, violet (Viola sp.), geranium (Geranium carolinianum), henbit (Lamium ofcinale), mouse's ear (Heiracium pilosella), wild onion (Allium canadensis) and dandelion (Taraxacum officinale). The flora found around the hedgerow include red cedar (Juniperus virginiana), American elm, sweet-gum (Liquidambar styraciflua), tulip poplar (Liriodendron tulipifera), black willow (Salix nigra), multi-flora rose (Rosa multiflora), red clover (Trifolium pratense), wood sorrel (Oxalis dillenii), geranium (Geranium carolinianum), and black cherry (Prunus serotina). The flora found in pasture area include fescue, Japanese honeysuckle, trumpet creeper, English plantain, dewberry (Rubrus flagellaris), hop clover (Trifolium agrarium), bull thistle (Carduus lanceolatus), and smooth vetch (Vicia dasycarpa). The flora found in the irregularly maintained floodplain include may-apple, box elder (Acer negundo), green ash, trumpet creeper, false nettle, blackberry, greenbrier (Smilax rotundifolia), and pignut hickory (Carya glabra). 10 3.1.3 Dry Mesic Forest Community This upland forest tract is dominated by species common throughout the piedmont of North Carolina. Plants observed here include Christmas fern (Polystichum acrostichoides), violet, may-apple, blue-eyed grass (Sisrinchium angustifolium), Virginia creeper, flowering dogwood (Comus florida), American beech (Fagus grandifolia), tulip poplar, red maple, pecan (Carya illneonsis), and river birch. 3.1.4 Fauna Wildlife that may frequently use the bottomland hardwood forest community, the dry mesic forest community or maintained/disturbed communities include: two-lined salamander (Eurycea bislineata), spring peeper (Hyla crucifer), Eastern ribbon snake (Thamnophis sauritus), woodchuck (Marmota monax), red bat (Lasiurus borealis), white-tailed deer (Odocoileus virginianus), big brown bat (Eptesicus fuscus), and opossum (Didelphis virginiana). Avian species utilizing these communities include the northern mockingbird (Mimus polyglottas), Carolina wren (Thryothorus ludovicianus), Carolina chickadee* (Parus carolinensis), blue jay (Cyanocitta cristata) American crow (Corvus brachyrhynchos), belted kingfisher` (Megaceryle alcyon), field sparrow* (Spizella pusilla), pileated woodpecker * (Dryocopus pileatus) and northern cardinal* (Cardinalis cardinalis). The mourning dove* (Zenaida macroura) is a permanent resident in this community type. 3.2 Aquatic Communities One aquatic community, Bear Creek, a piedmont perennial stream, will be impacted by the proposed project. Perennial streams support an assemblage of fauna that require a constant source of flowing water, as compared to intermittent or standing water. Physical characteristics of the water body and condition of the water resource influence flora and faunal composition of aquatic communities. Terrestrial communities adjacent to a water resource also greatly influence aquatic communities. Amphibians and reptiles commonly observed in and adjacent to moderately sized perennial streams in rural areas may include common snapping turtle (Chelydra serpentina), Eastern box turtle (Terrapene carolina), eastern mud turtle (Kinostemon subrubrum), six-lined racerunner (Cnemidophurus sexlineatus), copperhead (Agkistrodon contortix) and northern water snake (Nerodia sipedon). Fish species that may be located here include gizzard shad (Dorosoma cepedianum), common carp (Cyprinus carpio), golden shiner (Notemigonus crysoleucas), rosyside dace (Clinostomus funduloides), eastern silvery minnow 11 (Hybognathus regius), highback chub (Hybopsis hypsinotus), bluehead chub (Nocomis leptocephalus), whitefin shiner (Notropis niveus), greenfin shiner (Notropis chloristius), white sucker (Catostomus commersont), eastern mosquitofish* (Gambusia holbrooki), silver redhorse (Moxostoma anisurum), redbreast sunfish (Lepomis auritus), margined madtom (Noturus insignis), green sunfish (Lepomis cyanellas) and bluegill (Lepomis macrochirus). 3.3 Summary of Anticipated Impacts Construction of the subject project will have various impacts on the biotic resources described. Any construction related activities in or near these resources have the potential to impact biological functions. This section quantifies and qualifies impacts to the natural resources in terms of area impacted and ecosystems affected. Permanent and temporary impacts to biotic communities are represented in Table 1. Calculated impacts to terrestrial resources reflect the relative abundance of each community present within the study area. Project construction will result in clearing and degradating portions of these communities. Table 1 summarizes potential quantitative losses to these biotic communities, resulting from project construction. Estimated impacts are derived using the entire proposed right of way width of 18.3-m (60.0-ft). Usually, project construction does not require the entire right of way; therefore, actual impacts may be considerably less. TABLE 1. Anticipated Impacts to Biotic Communities Community Alternate 1 Alternate 2 Alternate 