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HomeMy WebLinkAbout20010427 Ver 1_Complete File_20010321 a 1 (-)q z-7 JAN 8 200, STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. P.O. BOX 25201, RALEIGH, N.C. 27611-5201 DAVID McCOY GOVERNOR SECRETARY January 16, 2001 MEMORANDUM TO: Judith Johnson* NC Wildlife Resources Commission John Alderman NC Wildlife Resources Commission David Co'* NC Wildlife Resources Commission John Hennessy* US Division of Water Quality John Hammond* US Fish & Wildlife Tom McCartney.* US Fish & Wildlife Dale Suiter* US Fish & Wildlife Dan Hinton* Federal Highway Administration Jake Riggsbee Federal Highway Administration Jean Manuele* US Army Corps of Engineers Linda Pearsall NC Natural Heritage Program Ken Pace* NCDOT - Roadside Environmental Unit Jeff Renn* NCDOT - Roadside Environmental Unit Hearbert Locklear* NCDOT - Structure Design Unit Walker Armistead* NCDOT - Structure Design Unit Thomas Payne* NCDOT - Structure Design Unit Jerome Nix* NCDOT - Hydraulics Unit Marshall Clawson* NCDOT - Hydraulics Unit Chris Kreider* NCDOT - Soils & Foundations Ron Allen* NCDOT - Roadway Design Unit David Bass* NCDOT - Roadway Design Unit Tracy Parrott* NCDOT - Division 5 Construction Chris Murray* NCDOT - Division 5 Environmental Officer Ron Hancock* NCDOT - Area Bridge Construction Ellis Powell NCDOT - Bridge Construction Tim Savidge* Project Development & Environmental Analysis Logan Williams* Project Development & Environmental Analysis Michael Wood* Project Development & Environmental Analysis * These people attended at least one of the meetings. FROM: Robin C. Young PDEA, Project Planning Engineer SUBJECT: Section 7 Meetings for the dwarf wedge mussel Project B-2972 Section 7 Meeting Commitments Page i of 3 B-2972 Franklin County s Section 7 consultation meeting for the dwarf wedge mussel was held in Franklin County at the subject bridge site on September 22, 2000. A follow-up meeting was held in the Board of Transportation Conference Room at the Transportation Building on December 14, 2000. The attendees agreed upon the following. B-2972 Bridge No. 22 on NC 58 over Red Bud Creek (Let Date April 17, 2001) No Clearing or Grubbing from November 15 to April 1. No in-stream construction from April 1 to June 15. Weep holes will be configured so that the run-off does not fall into the stream and no wet concrete will come in contact with the water. The new structure will be a 3-span cored slab bridge. Piles driven shall be encased. For all in-stream work, horseshoe turbidity curtains will be used for driving piles and removing the existing abutments. Removal of the abutments may require cofferdams instead of turbidity curtains. Turbidity curtains shall not be draped across the entire stream, only around the area of activity. Under no circumstances will temporary fill material, construction causeways, or construction equipment be allowed into the river, defined as the normal flow channel to bank full height. If a temporary work platform is needed for removal of existing structure, temporary piles or similar devices may be driven into the river bottom to support the work platform. No separate payment will be made for the temporary work platform as it is considered incidental to the removal of the existing structure. Details of work platform shall be submitted to the resident engineer for approval. A survey of the area will be completed prior to let. A copy of the survey results shall be sent to the US Fish & Wildlife Service, Wildlife Resource Commission, and the US Army Corps of Engineers. If there are fallen trees in the streambed, and if the trees are in the Right of Way of the project, the trunks and limbs of the trees are to be sawed off and removed (not to be dragged out, but lifted). The root system is to be left in place, as is. High Quality Waters - Soil and Erosion Control Measures will be installed concurrently with clearing and grubbing operations, and properly maintained throughout project construction. This is an Environmentally Sensitive Area (ESA). The erosion control plans will be designated to High Quality Water (HQW) standards. Environmentally Sensitive Areas (ESA) will be defined on the plans, which consist of a 50-foot (15-meter) buffer zone on both sides of the stream. The contractor may perform clearing operations, but not grubbing operations in the Environmentally Sensitive Areas (ESA), until immediately prior 4o beginning grading operations. Once grading operations begin in Environmentally Sensitive Areas (ESA), as specified on the plans, work will progress in a continuous manner until complete. Section 7 Meeting Commitments Page 2 of 3 B-2972 Franklin County Seeding and mulching will be performed immediately following final grade establishment. Stage seeding will be performed on cut and fill slopes as grading progresses. The project will be designed using a "Special Hardware Cloth" erosion control device, which will be used where needed along the stream banks.. Rock workpads will be established on both banks if heavy equipment will be located and/or used, to minimize risk of sediment entering the stream. Appropriate care shall be taken by the contractor when placing the pad. . Abutments will be removed. The footings of the abutments are on top of timber piles. The timber piles will be cut off at the streambed. The interior bent will be removed such that the minimal amount of debris will fall into the stream. Most likely, this will require breaking it into sections and lifting it out one section at a time. The interior bent should not be dragged off in one piece because this will damage the streambed: Removal of the abutments should be done "in the dry". Most likely, the best time for this is mid to late summer when the stream should be at a low flow condition. If there is any water at the existing footing of the abutments, De-Watering must be used. If this is necessary, cofferdams will be placed around the footings to hold water out of the excavation. Cofferdams may include timber cribs, sheet piling, steel shells, or similar structures, as well as necessary bracing. Pumping wells or well points will be used in conjunction with the cofferdams. After removal of the abutments and footings, before the cofferdams are removed, the soil will be stabilized. If needed, temporary seeding will be placed before putting down the Rip Rap and Fabric. Since there is a chance de-watering and cofferdams may be used, a Nationwide Permit # 33 must be obtained from the Army Corps of Engineers. Written concurrence is required from John Hennessy of the North Carolina Division of Water Quality (NCDWQ). The permit specialist, Mike Wood will send the request for this concurrence. Equipment will be maintained such that hydraulic fluids, oil, gasoline, or other chemicals will not enter the stream. If chemicals are spilled on the site, they will be cleaned up immediately and not allowed to filter down into the soil. Stormwater runoff will not be channeled directly into the stream. North Carolina Wildlife Resource Commission (NCWRC) and US Fish and Wildlife Service (USFWS) will be notified in writing to attend the pre-construction meeting. Section 7 Meeting Commitments Page 3 of 3 B-2972 Franklin County B-2972 Bridge No. 22 on NC 58 over Red Bud Creek No Grubbing from November 15 to April 1. No in-stream construction from April 1 to June 15. No weep holes directly discharged over the water. Piles driven shall be encased. For all in-stream work, horseshoe turbidity curtains will be used for driving piles and removing the existing pile in the middle of the stream. Under no circumstances will temporary fill material, construction causeways, or construction equipment be allowed into the river, defined as the normal flow channel to bank full height. If a temporary work platform is needed for removal of existing structure, temporary piles or similar devices may be driven into the river bottom to support the work platform. No separate payment will be made for the temporary work platform as it is considered incidental to the removal of the existing structure. Details of work platform shall be submitted to the resident engineer for approval. A survey of the area will be completed prior to let. A copy of the survey results shall be sent to the US Fish & Wildlife Service, Wildlife Resource Commission, and the US Army Corps of Engineers. If there are fallen trees in the stream bed, and if the trees are in the Right of Way of the project, the trunks and limbs of the trees are to be sawed off and removed. The root system is to be left in place, as is. High Quality Waters - Soil and Erosion Control Measures will be installed concurrently with clearing and grubbing operations, and properly maintained throughout project construction. This is an Environmentally Sensitive Area (ESA). The erosion control plans will be designated to High Quality Water (HQW) standards. Environmentally Sensitive Areas (ESA) will be defined on the plans which consist of a 50 foot (15 meter) buffer zone on both sides of the stream. The contractor may perform clearing operations, but not grubbing operations in the Environmentally Sensitive Areas (ESA), until immediately prior to beginning grading operations. Once grading operations begin in Environmentally Sensitive Areas (ESA), as specified on the plans, work will progress in a continuous manner until complete. Seeding and mulching will be performed immediately following final grade establishment. Stage seeding will be performed on cut and fill slopes as grading progresses. The project will be designed using a "Special Hardware Cloth" erosion control device, which will be used where needed along the stream banks. The new structure will be a 3-span cored slab bridge. DRAFT COMMITTMENTS 01 C) F-7 Section 7 Meeting Commitments Page 2 of 2 Franklin County b STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY LYNDo TIPPETT GOVERNOR SECRETARY March 19, 2001 U.S. Army Corps of Engineers A n G Regulatory Field Office 1 ® 6508 Falls of the Neuse Road Suite 120 Raleigh, NC 27609 ATTN: Ms. Jean Manuele NCDOT- Coordinator Dear Madam: SUBJECT: NATIONWIDE PERMIT 23 APPLICATION FOR REPLACEMENT OF BRIDGE NO. 22 OVER RED BUD CREEK ON NC 58, FRANKLIN COUNTY, TIP NO. B-2972. Attached for your information is a copy of the Categorical Exclusion Action Classification Form (CE), the Natural Resources Technical Report (NRTR) and the Section 7 information for the subject project. NCDOT proposes to replace the existing structure with 3-span cored slab bridge. The new approach roadway will be a 6.6 meter (22-foot) travelway with shoulder widths of at least 1.8 meters (6-feet). Traffic will be detoured onto existing roads during construction. . The CE originally called for replacing the existing bridge with a three barrel box culvert. The reason for this change was the discovery of the federally protected dwarf wedge mussel (Alasmidonta heterodon) directly downstream of the bridge. As a result of this discovery, an informal Section 7 Consultation was initiated. After many meetings both in the field and office, a list of Environmental Commitments were established that, if adhered to during construction, will likely not adversely affect the dwarf wedge mussel. The USFWS concurred with this Biological Conclusion in a letter dated February 23, 2001. A copy of this letter, the Environmental Commitments, and all related Section 7 correspondences are included in Appendix B. A permit drawing that shows the limits of the new bridge, placement and details of the sediment and