3 Existing Temporary Existing New Bridge Detour Bridge Bridge Bottomland 0.03 (0.08) 0.03 (0.08) 0.05 (0.13) 0.03 (0.8) 0.1 (0.24) Hardwood Forest Dry Mesic 0.01 (0.02) 0.01 (0.02) 0.02 (0.05) 0.01 (0.02) 0.09 (0.21) Forest Maintained/ 0.09 (0.21) 0.09 (0.21) 0.07 (0.16) 0.09 (0.21) 0.29 (0.72) Disturbed Totals 0.13 (0.31) 0.13 (0.31) 0.13 (0.34) 0.13 (0.31) 0.48(l.17) Values cited are in hectares (acres) ¦ Total impacts may not equal the sum impacts associated with each specific community due to rounding of significant digits. ¦ Alternate 1 values indicate both temporary and permanent impacts associated with the removal of existing Bridge No. 11 and adjacent roadway approaches in approximately the same location for the new bridge. ¦ Alternate 2 values indicate both temporary and permanent impacts associated with the removal of existing Bridge No. 11 and adjacent roadway 12 approaches in approximately the same location for the new replacement bridge. Alternate 2 Temporary Detour values indicate both temporary and permanent impacts for the removal of the temporary bridge and associated roadway. Alternate 3 values indicate both temporary and permanent impacts associated with the removal of existing Bridge No. 11 and adjacent roadway approaches. Alternate 3 New Bridge values indicate both temporary and permanent impacts associated with the new bridge and adjacent roadway approaches. Plant communities found within the proposed project area serve as nesting and sheltering habitat for a variety of wildlife. Replacing Bridge No. 11 and its associated improvements will reduce habitat for faunal species, thereby diminishing faunal numbers. However, due to the size and scope of this project, it is anticipated that impacts to fauna will be minimal. Areas modified by construction (but not paved) will become road shoulders and early successional habitat. Reduced habitat will displace some wildlife further from the roadway while attracting other wildlife by the creation of earlier successional habitat. Animals temporarily displaced by construction activities will repopulate areas suitable for the species. Permanent terrestrial impacts associated with Alternate 1 total 0.13 ha (0.31 ac). Alternate 2 will result in 0.13 ha (0.31 ac.) of permanent impacts and 0.13 ha (0.34 ac.) of temporary impacts to the project area, most of which is in maintained/disturbed area. Alternate 3 has permanent impacts associated with the removal of Bridge No. 11, which are 0.13 ha (0.31 ac.) and permanent impacts associated with the construction of a new bridge to the south. Permanent terrestrial impacts associated with the new bridge are 0.13 ha (1.17 ac.). Alternate 3 has the most permanent impacts on terrestrial communities of the three alternatives, because of the demolition of existing Bridge No. 11 and building a new bridge on new location. Alternate 2 impacts considerably more terrestrial area than Alternate 1 does, because Alternate 2 has a temporary on- site detour. Consequently, Alternate 1 is the least environmentally damaging alternative. Aquatic communities are sensitive to even the smallest changes in their environment. Stream channelization, scouring, siltation, sedimentation and erosion from construction- related work would effect water quality and biological constituents. Although direct impacts may be temporary, environmental impacts from these construction processes may result in long term or irreversible effects. Impacts often associated with in-stream construction include increased channelization and scouring of the streambed. In-stream construction alters the stream substrate and may remove streamside vegetation at the site. Disturbances to the substrate will produce siltation, which clogs the gills and/or feeding mechanisms of benthic organisms (sessile filter-feeders and deposit- 13 feeders), fish and amphibian species. Benthic organisms can also be covered by excessive amounts of sediment. These organisms are slow to recover or repopulate a stream. The removal of streamside vegetation and placement of fill material at the construction site alters the terrain. Alteration of the stream bank enhances the likelihood of erosion and sedimentation. Revegetation stabilizes and holds the soil, thus mitigating these processes. Erosion and sedimentation carry soils, toxic compounds and other materials into aquatic communities at the construction site. These processes magnify turbidity and can cause the formation of sandbars at the site and downstream, thereby altering water flow and the growth of vegetation. Streamside alterations also lead to more direct sunlight penetration and to elevations of water temperatures, which may impact many species. 4.0 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. 4.1 Waters of the United States The U.S. Army Corps of Engineers (USACE) promulgated the definition of "Waters of the United States" under 33 CFR §328.3(a). Waters of the United States include most interstate and intrastate surface waters, tributaries,. and wetlands. Areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions are considered "wetlands" under 33 CFR §328.3(b). Wetlands generally include swamps, marshes, bogs, and similar areas. Any action that proposes to place dredge or fill materials into Waters of the United States falls under the jurisdiction of the USACE, and must follow the statutory provisions under Section 404 of the Clean Water Act (CWA) (33 U.S.C. 1344). 4.1.1 Characteristics of Wetlands and Surface Waters Potential wetland communities were investigated pursuant to the 1987 "Corps of Engineers Wetland Delineation Manual". The three-parameter approach is used where hydric soils, hydrophytic vegetation and prescribed hydrologic characteristics must all be present for an area to be considered a wetland. There were no wetland areas located within the project study area. Bear Creek is a jurisdictional surface waters under Section 404 of the Clean Water Act (33 U.S.C. 1344). Discussion of the biological, physical and water quality aspects of Bear Creek are presented in previous sections of this report. 14 4.1.2 Summary of Anticipated Impacts Anticipated impacts to surface waters and to wetlands are determined by using the entire project right-of-way width of 18.3 m (60.0 ft). Surface water impacts pertaining to Alternate 1 have been determined to be 60 linear feet. Surface water impacts for Alternate 2 have been determined to be 90 linear feet. The surface water impacts for Alternate 3 is approximately 120 linear feet. The amount of surface water and impacts may be modified by any changes in roadway design. Usually, project construction does not require the entire right-of- way, therefore, and actual surface water and wetland impacts may be considerably less. There will not be any potential for the components of the deck associated with Bridge No. 11 to be dropped into waters of the U.S. during construction. The resulting temporary fill associated with Bridge No. 11 is 0 m3 (0 yd3). This project can be classified as Case 3, where there are no special restrictions other than those outlined in BMP's. 4.1.3 Permits Clean Water Act §404 establishes a permit program to regulate the discharge of dredged or fill materials into waters of the United States. The USACE, which administers the permit program under CWA §404, established nationwide permits for minor activities, specialized activities, and activities regulated by other authorities. A nationwide permit (NWP) is a permit by rule. In other words, compliance with the NWP rules satisfies the statutory provisions under Section 404 of the CWA (Strand, 1997). Nationwide Permit No. 23, entitled Approved Categorical Exclusions, covers certain activities undertaken, assisted, authorized, regulated, funded, or financed, in whole or in part, by another Federal agency or department. Nationwide Permit No. 23 applies when another Federal agency or department determines that their activity, work, or discharge is categorically excluded from an environmental impact statement (EIS) under the National Environmental Policy Act (NEPA). The activity, work, or discharge becomes categorically excluded when its actions neither individually nor cumulatively have a significant effect on the human environment. Also, the Office of the Chief of Engineers must receive notice of the agency's or department's application for the categorical exclusion and concur with the categorical exclusion determination (61 FR 65874, 65916; December 13, 1996). The project's impacts on the waters of the United States will likely require a NWP 23. Clean Water Act §401 authorizes states to determine whether activities permitted by the federal government comply with state water quality standards. The DWQ may require a Section 401 Water Quality Certification if a project fills or substantially modifies waters or wetlands. North Carolina developed General Certifications (GCs) that satisfy CWA §401 and correspond to the Corps of 15 Engineers' NWPs (NCDENR, DWQ, Water Quality Section, Wetlands Water Quality Certification; undated Internet site). Water Quality Certification No. 3107, which corresponds to NWP 23, will likely be required for the project's impacts to wetlands and waters. 4.1.4 Mitigation The COE has adopted, through the Council on Environmental Quality (CEQ), a wetland mitigation policy which embraces the concept of "no net loss of wetlands and surface waters" and sequencing. The purpose of this policy is to restore and maintain the chemical, biological and physical integrity of Waters of the United States, specifically wetlands. Mitigation of Waters of the U.S. has been defined by the CEQ to include: avoiding impacts (to surface waters), minimizing impacts, rectifying impacts, reducing impacts over time and compensating for impacts (40 CFR §1508.20). Each of these three aspects (avoidance, minimization and compensatory mitigation) must be considered sequentially. 