erosion control devices, and the environmentally sensitive area is also included in Appendix B. There are no wetlands within the project area. It will likely be necessary to install cofferdams to remove the existing abutments and footings. While the details of the 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 i cofferdam will be determined by the Contractor, the requirements by which the cofferdam must adhere to are detailed in the Environmental Commitments. Therefore, any temporary surface water impacts will conform to these conditions. The existing structure has two spans totaling 54 feet (16 meters) in length. The superstructure is composed of reinforced concrete abutments and in interior pier. Steel has been added around the interior pier for extra support. The spans, abutments, and pier total 475 cubic yards. The potential exists, however unlikely, for some of this material to fall in the creek during removal. NCDOT will immediately notify agency personnel if this were to occur. The project is being processed by the Federal Highway Administration as a "Categorical Exclusion" in accordance with 23 CFR 771.115(b). NCDOT proposes to proceed under a Nationwide Permit in accordance with 33 CFR 330 Appendix A (B-23) issued March 9, 2000, by the Corps of Engineers. A Nationwide Permit 33 is also requested for the activities aforementioned. The provisions of Section 330.4 and appendix A (C) of these regulations will be followed during project construction as well as the Environmental Commitments in Appendix B. We anticipate that 401 General Water Quality Certification No. 3107 (Categorical Exclusion) will apply to this project, and are providing seven copies of the application to the North Carolina Department of Environment, Health and Natural Resources, Division of Water Quality, for their review. If you have any questions or need any additional information, please contact Mr. Michael Wood at (919) 733-1194. Sincerely, William D. Gilmore, PE, Manager Planning and Environmental Branch cc: w/ attachment Mr. David Franklin, USACE, NCDOT Coordinator Mr. John Dorney, Division of Water Quality Mr. Timothy V. Rountree, P.E., Structure Design w/o attachments Mr. John Alford, P.E., Roadway Design Mr. Calvin Leggett, P.E., Program Development Ms. Debbie Barbour, P.E., Highway Design Mr. Dave Henderson, P.E., Hydraulics Mr. J. G. Nance, P.E., Division 5 Engineer Ms. Robin Young, Project Development & Project Analysis Appendix A Categorical Exclusion and Natural Resources Technical Report N CATEGORICAL EXCLUSION ACTION CLASSIFICATION FORM TIP Project No.: B-2972 010427 State Project No.: 8.1360901 Federal-Aid Project No.: BRSTP-58(5) A. B. C: Project Description : NCDOT will replace Bridge No. 22 on US 58 over Red Bud Creek in Franklin County. The bridge will be replaced with a three barreled culvert, with each barrel measuring 4.3 meters (14 feet) by 3.4 meters (11 feet). The new approach roadway will be a 6.6 meter (22 foot) travelway with shoulder widths of at least 1.8 meters (6 feet). Traffic will be detoured on existing secondary roads during construction. Bridge No. 22 has a sufficiency rating of 62.5 out of 100; but this is due to recent reinforcement of the center bent of the bridge. The deck of Bridge No. 22' is only 5.2 meters (17 feet) wide. For these reasons Bridge No. 22 needs to be replaced. Proposed Improvements: Circle one or more of the following Type II improvements which apply to the project: 1. Modernization of a highway by resurfacing, restoration, rehabilitation, reconstruction, adding shoulders, or adding auxiliary lanes (e.g., parking weaving, turning, climbing). a. Restoring, Resurfacing, Rehabilitating, and Reconstructing pavement (3R and 4R improvements) b. Widening roadway and shoulders without adding through lanes c. Modernizing gore treatments d. Constructing lane improvements (merge, auxiliary, and turn lanes) e. Adding shoulder drains f. Replacing and rehabilitating culverts, inlets, and drainage pipes, including safety treatments g. Providing driveways 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 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 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 Environmental Commitments: 1. High Quality Water (HQW) sedimentation and erosion control measures will be implemented and strictly maintained throughout project construction. 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 2020 $ 450,000 $ 24.000 $ 474,000 800 VPD 1500 VPD Proposed Typical Roadway Section: The approach roadway will be 6.6 meters (22 feet) wide with at least 1.8 meter (6 foot) shoulders. Shoulder width will be increased to at least 2.7 meters (9 feet) where guardrail is warranted. (9) Does the project involve any known underground storage tanks (UST's) or hazardous materials sites? ? X PERM ITS 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 1 X F Environmental Concern" (AEC)? (11) Does the project involve Coastal Barrier Resources Act resources? F-1 X (12) Will a U. S. Coast Guard permit be required? X (13) Will the project result in the modification of any existing regulatory floodway? X (14) Will the project require any stream relocations or channel - changes?' 1 X F SOCI AL., ECONOMIC, AND CULTURAL RESOURCES 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? F-1 X (17) Will the project have a disproportionately high and adverse human health and environmental effect on any minority or low-income population? X (18) If the project involves the acquisition of right of way, is the amount of right of way acquisition considered minor? ? X - (19) Will the project involve any changes in access control? 1 X F (20) Will the project substantially alter the usefulness and/or land use of any adjacent property? X (21) Will the project have an adverse effect on permanent local traffic patterns or community cohesiveness? ? X (22) Is the project included in an approved thoroughfare plan and/or ? Transportation Improvement Program (and is, therefore, in X conformance with the Clean Air Act of 1990)? 5 G. CE Approval TIP Project No.: B-2972 State Project No. 8.1360901 Federal-Aid Project No.: BRSTP-58(5) Project Description : NCDOT will replace Bridge No. 22 on US 58 over Red Bud Creek in Franklin County. The bridge will be replaced with a three barreled culvert, with each barrel measuring 4.3 meters (14 feet) by 3.4 meters (11 feet). The new approach roadway will be a 6.6 meter (22 foot) travelway with shoulder widths of at least 1.8 meters (6 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 i-/Y-% wo y'?J*-- Date Project Planning Unit Head I -!fig JYL? ':_1 Date Project Planning Engineer For Type II (B) projects only: Not Required Date Division Administrator Federal Highway Administration 7 '1451 (mot ?' .row / , . ti ; ?• 1448 / =v S 1450 s 1461 ' 17 1460 N .5 r•. lam- 1449 Dftr 1449 462 co 1449 J 1456 !Tit. Le"I 9 1406 .3 .2 T3 . 5 3 1425 Q ?s 5 1425 'T `;1 'X'' / \ yl \\o C 15 y \1467 0 1463 '407 ? C l 1464 a6s to 0 1465 - Red 1 01 1468' 1466 '.-P- d" . Creek *- BJr , / i 132, 9 ,1469 ? 1468 N 1467 ? 7.0 aroods 140= .6 .5 i 1 0 a 0 . 4 5 TumDllnq --' 1617 ,i /" D -----1 1622 i ' ' 62 1330 CASTALIA t? 7 1 1 POP. 257 -? 9 7 t 1 'Epsom t M 1 t / Alert Ingleside i Centervi -Wood 2 \ ,tklinton +t.ouisbur* 9 9 pleville Justice .119 1 7% to 4 1 `? /, Youn[sville <Ol ?t 3910 „A 6 A `5 New Hope i 4 _ Bunn Sr on il 6 ey , Pe rtes ilot./ 3 4 ` Studied Detour Route North Carolina Department of ?Transportation Division of Highways Planning & Environmental Branch .,oFmri!s, Franklin County Replace Bridge No. 22 on NC 58 Over Red Bud Creek B-2972 1 Figure One ?' STATp u A North Carolina Department of Cultural Resources James B. Hunt Jr., Governor Division of Archives and History Betty Ray McCain, Secretary Jeffrey J. Crow, Director March 10, 1997 Nicholas L. Graf Division Administrator Federal Highway Administration Department of Transportation 310 New Bern Avenue Raleigh, N.C. 27601-1442 Re: Bridge #22 on NC 58 over Red Bud Creek, Franklin County, B-2972, Federal Aid Project BRSTP-58(5), State Project 8.136090 1, ER 97- 8350 Dear Mr. Graf: On March 5, 1997, 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, Bridge #22 is the only structure in the project's area of potential effect that is over fifty years old. We recommend that an architectural historian with NCDOT evaluate the bridge for National Register eligibility and report the findings to us. The subject project is in an area of high probability for the presence of archaeological sites. We, therefore, recommend that any new areas of construction, including temporary detours, lateral ditches, and temporary access roads be surveyed. 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 ??? Federal Aid # BRSTP-58(5) TIP # B-2972 County: Franklin CONCURRENCE FORM FOR PROPERTIES NOT ELIGIBLE FOR THE NATIONAL REGISTER OF HISTORIC PLACES Project Description: Replace Bridge No. 22 on NC 58 over Red Bud Creek On August 21, 1997, representatives of the [D North Carolina Department of Transportation (NCDOT) C] Federal Highway Administration (FHWA) ® North Carolina State Historic Preservation Office (SHPO) Other reviewed the subject project at Scoping meeting ® Historic architectural resources photograph review session/consultation n Other All parties present agreed E] there are no properties over fifty years old within the project's area of potential effects. ® there are no properties less than fifty years old which are considered to meet Criteria Consideration G within the project's area of potential effects. ® there are properties over fifty years old within the project's area of potential effects, but based on the historical information available and the photographs of each property, the property identified as Bridge No. 22 is considered not eligible for the National Register and no further evaluation of them is necessary. ® there are no National Register-listed properties within the project's area of potential effects. Signed: ?1 DOT the Divisi Administrator, or other Federal Agency Representative; ..,? (. 21 t q 9 'I Date Date Historic Preservation Officef / If a survey report is prepared. a final copy of this form and the attached list will be included. 9111a-1 Date s „a SfAlpo STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. GOVERNOR DIVISION OF HIGHWAYS P.O. BOX 25201, RALEIGH. N.C. 27611-5201 03 November 1997 MEMORANDUM TO FROM: Wayne Elliot, Unit Head Bridge Unit GARLAND B. GARRETT JR. S ECRETARY Marc Recktenwald, Environmental Biologist Environmental Unit SUBJECT: Natural Resources Technical Report for the proposed replacement of bridge No. 22 on NC 58 over Red Bud Creek, Franklin County. TIP No. B-2972, State project No. 8.2404901, Federal aid project No. BRSTP-58(5). ATTENTION: Bill Goodwin, P.E., Project Manager Project Planning Unit REFERENCE: Protected species survey memo prepared by Tim Savidge, November 1997. The following report is submitted to assist in the preparation of a Programmatic Categorical Exclusion (PCE) 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 minimal approach work. The existing structure is on concrete deck girders with concrete bents and end bents. The proposed structure is a three barrel RBC, each barrel being 4.3 m (14 ft) by 3.4 m (11 ft). The project length is approximately 152 m (500 ft). The proposed right of way for this project is to remain the same as the existing right of way which is 18 m (60 ft). Traffic will be detoured off-site during the construction of the proposed project. e METHODOLOGY Field investigations were conducted on 06 August 1997 by NCDOT biologists Marc Recktenwald, Chris Rivenbark, and Teryn Smith, with NCDOT Protected Species Coordinator Tim Savidge and NCDOT Transportation Technician II Deborah Terrell to assess natural resources at the project site. 