4.1.4.1 Avoidance Avoidance mitigation examines all appropriate and practicable possibilities of averting impacts to Waters of the United States. According to a 1990 Memorandum of Agreement (MOA) between the Environmental Protection Agency (EPA) and the USACE, in determining "appropriate and practicable" measures to offset unavoidable impacts, such measures should be appropriate to the scope and degree of those impacts and practicable in terms of cost, existing technology and logistics in light of overall project purposes. Total avoidance is not possible because of the replacement of the existing bridge, which will affect Waters of the United States. 4.1.4.2 Minimization Minimization includes the examination of appropriate and practicable steps to reduce the adverse impacts to Waters of the United States. Implementation of these steps will be required through project modifications and permit conditions. Minimization typically focuses on decreasing the footprint of the proposed project through the reduction of median widths, ROW widths, fill slopes and/or road shoulder widths. Other practical mechanisms to minimize impacts to Waters of the United States crossed by the proposed project include: strict enforcement of sedimentation control BMP's for the protection of surface waters during the entire life of the project, reduction of clearing and grubbing activity; reduction/elimination of direct discharge into streams, reduction of runoff velocity; re-establishment of vegetation on exposed areas, minimization of "in- stream" activity, covering of exposed fill material and litter/debris control. 16 4.1.4.3 Compensatory Mitigation In most situations, the NCDOT must avoid and minimize to the maximum extent possible all unavoidable adverse impacts to the waters of the United States before considering compensatory mitigation. Compensatory mitigation includes restoring, creating, and/or enhancing waters of the United States. The NCDOT should make every effort to conduct mitigation activities in areas adjacent or contiguous to the discharge site. The USACE usually requires compensatory mitigation for activities authorized under CWA §404 if unavoidable impacts to waters of the United States total more than 0.45 ha (1.0 ac) of wetlands or 152.4 linear m (500 linear ft) of perennial and intermittent streams. The DWQ may require compensatory mitigation for activities authorized under a CWA §401 permit if unavoidable impacts to waters of the United States total more than 0.45 ha (1.0 ac) of wetlands and/or 45.7 linear m (150 linear ft) of perennial streams. Written approval of the final mitigation plan is required from the DWQ before the regulatory agency issues a Section 401 Water Quality Certification. The USACE determines final permit and mitigation decisions under Section 404 of the CWA. Compensatory stream mitigation will probably not be required for the project. Estimated unavoidable stream impacts under Alternate 1, Alternate 2 and Alternate 3 fall below compensatory mitigation levels required by the regulatory agencies. Compensatory mitigation for wetlands will not be required because the project will not impact wetlands. The regulatory agencies will ultimately provide final permit and mitigation decisions for the project. 4.2 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 (FWS). Other species may receive additional protection under separate state laws. 4.2.1 Federally-Protected Species Plants and animals with federal classifications of Endangered (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 May 13, 1999 the FWS lists one federally protected species for Davie County. 17 Table 2. Federally Protected Species for Davie County. Scientific Name Common Name Status Rhus michauxii Michaux's sumac E "E"- Endangered- a species in danger of extinction throughout all or a significant portion of its range. Name: Michaux's sumac (Rhus michauxii) Family: Cashew (Anacardiaceae) Federal Status: Endangered Listed: September 28, 1989 Michaux's sumac is endemic to the inner Coastal Plain and Piedmont physiographic provinces of Virginia, North Carolina, South Carolina and Georgia. Most populations occur in North Carolina. This species prefers sandy, rocky, open woods and roadsides. Its survival is dependent on disturbance (mowing, clearing, fire) to maintain an open habitat. It is often found with other members of its genus as well as with poison ivy (Toxicodendron radicans). There is no longer believed to be an association between this species and specific soil types. Michaux's sumac is a dioecious shrub growing to a height of 0.3-0.6 m (1.0-2.0 ft). Plants flower in June, producing a terminal, erect, dense cluster of 4-5 parted greenish-yellow to white flowers. Fruits, produced from August through September, are red, densely short-pubescent drupes, 5-6 mm (0.25 in) across. Most populations, however, are single sexed and reproduce only by rhizomes. The entire plant is densely pubescent. The deciduous leaves are composed of 9-13 sessile, oblong leaflets on a narrowly winged or wingless rachis. The acute to acuminate leaflets have rounded bases and are 4-9 cm (1.5-3.5 in) long and 2-5 cm (1.0-2.0 