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). 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 a/. (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 The water resource crossed by the proposed project is Red Bud Creek [Department of Environmental Management (DEM) Index No. 28-78-1-17]. The Division of Water Quality (DWQ) best usage classification assigned to this water resource is C NSW. Class C waters are defined as waters suitable for aquatic life propagation and survival, fishing, wildlife, secondary recreation and agriculture. The NSW (Nutrient Sensitive Waters) subclassification refers to waters which require limitations on nutrient imputs. Red Bud Creek has its confluence with Sandy Creek [DEM Index No. 28-78-1-(14)] approximately 6.8 km (4.2 mi.) downstream of the project area. Sandy Creek becomes Swift Creek [DEM Index No. 28-78-(0.5)] approximately 7.7 km (4.8 mi) downstream from the Sandy Creek/Red Bud Creek confluence. Both Sandy Creek and Swift Creek have a DWQ Best Usage Classification of C NSW. These water resources lie in the Tar-Pamlico River Basin. No High Quality Waters or Outstanding Resource Waters exist in the project area. However, Red Bud Creek lies within proposed critical habitat for the tar spinymussel. Therefore, the highest NCDOT's Best Management Practices for the Protection of Surface Waters, high quality water construction standards, must be applied and strictly enforced for this project. These guidelines must be strictly enforced during the construction phase of the project. Terrestrial Communities There is one type of terrestrial community currently existing in the project area, maintained roadside shoulder. Maintained Roadside Shoulder This community includes areas that are highly maintained in an early successional state. They are subject to frequent mowing and/or herbicide use. Having been subjected to some type and degree of disturbance in the past, many species found in this type of community are highly adaptive and have the ability to repopulate an area quickly after disturbance. 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 communities are fescue (Festuca sp.), wild onion (Allium canadense), broomsedge (Andropogon virginica), blackberry (Rubus argutus), Japanese honeysuckle (Lonicera japonica), goldenrod (Solidago sp.), privet, Carolina geranium (Geranium carolinianum), wild carrot (Daucus carota), Virginia creeper (Parthenocissus quinquefolia), grape (Vitus spp.) and dog fennel (Anthemis cotula). Wildlife resources in this community are limited by the high degree of maintenance that occurs on residential developments and roadside shoulder. 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 (Procyon lotor), eastern harvest mouse (Reithrodontomys humulis), hispid cotton rat (Sigmodon hispidus), eastern fence lizard (Sceloporus undulatus), Carolina chickadee (Parus carolinensis), mourning dove (Zenaida macroura), common grackle (Quisca/us major), European starling (Sturnus vulgaris), and black racer (Coluber constrictor). Aquatic Communities One aquatic community type, piedmont perennial stream, will be impacted by the proposed project. Piedmont Perennial Stream The piedmont perennial stream, Red Bud Creek, contains habitat for various species of freshwater fish, benthic macro invertebrates and aquatic insects. Water boatman* (family Corixidae) and water striders* (family Gerridae) are common in pools and along stream edges. Fish species expected in these waters include tesselated darter (Etheostoma olmstedi), bluehead chub (Nocomis leptocephalus), creek chub (Nocomis leptocephalus), redfin pickerel (Esox americanus) margined madtom (Noturus insignis) and bluegill (Lepomis macrochirus). Benthic macro invertebrates include elliptio (Elliptio spp.), eastern floater (Pyganadon cataracta), notched rainbow (Villosa constricta), paper pondshell (Utterbackia imbecilis), triangle floater (Alasmidonta undulata), and eastern creekshell ( Villosa delumbis). 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 are anticipated. Jurisdictional surface waters are present in the form of a piedmont perennial stream. Impacts can be minimized with NCDOT Best Management Practices. 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." The proposed project will directly impact 18 m (60) linear feet of surface waters. No wetland impacts will occur due to the construction of this project. There are also indirect impacts to surface waters associated with bridge construction projects. These impacts include changes in flooding, discharge, erosion and sedimentation regimes. The implementation of NCDOT's Best Management Practices for the Protection of Surface Waters, high quality water construction standards, will reduce any water resource impact caused by project construction. No wetland impacts will occur due to the construction of this project. Water Permits Nationwide 23 Permit A Nationwide Permit 33 CFR 330.5(a) (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 05 May 1997, the FWS lists three federally-protected species for Franklin County (Table 1). A complete description along with a biological conclusion for each species follows Table 1. Table 1. Federally Protected Species for Franklin County. Scientific Name Common Name Status Rhus michauxii Michaux's sumac E Alasmidonta heterodon Dwarf wedge mussel E Elliptio steinstansana Tar spiny mussel E Note: "E" denotes Endangered (a species that is threatened with extinction throughout all or a significant portion of its range). Rhus michauxii (Michaux's sumac) Endangered Plant Family: Anacardiaceae Federally Listed: 28 September 1989 Flowers Present: June Michaux's sumac is a densely pubescent rhizomatous shrub. The bases of the leaves are rounded and their edges are simply or doubly serrate. The flowers of Michaux's sumac are greenish to white in color. Fruits, which develop from August to September on female plants, are a red densely short-pubescent drupe. This plant occurs in rocky or sandy open woods. Michaux's sumac is dependent on some sort of disturbance to maintain the openness of its habitat. It usually grows in association with basic soils and occurs on sand or sandy loams. Michaux's sumac grows only in open habitat where it can get full sunlight. Michaux's sumac does not compete well with other species, such as Japanese honeysuckle, with which it is often associated. Biological Conclusion: No Effect During the site visit the areas of open roadside shoulder habitat were searched for the presence of this plant. No specimens were found. In addition, a search of the NCNHP database of rare species and unique habitats revealed no records of Michaux's sumac being present in the project area. Therefore, this project will not affect this species. Alasmidonta heterodon (dwarf wedge mussel) Endangered Animal Family: Unionidae Date Listed: 14 March 1990 The dwarf wedge mussel is a small mussel having a distinguishable shell noted by two lateral teeth on the right half and one on the left half. The periostracum (outer shell) is olive green to dark brown in color and the nacre (inner shell) is bluish to silvery white. Known populations of the dwarf wedge mussel in North Carolina are found in portions of the Tar and Neuse drainages This mussel is sensitive to agricultural, domestic, and industrial pollutants and requires a stable silt free streambed with well oxygenated water to survive. Biological Conclusion: No Effect See Reference 1. Elliptio steinstansana (Tar river spiny mussel) Endangered Animal Family: Unionidae Date Listed: 29 July 1997 Distribution in N.C.: Edgecombe, Franklin, Halifax, Nash, Pitt, Vance, Warren. 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 See Reference 1. No Effect cc: V. Charles Bruton, Ph.D., Environmental Unit Head Hal C. Bain, Environmental Supervisor File: B-2972 ? ? 1451 t.v sow /,;? -- N :?., •?" / f ? "?. 1461 14? 1 / % 1460 •N 5 _ f `1 i /, . 1-- 1449 , RJ / 1449 I .? ? / 462 ? • 14x9 q) Br0 . -? 146 3 2 White Level 9 5 3 •4 ( 1406 1425 • ?t425.T T ??? "j ;, ?\ ? \??'?r •S g ?• \ta67 ? •? 1463 } 1464 ^ ti 1407 3 1468 Cn O 1465 Red 14.66 'J \ ?. Creek 1- / 1321 Boy 9 1469 A , ? ? ' ?- / / v s ? 1467 1468 ® 1. o srootis 6 / .X o 14C= 5 .O 4 / 5 .0 Tumbling J 1 I 1617 ?? 1622 / ? t co 1621 1330 CASTALIA 1 1 c? 1 POP. 257 ?? . M ?I Alert - / " 9 f 1 t 1 F t / )-39' 'l Cent Woe n 2le7 561 1 5f U 1 ,? 1 A+.LG-ue.bu-rS;t' q 56 O 561 ? , \ • i Bunn Sr 5 98, irces Pilot I 10 North Carolina Department of ?•, Transportation m =, Division of Highways Planning & Environmental Branch tames. Franklin County Replace Bridge No. 22 on NC 58 Over Red Bud Creek 25 B-2972 Figure One Figure 1 s5wc ° r r STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. DIVISION OF HIGHWAYS GOVERNOR P.O. BOX 25201. RALEIGH. N.C 27611-5201 November 04, 1997 Memorandum To: Wayne Elliot, Unit Head Bridge Unit GARLAND B. GARRE17 JR. SECRETARY Attention: Bill Goodwin, P.E., Project Manager From: Tim Savidge, Environmental Biologist Environmental Unit Subject: Protected species surveys for proposed replacement of bridge no. 58 over Red Bud Creek on NC 58; Franklin County; TIP No. B-2972. Reference: Alderman, J. M., R. C. Wilson and C. McGrath. 1993. Conservation of aquatic critical habitats in North Carolina. Proc. Annu. Conf. Southeast. Assoc. Fish and Wildl. Agencies 47:348- 352. The proposed action calls for the replacement of bridge No. 58 over Red Bud Creek in the existing location, with minimal approach work. Two federally Endangered freshwater mussel species, the dwarf-wedge mussel (Alasmidonta heterodon) and the Tar spiny mussel (Elliptio steinstansana) are listed for Franklin County. In-stream surveys for mussel fauna were conducted at the subject project on August 06, 1997 by NCDOT biologists Tim Savidge, Teryn Smith, Mark Rectenwald and Chris Rivenbark. NCDOT Transportation Technician Deborah Terrell also participated in the surveys. Mussel survey methodology included visual (view bucket) and tactile methods by wading in the stream at the bridge site and to a distance of 300 feet downstream. Water depth was low and mussels were easily found. In 30 minutes of survey time, 591 elliptio mussels (Elliptio spp.), 10 eastern floater (Pyganadon cataracta), 2 notched rainbow (Villosa constricta), which is considered Significantly Rare (SR)* in North Carolina, and 1 paper pondshell (Utterbackia imbecilis) were found by the group. Mussel abundance and diversity increased further downstream of the crossing. Areas further downstream were surveyed by doing "spot checks" in areas of prime substrate. In addition to the above mentioned species, the 2 triangle floater (Alasmidonta undulata) and 2 eastern 0 - creekshell (Villosa delumbis) were also found. These species have North Carolina status's of Threatened (T)* and SR respectively. Biological Conclusion: No Effect Given the survey results, it is apparent that neither the dwarf-wedge mussel, nor the Tar spinymussel occur in the project area. It should be noted that Red Bud Creek flows into Sandy/Swift Creek approximately 6.8 km (4.2 mi) downstream of project crossing. The North Carolina Wildlife Resources Commission (WRC) has identified Swift Creek and its tributaries as one of 25 areas in North Carolina that have formally been proposed as aquatic Critical Habitats (PCH). These habitats are considered essential for the continued survival of endangered or threatened aquatic wildlife species. Certain conservation procedures, such as high quality waters designation and protection, are then established by the state regulatory agencies (Alderman et al. 1993). Presently the WRC is not allowed to designate areas as Critical Habitat; however NCDOT uses the PCHs for guidance in determining if a project will impact a federally listed aquatic species. NCDOT implements HQW standards in the former PCHs that contain federally listed species. Because this projects eventually drains into PCH for the Tar spinymussel and the presence of a diverse mussel fauna in the project area, including the state protected triangle floater, it is recommended that this project by design to HQW standards. North Carolina Status * T (Threatened): Any native or once-native species of wild animal which is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range, or one that is designated as a threatened species pursuant to the Endangered Species Act." (Article 25 of Chapter 113 of the General Statutes; 1987). * SR (Significantly Rare): "Any species which has not been listed by the NCWRC as an Endangered, Threatened, or Special Concern species, but which exists in the state in small numbers and has been determined by the NC Natural Heritage Program to need monitoring. Endangered, Threatened and Special Concern species have legal protection status in North Carolina under the State Endangered Species Act administered and enforced by the North Carolina Wildlife Resources Commission. However the level of protection given to state listed species does not apply to NCDOT activities. cc: V. Charles Bruton, Ph.D., Environmental Unit Head Hal Bain, Environmental Supervisor e: Protected species issues ile: B-2972 w ?!. O 1 0427 CATEGORICAL EXCLUSION ACTION CLASSIFICATION FORM TIP Project No.: B-2972 State Project No.: 8.1360901 *01?ssUFO, Federal-Aid Project No.: BRSTP-58(5) A. Project Description : NCDOT will replace Bridge No. 22 on US 58 over Red Bud Creek in Franklin County. The bridge will be replaced with a three barreled culvert, with each barrel measuring 4.3 meters (14 feet) by 3.4 meters (11 feet). The new approach roadway will be a 6.6 meter (22 foot) travelway with shoulder widths of at least 1.8 meters (6 feet). Traffic will be detoured on existing secondary roads during construction. B. P=ose and Need: Bridge No. 22 has a sufficiency rating of 62.5 out of 100; but this is due to recent reinforcement of the center bent of the bridge. The deck of Bridge No. 22 is only 5.2 meters (17 feet) wide. For these reasons Bridge No. 22 needs to be replaced. C: Proposed Improvements: Circle one or more of the following Type II improvements which apply to the project: 1. Modernization of a highway by resurfacing, restoration, rehabilitation, reconstruction, adding shoulders, or adding auxiliary lanes (e.g., parking weaving, turning, climbing). a. Restoring, Resurfacing, Rehabilitating, and Reconstructing pavement (3R and 4R improvements) b. Widening roadway and shoulders without adding through lanes c. Modernizing gore treatments d. Constructing lane improvements (merge, auxiliary, and turn lanes) e. Adding shoulder drains f. Replacing and rehabilitating culverts, inlets, and drainage pipes, including safety treatments g. Providing driveways 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 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. Special Project Information Environmental Commitments: 1. High Quality Water (HQW) sedimentation and erosion control measures will be implemented and strictly maintained throughout project construction. 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 2020 $ 450,000 $ 24.000 $ 474,000 800 VPD 1500 VPD Proposed Typical Roadway Section: The approach roadway will be 6.6 meters (22 feet) wide with at least 1.8 meter (6 foot) shoulders. Shoulder width will be increased to at least 2.7 meters (9 feet) where guardrail is warranted. 3 (9) Does the project involve any known underground storage tanks (UST's) or hazardous materials sites? ? X PER MITS 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 1 X F Environmental Concern" (AEC)? (11) Does the project involve Coastal Barrier Resources Act resources? X (12) Will a U. S. Coast Guard permit be required? F-1 X (13) Will the project result in the modification of any existing regulatory floodway? ? X (14) Will the project require any stream relocations or channel changes? 7 X SOCI AL, ECONOMIC. AND CULTURAL RESOURCES 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) Will the project have a disproportionately high and adverse human health and environmental effect on any minority or low-income population? X (18) If the project involves the acquisition of right of way, is the amount of right of way acquisition considered minor? ? X - (19) Will the project involve any changes in access control? 1 X F (20) Will the project substantially alter the usefulness and/or land use of any adjacent property? X (21) Will the project have an adverse effect on permanent local traffic patterns or community cohesiveness? ? X (22) Is the project included in an approved thoroughfare plan and/or ? Transportation Improvement Program (and is, therefore, in X conformance with the Clean Air Act of 1990)? 5 G. CE Approval TIP Project No.: B-2972 State Project No. 8.1360901 Federal-Aid Project No.: BRSTP-58(5) Project Description : NCDOT will replace Bridge No. 22 on US 58 over Red Bud Creek in Franklin County. The bridge will be replaced with a three barreled culvert, with each barrel measuring 4.3 meters (14 feet) by 3.4 meters (11 feet). The new approach roadway will be a 6.6 meter (22 foot) travelway with shoulder widths of at least 1.8 meters (6 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 I +4-98 ?? ? !? ` Date Assistant Manager Planning & Environmental Branch lq-98 - Z?6 X.4le- Z-71,?-O -?' Date Project Planning Unit Head 1-tq_ I W j4-46":"4. IL Date Project Planning Engineer For Type II (B) projects only: Not ReQ.uired Date Division Administrator Federal Highway Administration 7 N 1451 1448 10< cell 10i 1461 145° / 1460 N 5 ?" 2 ) .449 3' } _ 1449 / Leer co 1449 ? Brp ? /kA Whits Low1 1456 .3 .2 .3 .5 3 1425 i t i Q - ` • `` `.T , 1406 5 1425 1467 0 1463 1407 • ? ? _ r l - 1464 5 1468 U1 O 1465 Red 1 0 " N 1466 ? I J ?-? Creek ?' '?,? ' . ? / • ? B? S 132, 9 ' 1469 ; _ s 1468 1467 ? ?. o ?r+oads ® 6? X` O 1 Goo .6 .5 + 4 I 1 0 a0 5 Tumbling J 1 1617 ? ',1 ? I/, ?, .? I 4 co 162 1622 / , - CASTALIA 1 1 POP. 257 9 ? 1 1 1 Wood Centervi 1 W \ k Studied Detour Route 4?o€N°"'%?;q? North Carolina Department of Transportation Division of Highways Planning & Environmental Branch `Of tp1??.''-? Franklin County Replace Bridge No. 22 on NC 58 Over Red Bud Creek B-2972 1 Figure One .w SrATF o North Carolina Department of Cultural Resources James B. Hunt Jr., Governor Division of Archives and History Betty Ray McCain, Secretary Jeffrey J. Crow, Director March 10, 1997 Nicholas L. Graf Division Administrator Federal Highway Administration Department of Transportation 310 New Bern Avenue Raleigh, N.C. 27601-1442 Re: Bridge #22 on NC 58 over Red Bud Creek, Franklin County, B-2972, Federal Aid Project BRSTP-58(5), State Project 8.1360901, ER 97- 8350 Dear Mr. Graf: On March 5, 1997, 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 st 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, Bridge #22 is the only structure in the project's area of potential effect that is over fifty years old. We recommend that an architectural historian with NCDOT evaluate the bridge for National Register eligibility and report the findings to us. The subject project is in an area of high probability for the presence of archaeological sites. We, therefore, recommend that any new areas of construction, including temporary detours, lateral ditches, and temporary access roads be surveyed. 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 ?-'1 Federal Aid # BRSTP-58(5) TIP # B-2972 County: Franklin CONCURRENCE FORM FOR PROPERTIES NOT ELIGIBLE FOR THE NATIONAL REGISTER OF HISTORIC PLACES Project Description: Replace Bridge No. 22 on NC 58 over Red Bud Creek On August 21, 1997, representatives of the ® North Carolina Department of Transportation (NCDOT) ? Federal Highway Administration (FHWA) ® North Carolina State Historic Preservation Office (SHPO) ? Other reviewed the subject project at ? Scoping meeting ® Historic architectural resources photograph review session/consultation ? Other All parties present agreed ? there are no properties over fifty years old within the project's area of potential effects. ® there are no properties less than fifty years old which are considered to meet Criteria Consideration G within the project's area of potential effects. ® there are properties over fifty years old within the project's area of potential effects, but based on the historical information available and the photographs of each property, the property identified as Bridge No. 22 is considered not eligible for the National Register and no further evaluation of them is necessary. ® there are no National Register-listed properties within the project's area of potential effects. Signed: H, DOT WA /Ibr*the Divisi Representative; SHPO Administrator, or other Federal Agency Historic Preservation Of icer/ < C If a survey report is prepared. a final copy of this form and the attached list will be included. ?-s{- 21 Iq9? r Date /z Date 0?1 ?5EATE ?? ' .mod STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. GOVERNOR DIVISION OF HIGHWAYS P.O. BOX 25201, RALEIGH. N.C. 27611-5201 03 November 1997 MEMORANDUM TO: FROM: Wayne Elliot, Unit Head Bridge Unit GARLAND B. GARRETr JR. SECRETARY Marc Recktenwald, Environmental Biologist Environmental Unit SUBJECT: Natural Resources Technical Report for the proposed replacement of bridge No. 22 on NC 58 over Red Bud Creek, Franklin County. TIP No. B-2972, State project No. 8.2404901, Federal aid project No. BRSTP-58(5). ATTENTION: Bill Goodwin, P.E., Project Manager Project Planning Unit REFERENCE: Protected species survey memo prepared by Tim Savidge, November 1997. The following report is submitted to assist in the preparation of a Programmatic Categorical Exclusion (PCE) 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 minimal approach work. The existing structure is on concrete deck girders with concrete bents and end bents. The proposed structure is a three barrel RBC, each barrel being 4.3 m (14 ft) by 3.4 m (11 ft). The project length is approximately 152 m (500 ft). The proposed right of way for this project is to remain the same as the existing right of way which is 18 m (60 ft). Traffic will be detoured off-site during the construction of the proposed project. 0- METHODOLOGY Field investigations were conducted on 06 August 1997 by NCDOT biologists Marc Recktenwald, Chris Rivenbark, and Teryn Smith, with NCDOT Protected Species Coordinator Tim Savidge and NCDOT Transportation Technician II Deborah Terrell to assess natural resources at the project site. 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). 