in) wide. They are simply or doubly serrate. This species is threatened by loss of habitat. Since its discovery, 50 percent of Michaux's sumac habitat has been lost due to its conversion to silvicultural and agricultural purposes and development. Fire suppression and herbicide drift have also negatively impacted this species. Biological Conclusion: No Effect A plant by plant survey for Michaux's sumac was conducted in the project study area on May 10, 1999 by NCDOT biologists Chris Murray and Jared Gray. The survey covered areas of suitable habitat such as irregularly maintained shoulder and forested maintained ecotones. Prior to conducting this survey, a known Michaux's sumac population was visited to familiarize us with the species. Survey methodology involved was walking the length of the project looking for areas with suitable habitat. Once the survey area was determined, habitat was found and surveyed on foot by the above mentioned biologists. Although suitable habitat was located, no Michaux's sumac was found anywhere within the project study area. The NCNHP database of rare species and unique habitat does not 18 list any populations of Michaux's sumac within 1,6 km (1.0 mi.) of the project study area. Therefore, this project will not impact Michaux's sumac. 4.5.2 Federal Species of Concern According to the May 13, 1999 USFWS list, one Federal Species of Concern (FSC) listed for Davie 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), 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. Table 3 lists Federal Species of Concern, the species state status (if afforded state protection) 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. Table 3. Federal Species of Concern For Davie County. Scientific Name Common Name NC Status Habitat Lotus helleri Heller's trefoil C* Yes "C"--A Candidate species is one which is very rare in North Carolina, generally with 1-20 populations in the state, generally substantially reduced in numbers by habitat destruction, direct exploitation or disease. The species is also either rare throughout its range or disjunct in North Carolina from a main range in a different part of the country or the world. * -- Historic record - the species was last observed in the county more than 50 years ago. Surveys for the above-mentioned species were not conducted during the site visit, nor were these species observed during the site visit. A search of the NCNHP database of rare and unique habitats revealed no records of FSC or State listed species in the project area. 5.0 References American Ornithologists' Union. 1983. Checklist of North American Birds (6th ed.). Lawrence, Kansas, Allen Press, Inc. 19 J Amoroso, Jame L., and A. S. Weakley, 1999. "Natural Heritage Program List of the Rare Plant Species of North Carolina". North Carolina Natural Heritage Program. Cowardin, Lewis M., et al, 1979. Classification of Wetlands and Deepwater Habitats of the United States, U.S. Fish and Wildlife Service, Washington, D.C. Environmental Laboratory. 1987. "Corps of Engineers Wetlands Delineation Manual," Technical report Y-87-1, U.S. Army Engineer Waterways Experiment Station, Vicksburg, Miss. Lee, D.S., J.B. Funderburg, Jr. and M.K. Clark. 1982. A Distributional Survey of North Carolina Mammals. Raleigh, North Carolina Museum of Natural History. LeGrand, Jr., H.E., and S. P. Hall, 1999. "Natural Heritage Program List of the Rare Animal Species of North Carolina". North Carolina Natural Heritage Program. Martof, B.S., W.M. Palmer, J.R. Bailey and J.R. Harrison III. 1980. Amphibians and Reptiles of the Carolinas and Virginia. Chapel Hill, The University of North Carolina Press. Menhinick, E.F. 1991. The Freshwater Fishes of North Carolina. N.C. WRC., Raleigh. North Carolina Department of Environment and Natural Resources (NCDEHNR). 1996. Basinwide Assessment Report Support-Neuse River Basin. Division of Water Quality. 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. 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. Fish, Fredric F. 1969. A Catalog of the Inland Fishing Waters of North Carolina. The Graphic Press. Raleigh. Webster, W.D., J.F. Parnell and W.C. Biggs. 1985. Mammals of the Carolinas, Virginia and Maryland. Chapel Hill, The University of North Carolina Press. h 20 k North Carolina Department of Environment and Natural Resources, The Division of Water Quality, Water Quality Section, Wetlands Water Quality Certification; undated Internet site; (http://h2o.enr.state.nc.us/wetlandc.html). NCDENR-DWQ, 1999. The Division of Water Quality, Stream Section, Classification for streams in North Carolina. Internet webpage: hftp://h2o.enr.state.nc.us./Strmclass/classes2.htmi. Strand, Margaret N. 1997. Wetlands Deskbook, 2nd Edition. Washington, D.C., Environmental Law Institute. U.S. Fish and Wildlife Service. 1993. Michaux's Sumac Recovery Plan. U.S. Fish and Wildlife Service. Atlanta, GA. 30 pp. Patrick, T.S., J.R. Allison, and G.A. Krakow. 1995, Protected Plants of Georgia. Georgia Department of Natural Resources. 248 pp.