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 a/. (1968). Animal taxonomy follows Martof, et al. (1980), Menhenick (1991), Potter, et al. (1980), and Webster, et al. (1985). Wetland classifications follow Cowardin et a/. (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 The water resource crossed by the proposed project is Red Bud Creek [Department of Environmental Management (DEM) Index No. 28-78-1-17]. The Division of Water Quality (DWQ) best usage classification assigned to this water resource is C NSW. Class C waters are defined as waters suitable for aquatic life propagation and survival, fishing, wildlife, secondary recreation and agriculture. The NSW (Nutrient Sensitive Waters) subclassification refers to waters which require limitations on nutrient imputs. Red Bud Creek has its confluence with Sandy Creek [DEM Index No. 28-78-1-(14)] approximately 6.8 km (4.2 mi.) downstream of the project area. Sandy Creek becomes Swift Creek [DEM Index No. 28-78-(0.5)] approximately 7.7 km (4.8 mi) downstream from the Sandy Creek/Red Bud Creek confluence. Both Sandy Creek and Swift Creek have a DWQ Best Usage Classification of C NSW. These water resources lie in the Tar-Pamlico River Basin. No High Quality Waters or Outstanding Resource Waters exist in the project area. However, Red Bud Creek lies within proposed critical habitat for the tar spinymussel. Therefore, the highest NCDOT's Best Management Practices for the Protection of Surface Waters, high quality water construction standards, must be applied and strictly enforced for this project. These guidelines must be strictly enforced during the construction phase of the project. Terrestrial Communities There is one type of terrestrial community currently existing in the project area, maintained roadside shoulder. Maintained Roadside Shoulder This community includes areas that are highly maintained in an early successional state. They are subject to frequent mowing and/or herbicide use. Having been subjected to some type and degree of disturbance in the past, many species found in this type of community are highly adaptive and have the ability to repopulate an area quickly after disturbance. 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 communities are fescue (Festuca sp.), wild onion (Allium canadense), broomsedge (Andropogon virginica), blackberry (Rubus argutus), Japanese honeysuckle (Lonicera japonica), goldenrod (Solidago sp.), privet, Carolina geranium (Geranium carolinianum), wild carrot (Daucus carota), Virginia creeper (Parthenocissus quinquefolia), grape (Vitus spp.) and dog fennel (Anthemis cotula). Wildlife resources in this community are limited by the high degree of maintenance that occurs on residential developments and roadside shoulder. 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 (Procyon lotor), eastern harvest mouse (Reithrodontomys humulis), hispid cotton rat (Sigmodon hispidus), eastern fence lizard (Sceloporus undulatus), Carolina chickadee (Parus carolinensis), mourning dove (Zenaida macroura), common grackle (Quisca/us major), European starling (Sturnus vulgaris), and black racer (Coluber constrictor). Aquatic Communities One aquatic community type, piedmont perennial stream, will be impacted by the proposed project. Piedmont Perennial Stream The piedmont perennial stream, Red Bud Creek, contains habitat for various species of freshwater fish, benthic macroinvertebrates and aquatic insects. Water boatman* (family Corixidae) and water striders* (family Gerridae) are common in pools and along stream edges. Fish species expected in these waters include tesselated darter (Etheostoma olmstedi), bluehead chub (Nocomis leptocephalus), creek chub (Nocomis leptocephalus), redfin pickerel (Esox americanus) margined madtom (Noturus insignis) and bluegill (Lepomis macrochirus). Benthic macroinvertebrates include elliptio (Elliptio spp.), eastern floater (Pyganadon cataracta), notched rainbow (Villosa constricta), paper pondshell (Utterbackia imbecilis), triangle floater (Alasmidonta undulata), and eastern creekshell (Villosa delumbis). 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 are anticipated. Jurisdictional surface waters are present in the form of a piedmont perennial stream. Impacts can be minimized with NCDOT Best Management Practices. 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." The proposed project will directly impact 18 m (60) linear feet of surface waters. No wetland impacts will occur due to the construction of this project. There are also indirect impacts to surface waters associated with bridge construction projects. These impacts include changes in flooding, discharge, erosion and sedimentation regimes. The implementation of NCDOT's Best Management Practices for the Protection of Surface Waters, high quality water construction standards, will reduce any water resource impact caused by project construction. No wetland impacts will occur due to the construction of this project. Water Permits Nationwide 23 Permit A Nationwide Permit 33 CFR 330.5(a) (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 05 May 1997, the FWS lists three federally-protected species for Franklin County (Table 1). A complete description along with a biological conclusion for each species follows Table 1. Table 1 Federally Protected Species for Franklin County. Scientific Name Common Name Status Rhus michauxii Michaux's sumac E Alasmidonta heterodon Dwarf wedge mussel E Elliptio steinstansana Tar spiny mussel E Note: "E" denotes Endangered (a species that is threatened with extinction throughout all or a significant portion of its range). Rhus michauxii (Michaux's sumac) Endangered Plant Family: Anacardiaceae Federally Listed: 28 September 1989 Flowers Present: June Michaux's sumac is a densely pubescent rhizomatous shrub. The bases of the leaves are rounded and their edges are simply or doubly serrate. The flowers of Michaux's sumac are greenish to white in color. Fruits, which develop from August to September on female plants, are a red densely short-pubescent drupe. This plant occurs in rocky or sandy open woods. Michaux's sumac is dependent on some sort of disturbance to maintain the openness of its habitat. It usually grows in association with basic soils and occurs on sand or sandy loams. Michaux's sumac grows only in open habitat where it can get full sunlight. Michaux's sumac does not compete well with other species, such as Japanese honeysuckle, with which it is often associated. Biological Conclusion: No Effect During the site visit the areas of open roadside shoulder habitat were searched for the presence of this plant. No specimens were found. In addition, a search of the NCNHP database of rare species and unique habitats revealed no records of Michaux's sumac being present in the project area. Therefore, this project will not affect this species. Alasmidonta heterodon (dwarf wedge mussel) Endangered Animal Family: Unionidae Date Listed: 14 March 1990 The dwarf wedge mussel is a small mussel having a distinguishable shell noted by two lateral teeth on the right half and one on the left half. The periostracum (outer shell) is olive green to dark brown in color and the nacre (inner shell) is bluish to silvery white. Known populations of the dwarf wedge mussel in North Carolina are found in portions of the Tar and Neuse drainages This mussel is sensitive to agricultural, domestic, and industrial pollutants and requires a stable silt free streambed with well oxygenated water to survive. Biological Conclusion: No Effect See Reference 1. Elliptio steinstansana (Tar river spiny mussel) Endangered Animal Family: Unionidae Date Listed: 29 July 1997 Distribution in N.C.: Edgecombe, Franklin, Halifax, Nash, Pitt, Vance, Warren. 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 See Reference 1. cc: V. Charles Bruton, Ph.D., Environmental Unit Head Hal C. Bain, Environmental Supervisor File: B-2972 ' N 1451(?j S'? f _. N / .?; •? "Las 1461 1450 1460 ' .t . lam' 1449 `' '3 a r ? 1 1, r 1449 462 - D r / 14x9 Boo -? 14 ?5 • Z White lr4l g 1406 .3 .3 5 ? 1425 T ; t 5 .3 1425 ? ? ? ? • 4 ?"• ? ? (? `\o?. ' ,$ ? 46 7 1463 \1 ? ? 1407 N u' 0 1465 1464 Red ?- 1468 1466 -J _ / 1 n ;'J' ? ? "? _ Creek ?? / ? • ' t; , 5 l 40P 132 ? . ed 9 1469 1 All, s ? 1468 ? 1457 ? ? / •6? - c 1G' O •5 1' 1 0 s0 4 i. s TumOlinq J 1617 1621 ? 622 / 1330 I . ? 1 CASTALIA f 1 r 1 POP. 257 'Epsom ? __? • ? ~ f ' '`. 1 - / / Alert / 639 .6 J It' \ Centervi 1 -wood ?f\ • 7 _ ` ? Ingleside 1 3 (i i ?? ?? 1 ) 13 -- F R `? N, ;IyL I N S.. +LoussburH •; 9 ,ildinton DO , 581 S6 56 It'SVb.1'"`y? d% spledlle ' Justice niounlsWlle / to 3910 New Hooe Bunn Sr °ondS1 ?? deY3 5 6 98 , Peerces Pilot -6p do ZFN\ North Carolina Department of Transportation i y tel. T =, Division of Highways O; Planning & Environmental Branch \OR TRANS i Franklin County Replace Bridge No. 22 on NC 58 Over Red Bud Creek B-2972 Figure One Figure 1 .sw_ r ° r y+A Y STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMEs B. HUNT JR. DIVISION OF HIGHWAYS GOVERNOR P.O. BOX 25201. RALEIGH. N.G 27611-5201 November 04, 1997 Memorandum To: Wayne Elliot, Unit Head Bridge Unit GARLAND B. GARRETT J R. SECRETARY Attention: Bill Goodwin, P.E., Project Manager From: Tim Savidge, Environmental Biologist Environmental Unit Subject: Protected species surveys for proposed replacement of bridge no. 58 over Red Bud Creek on NC 58; Franklin County; TIP No. B-2972. Reference: Alderman, J..M., R. C. Wilson and C. McGrath. 1993. Conservation of aquatic critical habitats in North Carolina. Proc. Annu. Conf. Southeast. Assoc. Fish and Wildl. Agencies 47:348- 352. The proposed action calls for the replacement of bridge No. 58 over Red Bud Creek in the existing location, with minimal approach work. Two federally Endangered freshwater mussel species, the dwarf-wedge mussel (Alasmidonta heterodon) and the Tar spiny mussel (Elliptio steinstansana) are listed for Franklin County. In-stream surveys for mussel fauna were conducted at the subject project on August 06, 1997 by NCDOT biologists Tim Savidge, Teryn Smith, Mark Rectenwald and Chris Rivenbark. NCDOT Transportation Technician Deborah Terrell also participated in the surveys. Mussel survey methodology included visual (view bucket) and tactile methods by wading in the stream at the bridge site and to a distance of 300 feet downstream. Water depth was low and mussels were easily found. In 30 minutes of survey time, 591 elliptio mussels (Elliptio spp.), 10 eastern floater (Pyganadon cataracta), 2 notched rainbow (Villosa constricta), which is considered Significantly Rare (SR)* in North Carolina, and 1 paper pondshell (Utterbackia imbecilis) were found by the group. Mussel abundance and diversity increased further downstream of the crossing. Areas further downstream were surveyed by doing "spot checks" in areas of prime substrate. In addition to the above mentioned species, the 2 triangle floater (Alasmidonta undulata) and 2 eastern 0 - creekshell (Villosa delumbis) were also found. These species have North Carolina status's of Threatened (T)* and SR respectively. Biological Conclusion: No Effect Given the survey results, it is apparent that neither the dwarf-wedge mussel, nor the Tar spinymussel occur in the project area. It should be noted that Red Bud Creek flows into Sandy/Swift Creek approximately 6.8 km (4.2 mi) downstream of project crossing. The North Carolina Wildlife Resources Commission (WRC) has identified Swift Creek and its tributaries as one of 25 areas in North Carolina that have formally been proposed as aquatic Critical Habitats (PCH). These habitats are considered essential for the continued survival of endangered or threatened aquatic wildlife species. Certain conservation procedures, such as high quality waters designation and protection, are then established by the state regulatory agencies (Alderman et al. 1993). Presently the WRC is not allowed to designate areas as Critical Habitat; however NCDOT uses the PCHs for guidance in determining if a project will impact a federally listed aquatic species. NCDOT implements HQW standards in the former PCHs that contain federally listed species. Because this projects eventually drains into PCH for the Tar spinymussel and the presence of a diverse mussel fauna in the project area, including the state protected triangle floater, it is recommended that this project by design to HQW standards. North Carolina Status * T (Threatened): Any native or once-native species of wild animal which is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range, or one that is designated as a threatened species pursuant to the Endangered Species Act." (Article 25 of Chapter 113 of the General Statutes; 1987). * SR (Significantly Rare): "Any species which has not been listed by the NCWRC as an Endangered, Threatened, or Special Concern species, but which exists in the state in small numbers and has been determined by the NC Natural Heritage Program to need monitoring. Endangered, Threatened and Special Concern species have legal protection status in North Carolina under the State Endangered Species Act administered and enforced by the North Carolina Wildlife Resources Commission. However the level of protection given to state listed species does not apply to NCDOT activities. cc: V. Charles Bruton, Ph.D., Environmental Unit Head Hal Bain, Environmental Supervisor e: Protected species issues ile: B-2972 c10427. Appendix B 10, Isslit Section 7 Consultation Information United States Department of the Interior V_ TD WILT Post Office Box 33726 Raleigh, North Carolina 27636-3726 February 23, 2001 Mr. William D. Gilmore, P.E., Manager NCDOT Project Development and Environmental Analysis Branch 1548 Mail Service Center Raleigh, North Carolina 27699-1548 Dear Mr. Gilmore: Thank you for your letter of February 1, 2001, requesting comments or concurrence from the U.S. Fish and Wildlife Service (Service) on the biological assessment for the dwarf wedge mussel (Alasmidonta heterodon) in the vicinity of Bridge No. 22 on NC 58 over Red Bud Creek, Franklin County, North Carolina (TIP No. B-2972). This report is provided in accordance with provisions of the Fish and Wildlife Coordination Act (16 U.S.C. 661-667d) and Section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543). The Service considers this report to be an accurate representation of the survey and results for the Cape Fear shiner, and its habitat. Based on the information provided, the Service concurs that this project, implemented as described, is "Not Likely to Adversely Affect (Conditional)" the dwarf wedge mussel, provided you strictly adhere to all construction commitments outlined in your January 16, 2001 memorandum. Note, however, that this concurrence applies only to the referenced species up to the date of the report. Should additional information become available relative to the referenced species, additional surveys may be required. The Service appreciates the opportunity to comment on this document. Please advise us of any changes in project plans. If you have any questions regarding these comments, contact Tom McCartney at (919) 856-4520, ext. 32. Sincerely, a-r Dr. Garland B Pardue Ecological Services Supervisor cc: COE, Raleigh, NC (Eric Aismeyer) FWS/R4:TMcCartney:TM:02/23/01:919/856-4520 extension 32AB-2972.esp e ?. srnrE STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY GOVERNOR Mr. Tom McCartney USFWS - Raleigh Field Office Post Office Box 33726 Raleigh, NC 27636-3726 January 31, 2001 Vk?1w DAVID MCCOY SECRETARY SUBJECT: Section 7 Biological Conclusion for the Federally Endangered Dwarf wedge mussel, relating to Proposed Replacement of Bridge # 22 Over Red Bud Creek, Franklin County, TIP # B-2972. In a memorandum dated January 16, 2001, you received the a list of the construction protocol that resulted from a field meeting held on September 22, 2000 and a follow-up in house meeting on December 14, 2000 as part of the Section 7 Consultation process. The purpose of these meetings and resulting protocol is to minimize to the extent practicable any adverse effect to the dwarf wedge mussel (Alasmidonta heterodon). If the protocol outlined in the January 16, 2001 memorandum is strictly adhered to, it can be concluded that construction of this project is not likely to adversely impact the dwarf wedge mussel. BIOLOGICAL CONCLUSION: Not Likely to Adversely Affect (Conditional) If any of these commitments are not strictly adhered to, the project may adversely affect the Dwarf wedge mussel, requiring that the project be shut down and Section 7 Consultation reinitiated. If this occurs, construction. of the project cannot resume until the Section 7 requirements have been resolved. We are seeking your concurrence with this Biological Conclusion. Please note, the Biological Conclusion of Not Likely to Adversely Affect the Tar Spinymussel rendered on November 4, 1997, remains valid. If you have any questions or need additional information, please contact Mr. Michael Wood at 919-733-1194. cc: Judy Johnson, WRC Jean Manueie. USACE Robin. `I x ' is Charles Bruton, PDEA MAILING ADDRESS: NC DEPARTMENT OF TRANSPORTATION PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 1548 MAIL SERVICE CENTER RALEIGH NC 27699-1548 Sincerely, William D. Gilmore, P.E., Branch Manager Project Development and Environmental Analysis TELEPHONE: 919-733-3141 FAX: 919-733-9794 WEBSITE: WWWDOH.DOT.sTATE.NC.US LOCATION: TRANSPORTATION BUILDING 1 SOUTH WILMINGTON STREET RALEIGH NC e..? SWE a STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. P.O. BOX 25201, RALEIGH, N.C. 22611-5201 DAVID McCOY GOVERNOR SECRETARY January 16, 2001 MEMORANDUM TO: Judith Johnson* NC Wildlife Resources Commission John Alderman NC Wildlife Resources Commission David Cox* NC Wildlife Resources Commission John Hennessy* US Division of Water Quality John Hammond* US Fish & Wildlife Tom McCartney.* US Fish & Wildlife Dale Suiter* US Fish & Wildlife Dan Hinton* Federal Highway Administration Jake Riggsbee Federal Highway Administration Jean Manuele* US Army Corps of Engineers Linda Pearsall NC Natural Heritage Program Ken Pace* NCDOT - Roadside Environmental Unit Jeff Renn* NCDOT - Roadside Environmental Unit Hearbert Locklear* NCDOT - Structure. Design Unit Walker Armistead* NCDOT - Structure Design Unit Thomas Payne* NCDOT - Structure Design Unit Jerome Nix* NCDOT - Hydraulics Unit Marshall Clawson* NCDOT - Hydraulics Unit Chris Kreider* NCDOT - Soils & Foundations Ron Allen* NCDOT - Roadway Design Unit David Bass* NCDOT - Roadway Design Unit Tracy Parrott* NCDOT - Division 5 Construction Chris Murray* NCDOT - Division 5 Environmental Officer Ron Hancock* NCDOT - Area Bridge Construction Ellis Powell NCDOT - Bridge Construction Tim Savidge* Project Development & Environmental Analysis Logan Williams* Project Development & Environmental Analysis Michael Wood* Project Development & Environmental Analysis * These people attended at least one of the meetings. FROM: Robin C. Young PDEA, Project Planning Engineer SUBJECT: Section 7 Meetings for the dwarf wedge mussel Project B-2972 Section 7 Meeting Commitments Pagel of 3 B-2972 Franklin County Section 7 consultation meeting for the dwarf wedge mussel was held in Franklin County at the subject bridge site on September 22, 2000. A follow-up meeting was held in the Board of Transportation Conference Room at ssoortation Buiidinp can The attendees agreed upon the following. B-2972 Bridge No. 22 on NC 58 over Red Bud Creek (Let Date = April 17, 2001) No Clearing or Grubbing from November 15 to April 1. No in-stream construction from April 1 to June 15. Weep holes will be configured so that the run-off does not fall into the stream and no wet concrete will come in contact with the water. The new structure will be a 3-span cored slab bridge. Piles driven shall be encased. For all in-stream work, horseshoe turbidity. curtains will be used for driving piles and removing the existing abutments. Removal of the abutments may require cofferdams instead of turbidity curtains. Turbidity curtains shall not be draped across the entire stream, only around the area of activity. Under no circumstances will temporary fill material,, construction causeways, or construction equipment be allowed into the river, defined as the normal flow channel to bank full height. If a temporary work platform is needed for removal of existing structure, temporary piles or similar devices may be driven into the river bottom to support the work platform. No separate payment will be made for the temporary work platform as it is considered incidental to the removal of the existing structure. Details of work platform shall be submitted to the resident engineer for approval. A survey of the area will be completed prior to let. A copy of the survey results shall be sent to the US Fish & Wildlife Service, Wildlife Resource Commission, and the US Army Corps of Engineers. If there are fallen trees in the streambed, and if the trees are in the Right of Way of the project, the trunks and limbs of the trees are to be sawed off and removed (not to be dragged out, but lifted). The root system is to be left in place, as is. High Quality Waters - Soil and Erosion Control Measures will be installed concurrently with clearing and grubbing operations, and properly maintained throughout project construction. This is an Environmentally Sensitive Area (ESA). The erosion control plans will be designated to High Quality Water (HQW) standards. Environmentally Sensitive Areas (ESA) will be defined on the plans, which consist of a 50-foot (15-meter) buffer zone on both sides of the stream. The contractor may perform clearing operations, but not grubbing operations in the Environmentally Sensitive Areas (ESA), until immediately prior to beginning grading operations. Once grading operations begin in Environmentally Sensitive Areas (ESA), as specified on the ;Mans, work will progress in a continuous manner until complete. Section 7 Meeting Commitments Page 2 of 3 B-2972 Franklin County Seeding and mulching will be performed immediately following final grade establishment. Stage seeding will be performed on cut and fill slopes as grading progresses. iplojec. '%•_'_.'` ?v des'? ed using a ` ?Cia1 Hardware Cloth" erosion control device; which will be used w s ;re needed along the stream banks. Rock workpads will be established on both banks if heavy equipment will be located and/or used, to minimize risk of sediment entering the stream. Appropriate care shall be taken by the contractor when placing the pad. Abutments will be removed. The footings of the abutments are on top of timber piles. The timber piles will be cut off at the streambed. The interior bent will be removed such that the minimal amount of debris will fall into the stream. Most likely, this will require breaking it into sections and lifting it out one section. at a time. The interior bent should not be dragged off in one piece because this will damage the streambed. Removal of the abutments should be done "in the dry". Most likely, the best time for this is mid to late summer when the stream should be at a low flow condition. If there is any water at the existing footing of the abutments, De-Watering must be used. If this is necessary, cofferdams will be placed around the footings to hold water out of the excavation. Cofferdams may include timber cribs, sheet piling, steel shells, or similar structures, as well as necessary bracing. Pumping wells or well points will be used in conjunction with the cofferdams. After removal of the abutments and footings, before the cofferdams are removed, the soil will be stabilized. If needed, temporary seeding will be placed before putting down the Rip Rap and Fabric. Since there is a chance de-watering and cofferdams may be used, a Nationwide Permit # 33 must be obtained from the Army Corps of Engineers. Written concurrence is required from John Hennessy of the North Carolina Division of Water Quality (NCDWQ). The permit specialist, Mike Wood will send the request for this concurrence. Equipment will be maintained such that hydraulic fluids, oil, gasoline, or other chemicals will not enter the stream. If chemicals are spilled on the site, they will be cleaned up immediately and not allowed to filter down into the soil. Stormwater runoff will not be channeled directly into the stream. North Carolina Wildlife Resource Commission (NCWRC) and US Fish and Wildlife Service (USFWS) will be notified in writing to attend the pre-construction meeting. Section 7 Meeting Commitments Page 3 of 3 B-2972 Franklin County ,?swc STATE OF NORTH CAROLINA DEPARTMENT OF Tk NSPORTATION JAMES B. HUNT JR. GOVERNOR DIVISION OF HIGHWAYS P.O. BOX 25201, RALEIGH, N.C. 27611-5201 November 04, 1997 Memorandum To: Attention: From: Subject: Reference: Wayne Elliot, Unit Head Bridge Unit Bill Goodwin, P.E., Project Manager Tim Savidge, Environmental Biologist Environmental Unit GARLAND B. GARRETT J R. SECRETARY Protected species surveys for proposed replacement of bridge no. 58 over Red Bud Creek on NC 58; Franklin County; TIP No. B-2972. Alderman, J. M., R. C. Wilson and C. McGrath. 1993. Conservation of aquatic critical habitats in North Carolina. Proc. Annu. Conf. Southeast. Assoc. Fish and Wildl. Agencies 47:348- 352. The proposed action calls for the replacement of bridge No. 58 over Red Bud Creek in the existing location, with minimal approach work. Two federally Endangered freshwater mussel species, the dwarf-wedge mussel (Alasmidonta heterodon) and the Tar spiny mussel (Elliptio steinstansana) are listed for Franklin County. In-stream surveys for mussel fauna were conducted at the subject project on August 06, 1997 by NCDOT biologists Tim Savidge, Teryn Smith, Mark Rectenwald and Chris Rivenbark. NCDOT Transportation Technician Deborah Terrell also participated in the surveys. Mussel survey methodology included visual (view bucket) and tactile methods by wading in the stream at the bridge site and to a distance of 300 feet downstream. Water depth was low and mussels were easily found. In 30 minutes of survey time, 591 elliptio mussels (Elliptio spp.), 10 eastern floater (Pyganadon cataracta), 2 notched rainbow (Villosa constricta), which is considered Significantly Rare (SR)* in North Carolina, and 1 paper pondshell (Utterbackia imbecilis) were found by the group. Mussel abundance and diversity increased further downstream of the crossing. Areas further downstream were surveyed by doing "'spot checks" in areas of prime substrate. In addition to the above mentioned species, the 2 triangle floater (Alasmidonta undulata) and 2 eastern 0 creekshell (Villosa delumbis) were also found. These species have North Carolina status's of Threatened (T)* and SR respectively. Biological Conclusion: No Effect Given the survey results, it is apparent that neither the dwarf-wedge mussel, nor the Tar spinymussel occur in the project area. It should be noted that Red Bud Creek flows into Sandy/Swift Creek approximately 6.8 km (4.2 mi) downstream of project crossing. The North Carolina Wildlife Resources Commission (WRC) has identified Swift Creek and its tributaries as one of 25 areas in North Carolina that have formally been proposed as aquatic Critical Habitats (PCH). These habitats are considered essential for the continued survival of endangered or threatened aquatic wildlife species. Certain conservation procedures, such as high quality waters designation and protection, are then established by the state regulatory agencies (Alderman et al. 1993). Presently the WRC is not allowed to designate areas as Critical Habitat; however NCDOT uses the PCHs for guidance in determining if a project will impact a federally listed aquatic species. NCDOT implements HQW standards in the former PCHs that contain federally listed species. Because this projects eventually drains into PCH for the Tar spinymussel and the presence of a diverse mussel fauna in the project area, including the state protected triangle floater, it is recommended that this project by design to HQW standards. North Carolina Status * T (Threatened): Any native or once-native species of wild animal which is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range, or one that is designated as a threatened species pursuant to the Endangered Species Act." (Article 25 of Chapter 113 of the General Statutes; 1987). * SR (Significantly Rare): "Any species which has not been listed by the NCWRC as an Endangered, Threatened, or Special Concern species, but which exists in the state in small numbers and has been determined by the NC Natural Heritage Program to need monitoring. Endangered, Threatened and Special Concern species have legal protection status in North Carolina under the State Endangered Species Act administered and enforced by the North Carolina Wildlife Resources Commission. However the level of protection given to state listed species does not apply to NCDOT activities. cc: V. Charles Bruton, Ph.D., Environmental Unit Head Hal Bain, Environmental Supervisor File: Protected species issues File: B-2972 }nLS !,Af iilu ll rti?!; ulu.? LS ?.t ; ?i {'L ?. N A U1 01 fl{ OD Q- O 01 N 01 A 01 01 O? OD y y Z c 111 1 o F I - _ , I ._ mg mn I f 1 I 411 1 ti, 1 11 111 111 _ C O z ?y 20 m : - g N IJA - - - n y m i fli v Z 411 o f .1 1 : .. .... _. - - - .. .. - .. '.. RI P - 7 r m I M _ R - I I I l D N O o - I .IYJ7d 11 I m I I _ O : _ ?- ? I + O M o cn Q HI I I I ?I o a2 c + . - _ 1 I .I O c W N 10 N 1 ? 44 I I I I a ? p 4 0 4 . . - ?J I I I ? - -- - - ?I I o rl II DO ' -t rt { t H I M W i n I I : ?I h ' _ ? - _ _ _ I I F N I I I II ° .. - ? x I I I . i. -.. ' m u m l 1 1 ? i ( a ki i 1 i# } - ? # f 1 o ' . _. + + 44 .4r4t.m -44 4i H it TT I I I xm "? m3 p }1? + i k? . .. I x 1 I I I _ mZ 6 I II HI R# m i lt M t. ?? FILM ? I I I I F r O ff -- - S E -141 1flIt ? + , .. o : I I -o _ - r I I I J 1 i 1 . 4 11 111 1- 1 I i : 1 Lh I I I R i m 11 1 1 rx I ' I , I I JI --- 4.17 .. -- - X I I 1 J ? I 12 1 1,1 1 I I . m 9 1 i l N v - 11 11, A I i I -? _ ? D A - I I '? I N o I I x I i ? Ia I I i lls 0 L : 14 o V _ 1 0 FI + A Its - + i !6 7 i}/W F n 'D T < O M M ml 11 :. a R - H I I : - 1 m m ? r ? f t D r ?? 42 111- cn ` n =a -p- Mil- 444 m ?? Cr -_ ._ _ m - og o Z D f 1 1 , O ? 00% po AN GGG A _ ... O Z ? m '" _ n .- - Z x m m ? ... . . ... 4 _ _ FYY - .. - ... _ .. . . .. . . .. . - - .: - :. . .. _ _ _ _ - -_ - S mop iQp __ n `.? . _ .. - :.L.. .- _ -: . ..__ ...:: . - ... :: . O ? o 0 3 _N nZ m ? -,O p t ? ?` ?0 Z l T Z ^o a G ? m a z0 - y7 FN p z Lim Ui Ul o, O O o, 01 D y O ? 01 OD O N A P OD 1a 010427 Appendix B Section 7 Consultation Information United States Department of the Interior _ ..: 'ND WILL.' Q7 Post Office Box 33726 Raleigh, North Carolina 27636-3726 February 23, 2001 Mr. William D. Gilmore, P.E., Manager NCDOT Project Development and Environmental Analysis Branch 1548 Mail Service Center Raleigh, North Carolina 27699-1548 Dear Mr. Gilmore: Thank you for your letter of February 1, 2001, requesting comments or concurrence from the U.S. Fish and Wildlife Service (Service) on the biological assessment for the dwarf wedge mussel (Alasmidonta heterodon) in the vicinity of Bridge No. 22 on NC 58 over Red Bud Creek, Franklin County, North Carolina (TIP No. B-2972). This report is provided in accordance with provisions of the Fish and Wildlife Coordination Act (16 U.S.C. 661-667d) and Section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543). The Service considers this report to be an accurate representation of the survey and results for the. Cape Fear shiner, and its habitat. Based on the information provided, the Service concurs that this project, implemented as described, is "Not Likely to Adversely Affect (Conditional)" the dwarf wedge mussel, provided you strictly adhere to all construction commitments outlined in your January 16, 2001 memorandum. Note, however, that this concurrence applies only to the referenced species up to the date of the report. Should additional information become available relative to the referenced species, additional surveys may be required. The Service appreciates the opportunity to comment on this document. Please advise us of any changes in project plans. If you have any questions regarding these comments, contact Tom McCartney at (919) 856-4520, ext. 32. Sincerely, Dr. Garland B Pardue Ecological Services Supervisor. cc: COE, Raleigh, NC (Eric Aismeyer) FWS/R4:TMcCartney:TM:02/23/01:919/856-4520 extension 32:\B-2972.esp STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY GOVERNOR January 31, 2001 Mr. Tom McCartney USFWS - Raleigh Field Office Post Office Box 33726 Raleigh, NC 27636-3726 V?? DAVID MCCOY SECRETARY SUBJECT: Section 7 Biological Conclusion for the Federally Endangered Dwarf wedge mussel, relating to Proposed Replacement of Bridge 9 22 Over Red Bud Creek, Franklin County, TIP 4 B-2972. In a memorandum dated January 16, 2001, you received the a list of the construction protocol that resulted from a field meeting held on September 22, 2000 and a follow-up in house meeting on December 14, 2000 as part of the Section 7 Consultation process. The purpose of these meetings and resulting protocol is to minimize to the extent practicable any adverse effect to the dwarf wedge mussel (Alasmidonta heterodon). If the protocol outlined in the January 16, 2001 memorandum is strictly adhered to, it can be concluded that construction of this project is not likely to adversely impact the dwarf wedge mussel. BIOLOGICAL CONCLUSION: Not Likely to Adversely Affect (Conditional) If any of these commitments are not strictly adhered to, the project may adversely affect the Dwarf wedge mussel, requiring that the project be shut down and Section 7 Consultation reinitiated. If this occurs, construction of the project cannot resume until the Section 7 requirements have been resolved. We are seeking your concurrence with this Biological Conclusion. Please note, the Biological Conclusion of Not Likely to Adversely Affect the Tar Spinymussel rendered on November 4, 1997, remains valid. If you have any questions or need additional information, please contact Mr. Michael Wood at 919-733-1194. Sincerely, William D. Gilmore, P.E., Branch Manager Project Development and Environmental Analysis cc: Judy Johnson, WRC Jean Manuele, USACE Robin Charles Bruton, PDEA MAILING ADDRESS: TELEPHONE: 919-733-3141 LOCATION: NC DEPARTMENT GP 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 "s STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. P.O. BOX 25201, RALEIGH, N.C. 27611-5201 DAVID MCCOY GOVERNOR SECRETARY January 16 , 2001 MEMORANDUM TO: Judith Johnson* NC Wildlife Resources Commission John Alderman NC Wildlife Resources Commission David Cox* NC Wildlife Resources Commission John Hennessy* US Division of Water Quality John Hammond* US Fish & Wildlife Tom McCartney* US Fish & Wildlife Dale Suiter* US Fish & Wildlife Dan Hinton* Federal Highway Administration Jake Riggsbee Federal Highway Administration Jean Manuele* US Army Corps of Engineers Linda Pearsall NC Natural Heritage Program Ken Pace* NCDOT - Roadside Environmental Unit Jeff Renn* NCDOT - Roadside Environmental Unit Hearbert Locklear* NCDOT - Structure Design Unit Walker Armistead* NCDOT - Structure. Design Unit Thomas Payne* NCDOT - Structure Design Unit Jerome Nix* NCDOT - Hydraulics Unit Marshall Clawson* NCDOT - Hydraulics Unit Chris. Kreider* NCDOT - Soils & Foundations Ron Allen* NCDOT - Roadway Design Unit David Bass* NCDOT - Roadway Design Unit Tracy Parrott* NCDOT - Division 5 Construction Chris Murray* NCDOT - Division 5 Environmental Officer Ron Hancock* NCDOT - Area Bridge Construction Ellis Powell NCDOT - Bridge Construction Tim Savidge* Project Development & Environmental Analysis Logan Williams* Project Development & Environmental Analysis Michael Wood* Project Development & Environmental Analysis * These people attended at least one of the meetings. FROM: Robin C. Young PDEA, Project Planning Engineer SUBJECT: Section 7 Meetings for the dwarf wedge mussel Project B-2972 Section 7 Meeting Commitments Page I of 3 B-2972 Franklin County Section 7 consultation meeting for the dwarf wedge mussel was held in Franklin County at the subject bridge site on September 22, 2000. A follow-up meeting was held in the Board of Transportation Conference Room at soortation Building on D .., D.._ . The attendees agreed upon the following. B-2972 Bridge No. 22 on NC 53 over Red Bud Creek (Let Date = April 17, 2001) No Clearing or Grubbing from November 15 to April 1. No in-stream construction from April 1 to June 15. Weep holes will be configured so that the run-off does not fall into the stream and no wet concrete will come in contact with the water. The new structure will be a 3-span cored slab bridge. Piles driven shall be encased. For all in-stream work, horseshoe turbidity. curtains will be used for driving piles and removing the existing abutments. Removal of the abutments may require cofferdams instead of turbidity curtains. Turbidity curtains shall not be draped across the entire stream, only around the area of activity. Under no circumstances will temporary fill material,. construction causeways, or construction equipment be allowed into the river, defined as the normal flow channel to bank full height. If a temporary work platform is needed for removal of existing structure, temporary piles or similar devices may be driven into the river bottom to support the work platform. No separate payment will be made for the temporary work platform as it is considered incidental to the removal of the existing structure. Details of work platform shall be submitted to the resident engineer for approval . A survey of the area will be completed prior to let. A copy of the survey results shall be sent to the US Fish & Wildlife Service, Wildlife Resource Commission, and the US Army Corps of Engineers. If there are fallen trees in the streambed, and if the trees are in the Right of Way of the project, the trunks and limbs of the trees are to be sawed off and removed (not to be dragged out, but lifted). The root system is to be left in place, as is. High Quality Waters - Soil and Erosion Control Measures will be installed concurrently with clearing and grubbing operations, and properly maintained throughout project construction. This is an Environmentally Sensitive Area (ESA). The erosion control plans will be designated to High Quality Water (HQW) standards. Environmentally Sensitive Areas (ESA) will be defined on the plans, which consist of a 50-foot (15-meter) buffer zone on both sides of the stream. The contractor may perform clearing operations, but not grubbing operations in the Environmentally Sensitive Areas (ESA), until immediately prior to beginning grading operations. Once grading operations begin in Environmentally Sensitive Areas (ESA), as specified on the plans, work will progress in a continuous manner until complete. Section 7 Meeting Commitments Page 2 of 3 B-2972 Franklin County Seeding and mulching will be performed immediately following final grade establishment. Stage seeding will be performed on cut and fill slopes as grading progresses. T e prajec ??-z b- des?gned using a ' pecial Hardware Cloth" erosion control device, which will be used were needed along the stream banks.. Rock workpads will be established on both banks if heavy equipment will be located and/or used, to minimize risk of sediment entering the stream. Appropriate care shall be taken by the contractor, when placing the pad. Abutments will be removed. The footings of the abutments are on top of timber piles. The timber piles will be cut off at the streambed. The interior bent will be removed such that the minimal amount of debris will fall into the stream. Most likely, this will require breaking it into sections and lifting it out one section.at a time. The interior bent should not be dragged off in one piece because this will damage the streambed. Removal of the abutments should be done "in the dry". Most likely, the best time for this is mid to late summer when the stream should be at a low flow condition. If there is any water at the existing footing of the abutments, De-Watering must be used. If this is necessary, cofferdams will be placed around the footings to hold water out of the excavation. Cofferdams may include timber cribs, sheet piling, steel shells, or similar structures, as well as necessary bracing. Pumping wells or well points will be used in conjunction with the cofferdams. After removal of the abutments and footings, before the cofferdams are removed, the soil will be stabilized. If needed, temporary seeding will be placed before putting down the Rip Rap and Fabric. Since there is a chance de-watering and cofferdams may be used, a Nationwide Permit # 33 must be obtained from the Army Corps of Engineers. Written concurrence is required from John Hennessy of the North Carolina Division of Water Quality (NCDWQ). The permit specialist, Mike Wood will send the request for this concurrence. Equipment will be maintained such that hydraulic fluids, oil, gasoline, or other chemicals will not enter the stream. If chemicals are spilled on the site, they will be cleaned up immediately and not allowed to filter down into the soil. Stormwater runoff will not be channeled directly into the stream. North Carolina Wildlife Resource Commission (NCWRC) and US Fish and Wildlife Service (USFWS) will be notified in writing to attend the pre-construction meeting. Section 7 Meeting Commitments Page 3 of 3 B-2972 Franklin County ?e rrA6? STATE OF NORTH CAROLINA JAMES B. HUNT JR. GOVERNOR DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS P.O. BOX 25201, RALEIGH, N.C. 27611-5201 November 04, 1997 Memorandum To: Attention: From: Subject: Wayne Elliot, Unit Head Bridge Unit Bill Goodwin, P.E., Project Manager Tim Savidge, Environmental Biologist Environmental Unit GARLAND B. GARRETT J R. SECRETARY Protected species surveys for proposed replacement of bridge no. 58 over Red Bud Creek on NC 58; Franklin County; TIP No. B-2972. Reference: Alderman, J. M., R. C. Wilson and C. McGrath. 1993. Conservation of aquatic critical habitats in North Carolina. Proc. Annu. Conf. Southeast. Assoc. Fish and Wildl. Agencies 47:348- 352. The proposed action calls for the replacement of bridge No. 58 over Red Bud Creek in the existing location, with minimal approach work. Two federally Endangered freshwater mussel species, the dwarf-wedge mussel (Alasmidonta heterodon) and the Tar spiny mussel (Elliptio steinstansana) are listed for Franklin County. In-stream surveys for mussel fauna were conducted at the subject project on August 06, 1997 by NCDOT biologists Tim Savidge, Teryn Smith, Mark Rectenwald and Chris Rivenbark. NCDOT Transportation Technician Deborah Terrell also participated in the surveys. Mussel survey methodology included visual (view bucket) and tactile methods by wading in the stream at the bridge site and to a distance of 300 feet downstream. Water depth was low and mussels were easily found. In 30 minutes of survey time, 591 elliptio mussels (Elliptio spp.), 10 eastern floater (Pyganadon cataracta), 2 notched rainbow (Villosa constricta), which is considered Significantly Rare (SR)* in North Carolina, and 1 paper pondshell (Utterbackia imbecilis) were found by the group. Mussel abundance and diversity increased further downstream of the crossing. Areas further downstream were surveyed by doing "spot checks" in areas of prime substrate. In addition to the above mentioned species, the 2 triangle floater (Alasmidonta undulata) and 2 eastern 0 creekshell (Villosa delumbis) were also found. These species have North Carolina status's of Threatened (T)* and SR respectively. Biological Conclusion: No Effect Given the survey results, it is apparent that neither the dwarf-wedge mussel, nor the Tar spinymussel occur in the project area. It should be noted that Red Bud Creek flows into Sandy/Swift Creek approximately 6.8 km (4.2 mi) downstream of project crossing. The North Carolina Wildlife Resources Commission (WRC) has identified Swift Creek and its tributaries as one of 25 areas in North Carolina that have formally been proposed as aquatic Critical Habitats (PCH). These habitats are considered essential for the continued survival of endangered or threatened aquatic wildlife species. Certain conservation procedures, such as high quality waters designation and protection, are then established by the state regulatory agencies (Alderman et al. 1993). Presently the WRC is not allowed to designate areas as Critical Habitat; however NCDOT uses the PCHs for guidance in determining if a project will impact a federally listed aquatic species. NCDOT implements HQW standards in the former PCHs that contain federally listed species. Because this projects eventually drains into PCH for the Tar spinymussel and the presence of a diverse mussel fauna in the project. area, including the state protected triangle, floater, it is recommended that this project by design to HQW standards. North Carolina Status * T (Threatened): Any native or once-native species of wild animal which is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range, or one that is designated as a threatened species pursuant to the Endangered Species Act." (Article 25 of Chapter 113 of the General Statutes; 1987). * SR (Significantly Rare): "Any species which has not been listed by the NCWRC as an Endangered, Threatened, or Special Concern species, but which exists in the state in small numbers and has been determined by the NC Natural Heritage Program to need monitoring. Endangered, Threatened and Special Concern species have legal protection status in North Carolina under the State Endangered Species Act administered and enforced by the North Carolina Wildlife Resources Commission. However the level of protection given to state listed species does not apply to NCDOT activities. cc: V. Charles Bruton, Ph.D., Environmental Unit Head Hal Bain, Environmental Supervisor Filer Protected species issues File: B-2972 I L t 3 L L', ? t!1!!:'1! ,1! ' ' I : III ?F I L 1 L'!li '1'1 iCi•:I;III!IL II!1 1ItI91- N A N P N O P O P P N A P P P OD ! Z O . D C {{ il '1 +{ 1i-1: 111 M l mo 1= ?.. 9 p:E 01 x o 0; ?o Y m o q r j Trt - 7- - - - - - - - - - Z y Nj m L ?. rez* r ar?rnv I I I ? r rn : - N Z 1 I I ? D N q 1 #D7-4II I m I ? p ? o A C) M rill ?I p ?2 o I i `1 ° w°' , fi i I t: O w l I I I N ?? 1' a -' 1 U IM 9 I + O .- . I I I OW N 1 -. T T : $ f I I P ?I I + ? JIM- A I I I I I O } f? ?I h .rte i' N X F N I I I I I I• A 4 t ! 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